IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


^/ 


W 


>^ 


1.0 


1.1 


11.25 


lii|2£    125 

£   1^    12.0 


I 


! 


-1 


Hiotographic 

Sciences 

Corporation 


23  WEST  MAIN  STRHT 

WIBSTM.N.Y.  :45M 

(716)  •72-4903 


m 


^ 


<^^ 


o 


^. 


v\ 


i 


^ 

<^^ 

^>>^ 

^4' 
^ 


-i 


<> 

,/C^ 


^ 

^ 

e^^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microroproductions  historiques 


Technical  and  Bibliographic  Notas/Notas  tachniquaa  at  bibliographiqiiaa 


The  Instituta  has  attamptad  to  obtain  tha  bast 
original  copy  available  for  filming.  Featuraa  of  this 
copy  which  may  be  bibiiographically  unique, 
which  may  alter  any  of  4<ie  imeges  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 


D 


0 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagia 


Covers  restored  and/or  laminated/ 
Couverture  restaurAe  et/ou  pelliculAe 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


Coloured  riaps/ 

Cartes  g6ographiques  en  cuuleur 


□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I   Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relii  avec  d'autres  documents 


r~71    Tight  binding  may  cause  shadows  or  distortion 


along  interior  margin/ 

Lareliure  serrde  peut  causer  de  I'ombre  ou  de  la 

distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout6es 
lors  d'une  restauration  apparaissent  dans  le  texte. 
mais.  lorsque  cela  itait  possible,  ces  pages  n'ont 
pas  M  film^es. 


L'Instltut  a  microfilm*  le  meilleur  exemplaire 
qu'il  lui  a  4t4  possible  de  se  procurer.  Les  dMails 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithoda  normale  de  filmage 
sont  indiquAs  ci-dessous. 


D 
El 


V 


0 
D 
0 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommagias 

Pages  restored  and/or  laminated/ 
Pages  restauries  et/ou  pellicul^es 

Pages  discoloured,  stained  or  fo;-;9d/ 
Pages  d^colordes,  tacheties  ou  piqudes 

Pages  detached/ 
Pages  d^tach^es 

Showthrough/ 
Transparence 


tc 


T 

P 
o 
fi 


O 
b 
tt 

si 

01 

fll 

si 

01 


r~7\    Quality  of  print  varies/ 


Quality  in^gale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  matdriel  supplimentaire 

Only  edition  available/ 
Seule  Edition  disponible 


0 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc..  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totaiemant  ou  partfeilement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
etc.,  ont  iti  film^es  A  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


Additional  comments:/ 
Commentaires  suppldmentaires: 


Irregular  pagination  :  vi,  [iii]  -  ix,  739,  xxvi,  [2]p. 


Tt 
sr 
Tl 
w 


M 
di 
er 
be 
rifl 
re( 
mi 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  f  ilm*  au  taux  de  rMuction  indiqu*  ci-dessous 

10X                            14X                             18X                            22X 

26X 

30X 

V 

12X 

16X 

20X 

24X 

28X 

32X 

:^rmw 


re 

l^tails 
IS  du 
nodifiar 
>r  une 
ilmage 


Th«  copy  filfnad  bw  has  b««n  raproduead  thanka 
to  tha  ganaroaity  of: 

Library 

Trant  Univtnity.  Pttartiorough 


Tha  imagaa  appaaring  hara  ara  tha  boat  quality 
posaibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  wHh  tha 
filming  contract  apaciflcatlona. 


L'axamplaira  film4  fut  raproduit  grAca  i  la 
g4n4rosit*  da: 

Library 

Trant  Univartity,  Patarborougli 

Laa  imagaa  tuivanta*  ont  At*  reproduitas  avac  la 
plus  grand  soin,  compta  tanu  da  ia  condition  at 
da  la  nattatA  da  I'axamplaira  fiimA.  at  an 
conformitA  avac  las  conditions  du  contrat  da 
fllmaga. 


Original  copioa  in  printad  papor  covara  ara  fllmad 
baginning  with  tha  front  eovar  and  anding  on 
tha  laat  paga  with  a  printad  or  illuatratad  impraa- 
sion,  or  tha  back  covar  whan  approprlata.  All 
othar  original  coplaa  ara  fllmad  baginning  on  tha 
firat  paga  with  a  printad  or  illuatratad  Impraa- 
slon.  and  anding  on  tha  laat  paga  with  a  printad 
or  Illuatratad  impraaalon. 


BS 


Laa  axamplairaa  originaux  dont  la  couvartura  an 
papiar  aat  imprimAa  sont  filmAs  9n  commanqant 
par  la  pramiar  plat  at  un  tarminant  soit  par  la 
darnlAre  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'illustration.  soit  par  la  sacond 
plat,  salon  ia  caa.  Tous  laa  autras  axamplairas 
originaux  sont  filmAs  9n  commandant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'impraaaion  ou  d'illustration  at  an  tarminant  par 
la  darnlAra  paga  qui  comporta  una  talla 
amprainta. 


Tha  laat  racordad  frama  on  aach  mieroflcha 
shall  contain  tha  symbol  ^^-  (moaning  "CON- 
TINUED"), or  tha  symbol  ▼  (moaning  "END"), 
whichavar  appllaa. 


Un  daa  symbolas  suivants  apparaltra  sur  la 
darnlAra  imaga  da  chaqua  microfiche,  salon  la 
caa:  la  symbola  — ^  signifia  "A  SUIVRE  ".  la 
symbola  V  signifia  "FIN". 


Mapa,  plataa,  charts,  etc.,  may  be  fllmad  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  expoaura  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  aa  many  framea  aa 
required.  The  following  diagrama  illuatrata  the 
method: 


Lea  cartes,  planches,  tableaux,  etc.,  pauvant  Atre 
filmAs  A  das  taux  da  rAduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atra 
raproduit  en  un  seul  clichA,  il  est  fiimA  A  partir 
da  I'angia  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  an  baa,  an  prenant  la  nombra 
d'images  nAcessaira.  Las  diagrammas  suivants 
illustrent  la  mAthode. 


errata 
to 


pelure, 
>n  A 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

5 

6 

'0- 


^f.      ':  :-f:n    .'.   > 


T 


4 
t    * 


^nm 


.-^ 


A 


M^lORlUA] 


O^-c^^cz^/ 


^^^^^-^ 


D. 


!■   Ail!.-.. II   »    ,'■      Itthahi 


THIRTY  YEARS'  VIEW; 


OR, 


'irSTORY  OP  THE  WORKING  OF  THE  AMERICAJ^ 
GOVERNMENT  POR  THIRTY   YEARS, 


FROM  1820  TO  18S0. 


CHIUTLY    TAKKM 


V 


■t.M  THE  CONOHhSa  DEBATES,  TllK  PRIVATE  PAPERS  OF  GENERAL  JACKSOM 
A.ND  TliE  8FEEC1TES  OF  EX-SENATOR  BEN'TON.    WITH    HIS 
ACTUAL  VIEW  kj¥  -JIKN  AND  AFl'AJHJJ; 


whmi 


•riORIUAL  K0TE3  ASD  ELLUSTRATIONS,  AND  SOME  NOTICES  OP  EMINENT 
DECEASED  COTEMPORARIES: 


BY  A  SENATOR  OF  THIUTY  YEARS. 


IS   TWO    VOLUMES. 

VOL.  I. 


«K    - 


NEW  YORTv: 
D.    APPLET  ON    AND    0  0  MP  A  NX 

64 »    ft    »8  1    H  ROAD  WAY. 

LONDON  I    10    LITTLE    BRITAIN. 

1  875. 


/».. 


pm>^^ 


A  HI 


FROM  THE 


HIBTORICi 


^^■^AP. 


jst*  .ii  ■5.'«:#i;'>,y  • 


■'*.#•' 


-/ 


D 


.,*,«*,. 


THIRTY  YEARS'  VIEW; 


OR, 


A  HISTORY  OF  THE  WORKING  OF  THE  AMERICAN 
GOVERNMENT  FOR  THIRTY  YEARS, 


FROM  1820  TO  1850. 


OillCTLT  TAKKM 

FROM  THE  CONGRESa  DEBATES,  THE  PRIVATE  PAPERS  OF  GENERAL  JACKSOU 

AND  l-HE  SPEECHES  OF  EX-SENATOR  BENTON,    WITH  HIS 

ACTUAL  VIEW  OF  MEN  AND  AFFAIRS: 


■wira 


mBTORICAL  NOTES  AND  ILLUSTRATIONS^  AND  SOME  NOTICES  OF  EMINENT 

DECEASED  COTEMPORARIES : 


BY  A  SENATOR  OF  THIRTY  YEARS. 

IN  TWO  VOLUMES. 
VOL.  I. 


NEW  YORK: 
D.    APPLETON    AND    COMPANY, 

649    ft    661    BROADWAY. 

LONDON:    16    LITTLE    BRITAIN. 

1875. 


/ 


Ll>3S      ,^4-1  e      [tlb 


^ 

o 


\ 


M.  / 


[The  outline 
I  following  pages, 
jpaln  from  the  di 
■for  a  Biography, 
iBODie  chief  incid< 


Entered,  according  to  Act  of  Congress,  in  the  year  1854,  by 

D.  APPLETON  &  CO., 

In  the  Clcrli'ti  Oilicc  of  the  District  Court  of  the  United  States  for  the  Southern 
District  of  New  Yorlt. 


AUTO -BIOGRAPHICAL  SKETCH. 


[The  outlines  of  the  life  of  the  lately  dcceued  Thomas  H.  Benton,  which  are  contained  in  the 
I  following  pages,  were  prepared  by  the  author  and  subject  of  them  whilst  he  was  suiToring  excruciating 
Ipain  from  the  disease  that,  a  few  weeks  later,  closed  his  earthly  career.  They  were  not  intended 
Ifor  a  Biography,  properly  so  called,  but  rather  to  present  some  salient  points  of  character  and 
iBome  chief  incidents  of  life,  and  in  respect  of  them,  at  least,  to  govern  subsequent  Biographies.] 

Thomas  Hart  Benton,  known  as  a  senator  for  thirty  years  in  Congress,  and  as 
Ithe  author  of  several  works,  was  born  in  Orange  County,  near  Hillsborough,  North 
ICarolina,  March  14th,  1782;  and  was  the  son  of  Col.  Jesse  Benton,  an  able  lawyer 
a(  that  State,  and  of  Ann  Gooch,  of  Hanover  county,  Virginia,  of  the  family  of  the 
Joocbes  of  colonial  residence  in  that  State.     By  this  descent,  on  the  mother's  side,  he 
Itook  his  name  from  the  head  of  the  Hart  family  (Col.  Thomas  Hart,  of  Lexington, 
Kentucky),  his  mother's  maternal  uncle ;  and  so  became  related  to  the  numerous  Hart 
Ifamily.     He  was  cousin  to  Mrs.  Clay,  born  Lucretia  Hart,  the  wife  of  Henry  Clay ;  and, 
t)y  an  easy  mistake,  was  often  quoted  during  his  public  life  as  the  relative  of  Mr.  Clay 
himself.     He  lost  his  father  before  he  was  eight  years  of  age,  and  fell  under  the  care  of 
.  mother  still  young,  and  charged  with  a  numerous  family,  all  of  tender  age — and  devot- 
Qg  herself  to  them.     She  was  a  woman  of  reading  and  observation — solid  rcadinr',  and 
bbaervation  of  the  men  of  the  Bevolution,  brought  together  by  course  of  hospitoi;  \}  of 
[hat  time,  in  which  the  houses  of  friends,  and  not  taverns,  were  the  universal  stopping 
Places.     Thomas  was  the  oldest  son,  and  at  the  age  of  ten  and  twelve  was  reading  solid 
books  with  his  mother,  and  studying  the  great  examples  of  history,  and  receiving  encour- 
agement to  emulate  these  example?      His  father's  library,  among  others,  contained  the 
[imous  State  Trials,  in  the  large  rolios  of  that  time,  and  here  he  got  a  foundation  of 
kitish  history,  in  reading  the  treason,  and  other  trials,  with  which  these  volumes  abound  < 
Ihe  was  alsc  a  pious  and  religious  woman,  cultivating  the  moral  and  religious  education 
'  her  children,  and  connected  all  her  life  with  the  Christian  church ;  Jirat,  as  a  member 
the  English  Episcopalian,  and  when  removal  to  the  Great  West,  then  in  the  wilder- 
ess,  had  broken  that  connection,  then  in  the  Methodist  Episcopalian — in  which  she  died. 
Ill  the  minor  virtues,  as  well  as  the  greater,  were  cherished  by  her ;  and  her  house,  the 
psort  of  the  eminent  men  of  the  time,  was  the  abode  of  temperance,  modesty,  decorum, 
pack  of  cards  was  never  seen  in  her  bouse.     From  such  a  mother  all  t|eJp.im()t^q^X 


It 


AUTO.niOORAPIIlCAL  SKETCIT. 


received  tho  impress  of  future  character;  and  she  lived  to  sco  the  fruits  of  her  pious  and 
liberal  carca — living  a  widow  above  fifty  yean*,  and  to  see  licr  eldest  son  half  through  hit 
senatorial  career,  and  taking  his  place  among  tho  historic  men  of  tho  country  for  wfaicii 
she  had  begun  ho  early  to  train  him.  These  details  deserve  to  bo  noted,  though  small  in 
tiicmBclvcfl,  an  showing  how  much  tho  after  life  of  tho  man  may  depend  upon  the  caily 
carcH  and  guidance  of  a  mother. 

His  scholastic  education  was  imperfect :  ^first,  at  a  grammar  school  taught  by  Richard 
Stanford,  Esq.,  then  a  young  New  England  emigrant,  soon  after,  and  for  many  years,  and 
until  death,  a  representative  in  Congress,  noted  as  tho  life-long  friend  of  Macon  and  Ran- 
dolph.    Afterwards  ho  was  at  Chapel  Hill,  tho  University  of  North  Carolina,  but  finished 
no  course  of  study  there,  his  mother  removing  to  Tennessee,  where  his  father  had  ac< 
quired  great  landed  property  (40,000  acres),  and  intended  to  make  Naahvillo  his  home 
and  now,  as  tho  eldest  of  tho  family,  though  not  grown,  the  caro  and  management  of  al 
new  settlement,  in  a  new  country,  fell  upon  him.     Tho  family  went  upon  a  choice  trad 
of  8000  acres,  on  West  Harpeth,  twenty-fivo  miles  south  of  Nashville,  where  for  several 
years  tlio  main  care  was  the  opening  a  farm  in  tho  wilderness.     Wilderness !  for  suci 
was  tho  stato  of  the  country  at  that  time  within  half  a  day's  ride  of  tho  city  of  NaahvillcJ 
"  Tho  widow  Benton's  settlement "  was  the  outside  settlement  between  civilication  ani 
the  powerful  southern  tribes  which  spread  to  tho  Gulf  of  Mexico.     The  Indian  wars  hu 
just  been  terminated,  and  the  boundary  which  these  great  tribes  were  enabled  to  ezacj 
brought  their  frontier  almost  to  the  gates  of  Nusbville— within  25  miles  I  for  the  lini 
actually  touched  the  outside  line  of  the  estate.     The  Indians  swarmed  about  it.     Theii 
groat  war  trace  (the  trace  on  which  they  camo  for  blood  and  plunder  in  time  of  war,  fol 
trade  in  time  of  peace)  led  through  it.     Such  a  position  was  not  to  be  maintained  by 
small  family  alone — a  widow,  and  every  child  under  age,  only  some  twenty  odd  slavei 
It  required  strength  !  and  found  it  in  the  idea  of  a  little  colony — leases  to  settlers  witl 
out  price,  for  seven  years ;  moderate  rents  afterwards.     The  tract  was  well  formed  fc 
the  purpose,  being  four  miles  square,  with  every  attraction  for  settlement — rich  lani 
fine  wood,  living  streams.    Settlers  came ;  tho  ground  was  covered  over :  it  was  call( 
"  Benton  Town,"  and  retains  the  name  to  this  day.     A  rude  log  school-house,  a  meetii 
bouse  of  the  same  primitive  structure,  with  roads  and  mills,  completed  the  rapid  convei 
sion  of  this  wilderness  into  an  abode  of  civilization.     The  seholastio  education  of  her  s( 
had  ceased,  but  reading  continued ;  and  books  of  solid  instruction  became  his  inoesi 
companions.     He  has  been  heard  to  say  that,  in  no  period  of  his  life,  has  he  ever  read 
much,  nor  with  as  much  system  and  regularity,  nor  with  the  same  profit  and  deligl 
History  and  geography  was  (what  he  conrldered)  hia  light  reading;  national  law,  t) 
civil  law,  the  common  law — and,  finally,  the  law  itself,  as  usually  read  by  law  studenti 
constituted  his  studies.    And  all  this  reading,  and  study,  was  carried  on  during  the  actii 
personal  exertions  which  he  gave  to  the  opening  of  the  farm  and  to  the  amelioratioi 
upon  it  which  comfort  exacted. 

Then  came  tho  law  license,  indulgently  granted  by  the  three  Superior  Court  Judj 
— White,  Overton,  and  Campbell — the  former  afterwards  senator  in  Congress,  Overl 
ia  eminent  lawyer  before  ho  was  a  Superior  Court  judge,  and  Campbell,  one  of 


ice;  and  desiring 
'k  of  the  Missii 


AUTOBIOORAnilCAl    SKETtll. 


1«« 
it 


r  pious  »D<] 
through  hit  I 
y  for  wbicli| 
igh  small  iul 
on  the  call;) 

i  by  Richard 
ly  year«,  and 
!on  and  Ran- 


rcsp«otabl«  early  scttlem  and  lawyers  of  the  State.     The  law  liccnMO  signed,  practic» 
oUowed,   and   successful — Gen.    Jackson,  Gon.    James    Rubertsun,    Judge    McNairy, 
ijlajor  Thomas  Hardeman,  and  the  old  heads  of  the  population  giving  him  tliuir  support 
ud  oountaoance  as  a  young  man  that  might  become  useful  to  the  State,  and  so  deserved 
o  be  encouraged.     Scarcely  at  the  bar,  and  a  legislative  career  was  opened  to  him.     Ho 
as  elected  to  the  General  Assembly  of  the  State;  and,  though  serving  but  for  a  single 
ission,  left  the  impress  of  his  mind  and  principles  on  the  statute  book,  and  on  the 
•ublio  policy.     Ho  was  the  author  of  tho  Judicial  Reform  Act,  by  which  the  old  system 
f  Superior  Courts  was  substituted  by  the  circuit  system,  in  which  tho  adminintration 
,  but  finishcdKf  justice  was  relieved  of  great  part  of  its  delay,  of  its  expense,  and  of  much  of  its  incon- 
ithcr  had  ac-^enienoe  to  parties  and  witnesses.     And  ho  was  the  author  of  a  humane  law,  giving  to 
laves  tho  same  full  benefit  of  jury  trial  which  was  tho  right  of  tho  white  man  under  the 
,me  accusation — a  law  which  still  remains  on  tho  statute  book,  but  has  lost  its  cfi'oct 
nder  the  fatal  outside  interference  which  has  checked  the  progress  of  Southern  slave 
olicy  amelioration,  and  turned  back  the  current  which  was  sotting  so  strongly  in  favor 
f  mitigating  the  condition  of  the  slave. 

Returning  to  the  practice  of  the  law,  the  war  of  1812  broko  out.     Volunteers  were 
Ucd  for,  to  descend  the  rivers  to  New  Orleans,  to  meet  the  British,  expected  there  in  the 
inter  of  1812-'13,  but  not  coming  until  the  winter  of  1814-'15.     Three  thousand  volun- 
ers  were  raised !  raised  in  a  flash  1  under  the  prestige  of  Jackson's  name — his  patriotic 
iroolamation — and  the  ardent  addresses  of  Benton,  flying  from  muster  ground  to  muster 
ound,  and  stimulating  the  inherent  courage  and  patriotism  of  the  young  men.     They 
ere  formed  into  three  regiments,  of  which  Benton  was  colonel  of  one.     He  had  been 
pointed  aide-de-camp  to  Jackson  (then  a  major-general  in  the  Tennessee  militia),  on 
e  first  symptoms  of  war  with  Great  Britain,  and  continued  to  perform  many  of  tho 
est  intimate  duties  of  that  station,  though,  as  colonel  of  a  regiment,  he  could  not  hold 
e  place.    The  force  descended  to  the  Lower  Mississippi :  the  British  did  not  come ; 
e  volunteers  returned  to  Tennessee,  were  temporarily  disbanded,  but  called  again  into 
rvice  by  Gen.  Jackson  at  the  breaking  out  of  the  Creek  war.      These  volunteers 
lere  the  foundation  of  all  Jackson's  subsequent  splendid  career ;  and  the  way  in  which, 
rough  their  means,  he  was  enabled  to  get  into  the  regular  army,  is  a  most  curious 
lece  of  history,  not  told  anywhere  but  by  Col.  Benton,  as  a  member  of  the  House  of 
lepresentatives,  on  the  presentation  of  Jackson's  sword  (Feb.  26th,  1855).     That  piece 
unknown  history,  which  could  only  come  from  one  who  was  part  and  parcel  of  the 
nsaction,  deserves  to  be  known,  and  to  be  studied  by  every  one  who  is  charged  with 
tional  law,  tile  administration  of  government,  and  by  every  one  who  would  see  with  what  difficulties 
law  studentef  nius  and  patriotism  may  have  to  contend — with  what  chances  they  may  have  to  wrestlo 
before  they  get  an  opportunity  to  fulfil  a  destiny  for  which  they  were  born. 
The  volunteers  disbanded,  Col.  Benton  proceeded  to  Washington,  and  was  appointed 
Mr.  Madison  a  lieutenant-colonel  of  infantry  in  the  army  (1813) ;  and  afterwards 
14-15)  proceeding  to  Canada,  where  he  bad  obtained  service,  he  met  the  news  of 
ce;  and  desiring  no  service  in  time  of  peace,  he  was  within  a  few  months  on  the  west 
ik  of  the  Mississippi,  St.  Louis  his  home,  and  the  profession  of  the  law  ardently 


bring  the  actil 
amelioratiol 

Court  Judg 
pgress,  Overti 
bell,  one  of 


iv 


AI'TO-RIOORAPHICAL  RKCTriT. 


r«c(inim<nccd.     In  four  ycari  tho  SUto  of  Miuoari  wh  admitted  into  the  Union,  and 
Cul.  Ik'Dton  wan  clortod  ono  of  her  flrit  lenttorii ;  and,  continnouily  by  lUoceMtTe  dec- 
tiotiH,  until  1851.     From  that  tiuio  hid  life  was  in  the  public  ojre,  and  the  bare  enumera- 
tion of  tho  nicoNurcN  of  which  ho  wai  the  author,  and  tho  prime  promoter,  would  bci 
iilmoMt  a  hifttory  of  CongrcM  legislation.     Tho  enumeration  is  unnecessary  here:  the 
long  liMt  is  known  throughout  tho  length  and  breadth  of  tho  land — repeated  with  the 
familiarity  of  household  words  from  the  groat  cities  on  tho  seaboard  to  tho  lonely  oabinn 
on  tho  frontier — and  studied  by  the  little  boys  who  feel  an  honorable  ambil    ;  beginning  I 
to  stir  within  their  bosoms,  ond  a  laudable  desire  to  learn  something  of  the  Mstory  of  [ 
their  country. 

Omitting  this  detail  of  well-known  measures,  wo  proceed  to  something  else  ohnrac' 
tcristio  of  Senator  IJonton's  legislative  life,  loss  known,  but  necessary  to  bo  known  to  I 
know  tho  man.     Ho  never  had  a  clerk,  nor  oven  a  copyist ;  but  did  bis  own  writing,  and! 
made  his  own  copies.     He  never  bad  office,  or  contract,  for  himself,  or  any  one  of  his 
blood.     Ho  detested  office  seeking,  and  office  hunting,  and  all  changes  in  politics  followt>jl 
by  demand  for  office.     He  was  never  in  any  Congress  caucus,  or  convention  to  nominate  I 
a  President  or  Vico-Presidont,  nor  oven  suffered  his  namo  to  go  before  saoh  a  body  for| 
any  such  nominations.     Ho  refused  many  offices  which  were  pressed  upon  him — the  mis- 
sion to  Russia,  by  President  Jackson ;  war  minister,  by  Mr.  Van  Buren ;  minister  tol 
Franco,  by  Mr.  Polk.     Three  appointments  were  intended  for  him,  which  he  would  havel 
accepted  if  the  occasions  had  occurred — command  of  the  army  by  Ooneral  Jackson,  ii 
war  took  place  with  Mexico  during  his  administration ;  the  same  command  by  the  samol 
President,  if  war  had  taken  place  with  France,  in  1836 ;  the  command  of  the  army  inl 
Mexico,  by  President  Polk,  with  the  rank  of  lieutenant-general,  if  the  bill  for  the  rankl 
had  not  been  defeated  in  the  Senate  after  having  passed  the  House  by  a  general  voteT 
And  none  of  these  military  appointments  could  have  wounded  professional  honor,  as  Go1.| 
Benton,  at  the  timo  of  his  retiring  from  the  army,  ranked  all  those  who  have  sincel 
reached  its  head.  •      ,  ,     » 

Politically,  Col.  Benton  always  classed  democratically,  but  with  very  little  regard 
for  modern  democracy,  founded  on  the  platforms  which  the  little  political  carpenters  re-j 
construct  about  every  four  years,  generally  out  of  offioo-timber,  sometimes  gre<in  and 
sometimes  rotten,  and  in  either  caso  equally  good,  as  the  platform  was  only  wanted  to  laslj 
until  after  the  election.  He  admitted  no  platform  of  political  principles  but  the  oonsti-l 
tution,  and  viewed  as  impertinent  and  mischievous  the  attempt  to  expound  the  constitu-l 
tion,  periodically,  in  a  set  of  hurrah  resolutions,  juggled  through  the  fag-^nd  of  a  packed 
convention,  and  held  to  be  the  only  test  of  political  salvation  during  its  brief  day  ofl 
supremacy. 

His  going  to  Missouri,  then  a  Territory  under  the  pupillage  of  Congress,  was  at  i 
period  of  great  interest  both  for  the  Territory  and  the  Union.  Violent  parties  wer 
there,  as  usual  in  Territories,  and  great  questions  coming  on  upon  which  the  future  hit 
of  the  State,  and  perhaps  of  the  Union,  depended.  The  Missouri  controversy  soon  rageij 
in  Congress,  throughout  the  States,  and  into  the  Territory.  An  active  restriction  parti 
was  in  the  Territory,  largely  reinforced  by  outside  aid,  and  a  decided  paper  was  wantioJ 


AUTOBIOGRAPHICAL  BKITCli. 


to  give  the  proper  ton*  to  the  pablie  mind.  Col.  Denton  had  one  ict  up,  and  wrote  for  it 
with  raoh  point  and  Tigor  that  the  Territory  aoon  prcaented  a  united  front,  and  when 
the  eonrention  election  came  round  there  waa  but  one  ainglo  delegate  elected  on  the 
lide  of  reatriotion.  Thii  united  front  had  an  tmnieniie  effect  in  Mvin;  the  cjuettioD  in 
CoDgresa. 

Ueiideii  hie  logiHlatiro  rcportx,  bills  and  ipooohcfl,  Ruffioient  to  fill  many  volumci,  Cnl. 
Bontun  ia  known  aa  tlio  author  of  lome  literary  worka — the  Thirty  Years'  View  of  the 
inside  working  of  the  Federal  OoTernmont ;  the  Abridgment  of  Debates  of  Congress 
from  1780  to  (intended)  1856;  and  an  examination  of  the  political  part  (ns  ho  deemed 
it)  of  the  Supreme  Court's  decision  in  the  Drod  Scott  caw,  that  part  of  it  which  pro 
iiounced  the  abrogation  of  the  Missouri  Compromise  line  and  tlio  self-extension  of  the 
Constitution  to  Territories  carrying  African  slavery  along  with  it,  and  keeping  it  there 
in  defiance  of  Congress  or  the  people  '>f  the  Territory.  Thero  was  also  a  class  of  speeches, 
of  which  he  delivered  many,  which  wore  out  of  the  lino  of  political  or  legislativo  discus- 
sion ;  and  may  bo  viewed  as  literary.  They  woro  the  funeral  oulogiums  which  the  cus- 
tom of  Congress  began  to  admit,  though  not  to  tho  degree  at  present  practised,  over 
deceased  members.  These  eulogiuma  were  universally  admired,  and  were  road  over 
£urope,  and  found  their  charm  in  the  pereeption  of  eharacter  which  iheij  exhihU$d  ;  in 
the  perception  of  the  qualities  which  constituted  the  man,  and  gave  him  identity  and 
individuality.  These  qualities,  thus  perceived  (and  it  requires  intimate  acquaintance 
with  the  man,  and  some  natural  gift,  to  make  the  perception),  and  presented  with  truth 
and  simplicity,  imparted  the  interest  to  these  culogiums  which  survives  many  readings, 
and  will  claim  lasting  places  in  biographies. 

While  in  the  early  part  of  life,  at  Nashville  and  at  St.  Louis,  duels  and  affrays  wero 
common ;  and  tho  young  Benton  had  his  share  of  them  :  a  very  violent  affray  between 
himself  and  brother  on  one  side,  and  Genl.  Jackson  and  some  friends  on  the  other,  in 
which  severe  pistol  and  dagger  wounds  were  given,  but  fortunately  without  loss  of  life ; 
and  the  only  use  for  which  that  violent  collision  now  finds  a  reference  is  in  its  total  ob- 
livion by  tho  parlies,  and  the  cordiality  with  which  they  acted  together  for  the  public 
good  in  their  subsequent  long  and  intimate  publio  career.  A  duel  at  St.  Louis  ended 
fatally,  of  which  Col.  Benton  has  not  been  heard  to  speak  except  among  intimate  friends, 
and  to  tell  of  the  pang  which  went  through  his  heart  when  he  saw  the  young  man  fall, 
and  would  have  given  the  world  to  see  him  restored  to  life.  As  the  proof  of  the  manner 
in  which  he  looks  upon  all  these  scenes,  and  his  desire  to  bury  all  remembrance  of  them 
forever,  he  has  had  all  the  papers  burnt  which  relate  to  them,  that  no  future  curiosity  or 
industry  should  bring  to  light  what  he  wishes  had  never  happened. 

Col.  Benton  was  married,  after  becoming  Senator,  to  Elizabeth,  daughter  of  Col 
I  James  McDowell,  of  Rockbridge  county,  Virginia,  and  of  Sarah  his  wife,  born  Sarah 
I  Preston ;  and  has  surviving  issue  four  daughters :  Mrs.  William  Carey  Jones,  Mrs.  Jessie 
I  Ann  Benton  Fremont,  Mrs.  Sarah  Benton  Jacob,  and  Madame  Susan  Benton  Boilleau,now 
lat  Calcutta,  wife  of  the  French  consul  general — all  respectable  in  life  and  worthy  of  their 
I  mother,  who  was  a  woman  of  singular  merit,  judgment,  elevation  of  character,  and  regard 


vl 


AUTO.B10GRAPHICAL  SKETCH. 


>l: 


for  every  social  duty,  crowned  by  a  life-long  connection  with  the  chorch  in  which  she 
was  bred,  the  Proabytcrian  old  school.  Foliuwing  fhe  example  of  their  mother,  all  the 
daughters  are  members  of  some  church.  Mrs.  Benton  died  in  1854,  baring  been  struck 
with  paralysis  in  1844,  and  fiom  the  time  of  that  calamity  her  husband  was  never  known 
to  go  to  any  place  of  festivity  or  amusement. 


il 


Justice  to  th 

gaged,  is  my  c 

'    '?  '  '  ■■ 

the  hope  of  b< 

'         -"^  ^  ■'!^'V    ■ 

showing  its  wo 

■-    -v.\. 

time,  and  then 

.!     u- 

to  come,  if  ma 

-  -' 

patriotic  men 

♦        '■'■  '■■*■ 

is  another  mol 

in  the  speeche 

... 

House  of  Lordj 

memory  at  the 

.\;  ,  _._^  ^^ 

remained  there 

;     .-#»*■'♦ 

mitted  us  from 

.'^  i!l   i,:sr- 

dom,  you  canno 

.  :  :  ;  ..;.--fe 

myself,  I  must 

^•:  >;W-3::rv 

it  has  been  my  ] 

.    ,,      .*yk:.. 

admired  the  ma 

.-.    ->         *            -'.-.''j^'i. 

•agacity,  and  wi 

cumstances,  no 

PREFACE 


1.— MOTIVES  FOR  WRITING  THIS  WORK. 


I  Justice  to  the  men  with  whom  I  acted,  and  to  the  cause  in  which  we  were  en- 
gaged,  is  my  chief  motive  for  engaging  in  this  work.  A  secondary  motive  is 
the  hope  of  being  useful  to  our  republican  foim  of  government  in  after  ages  by 
I  showing  its  working  through  a  long  and  eventful  period  ;  working  well  all  the 
time,  and  thereby  justifying  the  hope  of  its  permanent  good  operation  in  all  time 
to  come,  if  maintained  in  its  purity  and  integrity.  Justice  to  the  wise  and 
patriotic  men  who  established  our  independence,  and  founded  this  government, 
is  another  motive  with  me.  I  do  not  know  how  young  I  was  when  I  first  read 
in  the  speeches  of  Lord  Chatham,  the  encomium  which  he  pronoimced  in  the 
{House  of  Lords  on  these  founders  of  our  republic  ;  but  it  sunk  deep  into  my 
[memory  at  the  time,  and,  what  is  more,  went  deep  into  the  heart :  and  has 
I  remained  there  ever  since.  "When  your  lordships  look  at  the  papers  trans- 
Imitted  us  from  America ;  when  you  consider  their  decency,  firmness,  and  wis- 
idom,  you  cannot  but  respect  their  cause,  and  wish  to  make  it  your  own.  For 
Imyself,  I  must  declare  and  avow,  that  in  all  my  reading  and  observation — and 
lit  has  been  my  favorite  study — I  have  read  Thucydides,  and  have  studied  and 
ladmired  the  master  states  of  the  world— that  for  solidity  of  reasoning,  force  of 
[sagacity,  and  wisdom  of  conclusion,  under  such  a  complication  of  difficult  cir^ 
Icumstances,  no  nation,  or  body  of  men,  can  stand  in  preference  to  the  general 


IV 


PREFACE. 


congress  at  Fhiladelphia."    This  encomium,  so  just  and  so  grand,  so  grave  and 
80  measured,  and  the  more  impressive  on  account  of  its  gravity  and  measure,  was 
pronounced  in  the  early  part  of  our  revolutionary  struggle — in  its  first  stage — 
and  before  a  long  succession  of  crowning  events  had  como  to  convert  it  into  his- 
tory, and  to  show  of  how  much  more  those  men  were  capable  than  they  had 
then  done.     If  the  great  William  Pitt — greater  under  that  name  than  under 
the  title  ho  so  long  refused — ^had  lived  in  this  day,  had  lived  to  see  these 
men  making  themselves  exceptions  to  the  maxim  of  the  world,  and  finishing 
the  revolution  which  they  began — seen  them  found  a  new  government  and 
adminbter  it  in  their  day  and  generation,  and  until  "  gathered  to  their  fathers," 
and  all  with  the  same  wisdom,  justice,  moderation,  and  decorum,  with  which 
they  began  it :  if  he  had  lived  to  have  seen  all  this,  even  his  lofty  genius  might 
have  recoiled  from  the  task  of  doing  them  justice  ; — and,  I  may  add,  from  the 
task  of  doing  justice  to  the  People  who  sustained  such  men.    Eulogy  is  not  my 
task ;  but  gratitude  and  veneration  is  the  debt  of  my  birth  and  inheritance,  and 
of  the  benefits  which  I  have  enjoyed  from  their  labors ;  and  I  have  proposed 
to  acknowledge  this  debt — to  discharge  it  is  impossible — in  laboring  to  preserve 
their  work  during  my  day,  and  in  now  commending  it,  by  the  fruits  it  has 
borne,  to  the  love  and  care  of  posterity.     Another  motive,  hardly  entitled  to 
the  dignity  of  being  named,  has  its  weight  with  me,  and  belongs  to  the  rights 
of  "  self-defence."    I  have  made  a  great  many  speeches,  and  have  an  apprehen- 
sion that  they  may  be  published  after  I  am  gone — published  in  the  gross, 
without  due  discrimination — and  so  preserve,  or  perpetuate,  things  said,  both 
of  men  and  of  measures,  which  I  no  longer  approve,  and  would  wish  to  leave  to 
oblivion.     By  making  selections  of  suitable  parts  of  these  speeches,  and  weaving 
them  into  this  work,  I  may  hope  to  prevent  a  general  publication— or  to  render 
it  harmless  if  made.     But  I  do  not  condemn  all  that  I  leave  out. 


2.— QUALIFICATIONS  FOR  THE  WORK. 

Of  these  I  ha"M  one,  admitted  by  all  to  be  considerable,  but  by  no  means 
enough  of  itself.  Mr.  Macaulay  says  of  Fox  and  Mackintosh,  speaking  of  their 
histories  of  the  last  of  the  Stuarts,. and  of  the  Revolution  of  1688 :  "They 
had  one  eminent  qualification  for  writing  history;  they  had  spoken  history; 
acted  history,  lived  history.  The  turns  of  political  fortune,  the  ebb  and  flow  of 
popular  feeling,  the  hidden  mechanism  by  which  parties  are  moved,  all  theso 
things  were  the  subject  of  their  constant  thought,  and  of  their  most  familiar 
conversation.     Gibbon  has  remarked,  that  his  history  is  much  the  better  for  hia 


PREFACE. 


rave  aud 
lure,  was 
stage — 
into  his- 
they  had 
m  under 
lee  these 
finishmg 
aent  and 
fathers," 
ith  which 
ius  might 
,  from  the 
is  not  my 
tance,  and 
I  proposed 
io  preserve 
lits  it  has 
jntitled  to 
the  rights 
apprehen- 
the  gross, 
said,  both 
;o  leave  to 
id  weaving 
to  render 


ha\'ing  boon  nn  officor  in  tho  •    'itia,  and  a  mcmbor  of  the  House  of  Commons. 
The  remark  is  most  just.     V      'lave  not  the  smallest  doubt  that  his  campaigns, 
though  he  never  saw  an  enemy,  and  hia  parliamentary  attendance,  though  he 
never  made  a  speech,  were  of  far  more  use  to  him  than  years  of  retirement  and 
study  would  have  been.     If  the  time  that  he  spent  on  parade  and  at  mess  in 
Hampshire,  or  on  the  Treasury  bench  and  at  Brooke's,  during  the  storms  which 
overthrew  Lord  North  and  Lord  Shelbume,  had  been  passed  in  the  Bodleian 
Library,  he  might  have  avoided  some  inaccuracies  ;  he  might  have  enriched  his 
notes  with  a  greater  number  of  references  ;  but  he  never  could  have  produced  so 
lively  a  picture  of  the  court,  the  camp,  and  the  senate-house.     In  this  respect 
Mr.  Fox  and  Sir  James  Mackintosh  had  great  advantages  over  almost  every 
English  historian  since  the  time  of  Burnet." — I  can  say  I  have  these  advantages. 
I  was  in  the  Senate  the  whole  time  of  which  I  write — an  active  business  mem- 
ber, attending  and  attentive — in  the  confidence  of  half  the  administrations, 
and  a  close  observer  of  the  others — ^had  an  inside  view  of  transactions  of  which 
the  public  only  saw  the  outside,  and  of  many  of  which  the  two  sides  were  very 
different — saw  the  secret  springs  and  hidden  machinery  by  which  men  and 
parties  were  to  be  moved,  and  measures  promoted  or  thwarted — saw  patriotism 
and  ambition  at  their  respective  labors,  and  was  generally  able  to  discriminate 
between  them.     So  far,  I  have  one  qualification  ;  but  Mr.  Macaulay  says  that 
Lord  Lyttleton  had  the  same,  aud  made  but  a  poor  history,  because  unable  to 
use  his  material.     So  it  may  be  with  me ;  but  in  addition  to  my  senatorial 
means  of  knowledge,  I  have  access  to  the  unpublished  papers  of  General  Jack- 
son, and  find  among  them  some  that  he  intended  for  publication,  and  which  will 
be  used  according  to  his  intention. 


3.— THE  SCOPE  OF  THE  WORK. 


no  means 
ig  of  their 
"They 
\n  historyJ 
id  flow  of 
all  thesdl 
kt  familiar 
Iter  for  hui 


I  do  not  propose  a  regular  history,  but  a  political  work,  to  show  the  practical 
working  of  the  government,  and  speak  of  men  and  events  in  subordination  to 
that  design,  and  to  illustrate  the  character  of  Institutions  which  are  new  and 
complex — the  first  of  their  kind,  and  upon  the  fate  of  which  the  eyes  of  the 
world  are  now  fixed.  Our  duplicate  form  of  government.  State  and  Federal, 
is  a  novelty  which  has  no  precedent,  and  has  found  no  practical  imitation,  and 
is  still  believed  by  some  to  be  an  experiment.  I  believe  in  its  excellence,  and 
wish  to  contribute  to  its  permanence,  and  believe  I  can  do  so  by  giving  a  faith- 
ful account  of  what  I  have  seen  of  its  working,  and  of  the  trials  to  which  I 
have  seen  it  subjected. 


1 


PREFACR 


■ » 


4— THE  SPIRIT  OF  THE  WORK. 

I  write  iu  the  spirit  of  Truth,  but  not  of  unnecessary  or  irrelevant  truth, 
only  giving  that  which  is  essential  to  the  object  of  the  work,  and  the  omission  of 
which  would  be  an  imperfection,  and  a  subtraction  from  what  ought  to  be  known. 
I  have  no  animosities,  and  shall  find  far  greater  pleasure  in  bringing  out  the  good 
and  the  great  acts  of  those  with  whom  I  have  differed,  than  in  noting  the  points 
on  which  I  deemed  them  wrong.  My  ambition  is  to  make  a  veracious  work, 
reliable  in  its  statements,  candid  in  its  conclusions,  just  in  its  views,  and  which 
cotemporaries  and  posterity  may  read  without  fear  of  being  misled. 


i 


PaauxiWABT  Vii 

CBAP. 

I.    Person 
IL    Admlsj 

III.  Flnanci 

IV.  Belief  0 
V.    Oregon 

VL    Florida 

VIL    Death  < 

VIIL    Death  0 

IX    Abolltio 

r.    Internal 

XL    OeneiBl 

Xa    Visit  of 

XIIL    TheTarl 

XIV.    The  A.  I 

XV.    Amendn 

to  the: 

Rldent 

XVL    Internal  1 

XVII.    President 

in  the : 

XVIIL    Death  of. 

XIX  Presidenti 

oentatiT 

XX  The  Oconp 
XXL    Commence 

tion     . 

XXIL    Case  of  Mr, 

Appoint 

XXHL    Betlringof 

XXIV.    Bemoval  of 

XXV.    TbePanam 

XXVL    Duel  Betwe 

XXVIL    Death  of  Ml 

I  XXVIII.   Amendment 

totbeEle 

•ident  . 


CONTENTS  OF  VOLUME  I. 


PAOI. 

PaauKiKABT  ViBW  from  1815  to  1820    ....       1 

W^  ' • 

CBAP. 

XXIX. 

CHAP. 

L 
IL 

Penonal  Aspect  of  the  Oovtrnment 
Admission  of  the  State  of  MlMoorl      . 

T 
8 

XXX. 
XXXL 

III. 
IV. 

Belief  of  Poblio  Land  Debtors   , 

11 
11 

XXXIL 
XXXIIL 

V. 
VL 
VIL 

Oregon  Territory 

Florida  Treaty  and  Cession  of  Teiifl 
Death  of  Mr.  Lowndes 

18 
14 

18 

XXXIV. 
XXXV. 

VIIL 
IX. 

r. 

XL 

Death  of  William  PlDkney 
Abolition  of  the  Indian  Factory  System      . 
Internal  Improvement       .... 
General  Bemoval  of  Indians . 

19 
90 
21 
2T 

XXXVL 

XIL 

Visit  of  Lafayette  to  the  United  States    . 

29 

XXXVIL 

XIIL 
XIV. 

The  Tariff;  and  American  System 

The  A.  B.  Plot 

82 
84 

XXXVIIL 

XV. 

Amendment  of  the  Constltntlon,  in  relation 
to  the  Election  of  President  and  Vice-Pre- 
sident   

87 

XXXIX. 
XL. 

XVL 

Internal  Trade  with  New  Mexico      . 

41 

XLL 

XVIL 
XVIIL 

Presidential  and  Vice-Presidential  Elections 
in  the  Electoral  Colleges   .... 

Death  of  John  Taylor,  of  Caroline    . 

44 

45 

XLIL 

XIX. 
XX. 

Presidential  Election  In  the  House  of  Repre- 
sentatives    

The  Oocapation  of  the  Colombia 

46 
60 

XLIU. 
XLIV. 

XXL 

Commencement  of  Mr.  Adams's  Adminlstra* 
tion 

54 

XXIL 

XXIIL 
XXIV. 

Case  of  Mr.  Lanman— Temporary  Senatorial 

Appointment  ftrom  Connecticut    . 
Betiring  of  Mr.  Bnttas  King  .... 
Bemoval  of  the  Creek  Indians  firom  Georgia 

66 
6T 
58 

XLV. 

XXV. 

The  Panama  Mission         .... 

65 

XLVI. 

XXVL 
XXVIL 

Duel  Between  Mr.  Clay  and  Mr.  Kandolph  . 
Death  of  Mr.  Oaillard         .... 

70 
77 

XLVIL 

XXVIIL 

Amendment  of  the  Constitntlon,  In  relation 
to  the  Election  of  President  and  Vioe-Pro- 
tldMit  ...;.... 

78 

XLVIIL 

raoK 
Reduction  of  Executive  Patronage       .  66 

Exclusion  of  Members  of  Congress  from 

Civil  Oflfce  Appointments       ...       82 
Death  of  the  ex-Prertdents,  John  Adams 

and  Thomas  Jefferson  ....  67 

British  Indemnity  tat  Deported  Slaves     .       S3 
Meeting  of  the  first  Congress  Elected  under 
the  Administration  of  Mr.  Adams      .  81 

Revision  of  the  Tariff 98 

The  Public  Lands— Their  Pmper  Dispo- 
sition—.Graduated  Prices— Pre-emption 
Bights— Donations  to  Settlers     .       .        102 
Ceeslon  of  a  Part  of  the  Territory  of  Ar- 
■lansas  to  the  Cherokee  Indians      .       .     107 

Benewal  of  the  Oregon  Joint  Occupation 
Convention 109 

Presidential  Election  of  1628,  and  Further 
Erron  of  Mons.  de  Tocquovlite  .       .         Ill 

Betlringand  Death  of  BIr.  Macon      .       .     114 

Commencement  of  General  Jacluon's  Ad- 
ministratlcn 119 

First  Message  of  General  Jackson  to  the 
two  Houses  of  Congress  .       .       .       .     121 

The  recovery  of  the  Direct  Trade  with  the 
British  West  India  Islands  ...        124 

Establlsbment  of  the  0M)»  New!<paper  .  128 
Limitation  of  Pnblio  Land  Sales— Suspen- 
sion of  Surveys- Abolition  of  the  Ofllc« 
of  Surveyor  General— -Origin  of  the 
United  States  Land  System— Author- 
ship of  the  Anti-slavery  Ordinance  of 
1778— Slavery  Controversy— Protective 
Tariff— Inception  of  the  Doctrine  of  nul- 
lification         180 

Bepealof  theSatTax       ....     143 
Birthday  of  Mr.  Jefferron,  and  tlie  Doc- 
trine oi  ifulllflcaUon   ....         148 
Regulation  of  Commerce   ....     149 
Alum  Salt— The  Abolition  of  the  Dnty 
upon  it,  and  Bopeal  of  the  Fishing  Boun- 
ty and  Allowances  Founded  on  It      .        154 


vili 


CONTENTS  OP  VOL   I. 


ai4P.  PAOC 

XUX.    Bank  of  tb*  United  SutM     .       .       .  IM 

U    R«mov*l>  from  Office   ....  1S9 

hi.    Iniiiar.  BovorelKntiM  wftbin  the  Bute*  .  168 

Lll.    Vo<oon  tlieMtjrsrllleKoMlBill.       .  lOT 

LIII.    Rupture  between  Pmlilent  Jackaon  and 

VIce-Preeldcnt  Calhoun      .       .        .  16T 
LtV.    Breaking  np  of  the  Cabinet,  and  Appoint- 
ment of  another    ISO 

LV.    Mllltory  Academy        ....         188 
LVL    Bunk  oftlie  nnlle<l  States— Non-renewal 

of  Charter 1ST 

LVIL    Krrnr  of  De  Tocquevllle,  In  relation  to  the 

IIiiuM  of  Koprctentatlven  .       .       ■       208 

LVIII.    The  Twenty-second  Confess .       .       .     20S 
LIX.    Kcjectinn  of  Mr.  Van  Buren,  Minister  tu 

Kiigland 214 

hX.    Bank  of  the  Cnltetl  SUtea— Illegal,  and 

Vicious  Currency 220 

LS.1,    Error  of  Mnns.  do  Tocqnovlllo,  In  relation 
to  tlio  Bank  of  the  United  States,  the 
Tresldent,  and  the  People        .       .         224 
LXIt.    Expenses  of  the  Oorcrnment .       .       .229 
LXIIL    Bank  of  the  United  States  -Rechartei^ 

Commencement  of  the  Proceedings  233 

LXIV.    Bank  of  the  United  States— Committee 

of  Investigation  Ordered     ,       ,       .     235 
LXV.    The  Three  per  Cent  Debt,  and  Loss  In 
not  Paying  It  when  the  Bote  was  Low, 
and  the  Money  In  the  Bank  of  the 
United  States  without  Interest        .        249 

LXVI.   Bank  of  the  United  States-Bill  for  the 
Kocharter  Reported  in  the  Senate,  and 

Passed  that  Body 848 

LXVIL  Bank  of  the  United  SUtes-Blll  for  the 
Renewed  Charter  Passed  In  the  IIouso 
of  Representatives    .       .       .       ,        250 

LXVIII.    The  Veto 261 

LXtX.    The  Protective  System       ...        265 
L  vX.    Public  Lands— Distribution  to  the  Stetes     2T5 
LX  XL    Settlement  of  French  and  Spaulsh  Land 

Claims 2T9 

LXXIL    "Effects  of  the  Veto"     ....  280 
LXXIII.    Presidential  Election  of  1882       .       .  289 
LXXIV.    First  Annual  Message  of  President  Jack- 
son, after  his  Second  Election      .       .  2S8 

LXXV.    Bank  of  The  United  SUtea— Dehty  in 
Paying  the  Three  per  Cents.— Com- 
mittee of  Investigation    .       .       .        28T 
LXXVL    Abolition  of  Imprisonment  for  Debt     .     291 
LXXVn.    Sale  of  United  SUtes  Stock  in  the  Na- 
tional Bank 894 

LXXVIIL    Nullification  Ordinance  in  Sonth  Caro- 
lina         29T 

LXXIX.    Proclamation  against  Nalllfleation     .        299 
LXXX.    Message  on  the  South  Carolina  Proceed- 
ings        808 

LXXXL    Reduction  of  Duties— Mr.  Verpbnck's 

Bill 808 

LXXXIL    Reduction  of  Duties— Mr.  Clay's  Bill     .     813 


CIIAI-  FAoa. 

LXXXin.    Revenue  Collection,  or  Force  Bill       .  S-tl 

LXXXIV.    Mr.  Calhoun's  Nalllfleation  Bceolutlona .  SIM 
LXXX  V.    Secret  History  of  the  ••  Compromise  "  of 

1833 841 

LXXXVI.    Cnmpmnilso  Legliilation ;  and  the  Act, 

so  called,  of  1838 tu 

LXXXVIL  Virginia  Resolutions  of  "gS-'dS  —  Disa- 
bused oftlielr  South  Carolina  Interpro- 
tatlon— 1.  Upon  their  Own  Word*— 9. 
Upon  Cuntemporaneoiu  Interpreta- 
tion     84T 

LXXXVin.    Virginia  Resolutions  of  1798— Disabused 

of  Nulllflcation  by  their  Author  .       .     8tM 
LXXXIX    The  Author's  own  View  of  the  Naturo 
of  Our  Oovernment,  as  being  a  Union 
In  Contradistinction  to  a  League  ■  Pre- 
sented In  a  Subsequent  Speech  on  Mis- 
souri Resolutions      ....         SAO 
XC.    Public  Lands— Distribution  of  Proceeds     862 
XCI.    Commencement  of   the  Twenty-third 
Congress— The  Members',  and  Presi- 
dent's Message 869 

XCIL    Removal  of  the  Deposits  IVom  tlio  Bank 

of  the  United  States     ....      878 

XCIII.  Bank  Proceedings,  on  Seeing  the  Deci- 
sion of  the  President,  In  relation  to  the 
Removal  of  the  Deposits  .       .       .         879 

XCIV.  Report  of  the  Secretary  of  the  Treasury 
to  Congress  on  the  Removal  of  the  De- 
posits      881 

XGV.    Nomination  of  Oovernment  Directors, 

and  their  B^ectinn  ....        885 
XC  VL    Secretary's  Report  on  the  Removal  of  the 

Deposits 898 

XCVIL    Call  on  the  President  for  a  Copy  of  tlie 

"Paper  Bead  to  the  Cabinet".       .         899 

XCVIIL  Mistakes  of  Public  Men-Oreat  Oomoi- 
nation  against  General  Jackson — Com- 
mencement of  the  Panic  .  .  .  400 
XCIX  Mr.  Clay's  Speech  against  President  Jock- 
son  on  the  Removal  of  the  Deposits- 
Extracts     409 

C.    Mr.  Benton's  Speech  in  Reply  to  Mr.  Clay 

— Extracts 406 

CL    Condemnation  of  President  Jackson- 
Mr.  Calhoun's  Speech— Extracts      .        411 

CIL    Public  Distress 4IS 

CIIL  Senatorial  Condemnation  of  President 
Jackson— bis  Protest— Notice  of  the 
Expunging  Besolation    .  .        .       .     428 

CIV.    Mr.  Webster's  Plan  of  Belief      .       .        483 
C  V.    Revival  of  the  Gold  Currency— Mr.  Ben- 
ton's Speech      486 

CVL    Attempted  Investigation  of  the  Bank  of 

the  United  SUtee      ....        453 
CVIL    Mr.  Taney's  Report  on  the  Finances— 
Kxposnre  of  the  Distress  Alarms — 

End  ofthe  Panic 462 

CVIIL    Revival  of  tlie  Gold  Currency     .       .         469 
CIX.    Rejection  of  Mr.  Taney— Nominated  fl>r 

Secretary  of  the  Treuoiy   .       *      .     4T0 


Dec 

CXV.    Comn 

Prea 

CXVL    Report 

CXVIL    Frenci 

CXVIIL    French 

Wrig 

CXIX.    French 

CXX    French 

CXXL   Attemi 

Jacks 

CXXIL    Alabam 

CXXIIL    TheEx] 

CXXIV.    Expongl 

Renev 

CXXV.    Branch  I 

Gold  ] 

Carollt 

OXXVL    BeguIaUt 

CXXVIL    Defeat  of 

loss  of  I 

CXXVIIL    DIstribnt 

CXXIX    Commeni 

gress— : 

CXXX.    Abolition 

Columb 

OXXXL    Mail  Circi 

tions 

CXXXIL    French    i 

Squadro 

|CXXXIIL    French  Ini 

^Indem 

ICXXXIV.    PieaidentJ 

ICXXXV.    BlaveiyAg 

CXXXVL   Bemovalof 

|!XXXVIL    Extension  a 

HI.   AdDiMon( 
Michigan 


CONTENTS  OF  VOL  L 


u 


PAOR.          ^m 

ex. 

w.      8»4        H 

CXI. 

:>  1 

CXII. 
CXIIL 
CXIV. 

pro-                  ^1 

cxv. 

CXVL 

1 

CXVIL 

ased                ^1 

CXVIIL 

ituro                H 

CXIX. 

nlon                H 

Mis-                1 

KxedR     863      1 
■third               ■ 

CXX. 
CXXI. 

CXXIL 
CXXIIL 

Presl-               ■ 

CXXIV. 

Bank 


8T8 


CXXV. 


Decl- 

totb« 

CXXVL 

• 

8T9 

CXXVIL 

rcasury 

heDe- 

881 

cxxvin. 

• 

CXXIX. 

■cctois, 

I  of  the 

885 

CXXX. 

of  t>.e 

893 

OXXXL 

• 

3oiiii)l- 

899 

CXXXII. 

-Com- 

ion 

CXXXIIL 

jdta— 

409 

CXXXIV. 
CXXXV. 

r.CUf 

CXXXVL 

.       . 

406 

JXXXVIL 

k»on— 
1 

411 

Kvxvm. 

.       • 

415 

esident 

of  the 

428 
483 

8«n«tpri»l  Investtfpktlon  of  th«  Btnk  of 

the  United  SUt«*     ....  4T0 

DownlUlofthfl  Bulk  oftbe  United 'Ttate*  4T1 

Death  of  John  Bindolph,  nf  Koknoak*  478 

Death  of  Mr.  Wirt 4TS 

Death  of  thn  last  of  the  Bignen  of  the 

Declaration  of  In(Iei>ondenc«    .  476 

Commenoement  of  the  Beeslon,  1884-'8S : 

Preatdent't  Meaiage      ....  477 

BeportoftbeBankCommlttM  .       .  481 

French  Spoliations  before  1800      .       .  487 

French  Spoliations  —  Speech  of  Mr. 
Wright,  of  New-Tork       ...        489 

French  SpoUitlons-Mr.  Webster's  Speech  COB 

French  Spollatlons-Mr.  Benton's  Speech  514 
Attempted   Aasoaslnatlon  of  President 

Jackson SI 

Alabsms  Expunging  Besolatlona      .  524 

The  Expunging  Besolutlon     ...  688 

Expunging  Besolutlon:  Bt^Jectod,  and 
Benewed 649 

Branch  Mints  at  New  Orleans,  and  in  the 
Gold  Beglons  of  Georgia  and  Kortb 
Carolina 650 

Begulation  Deposit  BUI       .       :       .        653 

Defeat  of  the  Defence  Appropriation,  and 
losaoftheFortlflcaUonBIU       .       .     654 

Distribution  of  Bevenne      ...        666 

Commencement  of  Twenty-Fourth  Con- 
gress—President's  Message       .        .     668 

Abolition  of  Slavery  in  the  District  of 

Columbia 5T6 

Mail  Circulation  of  Incendiary  Publioa* 

tlons 6S0 

French   AflUn— Approach   of  a  French 

Squadron— Apology  Bequired  .  .  688 
French  Indemnities— British  Mediation 

— Indemnitlea  Paid  ....        600 

President  Jackson's  Foreign  Diplomacy  601 

Slavery  Agitation     .      .      ,      .      .  609 

Bemoval  of  the  Oberokeee  flrom  Georgia  624 

Extension  of  the  Missoari  Boundary  .  626 

Admission  of  tlie  States  of  Aikuuas  snd 
Michigan  into  the  Union      ,      .      .     MT 


OBAP. 

CXXXIX. 

CXL. 
CXLL 

CXLIL 
CXUIL 


Attempted  Inquiry  Into  the  Military 

Academy 

Mllltery  Academy— Speech  of  Mr.  Pierce 

Expunging  Beeolatlon  —  reroratlon  of 
Senator  Benton's  Second  Speech 

Dlilrlbntion  of  the  Land  Bevenue     . 

Becharler  of  the  District  Banks— 8pe««h 
of  Mr.  Benton— The  Parts  of  Local  and 
Temporary  Interest  Omitted 
CXLIV.    Independence  of  Texas 

CXLV.    Texas    Independence  —  Mr.    Benton's 
Speech 

CXLVL    The  Specie  Circular        .... 

CXLVIL    Death  of  Mr.  Madison,  Fourth  President 
of  the  United  Stetcs 

CXLTIIL    Death  of  Mr.  Monroe,  Fifth  President  of 
the  United  States       .... 


CXLIX. 
CU 

CLL 

CLIL 

CUIL 

CLIV. 
CLV. 
CLVI. 

CLVIL 

CLVIIL 

CLIX. 

CLX 

CLXL 

CLXIL 
CLXIIL 

CLXIV. 

CLXV. 


Death  of  Chief  Justice  Marshall  . 

Death  of  CoL  Burr,  Third  Tiee-Presidcnt 
oftbe  United  Stetes  . 

Death  of  William  B.  Giles,  of  ViiglnU   . 

Presidential  ElecUon  of  1886 

Last  Annual  Message  of  President  Jack> 


Final  Bemoval  of  the  Indians 
Becision  oftbe  Treasury  Circular   . 
Distribution  of  Lands  and  Money— Vari- 
ous Propositions      .... 
Military  Academy— Its  Biding  House 
Salt  Tax-Mr.  Benton's  Fourth  Speech 

Expunghig  Besolutlon- Preparation  for 
Decision 

Expunging  Besolation— Mr.  Benton's 
Third  Speech 

Expunging  Besolutlon— Mr.  Clay,  Mr. 
Calhoun,  Mr.  Webeteiv-Last  Scene— 
Besolutlon  Passed  and  Executed 


688 

641 

6:3 
Ml 

«5S 

6C5 

670 
676 

678 

r9 
691 

681 
683 
668 

684 

690 
694 

TOT 
713 
T14 

TIT 

T19 

T2T 
T81 


The  Supreme  Court— Judges  and  Offlccia 

Farewell  Address  of  President  Jackson 
—Extract TS9 

Conclusion  of  General  Jackmn's  Adminis- 
tration  T8S 

Setidng  and  Death  of  GraeTslJaekson— 
Administration  of  Martin  Van  Buren        T8> 


tr.  Ben- 


Bank  of 

kncea— 
■arms— 


ktedlbr 


463 

463 
409 

4T0 


I  TirK  w»r  with 
1812,  and  ended 
but  a  necessary 
duced  several   c 
nxiints  of  deporti 
I  are  necessary  to 
Idcrstand  the  subs 
Inicnt,  and  the  VI 
Iproposcd  to  bo  giv 
1.  It  struggle! 
at  the  finances  am 
rithout  any  prof* 
kbr  which  it  began, 
rency — no  money, 
presented  the  san 
[irst  Bank  of  the  I 
St  in  1811.     Gold 
bcased  to  be  a  curi 
bf  merchandise,  ar 
lo  foreign  countric 
\j  the  general  us( 
luced  to  a  small  qi 
■0  demand ;  and,  ] 
lumbrous  for  a  nal 
verspread  the  Ian 
overnment,  havin^ 
kitution,  was  thr< 
bans.    They,  unec 
pmoved  their  ow 
cie  with  profuse 
Duble  load  of  nii 
lopped  specie  pa; 
|ew  England,  whi 
afavorable  to  the 
Jen  thr   resort  c 
bey  T,  ere  issued 
^ing  convertible 
Vol.  I.- 


PRELIMINARY    VIEW. 


FROM    1S15   TO    1820 


I  TiiK  war  with  Great  Britain  commenced  in 
1812,  and  ended  in  1815.  It  was  a  short  war, 
I  but  a  necessary  and  important  one,  and  intro- 
duced several  changes,  and  made  some  new 
I  points  of  departure  in  American  policy,  wliich 
I  are  necessary  to  be  understoxl  in  order  to  un- 
Idcrstand  the  subsequent  working  of  the  govcm- 
Imcnt,  and  the  VIEW  of  thai  working  which  is 
Iproposcd  to  bo  given. 

1.  It  struggled  and  labored  under  the  state 
of  the  finances  and  the  currency,  and  terminated 
vithout  any  professed  settlement  of  the  cause 
|for  which  it  began.    Tliere  was  no  national  cur- 
ency — no  money,  or  its  equivalent,  wliich  re- 
presented the  same  value  in  all  places.     The 
irst  Bank  of  the  United  States  had  ceased  to  ex- 
st  in  1811.    Gold,  from  being  undervalued,  had 
eased  to  bo  a  currency — had  become  an  article 
bf  merchandise,  and  of  export — and  was  carried 
foreign  countries.    Silver  had  been  banished 
by  the  general  use  of  bank  notes,  had  been  re- 
kuced  to  a  small  quantity,  insufficient  for  a  pub- 
ic demand ;  and,  besides,  wcidd  have  been  too 
lumbrous  for  a  national  currency.    Local  banks 
]>erspread  the  land ;  and  upon  these  the  federal 
overnment,  having  lost  the  currency  of  the  con- 
Ititution,  was  thrown  for  a  currency  and  for 
bans.    They,  unequal  to  the  task,  and  having 
bnioved  their  own  foundations  by  banishing 
cie  with  profuse  paper  issues,  sunk  under  the 
Duble  load  of  national  and  local  wants,  and 
lopped  specie  payments — all  except  those  of 
|ew  England,  which  section  of  the  Union  was 
afavorable  to  the  war.    Treasury  notes  were 
jen  thf   resort  ot    tiio    federal    government, 
hey r, ere  issued  in  great  quantities;  and  not 
king  convertible  into  coin  at  the  whl  of  the 
Vol.  I.— 1 


holder,  soon  began  to  depreciate.  In  the  second 
year  of  the  war  the  depreciation  bad  already  be- 
come enormous,  especially  towards  the  Canada 
frontier,  where  the  war  raged,  and  where  money 
was  most  wanted.  An  officer  setting  out  from 
Washington  with  a  supply  of  these  notes  found 
them  sunk  one-third  by  the  tiuie  he  arrived  at 
the  northern  frontier — his  every  three  dollars 
counting  but  two.  After  all,  the  treasury  notcH 
could  not  be  used  as  a  currency,  neither  legally, 
nor  in  fact :  they  could  only  bo  used  to  obtain 
local  bank  paper — itself  greatly  depreciated. 
All  government  securities  were  under  par,  even 
for  depreciated  bank  notes.  Loans  were  obtain- 
ed with  great  difficulty — at  large  discount — al- 
most on  the  lender's  own  terms ;  and  still  at 
tainablo  only  in  depreciated  local  bank  notes. 
In  less  than  three  years  the  government,  para- 
lyzed by  the  state  of  the  finances,  was  forced  to 
seek  peace,  and  to  make  it,  without  securing,  by 
any  treaty  stipulation,  the  object  for  which  war 
had  been  declared.  Impressment  was  the  object 
— the  main  one,  with  the  insults  and  the  outra- 
ges connected  with  it — and  without  which  there 
would  have  been  no  declaration  of  war.  The 
treaty  of  peace  did  not  mention  or  allude  to  the 
subject — the  first  time,  perhaps,  in  modern  his- 
tory, in  which  a  war  was  terminated  by  treaty 
without  any  stipulation  derived  from  its  cause. 
Mr.  Jefferson,  in  1807,  rejected  upon  his  own 
responsibility,  without  eren  its  communiciation 
to  the  Senate,  the  treaty  of  that  year  negotiated 
by  Messrs.  Monroe  and  Pinkney,  because  it  did 
not  contain  an  express  renunciation  of  the  prac- 
tice of  impressment — because  it  was  silent  on 
that  point.  It  was  a  treaty  of  great  moment, 
settled  many  troublesome  questions,  was  very 


PRF-LIMINARY  VIEW, 


(IcHirnhlc  for  what  it  mntnincl ;  but  ka  it  vtm 
(dlent  on  the  main  point,  it  vrtm  rojiTttnl,  without 
cvtn  a  irfiTC'iirp  (o  the  Senate  Now  wc  were 
in  B  Iil<e  comlition  nfl<r  a  war.  The  war  was 
Htnigglini;  for  its  own  existcnro  ,  .i<Ut  the  .state 
'of  tho  llnanccR,  and  liiul  to  he  stoppo*!  withdut 
Rociirinp;  by  treaty  tlie  oliject  for  wliirh  it  was 
fler|are<l.  Tlie  ohjert  waH  ol)tnine(l,  however, 
by  the  war  itself.  It  showeil  tlio  IJritish  povern- 
inont  tliat  tlio  jKople  of  tlic  United  Stnte.s  would 
ti;::ht  upon  that  fioint — that  she  would  have  war 
ajrnin  if  she  iinpressctl  npiin :  and  there  has  been 
no  impre.xsment  since.  Near  forty  ymvf,  witli- 
out  a  rase !  wJitn  wc  were  not  as  many  days, 
oftentimes,  without  oases  before,  and  of  the 
most  insultinpf  and  outrageous  nature.  The 
spirit  and  patriotism  of  the  people  in  furnishing 
the  supplies,  volunteering  for  the  service,  and 
standing  to  the  contest  in  the  general  wreck  of 
the  finances  and  the  currency,  without  regard  to 
tlicir  own  losses — and  the  heroic  courage  of  the 
army  and  navy,  and  of  the  militia  and  volunteers, 
made  the  war  sticcessful  and  glorious  in  spite  of 
empty  treasuries ;  and  extorted  from  a  proud 
empire  that  security  in  point  of  fact  which  diplo- 
macy could  not  obtain  as  a  treaty  stipulation. 
And  it  was  well.  Since,  and  now,  and  hence- 
forth, we  hold  exemption  from  impressment  as 
we  hold  our  independence — by  right,  and  by 
might — and  now  wiint  the  treaty  acknowledg- 
ment of  no  nation  on  either  point.  But  the  glo- 
rious termination  of  the  war  did  not  cure  the 
evil  of  a  ruined  currency  and  defective  finances, 
nor  render  less  impressive  the  financial  lesson 
wliich  it  taught.  A  return  to  the  currency  of 
the  constitution — to  the  hard-money  government 
which  our  fathers  gave  us — no  connection  with 
banks — no  bank  paper  for  federal  uses — the  es- 
tablishment of  an  independent  treasury  for  the 
federal  government ;  this  was  the  financial  les- 
son which  the  war  taught.  The  new  generation 
into  whose  hands  the  working  of  the  government 
fell  during  the  Thirty  Yeaiis,  eventually  availed 
themselves  of  that  lesson : — with  what  effect,  the 
state  of  the  country  since,  unjirecedentedly  pros- 
perous; the  state  of  the  currency,  never  de- 
ranged ;  of  the  federal  treasury,  never  polluted 
with  "  unavailable  funds,"  and  constantly  cram- 
med to  repletion  with  solid  gold ;  the  i-ssue  of 
the  Mexican  war,  carried  on  triumphantly  with- 
out a,  national  bank,  and  with  the  public  securi- 
ties constantly  above  par — sufficicntlj'  proclaim. 


No  other  tf^ninio  but  these  results  is  noci'ssary 
to  fihow  the  value  of  that  tlnnnciiil  lesson,  taught 
us  b}'  the  war  of  1K12, 

2.  The  establishment  of  the  second  national 
bank  grow  out  of  this  war.  The  failure  of  tho 
local  banks  was  enough  to  prove  tho  noccssity 
of  a  national  currency,  and  the  re-establishment 
of  a  national  bank  was  the  accepted  rcme«ly. 
No  one  seemed  to  think  of  the  currency  of  the 
constitution — especially  of  that  gold  currency 
upon  which  the  business  of  the  world  had  been 
carried  on  from  tho  beginning  of  the  world,  and 
by  empires  whose  cxi)cnses  for  a  week  were 
equal  to  those  of  the  United  States  for  a  year, 
and  which  the  framers  of  the  constitution  hofl  so 
carefully  secured  and  guarded  for  their  country. 
A  national  bank  was  the  only  remedy  thought 
of.  Its  constitutionality  was  believed  by  some 
to  have  been  vindicated  by  the  events  of  tho  war. 
Its  expediency  was  generally  admitted.  Tho 
whole  argument  turned  upon  tho  word  "  neces- 
sary," as  used  in  the  grant  of  implied  powers  en 
tho  end  of  tho  enumeration  of  powers  expressly 
granted  to  Congress ;  and  this  nceeasity  was  af- 
firmed and  denied  on  each  side  at  tho  time  of  the 
establishment  of  tho  first  national  bank,  with  a 
firmness  and  steadiness  which  showed  that  these 
fathers  of  the  constitution  know  that  tho  whole 
field  of  argument  lay  there.  Washingtoirs  que- 
ries to  his  cabinet  went  to  that  point ;  the  close 
reasoning  of  Hamilton  and  Jefferson  turned  up- 
on it.  And  it  is  worthy  of  note,  in  order  to  show 
how  much  war  has  to  do  with  the  working  of 
government,  and  tho  trying  of  its  powers,  that 
tho  strongest  illustration  used  by  General  Ham 
ilton,  and  tho  one,  perhaps,  which  turned  the 
question  in  'Washington's  mind,  was  tho  state 
of  the  Indian  war  in  tho  Northwest,  then  just 
become  a  charge  upon  tho  new  federal  govern- 
ment, and  beginning  to  assume  the  serious  char- 
acter which  it  afterward  attained.  To  carry  on 
war  at  that  time,  with  such  Indians  as  were 
then,  supported  by  tho  British  traders,  them- 
selves countenanced  by  their  government,  at 
such  a  distance  in  the  wilderness,  and  by  the 
young  federal  government,  was  a  severe  trial 
upon  the  finances  of  the  federal  treasury,  as  well 
as  upon  the  courage  and  discipline  of  the  troops; 
and  General  Hamilton,  the  head  of  the  treasury, 
argvicd  that  with  tho  aid  of  a  national  bank,  the 
war  would  bo  better  and  more  successfully  con- 
ducted :  and,  therefore,  that  it  was  "  necessary.'" 


FROM  1R15  TO  l«sn. 


and  n)itrht  )>c  esta))li.sh(><l  ns  •  mcanM  of  oxpciitin^ 
a  Kruntwl  power,  to  wit.  the  powi-r  of  tnakirift ' 
unr.    That  war  toniiiiiativl  wi-ll ;  and  tlio  hank  I 
liavini;  Itccii  cstahliNlivd   in  tim  mean  time,  frot  : 
the  cretlit  of  havinf^  furni.xhtMl   jtM    "  wiiewH." 
The  war  of  1812  Innpiished  under  tho  8tftto  of 
the  flnanccH  an<I  tlic  currency,  no  national  bank 
existing;;  and  this  want  seemcMl  to  all  to  be  tho 
cause  of  its  difUcultieH,  and  to  Rhow  tho  necessi- 
ty for  a  bank.     The  second  national  bank  was 
then  C8tablishe<l — many  of  its  old,  most  able, 
and  conscientious  op|)oncnts  invinp;  in  to  it,  Mr. 
.Madison  at  their  head.     Thus  the  question  of  a 
national  bank  again  grow  up— prcw  up  out  of 
tho  events  of  tho  war — and  was  decided  a^^ainst 
tlm  strict  construction  of  tho  constitution — to 
tiic  weakening  of  a  princijdo  which  was  funda- 
mental in  the  working  of  tho  government,  and  to 
tiio  damage  of  tho  party  which  stood  upon  the 
doctrine  of  a  strict  construction  of  tho  constitu- 
tion.    But  in  tho  course  of  the  "  Thirty  Years  " 
of  wliich  it  is  proposed  to  tako  a  "  View,"  Kome  of 
tho  younger  generation  became  impressed  with 
tho  belief  that  tho  constitutional  currency  had 
not  hod  a  fiur  trial  in  that  war  of  1812 !  that,  in 
fact,  it  had  had  no  trial  at  all !  that  it  was  not 
even  in  the  field !  not  even  present  at  tho  time 
when  it  was  supposed  to  havo  failed  !  and  that 
it  was  entitled  to  a  trial  before  it  was  condemned. 
That  trial  has  been  obtained    The  second  nation- 
al bank  was  left  to  expire  upon  its  own  limita- 
tion.    The  gold  currency  and  tho  independent 
treasury  were  established.     Tho  Mexican  war 
I  tried  them.    They  triumphed.    And  thus  a  na- 
tional bank  was  shown  to  be  "  unnecessary," 
and  therefore  unconstitutional.     And  thus  a 
preat  question  of  constitutional  construction,  and 
of  party  division,  three  times  decided  by  the 
events  of  war,  and  twice  against  the  constitution 
and  tho  strict  constructionists,  was  decided  the 
I  Inst  time  in  their  favor ;  and  is  entitled  to  stand, 
I  being  the  last,  and  the  only  one  in  which  the 
I  constitutional  currency  had  a  trial. 

3.  The  protection  of  American  industry,  as  a 
I  substantive  object,  independent  of  the  object  of 
[revenue,  was  a  third  question  growing  out  of  the 
I  war.  Its  incidental  protection,  under  the  rove- 
I  nuo  clause  in  the  constitution,  had  been  always 
[acknowledged,  and  granted ;  but  protection  as  a 
Isubstantive  object  was  a  new  question  growing 
lout  of  the  state  of  things  produced  by  tho  war. 
■Domestic  manufactures    had    taken  root    and 


in^wn  up  durinir  tlie  non-im|w>rtation  p»'ri<>«U  of 
the  rnibargo,  and  of  hontilitics  with  (in-:\f  Bri- 
tain, and   under   the   frmiKirnry  double   tliUi<"4 
which  cnsuef^the  war,  mid  which  wrro  laid  for  f '*'»'« 
revenue.     They  harl   grown   n|>  to  be  a  larp» 
interest,  and  a  new  one,  rlassing  in  important 
after  agricidturo  and  comnicnT.    The  want  of 
articles  necessary  to  national   definc»\  and  of 
others    essential    to    indivirlual    comfort — then 
neither  importeil  nor  made  at  home — had  In'en 
felt  during  tho  interrtiption  of  commerce  occa- 
sioned  by  tho  war ;    and  tho  advantage  of  a 
domestic  supjily  was  brouglit  Immo  to  the  con- 
viction of  the   public  min'l.     Tho  question  of 
protection  for  the  sake  of  protection  was  brouplit 
forward,  and  carried  (in  the  year  181(1) ;  and 
very  unequivoc.illy  ih  the  viiuimiim  provision  in 
reKition  to  duties  on  cotton  goods.    This  reversed 
the  old  course  of  legislation — made  protection 
the  object  instead  of  the  incident,  and  rcvcnuo 
the  incident  instead  of  tho  object;    atid   w.is 
another  instance  of  constitutional  construction 
being  made  dependent,  not  tipon  its  own  words 
but  upon  extrinsic,  accidental  ond  transient  cir 
cumstances.    It  introduced  a  new  and  a  largo 
question  of  constitutional  law,  and  of  national 
expediency,  fnrnght  with  many  and  great  conse- 
quences, which  fell  upon  tho    period    of   tho 
Thirty  Years'  View  to  settle,  or  to  grapple 
with. 

4.  Tho  question  of  internal  improvement 
within  tho  States,  by  the  federal  government, 
took  a  new  and  largo  development  after  the  war. 
I'he  want  of  facilities  of  transportation  had  been 
felt  in  our  military  operations.  Roads  were  bad, 
and  canals  few ;  and  tho  question  of  their  con- 
struction became  a  prominent  topic  in  Congress 
common  turnpike  roads — for  railways  had  not 
then  been  invented,  nor  had  MacAdam  yet  given 
his  name  to  the  class  of  roads  which  has  since 
borne  it.  The  power  was  claimed  as  an  incident 
to  the  granted  powers — as  a  means  of  doing 
what  was  authorized — as  a  means  of  accomplish- 
ing an  end :  and  the  word  "  necessary  "  at  the 
end  of  the  enumerated  powers,  was  the  phrase 
in  which  this  incidental  power  was  claimed  to 
have  been  found.  It  was  the  same  derivation 
which  was  found  for  tho  creation  of  a  national 
bank,  and  involved  very  nearly  the  same  division 
of  parties.  It  greatly  complicated  the  national 
j  legislation  from  1820  to  1850,  bringing  the  two 
!  parts  of  our  double  system  of  government — Sta'o 


PKKUMIN'ARY  VIKW. 


M'^^' 


mil  Ff<l<T»l— into  MTimi*  ilinnKrii'invnt,  ktwl 
tliiiatctiiiiK  to  niiniiriiiiiiHC  tluir  haniKniiuiiH 
iK'tioii.  <ira|i|il('il  HJlli  liy  a  htrmif^  hand,  it 
hi'I'IiuhI  at  o!iu  tiiiiL'  to  liuvv  U'cii  Ncttlc*!,  ami 
C'iiisi).toiitiy  with  the  rixlitM  of  Iho  StattM ;  but 
KiinitiiiH'H  ritiiriij*  to  vix  llie  <iililK!rationM  of 
(.'cjii^rfMi*.  To  tun itoi'ii'M  tlio  qurxtion  did  not 
ixliiid.  Tlii-y  Jiim-  no  iM»Iiti<al  rinlils  under  the 
«oii>tituli<in,  uiid  are  novfrni<l  hy  I'onjtriHs 
(u'niidin(;  to  its  difU'iriinn,  undir  tliut  cIuuku 
wliiili  iiuthori/t's  it  to  "diH|i<).sc'  of  and  niai<u  all 
loi'dful  ruliH  and  rc'nulalionH  ri'.x|H.rtinK  the  ter- 
ritory or  ollitr  |)r<>|icrty  Jjclonnin^  to  tlio  United 
^tatiH."  Tlic  iniprovtinint  of  rivcrn  and  Irnr- 
Ijors,  wiw  a  Itranch  of  the  internal  improvement 
(|iiestion,  but  ri'.--liu;;  on  a  dilllrent  clau.te  in 
thi-  constitution— the  C(nnm<"-vjial  and  ruvenuf 
clause — and  became  roiU|iie.\  and  dilllcult  fron» 
lis  extension  to  sinall  and  local  objects.  Tiie 
jiarty  of  stritt  ronstruetion  contend  for  itH 
restriction  to  natii)nid  objects — rivers  of  national 
character,  and  harbors  yielding  revenue. 

5.  The  lH)uniIarieH  between  tlie  treaty-mal;- 
in^  and  the  letrislntivo  (lepartnients  of  the 
fiovoMMnent,  licciinii'  a  subject  of  examination 
ut'ier  the  war,  and  t;i\ve  rise  to  questions  deeply 
fitl'ecting  the  working  of  these  two  departments. 
A  treaty  is  the  supreme  law  of  tlie  land,  and  a.s 
sui.li  it  becomes  obligatory  on  tho  House  of 
r.i  presentutives  to  vote  tlie  money  which  it  stipu- 
lates, and  to  co-o])erate  in  forming  tho  laws 
necessary  to  carry  it  into  efl'ect.  That  is  the 
broad  proiM).sitiou.  The  qualillcation  is  in  the 
question  whether  the  treaty  is  confined  to  tho 
business  of  tlic  treaty-making  iwwer  ?  to  tho 
subjects  which  fall  under  its  jurisdiction  ?  and 
does  not  encroach  upon  tho  legislative  power  of 
Congress  ?  This  i;'  lie  qualification,  and  a  vital 
one :  for  if  the  Prctsiuent  and  Senate,  by  a  treaty 
with  a  foreign  power,  or  a  tribe  of  Indians,  could 
exercise  ordinary  legislation,  nnd  make  it  su- 
premo, a  double  injury  would  have  been  done, 
and  to  the  prejudice  of  that  branch  of  the 
government  whi  h  lies  closest  to  the  people,  and 
emanates  most  directly  from  them.  Confine- 
ment to  their  separate  jun.  dictions  is  tho  duty 
of  each ;  but  if  encroachmeais  take  place,  which 
is  to  judge  ?  If  the  Preside  a;  -'v.l  Senate  invai'o 
tlie  legislative  field  of  Con;jrt^.-.  whi';>'  is  to 
judge  ?  or  who  is  to  judge  bet^'/l.vn  thiXi  ?  or  is 
each  to  judge  for  itself?  1  m  llna'^-  of  Repre- 
.jcntatives,  and  the  Senate  ;ii  its  k-fci  ;Ii.,tive  capa- 


city, but  iwiwcially  tho  IIoum\  bm  th«  groai 
ronstilutioTial  de|ioNitory  of  the  li-)(iNlativu  |)Owcr, 
bii'omvit  itM  natural  gtiardian  mid  defender,  and 
is  entitled  to  deference,  in  tho  went  of  a  ditTer- 
encu  of  opinion  Iwtwcc")  the  two  brani  hen  of  the 
government.  The  diftcuHHion«  in  CongroM  Im«< 
twcen  lhi5  aiid  IN20  greatly  elucidated  thu 
(|uestion ;  and  wiiilo  leaving  unlmpugncd  the 
obligation  of  the  llouso  (o  carry  into  I'tfect  n 
treaty  duly  mu<le  by  tho  President  and  Svnate 
within  the  limits  of  tho  treaty  making  power — 
upon  mattcrfl  subject  to  treaty  regulation — yet 
it  belongH  to  tho  House  to  judgu  when  these 
limits  havo  been  transcended,  and  to  preserve 
inviolate  the  field  of  legislation  which  tho  consti- 
tution has  intrusted  to  tho  ininicdiato  represen- 
tatives of  the  iieople. 

C.  The  doctrine  of  secession — tho  right  of  a 
State,  or  a  combination  of  States,  to  withdraw 
from  the  Union,  was  born  of  that  war.  It  was 
repugnant  to  the  New  England  States,  and 
op|)osed  by  them,  not  with  arms,  but  with  argu 
ment  and  remonstranco,  and  refusal  to  vote 
supplies.  They  had  a  convention,  famous  under 
the  namo  of  Hartford,  to  which  the  design  of 
secession  was  imputed.  That  design  was  novor 
avowed  by  tho  convention,  or  authentically 
admitted  by  any  leading  member ;  nor  is  it  the 
intent  of  <li>  reference  to  decide  upon  the  fact 
of  that  (K'^ign.  The  only  intent  is  to  show  that 
the  existence  of  that  convention  raised  the  ques- 
tion of  secession,  and  presented  tho  first  instance 
of  the  greatest  danger  in  tho  working  of  tho 
double  form  of  our  government — that  of  a  col- 
lision between  a  part  of  tho  States  and  tho 
federal  government.  This  question,  and  this 
danger,  first  arose  then — grow  out  of  the  war  of 
1812 — and  were  hushed  by  its  sudden  termina- 
tion; but  they  have  reappeared  in  a  dificrent 
quarter,  and  will  come  in  to  swell  th';  objects  of 
the  Thirtv  Years'  View.  AttL.  time  >t  '' 
first  appeal  unce  the  right  of  secc-icn  .■  ' 
pulsed  and  repudiated  by  tho  di  -  ,  { 
rally,  and  in  a  largo  degree  by  the  federal 
party — the  difference  between  a  Union  and  a 
Leaoue  being  better  understood  at  that  time 
tvhen  so  many  of  tho  fathers  of  the  now  govern' 
ment  were  still  alive.  Tho  leading  language  in 
r'"<pcct  to  it  south  of  the  Potomac  was,  that  no 
atate  had  a  right  to  withdraw  from  tho  Union 
uiat  it  required  the  same  power  to  dissolve  as 
10  form  the   Union — and  that  any  attempt  tc 


diiMolTo  it,  or  to  o 
tional  lawn,  wax 
(lolitiral  particH  i 
exrhbngrd  attitud 
alter  thu  question 
i'lteri's:  fnim  the 
produce  nuch  chnn 
tipc4*fita(ion  during 
A  practical  qurstior 
Ykars;  and  thus 
not  M!ttlc<l. 

7.  Slavery  agiti 

time   (1819-'L'0), 

restriction  on  f 

tion  to  hold  .■i';i\c.<, 

condition  of  hi  .*  'id 

tr  bo  biii'Thijj  upon 

tion  «  "  yjtn  the 

lead,  anii  isoon  swet)t 

It  was  quieted,  so  f^ 

tion   was  concernei 

without  restriction, 

remainder  of  tho  Ja 

west  of  that  State,  a 

degrees,  30  minutes ; 

of  the  southern  bou 

Kentucky.    This  wi 

and  was  all  clear  g 

of  the  question,  and  < 

tho  united  slave  sta 

majority  of  that  vote 

tativos,  and  the  undiv 

administration.    It  w 

divided  free  and  slave 

tho  North  than  tho 

divided  about  equally 

all  to  tho  North.    It 

immense  extent  of  tcr 

legally  exist,  over  nea 

left  it  only  in  Florid  I  r 

opened  "^r   ■^n.yr  terri 

was  an  aumense  con 

holding  States ;  but  tj 

tion  was  not  laid. 

dilTercnt  forms,  first  fr 

of  petitions  to  Congn 

on  tho  subject ;  then  f 

of  exciting  one  half  th 

and  laying  the  foundat 

racy.    With  this  new 

tho  men  of  the  new  gei 

pie  for  tho  whole  peric 


FROM  l«lft  TO  isja 


:     .1    H-j 

gc. 

federal 
N  and  a 
at  time 

govern- 
iguagein 

that  no 
Union— 
ssolve  OS 
empt  tc 


iliMoIre  it,  or  to  oJwtnjrt  iho  artion  nf  rotiKtitii- 
tiiinal  lawn,  wiw  tn-T'  n.  If.  cinfi-  tlint  time, 
|)olitiral  partiea  aic  rtionnl  lncnlitM't.  Iiatc 
(•xrhbnpT<|  attitiiiioN  on  tliift  <|ii<'Mtinn,  it  rnnnot 
allor  the  qiicwtion  of  ri);ht,  and  inny  n-iTivi-  tumw 
f'lttn's:  from  tiie  dcvclopnunt  of  cniiwn  whicli 
jirodiice  Mich  clmnpr".  HtTWHion,  a  qufNiion  of 
hp>rii1ailon  during  tlic  war  <>f  IS|2,  Iiun  Iktouu! 
n  practical  qiicKtion  (almost)  dtirinf^thu  Thirty 
Ykars;  and  tliiiH  far  haa  Iwi-n  "  comitroiniswl," 
not  M)ttlc<1. 

7.  Slavery  np;itation  took  its  rise  during  tliis 
time  (181»-'1.'0),  ('  li-  Ibm  of  attempted 
rcHtriction  on  tV  S  .»(  ■  o;  ^1'  oiiri— a  prohibi- 
tion to  hold  ,j|;ivtii,  to  1)0  plai"d  Hjwn  lier  as  a 
rondition  ofhi.''\d'  I  'un  inio  the  Union,  and 
tr  bo  biiiliii;';  upon  hoi  nftorwanls.  This  agita- 
tion c  M  ic  Com  tho  North,  and  »;r''ep  a  fe<lcrnl 
load,  and  noon  swept  Iwtli  parties  into  its  vortex. 
It  waa  quieted,  so  (hr  as  that  form  of  tho  ques- 
tion was  concerned,  by  admitting  tho  State 
without  restriction,  and  imposing  it  on  tho 
remainder  of  the  Louisiana  territory  north  and 
west  of  tlii\t  State,  and  above  the  parallel  of  30 
(icgrcus,  30  minutes ;  which  is  tho  prolongation 
of  tho  southern  boundary  lino  of  Virginia  and 
Kentucky.  This  was  called  a  "compromise," 
and  was  all  clear  gain  to  tho  antislavery  side 
of  the  question,  and  was  done  under  the  lead  of 
tho  united  slave  stato  vote  in  the  Senate,  tho 
majority  of  that  vote  in  the  House  of  Represen- 
tatives, and  the  undivided  sanction  of  a  Southern 
administration.  It  was  a  Southern  measure,  and 
divided  free  and  slave  soil  far  more  favorably  to 
tho  North  than  tho  ordinance  of  1787.  That 
divided  about  equally:  this  of  1820  gave  about 
nil  to  the  North.  It  abolished  slavery  over  an 
immense  extent  of  territory  where  it  might  then 
legally  exist,  over  nearly  tho  whole  of  Louisiana, 
left  it  only  in  Florid  i  piid  Arkansas  territory,  and 
opened  •^c  ''oiw  territory  to  its  existence.  It 
was  an  mmense  concession  to  tho  non-slave- 
holding  States ;  but  the  genius  of  slavery  agita- 
tion was  not  laid.  It  reappeared,  and  under 
different  forms,  first  from  the  North,  in  the  sluape 
of  petitions  to  Congress  to  influence  legislation 
on  the  subject ;  then  from  tho  South,  as  a  meant, 
of  exciting  one  half  the  Union  against  the  uthcr, 
and  laying  the  foundation  for  a  Southern  confede- 
racy. With  this  new  question,  in  all  its  forms, 
the  men  of  the  new  generation  have  had  to  grap- 
ple for  the  whole  period  of  the  "  Thirty  Years." 


H.  Tlv  'r«r  had  rreati-*!  •  drbt.  wliirh  uddf^l 
to  a  linlnnrv  of  tlmt  of  tlio  Uevnlution.  the  pur- 
cliiwi'  >(  I  •xiimUu)*.  mi'l  'utmf  othrr  ilrmx,  »til| 
amoiinit-d  l.>  inctr-twn  .  „,n.'  <»f  dollnr*  n( 
till"  |>'ri<xloftli«(()infi  lui:!!.  ut  i.i  thin  "View;"' 
and  tin-  :  '■•(blcm  Wiw-.  i-'  In-  w)lv«<l,  wliollHrr  a 
national  iU-l>t  i  ould  Ik>  paid  and  cxtiuv'Mi*!)''*)  in :% 
Heason  of  peoi-e,  l(;iviii^  a  nation  wholly  fH<' 
from  thalencunihraiKe;  or wlictlur  if  wn<)toir<> 
on  increasing,  i\  burthen  in  itKill",  itnd  nbMirt>iiii' 
with  its  interest  and  i  Imnges  nn  aiinnid  (ortioii 
of  tho  public  rtvenue,-'.  Tliut  f>rf)l)l(in  was 
Holvwl,  contrary  to  the  e.xiKTienw  of  (he  world, 
and  tho  debt  paiti ;  and  the  prmlic  ,il  henetii 
adde<l  to  the  moral,  of  a  <x)rre.s|(i>nding  reduction 
in  tho  public  taxes. 

9.  I'ublic  distress  was  a  prominent  fentiiro 
of  the  times  to  1)0  embraced  in  this  Phkliminakv 
ViKW.  Tho  Hank  of  tho  United  States  was 
chartered  in  1810,  and  l)eforc  1820  had  jx-rform- 
e<l  one  of  its  cj'cles  of  delusive  and  b>il)l)lo  jims- 
pcrity,  followed  by  actual  and  wide-sjir.-iid 
calamity.  The  whole  paper  system,  of  which  it 
was  tho  head  and  tho  citadel,  after  a  vost  e,\i>nn- 
sion,  had  suddenly  collapsed,  spreading  de.sola- 
tion  over  tho  land,  and  currying  niin  to  debtors. 
The  years  1819  and  '20  were  a  period  of  glooiu 
and  agony.  No  money,  either  gold  or  silver :  no 
paper  convertible  into  sjiecie:  no  measure,  or 
standard  of  value,  left  remaining.  The  local 
banks  (all  but  those  of  New  England),  after  a 
brief  resumption  of  sixscie  payments,  again  sank 
into  a  stato  of  suspension.  Tho  Bank  of  tho 
United  States,  created  as  a  remedy  for  all  those 
evils,  now  at  the  head  of  tho  evil,  pi-ostrate  and 
hclplcs-s,  with  no  power  left  but  that  of  suing  its 
debtors,  and  selling  their  property,  and  purchas- 
ing for  it.sclf  at  its  own  nominal  price.  No  prico 
for  property,  or  produce.  No  sales  but  those  of 
the  sheriff  and  the  marshal.  No  purchasers  at 
execution  sales  but  the  creditor,  or  some  hoarder 
of  money.  No  employment  for  industry — no 
demand  for  labor — no  sale  for  the  product  of  tho 
farm — no  sound  of  the  hammer,  but  that  of  tho 
auctioneer,  knocking  down  property.  Stop 
laws — property  laws — replevin  laws — stay  law,H 
— loan  ofHce  laws — the  intervention  of  the  legis- 
lator between  the  creditor  and  the  debtor :  this 
was  the  business  of  legislation  in  three-fourths 
of  the  States  of  the  Union — of  all  south  and 
west  of  New  England.  No  medium  of  exchange 
but  dcprwiatfd  paper:   no  change  even,  but 


6 


rRELIMINAUY  VIKW. 


k 


little  bits  of  foul  papor,  marked  so  many  ceii'-", 
and  si^nieil  by  some  tradesman,  barber,  or  inn- 
kcejicr:  crchanRos  dcran^i'd  to  the  extent  of 
fifty  or  one  hundred  per  cent.  Distress,  the 
universal  cry  of  the  jK^plc :  Ucliec,  the  univer- 
sal demand  thimdere*!  at  the  doors  of  all  legisla- 
tures, State  and  federal.  It  was  at  the  moment 
when  this  distress  had  reached  its  maximum — 
]H2U-'21— and  had  come  with  its  accumulated 
force  upon  the  machine  of  the  fctieral  govern- 
ment, that  this  ''View"  of  its  working  begins. 
It  is  a  doleful  starting  point,  and  may  furnish 
great  matter  for  contrast,  or  comparison,  at  its 
concluding  period  in  1850. 

Sii'  h  were  some  of  the  questions  growing  out 
of  tiie  war  of  1812,  or  immediately  ensuing  its 
termination.  That  war  brought  some  difficul- 
ties to  the  new  generation,  but  also  great  advan- 
tages, at  the  hcivd  of  them  the  elevation  of  the 
national  character  throughout  tho  world.  It 
immensely  elevated  the  national  character,  and, 
as  a  consequence,  put  an  end  to  insults  and  out- 


rages to  which  we  had  l)ccn  subject.     No  more 
impressments :  no  more  scarcliing  our  ships:  no 
more  killing:  no  more  carrying  off  to  be  forced 
to  8er*e  on  Hritish  ships  against  their  own  coun- 
try.   Tho  national  Hag  became  respected.    It 
became  the  A'.pK of  those  who  were  under  it.   The 
national    character  ajJiH-ared    in  a  new    light 
abroad.     AVc  were  no  longer  considere<I  as  a 
people  so  addicted  to  commerce  as  to  bo  insensi- 
ble to  insult:  and  we  reaped  all  the  advantages, 
social,  political,  commercial,  of  this  auspicious 
cl  lange.     1 1  was  a  war  necessary  to  tho  honor  and 
interest  of  tho  United  States,  and  was  bravely 
fought,  and  honorably  concluded,  and  makes  a 
proud  era  in  our  history.    I  was  not  in  public  life 
at  the  time  it  was  declared,  but  have  understood 
from  those  who  were,  that,  except  for  the  exer- 
tions of  two  men  (Mr.  Monroe  in  tho  Cabinet, 
and  Mr.  Clay  in  Congress),  the  declaration  of 
war  could  not  have  been  obtained.    Honor  to 
their  memories  1 


C 

I'EKSONAI,  A 

All  the  duparti 

td  to  great  advj 

of  their  administ 

as  Senator  at  ^ 

President;  Gove 

Mr.  John  Quinc 

Mr.  TV'illiain  II 

Treasury;  Mr.  t 

War;  Mr.  Smith 

relary  of  the  Ni 

master  General; 

General.     These 

partment,  and  it 

any  government, 

more  talent  and 

decorum,  moro  p 

mass  of  informatic 

ness,  than  was  con 

names.    The  legis 

impressive.    Tho  i 

eminent  men  who 

services  in  tho  fe 

and  some  of  then 

history.    From  N( 

King  and  Nathan  I 

Mr.  Harrison  Graj 

Mr.  Macon  and  Go' 

tho  two  Governor! 

Pleasants ;   from 

Gaillard,  so  often 

tempore,  of  tho  I 

Smith;  from  Rhod 

ter;  from  Kentuck; 

fion;   from  Louisiai 

Governor  Ilcnry  Jc 


TIIIRTY    YKAllS'    VIEW. 


CHAPTER    T. 

I'EUSONAL  ASPECT  OF  THE  OOVEl'.NMENT. 

All  the  departments  of  the  government  api)ear- 
cd  to  great  advantage  in  the  personal  character 
of  theu'  administrators  at  the  time  of  my  arrival 
as  Senator  at  Washington.  Mr.  Monroe  was 
President;  Governor  Tompkins,  Vice-President ; 
Mr.  John  Quincy  Adams,  Secretary  of  State; 
Mr.  William  II.  Crawford,  Secretary  of  the 
Treasury;  Mr.  John  C.  Calhoun,  Secretary  at 
War ;  Mr.  Smith  Thompson,  of  New- York,  Sec- 
retary of  the  Navy ;  Mr.  John  McLean,  Post- 
master General ;  William  Wirt,  Esq.,  Attorney 
General.  These  constituted  tho  Executive  De- 
partment, and  it  would  be  difficult  to  find  in 
any  government,  in  any  country,  at  any  time, 
more  talent  and  experience,  more  dignity  and 
decorum,  more  purity  of  private  life,  a  larger 
mass  of  information,  and  more  addiction  to  busi- 
ness, than,  was  comprised  in  this  list  of  celebrated 
names.  The  legislatiro  department  was  equally 
impressive.  Tho  Senate  presented  a  long  list  of 
eminent  men  who  had  become  known  by  their 
services  in  tho  federal  or  State  governments, 
and  some  of  them  connected  with  its  earliest 
history.  From  New-York  there  were  Mr.  llufus 
King  and  Nathan  Sanford ;  from  Massachusetts, 
Mr.  Harrison  Gray  Otis ;  from  North  Carolina, 
Mr.  Macon  and  Governor  Stokes ;  from  Virginia, 
tho  two  Governors,  James  liarbour  and  James 
Pleasants;  from  South  Carolina,  Mr.  John 
Gaillard,  so  often  and  so  long  President,  pro 
tempore,  of  tho  Senate,  and  Judgo  William 
Smith ;  from  Rhode  Island,  Mr.  William  Ilun- 
ter ;  from  Kentucky,  Colonel  Richard  M.  John- 
eon;  from  Louisiana,  Mr.  James  Brown  and 
Governor  Ilcnry  Johnson  ;  from  Maryland,  Mr. 


William  Pinkney  and  Governor  Edward  Lloyd ; 
from  New  Jersey,  Mr.  Samuel  L.  Southard ; 
Colonel  John  Williams,  of  Tenncs.see  ;  William 
K.  King  and  Judgo  AValker,  from  Alabama; 
and  many  others  of  later  date,  afterwards  be- 
coming eminent,  and  who  will  be  noted  in  their 
places.  In  the  House  of  Representatives  there 
was  a  great  array  of  distinguished  and  of  busi- 
nci-s  talent.  Mr.  Clay,  Mr.  Randolph,  Mr. 
Lowndes  were  there.  Mr.  Henry  Baldwin  and 
Mr.  John  Sergeant,  from  Pennsylvania;  Jlr. 
John  W.  Taylor,  Speaker,  and  Henry  StoiTS, 
from  New-York ;  Dr.  Enstis,  of  revolutionary 
memory,  and  Nathaniel  Silsbee,  of  Massachu- 
setts ;  Mr.  Louis  McLane,  from  Delaware ;  Gen- 
eral Samuel  Smith,  from  Maryland ;  Mr.  William 
S.  Archer,  Mr.  Philip  P.  Barbour,  General  John 
Floyd,  General  Alexander  Smythe,  Mr.  John 
Tyler,  Charles  Fenton  Mercer,  George  Tucker, 
from  Virginia;  Mr.  Lewis  Williams,  who 
entered  the  House  young,  and  remained  long 
enough  to  be  called  its  "Father,"  Thomas  II. 
Hall,  Weldon  N.  Edwards,  Governor  Ilutchins 
G.  Burton,  from  North  Carolina;  Governor 
Earlo  and  Mr.  Charles  Pinckncy,  from  South 
Carolina ;  Mr.  Thomas  W.  Cobb  and  Governor 
George  Gilmer,  from  Georgia ;  Messrs.  Richard 
C.  Anderson,  Jr.,  David  Trimble,  George  Robert- 
son, Benjamin  Hardin,  and  Governor  Metcalfe, 
from  Kentucky ;  Mr.  John  Rhea,  of  revolution- 
ary service.  Governor  Ncw^ton  Cannon,  Francis 
Jones,  General  John  Cocke,  from  Tennessee ; 
Messrs.  John  W.  Campbell,  John  Sloan  and 
Henry  Bush,  from  Ohio ;  Mr.  William  Hen- 
dricks, from  Indiana;  Thomas  Butler,  from 
Louisiana ;  Daniel  P.  Cook,  from  Illinois ;  John 
OrowcU,  from  Alabama ;  Mr.  Christopher  Ran- 
kin, from  Mississippi ;  and  a  great  many  othet 
business  men  of  worth  and  character  from  the 


8 


THIIITY  YFLVRS"  VIEW, 


(liflercnt  States,  constitulinj?  a  national  rcprc- 
Hcntftf ion  of  prcat  wtiKlit,  eflicicncy  and  dfconiin. 
The  Supreme  Court  was  still  presided  over  liy 
Chief  Justice  Marshall,  almost  septua^reuarian, 
and  still  in  the  vif^r  of  liis  intclltct,  associated 
with  Mr.  Justice  Story,  Mr.  Justice  Johnson,  of 
South  Carolina,  ^Ir.  Justice  Duval,  and  Mr. 
Justice  Washington,  of  Viririnia.  Thus  all  the 
departments,  and  all  the  branches  of  the  govern- 
ment, were  ahly  and  decorously  filled,  and  the 
friends  of  pojjular  representative  institutions 
might  contemplate  their  administration  with 
pride  ami  pleasine,  and  challenge  their  com- 
parison with  any  govcrninont  in  the  world. 


CHAPTEll    TI. 

ADMISSION  OK  TIIE  ST.VTIv  OF  MISSOi:!!!. 

This  was  the  exciting  and  agitating  question  of 
the  session  of  1820-'21.  The  question  of  re- 
Btriction,  that  is,  of  prescribing  the  abolition  of 
slavery  within  her  limits,  had  been  "compro- 
mised "  the  session  before,  by  agreeing  to  admit 
the  State  without  restriction,  and  abolishing  it  in 
;ill  the  remainder  of  the  province  of  Louisiana, 
north  and  west  of  the  State  of  Slissouri,  and 
north  of  the  parallel  of  30  degrees,  30  minutes. 
This  "compromise"  was  the  work  of  the  South, 
sustained  by  the  united  voice  of  Mr.  Monroe's 
cabinet,  the  united  voices  of  tho  Southern  sena- 
tors, and  a  majority  of  the  Southern  representa- 
tives. The  unanimity  of  the  cabinet  has  been 
shown,  impliedly,  by  a  letter  of  Mr.  Monroe, 
and  positively  by  the  Diary  of  Mr.  John  Quincy 
Adams.  The  unanimity  of  the  slave  States  in  the 
Senate,  where  the  measure  originated,  is  shown  by 
its  journal,  not  on  the  motion  to  insert  the  section 
constituting  the  compromise  (for  on  that  motion 
the  yeas  and  nays  were  not  taken),  but  on  the 
motion  to  strike  it  out,  when  they  were  taken, 
and  showed  30  votes  for  the  compromise,  and  15 
against  it — every  one  of  the  latter  from  non- 
slaveholding  States — the  former  comprehending 
every  slave  State  veto  present,  and  a  few  from 
the  North.  As  the  constitutionality  of  this 
compromise,  and  its  binding  force,  have,  in  these 
latter  times,  begun  to  be  disputed,  it  is  well  to 
give  the  list  of  the  senators  names  voting  for  it, 


that  it  may  Iw  seen  that  they  were  men  of  judg- 
ment and  weight,  able  to  know  what  the  const! 
tution  was,  ami  not  apt  to  violate  it.  They  were 
Governor  Barlwur  and  Governor  Pleasants,  ol 
Virginia;  Mr.  James  Brown  and  Governor 
Ifenry  Johnson,  of  Louisiana;  Governor  Ed- 
wards and  Judge  Jc8.se  B.  Thomas,  of  Illinois; 
Mr.  Elliott  and  Jlr.  Walker,  of  Georgia;  Mr. 
Gaillard,  President,  pro  tempore,  of  the  Senate 
and  Judge  William  Smith,  from  South  Carolina 
Mcssis,  Horsey  and  Van  Dyke,  of  Delaware ; 
Colonel  Richard  M.  Johnson  and  Judge  Logan, 
from  Kentucky;  Mr.  William  E.  King,  since 
Vice-President  of  the  United  States,  and  Judge 
John  W.  Walker,  from  Alabama ;  Messrs.  Leako 
and  Thomas  IL  Williams,  of  Mi.ssissippi ;  Gov- 
ernor Edward  Lloyd,  and  the  great  jurist  and 
orator,  William  Pinkney,  from  Maryland ;  3Ir. 
JIacon  and  Governor  Stokes,  from  North  Caro- 
lina; Messrs.  Walter  Lowrio  and  Jonathan 
Roberts,  from  Pennsylvania;  Mr.  Noble  and 
Judge  Taylor,  from  Indiana ;  Mr.  Palmer,  from 
Vermont;  Mr.  Parrott,  from  New  Ilampshira 
This  was  the  vote  of  the  Senate  for  the  compro- 
mise. In  the  House,  there  was  some  division 
among  Southern  members ;  but  the  whole  vote 
in  favor  of  it  was  134,  to  42  in  the  negative — the 
latter  comprising  some  Northern  members,  as 
the  former  did  a  majority  of  the  Southern — 
among  them  one  whose  opinion  had  a  weight 
never  exceeded  by  that  of  any  other  American 
statesman,  William  Lowndes,  of  South  Carolina. 
This  array  of  names  shows  the  Missouri  com- 
promise to  havo  been  a  Southern  measure,  and 
the  event  put  the  seal  upon  that  character  by 
showing  it  to  bo  acceptable  to  the  South.  But 
it  had  not  allayed  the  Northern  feeling  against 
an  increase  of  slave  States,  then  openly  avowed 
to  be  a  question  of  political  power  between  the 
two  sections  of  the  Union.  The  State  of  Mis- 
souri made  her  constitution,  sanctioning  slavery, 
and  forbidding  the  legislature  to  interfere  with  it. 
This  prohibition,  not  usual  in  State  constitutions, 
was  the  effect  of  the  Missouri  controversy  and 
of  foreign  interference,  and  was  adopted  for  the  1 
sake  of  peace — for  the  sake  of  internal  tranquil- 
lity— and  to  prevent  the  agitation  of  the  slave 
question,  which  could  only  be  accomplished  by 
excluding  it  wholly  from  the  forum  of  elections 
and  legislation.  I  was  myself  the  instigator  of 
that  prohibition,  and  the  cause  of  its  being  put 
into  the  constitution — though  not  a  member  of 


I  t!ic  con  vcntion — U 
|n>:itation  and  to  s 
InNo  a  clau.se  in  it, 
ll'rohibit  the  emigi 
linto  the  State  ;  an 
I  in  Congress  to  rcsi 
lit  was  treated  as  ; 
JfiHleral    constitutio 
Iprivilcgos  in  all 
livery  State,  of  wl 
Icmigration  was  on 
■being  admitteil   to 
■States,  tiii.s  prohibi 
■to  be  a  violation  of 
tons.    But  the  real 
•lavery  clause,  and 
|tlio  State,  which  it 
perpetuate.    The  co 
lier  application  for  a 
\icT  late  delegate  ar 
John  Scott ;  and  on 
select  committee. 
Carolina,  Mr.  John 
nd  General  Samuel 
kppointed    the  comn 
being  from  slave  Stat 
|y  reported  in  favor  o: 
put  the  majority  of  t 
s-ay,  the  resolution  w 
ly  a  clear  slavery  a 
l.xceptions  being  but 
If  admission,  and  coi 
ficir  own  State.     Th( 
If  Massachusetts,  and 
llr.  Bernard  Smith, 
Icnate,  the  applicatio 
iinilar  fate.    The  con 
Jommittee  of   three, 
Imith,  of  South  Carol: 
Ihodo  Island,  and  M 
pia,  a  majority  of  who 
resolution  of  admi 
Jassed  the  Senate — Me 
'  Maine,  voting  with 
bt  was  rejected  in  t 
kcs.    A  second  reso 
used  the  Senate,  and 
louse.    A  motion  wai 
'  Mr.  Clay  to  raise  a 
|ith  any  committee  w 
■  the  Senate,  "  to  co: 
bate  and  the  House 


ANNO  1820.    JAMES  MONROR,  PRESIDKNT. 


9 


!  Senate 
'arolina 
clawaic ; 
;e  Logan, 
ng,  since 
nd  Judge 
rs.  Leako 
pi;  Gov- 
urist  and 
and;  Mr. 
rth  Caro- 
Jonathan 
^oble  and 
mer,  from 
[ampshirCL 
ic  compro- 
ic  division 
yhole  vote 
lative — the 
imbers,  aa 
outhern — 
weight 
American 
Carolina, 
iouri  com- 
isure,  and 
racter  by 
,th.    But, 
g  against 
avowed 
_;wcen  the 
«  of  Mis- 
slavery, 
with  it. 
ititutions, 
rersy  and 
for  the 
tranquil- 
the  slava 
[ished  by 
elections 
|igator  of 
iing  put 
imber  of 


I  the  convention — In'ing  erjiially  opposed  to  slavery 
IdK'itation  and  to  shivery  extension.     Thcra  was 
InNo  a  clause  in  it,  authorizing  the  legislature  to 
Itirohibit  the  emigration  of  free  people  of  color 
(into  the  State  ;  and  this  clause  was  laid  hold  of 
|in  Congress  to  resist  the  adinission  of  the  State. 
lit  was  treat(!d  as  a  breach  of  that  clause  in  the 
Ifcderal    constitution,    which    guarantees  equal 
Iprivilegcs  in  all   the  States  to  the  citizens  of 
livery  State,  of  which  privileges  tho  right  of 
emigration  was  one ;  and  free  jicople  of  color 
being  admitted  to  citizenship  in  some  of  the 
States,  this  prohibition  of  emigration  was  held 
0  be  a  violation  of  that  privilege  in  their  pcr- 
ons.    But  the  real  point  of  objection  was  the 
lavery  clause,  and  tho  existence  of  slavery  in 
he  Slate,  which  it  sanctioned,  and  seemed  to 
rpctuate.    The  constitution  of  the  State,  and 
er  application  for  admission,  was  presented  by 
ler  late  delegate  and  representative  elect,  Mr. 
ohn  Scott ;  and  on  his  motion,  was  referred  to 
select  committee,    ilr.  Lowndes,   of  South 
arolina,  Mr.  John  Sergeant,  of  Pennsylvania, 
id  General  Samuel  Smith,  of  Maryland,  were 
ppointed    tho  committee;    and    tho  majority 
cing  from  slave  States,  a  resolution  was  quick- 
ly reported  in  favor  of  the  admission  of  the  State, 
ut  the  majority  of  the  House  being  the  other 
ay,  the  resolution  was  rejected,  79  to  83 — and 
ly  a  clear  slavery  and  anti-slavery  vote,  the 
xceptions  being  but  three,  and  they  on  the  side 
f  admission,  and  contrary  to  the  sentiment  of 
licir  own  State.    They  were  Mr.  Henry  Shaw, 
if  Massachusetts,  and  General  Bloomfield  and 
jr.  Bernard  Smith,  of  New-Jersey.    In  the 
lenate,  the  application  of  tho   State  shared  a 
milar  fate.    The  constitution  was  referred  to  a 
ramittce  of    three,  Messrs.    Judge    William 
mith,  of  South  Carolina,  Mr.  James  Burrill,  of 
hodo  Island,  and  Mr.  Macon,  of  North  Caro- 
iia,  a  majority  of  whom  being  from  slave  States, 
resolution  of  admission  was  reported,  and 
issed  the  Senate — Messrs.  Chandler  and  Holmes 
Maine,  voting  with  the  friends  of  admission ; 
t  was  rejected  in  the  House  of  Rcprescnta- 
cs.    A  second  resolution  to  the  same  effect 
scd  the  Senate,  and  was  again  rejected  in  the 
o\isc.    A  motion  was  then  made  in  the  House 
Mr.  Clay  to  raise  a  committee  to  act  jointly 
|ith  any  committee  which  might  bo  appointed 
the  Senate,  "to  consider  and  report  to  the 
nate  and  the  House  respectively,  whether  it 


!)c  expedient  or  not,  to  make  pro\ision  for  the 
ailmission  of  Missouri  into  the  I'liion  on  tho 
same  footing  as  the  original  Sfate>i,  and  for  the 
due  execution  of  tho  laws  of  the  United  ."^tafes 
within  Missouri  7  and  if  not.  wheth  t  any  other, 
and  what  provision  adapte<l  to  her  a<'tual  condi- 
tion ought  to  l>o  made  by  law."     This  motion 
was  adopte<l   by  a  majority  of  nearly  two  to 
one — 101  to  55 — which  shows  a  large  vote  in  its 
favor  from  the  non-slaveholding  States.  Twenty- 
three,  being  a  number  cqtial  to  the  nuiuber  of 
tho  States,  were  then  appointed  on  the  part  of 
the  House,  and  were ;  Messrs.  Clay,  Thomas  "W. 
Cobb,  of  Georgia;  Mark  Langdon  Hill,  of  Ma.s- 
sachusetts ;    Philip  P.  Barbour,  of    Virginia ; 
Henry  11.  Storrs,  of  New-York;  John  Cocke, 
of  Tennessee,  Christopher  Rankin,  of  Mi.ssi.ssippi; 
William  S.  Archer,  of  Virginia ;  AVilliam  Brown, 
of  Kentucky  ;  Samuel  Eddy,  from  Rhode  Island ; 
William  D.  Ford,  of  New-York ;  William  Cul- 
breth,  Aaron  llacklcy,  of  New- York ;   Sanmel 
Moore,  of  Pennsylvania,  James  Stevens,  of  Con- 
necticut ;  Thomas  J.  Rogers,  from  Pennsjivania ; 
Henry  Southard,  of  New- Jersey;   John  Ran- 
dolph; James  S.  Smith,  of   North  Carolina; 
William  Darlington,  of  Pennsylvania;  Nathaniel 
Pitcher,  of  New- York ;  John  Sloan,  of  Ohio,  and 
Henry  Baldwin,  of  Pennsylvania.    The  Scnato 
by  a  vote  almost  unanimous — 29  to  7 — agreed 
to  the  joint  committee  proposed  by  tho  llotiso 
of  Representatives ;  and  Messrs.  John  Holmes, 
of  Maine ;  James  Barbour,  of  Virginia ;  Jon.v 
than  Roberts,  of  Pennsylvania ;  David  L.  Mor- 
ril,  of  New-Hampshire ;  Samuel  L.  Southard,  of 
New-Jersey ;  Colonel  Richard  M.  Johnson,  of 
Kentucky ;  and  Rufus  King,  of  New- York,  to 
be  a  committee  on  its  part.     The  joint  commit- 
tee acted,  and  soon  reported  a  resolution  in  favor 
of  the  admission  of  the  State,  upon  tho  condition 
that  her  legislature  should  first  declare  that  tho 
clause  in  her  constitution  relative  to  the  frco 
colored  emigration  into  the  State,  should  never 
be  construed  to  authorize  the  passage  of  any  act 
by  which  any  citizen  of  either  of  tho  States  of 
the  Union  should  be  excluded  from  the  enjoy- 
ment of  any  privilege  to  which  he  may  be  enti- 
tled under  the  constitution  of  tho  United  States ; 
and  the  President  of  tho  United  States  being 
furnished  with  a  copy  of  said  act,  should,  by 
proclamation,  declare  the  State  to  be  admitted. 
This  resolution  was  passed  in  the  House  by  a 
close  vote — 80  to  82 — several  members  from 


10 


THIRTY  YEARS'  VIEW, 


non-HlavchoIding  States  voting  for  it.  In  the 
Senate  it  was  passed  by  two  to  one — 28  to  14; 
and  the  rccpiircd  declaration  having  been  soon 
niado  by  the  GeniTal  Assembly  of  MiKSOuri,  and 
communicated  to  the  President,  his  proclamation 
was  issued  aocordinply,  and  the  State  a<lniitted. 
And  thus  ended  the  "'  Missouri  controversy,"  or 
that  form  of  the  slavery  question  which  under- 
took to  restrict  a  State  from  the  privilcj>;o  of 
having  sla\es  if  slic  chose.  Tho  question  itself, 
under  other  forms,  has  survived,  and  still  sur- 
vives, but  not  under  the  formidable  aspect  which 
it  wore  during  that  controversy,  when  it  divided 
Congress  geographicallj',  and  uj)on  the  slave  lino. 
Tho  real  struggle  wius  political,  and  for  the 
balance  of  power,  as  frankly  declared  by  Mr. 
Rufus  King,  who  disdained  dissimulation  ;  and 
in  that  struggle  the  non-sliiveholding  States, 
though  defeated  in  tho  State  of  Missouri,  were 
successful  in  producing  tho  "compromise,"  con- 
ceived and  passed  as  a  Southern  measure.  The 
resistance  made  to  tho  admission  of  the  State  on 
account  of  the  clause  in  relation  to  free  people 
of  color,  was  only  a  mask  to  the  real  cause  of 
opposition,  and  has  since  shown  to  be  so  by  the 
facility  with  which  many  States,  then  voting  in 
a  body  against  the  admission  of  Missouri  on  that 
account,  now  exclude  the  whole  class  of  the  free 
colored  emigrant  population  from  their  borders, 
and  without  question,  by  statute,  or  by  consti- 
tutional amendment.  For  a  while  this  formida- 
ble Missouri  question  threatened  the  total  over- 
throw of  all  i)oliticaI  parties  upon  principle,  and 
tho  substitution  of  geographical  parties  discrimi- 
nated by  tho  slave  line,  and  of  course  destroying 
the  just  and  proper  action  of  the  federal  govern- 
ment, and  leading  eventually  to  a  separation  of 
tho  States.  It  was  a  federal  movement,  accru- 
ing to  the  benefit  of  that  party,  and  at  first  was 
overwhelming,  sweeping  all  tho  Northern  de- 
mocracy into  its  current,  and  giving  the  supre- 
macy to  their  adversaries.  When  this  effect 
was  perceived  the  Northern  democracy  became 
alarmed,  and  only  wanted  a  turn  or  abatement 
in  tho  popular  feeling  at  homo,  to  take  the  first 
opportunity  to  get  rid  of  tho  question  by  ad- 
mitting the  State,  and  re-establishing  party  lines 
upon  tho  basis  of  political  principle.  This  was 
the  decided  feeling  when  I  arrived  at  Washing- 
ton, and  many  of  the  old  Northern  democracy 
took  early  opportunities  to  declare  themselves 
to  me  to  that  efl'cct,  and  showed  that  they  were 


ready  to  vote  the  admission  of  tho  State  in  on*  I 
form  which  would  answer  tho  purpose,  and  savjl 
themselves  from  going  so  far  as  to  lose  thtirl 
own  States,  and  give  tho  ascendant  to  their  po 
litical  adversaries.    In  the  Senate,  Messrs.  Ix)\v 
He  and  Roberts,  from  Pennsylvania ;  Messrs! 
Morril    and    Parrott,    frf)m    New-Hampshire  ;| 
Messrs.  Chandler  and    Holmes,  iVom  Maine; 
Mr.  William  Hunter,  fVom  Rhode  Island;  anul 
Mr.  Southard,  from  New- Jersey,  were  of  thall 
class ;  and  I  cannot  refrain  from  classing  withl 
them  Messrs.  Horsey  and  Vandyke,  from  Dela-I 
ware,  which,  though  counted  as  a  slave  State,  yct| 
from  its  isolated  and  salient  position,  and  small 
number  of  slaves,  seems  more  justly  to  belonj 
to  the  other  side.    In  the  House  tho  vote  ofl 
nearly  two  to  one  in  favor  of  Mr.  Clay's  resolu- 
tion for  a  joint  committee,  and  his  being  allowedl 
to  make  out  his  own  list  of  tho  House  commitT 
tee  (for  it  was  well  known  that  he  drew  up  tlicl 
list  of  names  himself,  and  distributed  it  througM 
the  House  to  be  voted),  sufBciently  attest  1;l'el 
temper  of  that  body,  and  showed  tho  determiiia*! 
tion  of  tho  great  majority  to  have  the  questioii| 
settled.    Mr.  Clay  has  been  often  compliment 
as  the  author  of  tho  "  compromise  "  of  1820,  id 
spite  of  his  repeated  declaration  to  the  contraryl 
that  measure  coming  from  the  Senate ;  but  he  m 
the  undisputed  author  of  the  final  settlement  ofl 
the  Missouri  controversy  in  the  actual  admissiool 
of  the  State.    He  had  many  valuable  coadjutors] 
from  the    North — Baldwin,  of  Pennsylvania 
Storrs  and  Meigs,  of  New-York  j  Shaw,  of  Ma 
sachusetts:  and  he  had  also  some  opponentil 
from  the  South — members  refusing  to  vote  fo| 
the  "  conditional "  admission  of  tho  State,  hold 
ing  her  to  be  entitled  to  absolute  admission- 
among  them  Mr.  Randolph.    I  have  been  minuU 
in  stating  this  controversy,  and  its  settlemenlj 
deeming  it  advantageous  to  tho  public  intere^ 
that  history  and  posterity  should  see  it  in  th 
proper  point  of  view ;  and  that  it  was  a  politic 
movement  for  tho  balance  of  power,  balked  b| 
the  Northern  democracy,  who  saw  their  ov 
overthrow,  and  the  eventual  separation  of  tb 
States,  in  tho  establishment  of  geographical  pa 
ties  divided  by  a  slavery  and  anti-slavery  line. 


CUA 

riSANCE3.-KEI 

The  distress  of  tho 
government.  Small 
diture  then  was,  onl; 
pf  dollars  (including 
jient  or  incidental  ob 
lor  the  revenues  of  tl 
Jrous  period,    Rcdu( 

came  the  resort,  ai 

olicy  in  all  times — 

Ihc  forced  policy  of  t 

|ar  army  was  the  firs 

vhich  tho  reduction 

vaa  reduced  nearly 

!,000  men.    The  nav 

Appropriation  of  on( 

eing  reduced  to  half 

pen  and  armament  ( 

ho  like  process.     R( 

blace  at  many  other 

pen  of  a  clerkship  ol 

^ttorney  General,  w 

clow  the  economica 

kfler  all  a  loan  beca 

president  was  authori: 

dollars.  The  sun 
ben  to  be  raised  for 
^cnt,  small  as  it  no\ 
Duble  the  amount  re 
fcnses  of  the  govcmi 
cnse  of  its  administr 
Jachinery.  More  tha 
■  incidental  objects,  1 
Irest  of  the  public  del 
radual  increase  of  th 
bns,  one  and  a  hal 
800,000 ;  arms,  muni 
pall  items,  about  two 
dole  about  eleven  mi 
Ipense  of  keepmg  tl 
Dnt  in  operation,  aboi 
Id  which  was  reduci 
Jns  after  the  reduc 
lectcd.  A  sum  of  on 
Id  above  the  estim; 
Ivernment,  was  alwaj 


AXXO  182a    JAME8  MONROE,  nUlslDK.XT 


1) 


CUAPTEU   III. 

FINANCE9.-KEDUCTI0N  OP  THE  ARMY. 

riiE  distress  of  tho  country  became  that  of  the 
covcmment.    Small  as  tho  government  expen- 
diture then  was,  only  about  twenty-one  millions 
pf  dollars  (including  eleven  millions  for  perma- 
nent or  incidental  objects),  it  was  still  too  great 
lor  the  revenues  of  the  government  at  this  disas- 
trous period.    Reductions  of  expense,  and  loans, 
came  the  resort,  and  economy — that  virtuous 
olicy  in  all  times — became  the  obligatory  iind 
Ihc  forced  policy  of  this  time,    Tho  small  regu- 
lar army  was  the  first,  and  the  largest  object  on 
s-liich  tho  reduction  fell.    Small  as  it  was,  it 
Koa  reduced  nearly  one-half — from  10,000  to 
6,000  men.    The  navy  felt  it  next — the  annual 
Appropriation  of  one  million  for  its  increase 
cing  reduced  to  half  a  million.    The  construc- 
tion and  armament  of  ibrtifications  underwent 
ho  like  process.    Reductions  of  expense  took 
klace  at  many  other  points,  and  even  the  aboli- 
ion  of  a  clerkship  of  $800  in  the  office  of  the 
Attorney  General,  was  not  deemed  an  pbject 
clow  the  economical  attention  of   Congress. 
Liler  all  a  loan  became  indispensable,  and  the 
President  was  authorized  to  borrow  five  millions 
dollars.    The  sum  of  twenty-one  millions 
hen  to  be  raised  for  the  service  of  the  govern- 
jicnt,  small  as  it  now  appears,  was  more  than 
ouble  the  amount  required  for  the  actual  ex- 
lenses  of  tho  government — for   the  actual  ex- 
pnse  of  its  administration,  or  the  working  its 
Machinery.    More  than  half  went  to  permanent 
-  incidental  objects,  to  wit :  principal  and  in- 
Ircst  of  the  public  debt,  five  and  a  half  millions ; 
radual  increase  of  the  navy,  one  million ;  pen- 
pns,  one  and  a  half  millions ;  fortifications, 
|BGO,000 ;  arms,  munitions,  ordnance,  and  other 
Ball  items,  about  two  millions ;  making  in  the 
liole  about  eleven  millions,  and  leaving  for  the 
Jpense  of  keepbg  the  machinery  of  govern- 
cnt  in  operation,  about  ten  millions  of  dollars ; 
kd  which  was  reduced  to  less  than  nine  mil- 
Ins  after   the  reductions  of  this  year  were 
Iccted.    A  sum  of  one  million  of  dollars,  over 
Id   above  the  estimated  expenditure  of  the 
Ivernmcnt,  was  always  deemed  necessary  to  be 


provided  and  left  in  the  treasury  to  meet  con* 
tinfrcncics — a  sum  which,  though  small  in  itself, 
was  alisolutfly  unnecessary  fur  that  pur|>oso, 
and  the  necessity  for  which  was  fuumlcil  in  thu 
mistaken  idea  that  the  government  exiK>nd)( 
every  year,  within  tho  year,  the  amount  of  its 
income.  This  is  entirely  fallacious,  and  never  did 
and  never  can  take  place ;  fur  a  lar(;c  portion  of 
tho  government  payments  accruing  within  the  lat- 
ter quarters  of  any  year  arc  not  paid  until  the  next 
year.  And  so  on  in  every  quarter  of  every  year. 
The  sums  becoming  payable  in  each  quarter 
being  in  many  instances,  and  from  the  nature  of 
^  tho  service,  only  paid  in  tho  next  quarter,  while 
new  revenue  is  coming  in.  This  process  regu- 
larly going  on  always  leaves  a  balance  in  tho 
treasury  at  tho  end  of  the  year,  not  called  for 
until  the  beginning  of  the  next  year,  and  when 
there  is  a  receipt  of  money  to  meet  tho  demand, 
even  if  there  had  been  no  balance  in  hand. 
Thus,  at  tho  end  of  tho  year  1820,  one  of  the 
greatest  depression,  and  when  demands  pressed 
most  rapidly  upon  the  treasury,  there  was  a 
balance  of  above  two  millions  of  dollars  in  the 
treasury — to  be  precise,  $2,070,607  14,  being 
one-tenth  of  the  annual  revenue.  In  prosperous 
years  the  balance  is  still  larger,  sometimes 
amounting  to  the  fourth,  or  tho  fifth  of  the  an- 
nual revenue ;  as  may  be  seen  in  the  successive 
annual  reports  of  tho  finances.  There  is,  there* 
fore,  no  necessity  to  provide  for  keeping  tny 
balance  as  a  reserve  in  the  treasury,  though  in 
later  times  this  provision  has  been  carii.  d  up  to 
six  millions — a  mistake  which  economy,  the 
science  of  administration,  and  the  purity  of  the 
government,  requires  to  be  corrected. 


C  H  A  P  T  E  It   J  V 

EELIEF  OF  PUBLIC  LAND  DEBTOKa 

Distress  was  the  cry  of  the  day ;  relief  tho 
general  demand.  State  legislatures  were  occu- 
pied in  devising  measures  of  local  reUef ;  Con- 
gress in  granting  it  to  national  debtors.  Among 
these  was  the  great  and  prominent  class  of  the 
public  land  purchasers.  The  credit  system  then 
prevailed,  and  the  debt  to  the  government  had 


12 


THIRTV  YEARS'  VIEW. 


trciinni1ntf<l  to  twcnty-tlirco  millions  of  dollarR 
—a  larjrc  Rum  in  itwif,  but  enormous  when  con- 
siflcrofl  in  n-ffrcnec  to  the  jmyors,  </nly  a  small 
proponion  of  the  popiilafion,  and  they  chiefly 
the  inliahitnnts  of  the  new  States  and  territories, 
whose  re^otirees  were  few.  Their  situation  was 
(leploralile.  A  licavy  debt  to  pay,  and  lands 
already  partly  paid  for  to  be  forfeited  if  full 
payment  was  not  made.  The  system  was  this: 
the  land  was  sold  at  a  minimimi  price  of  two 
dollars  per  acre,  one  payment  in  hand  and  the 
remainder  in  four  annual  instalments,  with  for- 
feiture of  all  that  had  been  paid  if  each  succes- 
sive instalment  was  not  delivered  to  the  day. 
In  the  eap:erness  to  pi-ocurc  fresh  lands,  and 
stimulated  by  the  delusive  prosperity  which 
multitudes  of  banks  created  after  tho  war,  there 
was  no  limit  to  jjurchasers  except  in  the  ability 
to  make  the  first  payment.  That  being  accom- 
plished, it  was  left  to  tho  future  to  provide  for 
the  remainder.  Tho  banks  failed ;  money  van- 
ished; instalments  were  becoming  due  whicli 
could  not  be  met ;  and  the  opening  of  Congress 
in  November,  1820,  was  saluted  by  the  arrival 
of  memorials  from  all  the  new  States,  showing 
the  distress,  and  praying  relief  to  the  purchasers 
of  tho  public  lands.  The  President,  in  his  an- 
nual message  to  Congress,  deemed  it  his  duty  to 
bring  the  subject  before  that  body,  and  in  doing 
so  recommended  indulgence  in  consideration  of 
the  unfavorable  change  which  had  occurred 
since  the  sales.  Both  Houses  of  Congress  took 
up  the  subject,  and  a  measure  of  relief  was 
devised  by  the  Secretary  of  tho  Treasury,  Mr. 
Crawford,  which  was  equally  desirable  both  to 
the  purchaser  and  the  government.  The  prin- 
ciple of  the  relief  wiis  to  change  all  future  sales 
from  the  credit  to  the  cash  system,  and  to  reduce 
the  minimum  price  of  the  lands  to  one  dollar, 
twentj'-five  cents  per  acre,  and  to  give  all  pre- 
sent debtors  the  benefit  of  that  sj'stem,  by  al- 
lowing them  to  consolidate  payments  already 
made  on  different  tracts  on  any  particular  one, 
relinquishing  the  rest ;  and  allowing  a  discount 
for  ready  pay  on  all  that  had  been  entered, 
equal  to  the  difference  between  the  former  and 
present  minimum  price.  This  released  the  pur- 
chasers from  debt,  and  the  government  from  the 
inconvenient  relation  of  creditor  to  its  own  citi- 
Bcns.  A  debt  of  twenty-three  millions  of  dol- 
lars was  quietly  got  rid  of,  and  purchasers  were 
inabled  to  save  lands,  at  the  reduced  price,  to 


the  amoimt  of  their  payments  already  madci 
and  tlius  saved  in  all  coses  their  homes  an 
fields,  and  as  much  more  of  their  purchases  i 
they  were  able  to  pay  for  at  the  reduced  rati 
It  was  an  equitable  arrangement  of  a  difficiij 
subject,  and  lacked  but  two  features  to  make : 
perfect ;  _/ir«^  a  pre-emptive  right  to  all  fir>( 
settlers ;  an<l,  seconclly,  a  perio<Hcal  reduction  ol 
price  according  to  the  length  of  time  tho  lani 
should  have  been  in  market,  so  as  to  allow  oil 
different  prices  for    different  qualities,  and  tJ 
accomi)lish  in  a  reasonable  time  the  sale  of  tli| 
whole.     Applications  were  made  at  that  tin 
for  the  establishment  of  the  pre-emptive  system  j 
but  without  effect,  and,  apparently  without  xh 
prospect  of  eventual  success.    Not  even  a  repori 
of  a  committee  could  bo  got  in  its  favor — nothin| 
more  than  temporary  provisions,  as  special  iJ 
vers,  in  particular  circumstances.    But  perscvJ 
ranee  was  successful.    The  new  States  continued 
to  press  the  question,  and  finally  prevailed ; 
now  the  pre-emptive  principle  has  bccom^  j 
fixed  part  of  our  land  system,  permanently  'm 
corporated  with  it,  and  to  the  equal  advantaJ 
of  the  settler  and  the  government.    The  settia 
gets  a  choice  home  in  a  new  country,  due  to  iJ 
enterprise,  courage,  hardships  and  privations  il 
subduing  the  wilderness :  the  government  gets  I 
body  of  cultivators  whose  labor  gives  value  tl 
the  surrounding  public  lands,  and  whose  couragT 
and  patriotism  volunteers  for  the  public  defertj 
whenever  it  is  necessary.    The  second,  or  gradJ 
ation  principle,  though  much  pressed,  has  iigj 
yet  been  established,  but  its  justice  and  poll 
are  self-evident,  and  the  exertions  to  procure! 
should  not  be  intermitted  until  successful.    TlJ 
passage  of  this  land  relief  bill  was  attended 
incidents  which  showed  the  delicacy  of  meml 
at  that  time,  in  voting  on  questions  in  wbiij 
they  might  be  interested.    Many  members 
Congress  were  among  the  public  land  debtoij 
and  entitled  to  the  relief  to  be  granted.    Oi 
of  their  number.  Senator  William  Smith,  frcj 
South  Carolina,  brought  the  point  before 
Senate  on  a  motion  to  bo  exciii>ed  from  votiJ 
on  account  of  his  interest.    The  motion  to  excvj 
was  rejected,  on  the  ground  that  his  interest  1 
general,  in  common  •  vith  the  country,  and 
particular,  in  relation  to  hunself :  and  that 
constituents  were  entitled  to  the  benefit  of  i 
vote. 


hereon,"  accompanied 
blete  with  valuable  si 


AXNO  1920.    JAMES  MONROE,  PKESIDENT. 


13 


CHAPTER  v. 

OI;EOON  TEnuiTor.Y. 

The  session  of  1820-21  k  remarkable  as  being 
^lic  first  at  which  any  propoiiition  was  made  in 
Congress  for  the  occupation  and  settlement  of 
kur  territory  on  the  Columbia  River — the  only 
Lart  then  owned  by  the  United  States  on  the 
Pacific  coast.    It  \fPM  made  by  Dr.  Floyd,  a  rc- 
prcscntativo  from  Virginia,  an  ardent  man,  of 
rcat  ability,  and  decision  of  character,   and, 
Jfrom  an  early  rcside»iC0  in  Kentucky,  strongly 
Imbued  with  western  feelings,    lie  took  up  this 
Subject  with  the  energy  which  belonged  to  him, 
Lnd  it  required  not  only  cnercy,  but  courage,  to 
pmbrace  a  subject  which,  at  that  time,  seemed 
nore  likely  to  bring  ridicule  than  credit  to  its 
kdrocatc.    I   had  written  and  published  some 
Usays  on  the  subject  the  year  before,  which  he 
bad  read.     Two  gentlemen  (Mr.  Ramsay  Crooks, 
kf  New- York,  and  Mr.  Russell  Farnham,  of 
jilassachusetts),  who  had  been  in  the  employ- 
ncnt  of  Jlr.  John  Jacob  Astor  in  founding  his 
lolony  of  Astoria,  and  carrying  on  the  fur  trade 
In    the    northwest  coast  of  America,  were  at 
[Vashington  that  winter,  and  had  their  quarters 
[t  the  same  hotel  (Brown's),  where  Dr.  Floyd 
nd  I  had  ours.    Their  acquaintance  was  natu- 
lally  made  by  Western  men  like  us — in  fact.  I 
pew  them  before ;  and  their  conversation,  rich 
mformation  upon  a  new  and  interesting  coun- 
Iry,  was  eagerly  devoured  by  the  ardent  spirit 
If  Floyd.    He  resolved  to  bring  forward  the 
luestion  of  occupation,  and  did  so.    He  moved 
pr  a  select  committee  to  consider  and  report 
jpOD  the  subject.    The  committee  was  granted 
ly  the  House,  more  through  courtesy  to  u  re- 
pccted  member,  than  with  any  view  to  business 
bults.    It  was  a  committee  of  three,  himself 
hairman,  according  to  parliamentary  rule,  and 
|homas  Metcalfe,  of  Kentucky  (since  Governor 
the  State),  and  Thomas  V.  Swearingen,  from 
Tcstcm  Virginia,  for  his  associates — both  like 
Jmself  ardent  men,  and  strong  in  western  feel- 
They  reported  a  bill  within  six  days  after 
lie  committee  was  raised,  "  to  authorize  the  oc- 
ppation  of  the  Columbia  River,  and  to  regulate 
lade  and  intercourse  with  the  Indian  tribes 
kereon,"  accompanied  by  an  elaborate  report, 
kplete  with  valuable  statistics,  in  support  of  the 


roeasurv.    The  fur  trade,  the  A.»iatic  trade,  and 
the  preservation  of  our  own  territory,  were  the 
advantages  proposed.    The  bill  wa.s  treated  with 
the  parliamentary  courtesy  which  n.'8|icct  for 
the  ci^mntittcti  required :  it  was  rend  twice,  and 
committed  to  a  committee  of  the  whole  lIou.so 
for  the  next  day — most  of  the  members  not 
considering  it  a  serious   proceeding.    Nothing 
further  was  done  in  the  House  that  session,  but 
the  first  blow  was  struck :  public  attention  wa.s 
awakened,  and  the  geograplucal,  historical,  and 
statistical  facts  set  forth  in  the  rc])ort,  made  n 
lodgment  in  the  public  mind  which  promised 
eventual  favorable  consideration.    I  had  not  been 
admitted  to  my  seat  in  the  Senate  at  the  time, 
but  was  soon  after,  and  quickly  came  to  the 
support  of  Dr.  Floyd's  measure  (who  continued 
to  pursue  it  with  zeal  and  ability) ;  and  at  a 
subsequent  session  presented  some  views  on  the 
subject  wliich  will  bear  reproduction  at   this 
time.     The  danger.of  a  contest  with  Great  Bri- 
tain, to  whom  we  had  admitted  a  joint  posses- 
sion, and  who  had  already  taken  possession,  was 
Strongly  suggested,  if  we  delayed  longer  our  own 
occupation ;  "  and  a  vigorous  eflbrt  of  policy,  and 
perhaps  of  arms,  might  bo  neces.sary  to  break 
her  hold."    Unauthorized,  or  individual  occupa- 
tion was  intimated  as  a  consequence  of  govern- 
ment neglect,  and  what  has  since  taken  place 
was  foreshadowed  in  this  sentence :  "  mere  ad- 
venturers may  enter  upon  it,  as  .lUneas  entered 
upon  the  Tiber,  ind  as  our  forefathers  came 
upon  the  Potomac,  the  Delaware  and  the  Hud- 
sou,  and  renew  the  phenomenon  of  individuals 
layhig  the  foundation  of  a  future  empire."    The 
efl'ect  upon  Asia  of  the  arrival  of  an  American 
population  on  the  coast  of  the  Pacific  Ocean  was 
thus  exhibited :  "  Upon  the  people  of  Eastern 
Asia  the  establishment  of  a  civilized  power  on 
the  opposite  coast  of  America,  could  not  fail  to 
produce  great  and  wonderful  benefits.    Science, 
liberal  prinqiples  in  government,  and  the  true 
religion,  might  cast  their  lights  across  the  inter' 
vening  sea.    The  valley  of  the  Columbia  might 
become  the  granary  of  China  and  Japan,  and  an 
outlet  to  their  imprisoned  and  exuberant  popula- 
tion.   The  inhabitants  of  the  oldest  and  the 
newest,  the  most  despotic  and  the  freest  govern- 
ments, would  become  the  neighbors,  and  the 
friends  of  each  other.  To  my  mind  the  proposition 
is  clear,  that  Eastern  Asia  and  the  two  Americas, 
as  they  become  neighbors  should  become  friends 


14 


THIRTY  YEAIW  VIEW. 


I 


»!i'l  I  for  one  had  us  liof  wo  Amcrimn  miniHtors 
pfiinjr  to  tho  omiKTors  of  China  and  Japan,  to 
Iho  kinff  of  Persia,  and  even  to  the  Grand  Turk, 
iM  to  see  them  danrinp:  attendance  upon  those 
Kiiropoan    lejjitimates  who    liold    every  thing 
Anierirnn  in  contempt  and  detestation."    Thus 
I  f:p()kc ;  and  thi.s  I  behove  van  tho  first  time 
that  a  finppestion  for  scndinj?  ministers  to  the 
Oriental    nations  wa.s    publicly  made  in    the 
United  States.    It  was  then  a  "  wild  "  sugges- 
tion: it  is  now  history.    Hesidcs  the  preserva- 
tion of  our  own  territory  on  tho  Pacific,  the 
estnbhshment  of  a  port  there  for  the  shelter  of 
onr  commercial  and  military  marine,  the  protec- 
tion of  tho  fur  trade  and  aid  to  the  whaling 
vessels,  the  accomplishment  of  Jfr.  JcfTerson's 
idea  of  a  commercial  communication  with  Asia 
through  tho  heart  of  our  own  continent,  was 
constantly  insisted  upon  as  a  consequence  of 
planting  an  American  colony  at  the  mouth  of 
tho  Coliunbia.    That  man  of  large  and  useful 
idoas — that  statesman  who  could  conceive  mea- 
sures useful  to  all  mankind,  and  in  all  time  to 
come — was  the  first  to  propose  that  commercial 
communication,  and  may  also  bo  considered  the 
first  discoverer  of  the  Columbia  River.   His  philo- 
sophic mind  told  him  that  where  a  snow-clad 
mountain,  like  that  of  the  Kocky  Jlountains, 
shed  tho  waters  on  one  side  which  collected  into 
such  a  river  as  the  Jlissouri,  there  must  be  a 
corresponding  shedding  and  collection  of  waters 
on  tho  other ;  and  thus  he  was  perfectly  assured 
of  the  existence  of  a  river  where  the  Columbia 
baa  since  been  found  to  bo,  although  no  naviga- 
tor had  seen  its  mouth  and  no  explorer  trod  its 
banks.    His  conviction  was  complete;  but  the 
idea  was  too  grand  and  useful  to  be  permitted 
to  rest  in  speculation.    He  was  then  minister  to 
France,  and  the  famous  traveller  Ledyard,  hav- 
ing arrived  at  Paris  on  his  expedition  of  discov- 
ery to  tho  Nile,  was  prevailed  upon  by  Mr. 
JefTcrson  to  enter  i.^)on  a  fresher  aad  more  use- 
ful field  of  discovery.     He  proposed  to  him  to 
change  his  theatre  from  tho  Old  to  the  New 
World,  and.  proceeding  to  St.  Petersburg  upon 
a  passport  he  would  obtain  for  him,  he  should 
there  obtain  permission  from  the  Empress  Cath- 
arine to  traverse  her  dominions  in  a  high  north- 
ern latitude  to  their  eastern  extremity — cross 
the  sea  from  Kamschatka,  or  at  Behring's  Straits, 
and  descending  the  norihwest  coast  of  America, 
come  down  upon  the  river  which  must  head  op- 


posite tho  head  of  the  Misrauri,  a.sccnd  it  to  jiti 
Hounxs  in  tho  Rocky  Mountains,  and  then  follo»l 
the  Missouri  to  tho  French  settlements  on  wA 
Upper  Mississippi ;  and  thence  home.    It  wui 
magnificent  and  a  daring  project  of  discoTcrrf 
and  on  that  accoimt  the  more  captivating  to  tM 
ardent  spirit  of  Ledyard.    lie  undertook  il-l 
went  to  St.  Petersburg — received  tho  pcrmissioil 
of  tho  Empress— and  had  orrivcd   in  Sibcrjl 
when  ho  was  overtaken  by  a  revocation  of  thd 
permission,  and  conducted  as  a  spy  out  of  tf 
country.    Ho  then  re*  arned  to  Paris,  and 
sumed  his  original  design  of  that  exploration  ol| 
tho  Nile  to  its  sources  which  terminated  in 
premature  death,  and  deprived  tho  world  of  i 
young  and  adventurous  explorer,  from  who 
ardour,  courage,  perseverance  and  genius, 
and  useful  results  were  to  have  been  expcctc 
Mr.  Jefferson  was  balked  in  that,  his  first  i\\ 
tempt,  to  establish  the  existence  of  tho  Columbii 
River.    But  a  time  was  coming  for  him  to  underj 
take  it  under  better  auspices.    He  became  Pr 
sident  of  the  United  States,  and  in  that  charade 
projected  tho  expedition  of  Lewis  and  Clark 
obtained  tho  sanction  of  Congress,  and  sent  t!icii 
forth  to  discover  the  head  and  course  of  th 
river  (whoso  mouth  was  then  known),  for 
double  purpose  of  opening  an  inland  commcrcii 
communication  with  Asia,  and  enlarging  tii 
boundaries  of  geographical  science.    The  con 
mercial  object  was  placed  first  in  his  mcssagt 
and  as  the  object  to  legitimate  the  expedition 
And  thus  Mr.  Jefferson  was  the  first  to  proj 
the  North  American  road  to  India,  and  the  in 
trodnction  of  Asiatic  trade  on  that  road ;  and 
that  I  myself  have  either  said  or  written  on  thi 
subject  from  the  year  1819,  when  I  first  took 
up,  down  to  the  present  day  when  I  still  contei 
for  it,  is  nothing  but  the  fruit  of  the  seed  planij 
ed  in  my  mind  by  the  philosophic  hand  of  Jl( 
Jefferson.    Honor  to  all  those  who  shall  assii 
in  accomplishing  his  great  idea. 


CHAPTER    VI. 

FLOEIDA  TREATV  AND  CESSION  OP  TEXAS. 

I  WAS  a  member  of  the  bar  at  St.  Louis,  in  tiJ 
then  territory  of  Alissouri,  in  the  year  18li 


Itvht'n  tho  Washington  C 

llinown  tho  progress  of  th 

■which  was  signe<l  on  tho 

iMIoning,  and  whicli,  in  ac 

\v»y  Texas.    I  was  shock 

Urn  of  Texas,  and  tho  new 

jfor  tho  United  States  on 

:qui.sition  of  Florida  wa: 

Ion;;  sought,  and  sure  to  be 

tress  of  events ;  but  the  ne 

tutting  off  Texas,  dismemb 

Mississippi,  mutilated  two  i 

Ironght  a  foreign  dominioi 

Voiding),  to  tho  neighborh( 

Lnd  established  a  wildem 

klissouri  and  New  Mexicc 

|rade,  separate  their  inhabit; 

iriid  Indian  depredators  upc 

lerty  of  all  who  undertook 

Ihc  other.    I  was  not  then 

Lthing  to  do  with  political  i 

jince  the  whole  evil  of  this 

listantly  raised  my  voice  a 

liiblishcd  in  the  St.  Louis 

^liich  were  given,  in  adva 

;asons  against  giving  awav 

■ere  attcrwards,  and  by  so 

[t  the  expense  of  war  and  i 

[ircn  to  get  it  back.    I  de 

id  attacked  its  authors  anc 

iprccatcd  a  woe  on  the  1 

lould  continue  to  favor  it. 

[alley  of  the  Mississippi  is 

luntains,  springs  and  flood 

itcsmau  who  shall  underta 

rop  of  its  water,  one  inch 

)reign  power."    In  these  te 

lis  spirit  I  wrote,  before  1 

itified.    Mr.  John  Quincy 

iry  of  State,  negotiator  and 

the  treaty,  was  tho  states 

ly  censure  was  directed,  ar 

iccre  in  my  belief  of  his 

[ut  the  declaration  which  h 

the  floor  of  the  House,  a 

Insure  on  account  of  that 

pe  blame  on  the  majority  in 

let,  southern  men,  by  whose 

prcmed  in  ceding  Texas  and 

'Which  I  so  much  conde 

pthoritative  declaration,  I  au 

i  Senate,  the  honorable  ame 


ANNO  1820.     JAMIS  MONR(^F.  PRrstliKNT. 


13 


;XA8. 


Iivhtn  the  W«shin(rton  City  ncwspapcm  made 

Iknown  the  prop-t'ss  of  thni  treaty  with  Spain, 

|«-hich  WAfl  sipicfl  on  the  22(1  day  of  February 

If  jllowin?,  and  wliicli,  in  acquiring;  Florida,  |;^vc 

a»ay  Texas.    I  wa«  Jthocked  at  it— at  the  ccb- 

Lion  of  Texas,  and  the  new  boundaries  proposed 

Ifor  the  United  States  on  the  southwest.    The 

cquisition  of  Florida  was  a  desirnblo  object, 

kong  sought,  and  sure  to  bo  obtained  in  tho  pro- 

;rcs8  of  events ;  but  the  new  boundaries,  besides 

tutting  off  Texas,  dismembered  tho  valley  of  the 

Mississippi,  mutilated  two  of  its  noblest  rivers, 

Lroupht  a  foreign  dominion  (and  it  non-slavc- 

Voliling),  to  tho  neighborhood  of  Now  Orleans, 

knd  established  a  wilderness  barrier  between 

Missouri  and  New  Mexico — to  interrupt  their 

|ra(lc,  separate  their  inhabitants,  and  shelter  the 

irijd  Indian  depredators  upon  tho  lives  and  pro- 

«rty  of  all  who  undertook  to  pass  from  ono  to 

llic  other.    I  was  not  then  in  politics,  and  hod 

Uthing  to  do  with  political  affairs ;  but  I  saw  at 

knee  the  whole  evil  of  this  great  sr-crifice,  and 

istantly  raised  my  voice  against  it  in  articles 

kublishcd  in  tho  St.  Louis  newspapers,  and  in 

|rliich  were  given,  in  advance,  all  the  national 

(casons  against  giving  away  the  country,  which 

ircre  atlcrwards,  and  by  so  many  tongues,  and 

It  the  expense  of  war  and  a  hundred  millions, 

[ircn  to  get  it  back.    I  denounced  tho  treaty, 

nd  attacked  its  authors  and  their  motives,  and 

nprccated  a  woe  on  the  heads  of  those  who 

Ihould  continue  to  favor  it.    "The  magnificent 

lallcy  of  the  Mississippi  is  ours,  with  all  its 

puntains,  springs  and  floods;  and  woe  to  the 

atcsmau  who  shall  undertake  to  surrender  one 

Irop  of  its  water,  one  inch  of  its  soil,  to  any 

pign  power."    In  these  terms  I  spoke,  and  in 

his  spirit  I  wrote,  before  the  treaty  was  even 

Uificd.    Mr.  John  Quincy  Adams,  the  Secre- 

prr  of  State,  negotiator  and  ostensible  author 

'  the  treaty,  was  the  statesman  against  whom 

|iy  censure  was  directed,  and  I  was  certainly 

Mere  in  my  belief  of  his  great  culpability. 

|ut  the  declaration  which  he  afterwards  made 

the  floor  of  the  House,  absolved  him  from 

bsurc  on  account  of  that  treaty,  and  placed 

le  blame  on  the  majority  in  Mr.  Monroe's  cabi- 

jet,  southern  men,  by  whose  vote  he  had  been 

pvcmed  in  ceding  Texas  and  fixing  the  bound- 

'  which  I  so  much  condemned.    After  this 

bthoritative  declaration,  I  made,  in  my  place  in 

!  Senate,  the  honorable  amends  to  Mr.  Adams, 


which  was  equally  due  to  him  and  to  nijsolf. 
The  treaty  wa.s  sifrned  on  tho  anniversary  of 
tho  birth-lay  of  Watdiington,  am'  sent  to  tho 
Senate  the  same  day,  and  unanimously  ratitlcd 
ou  tho  next  day,  with  the  genorul  approbation 
of  the  countr}',  and  tho  warm  applause  of  tho 
newspaper  press.     This  unanimity  of  the  .Senate, 
and  applause  of  the  press,  made  no  iin|tression 
upon  me.    I  continue*!  to  assail  tho  treaty  and 
its  authors,  and  tho  more  bittcrlj',  because  tho 
official  correspondence,  when  priblished,  showed 
that  this  great  sacrifice  of  territory,  rivers,  and 
proper  boundaries,  was  all  gratuitous  and  volun- 
tary on  our  part — "  that  the  Spanish  F;otem- 
ment  had  offered  vs  viore  than  ice  accepted  ;  " 
and  that  it  was  our  policy,  and  not  hers,  which 
had  deprived  us  of  Texas  and  the  large  country, 
in  addition  to  Texas,  which  lay  between  tho  Red 
River  and  Upper  Arkansas.   This  was  on  enigma, 
tho  solution  of  which,  in  my  mind,  strongly 
connected  itself  with  the  Missouri  controversy 
then  raging  (1819)  with  its  greatest  violence, 
threatening  existing  political  parties  with  sub- 
version, and  tho  Union  with  dissolution.    My 
mind  went  there — to  that  controversy — for  the 
solution,  but  with  a  misdirection  of  its  applica- 
tion.   I  blamed  the  northern  men  in  Mr.  Mon- 
roe's cabinet:   tho  private  papers  of  General 
Jackson,  which  have  come  to  my  hands,  enable 
mo  to  correct  that  error,  and  give  me  an  inside 
view  of  that  which  I  could  only  see  on  the  out- 
side before.    In  a  private  letter  from  Mr.  Mon- 
roe to  General  Jackson,  dated  at  Washington, 
May  22d,  1820 — more  than  one  year  after  tho 
negotiation  of  the  treaty,  written  to  justify  it, 
and  evidently  called  out  by  Mr.  Clay's  attack 
upon  it — are  those   passages:    "Having   long 
known  the  repugnance  with  which  the  eastern 
portion  of  our  Union,  or  rather  some  of  those 
who  have  enjoyed  its  confidence  (for  I  do  not 
think  that  tho  people  themselves  have  any  inter- 
est or  wish  of  that  kind),  have  seen  its  aggran- 
dizement to  the  West  and  South,  I  have  been 
decidedly  of  opinion  that  we  ought  to  be  content 
with  Florida  for  the  present,  and  until  the  pub- 
lic opinion  in  that  quarter  shall  be  reconciled  to 
any  further  change.    I  mention  these  circum- 
stances to  show  you  that  our  difficulties  are  not 
with  Spain  alone,  but  are  likewise  internal,  pro- 
ceeding from  various  causes,  which  certain  men 
are  prompt  to  seize  and  turn  to  the  account  of 
their  own  ambitious  views."    This  paragraph 


f  ! 


16 


TIIIIITY  YEARS'  VIF.W 


fioin  Mr.  MonrrHi's  It-ttor  liflM  the  curtain  which 
ronci>nlv<l  tlio  wcrct  rtaiton  for  ceding  Texns— 
that  Kccrul  wliifh  explains  what  wan  incomprc- 
liinsihlf — our  liaving  refiist-d  to  acci'pt  om  much 
ns  Spain  liml  olllrwl.  Internal  didicullicH,  it 
wa.H  thus  shown,  liad  induced  that  refusal ;  and 
these  dinicullies  prcw  out  of  the  repugnance  of 
leading  men  in  the  northenut  to  see  the  further 
a^'K^ondi/.llnl•nt  of  the  Union  upon  the  South 
and  Wvst.  Tliis  repugnance  was  then  taiting 
an  ojierativc  form  in  the  whapc  of  the  Missouri 
contro\ersy  ;  and,  m  an  immediate  consequence, 
threatened  the  subversion  of  political  party  lines, 
and  the  introduction  of  the  slavery  question  into 
the  federal  elections  an<l  legislation,  and  bring- 
ing into  the  highest  of  those  elections— those  of 
President  and  Vice-President — a  test  which  no 
southern  candidate  could  stand.  Tlio  repug- 
nance in  the  northeast  was  not  merely  to  terri- 
torial aggrandizement  in  the  southwest,  bul.  to 
the  conscfiuent  extension  of  slavery  in  that  quar- 
ter; and  to  allay  tha^  repugnance,  and  to  pre- 
vent the  shivery  extension  question  from  becom- 
ing a  test  in  the  presidential  election,  was  the 
true  reason  for  giving  away  Texas,  and  the  true 
solution  of  the  enigma  involved  in  the  strange 
refusal  to  accept  as  nmch  as  Spain  ofTercd.  The 
treaty  was  disapproved  by  Mr.  Jefferson,  to 
whom  a  similar  letter  was  written  to  that  sent 
to  General  Jackson,  and  for  the  same  purpose — 
to  obtain  his  approbation;  but  ho  who  had  ac- 
quired Louisiana,  and  justly  gloried  in  the  act, 
could  not  bear  to  see  that  noblo  province  muti- 
lated, and  returned  his  dissent  to  the  act,  and 
his  condemnation  of  the  policy  on  which  it  was 
done.  General  Jackson  had  yielded  to  the 
arguments  of  Mr.  Monroe,  and  consented  to  the 
cession  of  Texas  as  a  tcmporory  measure.  The 
words  of  his  answer  to  Mr.  Monroe's  letter 
were :  "  I  am  clearly  of  your  opinion,  that,  for 
the  present,  we  ought  to  bo  contented  with  the 
Floridas."  But  Mr.  Jefferson  would  yield  to  no 
temporary  views  of  policy,  and  remained  inflexi- 
bly opposed  to  the  treaty ;  and  in  this  ho  was 
consistent  with  Iiis  own  conduct  in  similar  cir- 
cumstances. Sixteen  years  before,  he  had  been 
in  the  same  circumstances — at  the  time  of  the 
acquisition  of  Louisiana — when  ho  had  the  same 
icpugnancc  to  southwestern  aggrandizement  to 
contend  with,  and  the  same  bait  (I'lorida)  to 
tempt  him.  Then  eastern  men  raised  the  same 
objections ;  and  as  early  as  August  1803 — only 


four  months  after  the  purcluuio  of  LouisiAna-l 
he  wrote  to  Dr.  lirockcnri«lgo :  '*  Objections  tnl 
roixinK  to  the  CMtward  to  the  vast  extent  of  oiiil 
Iwundaries,  and  propositionn  aro  made  to  cx[ 
cliango  Louisiana,  or  a  part  of  it,  for  tho  FlorJ 
das ;  but  as  1  have  said,  we  shall  got  the  FIo^l 
das  without ;  and  I  would  not  give  one  inch  ofl 
the  waters  of  tho  Mississippi  to  any  forciml 
nation."    So  that  Mr.  Jcflerson,  neither  in  18ol 
nor  in  1810,  would  have  mutilated  Ix)uisiana  t«l 
obtain  the  cession  of  Florida,  which  ho  knenl 
would  bo  obtained  without  that  mutilation  ;  nol 
would  ho  have  yicMcd  to  tho  threatening  discon-l 
tent  in  tho  cast.    I  have  a  gratification  thatl 
without  knowing  it,  and  at  a  thousand  m\h 
from  him,  I  took  the  samo  ground  that  Mr.  JifJ 
fcrson  stood  on,  and  oven  usc<l  his  own  wonls;] 
"Not  an  inch  of  tho  waters  of  tho  Mississippi  t 
any  nation."    But  I  was  mortifled  at  the  timcl 
that  not  a  paper  in  tho  United  States  backed  tniJ 
essays.    It  was  my  first  experience  in  stanciinj 
"  solitary  and  alone ; "  but  I  stood  it  withoij 
flinching,  and  even  incurred  tho  imputatioL  i 
being   opposed  to  the  administration — had  tg| 
encounter  that  objection  in  my  first  election 
the  Senate,  and  was  even  viewed  as  an  opponci)| 
by  Mr.  Monroe  himself,  when  I  first  camo 
AVashington.    IIo  had  reason  to  know  befoni 
his  office  expired,  and  still  mr  i  ~  after  it  expir 
that  no  one  (of  tho  young  ^cnerafion)  hadi 
more  exalted  opinion  of  his  honesty,  patriotism 
firmness  and  general  soundness  of  judgment ;  i 
would  be  more  ready,  whenever  the  occa8ioi| 
permitted,  to  do  justice  to  his  long  and  illui 
trious  career  of  public  service.    The  treaty,  a^l 
have  said,  was  promptly  and  unanimously  ran 
fied  by  the  American  Senate ;  not  so  on  tli| 
part  of  Spain.    She  hesitated,  delayed,  procn 
tinated;  and  finally  suffered  the  time  limit«| 
for  the  exchange  of  ratifications  to  expire,  witli| 
out  having   gono  through   that  indispensaU 
formality.    Of  course  this  put  an  end  to  t^ 
treaty,  unless  it  could  be  revived ;  and,  then 
upon,  new  negotiations  and  vehement  expostulJ 
tions  against  the  conduct  which  refused  to  rati 
a  treaty  negotiated  upon  full  powers  and  in  ( 
fonnity  to  instructions.    It  was  in  the  ccun 
of  this  renewed  negotiation,  and  of  these  wa 
expostulations,  that  Mr.  Adams  used  the  stroij 
expressions  to  the  Spanish  ministry,  so  enig 
tical  at  the  time,  "  That  Spain  had  offered  nun 
than  we  accepted,  and  that  she  dare  not  denj 


'ANNO  l»HK    )MIV»  MUNROr,  rUU-^IUKNT. 


if 


17 


il  ••    Fiii&ily,  tflcr  the  lajiso  of  »  j«ar  or  80,  the 
trraty  wwt  relilietl  l>y  S|Miin.     In  thr  inran  time 
Mr.  Clay  had  mailu  a  niuvi'inent  a^rtiinst  it  in  thi; 
House  of  KoprcKentativi'H,  un.succ('s.sfiil.  ofcourso, 
but  cxcitinj;  some  sensation,  Iwth  for  llio  reasons 
he  pftve  ami  tho  vote  of  Honio  thirty-odd  mcni- 
Irts  who  conciirrwl  with  him.     Tiiis  movement 
vory  certainly  induced  the  letters  of  Mr.  Monroe 
to  (jencral  JuckHon  and  Mr.  Jelltrson,  as  they 
were  contemporaneous   (May,  182ft),   and  also 
Bonie  cxprcs.sions  in  the  letter  to  Gonorul  Jack- 
son,  whicli  evidently   referred    to   Mr.  Clay's 
movemcn'.    Tho  ratillcation  of  Spain  was  piven 
October,  1820,  and  being  after  tho  time  limited, 
it  bccareo  necessary  to  submit  it  again  to  tho 
American  Senate,  which  was  done  at  tho  session 
of  1820-21.     It  was  ratified  again,  and  almost 
unanimously,  but  not  quite,  four  votes   being 
given  against  it,  and  all  by  western  senators, 
namely :  Colonel  Kichard  M.  Johnson,  of  Ken- 
tucky ;  Colonel  John  Williams,  of  Tenncssco ; 
Mr.  James  Brown,  of  Louisiana,  and  Colonel 
Trimble,  of  Ohio.    I  was  then  in  Washington, 
and  a  senator  elect,  though  not  yet  entitled  to  a 
scat,  in  consequence  of  the  delayed  admission  of 
the  new  State  of  Missouri  into  the  Union,  and  so 
I  had  no  opportunity  to  record  ray  vote  against 
tiie  treaty.    But  tho  progress  of  events  soon 
gave  mo  an  opportunity  to  manifest  my  opposi- 
tion, and  to  appear  in  tho  parliamentary  history 
03  an  cnem}'  to  it.    The  cose  was  this :  While 
tho  treaty  was  still  encountering  Spanish  pro- 
crastination in  the  delay  of  exchanging  ratiiica- 
Itioas,  Mexico  (to  which  tho  amputated  part  of 
1  Louisiana  and  the  whole  of  Texas  was  to  be  at- 
Itached),  itself  cca.sed  to  belong  to  Spain.    She 
I  established  her  independence,  repulsed  ull  Spa- 
Inish  authority,  and  remained  at  war  with  the 
Imother  country.    The  law  for  giving  effect  to 
Itho  treaty  by  providing  for  commissioners  to 
Irun  and  mark  the  new  boundary,  had  not  been 
||iasscd  at  tho  time  of  the  ratification  of  the 
[treaty ;  it  camo  up  after  I  took  my  seat,  and 
|was  opposed  by  me.    I  opposed  it,  not  only 
upon  the  grounds  of  original  objections  to  tho 
^rcaty,  but  on  the  further  and  obvious  ground, 
khat  the  revolution  in  Mexico — her  actual  inde- 
pendence— had  superseded  the  Spanish  treaty  in 
Iho  whole  article  of  the  boundaries,  and  that  it 
rts  with  Mexico  herself  that  we  should  now 
ettlc  them.    The  act  was  passed,  however,  by  a 
seeping  majority,  tho  administration  being  for 
2 


if.  and  Hfnafors  holding  thrni'W'lvoH  coinn)itte<l 
by  pnvioiid  voto-i ;  but   tlie  proj;r»'ss  of  «vt'iilM 
Hoon  just i lied  my  o;>i.<>Hiiii)n  to  it.     Tho  country 
Ix'inj?  in  |)ossr8.>i<>n  of  Mexii-o,  and  kIu-  at  wnr 
with  Spain,  no  SjinniJi  comnii-isiontTS  roidd  i;o 
there  to  join  ours  in  t-xiM-utiiig  it;  and  so  tin 
act   remained  a  diad  letter  upon  tho  statute- 
book.     Its  futility  was  nflorwanls  acknowlecleiMl 
by  our  govermni'nt,  and  the  misstep  corrcctiMl 
by  establishing  tho  >iouniIary  with  Mexico  lur- 
self.     This  was  done  by  treoty  in  tho  year  1828, 
adopting  tho  boiinilaries  previously  agriod  upon 
with  Spain,  and  consequently  amputating  our 
rivers  (tho  Red  and   tho  Arkansas),  and  dis- 
membering the  valley  of  tho  Mississippi,  to  tho 
same  extent  as  was  done  by  the  Spanish  treaty 
of  1819.     I  opposed  the  ratification  of  tho  treaty 
with  Mexico  for  the  same  reason  that  I  opposed 
its  oiiginal   with  Spain,  but   without  sticcess. 
Only   two   senators  voted    with    me,  namely. 
Judge  William  Smith,  of  South  Carolina,  and 
Mr.  Powhatan  Ellis,  of  Mississippi.     Thus  I  saw 
this  treaty,  which  repulsed  Texas,  and  dismem- 
bered   tho    valley    of   tho    Mississippi — which 
placed  a  foreign  dominion  on  tho  upper  halves 
of  tho  Red  River  and  the  Arkansas — placed  a 
foreign  power  and  a  wilderness  between  Mis- 
souri and  New  Mexico,  and  which  brought  a 
non-slaveholding  empire  to  tho  boundary  line 
of  tho  State  of  Louisiana,  and   almost  to  tho 
southwest  corner  of  Missouri — saw  this  treaty 
three  times  ratified  by  tho  American  Senate,  ns 
good  as  unanimously  every  time,  and  with  the 
hearty  concurrence  of  the  American  press.    Yet 
I  remained  in  tho  Senate  to  sec,  within  a  few 
years,  a  political  tempest  sweeping  tho  land  and 
overturning  all  that  stood  before  it,  to  get  back 
tliis  very  country  which  this  treaty  had  given 
away ;  and  menacing  tho  Union  itself  with  dis- 
solution, if  it  was  not  immediately  done,  and 
without  regard  to  consequences.    But  of  this 
hereafter.    Tho  point  to  be  now  noted  of  this 
treaty  of  1819,  is,  that  it  completed,  very  nearly, 
the  extinction  of  slave  territory  within  tho  limits 
of  the  United  States,  and  that  it  was  tho  work 
of  southern  men,  with  tho  sanction  of  the  South. 
It  extinguished  or  cut  off  the  slave  territory 
beyond  tho  MLssissippi,  below  36  degrees,  30 
minutes,  all  except  the  diagram  in  Arkansas, 
which  was  soon  to  become  a  State.    The  Mis- 
souri compromise  line  had  interdicted  slavery  in 
all  the  v&st  expanse  of  Louisiana  north  of  36 


!'-,r- 


T^m 


18 


TIIIKTY  YKAHS*  \".T,U'. 


(l.'KfWH,  3(>  minuton  j  thin  treaty  (rave  »wny.  flrnt 
to  SjMiin,  «n<l  then  to  Mrxiro,  noorly  all  i\\e 
Hlnve  territory  nouth  of  that  line;  an-l  what  li>- 
lle  vfM  Ifft  hy  Ihu  Spaninh  treaty  woh  as>ti^rnl'•l 
in  |)ori»ctiiity  by  lawn  and  by  trcaticH  to  difforcnt 
'In'lian  trlbc«.  Thcno  trcatiM  (Indinn  and  Spnn- 
InIi),  together  with  the  Misnoiiri  compromise 
lino — %  mcaiiuro  contcmpor»ncoiis  with  the 
treaty — cxtinKuiNht-d  Hiavo  noil  in  all  the  United 
States  territory  west  of  tho  MisniRdippi,  except 
in  tho  diagram  which  wa«  to  constitnto  tho 
State  of  ArkansaH }  and,  including  tho  extinction 
in  Texas  consoqiicnt  upon  its  ccsHion  to  a  non- 
slaveholdinK  power,  constituted  tho  largest  tcr- 
ritoriiil  ntiolition  of  slavery  that  was  ever  effect- 
ed by  tho  political  power  of  any  nation.  Tho 
ordinance  of  1787  had  previously  extinguished 
sliivory  in  all  tho  northwest  territory — all  tho 
country  east  of  tho  Mississippi,  above  tho  Ohio, 
and  out  to  tho  great  lakes;  so  that,  at  this 
moment — era  of  tho  second  election  of  Mr.  Mon- 
roe—slave  soil,  except  in  Arkansas  and  Florida, 
*ft8  extinct  in  tho  territory  of  tho  United  States. 
Tho  growth  of  slave  States  (except  of  Arkansas 
and  Florida)  was  stopped ;  tho  increase  of  free 
.states  was  permitted  in  al!  tho  vast  expanse 
from  Lake  Michigan  and  the  Mississippi  River  to 
the  Rocky  Mountains,  and  to  Oregon ;  and  there 
was  not  a  ripple  of  discontent  visible  on  the  sur- 
tace  of  tho  public  mind  at  this  mighty  transfor- 
mation of  slave  into  free  tcrritcy.  No  talk  then 
about  dissolving  the  Union,  if  evc-v  citizen  was 
not  allowed  to  go  with  all  his  "  property,"  that 
is,  all  his  slaves,  to  all  tho  territory  acquired  by 
tho  "common  blood  and  treasure"  of  all  the 
Union.  But  this  belongs  to  the  chapter  of  1844, 
whereof  I  have  the  material  to  write  tho  true  and 
secret  history,  and  hope  to  use  it  with  fairness, 
with  justice,  and  with  moderation.  Tho  outside 
view  of  the  slave  question  in  the  United  States 
at  this  time,  which  any  chronicler  can  write,  is, 
that  the  extension  of  slavery  was  then  arrested, 
circumscribed,  and  confined  within  narrow  terri- 
torial limits,  while  free  States  were  permitted  an 
almost  unlimited  expansion.  That  is  the  out- 
side view;  the  inside  is,  that  all  this  was  the 
work  of  southern  men,  candidates  for  the  presi- 
dency, some  in  abeyance,  some  in  prtssenti^  and 
all  yielding  to  that  repugnance  to  territorial  ag- 
grandizement, and  slavery  extension  in  the  south- 
west, which  Mr.  Monroe  mentioned  in  his  letter 
to  General  Jackson  as  the  "  internal  diflBculty" 


which  orcaNioncil  tho  rexirion  of  Tviaii  to  Spain. 
Thifi  chapter  is  a  |M)int  in  tho  liictory  of  thotiaoi 
which  will  require  to  Iw  imdenttood  by  all  who 
wish  to  imdersland  an<l  appreciate  tl>e  eTtnti 
and  actors  of  twenty  ycara  later. 


C  II  APT  E  R    VII. 

DEATH  OF  Mn.  LOWNDES. 

I  HAP  but  a  slight  acquaintance  with  Mr, 
Lowndc:^.  He  resigneil  his  place  on  account  ol 
declining  health  soon  after  I  came  into  Congress; 
but  all  that  I  saw  of  him  confirmed  the  impres- 
sion of  tho  exalted  cliaracter  which  the  public 
voice  had  ascrilicd  to  him.  Tirtue,  modesty, 
benevolence,  patriotism  were  tho  qualities  of  his 
heart ;  a  sound  judgment,  a  mild  iM^rsuasive  elo- 
cution were  tho  attributes  of  his  mind ;  his  man- 
ners gentle,  natural,  cordial,  and  inexpressibly 
engaging.  lie  was  one  of  the  galaxy,  as  it  wm 
well  called,  of  the  brilliant  young  men  which 
South  Carolina  sent  to  the  House  of  Represent- 
atives at  the  beginning  of  the  war  of  1812 — Cal- 
houn, Choves,  Lowndes ; — and  was  soon  the 
brightest  star  in  that  constellation.  He  was  one 
of  those  members,  rare  in  all  assemblies,  who, 
when  he  spoke,  had  »  cluster  around  him,  not 
of  friends,  but  of  the  House — members  quitting 
their  distant  seats,  and  gathering  up  close  about 
him,  and  showing  by  their  attention,  that  each 
one  would  feel  it  a  personal  loss  to  have  missed 
a  word  that  he  said.  It  was  the  attention  ot 
affectionate  confidence.  He  imparted  to  others 
the  harmony  of  his  ovro  feelingfl,  and  was  tli( 
moderator  as  well  as  the  leader  of  the  House 
and  was  followed  by  its  sentiment  in  all  case 
in  which  inexorable  party  feeling,  or  some  pow- 
erful interest,  did  not  rule  the  action  of  the  mem- 
bers,; and  even  then  he  was  courteously  and 
deferentially  treated.  It  was  so  the  only  time 
I  ever  heard  him  speak — sessMn  of  1820-21- 
and  on  the  inflammable  subject  of  the  admission 
of  the  State  of  Missouri — a  question  on  which  t!ie 
inflamed  passions  left  no  room  for  tho  influenro 
of  reason  and  Judgment,  and  in  which  the  mem- 
bers voted  by  a  geographical  line.  Mr.  Lowndes 
was  of  the  democratic  school,  and  strongly  indi 


t;iie<l  for  an  early  el 

in'licatwl  by  the  piil 

1.  't  by  nny  nweliin 

manap-mt-nt— from 

Kliriink,  at   fn>m   tb 

III"  was  nominated  I 

live  State  for  tho  elw 

fore  the  event  came  i 

[iresscfi  that  sentime 

itKclf,  and  so  Woiiiii 

was  true,  "That  th 

ni  itlier  to  bo  xought, 

the  npe  of  forty-two  ; 

n^'e,  and  in  the  im|K.>r 

country,  was  felt  by 

|iublic  and  national 

biographies,  but  note 

somo  eminent  deccas 

f:irao  belongs  to  the  c 

up  its  own  title  to  tho 


C  H  A  P  T 

DEATH  OP  Wl 

He  died  at  Wawfiingti 

tiie  Congress  of  which 

tho  Supreme  Court  of 

tioner.    He  fell  like  thi 

of  his  strength,  and  oi 

under  the  double  laboi 

and  of  the  Senate,  and 

ccntration  of  thought 

preparation  of  his  specc 

in  his  day  the  first  o 

will  hardly  keep  that 

cause  ho  sprfke  more  t 

reader — to  the  present 

avoided    the  careful    \ 

speeches.     He  labored 

for  the  effect  of  their  d( 

of  present  victory.     He 

the  crowded  gallery — tl 

which  went  forth  from 

which  crowned  the  effoi 

lication  of  what  was  : 

applause,  giving  as  a  rer 

speech  would  not  sust 

delivered  one.    Ills  fort 


ANNO  IS31    JAMES  MONROF;  PI»>ll>KNT. 


ID 


taic><i  for  ut  rtrly  plcralion  to  th«  pml 
ini|u<»tc<l  Uy  the  pultlio  will  •ml  JuilKinenl,  And 
I,  tt  by  nny  mttohincry  of  imiivklual  or  |Mirtv 
inan«t:t'mfnt — fhmi  the  tpproAch  of  whi<'h  hv 
vliriink,  M  from  tliv  touch  of  contaiuination. 
Ill'  wiw  nominati'd  l)y  the  lef^itlatiiro  of  his  na- 
tive Stftto  for  the  election  of  1H24  5  but  dn-*!  'w- 
Tore  tho  event  came  round.  It  wan  he  who  cx- 
(iri'M<«<i  that  Mentiinent,  ho  Jiiiit  and  beautiful  in 
itKt'If,  and  KO  l)ti'oining  in  him  bccauw  in  him  it 
was  true,  "  That  tho  preHi«iency  was  an  offlce 
neither  to  bo  Koupht,  nor  declinwl."  Ho  died  at 
tlie  njjo  of  forty-two ;  and  his  death  at  that  early 
n;;(',  and  in  the  ini|)endin){  circunutanucH  of  tlio 
coimtry,  was  felt  by  those  who  know  him  as  a 
|iublic  and  national  calamity.  I  do  not  write 
biup;raphics,  but  note  tho  death  and  character  of 
gome  eminent  deceoKcd  contemporaries,  whoso 
fame  belongs  to  tho  country,  and  goes  to  make 
up  its  own  title  to  tho  respect  of  tho  world. 


CHAPTER    VIII. 

DE.vra  OF  WILLIAM  MNKNEY. 

Hg  dird  at  Wowfiington  during  the  session  of 
tlie  Congress  of  which  ho  was  a  member,  and  of 
the  Supreme  Court  of  which  he  was  a  practi- 
tioner, lie  fell  like  tho  warrior,  in  the  plenitude 
of  his  strength,  and  on  the  ti^ld  of  his  fame — 
under  the  double  labors  of  the  Supren>u  OoiTrt 
and  of  tho  Senate,  and  under  the  immense  con- 
centration of  thought  which  he  gave  to  the 
preparation  of  his  speeches.  He  was  considered 
in  his  day  the  first  of  American  orators,  but 
will  hardly  keep  that  place  with  posterity,  be- 
cause he  spcflve  more  to  the  hearer  than  to  the 
reader — to  tho  present  than  to  the  absent — and 
avoided  the  careful  publication  of  hia  own 
speeches.  He  labored  them  hard,  but  it  was 
for  the  effect  of  their  delivery,  ond  the  triumph 
of  present  victory.  Ho  loved  the  admiration  of 
the  crowded  gallery — the  trumpet-tongued  fame 
which  went  forth  from  the  forum — the  victory 
which  crowned  the  cflbrt ;  but  avoided  the  pub- 
lication of  what  was  received  with  so  much 
applause,  giving  as  a  reason  that  the  published 
fpeech  would  not  sustain  the  renown  of  the 
delivered  one.    Ilia/orte  as  a  speaker  lay  in  his 


jiktirnicnt,    hU  loRio,   1ii>t  \»*vr  of  Kr(;unH<nt{ 
hilt,  like  many  oihiT  nun  "I'  nrkniiwlfd);\'d  pre- 
cminonw  in  Home  prent  jt'1  of  nature*,  and  who 
are   itiJI   ainbitioiis   of    honu-   inferior   pift,    he 
courted  hiri  iin<i);tnnticin  tiMi  uiuch,  and  laid  too 
muchNtretM  u|ion  lu-tion  and  delivery — ho  potent 
upon  the  Hninll  (*in-le  of  nitnal  heareri*.  but  so 
loNt  upon  tho  national  audieiiro  which  the  prexH 
now  gives  to  a  great  i<|N'aker.     In  other  rcH|)ectH 
Mr.  Pinkney  wa«  truly  a  great  orator,  rii;h  in 
his   material,   strong  in    his    argument — clear, 
natural  and   regular  in   the  exposition  of   hin 
Mubject,  comprehensive  in  his  views,  and  chaste 
in  his  diction.      His  speeches,  both   senatorial 
and  forensic,  were  fully  studied  and  laboriously 
prepared — all  tho  argumentative  parts  carefully 
digested  under  appropriat4)  heads,  and  the  showy 
passages  often  fully  written  out  and  committed 
to  memory.     Ho  would  not  speak  at  nil  except 
upon  preparation ;   and  at  sexagenarian  age — 
that  at  which  I  knew  him— was  a  model  of 
study  and  of  labor  to  all  young  men.     His  la^t 
speech  in  tho  Senate  was  in  reply  to  Mr.  Uufus 
King,  on  the  Missouri  question,   and  was  tho 
master  effort  of  his  life.    The  subject,  the  place, 
tho  audience,  the  antagonist,  were  all  such  as  to 
excite  him  to  the  utmost  exertion.    The  subject 
was  a  national  controversy  convulsing  the  Union 
and  menacing  it  with  dissolution  ;  the  place  was 
the  American  Senate ;  the  audience  was  Europe 
and  America;    the  antagonist  was    Princei>s 
Senatus.  illustrious  for  thirty  years  of  diplo- 
r.iatic  atid  senatorial  service,  and  for  great  dig- 
nity of  I'fe  and  chaincter.     He  had  ample  time 
for  preparation,  and  availed  himself  of  it.     Mr. 
King  !iad  spoken  the  session  before,  and  pub- 
lished the  "Substance"   of  his  speeches  (for 
there  were  two  of  them),  after  the  adjournment 
of  Congress.    They  were  the  signal  guns  for  the 
Missouri  controversy.    It  was  to  these  published 
speeches  that  Mr.  P  nkney  replied,    and  with 
the  interval  between  two  sessions  to  prepare. 
It  was  a  dazzling  and  overpowering  reply,  with 
the  prestige  of  having  the  union  and  the  harmony 
of  the  States  for  its  object,  and  crowded  with 
rich  material.     The  most  brilliant  part  of  it  was 
a  highly-wrotight    and    Fplcndid  amplification 
(with  illustrations  from  Greek  and  Roman  his- 
tory), of  that  passage  in  Mr.  Burke's  speech 
upon  "  Conciliation  with  the  Colonies,"  in  which, 
and  in  looking  to  the  elements  of  American  re- 
sistance to  British  power,  he  looks  to  the  spirit 


i- 


20 


THIRTY  YEAIW  VIEW. 


of  the  Kiavcholdin);  colonics  as  a  iiiniu  inf;n><li- 
enl,  and  attributes  to  the  masters  of  hlaves,  who 
are  not  themselves  slaves,  the  higliest  love  of 
liherty  ami  the  most  ditlieult  tusk  of  sulijection. 
1 1  was  the  most  gorgeous  speech  ever  delirored 
iu  the  [Senate,  and  the  most  applauded  ;  but  it 
was  only  a  magnilieent  cxiiibition,  as  Mr.  I'ink- 
nt'y  knew,  and  could  not  sustain  in  the  reading 
tlie  plaudits  it  received  in  delivery ;  and  tiiere- 
fore  he  avoided  its  publication.  He  gave  but 
litllo  attention  to  the  current  business  of  the 
Senate,  only  appearing  in  his  place  when  the 
'•  Salaminian  galley  was  to  be  launched,''  or 
Bome  sjKxial  occasion  called  him — giving  his 
time  and  labor  to  the  bar,  wiiere  his  pride  and 
glory  was.  lie  haii  previously  served  in  the 
House  of  Representatives,  and  his  lirst  speech 
there  was  attended  by  an  incident  illustrative  of 
Mr.  Ilandolph's  talent  for  delicate  intimation, 
and  his  punctilious  sense  of  parliamentary  eti- 
quette. Jlr.  I'mkney  came  into  the  House  with 
a  national  reputation,  in  the  fulness  of  his  fame, 
and  exciting  a  great  expectation — which  he  was 
ol)liged  to  fullil.  He  sijoke  on  the  trcaty- 
nuiking  power— a  question  of  diplomatic  and 
constitutional  law  ;  and  he  having  been  minister 
to  half  the  courts  of  Europe,  attorney  general 
of  the  United  States,  and  a  jurist  by  profession, 
could  only  speak  upon  it  in  one  way — as  a  great 
master  of  the  subject ;  and,  consequently,  ap- 
peared as  if  instructing  the  House.  Mr.  Ran- 
dolph— a  veteran  of  twenty  years'  parliamentary 
service — thought  a  new  member  should  serve 
a  little  apprenticeship  before  he  became  an  in- 
structor, and  wished  to  signify  that  to  Jlr. 
Pinkney.  He  had  a  gift,  such  as  man  never 
had,  at  a  delicate  intimation  where  he  desired 
to  give  a  hint,  without  offence;  and  he  displayed 
it  on  this  occasion.  He  replied  to  Mr.  Pinkney, 
referring  to  him  by  the  parliamentary  designa- 
tion of  •'  the  member  from  Maryland  ; "  and 
then  pausing,  as  if  not  certain,  added,  "  I  believe 
he  is  from  Maryland."  This  implied  doubt  as 
to  where  he  came  from,  and  consequently  as  to 
who  he  was,  amused  Mr.  Pinkney,  who  undcr- 
Btood  it  perfectly,  and  taking  't  right,  went  over 
to  Mr.  Randolph's  seat,  introduced  himself,  and 
assured  him  that  he  was  ''from  Maryland." 
They  became  close  friends  for  over  after ;  and  it 
was  Mr.  Randolph  who  first  made  known  his 
leath  in  the  Uc>use  of  Representatives,  intcrrupt- 
ng  for  that  purpose  an  angry  debate,  then 


raging,  with  a  l>cautiful  and  apt  quotation  from 
the  quarrel  of  Adam  and  Eve  at  their  expulsion 
from  paradise.  The  published  debates  give  this 
account  of  it :  ''Mr.  Randolph  rose  to  announce 
to  the  House  an  event  which  he  hoped  would 
put  an  end,  at  least  for  this  day,  to  all  further 
jar  or  collision,  here  or  elsewhere,  among  the 
members  of  this  body.  Yes,  for  this  one  day, 
at  least,  let  us  say,  as  our  first  mother  said  to 
our  lirst  father — 

'  While  yet  we  live,  scarce  one  »liort  hour  pcrbapa, 
Between  us  two  let  tliere  be  peace.' 

"  I  rise  to  announce  to  the  House  the  not  un- 
looked  for  death  of  a  man  who  filled  the  first 
place  in  the  public  estimation,  in  the  first  profes- 
sion  in  that  estimation,  in  this  or  in  any  other 
country.  Wo  have  been  talking  of  General 
Jackson,  and  a  greater  than  him  is,  not  here, 
but  gone  for  ever.  I  allude,  sir,  to  the  boast 
of  Maryland,  and  the  pride  of  the  United  States 
— the  pride  of  all  of  us,  but  more  particularly 
the  pride  and  ornament  of  the  profession  of 
which  you,  Mr.  Speaker  (Mr.  Philip  P.  Bar- 
bour), are  a  member,  and  an  eminent  one." 

Mr.  Pinkney  was  kind  and  afiablo  in  his 
temper,  free  from  every  taint  of  envy  or  jealousy, 
conscious  of  his  powers,  and  relying  upon  tiiem 
alone  for  success.  He  was  a  model,  as  I  have 
already  said,  and  it  will  bear  repetition,  to  all 
young  men  in  his  habits  of  study  and  applica- 
tion, and  at  more  than  sixty  years  of  age  was 
still  a  severe  student.  In  politics  he  classed 
democratically,  and  was  one  of  the  few  of  our 
eminent  public  men  who  never  seemed  to  think 
of  the  presidency.  Oratory  was  his  glory,  the 
law  his  profession,  the  bar  his  theatre ;  and  his 
service  in  Congress  was  only  a  brief  episode, 
dazzling  each  House,  for  ho  was  a  momentary 
member  of  each,  with  a  single  and  splendid 
speech. 


CHAPTER    IX. 

ABOLITION  OF  THE  INDIAN  FACTORY  BTSTEM. 

The  experience  of  the  Indian  factory  system, 
is  an  illustration  of  the  unfitness  of  the  federal 
government  to  carry  on  any  system  of  trade, 
the  liability  of  the  benevolent  designs  of  tbo  gov- 


ANXO  1822.     JAMFS  MOXROE,  PRESIDENT. 


21 


entary 
)lcndid 


STEM. 

rstem. 

ledcral 

trade, 

L  gov- 


ernment to  be  abusefl,  and  the  difficulty  of  de- 
tecting and  rcdrcs.sing  abuses  in  the  nianapemcnt  1 
of  our  Indian  airain<.     Thi.s  system  originated  in 
the  year  1790,  under  the  recommendation  of 
President   Wafihington,    and  was  intended  to 
counteract  the  influence  of  the  British  traders, 
then  allowed  to  trade  with  the  Indians  of  the 
United  States  within  our  limits ;  al.so  to  protect 
the  Indians  from  impositions  from  our  own  trad- 
cr.'f,  and  for  that  purpose  to  sell  them  goods  at 
cost  and  carriage,  and  receive  their  furs  and  pel- 
tries at  fair  and  liberal  prices  ;  and  which  being 
sold  on  account  of  the  United  States,  would  de- 
fray the  expenses  of  the  establishment,  and  pre- 
serve the  capital  undiminished — to  bo  returned 
to  the  treasury  at  the  end  of  the  experiment.  The 
goods  were  purchased  at  the  expense  of  the  Unit- 
ed States — the  superintendent  and  factors  were 
paid  out  of  the  treasury,  and  the  whole  system 
was  to  be  one  of  favor  and  benevolence  to  the 
Indians,  guarded  by  the  usual  amount  of  bonds 
and  oatlis  prescribed  by  custom  in  such  cases. 
Being  an  experiment,  it  was  first  established  by 
a  temporary  act,  limited  to  two  years — the  usual 
way  in  which  equivocal  measures  get  a  foothold 
in  legislation.     It  was  soon  suspected  that  this 
system  did  not  work  as  disinterestedly  as  had 
been  expected — that  it  was  of  no  benefit  to  the 
Indians — no  counteraction  to  British  traders — 
an  injury  to  our  own  fur  trade — and  a  loss  to 
the  United  States ;   and  many  attempts  were 
made  to  get  rid  of  it,  but  in  vain.      It  was  kept 
up  by  continued  temporary  renewals  for  a  quar- 
ter of  a  century — from  1796  to  1822 — the  name 
of  Wasliington  being  always  invoked  to  continue 
abuses  which  he  would  have  been  the  first  to  re- 
press and  punish.    As  a  citizen  of  a  frontier 
State,  I  had  seen  the  working  of  the  system — 
seen  its  inside  working,  and  knew  its  operation 
to  bo  entirely  contrary  to  the  benevolent  de- 
signs of  its   projectors.      I  communicated  all 
this,  soon  after  my  admission  to  a  seat  in  the 
Senate,   to    Mr.    Calhoun,  the    Secretary    at 
War,  to  whose  department  the  supervision  of 
this  branch  of  service  belonged,  and  proposed  to 
him  the  abolition  of  the  system ;  but  he  had  too 
good  an  opinion  of  the  superintendent  (then 
Mr.  Thomas  L.  McKinncy),  to  believe  that  any 
thii^  was  wrong  in  the  business,  and  refused 
his  countenance  to  my  proposition.     Confident 
that  I  was  right,  I  determined  to  bring  the  ques- 
tion before  the  Senate— did  so— brought  in  a  bill 


to  abolish  the  factories,  and  throw  open  the  fur 
trade   to  in<lividiial  enterprise,  and   stipii<)rt''<l 
the  bill  with  all  the  facts  and  reasons  of  wliirh 
I  was  master.     The  bill   was   carried  tliroiij:}» 
both  Houses,  ami  became  a  law ;  but  not   with- 
out the  strenuous  opposition  which  tlie  attack  of 
every  abuse  for  ever  encounters — not   tliat  any 
member  favored  the  abuse,  but  that  tho<e  inter- 
ested in  it  were  vijrilant  and  active,  visiting  the 
members  who  wotdd  permit  such  %ni.its,  fiirnisli- 
ing  them  with  adverse  statements,  latiding  the 
operation  of  the  system,  and  constantly  lugiring 
in  the  name  of  Washington  as  its  author.  When 
the  system  was  closed  «ip,  and  the  inside  of  it 
seen,  and  the  balance  struck,  it  was  found  how 
true  all  the  representations  were  which  had  been 
made  against  it.    The  Indians  had  been  imposed 
upon  in  the  quality  and  prices  of  the  poods  .sold 
them ;  a  general  trade  had  been  carried  on  with 
the  whites  as  well  as  with  the  Indians;  larsrc 
per  ccntums  had  been  charged  upon  every  thins 
sold;  and  the  total  capital  of  three  hundred 
thousand  dollars  was  lost  and  gone.    It  was  a 
loss  which,  at  that  time  (1822),  was  tonside.  ^ 
large,   but  now  (1850)   would  be  considered 
small ;  but  its  history  still  has  its  uses,  in  show- 
ing how  differently  from  its  theory  a  well  in- 
tended act  may  operate — how  long  the  Indians 
and  the  government  may  be  cheated  without 
knowing  it — and  how  difficult  it  is  to  get  a  bad 
law  discontinued  (where  there  is  an  interest  in 
keeping  it  up),  even  though  first  adopted  as  n 
temporary  measure,  and  as  a  mere  experiment. 
It  cost  me  a  strenuous  exertion — much  labor  in 
collecting  facts,  and  much  speaking  in  layinf; 
them  before  the  Senate — to  get  this  two  years' 
law  discontinued,  after  twenty-five  years  of  in- 
jurious operation  and  costly  experience.    Of  all 
the  branches  of  our  service,  that  of  the  Indian 
affairs  is  most  liable  to  abuse,  and  its  abuses  the 


most  difficidt  of  detection.  O-^^e^   t  <'  ic^. 


CHAPTER   X. 

INTERNAL  IMPEOVEMENT. 

The  Presidential  election  of  1824  was  ap- 
proaching, the  candidates  in  the  field,  their  re- 
spective friends  active  and  busy,  and  popular 
topics  for  the  canvass  in  earnest  requisition.  The 


22 


TIIIUTY  YEARS'  VIEW, 


New- York  canal  harl  juHt  been  complete<l,  and 
liad  brought  (i^reat  popularity  to  itH  principal  ad- 
vocate (De  Witt  Clinton),  and  excited  a  (crcat 
a|i]M:tite  in  public  men  for  that  kind  of  fame. 
Koails  and  canals — meaning  common  turnpike, 
for  the  steam  car  ha»l  not  then  been  invented, 
nor  ^IcAdam  impressed  \ua  name  on  the  new 
class  of  roads  which  afterwards  wore  it — were 
all  the  vogue ;  and  the  candidates  for  the  Presi- 
dency spread  their  sails  upon  the  ocean  of  inter- 
nal improvements.     Congress  was  full  of  pro- 
jects for  different  objects  of  improvement,  and 
the  friends  of  each  candidate  exerted  themselves 
in  rivalry  of  each  other,  under  the  supposition 
that  their  opinions  would  stand  for  those  of  their 
principals.      Mr,  Adams,  Mr.  Clay,  and  Jlr. 
Calhoun,  wore  the  avowed  advocates  of  the  mea- 
sure, going  thoroughly  for  a  general  national 
system  of  internal  improvement :  Mr.  Crawford 
and  General  Jackson,  under  limitations  and  qua- 
lifications. The  Cumberland  road,  and  the  Chesa- 
peake and  Ohio  canal,  were  the  two  prominent 
objects  discussed ;  but  the  design  extended  to  a 
general  system,  and  an  act  was  finally  passed,  in- 
t(nded  to  bo  annual  and  permanent,  toappropri- 
alo  $30,000  to  make  surveys  of  national  routes. 
Mr.  Monroe  signed  this  bill  as  being  merely  for 
the  collection  of  information,  but  the  subject 
drew  from  him  the  most  elaborate  and  thorough- 
ly considered  opinion  upon  the  general  question 
which  has  ever  been  delivered  by  any  of  our 
statesmen.    It  was  drawn  out  by  the  passage  of 
an  act  to  provide  for  the  preservation  anH  repair 
of  the  Cumberland  road,  and  was  returned  by 
him  to  the  House  in  which  it  originated,  with  his 
objections,  accompanied  by  a  state  paper,  in  ex- 
position of  his  opinions  upon  the  whole  subject ; 
for  the  whole  subject  was  properly  before  him. 
The  act  which  he  had  to  consider,  though  mod- 
)stly  entitled  for  the  "  preservation  "  and  "  re- 
pair "  of  the  Cumberland  road,  yet,  in  its  mode 
of  accomplishing  that  purpose,  assumed  the  whole 
of  the  powers  which  were  necessary  to  the  exe- 
cution of  ft  general  system.    It  passed  with  sin- 
gular unanimity  through  both  Houses,  in  the 
Senate,  only  seven  votes  against  it,  of  which  I  af-. 
terwards  felt  proud  to  have  been  one.    He  de- 
nied the  power ;  but  before  examining  the  argu- 
ments for  and  against  it,  very  properly  laid 
down  the  amoimt  and  variety  of  jurisdiction  and 
authority  which  it  would  require  the  federal  gov- 
ernment to  exercise  witluii  the  States,  in  order 


to  execute  a  system,  and  that  in  each  and  cvirv 
part — in  every  mile  of  each  and  every  canal 
road — it  should  undertake  to  construct.     He  be- 
gan with  acquiring  the  right  of  way,  and  pur- 
sued it  to  its  results  in  the  construction  and  pru< 
Bcrvation  of  the  work,  involving  jurisdiction, 
ownership,    penal    laws,    and    administration. 
Commissioners,  he  said,  must  first  bo  appointed 
to  trace  a  route,  and  to  acquire  a  right  to  the 
ground  over  which  the  road  or  ca;.al  wasto  pass, 
with  a  sufficient  breadth  for  each.     The  ground 
could  only  be  acquired  by  voluntary  grants  from 
individuals,  or  by  purchases,  or  by  condemna- 
tion of  the  property,  and  fixing  its  value  through 
a  jury  of  the  vicinage,  if  they  refused  to  give  or 
sell,  or  demanded  an  exorbitant  price.      After 
all  this  was  done,  then  came  the  repairs,  the  care 
of  which  was  to  be  of  perpetual  duration,  and 
of  a  kind  to  provide  against  criminal  and  wilful 
injuries,  as  well  as  against  the  damages  of  acci- 
dent,  and  deterioration  from    timo    and    use. 
There  are  persons  in  every  community  capable 
of  committing    voluntary   injuries,  of   pulling 
down  walls  that  are  made  to  sustain  the  road  ; 
of  breaking  the  bridges  over  water-courses,  and 
breaking  the  road  itself.    Some  living  near  it 
might  be  disappointed  that  it  did  not  pass  through 
their  lands,  and  commit  these  acts  of  violence 
and  waste  from  revenge.      To  prevent  these 
crimes  Congress  must  have  a  power  to  pass  laws 
to  punish  the  offenders,  wherever  they  may  be 
found.     Jurisdiction  over  the  road  would  not 
be  sufficient,  though  it  were  exclusive.      There 
must  be  power  to  follow  the  offenders  wherever 
they  might  go.  It  would  seldom  happen  that  the 
parties  would  be  detected  in  the  act.  They  would 
generally  commit  it  in  the  night,  and  fly  far  off  be- 
fore the  sun  appeared.    Right  of  pursuit  must  at- 
tach, or  the  power  of  punishing  become  nugatory. 
Tribunals,  State  or  federal,  must  be  invested  I 
with  power  to  execute  the  law.    Wilful  injuries 
would  require  all  this  assumption  of  power,  and  I 
machinery  of  administration,  to  punish  and  pre- 
vent ^hcm.     Repair  of  natural  deteriorations 
would  require  the  application  of  a  diflbrent  re- 1 
medy.    Toll  gates,  and  persons  to  collect  the 
tolls,  were  the  usual  resort  for  repairing  this 
class  of  injuries,  and  keeping  the  road  in  order 
Congress  must  have  power  to  make  such  anestfr- 1 
blishm^nt,  and  to  enact  a  code  of  regulations 
for  it,  with  fines  and  penalties,  and  agents  to 
execute  it.    To  all  these  exercises  of  authoritj 


the  question  of  the  con 
may  be  raised  by  the  pr 
position  might  not  stop 
might  contest  the  righ 
ment  thus  to  possess  an 
roads  and  canals  within 
collision  would  be  brouj 
crnments,  each  claiming 
dependent  in  its  actions 
pute. 

Thus  did  Mr.  Monroe 
practical  bearings,  trace( 
.«u!ts,  and  the  various  asi 
difficulties  with  States  oi 
involved;   and  the   bar 
made — the    bare  presen 
working  of  the  system, 
argument  against  it,  as 
rights,  and  therefore  ui 
might  have  added,  as  cc 
able  by  the  federal  gov 
inexpedient.    But,  afler  i 
examined  it  under  every 
derivation  under  which  it 
power,  and  found  it  to  b 
them,  and  virtually  prohi 
Tliese  were,  Jirst,  the  r 
offices  and  post-roads ;  gi 
I  third,  to  regulate  commei 
I  fourth,  the  power  to  pay 
I  for  the  common  defence  a 
the  United  States ;  ffth 
I  cessary  and  proper  to  car 
I  ed  (enumerated)  powers ; 
I  to  dispose  of,  and  make  a 
gulations  respecting  the 
I  perty  of  the  United  Sta 
I  enuraeration  of  these  clai 
I  Mr.  Monroe  well  remarks 
I  tiplicity  was  an  argument 
jcach  one  was  repudlatec 
Jcates  for  each  of  the  other 
I  could  not  agree  among  th( 
I  single  source  of  the  pow 
I  sought  for  from  place  to  p 
I  which  proclaimed  its  noi 
I  Still  ho  examined  eadi  hei 
I  order,  and  effectually  disp< 
jl.  The  post-office  and  p 
Jword  "establish"  was  tl 
Ivid  offices  were  the  subjec 
l»ct.    And  how  ?    Ask  ai 


ANNO  1823.    JAMES  MONROE,  PRE-  DEXT 


23 


the  question  of  the  constitutionality  of  the  law 
nmy  be  raised  by  the  prosecuted  party.  But  op- 
position might  not  stop  with  individuals.  States 
might  contest  the  right  of  the  federal  govern- 
ment thus  to  possess  and  to  manage  all  the  great 
roads  and  canals  within  their  limits ;  and  then  a 
collision  would  be  brought  on  between  two  gov- 
ernments, each  claiming  to  bo  sovereign  and  in- 
dependent in  its  actions  over  the  subject  in  dis- 
pute. 

Thus  did  Mr.  Monroe  state  the  question  in  its 
practical  bearings,  traced  to  their  legitimate  re- 
sults, and  the  various  assumptions  of  power,  and 
difficulties  with  States  or  individuals  which  they 
involved;   and  the   bare  statement  which  he 
made — the    bare  presentation  of  the  practical 
working  of  the  system,  constituted  a  complete 
argument  against  it,  as  an  invasion  of  State 
rights,  and  therefore  unconaittutional.  and,  he 
might  have  added,  as  complex  and  unmanage- 
able by  the  federal  government,  and  therefore 
Inexpedient.    But,  after  stating  the  question,  he 
examined  it  under  every  head  of  constitutional 
derivation  under  which  its  advocates  claimed  the 
power,  and  found  it  to  be  granted  by  no  one  of 
them,  and  virtually  prohibited  by  some  of  them. 
Tliese  were,  first,  the  right  to  establish  post- 
I  offices  and  post-roads ;  second,  to  declare  war ; 
third,  to  regulate  commerce  among  the  States ; 
fourth,  the  power  to  pay  the  debts  and  provide 
for  the  common  defence  and  general  welfare  of 
the  United  States ;  fifth,  to  make  all  laws  ne- 
cessary and  proper  to  carry  into  effect  the  grant- 
ed (enumerated)  powers ;  sixth,  from  the  power 
to  dispose  of,  and  make  all  needful  rules  and  re- 
gulations respecting  the  territory  or  other  pro- 
I  perty  of  tho  United  States.     Upon  this  long 
enumeration  of  these  claimed  sources  of  pcirer, 
Jlr.  Monroe  well  remarked  that  their  very  mul- 
tiplicity was  an  argument  against  them,  and  that 
each  one  was  repudiated  by  some  of  the  advo- 
Icatcs  for  each  of  the  others :  that  these  advocates 
I  could  not  agree  among  themselves  upon  anyone 
[single  source  of  the  power;   and  that  it  was 
I  sought  for  from  place  to  place,  with  an  assiduity 
I  n-hich  proclaimed  its  non-existence  any  where. 
■Still  he  examined  eacb  head  of  derivation  in  its 
I  order,  and  effectually  disposed  of  each  in  its  turn, 
jl.  Tho  post-office  and  post-road  grant.    The 
pord  "establish"  was  the  ruling  term :  roads 
Lnd  offices  were  the  subjects  on  which  it  was  to 
iKt.    And  how  ?    Ask  any  number  of  enlight- 


ened citizens,  who  had  no  coincction  with  p\ib- 
lic  affairs,  and  whoso  minds  were  unprejudiced, 
what  was  the  meaning  of  the  wortl  "establish."' 
and  the  extent  of  tho  grant  it  controls,  and  there 
would  not  be  a   difference  of  opinion  among 
them.    They  would  answer  that  it  was  a  power 
given  to  Congress  to  legalize  existing  roads  as 
post  routes,  and  existing  places  as  post-offices — 
to  fix  on  the  towns,  court-houses,  and    other 
places  throughout  the  Union,   at  which   there 
should  be  post-offices ;  the  routes  by  which  the 
mails  should  be  carried ;  to  fix  the  postages  to 
be  paid ;  and  to  protect  the  post-offices  and  mails 
from  robbery,  by  punishing  those  who  commit 
the  offence.    The  idea  of  a  right  to  lay  off  roads 
to  take  the  soil  from  tho  proprietor  against 
his  will ;  to  establish  turnpikes  and  tolls ;  to 
establish  a  criminal  code  for  the  punishment 
of  injuries  to  the  road ;  to  do  what  the  protection 
and  repair  of  a  road  requires :  these  are  things 
which  would  never  enter  into  his  head.  The  use 
of  the  existing  road  would  be  all  that  would  be 
thought  of;  the  jurisdiction  and  soil  remaining 
in  the  State,  or  in  those  authorized  by  its  legis- 
lature to  change  the  road  at  pleasure. 

2.  The  war  power.  Mr.  Monroe  shows  the 
object  of  this  grant  of  power  to  the  federal  gov- 
ernment— the  terms  of  the  grant  itself — its  in- 
cidents as  enumerated  in  the  constitution — the 
exclusion  of  constructive  incidents — and  the  per- 
vading interference  with  the  soil  and  jurisdiction 
of  the  States  which  the  assumption  of  the  internal 
improvement  power  by  Congress  would  carry 
along  with  it.  He  recites  the  grant  of  the  power 
to  make  war,  as  given  to  Congress,  and  prohi- 
bited to  the  States,  and  enumerates  the  incidents 
granted  along  with  it,  and  necessary  to  carrying 
on  war :  which  are,  to  raise  money  by  taxes, 
duties,  excises,  and  by  loans ;  to  raise  and  sup- 
port armies  and  a  navy ;  to  provide  for  calling 
out,  arming,  disciplining,  and  governing  the  mili- 
tia, when  in  the  service  of  the  United  States ;  es- 
tablishing fortifications,  and  to  exercise  exclusive 
jurisdiction  over  the  places  granted  by  the  State 
legislatures  for  the  sites  of  forts,  magazines,  ar- 
senals, dock-yards,  and  other  needful  buildings. 
And  having  shown  this  enumeration  of  incidents, 
he  very  naturally  concludes  that  it  is  an  exclu- 
sion of  constructive  incidents,  and  especially  of 
one  so  great  in  itself,  and  so  much  interfering 
with  the  soil  and  jurisdiction  of  the  States,  as  the 
federal  exercise  of  the  road-making  power  would 


•:':      !■ 


h 


24 


rillRTY  YEARS'  VIEW. 


bo.      lie  cxhibitH  the  iiiorniity  of  tliis  intcrfcr- 
cnre  )>y  a  viuw  of  the  oxton^ivc  field  over  wliirh 
it  would  operate.      Tlie  Unitetl  Slntes  are  cx- 
jjosed  to  inva,sioii  throuph  the  whole  extent  of 
their  Atlantic  coant  (to  which  may  now  be  add- 
ed seventeen  dcfrrecs  of  the  I'Aciiic  coast)  by 
any  European  power  with  whom  we  inifrht  be 
cngajred  in  war:  on  the  northern  and  north- 
western frontier,  on  the  side  of  Cana-Ja.  by  Great 
Britain,  and  on  the  southern  by  Spain,  or  any 
power  in   alliance  with  her.      If  internal  im- 
provements are  to   be   carried  on  to  the  full 
extent  to  which  they  may  be  useful  for  military 
puqwscs,  the  power,  as  it  exists,  mus*;  apply  to 
all  the  roads  of  the  Union,  there  being  no  limita- 
tion to  it.      Wherever  such  improvements  may 
facilitate  the  march  of  troops,  the  transportation 
of  cannon,  or  otherwise  aid  the  operations,  or 
mitigate  the  calamities  of  war  along  the  coa.st, 
or  in  the  interior,  they  would  be  useful  for  mili- 
tary purposes,  and  might  therefore  be  made. 
They  must  bo  coextensive  with  the  Union.    The 
power  following  as  an  incident  to  another  power 
can  be  measurcvl,  as  to  its  extent,  by  reference 
only  to  the  obvious  extent  of  the  power  to  which 
it  is  incidental.     It  has  been  shown,  after  the 
most  liberal  construction  of  all  the  enumerated 
powers  of  the  general  government,  that  the  ter- 
ritory within  the  limits  of  the  respective  States 
belonged  to  them ;  that  the  United  States  had 
no  right,  under  the  powers  granted  to  them 
(with    the   exceptions    specified),  to   any  the 
smallest  portion  of  territory  within  a  State,  r,ll 
those  power.s  operating  on  a  different  principle, 
and  having  their  full  effect  without  impairing,  in 
the  slightest  degree,  this  territorial  right  in  the 
States.     By  specifically  granting  the  right,  as  to 
such  small  portions  of  territory  as  might  be  ne- 
cessary for  these  purposes  (forts,  arsenals,  mag- 
azines, dock-yards  and  other  needful  buildings), 
and,  on  certain  conditions,  minutely  and  well 
defined,  it  is  manifest  that  it  was  not  intended  to 
grant  it,  as  to  any  other  portion,  for  any  purpose, 
or  in  any  manner  whatever,      ine  right  of  the 
general  government  must  be  complete,  if  a  right 
at  all.     It  must  extend  to     ery  thing  necessary 
to  the  enjoyment  and  protection  of  the  right. 
It  must  extend  to  the  seizure  and  condemnation 
of  the  property,  if  necessary;  to  the  punishment 
of  the  offenders  for  injuries  to  the  roads  and 
canals ;  to  the  ostablishraeut  and  enforcement  of 
tolls  J  to  the  unobstructed  construction,  protec- 


tion, and  preservation  of  the  road.<i.  It  nnuft  ]m 
a  complete  right,  to  the  extent  above  stated,  or 
it  will  be  of  no  avail.     That  right  does  not  cxi-t, 

3.  The  commercial  power.      Mr.  Monroe  ar- 
gues that  the  sense  in  which  the  power  to  re;vi. 
late  commerce  was  imderstood  and  exercised  Iv  | 
the  Statcw,  was  doubtless  that  in  which  it  was 
transferre<l  to  the  United  States ;  and  then  show,^  I 
that  their  regulation  of  commerce  was  by  the  i 
impo.sition  of  duties  and  imposts ;  and  that  it  wi\s 
so  regulated  by  them  (before  the  adoption  of  the  I 
constitution),  equally  in  respect  to  each  other,  [ 
and  to  foreign  powers.     The  goods,  and  the  ves- 
sols  employed  in  the  trade,  are  the  only  subject  I 
of  regulation.    It  can  act  on  none  other.    He  [ 
then  shows  the  evil  out  of  which  that  grant  of 
power  grew,  and  which  evil  was,  in  fact,  the  pre- 1 
dt-minating  cause  in  the  call  for  the  convention 
whi^i  framed  the  federal  constitution.     Eacli  | 
State  had  the  right  to  lay  duties  and  impo.sts, 
and  exercised  the  right  on  narrow,  jealous,  and  I 
selfish  principles.    Instead  of  acting  as  a  nation  | 
in  regard  to  foreign  powers,  the  States,  individ- 
ually, had  commenced  a  system  of  restraint  upon  I 
each  other,  whereby  the  interests  of  foreign 
powers  were  promoted  at  their  expense.    This 
contracted  policy  in  some  of  the  States  was 
counteracted  by  others.    Ecstraints  were  imme- 
diately laid  on  such  commerce  by  the  suffering 
States ;  and  hence  grew  up  a  system  of  restric- 
tions and  retaliations,  which  destroyed  the  har- 
mony of  the  States,  and  threatened  the  confederacy  I 
w'th  dissolution.      From  this  evil  the  new  con< 
stitution  relieved  us;  and  the  federal  government, 
as  successors  to  the  States  in  the  power  to  regu- 
late commerce,  immediately  exercised  it  as  they 
had  done,  by  laying  duties  and  imposts,  to  act  I 
upon  goods  and  vessels :  and  that  was  the  end  | 
of  the  power. 

4.  To  pay  the  debts  and  provide  for  the  com- 1 
mon  defence  and  general  welfare  of  the  Union,  I 
Mr.  Monroe  considers  this  "common  defence"! 
and  "  general  welfare  "  clause  as  being  no  grant  i 
of  power,  but,  in  themselves,  only  an  object  and  I 
end  to  be  attained  by  the  exercise  of  the  cnume-l 
rated  powers.  They  are  found  in  that  sense  in  I 
the  preamble  to  the  constitution,  in  company! 
with  others,  as  inducing  causes  to  the  formation  I 
of  the  instrument,  and  as  benefits  to  be  obtained  I 
by  the  powers  granted  in  it.  They  stand  thus  in  I 
the  preamble :  "  In  order  to  form  a  more  perfect! 
union,  establish  justice,  insure  domestic  tran-l 


|r|iiil!ity,  provide  for  the  co 
jilic  pcncral  welfare,  and  i 
liUrty  to  ourselves  and  ( 
Jj!i(i  establish  this  constil 
Icbjc'cts  to  be  accompii.she 
Jfongrcss  to  do  what  it 
Itliciii  (in  which  case  the 
jni'cd  for  investing  it  with 
IIh;  accomplishe<I  by  the 
Irranl-ed  in  the  body  of  t 
Ijlercd  as  a  distinct  an 
loner  to  provide  for  tli 
tiid  the  "general  wclfar 
jnould  give  to  Congress 
irhole  force,  and  of  all 
luion — absorbing  in  theii 

1  other  powers,  and  rci 
Inil  restrictions  nugatory 
llicsc  words  forming  an  oi 
limited  power,  suporsedinj 
Imust  be)  abandoned.  T] 
I'nitcd  States  is  a  limited  { 
Jbr  freat  national  purposci 
bther  interests  are  left  to  ( 
those  duty  it  is  to  provi( 
jnd  canals  fall  into  this  cli 
teneral  Government  beinj 
I  the  exercise  of  the  rig 
Iruction,  and  protection, 
liire.  Mr.  Monroe  exam 
lads  made  in  territories, 
■an  countries,  and  the  one 
Iry  below  the  31st  degr 
Irith  the  consent  of  Spain 
Itbcns  in  Georgia  to  New 
quired  the  Floridas  j  and 
\  objection  to  these  territ( 
I  them,  to  the  States,  ex-t« 
Jes  the  case  of  the  Cun 
Ithin  the  States,  aud  up 
liish  the  United  States 
pded  on  any  principle 
|ht."     He  says  of  it :  Tl 

an  article  of  compact 
ites  and  the  State  of  Ohi 
kte  came  into  the  Union,  i 
pe  attending  it  was  to  bt 
IcatiDn  of  a  certain  portioi 
I  from  the  sales  of  the  pu 
kte.  And,  in  this  instanc 
je  exercised  no  act  of  juris 
jwitlun  either  of  the  State 


ANXO  1823.    JAMFS  MONROE,  rRf>^inF.XT. 


25 


to  act 
leend 


coin- 
Union, 
fence" 
grant 
cot  and 
cnume- 
icnse  in 
)mpany 
mation 
btained 
thus  in 
perfect 
B  tran- 


f  nillity,  provide  for  the  common  defence,  promote 
the  poneral  welfare,  and  si-curc  the  hles,sin}r<  of 
lUrty  to  ourselves  and  our  jwsterity,  do  ordain 
,11(1  establish  this  constitution."     These  arc  the 
objects  to  bo  accomplished,  but  not  by  allowing 
("ansrcss  to  do  what  it  pleased  to  accomplish 
tliciii  (in  which  case  there  would  have  been  no 
Ucd  for  investing  it  with  specific  powers),  but  to 
{ih;  accomplished  by  the  exercise  of  the  powers 
nuiicd  in  the  body  of  tlie  instrument.      Con- 
i/l<:rcd  as  a  distinct  and  separate  grant,  tho 
owcr  to  provide  for  the  '  common  defence  " 
lid  the  "  general  welfure,"  or  either  of  them, 
ould  give  to  Congress  tho  command  of  the 
liolo  force,  and  of  all  the  resources  of  the 
uioii — absorbing  in  their  transcendental  power 
11  otber  powers,  and  rendering  all  tho  grants 
jiJ  restrictions  nugatory  and  vain.   The  idea  of 
ihcsc  words  forming  an  original  grant,  with  un- 
iuiited  power,  superseding  every  other  grant,  is 
must  be)  abandoned.    The  government  of  tho 
pnited  States  is  a  limited  government,  instituted 
r  t'reat  national  pui-po.scs,  and  for  those  only. 
thcr  interests  are  left  to  the  States  individually, 
hose  duty  it  is  to  provide  for  them.      Koads 
d  canals  fall  into  this  class,  the  powers  of  the 
eneral  Government  being  utterly  incompetent 
the  exercise  of  the  rights  which  their  con- 
ruction,  and  protection,  and  preservation  re- 
iiire.    Mr.  Monroe  examines  the  instances  of 
lads  made  in  territories,  and  through  the  In- 
ian  countries,  and  tho  one  upon  Spanish  tern- 
iry  below  the  31st  degree  of  north  latitude 
ith  the  consent  of  Spain),  on  the  route  from 
thcns  in  Georgia  to  New  Orleans,  before  we 
uircd  the  Floridas ;  and  shows  that  there  was 
objection  to  these  territorial  roads,  being  all 
them,  to  tbe  States,  ex-territorial.    He  exam- 
s  the  case  of  the  Cumberland  road,  made 
thin  the  States,  aad  upon  compact,  but  in 
ich  the  United  States  exercised  no  power, 
ndcd  on  any  principle  of  "jurisdiction  or 
hi."     He  says  of  it :  This  road  was  founded 
an  article  of  compact  between  the  United 
tc8  and  the  State  of  Ohio,  uuder  which  that 
,tc  came  into  the  Union,  and  by  which  the  ex- 
se  attending  it  was  to  be  defrayed  by  the  ap- 
ati}n  of  a  certain  portion  of  the  money  aris- 
from  the  sales  of  the  public  lands  within  the 
tc.    And,  in  this  instance,  the  United  States 
c  exercised  no  act  of  jurisdiction  or  sovereign- 
within  either  of  the  States  through  which  the 


road  nms,  by  taking  the  land  from  the  proprie- 
tors }iy  force — by  passing  arts  for  the  protection 
of  the  road — or  to  raise  a  rcvi-nuc  from  it  by  the 
cstablisluncnt  of  turnpikes  and  t<ills — or  any 
other  act  founded  on  the  principk-s  of  jurisdic- 
tion or  right.      And  I  can  »nl<l,  tliiU  the  bill 
passed  by  Congress,  and  whicli  rcctivud  his  veto, 
died  under  his  veto  message,  and  has  never  been 
revise*!,  or  attempted  to  be  revised,  since ;  and 
tho  road  itself  has  been  abandoned  to  tlie  States. 
5.  The  power  to  make  all  laws  which  shall  be 
necessary  and  proper  to  carry  into  elTect  the 
powers  specifically  granted  to  Congress.     This 
power,  as  being  the  one  which  chiefly  gave  rise 
to  the  latitudinarian  constructions  which  dis- 
criminated parties,  when  parties  were  founded 
upon  principle,  is  closely  and  clearly  examined 
by  Mr.  Monroe,  and  shown  to  be  no  grant  of 
power  at  all,  nor  authorizing  Congress  to  do 
any  thing  which  might  not  have  been  done  with- 
out it,  and  only  added  to  the  enumerated  powers, 
through  caution,  to  secure  their  .ximplete  exe- 
cution.    He  L-a,ys :  I  have  always  considered  this 
power  as  having  been  granted  on  a  principle  of 
greater  caution,  to  secure  the  complete  execu- 
tion of  all  the  powers  which  had  been  vested  in 
the  General  Government.   It  contains  no  distinct 
and  specific  power,  as  every  other  grant  does, 
such  as  to  lay  and  collect  taxes,  to  declare  war, 
to  regulate  commerce,  and  the  like.    Looking  to 
the  whole  scheme  of  the  General  Government,  it 
gives  to  Congress  authority  to  make  all  laws 
which  should  be  deemed  necessary  and  proper 
for  carrying  all  its  powers  into  ellect.    My  im- 
pression has  invariably  been,  that  this  power 
would  have  existed,  substantially,  if  this  grant 
had  not  been  made.    It  results,  by  necessary 
implication  (such  is  the  tenor  of  the  argument), 
from  the  granted  powers,  and  was  only  added 
from  caution,  and  to  leave  nothing  to  '"mplica- 
tion.     To  act  under  it,  it  must  first  be  shown 
that  the  thing  to  be  done  is  already  specified  in 
one  of  the  enumerated  powers.    This  is  the  point 
and  substance  of  Mr.  Monroe's  opinion  on  this 
incidental  grant,  and  which  has  been  the  source 
of  division  between  parties  from  the  foundation 
of  the  government — tho  fountain  of  latitudi- 
nous  construction — and  which,  taking  the  judg- 
ment of  Congress  as  the  rule  and  measure  of 
what  was  "  necessary  and  proper  "  in  legislation, 
takes  a  rule  wliich  puts  an  end  to  the  limitations 
of  the  constitution,  refers  all  the  powers  of  ^ha 


''■I 


I  \> 


20 


THIRTY  YEARS'  VIEW. 


botljr  to  iU  own  iliscretion,  and  bccomcH  as  absorb- 
inj;  and  tranxccndt-ntal  in  its  scope  as  the  "  gen- 
eral welfare"  and  "common  defence  clauses  " 
would  Itc  themselves. 

G.  The  ])0wer  to  dispose  of,  and  make  all  nee j- 
ful  rules  ami  regulations  resficcting  the  territory 
or  other  property  of  the  United  States.  This 
clause,  as  a  source  of  power  for  making  roads 
and  canals  within  a  State,  Mr.  Monroe  disposes 
of  summarily,  as  having  no  relation  whatever  to 
the  subject.  It  grew  out  of  the  cessions  of  ter- 
ritory which  difl'ercnt  States  had  made  to  the 
United  States,  and  relates  solely  to  that  terri- 
tory (and  to  such  as  has  been  acquired  since  the 
adoption  of  the  constitution),  and  which  lay 
without  the  limits  of  a  State.  Special  provision 
was  deemed  necessary  for  such  territory,  the 
main  powers  of  the  constitution  operating  inter- 
nally, not  being  applicable  or  adequate  thereto ; 
and  it  follows  that  this  power  gives  no  authority, 
and  has  even  no  bearing  on  the  subject. 

Such  was  this  great  state  paper,  delivered  at 
a  time  when  internal  improvement  by  the  fede- 
n>.  government,  having  become  an  issue  in  the 
canvass  for  the  Presidency,  and  ardently  advo- 
cated by  three  of  the  candidates,  and  qualifiedly 
by  two  others,  had  an  immense  current  in  its 
favor,  carrying  many  of  the  old  strict  constitu- 
tionists  along  with  it.  Mr.  Monroe  stood  ."^rm, 
vetoed  the  bill  which  assumed  jurisdiction  over 
the  Cumberland  rood,  and  drew  up  his  senti- 
ments in  full,  for  the  consideration  of  Congress 
and  the  country.  His  argument  is  abridged 
and  condensed  in  this  view  of  it ;  but  his  posi- 
tions and  conclusions  preserved  in  full,  and  with 
scrupulous  correctness.  And  the  whole  paper, 
as  an  exposition  of  the  differently  understood 
parts  of  the  constitution,  by  one  among  those 
most  intimately  acquainted  with  it,  and  as  ap- 
plicable to  the  whole  question  of  constructive 
powers,  deserves  to  bo  read  and  studied  by  every 
student  of  our  constitutional  law.  The  only 
point  at  which  Mr.  Monroe  gave  Way,  or  yielded 
in  the  least,  to  the  temper  of  the  times,  was  in 
admitting  the  power  of  appropriation— the  right 
of  Congress  to  appropriate,  but  not  to  apply 
tnoney — to  internal  improvements ;  and  in  that 
ho  yielded  against  his  earlier,  and,  as  I  believe, 
better  judgment.  He  had  previously  condemned 
the  appropriation  as  well  as  the  application,  but 
finally  yielded  on  this  point  to  the  counsels  that 
beset  him  J  but  nuptorially,  as  appropriation 


without  application  was  inoperative,  an''  a  balj 
to  the  whole  system.     But  an  act  was  pa.«fi<!<j| 
soon  after  for  surveys— for  making  surveys  c//l 
routes  for  roads  and  canals  of  general  and  nation-l 
al  importance,  and  the  sum  of  .^30,000  was  ap.1 
propriated  for  that  purpose.      The  act  was  t|l 
carefully  guarded  as  words  could  do  so,  in  ibl 
limitation  to  objects  of  national  importance,  bull 
only  presented  another  to  the  innumerable  iii.| 
stances  of  the  impotcncy  of  words  in  securin 
the  execution  of  a  law.    The  selection  of  routal 
under  the  act,  rapidly  degenerated  from  nationill 
to  sectional,  from  sectional  to  local,  and  from  Io.l 
cal  to  mere  neighborhood  improvements.    Eitrirf 
in  the  succeeding  administration,  a  list  of  souiJ 
ninety  routes  were  reported  to  Congress,  frou 
the  Engineer  Department,  in  which  occur 
names  of  places  hardly  heard  of  before  outsidi 
of  the  State  or  section  in  which    they  wert 
found.    Saugatuck,  Amounisuck,  Pasumic,  Wv, 
nispiseogee,  Piscataqua,  Titonic  Falls,  Lake  Men 
phramagog,  Conncaut    Creek,    Holmes'    HolJ 
Lovejoy's  Narrows,  Steele's  Ledge,  Cowheg 
Androscoggin,  Cobbiesconte,  Ponceaupechau4 
alias  Soapy  Joe,  wore  among  the  objects  whicll 
figured  in  the  list  for  national  improvemenlj 
The  bare  reading  of  the  list  was  a  condemnatioj 
of  the  act  under  which  they  were  selected,  i 
put  an  end  to  the  annual  appropriations  wh 
were  in  the  course  of  being  made  for  these  smf 
vcys.    No  appropriation  was  made  after  the  ye 
1827.    Afterwards  the  veto  message  of  Tm 
dent  Jackson  put  an  end  to  legislation  u(o^ 
local  routes,  and  the  progress  of  events  has  witbj 
drawn  the  whole  subject — the  subject  of  a  syi 
tern  of  national  internal  improvement,  once  4 
formidable  and  engrossing  in  the  public  mind-f 
from  the  halls  of  Congress,  and  the  discussion 
of  the  people.    Steamboats  and  steam-cars  ban 
superseded  turnpikes  and  canals ;  individual  eil 
terprise  has  dispensed  with  national  IcgislatioJ 
Hardly  a  great  route  exists  in  any  State  wl 
is  not  occupied  under  State  authority.    E^iJ 
great  works  accomplished  by  Congress,  at  vai 
cost  and  long  and  bitter  debates  in  Cong 
and  deemed  eminently  national  at  the  time,  baJ 
lost  that  character,  i.nd  sunk  into  the  class  il 
common  routes.    The  Cumberkiid  road,  whkj 
cost  ^6,670,000  in  money,  and  was  a  promiiiei 
subject  in  Congress  for  thirty-four  years— fr< 
1802,  when  it  was  conceived  to  1836,  when  it  v 
abandoned  to  the  States :  this  road,  once  sr 


GENERAL  KEMOVJ 


ASXO  1824.    JAMta  MOXKOE,  PRF^IDKNT. 


27 


the  yea: 
of  Prcal 
Uon  upi 
las  \ritb[ 
of  a  8}^ 
once 
mind-| 
iiscussiod 
cars  ban 
vidual  eil 
cgislatioij 
;ate  vhid 
Ed 
at  vai 
Congr 
time,  htij 
te  class  li 
lad,  whi(j 
irominei 
,rs-f« 
ten  it  \ 
ice  sr 


orbing  >)Oth  of  public  money  and  public  atten- 
iion,  luM  degenerated  into  a  common  hi|;hway, 
^D(l  is  entirely  superseded  by  the  parallel  rail- 
route.     The  fiamo  may  be  said,  in  a  Ichs  de- 
e,  of  the  Chesapeake  and  Ohio  canal,  once  a 
Lational  object  of  federal  legislation  intended,  as 
Its  nnmo  imports,  to  connect  the  tide  water  of 
he  Atlantic  with  the  grrat  rivers  of  tho  West ; 
Lw  a  local  canal,  chiefly  used  by  some  com- 
panies, very  beneficial  in  its  place,  but  sunk  from 
be  national  character  which  commanded  for  it 
he  votes  of  Congress  and  large  appropriations 
am  the  federal  treasury.    Mr.  Monroe  was  one 
|f  the  most  cautious  and  deliberate  of  our  pub- 
;  men,  thoroughly  acquainted  with  the  theory 
nd  the  working  of  the  constitution,  his  opinions 
Lpon  it  entitled  to  great  weight ;  and  on  this 
oint  (of  internal  improvement  within  the  States 
ly  the  federal  government)  his  opinion  has  be- 
lome  law.    But  it  does  not  touch  the  question 
f  improving  national  rivers  or  harbors  yielding 
bvcnue — appropriations  for  tho  Ohio  and  Missis- 
■ppi  and  other  large  streams,  being  easily  had 
}hcn  imincumbered  with  local  objects,  as  shown 
-  the  appropriation,  in  a  sopar-xte  bill,  in  1824, 
'  $75,000  for  the  improvement  of  these  two 
Irers,  and  which  was  approved  and  signed  by 
Ir.  Monroe. 


CHAPTER    XI. 

GENERAL  BEMOVAL  OF  INDIANS. 

it  Indian  tribes  in  the  difterent  sections  of  the 
oion,  had  experienced  very  different  fates — in 
(e  northern  and  middle  States  nearly  extinct — 
i  the  south  and  west  they  remained  numerous 
bd  formidable.    Before  the  war  of  1812,  with 

eat  Britain,  these  southern  and  western  tribes 
(Id  vast,  compact  bodies  of  land  in   these 

ates,  preventing  tho  expansion  of  tue  white 
Jttlements  within  their  limits,  and  retaining  a 
Lngerous  neighbor  within  their  borders.  The 
Ictories  of  General  Jackson  over  the  Creeks, 
|d  the  territorial  cessions  which  ensued  made 

!  first  great  breach  in  this  vast  Indian  domain ; 
^t  much  remained  to  be  done  to  free  the  south- 

1  and  western  States  from  a  useless  and  dan- 

Dus  population— to  give  them  the  use  and 
|risdiction  of  all  the  territory  within  their 

lits,  and  to  place  them,  in  that  respect,  on  an 


equality  with  the  northern  and  middle  Stntos. 
From  the  CArlifst  |)erio<ls  of  the  colonial  s»ttlo- 
mentB,  it  had  been  the  policy  of  the  f^vernment. 
by  successive  ptirchasss  of  their  territory,  to 
remove  these  tribi-a  further  and  further  to  tho 
west ;  and  that  policy,  vi)»)rouNly  piirsur<I  after 
the  war  with  Great  Britain,  had  made  much 
progress  in  freeing  Bev<;ral  of  these  States  (Ken- 
tucky entirely,  and  Tennessee  almost)  from  this 
population,  which  so  greatly  hindered  the  expan- 
sion of  their  settlements  and  so  much  chcckcil 
the  increase  of  their  growth  and  strength.   Still 
there  remained  up  to  the  year  1824 — the  last 
year  of  Mr.  Monroe's  administration — largo  por- 
tions of  many  of  these  States,  and  of  the  terri- 
tories, in  the  hands  of  tho  Indian  tribes ;   in 
Georgia,  nine  and  a  half  millions  of  acnxs ;  in 
Alabama,  seven  and  a  half  millions ;  in  Missis^ 
sippi.  fifteen  and  three  quarter  millions ;  in  tho 
territory  of  Florida,  four  millions ;  in  the  terri- 
tory of  Arkansas,  fifteen  and  a  half  millions ; 
in  the  State  of  Missouri,  two  millions  and  three 
quarters ;  in  Indiana  and  Illinois,  fifteen  mil- 
lions ;  and  in  Michigan,  east  of  the  lake,  seven 
millions.    All  these  States  and  territories  were 
desirous,  and  most  justly  and  naturally  so,  *.o 
get  possession  of  these  vast  bodies  of  land, 
generally  the  best  within  their  limits.     Georgia 
held  the  United  States  bound  by  a  compact  to 
relieve  her.    Justice  to  the  other  States  and  ter- 
ritories required  the  same  relief ;  and  the  appli- 
cations to  the  federal  government,  to  which  the 
right  of  purchasing  Indian  lands,  even  within  the 
States,  exclusively  belonged,  were  incessant  and 
urgent.    Piecemeal  acquisitions,  to  end  in  get* 
ting  the  whole,  were  the  constant  effort ;  and  it 
was  evident  that  the  encumbered  States  and  ter> 
ritories  would  not,  and  certainly  ought  not  to  be 
satisfied,  until  all  their  soil  was  open  to  settle- 
ment, and  subject  to  their  jurisdiction.    To  the 
Indians  themselves  it  was  equally  essential  to  be 
removed.    The  contact  and  pressure  of  the  white 
race  was  fatal  to  them.    They  had  dwindled  un- 
der it,  degenerated,  become  depraved,  and  whole 
tribes  extinct,  or  reduced  to  a  few  individuals, 
wherever  they  attempted  to  remain  in  the  old 
States ;  and  could  look  for  no  other  fate  in  the 
new  ones. 

"What,"  exclainncd  Mr  Elliott,  senator  from 
Georgia,  in  advocating  a  system  of  general  re- 
moval— "  what  has  become  of  the  immense  hordes 
of  these  people  who  once  occupied  the  soil  of  tlie 


■ ,  -    5, 


28 


THIRTY  YF.APS'  VIEW. 


older  StnJcs  ?  In  New  Plnplaml,  whore  niitncr- 
oiiH  nn<l  wnrliko  trilK-H  once  so  flcrrcly  contcn<U'<l 
for  si!iinTn!K-y  with  our  forefathers,  V>ut  two 
thoiisan<l  fivo  IniiKlred  of  their  ilcsrendants  re- 
main, nntl  they  arc  «lisiiirite(l  and  deprnded.  Of 
the  jtowerfid  leapiic  of  the  Six  Nations,  so  lonp  the 
Kcoiirpt"  and  ternjr  of  New- York,  only  nl)Out  five 
thousand  souls  remain.  In  New  Jersey,  Pennsyl- 
vania, and  Maryland,  the  nnmcrons  and  powerful 
trihes  once  seen  there,  are  cither  extinct,  or  so  re- 
duced as  to  escape  observation  in  any  enumeration 
of  the  States'  iiihahifants.  In  Virginia,  Mr.  Jef- 
ferson informs  us  that  there  were  at  the  com- 
mencement of  its  colonization  (1007),  in  the  com- 
paratively small  portion  of  her  extent  which  lies 
between  the  sea-coost  and  the  mountains,  and 
from  the  Potomac  to  the  most  Boiithcm  waters 
of  James  Kiver,  upwards  of  forty  tribes  of 
Indians:  now  there  are  but  forty-seven  individ- 
uals in  tho  whole  State!  In  North  Carolina 
none  arc  counted ;  in  South  Carolina  only  four 
himdrcd  and  fifty.  AVhilo  in  Georgia,  where 
thirty  years  since  there  were  not  less  than  thirty 
thousand  souls,  there  now  remain  some  fifteen 
thousand — the  one  Lalf  having  disappeared  in  a 
single  generation.  That  many  of  these  people 
have  removed,  and  others  perished  by  the  sword 
in  the  frequent  wars  which  have  occurred  in  the 
progress  of  our  settlements,  I  am  free  to  admit. 
But  where  are  the  hundreds  of  thousands,  vrith 
their  descendants,  who  neither  removed,  nor 
were  thus  destroyed  ?  Sir,  like  a  promontory 
of  sand,  exposed  to  the  ceaseless  encroachments 
of  the  ocean,  they  have  been  gradually  wasting 
away  before  tho  current  of  the  advancing  white 
population  which  set  in  upon  them  from  every 
quarter;  -nd  unless  speedily  removed  beyond 
the  influence  of  this  cause,  of  the  many  tens  of 
thousands  now  within  the  limits  of  the  southern 
and  western  States,  a  remnant  will  not  long  be 
found  to  point  you  to  the  graves  of  their  ances- 
tors, or  to  relate  tho  sad  story  of  their  disap- 
pearance from  earth." 

Mr.  Jefferson,  that  statesman  in  fact  as  well 
as  in  name,  that  man  of  enlarged  and  compre- 
hensive views,  whoso  p.'orogative  it  was  to  fore- 
see evils  and  provide  againi-t  them,  had  long  fore- 
seen the  evils  both  to  the  Indians  and  to  the 
whites,  in  retaining  any  part  of  these  tribes  within 
our  organized  limits;  and  upon  tho  first  acquisi- 
tion of  Louisiana — w^ithin  three  months  after  the 
Kquisition — ^proposed  it  for  the  future  residence 


of  all  the  tribes  on  the  east  of  tho  MisKL>isi[[. 
and  his  plan  had  I)oen  acted  upon  in  Fomc  c 
gnx»,  I)Otli  by  himself  and  his  immediate  siiro. 
sor.     But  it  was  reserved  for  Mr.  Monroe's  t'j 
ministration  to  take  up  the  subject  in  its  w 
sense,  to  move  upon  it  as  a  system,  and  to  t,\ 
complish  at  a  single  operation  tho  removal  i 
all  the  triljes  from  the  east  to  the  west  side  ( 
the  Mis.sissippi — from  tho  settled  States  andij 
ritorics,  to  the  wide  and  wild  expanse  of  I.oui/ 
ana.    Their  preservation  and   civilization,  jji 
permanency  in  their  new  possessions,  were  toll 
their  advantages  in  this  removal — delusive, 
might  be,  but  still  a  respite  from  impending  c 
struction  if  they  remained  where  they  were.  TlJ 
comprehensive  plan  was  advocated  by  Mr.  Cjl 
houn,  then  Secretary  of  ^Var,  and  charged  va 
the  administration  of  Indian  affairs.   It  was  a  [j'J 
of  incalculable  value  to  the  southern  and  wcj 
em  States,  but  impracticable  without  the  heart 
concurrence  of  the  northern  and  non-slavchokiij 
States.    It  might  awaken  the  slavery  questioi 
hardly  got  to  sleep  after  the  alarming  agitatioj 
of  the  Missouri  controversy.      The  States  i 
territories  to  be  relieved  were  slaveholding. 
remove  tho  Indians  would  make  room  for  tlj 
spread  of  slaves.    No  removal  could  be  eflccli 
without  the  double  process  of  a  treaty  and  i 
appropriation  act — the  treaty  to  be  ratified  i| 
two  thirds  of  the  Senate,  where  the  slave  i 
free  States  were  equal,  and  the  appropriation  | 
bo  obtained  from  Congress,  where  free  Stal 
held  the  majority  of  members.      It  was  evid 
that  the  execution  of  the  whole  plan  was  in 
hands  of  the  free  States ;  and  nobly  did  they  ^ 
their  duty  by  the  South.    Some  societies, 
some  individuals,  no  doubt,  with  very  hun 
motives,  but  with  the  folly,  and  blindness,  j 
injury  to  the  objects  of  their  care  which  gencr 
attend  a  gratuitous  interference  with  the  affal 
of  others,  attempted  to  raise  an  outcry,  and  niij 
themselves  busy  to  frustrate  the  plan  ;  but  I 
free  States  themselves,  in  their  federal  acti 
and  through  the  proper  exponents  of  their » 
1— their  delefiitions  in  Congress — cordially 
currcd  in  it,  and  faithfully  lent  it  a  helping  i 
efiBcient  hand.     The  Pre.sident,  Mr.  Monrotl 
the  session  1824-'25,  recommended  its  adopiil 
to  Congress,  and  asked  the  necessary  appropij 
tion  to  begin  from  the  Oongress.   A  bill  wasj 
ported  in  the  Senate  for  that  purpose,  and  un 
mously  passed  that  body.     What  is   mq 


treaties  made  with 
fibos  in   182'i,  for  th 


ANNO  182t.    JAMKS  MoNUOf;  mFSIUKNT. 


29 


trc^tioH  made  with  the  Kanwu  and  Osage 
fi{)Os  in   182.J,  for  the  cefwk)n  to  the  United 
kati*  of  all  their  vast  territory  wcHtof  MisHoiiri 
h(l  Arkanww,  except  small   reserves  to  them- 
klros,  and  which  treaties  hod  been  made  with- 
lit  previous  authority  from  the  government,  and 
Ir  thi'  purpose  of  acijuirinf;  new  homes  for  all 
L  Indians  east  of  tho  Mississippi,  were  duly 
^(1  rondily  ratified.    Those  treaties  were  made 
;  St.  Louis  by  General  Clarke,  without  any  au- 
Lority,  so  far  as  this  large  acquisition  was  con- 
Irnod,  at  my  instance,  and  upon  my  assurance 
lat  the  Senate  would  ratify  them.  It  was  done. 
hey  were  ratified  :  a  great  act  of  justice  was 
Indireil  to  the  South.     Tho  foundation  was 
|J  for  tho  future  removal  of  tho  Indians,  which 
I  followed  up  by  subsequent  treaties  and  acts 
'  Con,;res3,  until  tho  southern  and   western 
ales  were  as  free  as  the  northern  from  tho  in- 
jimbrance  of  an  In<lian  population ;  and  I,  who 
i  an  (\ctor  in  these  transactions,  wlio  reported 
:  bills  and  advocated  the  treaties  which  brought 
lis  gnat  benefit  to  tho  south  and  west,  and 
Itnegsed    the    cordial    support  of  the  nem- 
Irs  from   the  free  States,  without  whoso  con- 
irrence  they  could  not  have  been  passed — I, 
p  wish  for  harmony  and  concord  am«ng  all 
States,  and  all  the  sections  of  this  Union, 
tc  it  to  tho  cause  of  truth  and  justice,  and  to 
cultivation  of  fraternal   feelings,  to   bear 
faithful  testimony  to  tho  just  and  liberal 
^duct  of  the  non-slaveholding  States,  in  re- 
ling  tho  southern  and  western  States  from 
I  large  an  incumbrance,  and  aiding  the  extcn- 
|n  of  their  settlement  and  cultivation.    The 
ommendation  of  Mr.  Monroe,  and  the  treaties 
1 1825,  were  the  beginning  of  the  system  of 
al  removal;  but  it  was  a  beginning  which 
lured  the  success  of  tho  whole  plan,  and 
Is  followed  up,  as  will  be  seen,  in  tho  history 
pch  case,  until  the  entire  system  was  accom- 
kcd. 


CHAPTER    XII. 

BIT  OF  LAFAYETTE  *rO  THE  UNITED  STATES. 

Ithe  summer  of  this  year  General  Lafayette, 
ocpanicd  by  his  son,  Mr.  George  Washing- 
I  Lafayette,  and  under  an  invitation  from  the 
isidcnt  revisited  the  United  States  after  a 


lapse  of  forty  years.     II  •  wa-i  recfiMil  with  un- 
l)oun<Ie<l  honor,  atrcction,  and  grntituilu  by  the 
American  jifojiK'.    To  the  sMrvi\ors  of  tin-  UfVi*- 
liition,  it  wrs  the  return  oi  a  limtluT ;  to  tl>e 
new  generation,  l)<)rii  since  tlmt  time,  it  wns  tho 
apparition  of  ••'       istoricul  clmrncti'r,  familiar 
from  tho  cradle ;  and  comliiniii';  all  tin-  titles  to 
love,  admiration,  gratitude,  cnthu^itusin,  which 
could  act  upon  the  heart  and  the  iiiia).'iiiatiun  of 
tho  young  ond  tho  ardent.     He  vi.^iled  every 
Stato  in  tho  Union,  doubled  in  nuinber  .since,  as 
tho  friend  and  pupil  of  Washington,  ho  had  spilt 
Ills  blood,  and  lavished  his  foi  tune,  for  their  in- 
dependence.     His  progress  through  the  States 
was  a  triumphal  proces-siun,  such  iw<  no  llonian 
ever  led  up — a  procession  not  through  a  city, 
but  over  a  continent — followed,  not  by  captives 
in  chains  of  iron,  but  by  a  nation  in  the  bondd 
of  all'ection.      To  him  it  was  an  unexpected  nud 
ovcriHJwering  reception.     His  modest  estimate  of 
himself  had  not  allowed  him  to  suppose  that  ho 
was  to  electrify  a  continent.    He  expected  kind- 
ness, but  not  enthusiasm.    He  expected  to  meet 
with  surviving  friends — not  to  rouse  a  young  gen- 
eration.   As  he  approached  the  harbor  of  New- 
York,  ho  mode  inquiry  of  some  ncquuiiitancc  to 
know  whether  ho  could  find  a  hack  to  convey 
him  to  a  hotel  ?    Illustrious  man,  and  modest  as 
illustrious  !    Little  did  he  know  that  all  Ame- 
rica was  on  foot  to  receive  him — to  take  posses- 
sion of  him  the  moment  he  touched  her  soil — to 
fetch  and  to  carry  him — to  feast  and  applaud 
him — to  make  him  the  guest  of  cities.  State;?, 
and  tho  nation,  as  long  as  he  could  be  detained. 
Many  wore  the  happy  meetings  which  he  had 
with  old  comrades,  survivors  for  near  half  a 
century  of  their  early  hardships  and  dangers ; 
and  most  grateful  to  his  heart  it  was  to  see 
them,  so  many  of  them,  exceptions  to  the  maxim 
which  denies  to  the  beginners  of  revolutions  the 
good  fortune  to  conclude  them  (and  of  which 
maxim  his  own  country  had  just  been  so  sad  an 
exemplification),  and  to  see  his  old  comrades  not 
only  conclude  the  one  they  began,  but  live  to  enjoy 
its  fruits  and  honor.-^.    Three  of  his  old  as.sociate9 
he  found  ex-presidents  (Adams,  Jefferson,  and 
Madison),  enjoying  the  respect  and  atl'ection  of 
their  country,  after  having  reached  its  highest 
honors.     Another,  and  tl>.e  last  one  that  Time 
would  admit  to  the  Presidency  (Mr.  Monroe), 
now  in  the  Presidential  chair,  and  inviting  him 
to  revisit  the  land  of  his  adoption.     Many  of  his 


30 


TIIIRTV  TKARS*  VIEW. 


i-arly  »»cotMatcH  wrn  in  the  two  Ilniinofl  of  Con- 
(TTCKH — many  in  Uk«  Stntw  (jovcmniPnU,  «n<l 
inimy  inoro  in  nil  tlio  wnlkn  of  private  lifo,  pt- 
triiiri'lial  h'itvh,  ri'K|KTtt'<l  for  thi-ir  characterH, 
and  Teneralwl  for  thoir  patriotic  wrviccH.  It 
wiw  a  ^'rat^■fnl  sptrtaclo,  ami  the  more  imprcs- 
Kive  from  the  ralamitoim  fate  which  he  hwl  seen 
atti;n»l  no  many  of  the  revolutionary  patriots  of 
the  01(1  AVorld.  Uiit  the  enthiisiaNm  of  the 
yoimR  peneration  astonished  and  cxcitwl  him, 
and  pavo  him  a  now  view  of  himself— a  future 
piimpso  of  himself— and  Biich  as  lio  woidd  be 
seen  in  after  apes.  IJcforo  them,  he  was  in  the 
presence  of  posterity ;  and  in  their  applause  and 
admiration  he  saw  his  own  future  place  in  his- 
tory, passinp  down  to  the  latest  time  as  one  of 
the  most  perfect  and  beautiful  characters  which 
one  of  the  mo.st  eventful  periods  of  the  world 
had  produced.  Mr,  Clay,  as  Speaker  of  the 
House  of  Kcprcsentatives,  and  the  organ  of  their 
congratulations  to  Lafayette  (when  ho  was  re- 
ceived in  the  hall  of  the  House),  very  felicitously 
seized  the  idea  of  his  i)resent  confrontation  with 
posterity,  and  adorned  ana  amplified  it  with  the 
graces  of  orotory.  He  said :  "  The  vain  wish 
has  been  sometimes  indulged,  that  Providence 
would  allow  the  patriot,  after  death,  to  return 
to  his  country,  and  to  contemplate  the  inter- 
mediate changes  which  had  tal  en  place — to  view 
the  forests  felled,  the  cities  built,  the  mountains 
levelled,  the  canals  cut,  the  highways  opened, 
the  progress  of  the  arts,  the  advancement  of 
learning,  and  the  increase  of  population.  Gen- 
eral !  your  present  visit  to  the  United  States  is 
the  realization  of  the  consoling  object  of  that 
wish,  hitherto  vain.  You  are  in  the  midst  of 
posterity  !  Every  where  you  must  have  been 
struck  with  the  great  changes,  physical  and 
moral,  which  have  occurred  since  you  left  us. 
Even  this  very  city,  bearing  a  venerated  name, 
alike  endearing  to  you  and  to  us,  has  since 
emerged  from  the  fores  which  then  covered  its 
site.  In  one  respect  you  behold  us  unaltered, 
and  that  is,  in  tho  sentiment  of  continued  devo- 
tion to  liberty,  and  of  ardent  affection  and  pro- 
found gratitude  to  your  departed  friend,  the  fa- 
ther of  his  country,  and  to  your  illustrious  asso- 
ciates in  the  field  and  in  the  cabinet,  for  the  mul- 
tiplied blessings  which  surround  us,  and  for  the 
very  privilege  of  addressing  you,  which  I  now 
have."  He  was  received  in  both  Houses  of  Con- 
gress with  equal  honor;  but  the  Houses  did 


not  limit  thcmM'lvcfl  to  honora:  they  a<Mi(|.v] 
Ntantial  rewards  for  long  |uu(t  Rorvices  and  s.x^ 
fires — two  hundred  thousand  dnilarn  in  mutt 
and  twenty-four  thousand  acres  of  fertile  Inn  I J 
Flori<la.     These  noble  grants  did  not  pass  «it) 
out  objection — objection  to  tho  principle,  nut  i 
the  amount.     The  ingratitude  of  republics  h  J 
theme  of  any  dcclaimcr :  it  required  a  7V/i  iij 
to  say,  that  gratitude  was  tho  death  of  repiilil 
and  tho  birth  of  monarchies ;  and  it  beloopi  i 
the  people  of  tho  United  States  to  cxhiliitJ 
exception  to  that  profound  remark  (as  thn{ 
to  so  many  other  lessons  of  liistory),  and  slioil 
young  republic  that  knows  how  to  bo  pratcU 
without  being  unwise,  and  is  able  to  pay  thc(lt| 
of  gratitude  without  giving  its  liberties  in  thcil 
charge  of  tho  obligation.    The  venerable  Mr.  ]d 
con,  yielding  to  no  one  in  lovo  and  admiration  J 
Lafayette,  and  appreciation  of  his  services  andij 
criflces  in  the  American  cause,  opposed  the  pn 
in  the  Senate,  and  did  it  with  tho  honesty  of  p 
poso  and  tho  simplicity  of  language  which  di$i 
guished  all  the  acts  of  his  life.    He  said : 
was  with  painful  reluctance  that  he  felt  hims[{ 
obliged  to  oppose  his  voice  to  the  passage  ofil 
bill.    Ho  admitted,  to  the  full  extent  clalmcdll 
them,   tho   great  and  meritorious  services  i 
General  Lafayette,  and  ho  did  not  object  to  i 
precise  sum  which  this  bill  proposed  to  avrJ 
him ;  but  ho  objected  to  the  bill  on  this  grouH 
ho  considered  General  Lafayette,  to  all  inta 
and  purposes,  as  having  been,  during  our  rcrgll 
tion,  a  son  adopted  into  the  family,  taken  ■ 
tho  household,  and  placed,  in  every  respect,  | 
tho  same  footing  with  the  other  sons  of  thcs 
family.    To  treat  him  as  others  were  tr 
was  all,  in  this  view  of  his  relation  to  us.  ( 
could  bo  required,  and  tHi  had  been  done. 
General  Lafayette  inade  great  sacrifices, 
spent  much  of  his  money  in  the  service  of  i 
country  (said  Mr.  M.),  I  as  firmly  believe  i 
do  any  other  thing  under  the  sun.    I  haTcl 
doubt  that  every  faculty  of  his  mind  and  I 
were  exerted  in  the  Revolutionary  war,  in  | 
fence  of  this  country ;  but  this  was  equally  j 
case  with  all  the  sons  of  the  family.    Many( 
tivo  Americans  spent  their  all,  made  greats 
fices,  and  devoted  their  lives  in  tho  same 
This  was  the  ground  of  his  objection  to  thisll 
which,  he  repeated,  it  was  as  disagreeable| 
him  to  state  as  it  could  be  to  the  Senate  to  I 
He  did  not  mean  to  take  up  the  time  of  the  I 


tie  in  dch«to  upon  tho 
I,)  move  any  amondnu'nt 
lliat,  when  such  thinps  v 
iliint-  with  a  free  hand. 
Hplc  of  tho  bill,  therefor 
LipoM'd  to  be  piven  by  it 
The  ardent  Mr.  Ilayne, 
nrliT  of  the  bill  in  the 
lljittinns,  and  first  show 
jrom  Lafayette,  who  won 
Ifith  the  proposed  grant),  h 
icrifices  in  our  cause. 
he  American    service, 
1,17    to    1783,  tho    sun 
I  $140,000),   and  under 
-a  foreigner,  owing  us 
jis  fortune  into  the  scale  v 
luhed  in  our  cause.     He  1 
ank  and  fortune,  and  th 
kmiiy,  to  come  and  servo 
nies,  ond  without  pay 
ncd  a  regiment  for  our 
i  veHol  to  us,  loaded  with 
was  not  until  the  yea: 
uincd  by  the  French  revol 
krts  in  the  cause  of  libert 
kive  tho  naked  pay,  withoi 
officer  for  the  time  hi 
ke  vas  entitled  to  land  as 
ke  Revolution,  and  11,500 
Im,  to  be  located  on  any  o 
United  States.     His 
Jcres  adjoining  the  city  of 
|ongress  afterwards,  not  b 
ication,  granted  the  same  ( 
\m  Orleans.      His  locati 
las  80  informed ;  but  he  re 
lying  that  ho  would  have 
prtion  of  the  American  pa 
ation  to  be  removed ;  whi 
upon  ground  of  little 
what  was  then  worth 
fOO,000.    These  were  his 
8e8,and  sacrifices,  (Teat  ii 
at  value  to  our  cause,  bi 
the  moral  effect  of  his  e^ 
his  influence  with  the 
hich  procured  us  the  allJai 
iThe  grants  were  voted  wi 
p  with  the  general  concur 
1  people.    Mr.  Jefferson  y 
^ing  as  a  reason,  in  a  o 


AXNO  lS'.»:i.    JAMES  MoNKOK.  ri;K>II>F.XT. 


31 


»tc  in  ilch«tc  upon  the  prinripio  of  the  hill,  or  [ 
|n  move  anj  anicmlnu'nt   to   it.     Ho  ailmilttvl 
KiAt,  when  Hiich  thinpi  were  <lono,  they  Bhonld  I 
■  (lont!  with  a  free  hand.     I '   wa«  to  the  prin- 
Ulc  of  the  bill,  therefore,  and  not  to  tho  Huni 
liniiiooeil  to  Ih!  pvon  by  it,  tliat  ho  objected." 
The  anient  Mr.  Ilaync,  of  South  Carolina,  rc- 
ortiT  of  tlic  bill  in  the  Senate,  replie<l  to  the 
lljittions,  8n«l  first  showed  from  history  (not 
«in  Lafayette,  who  would  have  nothing  to  do 
tith  the  proposed  Rrnnt),  his  advances,  loascn,  and 
Hcriflcefl  in  our  cauRc.     Ho  had  expended  for 
American    service,    in    six     years,    from 
l:;7    to    1783,   tho    Kum    of   700,000    francs 
1 8140,000  ),  and  under   what   circumstances? 
-»  foreigner,  owing  us  nothing,  and  throwing 
[is  fortune  into  tho  scale  with  his  life,  to  bo  la- 
Lhed  in  our  cause.    Ho  lefl  tho  enjoyments  of 
knk  and  fortune,  and  tho  endearments  of  his 
^mily,  to  como  and  servo  in  our  almost  destitute 
nics,  and  without  pay.      Ho  equipped  and 
ncd  a  regiment  for  our  scrrico,  and  freighted 
1  Tctsol  to  us,  loaded  with  arms  and  munitions, 
was  not  until  tho  year  1794,  when  almost 
uincd  by  the  French  revolution,  and  by  his  ef- 
krts  in  the  cause  of  liberty,  that  ho  wou]  I  re- 
hire tho  naked  pay,  without  interest,  of  a  gene- 
officer  for  the  time  he  hod  served  with  us. 
ke  was  entitled  to  land  as  one  of  tho  officers  of 
ke  Revolution,  and  11,500  acres  was  granted  to 
Im,  to  be  located  on  any  of  the  public  lands  of 
United  States.     His  agent  located    1000 
bres  adjoining  the  city  of  New  Orleans ;  and 
|ongrcss  afterwards,  not  being  informed  of  the 
ication,  granted  the  same  ground  to  the  city  of 
lew  Orleans.      His  location  was  valid,  and  he 
las  so  informed ;  but  he  refused  to  adhere  to  it, 
Ijing  that  he  would  have  no  contest  with  any 
prtion  of  the  American  people,  and  ordered  the 
alien  to  be  removed ;  which  was  done,  and  car- 
upon  ground  of  little  value — thus  giving 
what  was  then  worth   ^50,000,  and  now 
|>0O,OOO.    These  were  his  moneyed  advances, 
8e8,and  sacrifices,  £Teat  in  themselves,  and  of 
at  value  to  our  cause,  but  perhaps  exceeded 
r  the  moral  effect  of  his  example  in  joining  us, 
his  influence  with  the  king  and  ministry, 
|iich  procured  us  the  alliance  of  France. 
iThe  grants  were  voted  with  great  unanimity, 
1  with  the  general  concurrence  of  the  Ameri- 
1  people.    Mr.  Jefferson  was  warmly  for  them, 
jring  as  a  reason,  in  a  conversation  with  me 


while  the  grants  wore  doprndinp  (for  the  hill 
wan  passerl  in  tin-  ('liii«tmas  hnliilityx,  when  I 
had  gone  to  Vir>;inin.  and  took  the  o|i|iorlniiity 
to  cftll  \i\«>\\  tli:it  iiTvat  n»an),  wliirli  Khnwe<l 
his  regard  for  liU-rtr  abnmd  iis  well  n><  at  home, 
and  his  far-seeing  sngarity  into  future  events. 
Ho  said  there  woidd  be  a  ohnnfre  in  France, 
and  Ijifayetto  would  bo  at  the  hend  of  it,  and 
ought  to  1)0  easy  and  independent  in  hi.s  eircum- 
stanccs,  to  bo  able  to  act  eftkienf ly  in  con<lucting 
the  movement.  This  he  snid  to  me  on  Christmas 
day,  1824.  Six  years  afterwnnis  this  view  into 
futurity  was  vcrifie<l.  Tho  old  Itourbons  hod  to 
retire:  the  Duke  of  Orleans,  a  bravo  general  in 
tho  republican  armies,  at  the  commencement  of 
tho  Revolution,  was  handed  to  tho  throne  by  La- 
fayette, and  became  tho  "  citizen  king,  surround- 
ed by  republican  institutions."  And  in  this 
Lafayette  was  consistent  and  sincere.  Ho  was 
a  republican  himself,  but  deemed  a  constitutional 
monarchy  the  proper  government  for  Franco,  and 
labored  for  that  form  in  the  person  of  Louis 
XVL  OS  well  as  in  that  of  Louis  Philippe. 

Loaded  with  honors,  and  with  every  feeling  of 
his  heart  gratified  in  tho  noble  reception  he  had 
met  in  the  country  of  his  adoption,  Lafayette  re- 
turned to  the  country  of  his  birth  the  following 
summer,  still  ns  the  gtiest  of  the  United  States, 
and  under  its  flag.  He  was  carried  back  in  a 
national  ship  of  war,  the  new  frigate  Brandy- 
wine — a  delicate  compliment  (in  the  name  and 
selection  of  the  ship)  from  the  new  President, 
Mr.  Adams,  Lafayette  having  wet  with  his  blood 
the  sanguinary  battle-field  which  takes  its  name 
from  the  little  stream  whkh  gave  it  first  to  the 
field,  and  then  to  the  frigate.  Mr.  Monroe,  then 
a  subaltern  in  the  service  of  the  United  States, 
was  wounded  at  the  same  time.  How  honorable 
to  themselves  and  to  the  American  people,  that 
nearly  fifty  years  afterwards,  they  should  again 
appear  together,  and  in  exalted  station ;  one  as 
President,  inviting  the  other  to  the  great  repub 
lie,  and  signing  the  acts  which  testified  a  na- 
tion's gratitude ;  the  other  as  a  patriot  hero, 
tried  in  the  revolutions  of  two  countries,  and  re- 
splendent in  the  glory  of  virtuous  and  consistent 
fame. 


1: " 


■f'>Vlf 


.13 


THIKTV  YKAIW  VIKW. 


CIlArTKU    XIII. 

Tin:  TAIilKI-,  AM)  AMKKH'AS  HVHTEM.  | 

TiiK  rivisioii  (»r  llio  Taiiir,  uitli  a  viow  to  tlio 
liroti'ction  of  homo  industry,  nnrl  to  the  cMtab-  | 
li^liiiiiiil  of  wliiit  wiw  tliiii  calliil,  ''Tlio  Aiiifri- 
nui  Systiiii,"  wan  oiiu  t)f  tlic  Iiirjco  subjects 
Jitforu  Cou^jrcss  iit  the  session  lMl].'{-2t,nn<l  wos  ' 
the  rrnular  cDimni-nceuicut  of  the  heated  dehate.s  ^ 
on  that  ((uestion  wliii:h  aflerward.H  ripened  into  ' 
a  serious  ililliculty  between  the  federal  govern-  i 
ment  and  soiiie  of  tlie  Hoiithern  States.  The  i 
pro>identiai  election  heinj;  tlien  deiH-ndiiiff,  the  , 
Bubjift  becnnio  tinctured  willi  party  politics,  in 
which,  so  far  as  that  ingredient  was  concerned, 
nnd  was  not  controlled  by  other  considerations, 
members  divided  jjretty  much  on  the  line  which 
always  divided  them  on  a  question  of  construct- 
ive powers.  The  protection  of  domestic  indus- 
try not  beiii;;  among  the  granted  powers,  was 
looked  for  in  the  incidental ;  and  denied  by  the 
strict  constructionists  to  be  a  substantive  power, 
to  be  exercised  for  the  direct  purpose  of  jirotec- 
tion;  but  admitted  by  all  at  that  time,  and  ever 
since  the  first  taritl'  act  of  1789,  to  be  an  inci- 
dent to  the  revenue  raising  power,  and  an  inci- 
dent to  bo  regarded  in  the  exercise  of  that 
I)Ower.  I'evenuo  the  object,  protection  the  inci- 
dent, had  been  the  rule  in  the  earlier  tarifls : 
now  that  rule  was  sought  to  be  reversed,  and  to 
make  protection  the  object  of  tlic  law,  and  reve- 
nue the  incident.  The  revision,  and  the  aug- 
mentation of  duties  which  it  contemplated, 
turned,  not  so  much  on  tlio  emptiness  of  the 
treasury  and  the  necessity  for  raising  money  to 
fill  it,  as  upon  the  distress  of  the  country,  and 
the  necessity  of  creating  a  home  demand  for  la- 
bor, provisions  and  materials,  by  turning  a  larpicr 
proportion  of  our  national  industry  into  the 
channel  of  domestic  manufactures.  Mr.  Clay, 
the  leader  in  the  proix»sed  revision,  and  the 
champion  of  the  American  System,  expressly 
placed  the  proposed  augmentation  of  duties  on 
this  ground ;  and  in  his  main  speech  upon  the 
question,  dwelt  upon  the  state  of  the  country, 
and  gave  a  [licture  of  the  public  distress,  which 
deserves  to  bo  reproduced  in  this  View  of  the 
working  of  our  government,  both  as  the  leading 
argument  for  the  new  tariff,  and  as  an  exhibi- 


tion of  a  national  distrcM,  which  Ihonv  who  «(•, 
not  coteni|.<>mry  with  the  nlato  of  thingM  u|i»| 
be  de'-crilxd,  would  find  it  dilllcult  to  conarj 
or  to  realize.     III!  said  : 

"  In  costing  our  eyes  around  um,  the  tno^l 
jiroininent  rircnnistonro  which  fixes  our  ntii- 
tion  and  challenges  our  <leci)<>st  regret,  is  i;. 
general  distress  which  |)ervtt<les  the  whole  eoi 
try.      It  is  force<l  upon  us  by  numerous  f 
of  the  most  inconlosf able  character.     Itisimj 
cated  l>y  tlie  diminished  exfiorts  of  native  pr  J 
(luce  ;  by  the  depressed  and  reduceil  state  of  oj 
foreign    navigation ;    by  our  duninished  mil 
merce  ;  by  successive  unthreshed  crojis  of  gra:/ 
iierishing  in  our  barns  for  want  of  a  markul 
by  the  alarming  diminution  of  the  circulaiir; 
medium;  by  the  nimu'rous  bankrujitcies  ;  liy, 
universal  complaint  of  the  want  of  tmploymiii'J 
and  a  consequent  reduction  of  the  wages  ofl 
bor ;  by  the  ravenous  pursuit  after  public  r.itu 
tions,  not  for  the  sake  of  their  honors,  and  \[\ 
performance  of  their  public  duties,  but  as  i 
means  of  private  subsistence  ;  by  the  reluctai 
resort  to  the  perilous  use  of  paper  n)oney ;  J 
the  intervention  of  legislation  ni  the  delical 
relation    between   debtor  and    cieditor ;    ma 
above  all,  by  the  low  and  depressed  state  of  il 
value  of  almost  every  description  of  the  whoi 
mass  of  the  property  of  the  nation,  which  I J 
on  an  average,  sunk  not  less  than  about  I 
per  centum  within  a  few  years.     This  distnj 
pervades  every  part  of  the  Union,  every  clas.s(i 
society ;  all  feel  it,  though  it  may  be  felt,  at 
ferent  places,  in  difrercnt  degrees.     It  is  like  tiJ 
atmosphere  which  surrounds  us :  all  must  it] 
halo  it,  and  none  can  escape  from  it.    A  fj 
years  ago,  the  planting  interest  consoled  ita 
with  its  happy  exemptions  from  the  general  c 
lamity ;  but  it  has  now  reached  this  interest  alii 
which  experiences,  though  with   less  severitj 
the  general  suffering.     It  is  most  painfVil  to  i 
to  attempt  to  sketch,  or  to  dwell  on  the  pio 
of  this  picture.    But  I  have  exaggerated  nothijj 
Perfect  fidelity  to  the  original  would  havei 
thorized   me  to  Imvo  thrown  on  deeper 
darker  hues." 

Mr.  Clay  was  tlic  leading  speaker  on  the  ] 
of  the  bill  in  the  House  of  Representatin 
but  he  was  well  supported  by  many  able 
effective  speakers — by  Messrs.  Storrs,  Tr 
Jphn  W.  Taylor,  from  Now- York ;  by  Mess 
Buchanan,  Todd,  Ingham,  Hemphill,  Andn 
Stewart,  from  Pennsylvania ;  by  Mr.  LcJ 
McLane,  from  Delaware;  by  Messrs.  BucbT 
F.  Johnson,  Letcher,  Metcalfe,  Trimble,  ^Vl 
Wicklifle,  from  Kentucky;  by  Messrs,  Cad 
bell,  Vance,  John  W.  Wright,  Vinton,  Whitlj 
sey,  from  Ohio;  Mr.  Daniel  P.  Cook, 
Illinois. 


"Within  my  own 

cause  for  such  gloomy 

kiitation.      In    resjtect 

Slates,  with  the  condit 

acquainted,  they  pre.sen 

pineral  pros|)i'rity,     Sii 

111-  a  depression  of  price.- 

rcxsure ;  the  next  inqu 

|ilat  evil,     A  depreciate 

jreat  part  of  the  countn 

Jegree  as  that,  at  one  ' 

the  centre  and  tlie  norti 

r  cent.     The  Bank  of 

Instituted  to  correct  th 

riiich  it  is  not  now  nc< 

lid  not  for  some  years  1 

bf  the  country  to  a  soinv 

he  British  House  of  Con 

potc,  decided  that  the  n 

unts  by  the  Bank  of  ; 

leferrcd  beyond  the  ens 

llien  bi'cn  in  a  state  of  si 

Ivc  years).     The  pajit-r 

;rtaiiily  communicated 

kropcrty.    It  had  cncou 

pelted  overtrading,     AVI 

me,  and  this  violent  pre 

t  the  same  moment  on 

Jngland,  inflated  and  unr 

[ept  up  no  longer,    A 

rhich  has  been  estimated 

lual  to  a  fall  of  thirty, 

[he  depression  was  univ 

^as  felt  in  the  United  S 

)t  equally  so  in  every  i 

b  time  of  these  foreign 

ptem    underwent   a  ch 

lu.«es,  in  my  view  of  the 

Mucc  the  great  shock  w 

Immercial  cities,  and  tin 

|e  country.     The  year  1 

.■rous  failures,  and  very 

M  would  have  furnishe 

[an  exist  at  present  for  t 

lion  which  hits  bjen  pre 

Vol.  I._3 


AXN»)  1X21.    .lAMI-S  MoNKMF,  I'lU.-IM.M. 


33 


Xr,  Wrbtitcr  wax  the  lea<liii^  i*|wnkt>r  nn  tlif 
OtliiT  Mnlc.  >iii<l  <li>|iiiu-<l  till'  iiiiiu'rMility  of  tlii' 
(lii>trcMt  H'liK'li  lin<l  litt'ii  ilvM-riU'd ;  clttiiiiiiiK  t'X- 
ciiiplioii  friiin  it  in  Nrw  iiii^'laiiil  ;  di'iiiiMl  tin* 
hv^iiincii  cuiisc  till'  it  will  re  ii  iIkI  I'xi.it,  and  ut- 
tribtitcd  it  to  uvit  ixpunsioii  nnil  (ullupsi-  ul'tlii' 
imiiiT  M)'sti'in,  ax  in  (iri'ut  Iltiiuiii,  iiftir  tlio  U>u\! 
«ii)'|«'nMi<>ii  of  till)  Kiiiik  of  Kn^likiiil ;  denied  tlic 
niHcsttily  for  incnusod  |irott'tti«»n  to  nmnufuo- 
tiiri"*,  uii'l  it"*  inudiniiiiry.  if  ^'ininti'd,  to  the  rtliif 
i,f  the  country  wliiic  distress  priviiiKd ;    and 

lioiitestLHl  tlio  proj)riety  of  liijrli  or  pmliihitory 
(lulies.  in  tlio  [ircHent  uctive  and  intellipnt  state 
(pf  tiie  worhl.  to  Hlimulate  industry  and  nmnu- 

Ifatturing  enterprise.     IIu  said: 

•WitJiin   my  own   oliservntion,  tlicro  is  no 

I  cause  for  surli  gloomy  and  terrify  in(j  a  repre- 

iKiitation.      In   reHjiect   to   the   New    England 

ISittteH,  with  tlic  condition  of  which  I  am  best 

larquainted,  tliey  present  to  mo  a  period  of  very 

Ipumnil  prosi)ority.     Snpponinp;  tiie  evil  then  to 

|lio  ft  depression  of  prices,  and  a  partial  pecuniary 

resMire ;  the  next  inquiry  in  into  the  causea  of 

III  lit  evil.     A  depreciated  currency  existed  in  a 

great  part  of  the  country — depreciated  to  .such  a 

degree  as  that,  at  one  time,  exchange  between 

|tlic  centre  and  the  north  wa.s  as  hi^h  as  twenty 

er  cent.    The  Bank  of  the  United  iStates  was 

Instituted  to  correct  this  evil ;  but,  for  causes 

vliich  it  is  not  now  neces.sary  to  enumerate,  it 

jliil  not  for  some  years  bring  back  the  currency 

bf  the  country  to  a  sound  state.    In  May,  181U, 

Ihe  British  IIouso  of  Common.s,  by  nn  unanimous 

Vote,  decided  that  the  resumption  of  cash  pay- 

mnts  by  the  Bank  of  England  should  not  be 

deferred  beyond  the  ensning  February  (it  had 

liien  been  in  a  state  of  suspension  near  twcnty- 

Vc  years).     The  pnptr  system  of  England  had 

CTtaiiily  communicated   an  artificial  value   to 

Iropcrty.     It  had  encouraged  spcculaiion,  amt 

|xcited  overtrading.    When  the  shock  therefo<v 

ame,  and  this  violent  pressure  for  money  acted 

the  same  moment  on  the  Continent  and  in 

tnjtland,  inliated  and  unnatural  prices  could  be 

■ept  up  no  longer.    A  reduction   took   place, 

riich  has  been  estimated  to  liave  been  at  lea.st 

Iqual  to  a  fall  of  thirty,  if  not  forty,  per  cent. 

Ilie  depression  was  universal;  and  the  change 

las  felt  in  the  United  States  severely,  though 

y  equally  so  in  every  part  of  them.     About 

be  time  of  these  foreign  events,  our  own  bank 

istcm    imderwcnt   a  change ;    and  all   these 

Liscs,  in  mj'  view  of  the  subject,  concurred  to 

foduce  the  great  shock  which  took  place  in  our 

Immcrcial  cities,  and  through  many  parts  of 

ki'  country.     The  vear  ISl'J  was  a  year  of  nu- 

I'rous  failures,  and  very  considerable  distress, 

Id  would  have  furnished  far  better  grounds 

■an  exist  at  present  for  that  gloomy  represcn- 

]tion  which  has  baen  presented.     Mr.  SjK-aker 

Vol.  I.— 3 


(Clay)  ban  alluded  to  the  strong  im-linittion 
which  cM-.l-.,  >ir  luis  (xi'.ti'd.  in  \itii<ius  parit  i>f 
till'  ii>iinlr_\,  to  i«--ii('  pa|nr  money,  as  a  proof  nf 
gnat  existing  dilVir-ulii  •.-■.  I  lecnid  it  niihir  as 
a  Very  productive  caiiM'  nf  tlio^c  ditlicnhii  s  ;  uinl 
we  cannot  fail  to  olisrixe,  timt  there  >■>  at  thi^ 
moment  much  the  jniidrst  cnniplauit  of  ih-lnss 
prccixly  where  Ihi  ii'  1ms  l«'cn  (he  greatest  ut- 
lenipt  to  relieve  ii  by  a  system  of  pu|Kr  credit. 
Let  us  not  suppose  that  \\o  lire  liit/inniiii/  the 
iiroteclion  of  inaiiul'iu'tures  by  duties  on  imports. 
I.ook  to  the  hisliiry  of  our  laws;  look  to  the 
pre.  cut  state  i>f  our  laws,  ('onsider  that  our 
whole  revenue,  with  a  trilling  exception,  is  col- 
lected from  the  custom-house,  and  ulways  bus 
U'en ;  and  then  say  what  propriety  iheii-  is  in 
calling  on  the  government  for  protection,  as  if 
no  protection  had  heretofore  been  alliirded.  On 
the  general  question,  allow  me  to  ask  if  the 
doctrine  of  prohibition,  as  a  general  doctrine.  Ih.' 
not  preiK)sterous  ?  Suppose  all  nations  to  act 
upon  it:  they  would  be  prosperous,  then,  accord- 
ing to  the  argiunent,  precisely  in  the  proportion 
in  which  they  abolished  intercoinse  with  one 
another.  The  best  ajiology  for  laws  of  prohibi- 
j  tion  and  laws  of  monopoly,  will  be  found  in  that 
I  state  of  society,  not  only  uneidighteneil,  but 
sluggish,  in  which  they  are  most  generally  es- 
talilished.  I'livate  industry  in  tho.se  days,  re- 
quired strong  provocatives,  which  govenmient 
was  seeking  to  administer  by  these  means. 
Something  was  wanted  to  actuate  and  stinuilatu 
men,  and  the  prospects  of  such  profits  as  would, 
in  our  times,  excite  unbounded  competition, 
would  hardly  move  the  sloth  of  former  ages. 
In  some  instances,  no  doubt,  these  laws  produced 
an  etiect  which,  in  that  period,  would  not  have 
taken  pliir.  willn  ut  them.  (Instancing  the  pro- 
tfccti"  ii>  the  English  woollen  manufactures  in 
the  iiijK  of  the  Henrys  and  the  Edwards).  Hut 
oi<r  a;:e  i  wholly  of  a  ditlerent  charactL-r,  and 
its  lej.islatioii  takes  another  turn.  So<iety  u 
full  <M  excitement:  competition  comes  in  jilace 
of  r/nonopoly ;  and  intelligence  and  industry  ask 
only  for  fair  play  and  un  open  tield." 

With  Mr,  Webster  were  numerous  and  able 
speakers  on  the  side  of  free  trade:  From  his 
own  State,  Mr.  Baylies ;  from  New-York,  Mr. 
Cambreling;  from  Virginia,  Messrs.  Kii'idolph, 
Philip  P.  Barbour,  John  S.  Barbour,  larnet, 
Alexander  Smythe,  Floyd,  Mercer,  Arch,  r,  Ste- 
venson, Rives,  Tucker,  Mark  Alexander  ;  from 
North  Carolina,  Messrs.  Mangum,  Saunders, 
Spaight,  Lewis  Williams,  Burton,  Wcldon  N. 
Edwards  ;  from  South  Carolina,  Messrs.  Mc- 
Duffie,  James  Hamilton,  Poin.sett ;  from  Geor- 
gia, Messr-s.  Forsyth,  Tatnall,  Cuthbert,  Cobb; 
from  Tennessee,  Messrs.  Blair,  Isaaks,  Reynolds ; 
from  Louisiana,  Mr.  Edward  Livingston ;  from 
Alabama,    Mr.    Owen ;    from    Maryland,   Mr. 


iJ; 


34 


THIRTY  YEAnS'  XW.W. 


WarfleUI ;    from    JJisffissipjii,   Mr.   Christoplicr 
Rankin. 

Tlie  bill  wascnrriwl  in  the  House,  after  a  jiro- 
tractc<l  contest  of  ton  weeks,  b}'  the  lean  innjority 
of  fwe — 107  to  102 — only  two  members  ab.scr:t, 
'and  tlie  voting  so  zealous  tliat  several  mcmlicrs 
were  brought  in  uimn  tbt  ir  sick  coiiclies.    In  the 
Senate  the  bill  encountered  a  strenuous  resist- 
ance.    Mr.  Edwanl  Lloyd,  of  Maryland,  moved 
to  refer  it  to  the  committee  on  finance — a  motion 
fonsidered  hostile  to  tlie  bill ;  and  which  was 
lost  by  one  vote — 22  to  23.    It  was  then,  on  the 
motion  of  Mr.  Dicktrson,  of  New  Jersey,  referred 
to  the  committee  on  manufactures  ;  a  reference 
d'x-med  favorable  to  the  bill,  and  by  which  com- 
mittee it  was  soon  returned  to  the  Senate  with- 
out any  proposed  amendment.    It  gave  rise  to  a 
most  earnest  debate,  and  many  propositions  of 
amendment,  some  of  which,   of  slight  import, 
were  carried.    The  bill  itself  was  carried  by  the 
small  majority  of  four  votes — 25  to  21.    The 
principal  speakers  in  favor  of  the  bill  were: 
Jfessrs.  Dickerson,  of  New  Jersey ;  D'Wolf,  of 
Khode  Island ;  Holmes,  of  Maine ;  R.  M.  John- 
son, of  Kentucky ;  Lowrie,  of  Pennsylvania ;  Tal- 
bot, of  Kentucky;  Van  Buren.    Against  it  the 
principal  speakers  were :  Messrs.  James  Barbour 
and  John  Taylor,  of  Virginia  (usually  called 
John  Taylor  of  Caroline) ;  Messrs.  Branch,  of 
North  Carolina ;    Hayne,  of  South  Carolina ; 
Henry  Johnson  and  Josiah  Johnston,  of  Louisi- 
ana ;  Kelly  and  King,  of  Alabama ;  Rufus  King, 
of  New- York ;  James  Lloyd,  of  Massachusetts  ; 
Edward  Lloyd  and  Samuel  Smith,  of  Maryland ; 
Macon,  of  North  Carolina ;  Van  Dyke,  of  Dela- 
ware.    The  bill,  though  brought  forward  avow- 
edly for  the  protection  of  domestic  manufactures, 
was  not  entirely  supported  on  that  ground.    An 
increase  of  revenue  was  the  motive  with  some, 
the  public  debt  being  still  near  ninety  millions, 
and  a  loan  of  five  millions  being  authorized  at 
that  session.   An  increased  protection  to  the  pro- 
ducts of  several  States,  as  lead  in  Missouri  and 
Illinois,  hemp  in  Kentucky,  iron  in  Pennsylvania, 
wool  in  Ohio  and  New-York,  commanded  many 
votes  for  the  bill ;  and  the  impending  presidential 
election  had  its  influence  in  its  favor.    Two  of 
the  candidates,  Messrs.  Adams  and  Clay,  were 
avowedly  for  it;  General  Jackson,  who  voted 
for  the  bill,  was  for  it,  as  tending  to  give  a  home 
supply  of  the  articles  necessary  in  time  of  war, 
and  as  raising  revenue  to  pay  the  public  debt. 


I  Mr.  Crawford  was  oppose<l  to  it ;  and  Mr.  Cal. 
houn  had  been  withdrawn  from  the  list  of  prewj. 
dential  candidates,  and  become  a  candidate  for 
the  Vice-Presidency.     The  Southern  plantb| 
States  were  extremely  dissatisfied  with  the  pass, 
age  of  the  bill,  iK'Iieving  that  the  new  burdc™ 
upon  imj)orts  which  it  imposed  fell  npon  lh« 
producers  of  the  exports,  and  tended  to  enrifi 
one  section  of  the   Union  at  the   expense  of 
another.     The  attack  and  support  of  the  bill 
took  much  of  a  sectional  aspect ;  Virginia,  th« 
two  Carolinas,  Georgia,  and  some  others  bcin' 
nearly  unanimous  against  it.      Pennsylvania, 
New-Y'ork,  Ohio,  Kentucky  being  nearly  unani- 
mous for  it.    Massachusetts,  which  up  to  thii 
time  had  a  predominating  interest  in  commen.^. 
voted  all,  except  one  meml)er,  against  it.    Witlil 
this  sectional  aspect,  a  tariff  for  protection  also 
began  to  assume  a  political  aspect,  being  taken 
under  the  care  of  the  party  since  discriminntoi 
as  Whig,  which  drew  from  Mr.  Van  Burcn  i| 
sagacious  remark,  addressed  to  the  manufactur- 
ers themselves;  that  if  they  suficrcd  their  intc^| 
ests  to  become  identified  with  a  political  pi 
(any  one),  they  would  share  the  fate  of  t! 
party,  and  go  down  with  it  whenever  it  su 
Without  the  increased  advantages  to  some  Stat( 
the  pendency  of  the  presidential  election,  ai 
the  political  tincture  which  the  question 
to  receive,  the  bill  would  not  have  passed— i 
difScult  is  it  to  prevent  national  legislation  fi 
falling  under  the  influence  of  extrinsic  and 
dental  causes.    The  bill  was  approved  by  51 
Monroe — a  proof  that  that  careful  and  sti 
constructionist  of  the  Constitution  did  not  coi 
sider  it  as  deprived  of  its  revenue  character  bj 
the  degree  of  protection  which  it  extended. 


CHAPTER    XIV. 

THE  A.  B.  PLOT.         '  '  ' 

On  ilonday,  the  19th  of  April,  the  Speaker^ 
the  House  (Mr.  Clay)  laid  before  that  bodj| 
note  just  received  from  Ninian  Edwards,  Es| 
late  Senator  in  Congress,  from  Illinois,  and  Ik 
Minister  to  Mexico,  and  then  on  his  way  toil 
post,  requesting  him  to  present  to  the  IIou«| 
communication  which  accompanied  tlie  note,! 


|cfcat  his  election,  and 
lared  the  usual  fate  of  g 
ink  into  oblivion  after  t 
lad  it  not  been  for  tliis 
louse  (the  grand  inquest  o 
il  for  investigation.     The 
rcr,  did  not  seem  to  eont 
'ligation,  and  certainly  n 
Congress.    Congress  w 
■nt;  the  accuser  was  on 
charges  were  grave ;  th 
Icm  numerous  and  comple 
latiag  to  transactions  witl 
iks.    The  evident  expec 
that  the  matter  would 
!sion,  before  which  time 
\n  would  take  place,  and 
(no  to  Mr.  Crawford's  chai 
lanswered  accusations  of  ( 
imposingly  laid  before  th 
IConjress.     The  friends  « 
necessity  of  immediate  n( 
IVirginia,  instantly,  npor 
^mimication,  moved  that 
iuted  to  take  it  into  cons 
'empowered  to  send  for  f 
"'iministeroatliB— take  te 
^0  the  House;  with  leave 
"Timent,  iftheinvestiguti 
IK ;  and  publish  their  rej 
granted,  with  all  the  po 
raost  uncxceptionably 
'ker(Mr.Clay);  afa.sk 


ANNO  1824.     JAMES  MONROE,  rRR-IDKNT. 


35 


pcakcr 
at  bodji 
irds,  Ea 
amltl 
ray  to 
e  Iloust] 
noti. 


ffiiich  cliarpcd  illopalilies  and  miwonduct  on  tho 
cretary  of  the  Treasury,  Mr. William  II.  Craw- 
f„r(I.     The  charpcs  and  Hucclflcations,  spread 
hrotiph  a  voluminous  communication,  were  con- 
tnsc<i  at  its  close  into  six  regular  heads  of 
usation,  containing  matter  of  impeachment ; 
(1  declaring  them  all  to  be  susceptible  of  proof, 
the  House  would  order  an  investigation.    The 
mimunication  was  accompanied  by  ten  num- 
rs  of  certain  newspaper  publications,  signed 
.  B.,  of  which  Mr.  Edwards  avowed  himself  to 
the  author,  and  asked  that  they  might  be 
;xs;ived  as  a  pare  of  his  communication,  and 
irinted  along  with  it,  and  taken  as  the  specifica- 
ions  under  the  six  charges.     Mr.  Crawford  was 
icn  a  prominent  candi<late  for  the  Presidency, 
(1  the  A.  B.  papers,  thus  communicated  to  the 
oiise,  were  a  series  of  publications  made  in  a 
ashington  City  paper,  during  the  canvass,  to 
feat  his  election,  and  would  doubtlecs  have 
larcd  the  usual  fate  of  such  publications,  and 
ink  into  oblivion  after  tho  election  was  over, 
ad  it  rot  been  for  this  formal  appeal  to  the 
louse  (the  grand  inquest  of  the  nation)  and  this 
for  investigation.    The  communication,  bow- 
er, did  not  seem  to  contemplate  an  early  in- 
stigation, and  certainly  not  at  the  then  session 
Congress.    Congress  was  near  its  adjourn- 
al ;  the  accuser  was  on  his  way  to  Mexico ; 
charges  were  grave ;  the  specifications  under 
lem  numerous  and  complex ;  and  many  of  them 
latiag  to  transactions  with  the  remote  western 
ks.    The  evident  expectation  of  the  accuser 
that  the  matter  would  lie  over  to  the  next 
sion,  before  which  time  tho  presidential  clec- 
n  would  take  place,  and  all  tho  mischief  be 
Inc  to  Mr.  Crawford's  character,  resulting  from 
lanswered  accusations  of  so  much  gravity,  and 
imposingly  laid  before  the  impeaching  branch 
Congress.    Tho  friends  of  Mr.  Crawford  saw 
necessity  of  immediate  action ;  and  Mr.  Floyd_ 
Virginia,  instantly,  upon  the  reading  of  the 
iimunication,  moved  that  a  committee  be  ap- 
iuted  to  take  it  into  consideration,  and  that  it 
empowered  to  send  for  persons  and  papers — 
Iminister  oatlis — take  testimony — and  report 
lo  the  House ;  with  leave  to  sit  after  the  ad- 
mment,  if  the  investigation  was  not  finished 
re ;  and  publish  their  report.   The  committee 
granted,  with  all  the  powers  asked  for,  and 
most  unexceptionably  composed  by  the 
ket  (Mr.  Clay) ;  a  ta.sk  of  delicacy  and  re- 


sponsibility, the  .'<|>cakcr  l>eiiig  himself  a  cantli- 
date  for  tlic  l'resi<lenc;'.  hikI  i'v<Ty  member  of  tho 
House  a  friend  to  some  ont-  of  tiie  candidates,  in- 
cluding the  accusc<l.  It  consisted  of  Mr.  P'loyd.  the 
mover;  Mr.  Livingston,  of  I.o  lisiana  ;  Mr.  Web- 
ster, of  Ma.s.sachusctts ;  Mr.  Haudol ph.  of  Virgi- 
nia; Mr.  J.  W.Tnylor,ofNew-York;Mr.  Duncan 
McArthur,  of  Oluo ;  and  Mr.  Owen,  of  Alabama. 
The  sergcant-at-arms  of  tlie  House  was  imme- 
diately dispatched  by  the  committee  in  pursuit 
of  Mr.  Edwards :  overtook  him  at  fifteen  hun- 
dred miles ;  brought  him  back  to  Washington ; 
but  did  not  arrive  until  Congress  had  adjourned. 
In  the  mean  time,  the  committee  sat,  and  received 
from  Mr.  Crawford  his  answer  to  tho  six  char- 
ges: an  answer  pronounced  by  Mr.  Randolph 
to  be  '•  a  triumphant  and  irresistible  vindication ; 
the  most  temperate,  passionless,  mild,  dignified, 
and  irrefragable  exposure  of  falsehood  that  ever 
met  a  base  accusation ;  and  without  one  harsh 
word  towards  their  author."    This  was  the  tnie 
character  of  the  answer ;  but  Mr.  Crawford  did 
not  write  it.    lie  was  imable  at  that  time  to 
write  any  thing.    It  was  written  and  read  to 
him  as  it  went  on.  by  a  treasury  clerk,  familiar 
with  all  the  transactions  to  which  the  accusa- 
tions related — Mr.  Asbury  Dickens,  since  secie- 
tavy  of  the  Senate.     This  Mr.  Crawford  told 
himself  at  the  time,  with  his  accustomed  frank- 
ness.    His  answer  being  mentioned  by  a  friend, 
as  a  proof  that  his  paralytic  stroke  had  not  af- 
fected his  strength,  he  replied,  that  was  no  proof — 
that  Dickons  wrote  it.    The  committee  went  on 
with  the  case  (Mr.  Edwards  represented  by  his 
son-in-law,  Mr.  Cook),  examined  all  the  evidence 
in  their  reach,  made  a  report  unanimously  con- 
curred in,  and  exoner.<Mng  Mr.  Crawford  from 
every  dishonorable  or  illegal  imputation.    The 
report  was  accepted  by  the  House ;  but  Mr. 
Edwards,  hanng  far  to  travel  on  his  return 
journey,  had  not  yet  been  examined ;  and  to  hear 
him  the  committee  continued  to  sit  after  Con- 
gress had  adjourned.     He  was  examined  fully, 
but  could  prove  nothing;  and  the  committee 
made  a  second  report,  corroborating  the  former, 
and  declaring  it  as  theii*  unanimous  opinion — 
the  opinion  of  every  one  present — "that  nothing 
had  been  proved  to  impeach  the  integrity  of  the 
Secretary,  or  to  bring  into  doubt  the  general 
correctness  and  ability  of  his  administration  of 
the  public  finances." 
The  committee  also  reported  all  the  testimony 


3C 


THIRTY  YEARS"  VIEW. 


taken, from  wliidi  it  ni)|H'are(l  that  Mr. Edwards 
himself  ha<l  contradicted  all  the  accusations  in 
the  A.  B.  papers ;  hml  denied  the  authorship  of 
them  ;  had  applaiidwl  the  conduct  of  Mr.  Craw- 
ford in  the  use  of  the  western  banks,  and  their 
Ciinency  in  payment  of  the  public  lands,  as  hav- 
ing saved  farmci-s  from  the  loss  of  their  liomes ; 
•nd  declared  his  belief,  that  no  man  in  the  gov- 
ernment could  have  conducted  the  fi.sc.il  and 
financial  concerns  of  the  povernment  with  more 
intej^rity  and  propriety  than  he  had  done.  This 
was  while  his  nomination  as  minister  to  Mexico 
wiLs  depending  in  the  Senate,  and  to  Mr.  Noble, 
ft  Senator  from  Indiana,  and  a  friend  to  Mr. 
Crawford.    lie  testified: 

'  That  ho  had  had  a  conversation  with  Mr. 
J'dwards,  introduced  by  Mr,  E.  himself,  concern- 
insr  Mr.  Crawford's  management  of  the  western 
banks,  and  the  authorship  of  the  A.  B.  letters. 
That  it  was  pending  his  nomination  made  by 
the  President  to  the  Senate,  as  minister  to  Mex- 
ico. He  (Mr.  E.)  stated  that  he  was  about  to 
))C  attacked  in  the  Senate,  for  the  purpose  of  de- 
feating his  nomination :  that  party  and  political 
s])iiit  was  now  high ;  that  he  understood  that 
charges  would  be  exhibited  against  him,  and 
tliat  it  had  been  so  declared  in  the  Senate.  lie 
further  remarked,  that  ho  knew  me  to  be  the 
(licidcd  friend  of  William  H.  Crawford, and  said, 
1  am  consideretl  as  being  his  bitter  enemy ;  and 
1  am  charged  with  being  the  author  of  the  num- 
bi'rs  signed  A.  B. ;  but  (raising  his  hand)  I  pledge 
vou  my  honor,  1  am  not  the  author,  nor  do  I 
know  who  the  author  is.  Crawford  and  I,  said 
Mr.  Edwards,  have  had  a  little  difference;  but  I 
have  always  considered  him  a  high-minded,  hon- 
orable, and  vigilant  officer  of  the  government. 
He  has  been  abused  about  the  western  banks 
and  the  unavailable  funds.  Leaning  forward, 
and  extending  his  hand,  he  added,  now  damn  it, 
you  know  wc  both  live  in  States  where  there 
are  many  poor  debtors  to  the  government  for 
lauds,  together  with  a  deranged  currency.  The 
notes  on  various  banks  being  depreciated,  after 
the  effect  and  operation  of  the  war  in  that  por- 
tion of  the  Union,  and  the  banks,  by  attempting 
to  call  in  their  pajwr,  having  exhausted  their 
specie,  the  notes  that  wore  in  circulation  became 
of  little  or  no  value.  JIany  men  of  influence  in 
that  country  said  he,  have  united  to  induce  the 
Secretary  ot  the  Treasury  to  select  certain  banks 
as  banks  of  deposit,  and  to  take  the  notes  of 
certain  banks  in  payment  for  public  land.  Had 
he  (Mr.  Crawford)  not  done  so,  many  of  our  in- 
habitants would  have  been  turned  out  of  doors, 
and  lost  their  land ;  and  the  people  of  the  coun- 
try would  have  had  a  universal  disgust  against 
ISIr.  Crawford.  And  I  will  venture  to  say,  said 
Mr.  Edwards,  notwithstanding  I  am  considered 
his  enemy,  thot  no  man  in  this  government  could 
havs  managed  the  fiscal  and  financial  concerns 


of  the  povtmment  with  more  integrity  and  j^ 
prioty  than  Mr.  Crawford  did.     lie  (ilr.Xoi;, 
had  never  rciKjated  this  conversation  to  any  Ik,; 
tintil  the  eveningof  the  day  that  I  (he)  was  infortl 
ed  that  Gov.  Edwards'  'aihlress '  was  presentw! 
the  Hou.sc  of  Representatives.    On  that  evcnii^] 
in  conversation  with  several  members  of  \\, 
House,  amongst  whf  m  were  Mr.  Koid  and  % 
Nelson,  some  of  whom  said  that  Governor  }>] 
wards  had  avowed  himself  to  be  the  author 
A.  B.,  and  others  said  that  he  had  not  done  so 
remarked,  that  they  must  have  misunderstood  tl 
'address,'  for  Gov,  Edwards  had  pledged  b 
honor  to  me  that  he  was  not  the  author  of  A.  B. 
Other  witnesses  testified  to  his  denials,  Mhi 
the  nomination  was  depending,  of  all  authors] 
of  these  publications :  among  them,  the  cditoi 
of  the  National  Intelligencer, —  friends  to  .Vi 
Crawford,    Mr,  Edwards  called  at  their  o; 
at  that  time  (the  first  time  he  had  been  thi 
within  a  year),  to  exculpate  himself  from  tl 
imputed  authorship ;  and  did  it  so  earnestly  tl 
the  editors  believed  him,  and  published  a  conti 
diction  of  the  report  against  him  in  their  pa] 
stating  that  they  had  a  "  good  reason  "  to  km 
that  he  was  not  the  author  of  these  publicatioi 
That  "  good  reason,"  they  testified,  was  his  oi 
voluntary  denial  in  this  unexpected  visit  to  tl 
office,  and  his  declarations  in  what  he  caliedj 
"frank  and  free''  conversation  with  them  on 
subject.    Such  testimony,  and  the  absence  ofi 
proof  on  the  other  side,  was  fatal  to  the  acci 
tions,  and  to  the  accuser.    The  committee 
ported  honorably  and  unanimously  in  favon 
Mr,  Crawford ;  the  Congress  and  the  counl 
accepted  it ;  Mr,  Edwards  resigned  his  coi 
sion,  and  disappeared  from  th»  federal  polil 
theatre :  and  that  was  the  ena  of  the  A,  B, 
which  had  filled  some  newspapers  for  a  year 
publications  against  Mr.  Crawford,  and  wl 
might  have  passed  into  oblivion,  as  the  cui 
productions  and  usual  concomitants  of  a  Pi 
dential  canvass,  had  it  not  been  for  their  foi 
communication  to  Congress  as  ground  of 
peachment  against  a  high  officer.     That 
munication  carried  the  "  six  charges,"  and 
ten  chapters  of  specifications,  into  our  pi 
mentary  history,  where  their  fate  becomes 
of  the  instructive  lessons  which  it  is  the  proi 
of  history  to  teach.   The  newspaper  in  wliiclj 
A.  B.  papers  were  published,  was  edited 
war-office  clerk,  in  the  interest  of  the  war 
tary  (Mr.  Calhoun),  to  the  serious  injury  of| 
gentleman,  who  received  no  vote  in  any 
voting  for  Mr.  Crawford. 


ii'ROPEAN  writers  on  A 
)f  mistakes  on  the  work 
id  tb-se  mistakes  are  g( 
if  the  democratic  elemen 
id  in  their  ignorance  of 
he  theory  and  the  worki 
|lection  of  the  two  firsi 
'rench  writers  are  strik 
Tocqueville  and  Thiers, 
id  the  theory  of  our  gc 
icuJar  to  be  the  same,  th 
electors,  to  whom  th 
)wer  of  election  belongs  ( 
iG  hence  attribute  to  i 
these  electors  the  mer 
linent  Presidents  who  hi 
;ntial  chair.    This  mistak 
;tice  is  known  to  every 
iould  be  known  to  enligh 
Iho  wish  to  do  justice  to 
electors  have  no  prac 
;tion,  and  have  had  non 
»n.     From  the  beginni 
!dged  to  vote  for  the  car 
early  elections)  by  th 
irds,  by  Congress  caucu 
icuses  followed  the  publi 
icmblages  called  conveu 
low  the  public  will  or  nc 
;tor  has  been  an  instrun 
ticular  impulsion ;  and  ( 
mid  be  attended  with  inl 
lalty  which  public  indi{ 
)m  the  begimung  these 
and  an  inconvenic 
n  the  people  and  the  o 
in  time,  may  become  d 
iless  inconvenient,  and  s 
iger;  having  wholly  faile 
for  which  they  were 
ich  purpose  no  one  wou 
'lies  a  just  conclusion 
itild  be  abolished,  and  th 
liie  direct  vote  of  the  pp( 


ANNO  1924.    JAMES  MONROE,  PilFSIDENT. 


37 


CHAPTER  XV. 

^KENnMENT  OP  THE  CONSTITUTION  IN  RELA- 
TION  TO  THE  ELECTION  OF  rUESIUENT  AND 
VIOE-PKESIDENT. 

Ei'BOPKAN  writers  on  American  affairs  arc  full 
l(f  mistakes  on  the  working  of  our  government ; 
nd  tb"se  mistakes  are  generally  to  the  prejudice 
tf  the  democratic  clement.     Of  these  mistakes, 
nd  in  their  ignorance  of  the  difference  between 
Ihe  theory  and  the  working  of  our  system  in  the 
Election  of  the  two  first  officers,  two  eminent 
french  writers  are  striking  instances:  Messrs. 
e  Tocqueville  and  Thiers.    Taking  the  working 
nd  the  theory  of  our  government  in  this  par- 
Ifcular  to  be  the  same,  they  laud  the  institution 
electors,  to  whom  they  believe  the  whole 
lower  of  election  belongs  (as  it  was  intended) ; — 
hence  attribute  to  the  superior  sagacity 
these  electors  the  merit  of  <'h<;     .  ,    n,ll  the 
unent  Presidents  who  have  ado*  .-     '      presi- 
Itntial  chair.    This  mistake  betwc  ...  theory  and 
ttice  is  known  to  every  body  in  America,  and 
lould  be  known  to  enlightened  me;i  in  Europe, 
|ho  wish  to  do  justice  to  popular  government, 
electors  have  no  practical  power  over  the 
ction,  and  have  had  none  since  their  institu- 
|)n.     From  the  beginning  they  have    stood 
dged  to  vote  for  the  candidates  indicated  (in 
early  elections)  by  the  public  will;  after- 
krds,  by  Congress  caucuses,  as  long  as  those 
ucuses  followed  the  public  will ;  and  since,  by 
Bcmblages  called  conventions,  whether  they 
jlow  the  public  will  or  not.    In  every  case  the 
ctor  has  been  an  instrument,  bound  to  obey  a 
•ticular  impulsion ;  and  disobedience  to  which 
^uld  be  attended  with  infamy,  and  with  every 
palty  which  public  indignation  could  inflict, 
om  the  beginning  these  electors  have  been 
floss,  and  an  inconvenient  intervention  be- 
tn  the  people  and  the  object  of  their  choice ; 
,  in  time,  may  become  dangerous :  and  being 
tless  inconvenient,  and  subject  to  abuse  and 
Bger ;  having  wholly  failed  to  answer  the  pur- 
for  which  they  were  instituted  (and  for 
lich  purpose  no  one  would  now  contend) ;  it 
omes  a  just  conclusion  that  the  institution 
luld  be  abolished,  and  the  election  committed 
Ihe  direct  vote  of  the  pf'ople.    And,  to  obvi- 


ate all  excuse  for  previous  nominations  by  intcr- 
me«liate  bodies,  a  second  cKction   to  l»e   luM 
forthwith  between  the  tv.-o  hijrhe.st  or  leading 
candidates,  if  no  one  lia<l  had  a  majority  of  tin; 
whole  number  on  the  first  trial.     These  arc  not 
new  ideas,  bom  of  a  spirit  of  change  and  innova- 
tion ;  but  old  doctrine,  advocated  in  the  conven- 
tion which  framed  the  Constitution,  by  wise  and 
good  men ;  by  Dr.  Franklin  and  others,  of  Penn- 
sylvania; by  John   Dickinson  and  others,  of 
Delaware.     But  the  opinion  prevailed  in  the 
convention,  that  the  mass  of  the  pcoi)le  would 
not  be  sufficiently  informed,  discreet,  and  tem- 
perate to  exercise  with  advantage  so  great  a 
privilege  as  that  of  choosing  the  chief  magistrate 
of  a  great  republic ;  and  hence  the  institution  of 
an  intermediate  body,  called  the  electoral  col- 
lege— its  mcTibers  to  be  chosen  by  the  people — 
and  when  assembled  in  conclave  (I  use  the  word 
in  the  Latin  sense  of  con  and  claxris,  under  key), 
to  select  whomsoever  they  should  think  proiHT 
for  President    and   Vice-President.     All   this 
scheme  having  failed,  and  the  people  having 
taken  hold  of  the  election,  it  became  just  and 
regular  to  attempt  to  legalize  their  acquisition 
by  securing  to  them   constitutionally  the  full 
enjoyment  of  the  rights  which  they  imperfectly 
exercised.     The  feeling  to  this  effect  became 
strong  as  the  election  of  1824  approached,  when 
there  were  many  candidates  in  the  field,  and 
Congress  caucuses  fallen  into  disrepute ;   and 
several  attempts  were  made  to  obtain  a  consti- 
tutional amendment  to  accomplish  the  purpose. 
Mr.  McDuffie,  in  the  House  of  Representatives, 
and  myself  in  the  Senate,  both  proposed  such 
amendments ;  the  mode  of  taking  the  direct 
votes  to  be  in  districts,  and  the  persons  receiving 
the  greatest  number  of  votes  for  President  or 
Vicfi-President  in  any  district,  to  count  one  vote 
for  such  office  respectively ;  which  is  nothing  but 
substituting  the  candidates  themselves  for  their 
electoral  representatives,  while  simphfying  the 
election,  insuring    its    integrity,   and  securing 
the  rights  of  the  people.     In  support  of  my 
proposition  in  the  Senate,  I  delivered  some  ar- 
guments in  the  form  of  a  speech,  fiom  which  I 
here  add  some  extracts,  in  the  hope  of  keeping 
the  question  alive,  and  obtaining  for  it  a  better 
success  at  some  future  day. 

"  The  evil  of  a  want  of  uniformity  in  the 
choice  of  presidential  electors,  is  not  limited  to 
its  disfiguring  effect  upon  the  face  of  our  gov- 


38 


TllIIlTV  YEAIW  Vli:\\'. 


crnniont,  but  poos  to  cnflnntrtT  the  riplits  of  the 
|M'(tpk>,  liy  j(L'rinittin<:  sudden  alterations  or.  the 
eve  of  an  election,  and  to  annihilate  the  right  of 
tlie  ^nlall  States,  !»}•  enabling  the  large  ones  to 
f'dnliinc.  an<l  to  throw  all  their  votes  into  the 
!-rale  of  a  jparlieular  candidate.  These  obvious 
evils  make  it  certain  that  aiiij  i.nijhrm  rule 
would  be  preferable  to  tlie  present  state  of 
tilings,  liiit,  in  lixuig  on  om  is  the  duty  of 
statesmen  to  select  that  wlii  iS  calculated  to 
cive  to  every  j)Ortion  of  the  1  nion  its  due  share 
in  the  choice  of  the  Chief  Magistrate,  and  to 
every  individual  citizen,  a  fair  opportunity  of 
voting  according  to  bis  will.  This  would  bo 
ett'ected  liy  adoijtincr  the  District  System.  It 
would  divide  every  State  int  >  districts,  equal  to 
the  whole  nunil)er  of  votes  to  be  given,  and  the 
jieople  of  each  district  would  Ikj  governed  by 
its  own  niiijority,  and  not  by  a  majority  existing 
ill  some  remote  part  of  the  State.  This  would 
be  agreeable  to  tlie  riirhts  of  inilividuals:  for,  in 
entering  into  society,  aii<l  submitting  to  be  bound 
liy  the  decision  of  the  majority,  each  individual 
letained  the  right  of  voting  for  hims'jlf  wherever 
it  wxs  piiu.'ticablu,  and  of  being  governed  by  a 
inajoritj  of  the  vicinage,  and  not  by  majorities 
brought  (Vein  remote  sections  to  overwhelm  him 
with  th'.'ir  accumulated  numbers.  It  would  be 
agreeable  to  the  interests  of  all  parts  of  the 
States ;  for  each  State  may  have  ditl'erent  inter- 
ests in  dillerent  parts  ;  one  part  may  be  agricul- 
tural, another  manufacturing,  another  commer- 
cial ;  and  it  would  be  unjust  that  the  strongest 
should  govern,  or  that  two  should  combine  and 
5-;icriti(  e  the  third.  The  district  system  would 
b'-'  agreeable  to  the  intentwn  of  our  present  con- 
stitution, which,  in  giving  to  each  elector  a  sepa- 
rate vote,  instead  of  giving  to  each  State  a  con- 
.'^olidatod  vote,  com[)osed  of  all  its  electoral 
t^itlragcs,  clenrly  intended  that  each  mass  of 
l)<n>;ons  entitled  to  one  elector,  should  have  the 
light  of  giving  one  vote,  according  to  their  own 
seiiso  of  their  own  interest. 

'•  The  general  ticket  syste-:!  now  existing  ii,  ten 
States,  was  the  oilspring  of  policy,  and  not  of 
any  disposition  to  give  fair  jilay  to  the  will  of 
the  people.  It  was  adopted  by  the  leading  men 
of  those  States,  to  enable  them  to  consolidate 
the  vote  of  the  State.  It  would  be  easy  to  prove 
this  by  referring  to  facts  of  historical  notoriety. 
It  contributes  to  give  power  and  consequence  to 
the  leaders  who  miinage  the  elections,  but  it  is  a 
departure  from  the  intention  of  the  constitution ; 
violates  the  rights  'if  the  minorities,  and  is  at- 
tended with  many  other  evils.  The  intention  of 
the  constitution  is  violated,  because  it  was  the 
intention  of  that  instrument  to  give  to  each  mass 
of  persons,  entitled  to  one  elector,  the  power  of 
giving  an  electoral  vote  to  any  candidate  they 
preferred.  The  rights  of  minorities  are  violated, 
because  a  majority  of  one  will  carry  the  vote  of 
the  whole  State.  This  jirinciple  is  the  same, 
whether  the  elector  is  chosen  by  general  ticket 
or  by  legislative  ballot;  a  majority  of  one,  in 


either  ra.«e,  carries  the  vote  of  the  whole  Sta'. 
In  New  -York,  thirty-six  electors  are  cl  om  i; 
nineteen  is  a  majority,  and  the  candidate  receivin 
this  majority  is  fairly  entitled  to  count  ninetin, 
votes  ;  but  he  count*  in  reality,  thirty-six  :  b . 
cause  the  minority  of  seventeen  are  added  to  th 
majority.  Tlie.se  seventeen  vo»es  belong  to  sevti . 
teen  ma.sses  of  people,  of  40,000  souls  each,  in  a ; 
080,000  people,  whose  votes  are  seized  ujif.: 
taken  away,  and  pnsented  to  whom  the  majoriir 
pleases.  Extend  the  calculation  to  the  scvcntea 
States  now  choosing  electors  by  general  tick ; 
or  legislative  ballot,  and  it  will  show  that  tlire 
millions  of  souls,  a  population  equal  to  tha; 
which  carried  us  tlirough  the  Revolution,  inu, 
have  their  votes  taken  from  them  in  the  sum 
way.  To  lose  their  votes,  is  the  fate  of  all  id. 
norities,  and  it  is  their  duty  to  submit ;  but  thji 
is  not  a  ca.se  of  votes  lost,  but  of  votes  tatu; 
awur  "^.dded  to  those  of  the  majority,  a;vi 
given  to  a  person  to  whom  the  minority  w, 
opposed. 

"  lie  said,  this  objection  (to  the  direct  vote  o: 
the  people)  had  a  weight  in  the  year  1787,  to  whic; 
it  is  not  entitled  in  t'v  year  1824.    Our  goveit 
ment  was  then  young,  schools  and  colleges  wt;;| 
scarce,  political  science  was  then  confined  to  fei 
and  the  means  of  diffusing  intelligence  were  bo;i| 
inadequate  and  uncertain.     The  exj^  .r'nient  ol 
popular  governmeni,  was  just  beginning;  i 
people  had  been  just  released  from  subjectioiii, 
an  hereditary  king,  and  were  not  yet  practis; 
in  the  art  of  choosing  a  temporary  chief  f 
themselves.    But  thirty-six  years  have  revcrsej 
this  picture.     Thirty-six  years,  which  have  jji 
duced  so  many  wonderful  changes  in  Amciii 
have  accomplished  the  work  of  many  centiiris 
upon  the  intelligence  of  it.?  inhabitants.     AVitii 
that  period,  schools,  colleges,  and  universiti 
},ive  multiplied  to  an  amazing  extent.     Tl 
means  of  diffusing  intelligence  have  been  wc: 
derfully  .augmented  by  the  establishment  of 
hundred  newr,papers,  and  upwards  of  five  cho; 
sand  post-offices.    The  whole  course  of  an  Ann 
ican's  life,  civil,  social,  and  religious,  has  becoi 
one  continued  scene  of  intellectual  and  of  mo: 
improvement.     Once  in  every  week,  more 
eleven  thousand  men,  eminent  for  learning  a; 
for  piety,  perform  the  double  duty  of  amumlii 
the  hearts,  and  enlightening  the  understandin; 
of  more  than  eleven  thousand  congregation: 
people.    Under  the  benign  influence  of  a  f; 
government,  both  our  public  institutions  and  p 
vate  pursuits,  our  juries,  elections,  courts  ofj 
tice,  the  liberal  professions,  and  the  mechi 
arts,  h  .ve  each  become  a  school  of  jiolitical 
ence  and  of  mental  improvement.     The  feda 
legislature,  in  the  annual  message  of  the  Vi 
dent,  in  reporis  from  heads  of  departments, 
committees  of  Congress,  and  speeches  of  m< 
bersj  pours  forth  a  flood  of  intelligence  w 
carries  its  waves  to  the  remotest  confines  of 
republic.    In  the  different  States,  twenty-ti 
State  executives  and  State  legislatures  area; 


oily  refx-ating  the  si 

limited  .sphere.     The 

liii;',  !ind  the  practice 

ilioi.^ht,  are  continui 

pince  of  the  countrj-, 

The  face  of  our  count 

prand  and  varied  fcal 

the  lium,in  intellect, 

I.e.ss  than  half  a  cen 

liberty  has  given  prai 

moral  truth,  that,  un( 

Iio»vcr  of  the  intollecl 

rules  the  affairs  of  mt 

pence  the  only  durrb 

lircfernient.    The  con 

lias  created  an  univer 

for  reading,  and  has  cc 

the  endowments  of  h( 

the  heart,  are  the  o  il 

inestimable  riches  \>-:. 

]iOi-terity. 

'•This  objection  (th 
violence  at  the  election 
tory  of  the  ancient  repi 
ary   'lections  of  Komt 
jilstne.ss  of  the  example 
thing  in  the  laws  of  pi 
hnrallel  between  the  i 
volatile  Greek,  and  th 
There  is  nothing  in  thi 
countries,  or  in  their  r 
makes  one  an  example 
ninns  voted  in  a  mass  j 
■even  when  the  qualifiVd 
lions  of  persons.     They 
mil  divided  into  classes 
l>ut  by  centuries.    In  tl 
'he  voters  were  brough 
:ity,  and  decided  the  co; 
ile.    In  such  assimbla" 
lo  violence,  and  the  mca'i 
frcpared  by  the  governn 
tsd  States  all  this  is  dif 
Ksembled  in  small  bodie 
ilaces,  distributed  over  a 
I'liey  come  to  the  polls 
•ilious  distinctions,  with 
fiolence,  and  with  every  i 
f  heated  during  the  day 
lipon  returning  to  their 
licir  ordinar;-  occupation 
'  IJut  let  us  admit  the 
;t  us  admit  that  the  A 
as  tumultuary  at  theii 
Here  the  citizens  of  tl 
le  election  of  theL-  chii 
len  ?    Are  we  thenco  ( 
the  officers  thus  eleete 
fgradation  of  the  coun 
resided?    I  answer  no. 
sert  the  superiority  of 
Jhers  ever  obtained  foi 
per  by  hereditary  succ< 
Kt  mode  of  election.    I  j 


AN'XO  iBi-l.    «aMKS  MONHOE,  I'.'Ui^IDKNT. 


3^ 


ally  ri'iK'.itinp;  the  same  nrorcss  '.vitliin  a  more 
liiiiiti'l  sphere.  The  habit  of  imiversnl  travel- 
liii;:.  ''iti'l  the  practice  of  universal  interthanpo  of 
tlioii^ht,  arc  continually  circulating  the  intclli- 
<n'nci'  f  f  tl>e  country,  and  aujimentiii;;  its  mass. 
W  face  of  our  country  itself,  its  vast  extent,  its 
"rand  and  varied  features,  contribute  to  exj)and 
t^he  human  intellect,  and  to  magnify  its  power. 
less  than  half  a  century  of  the  enjoyment  of 
liberty  has  given  practical  evidence  of  the  great 
nioral  truth,  that,  under  a  free  government,  the 
jiowcr  of  the  intellect  is  the  only  jwwer  •,,hich 
rules  the  affairs  of  men  j  and  virtue  ami  intelli- 
rcnce  the  only  durrbl';  passports  to  honor  and 
preferment.  The  CD'iviction  of  this  great  truth 
1  lias  created  an  universal  taste  for  learning  and 
for  reading,  and  has  convinced  every  parent  that 
the  endowments  of  he  mind,  and  the  virtues  of 
the  heart,  are  the  o  \]y  imperishable,  the  only 
ini'stiniable  riches  \t-I..2h  he  can  leave  to  his 
jiostority. 

I    '-This  objection  (the  danger  of  tumults  and 
violence  at  the  elections)  is  taken  from  the  his- 
tory of  the  ancient  republics ;  from  the  tunmltu- 
[ary  .'lections  of  Rome  and  Greece.     But  the 
]  jrtstness  of  the  example  is  denied.     There  is  no- 
liliing  in  the  laws  of  physiology  which  admits  a 
Ijnrallel  between  the  sanguinary  Koman,  the 
Ivolatile  Greek,  and  the  phlegmatic  American. 
I'lhcre  is  nothing  in  the  state  of  the  respective 
Icountries,  or  in  their  manner  of  voting,  which 
Iniakcs  one  an  example  for  the  other.    The  Ro- 
mans voted  in  a  mass,  at  a  single  voting  place, 
f vcn  when  the  qualified  votei  s  amounted  to  mil- 
Dions  of  persons.    They  came  to  the  polls  armed, 
^11(1  divided  into  classes,  and  voted,  not  by  heads, 
but  by  centuries.    In  the  Grecian  Republics  all 
Mie  voters  were  brought  together  in  one  great 
Vity,  and  decided  the  contest  in  one  great  strug- 
bli'.    In  such  assemblages,  both  the  inducement 
lo  violence,  and  the  means  of  committing  it,  were 
krepared  by  the  government  itself.    In  the  Uni- 
|ed  States  all  this  is  different.     The  voters  are 
.<scmbled  in  small  bodies,  at  innumerable  voting 
klaces,  distributed  over  a  vast  extent  of  country. 
They  come  to  the  polls  without  arms,  without 
iilious  distinctions,  without  any  temptation  to 
liolence,  and  with  every  inducement  to  hfrmony. 
If  heated  during  the  day  of  election,  they  cool  otf 
Ipon  returning  to  their  homes,  and  resuming 
heir  ordinarr  occupations. 
'•  But  let  us  admit  the  truth  of  the  objection. 
«t  us  admit  that  the  American  people  would 
!  as  tumultuary  at  their  presidential  elections, 
i  were  the  citizens  of  the  ancient  republics  at 
he  election  of  their  chief  magistrates.    What 
pen?    Are  we  thenco  to  infer  the  inferiority 
'  the  officers  thus  elected,  and  the  consequent 
fegradation  of  the  countries  over  which  they 
resided  ?    I  answer  no.    So  far  from  it,  that  I 
isert  the  superiority  of  these  officers  over  all 
Ihers  ever  obtained  for  tho  same  countries, 
|ther  by  hereditary  succession,  or  the  most  se- 
ct mode  of  election.    I  affirm  those  periods  of 


th» 


history  to  be  the  most  glorious  in  nrniiJ 
most  renowned  in  arts,  tlie  most  ceK-hiatcd  in 
k'lters.  the  most  uscfid  in  practiro,  and  the  most 
happy  ill  the  condition  of  the  jk*o|>1''.  in  whii'h 
the  whole  body  of  tlu'  citizens  voted  dirocl  for 
the  cliiof  olticLT  of  their  country.     Take   the 
history  of  that  romninr. wealth  which  yet  shines 
as  the  leading  st'./  in  the  firmament  of  natioiH. 
Of  the  twenty-tivc  centuries  th.it  the  Roman 
state  has  existed,  to  what  period  do  we  look  lor 
the  generals  ami  statesmen,  tho  jjoets  and  ora 
tors,  tho  philosophers  and  historians,  tho  scuijH 
tors,  painters,  and  architects,  whose  immortal 
works  have  fixed  upon  their  country  the  admir- 
ing eyes  of  all  succeeding  ages  ?    Is  it '.  •  the 
reigns  of  the  seven  first  kings  ? — to  the  reigns 
of  the  emperors,  proclaimed  by  the  praUorian 
bands  ? — to  the  reigns  of  the  Sovereign  PontitVs, 
choson  by  a  select  body  of  electors  in  a  conclave 
of  most  holy  cardinals  ?    No — We  look  to  none 
of  these,  but  to  that  short  interval  of  four  cen- 
turies and  a  half  which  lies  between  the  expul- 
sion of  tho  Tarquins,  and  the  re-cstablishmcnt 
of  monarchy  in  the  person  of  Octavius  Casar. 
It  is  to  this  short  period,  during  which  the  con- 
suls, tribunes,  and  praetors,  were  annually  elected 
by  a  direct  vote  of  the  people,  to  which  we  look 
ourselves,  and  to  which  wo  direct  the  infunt 
minds  of  our  children,  for  all  the  works  and 
monuments  of  Roman  greatness ;    for  roads, 
bridges,  and  aqueducts,  constructed ;  for  victo- 
ries gained,  nations  vanquished,  commerce  ex- 
tended, treasure    imported,   libraries    foimded, 
learning  encouraged,   the  arts  flourishing,  tho 
city  embellished,  and  the  kings  of  the  earth 
humbly  suing  to  be  admitted  into  the  friendship, 
and  taken  under  the  protection,  of  the  Roman 
people.    It  was  of  this  magnificent  period  that 
Cicero  spoke,  when  he  proclaimed  the  people  of 
Rome  to  be  the  masters  of  kings,  and  the,  con- 
querors and  commanders  of  all  the  nations  of 
the  earth.    And,  what  is  wonderful,  during  this 
whole  period,  in  a  succession  of  four  hundred 
and  fifty  annual  elections,  the  people  never  once 
preferred  a  citizen  to  the  consulship  who  did  not 
carry  the  prosperity  and  the  ,^'ory  of  tho  Re- 
public to  a  point  beyond  that  at  which  he  had 
found  it. 

"It  is  the  same  with  the  Grecian  Ropubllcs, 
Thirty  centuries  have  elapsed  since  they  were 
founded ;  yet  it  is  to  an  ephemeral  jicriod  of  one 
hundred  and  fifty  years  only,  tho  period  of  jiojiu- 
lar  flections  which  intervened  between  the  dis- 
persion of  a  cloud  of  petty  tyrants,  and  the 
coming  of  a  gr  \t  one  in  the  person  of  Philip, 
king  of  Macedon,  that  we  arc  to  look  for  thut 
galaxy  of  names  which  shed  so  much  lustre  upon 
their  country,  and  in  which  we  are  to  find  the 
first  cause  of  that  intense  sympathy  which  now 
bums  in  our  'josoms  ^t  the  name  of  Greece. 

'•  These  short  and  brilliant  periods  exhibit  the 
great  triumph  of  jiopular  elections;  often  tu- 
multuary, often  stained  with  blood,  but  always 
ending  gloriously  for  the  country.    Then  t 


\h- 


40 


THIRTY'  YEARS'  VIEW. 


ri?ht  of  sii(rrni;t'  wns  nijoycil ;  flic  soverei|rnty 
of  the  |K'0|ili'  waH  no  fiction.  Then  a  Kul)!ini(? 
HjRctiick-  was  swn.  whvn  t}ic  K')mftn  citizen 
iulvancfd  to  the  [lOlIs  and  j)roc!ftiini'<l :  '  /  rntr 
fur  Ciito  III  hi:  Cotixul;^  the  Athenian.  '■  I  rnlf 
fur  ArixliilcH  lO  be  Arr/toii  ;^  the  Tliehan,  '/ 
rule  for  filn/tiiias  to  he  /{(volmr/i  ;'  tlie  I,aco- 
•ienionian,  '/  vole  for  Li'miidfiH  (o  hr  ftr«l  of 
tlv  l-^/i/iori.^  An-l  wliv  may  not  an  American 
citizen  do  the  same  V  Why  ma--  "  H  he  }:o  up 
to  the  |)oll  an<l  iirociaim,  '  /  roti'  •  Thonuii* 
Ji'fterson  to  lii'  I'nuiilmt  (f  the  C  I  Hiluleit  ? ' 
A\Miy  is  he  compelled  to  put  his  vo.  .<n  'lie  hands 
of  another,  and  to  incur  all  the  ha.'.ards  of  an 
irresponsible  apency,  when  he  himself  could  im- 
mediately pive  hi.  own  vote  for  his  own  chosen 
candidate,  without  the  slightest  assistance  from 
agents  or  managers  ? 

'•But,  said  Mr.  Benton,  I  have  other  objec- 
tions to  these  intermediate  electors.  They  are 
the  peculiar  and  favorite  institution  of  aristocratic 
i^'publics,  and  elective  monarchiea,  I  refer  the 
iSenate  to  the  late  rejiublics  of  Venice  and  (lenoa ; 
of  France,  and  her  litter;  to  the  kinr"'om  of 
Poland ;  the  empire  of  (icrman}'  and  r.ic  Pon- 
tificate of  Rome.  On  the  contrary,  a  direct 
vote  by  the  i)eople  is  the  peculiar  and  favorite 
institution  of  democratic  republics  ;  as  we  have 
Just  seen  in  the  governments  of  Home,  Athens, 
Thebes,  and  Sparta ;  to  which  may  be  added  the 
l)rincipal  cities  of  the  Amphyctionic  and  Acliaian 
leagues,  and  the  renowned  republic  of  Carthage 
when  the  rival  of  Home. 

■•  I  have  now  answered  tlio  objections  which 
were  brought  forward  in  the  year  '87.  I  ask 
for  no  judgment  upon  Iheir  validity  at  that  day, 
but  1  allirm  tiiem  to  be  without  force  or  rea.son 
in  the  year  1824.  Timk  and  expekiknce  have 
fo  decided.  Yes,  time  and  experience,  the  only 
infalljblc  tests  of  pood  or  bad  institutions,  have 
now  shown  that  the  continuance  of  the  electoral 
system  will  be  both  useless  and  dangerous  to 
the  liberties  of  the  people,  and  that  'the  only 
effectual  mode  of  preserving  our  gorernment 
from  the  corriiplions  which  have  umler mined 
fhe  lihertij  of  so  many  nations,  is,  to  confide 
the  election  of  our  chief  magistrate  to  those 
who  arc  farthest  removed  from,  the  influence 
of  his  patronage ;^*  that  is  to  say,  to  the 

WHOLE  BODY  OF  AmeHICAN  CITIZENS  ' 

"  The  electors  are  not  indepeni  .ent ;  they 
Iiave  no  superior  intelligence ;  they  are  not  left 
to  their  own  judgment  in  the  choice  of  President ; 
they  are  not  above  the  control  of  the  people ;  on 
the  CO.  .ary,  every  elector  is  pledged,  before  ho 
is  chosen,  to  give  his  vote  according  to  the  will 
if  those  who  choose  him.  He  is  nothing  but  an 
."igont,  tied  down  to  the  execution  of  a  precise 
trust.  Every  reason  which  induced  the  conven- 
tion to  institute  electors  has  failed.  They  are 
no  longer  of  any  use,  and  may  be  dangerous  to 

*  Eeport  of  n  Committee  of  the  IIo*..so  of  Rcj.rcsoutatlves 
)r  Mr.  McUulUe's  proposition. 


the  lilierties  of  the  people.    Thry  arc  not  uscftil. 
iK'cause  they  have  no  jiower  over  their  own  vntc. 
anil  because  the  people  can  vote  for  a  President 
as  ta-iily  as  they  can  vote  for  an  elector.    Tluv 
arc  dangerous  to  the  liberties  of  the  {)Cople,  U". 
cause,  in  iho  first  place,  they  introduce  extrnno- 1 
ous  considerations  into  the  election  of  President; 
and,  in  the  secovd,  place,  they  may  sell  the  vott 
which  is  intrusted  to  their  keeping      They  in- 
troduce ( xtraneous  consideration.s,  by  brinpin- 
thcir  own  chnractcr  and  their  own  exertion. 
into  the  presidential  canva.ss.     Every  one  sen  | 
this.    Candidates  lor  electors  arc  now  sclect«l. 
not  for  the  rea.sons  mentioned  in  the  Federal  i>t, 
but  for  their  devotion  to  a  particular  party,  for 
their  manners,  and  their  talent  at  elect  ioncerini,-. 
The  elector  miiy  betray  the  liberties  of  the  pco- 1 
pie,  by  selling  his  vote.     The  operation  is  ea<y. 
because  he  votes  by  ballot ;  detection  is  imiws- 
sible,  because  lie  does  not  sign  his  vote;  the  I 
restraint  is  nothing  but  his  own  con.science,  for) 
there  is  no  legal  punishment  for  his  breach  of 
trust.    If  a  swindler  defrauds  you  out  of  a  fowl 
dollars  in  property  or  money,  he  is  whipped  and  I 
pilloried,  and  rendered  infamous  in  the  eye  of  I 
the  law ;  but,  if  an  elector  should  defraud  40,0(h)I 
people  of  their  vote,  there  is  no  remedy  but  to  I 
abuse  him  in  the  newspapers,  where  the  best  I 
men  in  the  country  may  bo  abused,  as  much  u\ 
Benedict  Arnold,   or  Judas  Iscariot.      Even  I 
reason  for  instituting  electors  has  failed,  anijl 
every  consideration  of  prudence  requires  them  I 
to  be    discontinued.      They  ire  nothing   bull 
agents,  in  a  case  which  requires  no  agent;  anil  I 
no  prudent  man  would,  or  ought,  to  employ  u| 
agent  to  take  care  of  his  money,  liis  propertyT 
or  his  liberty,  when  he  is  equally  capable  to| 
take  care  of  them  himself. 

"But,  if  the  plan  of  the  constitution  had  rotl 
failed — if  we  were  now  deriving  from  electors  I 
all  the  advantages  expected  from  their  instit  .1 
tion — I,  for  one,  said  Mr.  B.,  would  still  be  in  I 
favor  of  getting  rid  of  them.  I  should  esteenil 
the  incorruptibility  of  the  people,  their  disinte-f 
rested  desire  to  get  the  best  man  for  Presideml 
to  be  nuire  than  a  counterpoise  to  all  the  advanl 
tages  which  might  be  derived  from  the  supciiorl 
intelligence  of  a  more  enlightened,  but  smallcrj 
and  therefore,  more  corruptible  body.  I  shoiiiiil 
be  opposed  to  the  intervention  of  electors,  b^l 
cause  the  double  process  of  electing  a  man  til 
elect  a  man,  would  paralyze  the  spirit  of  Ihel 
people,  and  destroy  the  life  of  the  election  it^cltl 
Dqubtless  this  machinery  was  introduced  intJ 
our  constitution  for  the  purpose  of  softening  tkl 
action  of  the  democratic  clement;  but  it  akl 
softens  the  interest  of  the  people  in  the  rcsuli 
of  the  election  itself.  It  places  them  at  m 
great  a  distance  from  their  first  servant.  It  iiJ 
terposes  a  body  of  men  between  the  people  arJ 
the  object  of  their  choice,  and  gives  a  false  i 
rcction  to  the  gratitude  of  the  President  clect( 
He  feels  himself  indebted  to  the  electoi'S  wW 
collected  the  votes  of  the  people,  and  not  to  t 


fH'0[iI<'.  who  pave  thei 

(■nalilcs  a  few  men  to  \ 

it  will  transfer  the  w 

into  the  hands  of  n  (i 

ilif  humble  occujiatio 

liccn  done  by  superior 

"  .Mr  Benton  rcferre 

jirovc  the  correctness  ( 

••  lie  mentioned  the 

licpublic,  of  the  year 

Till'  jieople  to  choose 

J  tlic  Councils  of  Five  I] 

I  and  these,  by  a  furthe 

I  clioose  the  Five  Direct 

I  lie  jicoplc  had  no  coi 

Jlhtir  Chief  Magistrate! 

I  their  fate.     They  hb.  , 

leach  other  from  the  pi 

I, tame  indifference  with 

I  the  entrance  and  the  ea 

J  the  .stage.   It  was  the  sa 

Ifern  Republics  of  "-hich 

Jdelivcred,  while  overtui 

Iroiw.    The »  institution 

lj)ine,  and    Parthenopia 

Iduplicatcs  of  the  moth 

lo'id  all  shared  the  same 

Isular  constitution  of  tl 

hear  of  French  liberty  J 

tof  the  electoral  systen 

lalone,  that  profound  o 

jtiie  besom  of  his  retrcj 

lAlps,  predicted  and  pi 

Liberty  in  France.    He 

Ihat  'Liberty  would  b 

L\y   KIND    OF    SUBSTITi;- 

tioNs : '  and  the  result ' 


bur  years. 


CHAPTE 

IXTERXAL  TRADE  "ff 

pE  name  of  Mexico,  the 
liver  minea  possessed 
larm  for  the  people  o 
luarded  from  intrusion 
Jd  despotic  power,  and 
labor  in  the  mines,  the 
kry  attempt  to  penetra 
Iv,  still  the  dazzled  im 
Wits  of  the  Great  West 
iterprise;  and  failure  a 
M  labor,  were  not  su 
Iiers.     The  journal  of 


f 


ANNO  1824.    JAMES  MONROE,  PRt^IDKNT. 


41 


fH'OpIo.  who  pave  tlit-ir  votes  to  the  electors.  It 
iniilili'S ft  fi'W  men  to  povern  ninnj .  and,  in  time, 
it  will  transfer  the  whole  jHwer  of  the  election 
into  the  lmn«ls  of  n  few,  leaviiijj  to  the  fwoifle 
till'  iiiinible  occujiation  of  confirming  what  has 
liirn  •lo'"''  ^y  fiiipt'rior  authority. 

"  Mr  Benton  referred  to  historical  examples  to 
prove  the  correctness  of  his  opinion. 

'  Ho  mentioned  the  constitution  of  the  French 
I  Republic,  of  tlio  year  III.  of  French    liberty. 
The  people  to  choose  electors ;  these  to  choose 
tlic  Councils  of  Five  Hundred,  and  of  Ancients ; 
and  these,  by  a  further  process  of  filtration,  to 
clioose  the  Five  Directors.    The  effect  was,  tliat 
the  people  had  no  concern  in  the  election  of 
ihiir  Chief  Magistrates,  and  felt  no  interest  in 
their  fate.    They  ku  .    them  enter  and  expel 
Icacliother  from  the  political  theatre,  with  the 
I  same  indifference  with  which  they  would  see 
I  the  entrance  and  the  exit  of  so  many  jilayers  on 
I  the  stiigo.   It  was  the  same  thing  in  all  the  subal- 
Itirn  Republics  of  "-hich  the  French  armies  were 
Idclivcred,  while  overturning  the  thrones  of  Eu- 
|ro[x>.    The  (  institutions  of  the  Ligurian,  Cisal- 
j])ine,  and    Parthcnopian    Republics,  were    all 
Iduplicatcs  of  the  mother  institution,  at  Paris ; 
lo'id  all  shared  the  same  fate.    The  French  con- 
sular constitution  of  the  year  VIII.  (the  last 
year  of  French  liberty)  preserved  all  the  vices 
of  the  electoral  system ;    and  from  this  fact, 
klone,  that  profound  observer,  Neckar,  from 
[he  bosom  of  his  retreat,  in  the  midst  of  the 
|Alps,  predicted  and  proclaimed  the  death  of 
Liberty  in  France.    He  wrote  a  bock  to  prove 
Ihat  'Liberty  would  be  ruined  by  providing 

Ixy   KIND    OF    SUBSTITUTE   FOR    POPULAR    Ei.EC- 

tioss : '  and  the  result  verified  bis  prediction  in 
■our  years." 


CHAPTER    XVI. 

ISTEKNAL  TUADE  WITH  NEW  MEXICO. 

[he  name  of  Mexico,  the  synonyme  of  gold  and 
liver  minea  possessed  always  an  invincible 
parm  for  the  people  of  the  western  States, 
luarded  from  intrusion  by  Spanish  jealousy 
nd  despotic  power,  and  imprisonment  for  life, 
:  labor  in  the  mines,  the  inexorable  penalty  for 
kery  attempt  to  penetrate  the  forbidden  coun- 
ly,  still  the  dazzled  imaginations  and  daring 
lirits  of  the  Great  West  adventured  upon  the 
Iterprise;  and  failure  and  misfortune,  chains 
Id  labor,  were  not  sufilcient  to  intimidate 
Piers.     The  journal  of  (the  thei»  lieutenant, 


afterwards)  General  Pike  inflamed  this  spirit, 
and  induced  new  adventurers  to  hazard  the  on- 
terprlse,  only  to  meet  the  fate  of  their  prwlecos- 
sors.     It  was  not  until  the  Indejicndence  of 
Mexico,  in  the  year  1821.  that  the  frontiers  of 
this  vast  and  hitherto  sealed  up  country,  were 
thrown  open  to  foreign  ingress,  and  trade  and 
intercourse  allowed  to  take  their  course.    The 
State  of  Misso'iri,  from  her  geographical  posi- 
tion, and  the  adventiirous  spirit  of  her  inhabit- 
ants, was  among  the  first  to  engage  in  it ;  ami 
the  "Western  Internal  Provinces" — the  vast 
region  comprchei;ding  New  Mexico,  El  Paso  del 
Norte,  New  Biscay,  Chihuahua,  Sonora,  Sinaloa, 
and  all  the  wide  slope  spreading  down  towardi? 
the  Gulf  of  California,  the  ancient  "  Sea  of  Cor- 
tez" — was  the  remote  theatre  of  their  cour- 
ageous enterprise — the  further  off  and  the  less 
known,  so  much  the  more  attractive  to  their 
daring  spirits.     It  was  the  work  of  individual 
enterprise,  without  the  protection    or  co'inte 
ancc  of  the  government — without  even  its  know- 
ledge— and  exposed  *o  constant  danger  of  life 
and  property  fro.        j  untamed  and  predatory 
savages,  Arabs  of  the  New  World,  which  roam- 
ed over  the  intermediate  country  of  a  then'  and 
miles,   and  considered  the  merchant  and    his 
goods  their  lawful  prey.     In  three  years  it  had 
grown  up  to  be  a  new  and  regular  branch  of  in- 
terior commerce,  profitable  to  those  engaged  in 
it,  valuable  to  the  country  from  the  articles  it 
carried  out,  and  for  the  silver,  the  furs,  and  the 
mules  which  it  brought  back ;  and  well  entitled 
to  the  protection  and  care  of  the  government. 
That  protection  was  sought,  and  in  the  form 
which  the  character  of  the  trade  required — a 
right  of  way  through  the  countries  of  the  tribes 
between   Missouri  and  New  Mexico,  a   road 
marked  out  and  security  in  travelling  it,  stipula- 
tions for  good  behavior  from  the  Indians,  and  a 
consular  establishment  in  the  provinces  to  bo 
traded  with.    The  consuls  could  be  appointed 
by  the  order  of  the  government ;  but  the  road, 
the  treaty  stipulations,  and  the  substantial  pro- 
tection against  savages,  required  the  aid  of  the 
federal  legislative  power,  and  for  that  purpose  a 
Bill  was  brought  into  the  Senate  by  me  in  the 
session  of   1824-25;  and  being  a  novel   and 
strange  subject,  and  asking  for  extraordinary 
legislation,  it  became  necessary  to  lay  a  foun- 
dation of  facts,  and  to  furnish  a  reason  and  an 
argument  for  every  thing  that  -was  asked.    I 


t  • 


42 


THIRTY  YEARS'  VIEVT 


jircxliiced  a  statcimnt  from  those  cnpipwl  in  the 
trade,  amonjr  otlit-rH  from  Mr.  AupuHtiis  StorrH, 
)nfc  of  Nl'W  IlaiiipKliire,  then  of  Missouri — a 
jri'iitlinian  of  cliaractiT  and  intellijrcncc,  very 
capable  of  rtlatin^  tlilnps  as  they  were,  and  in- 
rnimhle  of  nlalin;?  tlicm  otherwise;  and  who 
h;i(l  been  (HT'  oiially  enjraged  in  tho  tnulc.  In 
presentin;?  his  statement,  and  moving  to  l.ivo  it 
printed  for  tho  use  of  tho  Senate,  I  said  : 

'•  Tliis  frtiitkinan  liad  been  one  of  a  caravan  of 
eiphty  persons,  one  liundred  and  lifty-six  horses, 
and  twenty-three  wagons  und  carriajrea,  which 
had  made  tiic  expedition  from  Missouri  to  Santa 
Fe  (of  New  Mexico),  in  the  months  of  May 
and  June  last.  His  account  wa.s  full  of  interest 
and  novelty.  It  .sounded  like  romance  to  hear 
of  caravans  of  men,  liorses,  and  wa^ns,  travers- 
ing with  their  merchandise  tho  vast  plain  which 
lies  between  tho  Mississippi  and  tho  Hio  del 
Norti;  The  story  seemed  better  adapted  to  Asia 
than  to  North  America.  IJut,  romantic  as  it 
might  seem,  the  reality  hnd  already  exceeded  the 
visi  MIS  of  the  wildest  imn^ination.  The  journey 
to  N  i!w  Mexico,  but  lately  deemed  a  chimerical 
project,  had  become  an  affair  of  ordinary  occur- 
lence.  Santa  Fu,  but  lately  tho  Ultima  Thule 
of  American  enterprise,  was  now  considered  as 
a  stage  only  in  tho  progress,  or  rather,  a  now 
point  of  departure  to  our  invincible  citizens. 
Instead  of  turning  back  fiom  that  point,  tho 
caravans  broke  up  there,  and  the  subdivisions 
branched  olf  in  diilerent  directions  in  search  of 
new  theatres  for  their  enterprise.  Some  pro- 
ceeded down  the  river  to  tho  Paso  del  Norte ; 
some  to  the  mines  of  Chihuahua  and  Durango, 
in  the  province  of  Now  Biscay ;  some  to  Sonora 
and  Sinaloa,  on  the  Gulf  of  Califoniia;  and 
some,  seeking  new  lines  of  communication  with 
the  Pacific,  had  undertaken  to  descend  tho  west- 
••rn  slope  of  our  continent,  through  the  unex- 
plored regions  of  the  Colorado.  Tho  fruit  oi" 
these  entcrpiisc'S,  for  tho  present  year,  amounted 
to  ^1  yO.OOO  in  gold  and  silver  bullion,  and  coin, 
ami  precious  furs  ;  a  sum  considerable,  in  itself, 
in  tho  coinmerco  of  an  infant  State,  but  chiefly 
deserving  a  statesman's  notice,  as  an  earnest  of 
what  might  be  expected  from  a  regulated  and 
protected  trade.  The  principal  article  given  in 
exchange,  is  that  of  which  wo  have  the  greatest 
abundance,  and  which  has  the  peculiar  advantage 
of  making  the  circuit  of  the  Union  before  it 
departs  from  the  territories  of  the  republic — 
cotton — which  grows  in  tho  South,  is  manu- 
factured in  tho  North,  and  exported  from  tho 
West. 

"  That  tl'.e  trade  will  bo  beneficial  to  the 
inhabitants  of  tho  Internal  Provinces,  is  a  pro- 
position too  plain  to  bo  argued.  They  arc  a 
people  among  whom  all  the  arts  arc  lost — the 
ample  catalogue  of  whose  wants  may  be  inferi-od 
from  the  lamentable  details  of  Mr.  Storrs.    No 


l)ookBl  no  newspapers !  iron  a  dollar  a  \\n\\r\i\ 
cultivatinfi:  tho  earth  with  woo<l«'n  tools!  imr 
spinning  iifmn  a  stick  !    Such  is  the  picture  ofi  I 
f>eoplo  whoso  fathers  wore  tho  proud  title  of 
•*  Citrnpierora ;"  whoso  ancestors,  in  the  timu  of  I 
Charles  the  Fifth,  were  tho  pride,  tho  terror,  nn!  I 
tho  moflel  of  Europe;  and  such  has  lieen  tl:i 
jiowcr  of  civil  and  religious  despotism  in  accoin.  I 
plishing  tho  degradation  of  tho  human  specie-: 
To  a  people  thus  abated,  and  so  lately  arrivcc] 
at  the  |)Ossc88ion  of  their  liberties,  a  supply  of  I 
merchandise,  upon  tho  cheapest  terms,  is  thtl 
least  of  the  bcnoflts  to  be  derive<i  from  a  com- 
merce with  tho  people  of  the  United  Stites.  The  | 
consolidation  of   their  republican    institutions, 
the  improvement  of  their  moral  and  social  con- 1 
dition,  tho  restoration  of  their  lost  arts,  and  the  I 
development  of   their  national   resources,  an;  I 
among  the  grand  results  which   philanthroiijl 
anticipates  from  such  a  commerce.  | 

"To  tho  IndiuiiS  themselves,  the  opening  of  si 
road  through  their  country  is  an  object  of  vital  [ 
importance.  It  is  connected  with  the  prcserva-| 
tion  and  improvement  of  their  race.  For  two! 
hundred  years  tho  problem  of  Indian  civilization! 
has  been  successively  presented  to  each  genera- 1 
tion  of  tho  Americans,  and  solved  by  each  in  thel 
same  way.  Schools  nave  been  set  up,  coUcpesI 
founded,  and  missions  established ;  a  v/onderfujl 
success  has  attended  tho  commencement  of  evcrjl 
undertaking ;  and,  after  some  time,  the  schools.! 
tho  colleges,  tho  missions,  and  tho  Indians,  havtl 
all  disappeared  together.  In  tho  south  aloml 
have  we  seen  an  exception.  There  the  nationil 
have  preserved  themselves,  and  have  made  J 
cheering  progress  in  tho  arts  of  civilizatioal 
Their  advance  is  tho  work  of  twenty  years.  Ill 
dates  its  commencement  from  the  opening  oil 
roads  through  their  country.  Roads  inducdl 
separate  families  to  settle  at  tho  crossing  oil 
rivers,  to  establish  themselves  at  the  best  sprinisl 
and  tracts  of  land,  and  to  begin  to  sell  graiil 
and  provisions  to  the  travellers,  whom,  a  fcil 
years  before,  they  would  kill  and  plunder.  ThiiT 
imparted  tho  idea  of  oxclu.sive  property  in  thl 
soil,  and  created  an  attachment  for  a  fixed  re^>^ 
donee.  Gradually,  fields  were  opened,  housej 
built,  orchards  planted,  flocks  and  herds  acquire 
and  slaves  bought.  Tho  acquisition  of  thijJ 
comforts,  relieving  tho  body  from  the  torturinj 
wants  of  cold  and  hunger,  placed  the  mind  inf 
condition  to  pursue  its  improvement. — This,  Jlil 
President,  is  tho  true  secret  of  the  happy  ailj^ 
vauce  which  the  southern  tribes  have  made  i 
acqiiiring  the  arts  of  civilization ;  this  has  f  titJ 
them  for  tho  reception  of  schools  and  missiomf 
and  doubtless,  tho  same  cause  will  produce  ttf 
same  elfects  among  the  tribes  beyond,  which  q 
has  produced  among  the  tribes  on  this  side  a 
tho  Mississippi. 

"  Tho  right  of  way  is  indispensable,  and  i 
committee  have  begun  with  directing  a  bill  to  li 
reported  for  that  purpose.    Happily,  there  i 
no  constitutional  objections  to  it.    State  ri^bl 


ANNO  lSi4.    .IAMF>*  MONR(»K.  rUKslDF.NT. 


4.T 


are  in  no  tlanjrt'r !  Tliu  rond  which  is  oontein- 
tilati-<l  will  trL'H|)a.<M  \\\wi\  thu  tuiil,  or  iiifrinpo  iifion 
the  jurisdiction  of  nu  Stats  wimtsoever.  It  runs 
n  (otirsu  and  a  distance  to  avoid  nil  tlmt ;  for  it 
li(',;ins  ii|ion  tliu  outside  lino  of  the  oiitsidu  State, 
Hiid  runs  directly  otf  towards  the  setting  sun — 
far  awar  from  all  the  States.  Tho  Confess  and 
the  Indians  are  nlono  to  bo  consuIti-<l,  and  tho 
(Statute  book  is  full  of  precedents.  Protesting 
aiiainst  the  necessity  of  producing  precedents  for 
ail  act  in  itself  pregnant  with  propriety,  I  will 
vet  name  a  few  in  order  to  illustrato  the  policy 
oi'  t,\ic  government,  and  show  its  readiness  to 
make  roads  through  Indian  countries  to  facilitate 
the  intercourse  of  its  citizens,  and  even  upon 
foreign  territory  to  promote  commerco  and  na- 
tional communications." 

Precedents  wcro  then  shown.  1.  A  road  from 
Xa-shvillo,  Tennessee,  through  tho  Chicasaw  and 
Choctaw  tribes,  to  Natchez,  180G ;   2,  a  road 
through  tho  Creek  nations,  from  Athens,  in 
Georgia,  to  tho  31st  degree  of  north  latitude,  in 
the  direction  to  Now  Orleans,  1800,  and  con- 
tinued by  act  of  1807,  with  the  consent  of  tho 
[Spanish  government,  through  tho  then  Spanish 
1  territory  of  West  Florida  to  New  Orleans; 
Is,  three  roads  through  the  Cherokee  nation,  to 
lopcn  un  intercourse  between  Georgia,  Tennessee, 
land  tho  lower  Mississippi ;  and  more  than  twenty 
lothers  upon  tho  territory  of  the  United  States. 
iBut  the  precedent  chiefly  relied  upon  was  that 
Ifrom  Athens  through  tho  Creek  Indian  territory 
pd  the  Spanish  dominions  to  New  Orleans.    It 
vas  up  to  the  exigency  of  tho  occasion  in  every 
particular — being  both  upon  Indian  territory 
Aiithin  our  dominions,  and  upon  foreign  territory 
leyond  them.    The  road  I  wanted  fell  within 
Ihe  terms  of  both  these  q:  salifications.    It  was 
|o  pass  through  tribes  within  our  own  territory, 
atil  it  reached  the  Arkansas  River:  there  it 
net  the  foreign  boundary  established  by  the 
Ireaty  of  1819,   which  gave  away,  not  only 
lexas,  but  half  the  Arkansas  besides ;  and  thi 
lill  which  I  brought  in  provided  for  continuing 
he  road,  with  tho  assent  of  Mexico,  from  this 
oundary  to  Santa  Fe,  on  the  Upper  del  Norte, 
[deemed  it  fair  to  give  additional  emphusis  to 
pis  precedent,  by  showing  that  I  had  i\.  from 
ir.  JclTerson,  and  said : 

'•  For  a  knowledge  of  this  precedent,  I  am  in- 
Icbtcd  to  a  conversation  with  Mr.  Jefl<>rson 
unself.  In  a  late  excursion  to  Virginia,  I 
lailed  myself  of  a  broken  day  vo  call  and  pay 
Iv  respents  to  that  patriarchal  statesman.  The 
Idividual  must  manage  badly,  Mr.  President, 


who  can  find  hiinvelf  in  th(»  |in"!fiici->  of  that 
great  man,  and  retire  fn)m  it  without  Juiiiiriinr 
otfsome  (wt,  or  suuie  iimxini,  of  ciiiiiioiit  utility 
to  ttie  huninn  rnce.     I  tiiist  that  I   did  not  s.i 
manage.      I  trust  Ihiit,  in   hrin^'inj;  i>ir  n  (art 
which  le<l   to   tho  discovery  of  the  priTrdiiit, 
which  is  to  remove  the  only  serious  olijeclion  to 
the  road  in  question,  1  have  done  a  servire,  if  not 
to  the  human  family,  at  least  to  the  citizens  of 
tho  two  greatest  Hepnblics  in  the  world.     It 
wa.s  on  tho  evening  of  Christinas  day  that  1 
called  upon  Mr.  Jelferson.     Tho  conversation, 
among  other  things,  turned  uiion  roads.      Ilu 
spoke  of  one  from  Georgia  to  New   Orleans, 
made  during  the  last  term  of  his  own  adminis- 
tration,    lie  said  there  wap  a  manuscript  map 
o^  it  in  the  library  of  Congress  (fomicrly  his 
<, An),  bound  up  in  u  certain  volume  of  maps, 
which  ho  described  to  mc.     On  my  return  to 
Washington,  I  searchctl  tho  statute  book,  ond  I 
found  tho  acts  which  authorized  the  road  to  bo 
made :  they  are  tho  same  which  I  liave  just  read 
to  tho  Senate.    I  searched  the  Congress  Library, 
and  I  found  the  volume  of  maps  which  ho  had 
described;   and  hero  it   is  (pnsenting  a  huge 
folio),  and  there  is  tho  maj)  of  the  road  from 
Georgia  to  New  Orleans,  more  than  two  hun- 
dred miles  of  which,  marked  in  blue  ink,  is 
traced  through  the  then  dominions  of  tho  King 
of  Spain ! '' 

The  foreign  part  of  the  road  was  the  difficulty 
and  was  not  entirely  covered  by  tho  precedent. 
That  was  a  road  to  our  own  city,  and  no  other 
direct  territorial  way  from  tho  S-^'ithern  States 
than  through  tho  Spanish  province  of  West 
Florida:  this  was  a  road  to  bo,  not  only  on 
foreign  territory,  but  to  go  to  a  foreign  country. 
Some  Senators,  favorable  to  the  bill,  were 
startled  at  it,  and  Mr.  Lloyd,  of  Massachusetts, 
moved  to  strike  out  the  part  of  tho  section 
which  provided  for  this  ex-territorial  national 
highway ;  but  not  in  a  spirit  of  hostility  to  tho 
bill  itself  providing  for  protection  to  a  branch 
of  commerce.  Mr.  Lowrie,  of  Pennsylvania, 
could  not  admit  the  force  of  tho  objection,  antl 
held  it  to  be  only  a  modification  of  what  was 
now  done  for  the  protection  of  commerce — the 
substitution  of  land  for  water ;  and  instanced  the 
sums  annually  spent  in  maintaining  a  fleet  in 
the  Mediterranean  Sea,  and  in  tho  mo«t  remote 
oceans  for  the  samo  purpose.  Mr.  Van  Buren, 
thought  the  government  was  bound  to  extend 
the  same  protection  to  this  branch  of  trade  as 
to  any  other;  and  the  road  upon  tho  foreign 
territory  was  only  to  be  marked  out,  not  made. 
Mr.  Macon  thought  the  question  no  great  mat- 
ter. Formerly  Indian  traders  followed  "  traces : " 


If 
.if 


44 


TIIIKTV  YKAIW  VIKW 


now  they  miint  linvo  roniN.     lie  dil  not  cnrc 
for  prcctMlcntH :  they  «"•  p'^rnlly  P'>"<'  '""  ''*'' 
»H  tln'y  suit  or  rross  our  |iiir|)Osi'H.     Tlie  ra-xu 
of  thcrowl  iiiailu  \>y  Mr.  Jcllirson  wan  ililltrfnt. 
Thnt  roftil  was  ina<lo  lunonij  Ituiimis  c  tiipnra- 
tivcly  civili/.cil,  and  who  liad  wm>o  notions  of 
pro|R'rty.     Hut  tin-  jiroiHiscd  road  now  to  Ikj 
markc>d  out  would  piitiH  tlirou;rh  wild  triU'S  who 
tliink  of  nothing  hut  killing  and  rohhinj;  a  whitt- 
man  tlie  ninmcnt  they  seo  him,  and  would  not 
be  ri'strainod  liy  treaty  ohli-rationH  even  if  tlicy 
entered  into  them.    Col.  Johnson,  of  Kentucky, 
had  neier  lic-ilated  to  vote  tho  mon«'y  which 
was  necessary  to  protect  tlio  lives  or  j)ropcrty 
of  our  Kca-furing  men,  or  for  Atlantic  fortifica- 
tions, or  to  su|)press  piracies.    We  had,  nt  this 
session  voted  SioOO.OOC      suppress  piracy  in  the 
■\Vest  Indies.    We  build  ships  of  war,  erect  light- 
houses, spend  annual  millions  for  the  protection 
of  ocean  commerce ;  and  ho  could  not  suppose 
that  the  sum  proposed  in  tliis  bill  for  the  protec- 
tion of  an  inland  branch  of  trade  so  valuable  to 
the  West  could  bo  denied.     Mr.  Kelly,  of  Ala- 
bama, said  the  great  object  of  tho  bill  was  to 
cherish  ami  foster  a  branch  of  commerce  already 
in  existence.     It  is  carried  on  by  land  throngh 
several  Indian  tribes.    To  be  safe,  a  road  must  be 
had— a  right  uf  way — "a  trace,"  if  you  please. 
To  answer  its  purpose,  this  road,  or  ^^  trace," 
must  pa.ss  tho  boundary  of  the  United  States, 
and  extend  several  himdred  miles  through  tho 
wilderness  country,  in  tho  Mexican  Republic  to 
tho  settlements  with  which  tho  trafBc  must  bo 
carried  on.    It  may  bo  well  to  remember  that  tho 
Jloxican  government  is  in  the  germ  of  its  exist- 
cnoe,  struggling  with  difficulties  that  wo  have 
long  since  surmounted,  and  may  not  feel  it  con- 
vci^ient  to  make  the  road,  and  that  it  is  enough  to 
permit  us  to  mark  it  out  upon  her  soil ;  which  Is 
all  that  this  bill  proposes  to  do  within  her  limits. 
Mr.  Smith,  of  Maryland,  would  veto   for  tho 
bill.     The  only  question  with  him  was,  whether 
commerce  could  be  carried  on  to  advantage  on 
the  proposed  route;    and,   being   satisfied  that 
it  could  be,  he  should  vote  for  the  bill.     Mr. 
Brown,  of  Ohio  (Ethan  A.),  was  very  glad  to 
hear  such   sentiments  from  the   Senator  from 
Maryland,  and  hoped   that  a  reciprocal   good 
feeling  would  always  prevail  between  different 
sections  of  the  Union.     He  thought  there  could 
be  no  objection  to  the  bill,  and  approved  tho 
policy  of  getting  the  road  upon  Mexican  territory 


with  tho  consent  of  the  .Mexican  jrovcmmcnt, 
The  bill  prw*ic<l  tho  iScnato  by  a  larjre  vote — ''M 
to  12;  and  these  arn  the  names  of  the  Senalofi 
voting  for  and  against  it : 

Ykah. — Messrs.  Burton,  Benton,  Boidigny 
Brown,  D'Wolf,  Eaton,  Edwards,  Elliott,  Holnin 
of  Mis  Jocks^in  (the  General),  Johnson  of 
Kentucky,  Johnston  of  Imu,,  Kelly,  Knight, 
Lanman,  Lloyd  of  Mo**.,  Lowrie.  Mcllvaine, 
Mcl,«an,  Noble,  Palmer,  Parrott,  Buggies,  Sey- 
mour, Smith,  Talbot,  Taylor,  Thomas,  Van 
Buren,  Van  Dyke — 30. 

Navs. — Messrs.  Branch,  Chandler,  Clayton, 
Cobb,  Gaillard,  Ilayne,  Holmes  of  Maine,  Kinj; 
of  Ala.,  King  of  N.  Y.,  Macon,  Tazewell,  Wil- 
liams— 12. 

It  passed  tho  House  of  Itcprescntatives  by  a  I 
majority  of  thirty — received  the  approving  sig- 
nature of  Mr.  Monroe,  among  the  last  acts  of 
his  iniblic  life — was  carried  into  effect  by  his 
successor,  Mr.  John  Quincy  Adams — and  tliij 
road  has  remained  a  thoronghfaro  of  commerce 
between  Missouri  and  New  Mexico,  and  all  tiie| 
western  internal  provinces  over  since. 


KeproMntatircii ;  of 


CHAPTER     XVII. 

PKESinENTIAL  AND  VICE-PKESIDENTIAT.  ELE&I 
TION  IN  THE  ELECTORAL  COLLEGES. 

Four  candidates  were  before  tho  people  for  thel 
office  of  President— General  Jackson,  Mr.  JohJ 
Quincy  Adams,  Mr.  William  II.  Crawford,  anJ 
Mr.  Henry  Clay.  Mr.  Crawford  had  been  nomj 
inated  in  a  caucus  of  democratic  members  c(| 
Congress ;  but  being  a  minority  of  tho  raemberJ 
and  the  nomination  not  in  accordance  with  puSl 
lie  opinion,  it  carried  no  authority  along  with  iJ 
and  was  of  no  service  to  the  object  of  its  choict] 
General  Jackson  was  the  candidate  of  the  p>| 
pie,  brought  forward  by  the  masses.  .MrJ 
Adams  and  Mr.  Clay  were  brought  forward  \m 
bodies  of  their  friends  in  different  States.  Tfci 
whole  number  of  electoral  votes  was  2G1 ;  dl 
which  it  required  131  to  make  an  election.  .\J 
one  had  that  number.  General  Jackson 
the  highest  on  tho  list,  and  had  99  votes ;  .Mi| 
Adams  84 !  Mr.  Crawford  41 ;  Mr.  Clay 
No  one  having  a  majority  of  the  whole  of  ela 
ors,  tha  electioo  devolved  upon  the  House  o 


CHAPTE 

DEATH  OF  JOHN  TA 


ANNO  1824.    JAMF>*  MoMlOt;  rUtXIDKNT. 


4:) 


ReprcTCntatircfi ;  of  whirh  an  anrotint  will  be 
OTVvn  ill  a  separate  chnitter. 

Ill  tho  vice  |irt>aiiii'iitial  election  it  wad  ilif- 
fcniit.  Mr.  John  C.  Calhoun  (who  in  tho  l>c- 
cinnini;  <>(  tho  canvaxH  had  l>ccn  a  canilidalc 
for  tiic  Presidency,  but  hail  Iwon  witlulrawn  by 
his  fiioihls  in  Pennsylvania,  and  put  forwanl 
f,ir  Vioe-l'resident),  received  1H2  votes  in  the 
eloctiiral  cullcf^,  and  was  elected.  Mr.  Nathan 
Sanilford,  Senator  in  ConpresH  from  New-York, 
lm<l  been  placed  on  tho  ticket  with  Mr.  Clay, 
and  received  30  votes.  Tho  24  votes  of  Vir- 
(iiiiia  were  Riven  to  Mr.  Macon,  as  a  compli- 
ment, he  not  being  u  candidate,  and  having 
refused  to  become  one.  Tho  nine  votes  of 
Georgia  were  given  to  Mr.  Van  Burcn.  also  as  a 
compliment,  ho  not  being  on  the  list  of  candi- 
dates. Mr.  Albert  Gallatin  had  been  nominated 
in  the  Congress  caucus  with  Mr,  Crawford, 
but  finding  the  proceedings  of  that  caiicus  nn- 
acceptablo  to  tho  people  ho  had  withdrawn  from 
thu  canvass.  Mr.  Calhoun  was  the  only  sub- 
stantive vicc-prcsidcntial  candidate  before  the 
people,  and  his  election  was  an  evidence  of  good 
fi-cling  in  tho  North  towards  southern  men — he 
receiving  tho  main  part  of  his  votes  from  that 
quarter — 114  votes  from  tho  non-slavcholding 
States,  and  only  68  from  tho  slaveholding.  A 
suiitlicm  man,  and  a  slaveholder,  Mr.  Calhoun 
was  indebted  to  northern  men  and  non-slave- 
holders, for  the  honorable  distinction  of  an  elec- 
tion in  tho  electoral  colleges — the  only  one  in 
the  electoral  colleges — tho  only  one  on  all  the 
I  lists  of  presidential  and  vice-presidential  candi- 
dates who  had  that  honor.  Surely  there  was 
no  disposition  in  tho  free  States  at  that  time  to 
bo  unjust,  or  unkind  to  the  South. 


CHAPTER    XVIII 

DEATH  OF  JOHN  TAYLOK,  OF  CAUOLINE. 

IFoh  by  that  designation  was  discriminated,  in 
pis  own  State,  tho  eminent  republican  statesman 
pf  Virginia,  who  was  a  Senator  in  Congress  in 
[the  first  term  of  General  Washington's  adminis- 
[tration,  and  in  the  last  term  of  Mr.  Monroe — 
nd  who,  having  voluntarily  withdrawn  himself 


from  that  hi;;h  station  during  the  inteniii-<liate 
thirty  years,  devoted  liini«.e!r  tu  the  noble  pur- 
suits  of  agriculture,  literature,  the  study  of  po 
litioal  economy,  and  the  service  of  his  State  ot 
county  when  calleii  by  his  foilow-citi/.ens.  Per- 
sonnlly  I  knew  him  but  slightly,  our  meeting  in 
the  Senate  being  our  llrst  ncr|imintanee,  ami  our 
senatorial  association  limited  to  the  single  ses* 
sion  of  which  ho  was  a  member — 1«2.'!-121 ; — at 
the  end  of  which  he  died.  But  all  my  observa- 
tion of  him,  ami  his  whole  apjiearancti  nnd  de- 
portment, went  to  conlirm  tho  reputation  of  his 
individuality  of  character,  and  high  (|iialities 
of  tho  head  and  the  heart.  I  can  hanlly  flguro 
to  myself  tho  ideal  of  a  republican  statesman 
more  perfect  ami  complete  than  he  was  in  re- 
ality*.— plain  and  solid,  a  wise  counsellor,  a  ready 
and  vigorous  debater,  acute  and  comprehensive, 
ripo  in  all  historical  and  political  knowledge,  in- 
nately republi'-an— modest,  courteous,  benevolent, 
hospitable — a  skilful,  practical  farmer,  giving  his 
time  to  his  farm  and  his  books,  when  not  called 
by  an  emergency  to  the  public  service — nnd  re- 
turning to  his  ]x)oks  and  his  farm  when  tho 
emergency  was  over.  His  whole  character  was 
announced  in  his  looks  and  deportment,  nnd  in 
his  uniform  (senatorial)  dress — the  coat,  waist- 
coat, and  pantaloons  of  tho  same  '"London 
brown,"  and  in  tho  cut  of  a  former  fashion — 
beaver  hat  with  ample  brim — fine  white  linen 
— and  a  gold-headed  cane,  carried  rot  for  show, 
but  for  use  and  support  when  walking  and 
bending  under  the  heaviness  of  years,  lie 
seemed  to  have  been  cast  in  tho  same  mould 
with  Mr.  Macon,  and  it  was  pleasant  to  see 
them  together,  looking  like  two  Grecian  sages, 
and  showing  that  regard  for  each  other  which 
every  one  felt  for  them  both.  lie  belonged  to 
that  constellation  of  great  men  which  shone  so 
brightly  in  Virginia  in  his  day,  and  tho  light  of 
w  lich  was  not  limited  to  Virginia,  or  our  Ame- 
rica, but  spread  through  the  bounds  of  tho  civi- 
lized world.  He  was  tho  author  of  several 
works,  political  and  agricultural,  of  which  his 
Ai-atar  in  one  class,  and  his  Construction  Coii' 
Htrued  in  another,  were  the  principal — ona 
adorning  and  exalting  the  plough  with  the  attri- 
butes of  science ;  the  other  exploring  the  confines 
of  the  federal  and  tho  State  governments,  and 
presenting  a  mine  of  constitutional  law  very  pro- 
fitably to  be  examined  by  the  political  student 
who  will  not  be  repulsed  from  a  banquet  of  rich 


46 


TinnTY  YEARS'  VIKW. 


i'lcaM,  hy  tlio  ipmint  Sir  Kilwnnl  Coko  Btylo— 
(llio  only  |»oint  of  rfwinManrc  U-twoi'ii  the 
r'liiiJiIirnii  "^tat'-sinnii.  mil  the  rn>wn  odlrtT  of 
KlizilK'tli  and  Juiiics)— in  wliicli  it  \h  dn-Hswl. 
Devotion  to  Stntc  riKhtH  wns  the  ruling  feature 
fif  ]m  j«»liry;  nn<l  to  kiop  Ixith  povernmentH, 
Staff*  and  fidiTid,  within  their  roNi»ectivc  con.sti- 
tiitional  orJtits,  wrh  the  InJtorof  his  ?»oli(ical  life. 
In  the  j-eiirs  171^  nnd  ".»!»,  Mr.  Taylor  was  a 
ineinhcr  of  the  (ion  iid  Asscinhly  of  his  State, 
niUed  into  Kervioe  l»y  the  rireuinstances  of  the 
times  ;  ami  wassehrted  on  aeroiintof  thcdipnity 
nnd  gravity  of  his  r'mrneter,  his  power  and  rea- 
diness in  dehnte,  and  his  si;riial  devotion  to  the 
rights  of  the  States,  to  Ininp  forwanl  those  cele- 
lirated  resolutions  which  Mr.  Jeflerson  conceived, 
whieh  his  friends  sanelioncd.  which  Jlr.  Madison 
drew  iij),  nnd  which  "  John  Taylor,  of  Caroline," 
Iircsentcd ; — which  arc  a  perfect  exposition  of 
the  principles  of  our  duplicate  form  of  govern- 
ment, an<l  of  the  limitations  upon  the  p<jwer 
of  the  federal  Rovernmcnt ; — and  which,  in  tlicir 
declaration  of  the  unconstitutionality  of  the 
alien  and  sedition  laws,  nnd  appeal  to  other 
States  for  their  co-operation,  had  nothing  in  view 
l)ut  to  initiate  a  State  movement  by  two-thirds  of 
tlio  States  (the  number  required  by  the  fifth 
article  of  the  federal  constitution),  to  amend,  or 
authoritatively  expound  the  constitution  5 — the 
idea  of  f/rciblo  resistance  to  the  execution  of 
any  act  of  Congress  being  expressly  disclaimed 
at  the  time. 


CIIAPTEll     XIX. 

I'KESIDKXTIAL  KLKCTIOV  IN  THE  HOUSE  OF 
KElUEEsENTATIVES. 

It  has  already  been  shown  that  the  theory  of 
the  constitution,  and  its  practical  working,  was 
entirely  difTcrent  in  the  election  of  President  and 
Vice-President — that  by  the  theory,  the  people 
were  only  to  choose  electors,  to  whoso  superior 
intelligence  the  choice  of  fit  persons  for  these 
high  stations  was  entirely  committed — and  that, 
in  practice,  this  theory  had  entirely  failed  from 
the  beginning.  From  the  very  first  election  the 
electors  were  made  subordinate  to  the  people, 
having  no  choice  of  their  own,  and  pledged  to 
deliver  their  votes  for  a  particular  person,  ac- 
eorJing  to  the  will  of  those  who  elected  them. 


ThuK  the  theory  lia<l  failr<l  in  itn  Kpplicatk)n  to 
the  electoral   rollej{»»;    hut   there  mi^rht   \ir  ? 
Hwoml  or  contingent  election,  and  has  l»cen ;  nn  i 
hero  the  theory  of  the  constitution  has  fiuli'.| 
again.     In  tlio  event  of  no  clioico  being  made  Iv 
the  electors,  either  for  want  of  a  majority  nf 
electoral  votes  being  given  to  any  one.  or  on  a<- 
count  of  an  eqiial  majority  for  two,  the  IIouk 
of  Uepresentntives  became  an  electoral  eollc^'" 
for  the  occasion,  limited  to  a  choice  out  of  th; 
five  highest  (twforo  the  constitution  wax  amin'I- 1 
ed),  or  the  two  liighest  having  an  equal  majoritv. 
The    President  and    Vice-President   were  not 
then  voted  for  separately,  or  with  any  desipia. 
tion  of  their  office.     All   appeared   upon  the 
record  an  presidential  nominees — the  highest  on  1 
the  list  having  a  majority,  to  bo  President ;  t!n 
next  highest,  also  having  a  majority,  to  bo  \"n\. 
President ;  but  the  people,  from  tlwi  beginning',  [ 
had  discriminated  between  the  persons  for  these 
respective  places,  always  meaning  one  on  tiiciri 
ticket  for  President,  the  other  for  Vice-Presiden*,  I 
But,  by  the  theory  of  tho  constitution  and  j:;! 
words,  those  intended  Vice-Presidents  might  l*  I 
elected  President  in  tho  House  of  IlepresentaJ 
tives,  either  by  being  among  tho  five  higlnsJ 
when  there  was  no  miy'ority,  or  being  one  of  twJ 
in  an  equal  majority.    This  theory  failed  in  thel 
House  of  Representatives  fVom  tho  first  election,! 
tho  demos  krateo  principle — tho  people  to  povl 
crn — prevailing  there  as  in  the  electornl  collcfrcJ 
and  overruling  tho  constitutional  design  in  each.  [ 
The  first  election  in  tho  House  of  Represent»| 
tives  was  that  of  Mr.  Jefferson  and  Mr.  Burri 
in  the  scs.sion  of  1800-1801.     These  gentlcmeiil 
had  each  a  majority  of  tho  whole  number  ofl 
electoral  votes,  and  n  equal  majority  — 73  eacil 
— Mr.  Burr  being  intended  for  Vicc-Prcsi(lcnt| 
One  of  the  contingencies  had  then  occurred  1:1 
which  tho  election  went  to  tho  House  of  Rcprcl 
sentativcs.      Tho   federalists    had   acted  iiionl 
wisely,  one  of  their  State  electoral  colleges  (tliail 
of  Rhode  Island),  having  withheld  a  vote  froii| 
tho  "intended  Vice-President  on  their  side,  Jlrl 
Charles  Colesworth  Pinckney,  of  South  Cara-I 
lina ;  and  so  prevented  an  equality  of  votes  be-l 
tween  him  and  Mr.  John  Adams.    It  woiildl 
have  been  entirely  constitutional  in  the  IIou^l 
of  Representatives  to  have  elected  Mr.  Burl 
President,  but  at  the  same  time,  a  gross  viol  J 
tion  of  tho  democratic  principle,  which  requiral 
the  will  of  the  majority  to  bo  complied  witLl 


n\jv  sixlirn  Sl«ti>H,  ai 

r iia-  of  inne  to  edir 

thirty-sixth  Mr.  Jelfei 

'!\,  and  two  were  divi 

Irallot  Mr.  Jefferson 

(Iwrtecl.     General  Han 

[iiiidie  life,  took  a  decit 

ii>iiig  above  all  personi 

liuiis,  and  urging  the  fi 

I  iiing  to  vote  for  Mr.  Je 

cratic  principle  prevail 

U'ople  was  elected  by  t 

tivi's;  and  the  struggle 

had  o|)poKed  that  princ 

1V.1H  broken  down,  and 

jclfotions,  was  left  in  a  s 

didatu  at  the  ensuing  pr 

led  but  fourteen  votes 

Lvcnty-six.     Burr,  in 

Iwhose  connivance  tho  f 

Vis  ruined—fell  under  t 

^liirty,  disappeared  from  ] 

fccn  afterwards  in  crimi'i 

ip;  his  life  in  want  and 

tion  itself,  in  that  parti( 

lion),  was  broken  down,  a 

IS  to  separate  tho  presidei 

Jcniial  ticket,  giving  eat 

tlio  event  of  no  electic 

;'es,  sending  each  to  sep 

|iit;hcst  on  tho  presidentii 

IcprescntativcB,— the  tw 

presidential,  to   tho  Seni 

lie  first  struggle  hi  the 

ives  (in  relation  to  the 

Etween  the  theory  of  th 

cmocratic  principle— triu 

iiintoitsoppo.ser8,andd 

tho  constitution,  whi< 

^niggle. 

Tho  second  presidential 

'Representatives  was  afti 

'  a  century,  and  under 

^tion,  which  carried  tho 

«  to  the  House  when  n 

'  the  electoral  votes.     { 

i>hnQuincy  Adams,  and 

1,  were  the  three,  their 

f)  8^,  41 ;  and  in  this  a 


AXXO  18i8.    JAMt-S  MDMIOF;  »'1:I>11)KNT. 


47 


tlie  fciKrnl  St«lo«  undirtook  to  oleot  Mr.  Biirr,  | 
mil  l^i'Pt  "I*  "'"  *<tru){Klt)  tor  Hovcn  dav^  intl 
uijrht:*,  »n<l  until  tho  thirty-NJxlh  ballot.     There  | 
mre  tiixtwii  .Slali«n.  and  it  rp«jiiirv<l  tlic  roticur- 
Mirt!  of  ninu  to  ctli-ct  an  clt-ction.     Intil  tho 
tliirly-w-'tth  Mr.  JcfllTHon  had  I'iRht,  Mr.  Burr 
j  i.x,  and  two  wiTo  divided.     On  tho  thirty-Kixth 
li^illut  Mr.  JutriTM>n  had   ton  Slates  and  was 
(lictcMJ.     Gunural  Hamilton,  thoui^h  not  then  in 
Tiiililic  lift',  took  a  decided  part  in  thiii  election, 
ri-iiiK  aliovc  all  |H.>rsonal  and  all  party  conoidora- 
tions,  and  urpnt;  tho  federaliHtii  fmm  tho  bc(;in- 
,iin;»  to  vote  for  Mr.  JelFerson.     Thus  tho  demo- 
cratic principle  prevailed.     Tho  choice  of  tho 
I  p<^)(ile  wa.s  elected  by  tho  Ilouao  of  IleprcHcnta- 
Itivcs;  and  the  Rtru^fi;lo  was  fatal  to  thoso  who 
liiid  opi)osed  that  principle.     Tho  federal  party 
|\v,iH  broken  down,  and  at  tho  ensuing  Congress 
Icl^'otions,  was  left  in  a  sniuU  minority.    Its  can- 
Idiilate  at  the  ensuing  presidential  election  recoiv- 
|(ii  hut  fourteen  votes  out  of  one  hundred  and 
L,vcnty-six.     Burr,  in  whoso  fiuor,  and  with 
Iwiiosc  connivance  tho  struggle  had  been  made, 
|\vas  ruined — fell  under  tho  ban  of  tho  republican 
tiarty,  disappeared  from  public  life,  and  was  only 
[iccn  afterwards  in  crimmal  enterprises,  and  end- 
ng  Iiis  life  in  wiuit  and  misery.     The  constitu- 
kion  itself,  in  that  particular  (tho  raodo  of  dec- 
lion),  was  broken  down,  and  had  to  bo  amended  so 
ks  to  separate  tho  presidential  from  the  vice-presi- 
peniial  ticket,  giving  each  a  scparato  vote;  and 
1  tlio  event  of  no  election  by  tho  electoral  col- 
;;cs,  sending  each  to  separate  houses — the  three 
jiij^hcst  on  tho  presidential  lists  to  the  IIouso  of 
[leprcscntativcB, — tho  two  highest  on  the  vice- 
krcsidential,  to  tho  Senate.     And  thus  ended 
jlio  first  struggle  in  tho  House  of  Rcpresenta- 
pves  (in  relation  to  tho  election  of  President), 
etwccn  the  theory  of  tho  constitution  and  the 
|cmocratic  principle — triumph  to  tho  principle, 
lin  to  its  opposers,  and  destruction  to  tho  clause 
tho  constitution,  which    permitted    such  a 
Itnigglo. 

j  Tho  second  presidential  election  in  the  IIouso 

f  Representatives  was  after  the  lapse  of  a  quarter 

a  century,  and  under  tho  amended  consti- 

btion,  which  carried  tho  three  liighest  on  the 

pt  to  the  House  when  no  one  had  a  majority 

the  electoral  votes.     General  Jackson,  Mr. 

^hn  Quincy  Adams,  and  Mr.  William  H.  Craw- 

d,  were  tho  three,  their  respective  votes  being 

f,  84,  41 ;  and  in  this  case  a  second  struggle 


Uwk  pliire  iH'twwn  the  theory  of  t?io  ooiislitu 
tiun   and   tliu  dcnxM-mlic   principle ;    aii<l  with 
ev«'ntual  defeat  to  the  «p|H)si>ri(  of  llmt  principle, 
though  tein|K»rarily  Hiure-wfnl.    .Mr.  Aduni'*  wn* 
ele<:'te<l,  tliou(rh  (ieneral  .lackKon  was  tliu  ••liiii«'o 
of  the  people,  liaving  rcct-ived  the  prcatesl  num- 
Ikt  of  votes,  and  Ininj;  un<loulitedly  the  stfoitd 
choice  of  several  States  whoso  voles  had  been 
given  to  Mr.  Crawfori  and  Mr.  Clay  (at  tho 
g:'nerttl    ele"'.!oii).      The    reprenentiilives    from 
some  of  these  States  gave  the  vote  of  the  State  to 
Mr.  Adams,  tipon  the  ar}rument  that  he  was  best 
qualifle<l  for  tho  station,  ami  that  it  wxs  dan- 
gerous to  our   institutions  to  elect  a  military 
chieftain — an  argtunent  whieh  ossuiued  a  iiaril- 
ianshipover  the  i)eo|ile,  and  iiiii)lied  tho  necessity 
of  a  superior  intelligence  to  guiilo  them  for  their 
own  good.      Tho  election  of  Mr.  Adams   was 
perfectly  constitutional,  and  as  such  fully  ;  ib- 
mittcd  to  by  tho  people ;  but  it  was  also  a  viola- 
tion of  thu  deinna  kmico  principle ;  and  that 
violation  was  signally  rebuked.     All  tho  re|)re- 
scntatives  who  voted  against  the  will  of  their 
consiituents,  lost  their  favor,  anil   disappeared 
from  public   life.      Tho   representation   in   tho 
House  of  Representatives  was  largely  changed 
at  tho  first  general  election,  and  presented  a  full 
opposition  to  tho  new  President.    Mr.  Adams 
himself  was  injured  by  it,  and  at  the  ensuing 
presidential  election  was  beaten    by   General 
Jackson  more  than  two  to  one — 178  to  83.    Jlr. 
Clay,  who  took  tho  lead  in  tho  House  for  Mr. 
Adams,  and  afterwards  took  upon  himself  tho 
mission  of  reconciling  the  people  to  his  election 
in  a  scries  of  public  speeches,  was  himself  crip- 
pled in  the  effort,  lost  his  place  in  th    'omocratic 
party,    joined  tho  whigs  (then  ca,','-  ,i     utional 
republicans),  and  has  since  presented  the  dis- 
heartening spectacle  of  a  former  great  leader 
figuring  at  the  head  of  his  anrint  foes  in  all 
their  defeats,  and  lingering  on  their  rear  in  their 
victories.     Tho  democratic  principle  was  again 
victor  over  tho  theory  of  tho  constitution,  and 
great  and  good  were  tho  results  that  ensued.    It 
vindicated  tho  devtoa  in  their  right  and  their 
power,  and  showed  that  tho  prefix  to  tho  con- 
stitution, "Wo,  the  people,  do  ordain  and  es- 
tablish," &c.,  may  also  bo  added  to  its  adminis- 
tration, showing  them  to  be  as  able  to  administer 
as  to  make  that  instrument.    It  re-established 
parties  upon  the  basis  of  principle,  and  drew 
anew  party  lines,  then  almost  obliterated  under 


48 


•nim-n'  years*  vikw. 


the  fusion  of  jwrt'CH  during  the  "era  of  poml 
ftt'linjr,"  1111(1  the  efforts  of  leading  men  to  make 
personal  parties  for  themselves.  It  kIiowckI  the 
conservative  power  of  our  ftovcmmcnt  *o  lie  in 
the  jteople,  more  than  in  it.s  constituted  authori- 
ties. It  showed  that  they  were  capable  of  ex- 
ercising the  function  of  self-povemment.  It 
assured  the  sii|)remary  of  the  democracy  for  a 
lonj?  time,  and  until  tempororily  lost  by  causes 
to  be  shown  in  their  pmpcr  place.  Finally,  it 
Mas  H  caution  to  all  public  men  apainst  future 
attempts  to  povorn  presidential  elections  in  the 
House  of  l{ei)rcscntatives. 

It  is  no  part  of  the  object  of  this  "  Thirty 
Years'  View  "  to  dwell  upon  the  conduct  of  indi- 
viduals, except  as  showing  the  causes  and  the 
consequences  of  events  ;  and,  under  this  aspect, 
it  becomes  the  gravity  of  history  to  tell  that,  in 
these  two  struggles  for  the  election  of  President, 
those  who  struggled  against  the  democratic 
princii)le  lost  tlieir  places  on  the  political  theatre, 
— the  mere  voting  members  being  put  down  in 
their  States  and  districts,  and  the  eminent  actors 
for  ever  ostracised  from  the  high  object  of  their 
ambition.  A  subordinate  cause  may  have  had 
its  eflect,  and  unjustly,  in  prejudicing  the  public 
mind  against  Mr.  Adams  and  Mr.  Clay.  They 
had  been  political  adversaries,  had  co-operated  in 
the  election,  and  went  into  the  administration  to- 
gether. Mr.  Clay  received  the  office  of  Secretary 
of  State  from  Mr.  Adams,  and  this  gave  rise  to 
the  imputation  of  a  bargain  between  them. 

It  came  within  my  knowledge  (for  I  was  then 
mtimato  with  Jlr.  Clay),  long  before  the  elec- 
tion, and  probably  before  Mr.  Adams  knew  it 
himself,  that  Mr.  Clay  intended  to  support  him 
against  General  Jackson ;  and  for  the  reasons 
afterward  averred  in  his  public  speeches.  I  made 
this  known  when  occasions  required  roe  to  speak 
of  it,  and  in  the  presence  of  the  friends  of  the 
impugned  parties.  It  went  into  the  newspapers 
upon  the  information  of  these  friends,  and  Mr. 
Clay  made  me  acknowledgments  for  it  in  a  let- 
ter, of  which  this  is  the  exact  copy : 

'•  /  have  received  a  paper  published  on  the 
iiO/Zi,  ultiiuo,  at  Lemington,  in  Virginia,  in 
which  is  contained  an  article  stating  that  you 
had,  to  a  gentleman  of  tluit  place,  expressed 
your  disbelief  of  a  charge  injurious  to  me, 
touching  the  late  presidential  election,  and 
that  I  had  communicated  to  you  unequivocally, 
before  the  I5th  (^December,  1824,  viy  determi- 


nation to  rote  for  Mr.  Adantt  and  not  f,r 
(ieneral  Jackson.  Presuming  that  the  puhi,. 
ration  iras  with  your  authority,  /cannot  den, 
the  e.rpregsion  of  proper  acknowledgments  J,,, 
'he  sense  of  justice  which  has  prompted  you  i' 
render  this  voluntary  and  faithful  testimomj.' 
This  letter,  of  which  I  now  have  the  original 
was  dated  at  Washington  City,  December  Oih 
1827 — that  is  to  say,  in  the  very  heat  and  mid- 
die  of  the  canvass  in  which  Mr.  Adams  wv 
beaten  by  General  Jackson,  and  when  the  testi- 
mony could  be  of  most  service  to  him.  It  went 
the  rounds  of  the  papers,  and  was  quoted  ai>i 
relied  upon  in  debates  in  Congress,  greatly  to 
the  dissatisfaction  of  many  of  my  own  purtr. 
There  was  no  mistake  in  the  date,  or  the  fact. 
I  left  Washington  the  15th  of  December,  onij 
visit  to  my  father-in-law,  Colonel  James  JIcj 
Dowell,  of  Rockbridge  county,  Virginia,  when 
Mrs.  Benton  then  was ;  and  it  was  before  I  m 
Washington  that  I  learned  from  Mr.  Clay  liiu. 
self  that  his  intention  was  to  support  Mr. 
Adams.  I  told  this  ut  that  time  to  Colonel  Mi 
Dowell,  and  any  friends  that  chanced  to  be  pJ 
sent,  and  gave  it  to  the  public  in  a  letter  which  v, 
copied  into  many  new^spapcrs,  and  is  preseni^l 
in  Niles'  Register.  I  told  it  as  my  belief  to)i\\ 
Jefferson  on  Christmas  evening  of  the  sameyi 
when  returning  to  Washington  and  making  a 
on  that  illustrious  man  at  his  seat,  Monticello ; 
believing  then  that  Mr.  Adams  would  be  elcci 
and,  from  the  necessity  of  the  case,  would  hai 
to  make  up  a  mixed  cabinet,  I  expressed  t 
belief  to  Mr.  Jefferson,  using  the  terra,  familii 
in  English  history,  of  ^^  broad  bottomed  ;" 
asked  him  how  it  would  do?  lie  answctdl 
"  Not  at  all — would  never  succeed — would 
all  engaged  in  it."  Mr.  Clay  told  his  intenti 
to  others  of  his  friends  from  an  early  pcii 
but  as  they  remained  his  friends,  their  testim( 
was  but  little  heeded.  Even  my  own,  in 
violence  of  party,  and  from  my  relatioilship 
Mrs.  Clay,  seemed  to  have  but  little  effect, 
imputation  of  "bargain"  stuck,  and  doubtli 
had  an  influence  in  the  election.  In  fact, 
circumstances  of  the  whole  affair — previous 
tagonism  between  the  parties,  actual  support 
the  election,  and  acceptance  of  high  office, 
up  a  case  against  Messrs.  Adams  and  Clay  itl 
it  was  hardly  safe  for  public  men  to  create 
to  brave,  however  strong  in  their  own  conscK 
ness  of  integrity.    Still,  the  great  objectioD 


the  flection  of  Mr.  A 
of  the  principle  demot 
tion  which  it  raiser!  of 
to  choose  a  safe  Pre.« 
letter  which  I  wrote  i 
blissoiiri,  before  ho  ga 
ilr.  Adams,  and  whicl 
itcly  afterwards,  plac 
Ihin  high  ground;  an( 
\Mnly  fought,  and  wi 
irincipic,  and  should  i 
JmiAsion  of  an    unfo 

IIISC. 

This  presidential  elect 

inder  another  aspect 

le  practice  of  caucus  n< 

lency  by  members  of  C 

)nccntrating  public  op 

'  ns  the  eminent  mi 

fhom  public  opinion  aw 

jsing  away,  and  when 

•etensions,  were  comir 

'M  tried  several  times  a 

)probation,  public  sent 

wed,  and  not  led,  by  t 

impted  in  1824,  and  fa; 

iwford  only  attending. 

it  from  any  repugnance 

ivious  conduct  had  sho 

lown  that  Mr.  Crawfor 

ir  of  friends  in  Congresi 

'eive  the  nomination. 

fused  to  go  into  it :  all 

lucus  candidate,"  as  Mr 

united  in  painting  the 

|nof  these  caucus  nom 

ilj  of  members  of  Con{ 

theirjoint  efforts  they 

the  fact  though  not  in  th 

'"  Congress  caucus  n^ 

Fopic,  and  broke  ther 

>ppcd,  and  a  different  n 

'lie  oi)inion  was  adopted 

[ions  bj  conventions  ol 

ites.    This  worked  well 

ipcople  being  strictly  ob( 
I  the  majority  making  t 

uickly  degenerated,  and 
I  the  objections  to  Cong 
's,  and  many  others  be 
>gress  still  attended  then 
as  lobby  managers.  P 
Vol.  I.— 4 


ANNO  1825.    JAMFS  MONROE,  rHK.SIDKNT. 


49 


I  the  flection  of  Mr.  Adam.i  was  in  tho  Tiolntion  ^ 
Lf  the  principle  (temo.i  kraleo  ;  and  in  tho  ques-  i 
Ition  which  it  raisod  of  the  cni»acity  of  the  demos 
Ito  cliooso  a  ."afo  President  for  themselves,     A  i 
llttter  which  I  wrote  to  tho  representative  from  , 
|>Iissoari,  before  ho  gave  tlio  vote  of  tho  State  to 
Cilr.  Adams,  and  which  was  published  immcdi- ' 
itclj"  afterwards,  placed    the    objection    upon 
Ihiij  high  ground ;  and  upon  it  tho  battio  wa.s 
nainly  fought,  and  won.    It  was  a  victory  of 
principle,  and  should  not  be  disparaged  by  tho 
dminsion  of  an    unfounded    and  subordinate 
ause. 

This  presidential  election  of  1824  is  remarkable 
^ndcr  another  aspect — as  having  put  an  end  to 
ho  practice  of  caucus  nominations  for  tho  Presi- 
hcncy  by  members  of  Congress.  This  mode  of 
onccntrating  public  opinion  began  to  be  prac- 
kscd  OS  the  eminent  men  of  the  Revolution,  to 
Ihom  public  opinion  awarded  a  preference,  were 
ssing  away,  and  when  new  men,  of  more  equal 
iretensions,  were  coming  upon  the  stage.  It 
tus  tried  several  times  with  success  and  general 
nprobation,  public  sentiment  having  been  fol- 
kvred,  and  not  led,  by  the  caucus.  It  was  at- 
Impted  in  1824,  and  failed,  tho  friends  of  Mr. 
awford  only  attending — others  not  attending, 
|it  from  any  repugnance  to  tho  practice,  as  their 
•cvious  conduct  had  shown,  but  because  it  was 
town  that  Mr.  Crawford  had  the  largest  num- 
Ir  of  friends  in  Congress,  and  would  assuredly 
Iceive  the  nomination.  All  the  rest,  therefore, 
|fuscd  to  go  into  it :  all  joined  in  opposing  tho 
aucus  candidate,"  as  Mr,  Crawford  was  called ; 
I  united  in  painting  tho  intrigue  and  corrup- 
In  of  these  caucus  nominations,  and  the  ano- 
y\y  of  members  of  Congress  joining  in  them. 
'  their  joint  elforts  they  succeeded,  and  justly 
khe  fact  though  not  in  tho  motive,  in  rendering 
fse  Congress  caucus  nominations  odious  to 
!  people,  and  broke  them  down.  They  were 
bpped,  and  a  different  mode  of  concentrating 
pile  opinion  was  adopted — that  of  party  nomi- 
lions  by  conventions  of  delegates  from  the 
Ites.  This  worked  well  at  first,  the  will  of 
[people  bfiing  strictly  obeyed  by  the  delegates, 
the  majority  making  tho  nomination.  But 
luickly  degenerated,  and  became  obnoxious  to 
jthe  objections  to  Congress  caucus  nomina- 
Is,  and  many  others  besides.  Members  of 
ngress  still  attended  them,  either  as  delegates 
|as  lobby  managers.  Persons  attended  as 
Vol.  I.— 4 


delegates  who  had  no  constituency.  Delegntcrt 
attended  u|M)n  equiviyal  iipi)ointn)ents.  Double 
sets  of  clele^atcs  sometimes  came  from  the  State, 
and  cither  were  admitted  or  repulsed,  as  suited 
tho  views  of  the  majority.  Proxies  were  in- 
vented, ^lany  delof^atcs  attended  with  the  solo 
view  of  establishing  a  claim  for  office,  and  voted 
accordingly.  Tho  two-thiitls  rule  was  invent- 
ed, to  enable  tho  minority  to  control  the  ma- 
jority ;  and  tho  whole  procee<ling  became  anom- 
alous and  irrcsjionsiblo,  and  subversive  of  tho 
will  of  tho  people,  leaving  them  no  more  con- 
trol over  tho  nomination  than  tho  subjects  of 
kings  have  over  tho  birth  of  the  cliild  which 
is  born  to  rule  over  them.  King  Caucus  is  as 
potent  as  any  other  king  in  this  respect;  for 
whoever  gets  tho  nomination — no  matter  how 
effected — becomes  tho  candidate  of  tho  party, 
from  the  necessity  of  union  against  the  opposite 
party,  and  from  the  indisposition  of  the  great 
States  to  go  into  the  House  of  Representatives  to 
bo  balanced  by  the  small  ones.  This  is  the  mode 
of  making  Presideats,  practised  by  both  i)artics 
now.  It  is  the  virtual  election !  and  thus  the 
election  of  the  President  and  Vice-President  of 
tho  United  States  has  passed — not  only  from  the 
college  of  electors  to  which  the  constitution  con- 
fided it,  and  from  the  people  to  whom  tho  prno- 
tico  under  the  constitution  gave  it,  and  from  the 
House  of  Representatives  which  the  constitution 
provided  as  ultimate  arbiter— but  has  gone  to 
an  anomalous,  irresponsible  body,  unknown  to 
law  or  constitution,  unknown  to  tho  early  ages 
of  our  government,  and  of  which  a  large  propor- 
tion of  the  members  composing  it,  and  a  much 
larger  proportion  of  interlopers  attending  it, 
have  no  other  view  cither  in  attending  or  in  pro- 
moting the  nomination  of  any  particular  man. 
than  to  get  ono  elected  who  will  enable  them  to 
eat  out  of  tho  public  crib — who  will  give  them  a 
key  to  the  public  crib. 

The  evil  is  destructive  to  the  rights  and  sov- 
ereignty of  the  people,  and  to  the  purity  of  elec- 
tions. The  remedy  is  in  tho  application  of  tho 
democratic  principle — tho  people  to  vote  direct 
for  President  and  Vice-President ;  and  a  second 
election  to  be  held  immediately  between  the  two 
highest,  if  no  ono  has  a  majority  of  the  whole 
number  on  the  first  trial.  But  this  would  re- 
quire an  amendment  of  tho  constitution,  not  to 
be  effected  but  by  a  concurrence  of  two  thirds 
of  each  hou.se  of  Congress,  and  the  sanction  v/f 


50 


THIRTY  YEARS'  VIF.TV 


thrco  fourthn  of  tlio  States — a  consummntion  to 
which  the  strciiRth  of  the  peo])Ic  has  not  yet 
been  equal,  hut  of  which  there  is  no  reason  to 
desfiair.  The  great  parliamentary  reform  in 
Great  Britain  vrnn  only  carried  after  forty  years 
'of  continued,  annual,  persevering  exertion.  Our 
constitutional  refor.n,  iii  UiL?  point  of  the  presi- 
dential election,  may  require  but  a  few  years;  in 
the  meanwhile  I  am  for  the  jxjoplo  to  select,  as 
well  as  elect,  their  candidates,  and  for  a  reference 
to  the  House  to  choose  one  out  of  three  presented 
by  the  people,  instead  of  a  caucus  nomination  of 
whom  it  pleased.  The  I  louse  of  Representatives 
IS  no  longer  the  small  and  dangerous  electoral  col- 
lege that  it  once  was.  Instead  of  thirteen  States 
wo  now  have  thirty-one ;  instead  of  sixty-five 
representatives,  we  have  now  above  two  hundred. 
Responsibility  in  the  House  is  now  well  establish- 
ed, and  political  ruin,  and  personal  humiliation,  at- 
tend the  violation  of  the  will  of  the  State.  No 
man  could  be  elected  now,  or  endeavor  to  be 
elected  (after  the  c.xporicnco  of  1800  and  1824), 
who  is  not  at  the  head  of  the  list,  and  the  choice 
of  a  majority  of  the  Union.  The  lesson  of  those 
times  would  deter  imitation,  and  the  democratic 
principle  would  again  crush  all  that  were  instru- 
njental  in  thwarting  the  public  mil.  There  is 
no  longer  the  former  danger  from  the  House  of 
Representatives,  nor  any  thing  in  it  to  justify  a 
previous  resort  to  such  assemblages  ns  our  nar 
tioiial  conventions  have  got  to  be.  The  House 
Ls  legal  and  responsible,  which  the  convention  is 
not,  with  a  better  chance  forintegritj',  as  having 
been  actually  elected  by  the  people ;  and  more 
restrained  by  position,  by  public  opinion,  and  a 
clause  in  the  constitution  from  the  acceptJince  of 
office  from  the  man  they  elect.  It  is  the  consti- 
tutional umpire ;  and  until  the  constitution  is 
amended,  I  am  for  acting  upon  it  as  it  is. 


CHAPTER    XX. 

niE    OCCUrATION  OF  THE  COLUMBIA. 

Th«  subject  had  begun  to  make  a  lodgment 
in  the  public  mind,  and  I  brought  a  bill  into  the 
Senate  to  enable  the  President  to  possess  and  re- 
tain the  country.  The  joint  occupation  treaty 
of  1818  was  drawing  to  a  close,  and  it  was  my 


policy  to  terminate  such  occiipation,  and  iio|^ 
the  Columbia  (or  Oregon)  exclusively,  as  wo  ha,; 
the  admitted  right  to  do  while  the  question  o| 
title  was  depending.    The  British  had  no  tiilJ 
and  were  simply  working  for  a  division — forth) 
right  bank  of  the  river,  and  the  harbor  at  iti 
mouth — and  waiting  on  time  to  ripen  their  join; 
occupation  into  a  claim  for  half.  I  knew  this.  a« 
wished  to  tenninatc  a  joint  tenancy  which  coiilj 
only  be  injurious  to  ourselves  while  it  lasteii 
and  jeopard  our  rights  when  it  terminated.    Tti 
bill  which  I  brought  in  proposed  an  appropr» 
tion  to  enable  tlic  President  to  act  efflcicntirj 
with  a  detatchmcnt  of  the  army  and  navy; 
in  the  discussion  of  this  bill  the  whole  questioil 
of  title  and  of  policy  came  up ;  and,  in  a  rcplJ 
to  Mr.  Dickerson,  of  New  Jersey,  I  found  it 
be  my  duty  to  defend  both.    I  now  give  son 
extracts  from  that  reply,  as  a  careful  examii 
tion  of  the  British  pretension,  founded  upon 
own  exhibition  of  title,  and  showing  that 
had  none  south  of  forty-nine  degrees,  and  il 
we  were  only  giving  her  a  claim,  by  putting 
possession  on  an  equality  with  our  own.   Tiie 
extracts  will  show  the  history  of  the  case  mi 
then  stood — as  it  remained  invalidated  in  all  si\ 
sequent  discussion — and  according  to  which. 
after  twenty  years,  and  w  hen  the  question 
assumed  a  war  aspect,  it  was  finally  settle 
The  bill  did  not  pass,  but  received  an  encoui 
vote — fourteen  senators  TOting  favorably  to 
They  were : 

Messrs.  Barbour,  Benton,  Bouligny,  Col 
Hayne,  Jackson  (the   General),   Johnson 
Kentucky,  Johnston   of   Louisiana,  Lloyd 
Massachusetts,   Mills,  Noble,  Ruggles,  Tall 
Thomas. 

"  Mr.  Benton,  in  reply  to  Mr.  Dickerson,  gj 
that  he  had  not  intended  to  speak  to  this  1 
Always  unwilling  to  trespass  upon  the  timea 
patience  of  the  Senate,  he  was  partici^larljj 
at  this  moment,  when  the  session  was  drai 
to  a  close,  and  a  hundred  bills  upon  the  t 
were  each  demanding  attention.  The  occnJ 
tion  of  the  Columbia  River  was  a  subject  wf 
had  engaged  the  deliberations  of  Congress  i 
four  years  past,  and  the  minds  of  genticaj 
might  be  supposed  to  be  made  up  upon  it.  M 
ing  upon  this  belief,  Mr.  B.,  as  reporter  of  a 
bill,  had  limited  himself  to  the  duty  of  watJ 
ing  its  progress,  and  of  holding  himself  in  i 
ness  to  answer  any  inquiries  which  might  bcpj 
Inquiries  he  certainly  expected ;  but  a  gem 
assault,  at  this  late  stage  of  the  session,  d 
the  principle,  the  policy,  and  the  details  of  J 


jiil.  lad  not  Ix'cn  anti 

;af|.  however,  In'on  m 

,s'c\v  -Jersey   (Afr.  D. 

unftiitlifid  to  his  duty 

ii^ohartfing  this  duty, 

p'oing  over  the  gcntlei 

)hc  expen.se  of  gettin 

from  the  Oregon  to  the 

live  his  dilHculties  ahc 

iitc— whether  Cape  I 

lew  route  explored  ui 

loiintains  climbed,  whc 

ent  twelve  feet  of  defy 

[av.s  of  a  July  sun.    \ 

liculations  and  probler 

je  gentleman's  wit,  ani 

m  excellent  article  in  (l^ 

r  embellishing  an  ar| 

lie  want  of  one.    For  ^ 

le  senator  from  New 

nate  with  the  wit  in  ( 

r.  B.  to  say,  nor  shouj 

iirb  him  in  the  quiet  e 

rhich  he  had  won  there 

iR-ctly  to  speak  to  the 

"It  is  now,  Mr.  Pros; 

|r"cisely  two  and  twent' 

tr  the  Columbia  has  bee 

nited  States  and  Great 

■iginated  with  the  disco 

[he  moment  that  we  dis 

,  and  without  a  color  c 

IS  labored  ever  since  t 

•ts  of  negotiation,  or  to  I 

ivory  by  menaces  of  wa 

"In  the  year  1790,  a 

Mtes,  Capt.  Gray,  of  J 

)Iiimbia  at  its  entrance 

KW,  Lewis  and  Clarke  • 

tament  of  the  United  S 

scovery  of  the  whole 

iwnwards,  and  to  take 

|e  name  of  their  gover: 

lexander  McKenzie  had  I 

the  British  Governmei 

IJect ;  but  he  missed  th( 

■  upon  the  Tacoutche  i 

icilic  about  five  hundred 

month  of  the  Oolumbi 

In  1803,  the  United  Stat 

il  with  it  an  open  questi 

It  vast  province.     On  th 

ri'Ia  this  question  was 

King  of  Spain;  on  tl 

St,  with  the  King  of 

'pened  in  the  very  time 

vaty  in  Paris  for  the  acr 

it  we  were  signing  anoth 

|u.«tment  of  the  boundai 

•thwest  possessions  of  th 

King  of  Great  Britair 

ach  were  ignorant  of  v 

10 ;  and  m  remitting  the 

iit'jof  (he  United  States 

the  purchase  of  Louisian 


AX.VO  18-28.    JAMES  MONROE,  rRr>II)[:NT. 


51 


bill.  IimJ  no*  y^i'on  (inticipatcl.     Surh  an  assault 

iiiiil  however,  Vk'C'ii  made   hy  the  iwnator  from 

k',.\v  Jersey  (Mr.  I).),  and  Mr.  B.  would  Ix; 

L^fjjithfiil  to  Ins  duty  if  he  did  not  rt'j)el  it.     In 

Bischfirt^infr  this  duty,  lie  would  lose  no  time  in 

toiii"  >»Vcr  tiic  gentleman's  calculations  ahout 

Ihe  expense  of  gettinfr  a  member  of  Congress 

from  the  Oregon  to  the  Potomac ;  nor  would  he 

olve  his  dilHculties  about  the  shortest  and  best 

(,„tc— whether  Cape  Horn  should  be  doubled,  a 

L.W  route  explored  under  the  north  pole,  or 

nountiins  climbed,  whose  aspiring  summits  prc- 

Ljit  twelve  feet  of  defying  snow  to  the  burning 

avs  of  a  July  sun.    Air.  B.  looked  upon  these 

aiculations  and  problems  as  so  many  dashes  of 

he  pontleman's  wit,  and  admitted  that  wit  was 

In  excellent  article  in  debate,  equally  convenient 

or  embellishing  an  argument,  and  concealing 

bie  want  of  one.    For  which  of  these  purposes 

he  senator  from  New  Jersey  had  amused  the 

Icnntc  with  the  wit  in  question,  it  was  not  for 

Jr.  B.  to  say,  nor  should  he  undertake  to  dis- 

firb  him  in  the  quiet  enjoyment  of  the  honor 

Ihich  he  had  won  thereby,  and  would  proceed 

Irectly  to  speak  to  the  merits  of  the  bill. 

f  "  It  is  now,  Mr.  President,  continued  Mr.  B., 

lr"ci.sely  two  and  twenty  year^  since  a  contest 

\v  the  Columbia  has  been  going  on  between  the 

Initcd  States  and  Great  Britain.    The  contest 

Vidnatcd  with  the  discovery  of  the  river  itself. 

Ihe  moment  that  we  discovered  it  she  claimed 

I ;  and  without  a  color  of  title  in  her  hand,  she 

hs  labored  ever  since  to  overreach  us  in  the 

tts  of  negotiation,  or  to  bully  us  out  of  our  dis- 

Ivcry  by  menaces  of  war. 

['In  the  year  1790,  a  citizen  of  the  United 

latcs,  Capt.  Gray,  of  Boston,  discovered  the 

jolumbia  at  its  entrance  into  the  sea ;  and  in 

m\  Lewis  and  Clarke  were  sent  by  the  gov- 

Inment  of  the  United  States  to  complete  the 

jscovcry  of  the  whole  river,  from  its  source 

bwnwards,  and  to  take  formal  possession  in 

Ic  name  of  their  government.     In  1793  Sir 

Bexander  McKenzie  had  been  sent  from  Canada 

■  the  British  Government  to  effect  the  same 

Iject ;  but  he  missed  the  sources  of  the  river, 

I  upon  the  Tacoutche  Tesse,  and  struck  the 

lieilic  about  five  hundred  miles  to  the  north  of 

1  month  of  the  Golumbia. 

I  In  1803,  the  United  States  acquired  T^uisiana, 

bl  with  it  an  open  question  of  boundaries  for 

lit  vast  province.     On  the  side  of  Mexico  and 

prida  this  question  was  to  be  settled  with 

King  of  Spain;  on  the  north  and  north- 

Ist,  with  the  King  of    Great  Britain.       It 

pprned  in  the  very  time  that  we  were  signing 

laty  in  Paris  for  the  acquisition  of  Louisiana, 

kt  we  were  signing  another  in  London  for  the 

luptment  of  the  boundary  lino  between  the 

fthwest  possessions  of  the  United  States  and 

King  of  Great  Britain.     The  negotiators 

each  were  ignorant  of  what  the  others  had 

\iv ;  and  (m  remitting  the  two  treaties  to  the 

lato  of  the  United  States  for  ratification,  that 

I  the  purchase  of  Louisiana  was  ratified  with- 


out restriction  ;  the  otlicr.  with  the  exception  of 
the  fifth  article.  It  wa^^  this  article  which  iid- 
ju8te<l  the  l)oundar>'  line  between  the  I'niteil 
Slates  anil  (rieat  Uritaiu,  from  the  Lake  of  the 
Woods  to  the  head  of  the  .M i>sissippi ;  nn<l  the 
Senate  refused  to  ratify  it.  beeatisc,  liy  iv)ssibili- 
ty,  it  might  jeoiinnl  the  northern  bouiularv  of 
Louisiana.  The  treaty  was  sent  back  to  London, 
the  fifth  article  expunged;  and  the  British  (!ov- 
eminent,  acting  then  as  njion  a  late  occ!usio:i. 
rejected  the  whole  treaty,  when  it  failed  in  se- 
curing the  precise  advantage  of  which  it  was 
in  search. 

"In  the  year  1807,  another  treaty  was  negoti- 
ated between  the  United  States  and  Great  Bri- 
tain. The  negotiators  on  both  sides  were  then 
possessed  of  the  fact  that  Louisiana  belongetl  to 
the  United  States,  and  that  her  boundaries  to 
the  north  and  west  were  undefined.  The  settle- 
ment of  this  boundary  was  a  point  in  the  nego- 
tiat'on,  and  continued  eflbrts  were  made  by  the 
British  plenipotentiaries  to  overreach  the  Ame- 
ricans, with  respect  to  the  country  west  of  the 
Rocky  Mountains.  AVithout  presenting  any 
claim,  they  endeavored  to  '  leave  a  nest  eyir  fur 
future  pretensions  in  that  quarter,''  {iSiahi 
Papers,  1822-3.)  Finally,  an  article  was  apreid 
to.  The  forty-ninth  degree  of  north  latitude 
was  to  be  followed  west,  as  far  as  the  territories 
of  the  two  countries  extended  in  that  direction, 
with  a  proviso  against  its  application  to  the 
country  west  of  the  Rockj'  Motmtains.  This 
treaty  shared  the  fate  of  that  of  1803.  It  was 
never  ratified.  For  causes  unconnected  with  the 
questions  of  boundary,  it  was  rejected  by  Jlr. . 
Jefferson  without  a  reference  to  the  Senate. 

"At  Ghent,  in  1814,  the  attempts  of  1803  and 
1807  were  renewed.  The  British  plenipotentia- 
ries oflered  articles  upon  the  subject  of  the  boun- 
dary, and  of  the  northwest  coast,  of  the  same 
character  with  those  previously  offered ;  but  no- 
thing could  be  agreed  upon,  and  nothing  upon 
the  subject  was  inserted  in  the  treaty  signed  at 
that  place. 

"At  London,  in  1818,  the  negotiations  upon 
this  point  were  renewed ;  and  the  British  Gov- 
ernment, for  the  first  time,  uncovered  the  ground 
upon  which  its  pretensions  rested.  I  ts  plenipo- 
tentiaries, Mr.  Kobinson  and  Mr.  Goulbourn, 
asserted  (to  give  them  the  benefit  of  their  own 
words,  as  reported  by  Messrs.  Gallatin  and  Rush) 
'That  former  voyages,  and  principally  that  of 
Captain  Cook,  gave  to  Great  Britain  the  rights 
derived  from  discovery ;  and  they  alluded  to  pur- 
chases from  the  natives  south  of  the  river  Co- 
lumbia, which  they  alleged  to  have  been  made 
prior  to  the  American  Revolution.  They  did 
not  make  any  formal  proposition  for  a  boundary, 
but  intimated  that  the  river  itself  was  the  most 
convenient  that  could  be  adojited,  and  that  they 
would  not  agree  to  any  which  did  not  give  them 
the  harbor  at  the  mouth  of  the  r<fe/' in  common 
with  the  United  States.' — Letter  from  Messrs, 
Gallatin  and  Rush,  October  20th.  1820. 

To  this  the  American  plenipotentiaries  an- 


02 


THIRTY  YEAltS'  VIKW. 


BWi'rcd,  in  a  wiiy  IwltiT  calculntwl  to  ciuwirapc 
tlinn  to  n'|(ulst!  tlio  pnmndksH  pretensions  of 
Croat  Hritain.  'We  did  not  aswrt  (continue 
tliese  >rentlctnen  in  the  same  letter),  we  did  not 
n-isert  that  the  United  States  had  a  perfert  rifjht 
to  tiiat  country.  Imt  insisted  that  tiieir  claim  was 
nt  least  frood  a;:ainst  ( <  ivat  iJritain.  We  did  not 
know  with  precision  what  value  our  povcrn- 
irient  set  on  the  country  to  the  westwanl  of  these 
mountains  ;  but  we  were  not  authorized  to  enter 
into  any  agreement  which  should  l>e  tantamount 
to  an  !iltan<]oninent  of  the  claim  to  it.  U  wn 
lit  last  agreed.  Imt,  as  we  thoiipht,  with  someu- 
liirtfiiirc  on  the  part  of  the  Hiilish  plcnipoter; 
tiaries,  that  the  country  on  the  northwest  coa.st, 
clainied  hy  either  party,  should,  without  preju- 
dice to  the  claims  of  either,  and  for  a  limited 
time,  l)e  opened  for  the  purpo.ses  of  trade  to  the 
inhabitants  of  both  countries.' 

••  'J'hc  substance  of  this  agreement  was  inserted 
in  the  convention  of  October,  1818.  It  con- 
stitutes the  third  article  of  that  treaty,  and  is 
the  same  upon  which  the  senator  from  New 
Jersey  (Mr.  Dickerson)  relies  for  excluding; 
the  United  States  from  the  occupation  of  the 
Columbia. 

"  In  subsequent  negotiations,  the  British  agents 
further  rested  their  claim  upon  the  discoveries 
of  McKonzie,  in  1793,  the  seizure  of  Astoria  du- 
ring the  late  war.  and  theNootka  Sound  Treaty, 
of  1790. 

'•  Such  an  cxlnl)ition  of  title,  said  Mr.  B.,  is 
riiiiculous,  and  would  be  contemptible  in  the 
hands  of  any  other  power  than  that  of  Great 
Britain.  Of  the  live  grounds  of  claim  which 
slie  has  set  up,  not  one  of  them  is  tenable  against 
the  slightest  examination.  Cook  never  saw, 
much  less  took  possession  of  any  part  of  the 
northwest  coast  of  America,  in  the  latitude  of 
the  Columbia  River.  All  his  discoveries  were 
far  north  of  that  point,  and  not  one  of  them  was 
followed  np  by  possession,  withou*  which  the 
fact  of  discovery  would  confer  no  title.  The 
Indians  were  not  even  named  from  whom  the 
purchases  are  stated  to  have  been  made  anterior 
to  the  Revolutionary  War.  Not  a  single  parti- 
cular is  given  which  could  identify  a  transaction 
of  the  kind.  The  only  circumstance  mentioned 
applies  to  the  locality  of  the  Indians  supposed 
to  have  made  the  sale ;  and  that  circumstance 
invalidates  the  whole  claim.  They  are  said  to 
have  resided  to  the  '  soutlC  of  the  Columbia ; 
by  consequence  they  did  not  reside  upon  it,  and 
could  have  no  right  to  sell  a  country  of  which 
they  were  not  the  possessors. 

"  McKenzie  was  sent  out  from  Canada,  in  the 
year  1793,  to  discover,  at  its  head,  the  river 
which  Captain  Gray  had  discovered  at  its  mouth, 
three  years  before.  But  McKenzie  missed  the 
objcxjt  of  his  search,  and  struck  the  Pacitic  five 
hundred  miles  to  the  north,  as  I  have  already 
stated.  The  seizure  of  Astoria,  during  the  war, 
was  an  operation  of  arms,  conferring  no  moi-e 
title  upon  Great  Britain  to  the  Columbia,  than 
the  capture  of  Castiue  and  Detroit  gave  her  to 


Maine  and  Michigan.     This  new  pound  ofcii^l 
I  was  set  uj)  by  Mr.  Bagot,  his  Britannic  MujcstTi 
;  minister  to  this  i-epublic,   in   1817,  and  wi  oil 
in  a  way  to  contradict  and  relinquish  all  thuj 
other  pretended  titles.    Mr.  Bagot  was  n-inojl 
j  strating  against  the  occupation,  by  the  Uniit{| 
j  States,  of  the  Columbia  River,  and  recitin'r  \\A 
it  had  been  taken  possession  of.  in  his  Majmivf 
name, during  the  late  war,  '  and  had  »in(k(4i| 
oNsiDKRKi)  informing  a  part  o/hia  Majemiim 
dominioun.    The  word  ''since?  is  exclusive V| 
aii  previous  pretension,  and  the  Ghent  Trcair 
w'  jh  stijjulatcs  for  the  restoration  of  all  J 
captured  posts,  is  a  complete  extinguisher  to  tl 
idle  pretension.    Finally,  the  British  negotiatoi 
have  been  driven  to  take  shelter  under  the  X 
ka  Sound  Treaty  of  1790.     The  character  t(| 
that  treaty  was  well  understood  at  the  time  tl 
it  was  made,  and  its  terms  will  speak  for  tin 
selves  at  the  present  day.    It  was  a  treaty 
concession,  and  not  of  a(;quisition  of  righti 
the  part  of  Great  Britain.     It  was  so  charocu 
ized  by  the  opposition,  and  so  admitted  to  be 
the  mmistry,  at  the  time  of  its  communicatioa 
the  British  Parliament. 

[Here  Mr.  B.  read  pas.sages  from  the  spceol 
of  Mr.  Fox  and  Mr.  Pitt,  to  prove  the  chara 
of  this  Treaty.] 

"Mr.  Fox  said,  'What,  then,  was  thecxti 
of  our  rights  betore  the  convention — (\,hei 
admitted  or  denied  by  Spain  was  of  no  coi 
qucnce) — and  to  what  extent  were  they 
secured  to  us  ?     We  possessed  and  exercised 
free  navigation  of  the  Pacitic  Ocean,  without 
straint  or  limitation.    We  porscssed  and  e: 
cised  the  right  of  carrying  on  fisheries  in 
South  Seaa  equally  unlimited.     This  was 
barren  right,  but  a  right  of  which  we  had  ai 
ed  ourselves,  as  appeared  by  the  papers  on 
table,  which  showed  that  tiie  produce  of  it 
increased,  in  five  years,  from  twelve  to  nini 
seven  thousand  pounds  sterling.    This  estat« 
had,  and  were  daily  improving ;  it  was  not  to 
disgraced  by  the  name  of  an  acquisition.    Th: 
mission  of  part  of  these  rights  by  Spain,  was  all 
had  obtained.    Our  right,  before,  was  to  settlii 
any  part  of  the  South  or  Northwest  Coast 
America,  not  fortified  against  us  by  prc\i 
occupancy  j  and  we  svere  now  restricted  to 
in  certain  places  only,  and  under  certain  rest 
tions.     This  was  an  important  concession  on 
part.      Our  rights  of  tishing  extended  to 
whole  ocean,  ar  J  now  it,  too,  was  limited,  id 
bo  carried  on  within  certain  distances  of 
Spanish  settlements.    Our  right  of  making 
tlements  was  not,  as  now,  a  right  to  build  lii 
but  to  plant  colonies,  if  we  thought  pn 
Surely  these  were  not  acquisitions,  or  ral 
conquests,  as  they  must  be  considered,  if 
were  to  judge  by  the  triumphant  language 
spccting  theui,  but  grea*'  and  important  coi 
sions.     By  the  tliird  article,  we  are  «utlioi 
to  navigate  the  Pacific  Ocean  and  ^utli 
unmolested,  for  the  purpose  of  carrying  oi 
fisheries,  and  to  land  ou  the  unsettled  coastS|| 


the  purpose  of  tr««lii 

(aftei'  this  pompous  ro 

ration,  fishery,  and  > 

irtide,  the  sixth,  whic 

landing,  and  erecting 

iny  purpose  but  that  < 

ind  amounts  to  a  cc 

ijrlit  to  settle  in  anj 

imracrcc  with  the  x\i 

inenliiri/  History.  Vol. 

".Mr."  Pitt,  in  reply, 

lart  of  Mr.  Fox's  spe© 

viwration,  Mr.  Pitt  pn 

laincly,  that  gcntlenw 

that  the  other  articles 

ncre  concessions,  and  i 

;irer  to  this,  Mr.  Pitt 

hat  this  country  har' 

ic«'  rights,  it  certainly 

IV'e  had,  before,  a  right 

";hory,  and  a  right  to 

isheries  in  the  Pacific 

Ihe  coasts  of  any  part  > 

mt  that  right  not  only 

edged,  but  disputed  an- 

he  convention,  it  was  sc 

tance  which,  though  nc 

ivantage.'— .Saj?ie— p.  ; 

'•But,  continued  Mr. 

ikc  the  characljr  of  th 

foh  authority  of  tiiese  ri 

[h  Parliament.     The  tre 

have  it  in  my  hand,  anc 

!lied  upon  to  sustain  tJi 

folumbia  River. 

'AKTICLE  TUinO  OF 

TIJKA' 
'In  order  to  strengthi 
ip,  and  to  preserve,  in 
iny  and  good  understau 
ntrncting  parties,  it  is 
icctive   subjects    shall 
•lesled,    either    in    na' 
their  fisheries   in  th( 
South  Seas,  or  in  la 
lose  seas  in  places  not  ah 
rposo  of  carrying  on  th< 
fives  of  the  country,  or 
■jre;  the  whole  subject, 
trictions  and  provisions 
lowing  articles.' 
"The  particular  clause 
n  by  the  advocates  foi 
t  which  gives  the  right 
the  Northwest  Coast,  i 
the  purpose  of  carryii 
iking  settlements.    The 
km  this  clause  is,  whcth 
itude  cf  the  Columbia  R 
the  date  of  the  Nootka  S 
Wcr  IS  in  the  affirmat 
ther  the  English  Jauded 
as  so  unoccupied  ?      T 
■five ;  and  this  answer  r 
ision  of  British  claim  foun 


R 


AXXO  1825.     JAMES  MONKOK,  PRESIDENT. 


53 


Ithe  purpose  of  tradinp;  with  the  nativtfi;  but, 

Lfler  this  pompous  rccopnition  of  rifrht  to  navi- 

Ljtion,  fishery,  ami   coiniucrco,  comes  anotliur 

brtiiK',  the  sixth,  which  takes  away  ti<e  ripht  of 

BandiniT.  and  ercctinp:  even  temporary  huts,  for 

mv  purpose  but  that  of  carrjinp  on  the  fishery, 

jnd  amounts  to  a  complete  dereliction  of  all 

lifftit  to  seitio  in  any  way  lor  the  purpose  of 

toinraerce  with  the  natives.' — Hritisk  Paitia- 

miiirii  History,  Vol.  28,  p.  91)0. 

•'Mr.  I'itt.  in  reply.     'Having  finished  that 

art  of  Mr.  Fox's  sjiccch  which  rcR-rrcd  to  the 

ii])«ration,  Mr.  Pitt  proceeded  to  the  next  point, 

tiainely,  that  gentleman's  argument  to  prove, 

Ihiit  tlic  other  articles  of  the  convention  were 

here  concessions,  and  not  acquisitions.    In  an- 

fcircr  to  this,  Mr.  Pitt  maintained,  that,  though 

irliat  this  country  haf'  lained  consisted  not  of 

Lew  rights,  it  certainly  did  of  new  advantages. 

IV'c  had,  before,  a  right  to  the  Southern  whale 

pshcry,  and  a  right  to  navigate  and  carry  on 

Jsheries  in  the  Pacific  Ocean,  and  to  trade  on 

llie  coasts  of  any  part  of  Northwest  America ; 

}ut  tliat  right  not  only  had  not  been  acknow- 

;(lgcd,  but  disputed  and  resisted :  whereas,  by 

liie  convention,  it  was  secured  to  us — a  circum- 

Itsnce  which,  though  no  new  right,  was  a  n?w 

dvantage.' — Same — p.  1002. 

•But,  continued  Mr.  Benton,  we  need  not 
jiiie  the  chaructjr  of  the  treaty  even  from  the 
l^h  authority  of  tliese  rival  leaders  in  the  Brit- 
Ih  Parliament.  The  treaty  will  speak  for  itself, 
[have  it  in  my  hand,  and  will  read  the  article 
Itlicd  upon  to  sustain  the  British  claim  to  the 
lolumbia  River. 

"'ARTICLE  TUinD  OF  THE  NOOTKA  BOUND 
TUEATY. 

I  '"In  order  to  strengthen  the  bonds  of  friend- 
tip,  and  to  preserve,  in  future,  a  perfect  bar- 
ony and  good  understanding  between  the  two 
kutiacting  parties,  it  is  agreed  that  their  re- 
fective  subjects  shall  not  be  disturbed  or 
olested,  either  in  navigating  or  carrying 
their  fisheries  in  the  Pacific  Ocean,  or  in 
le  South  Seas,  or  in  landing  on  the  coasts  of 
lose  seas  in  places  not  already  occupied,  for  the 
prpose  of  carrying  on  their  commerce  with  the 
wives  of  the  country,  or  of  making  settlements 
ere ;  the  whole  subject,  nevertheless,  to  the 
ktrictions  and  provisions  specified  in  the  three 
Jjowing  articles.' 

I*  The  particular  clause  of  this  article,  relied 

on  by  the  advocates  for  the  British  claim,  is 

kt  which  gives  the  right  of  landing  on  parts 

[the  Northwest  Coast,  not  already  occupied. 

tlio  purpose  of  carrying  on  commerce  and 

^king  settlements.    The  first  inquiry  arising 

on  this  clause  is,  whether  the  coast,  in  the 

jitude  of  the  Columbia  River,  was  unoccupied 

jthe  date  of  the  Nootka  Sound  Treaty  ?    The 

pwer  is  in  the  affirmative.    The  secopd  is, 

fither  the  English  lauded  upon  this  coast  while 

«ras  so  unoccupied?      The  answer  is  in  the 

ative ;  and  this  answer  puts  an  end  to  all  pre- 

«ion  of  British  claim  founded  upon  this  treaty, 


without  leaving  us  under  the  n«vessitv  of  n'<'iir. 
ring  to  the  fwt  tliat  the  iwrmisMion  t«i  tuud.  ami 
to  tnake  srtltfiin  ills,  so  far  from  (-onteiiipialni^ 
an  a<'fiuisitiou  of  territory.  wa.s  iiiuitcii  liv  sidoi  - 
queut  restrictions,  to  liie  ereelioii  of  tenijioniry 
huts  for  the  personal  acconunodation  of  lislur- 
nieii  an<l  traders  only. 

'•Mr.  B.  adverted  to  the  inconsistency,  on  the 
part  of  Great  Britain,  of  following  the  Wlh  par- 
allel to  the  Rocky  Mountitiiis,  and  refiisin;:  to 
follow  it  any  further.  He  allirmed  that  the 
principle  whii-h  would  make  that  parallel  a 
boundary  to  the  top  of  the  mountain,  would 
carry  it  out  to  the  Pacific  Ocean.  He  proved 
this  assertion  by  recurring  to  the  origin  of  thnt 
line.  It  grew  out  of  the  treaty  of  Utrecht,  that 
treaty  which,  in  1704,  put  an  end  to  the  wars  of 
Queen  Anne  and  I^ouis  the  XlVth  and  fixed  the 
boundaries  of  their  respective  dominions  in 
North  America.  The  tenth  article  of  that  tre.ity 
was  applicable  to  Louisiana  and  to  Canada.  It 
provided  that  commissioners  should  be  appoint- 
ed by  the  two  powers  to  adjust  the  boundary 
between  them.  The  commissioners  were  ap- 
pointed, and  did  fix  it.  The  jianillel  of  40  de- 
grees was  fixed  upon  as  the  common  boundary 
from  the  Lake  of  the  Woods,  "  indejiniteh/  to 
the  H'est."  This  boundary  was  acquiesced  in 
for  a  hundred  years.  By  proposing  to  follow  it 
to  the  Rocky  Mountains,  the  British  (iovern- 
ment  admits  its  validity :  by  refusing  to  follow 
it  out,  they  become  obnoxious  to  the  charge  of 
inconsistency,  and  betray  a  determination  to  en- 
croach upon  the  territory  of  the  United  States, 
for  the  undisguised  purpose  of  selfish  aggran- 
dizement. 

"  The  iruth  is,  Mr.  President,  continued  Mr. 
B.,  Great  Britain  has  no  color  of  title  to  tl  ; 
ceuntry  in  question.  She  sets  up  none.  There 
is  not  a  paper  upon  the  face  of  the  earth  in 
which  a  British  minister  has  stated  a  claim.  £ 
speak  of  the  king's  ministers,  and  not  of  the 
agents  employed  by  them.  The  claims  we 
have  been  examining  arc  thiown  out  in  the  con- 
versations and  notes  of  diplomatic  agents.  No 
English  minister  has  ever  put  his  name  to  them, 
and  no  one  will  ever  risk  his  character  as  a 
statesman  by  venturing  to  do  so.  The  claim  of 
Grea*^  Britain  is  nothing  but  a  naked  pretension, 
founded  on  the  double  prospect  of  benefiting 
herself  and  injuring  the  United  States,  The  fur 
trader.  Sir  Alexander  McKeuzie,  is  at  the  bottom 
of  this  policy.  Failing  in  his  attempt  to  explore 
the  Columbia  Fiver,  in  1793,  ho,  nevertheless, 
urged  upon  the  British  Government  the  advan- 
tages of  taking  it  to  herself,  and  of  expelling  the 
Americans  from  the  whole  region  west  of  the 
Rocky  Mountains.  The  advice  accorded  too 
we'i  with  the  passions  and  policy  of  that  govern- 
ment, to  be  disregarded.  It  is  a  government 
which  has  lost  no  opportunity,  since  the  peace 
of  '83,  of  aggrandizing  itself  at  the  expense  of  the 
United  States.  It  is  a  government  which  listens 
to  the  suggestions  of  its  experienced  subjects, 
and  thus  an  individual,  in  the  humble  station  of 


I;,;  . 


54 


THIUn'  YE/RS'  VIEW. 


a  liir  tra<lor,  liiw»  jKHiiU'd  out  tlic  |)oliry  which 
fill-,  been  |misiic<l  ))}•  I'vt-iy  .Miiiisti-r  «f  (ireiit 
J*ri;  (in.  t'roin  I'itt  in  Ciiniiiii^.  im  '  for  the  iiiain- 
lcii;iiiro  of  which  a  wiir  is  now  iiu'iiufc'il. 

'•  For  a  iHiiiiidarv  li»u  Ix'tweeii  the  I'nittfl 
Stales  iiiid  (Jnat  niitain,  west  of  Ihi!  .Mississippi, 
McKi'iizif  pio|H)S(S  Ihf  latinidc  nf  4.')  <'  'j;rces,  Ijc- 
(  msf  that  latitiido  is  necessary  to  jrivc  the  C'o- 
iiiinhia  liiverto  (Jreat  Hritain.  His  words  are: 
■  Let  thf  hii"  hef,'iii  where  it  may  on  the  Mis.si.s- 
sippi,  it  must  hv  contiinied  west,  till  it  tcs  ni- 
iiiites  in  tile  racilic  Ocean,  to  the  south  nj  ;he 
Ciiliimhln.'' 

'•  .Mr,  ll.  said  it  was  cnrioii.s  to  observo  with 
what  'Joseness  every  stipge^tion  of  McKenzio 
h;ici  been  tbllowed  up  by  the  British  Oovem- 
Jiieiit.  lie  reco: mil'. nded  that  the  Hudson  Bay 
and  Northwest  i  -mp.iny  should  be  united;  and 
tl\ey  have  Iwen  iiniti'd.  '  He  propo.scd  to  extend 
the'  fur  trade  o;  Ciinula  to  the  shore  oi  the  Pa- 
cilic  Ocean;  and  t;  ' r.s  been  so  extended.  He 
proposed  th.i:  a  -haiu  ef  tradin:.:  ]K)';r!f!ho'ildl"- 
furmed  tln-ouf:;h  tue  couiiiieut,  i'y>r'.  sea  to  .sea; 
and  it  luis  been  forme<l.  lie  rec  ,  >i'.'nd'il  that 
no  boundary  line  -hould  be  ufjn  •  i  njiop  'vitii 
the  I'nited  .States,  wtii<'ii  did  not  giw  rho  •.''.>- 
lumbia  Biier  to  the  British;  and  i.'i  '!'iii.>h 
ministry  declare  that  none  other  shit!!  b  ■  ,  >■  nvd. 
lie  ))ro]K)sed  i"  obtani  th'i  cointoand  i»^  the  I'lir 
trade  from  latitulo  -15  degt.'os  north  ;  smd  they 
liave  it  even  to  liie  .Mandau  villa'j^es.  and  the 
n  'ifrhborhood  of  tlie  (Jo\mcil  Biutls.  Jforecom- 
ii;  aded  tli^-  e.xpulsion  of  American  traders  from 
tliL'  whole  rej^ion  west  of  !i,e  Rocky  Mountains, 
and  (jiey  are  expelled  from  it.  He  proposed  to 
comnir.!  i  the  commerce  of  th.;  Pacific  Ocean; 
and  it  wiil  be  conuiianded  the  moment  a  British 
lleet  take.',  j. option  in  the  mouth  of  the  Colum- 
l.'ia.  Besides  llicse  specified  advantages,  McKen- 
zio alludes  to  .tJier  'political  considerations' 
which  it  was  m  '  necessary  for  him  to  particu- 
larize. Doubtless  it  was  not.  They  were  suf- 
liciently  understood.  They  are  the  same  which 
induced  the  retention  of  the  northwestern  posts, 
in  violation  of  the  treaty  of  1783;  the  .same 
which  inuj.ocd  the  acquisition  of  Gibraltar, 
Malta,  the  Cajw  of  Good  Hope,  the  Islands  of 
Ceylon  and  Madagascar ;  the  same  which  makes 
Great  Britain  covet  the  possession  of  every  com- 
manding position  in  the  four  quarters  of  the 
globe." 

I  do  not  argue  the  question  of  title  on  the 
part  of  the  United  States,  but  only  state  it  as 
founded  upon — 1.  Discovery  of  the  Columbia 
Bivcr  by  Capt.  Gray,  in  1700 ;  2.  Purchase  of 
Louisiana  in  1803  ;  3.  Discovery  of  the  Colum- 
bia from  its  head  to  its  mouth,  by  Lewis  and 
Clarke,  in  1803 ;  4.  Settlement  of  Astoria,  in 
1811;  5.  Treaty  with  Spain,  1819;  C.  Contigu- 
ity and  continuity  of  settlement  and  possession. 
Nor  do  I  argue  the  question  of  the  advantages 
of  retaining  the  Columbia,  and  refusing  to  di- 


vi  !<•  or  alienate  our  territory  u|)on  It.     1  nitrrh 
stalo  them,  and  leave  their  value  to  result  frorj 
th')  "numeration.      1.    To  keep  out  a  foiti-, 
iwwer;  2.  To  j;ain  a  seaport  with  a  military  ar,| 
naval  sto'vion,  on  the  coast  of  the  Pacilif  ;   !,  ; 
save  the  fur  trade  in  that  rcfjion,  and  '"rev 
o.i,-  Indians  from  being  tampered  with  by  B;i' 
tru'iers;  4.  To  open  a  communicatioij  for  c 
mtnial  purjio.ses  between  the  Mi.ssiR-ippi  ?., 
the  I'acific;  .">.  To  seivl  the  h^hts  of  sc;  ?jci.  a; 
of  niij'ion  into  o  item  Asia. 


CiIAPT^:Tl    XXL 

commk:'cj-mest  ok  mr.  ad.«:;?ss  VOMIUISr 

TlON. 

Ov  (ho  4th  of  March  he  delivered  his  inaugurj 
adlress,  and  took  the  oath  of  office.      That  aJ-l 
til  ess — the  main  feature  of  the  inatjguration  oil 
e  ery  President,  as  giving  the  outline  of  the  f«l 
licy  of   his  admimstration — furnisiied  a  tofJ 
against  Mr.  Adams,  and  went  to  the  rcconstrucl 
tion  of  parties  on  the  old  line  of  strict,  or  latitiif 
dinous,  construction  of  the  constitution.    It  vd 
the  topic  of  internal  national  improvement  h\ 
the  federal  government.    The  address  <xtolleii| 
the  value  of  such  works,  considered  the  constititl 
tional  objection  as  yielding  to  the  force  of  arp-l 
ment,  expressed  the  hope  that  every  specnlatirj 
(constitutional)  scruple  would  be  solved  inil 
practical  blessing ;  and  declared  the  belief  tk| 
in  the  execution  of  such  works  posterity  wou 
derive  a  fervent  gratitude  to  the  founders  of  oi 
Union,  and  most  deeply  feel  and  acknowIcdJ 
the  beneficent  action  of  our  government.   Tin 
declaration  of  principles  which  would  give  i 
much  power  to  the  government,  and  the  dangd 
of  which  had  just  been  so  fully  set  forth  bj  .Mij 
Monroe  in  his  veto  message  on  the  Cumberla 
road  bill,  alarmed  the  old  republicans,  and  gavej 
new  ground  of  opposition  to  Mr.  Adams's  adii 
tration,  in  addition  to  the  strong  one  growing  < 
of  the  election  in  the  House  of  Rcpresentatin 
in  which  the  fundamental  prmciple  of  reprcse 
tative  government  had  been  disregarded.   Tli| 
new  ground  of  opposition  was  greatly  strenf 
ened  at  the  delivery  of  the  first  annual  messa>i| 
in  which  the  toi)ic  of  internal  improvement 
again  largely  enforced,  other  subjects  recoaj 


iiuniieil  which  wouli 
riii.-iriictive  jwwers,  a 
the  I'resident  had  ac 
llhe  .American  States 
•iiini-tcrs  to  their  pi 
l.'liiiiis  of  Panama. 
11:01..  I.  It  be.:-  ijuing  thj 
j»as  ;■>  have  ;i  'ettled  t 
I  that  ibundc  ;  ia  princ; 
,u:  ;int!).!.;.v  4ndei 
hi''ili.<crin)i:i,i.f.;i  part 
(if  the  federal  govern: 
Lciiool— survivors  of  i 
land  Jeflerson  timeu,  wit 
jiil  ncc. nl.'.  gly—  ho  fe 
LU'aMs,  iV'.e  republican: 
jini--!  of  li'io  younger  gei 
.  ',0  S'enato  a  decid 
liiiii,  coinpreiituding  (ni 
iicii  afterwards  become 
S'orth  Carolina,  Mr.  Ti 
'an  Buren  of  New-1 
<in;th  of  Jlaryland,  Mr. 
roliiia  (the  long-continu 
if  the  Senate),  Dickersoi 
lor  Edward  Lloyd  of  M. 
lucky,  and  Findlay  of 
iloiise  of  Representative 
linority  opposed  to  the  i 
be  increased  at  the  fir 
lajority :  so  that  no  Prci 
icnccd  his  administratior 
Ible  auspices,  or  with  les! 
|lar  career. 

The  cabinet  was  compo 
[ienccd  men— Mr.  Clay,  S 
lichard  Rush,  of  Pennsyl 
'reasury,  recalled  from  tl 
lat  purpose ;  Mr.  James 
iretaryatWar;  Mr.  Sj 
few  Jersey,  Secretary  of 
lonroe,  continued  in  that 
[r.  John  McLean,  of  Ohio 
id  of  Mr.  Wirt,  Attorney 
•ing  the  same  places  re 
[onroo,  and  continued  by 
ace  of  Secretary  of  the  ' 
Mr.  Adams  to  Mr.  W 
id  declined  by  him— an  ol 
commemorated  to  show 
personal  feeling  betwoe; 


■f 


ANNO  1825.    JOHN  QL'INCA'  ADAMS,  I'ltF.slDENl'. 


05 


:i  '.I'ttled  and  strong  opposition,  and 
ia  principles  of  government — the 


« ,,u 


I  i.ien'li"l  which  would  require  a  liberal  use  of 
rm.'»iriiitive  fwwers,  and  Congress inforrae<l  that 
tlic  rrtsident  had  accepted  an  invitation  from 
ihc  American  States  of  Spanish  origin,  to  send 
tiiiniiltrs  to  their  projwsed  Congress  on  the 
i,'liiiiis  of  Panama.  It  was,  therefore,  clear 
l;ciu  I.  ••'  be;-  iiiiing  that  the  new  administration 
Kis  v<  havi" 
tliat  loundc ' 

•  intiv!  •>  :»nder  different  forms,  which 
hvldi.<crin)ir!,i.>'ii  parties  at  the  commencement 
(,f  the  federal  government.  Men  of  the  old 
fchool— survivors  of  the  contest  of  the  Adams 
andJeflerson  timer.,  with  some  exceptions, divid- 
iil  ncc  inl''.  gly—  he  federalists  going  for  Mr. 
AduiU',  iVie  republicans  against  him,  with  the 
univs  of  li'O  younger  generation. 

■,c  Scnai'i  a  decided  majority  was  against 
lim,  coinpreijeuding  (not  to  speak  of  younger 
lien  afterwards  become  eminent,)  Mr.  JIacon  of 
\orth  Carolina,  Mr.  Tazewell  of  Virginia,  Mr. 
an  Burcn  of  New- York,  General  Samuel 
m.th  of  JIaryland,  Mr.  Gaillard  of  South  Ca- 
■oluia  (the  long-continued  temporary  President 
f  the  Senate),  Dickerson  of  New  Jersey,  Oovcr- 
lor  Edward  Lloyd  of  Maryland,  Rowan  of  Ken- 
ucky,  and  Findlay  of  Pennsylvania.  In  the 
louse  of  Representatives  there  was  a  strong 
inority  opposed  to  the  new  President,  destined 
be  increased  at  the  first  election  to  a  decided 
lajority :  so  that  no  President  could  have  com- 
icnced  his  administration  under  more  unfavor- 
iblc  auspices,  or  with  less  expectation  of  a  pop- 
Jar  career.        ■    •• 

The  cabinet  was  composed  of  able  and  expe- 

ienccd  men — Mr.  Clay,  Secretary  of  State ;  Mr. 

ichard  Rush,  of  Pennsylvania,  Secretary  of  the 

reasury,  recalled  from  the  London  mission  for 

lat  purpose ;  Mr.  James  Barbour,  of  Virginia, 

rotary  at  War ;  Mr.  Samuel  L.  Southard,  of 

lew  Jersey,  Secretary  of  the  Navy  under  Mr. 

onroe,  continued  in  that  place ;  the  same  of 

T.  John  McLean,  of  Ohio,  Postmaster  General, 

d  of  Mr.  Wirt,  Attorney  General — both  occu- 

ing  the  same  places  respectively  under  Mr. 

onroe,  and  continued  by  his  successor.      The 

lace  of  Secretary  of  the  Treasury  was  offered 

Mr.  Adams  to  Mr.  William  H.  Crawford, 

id  declbed  by  him — an  offer  which  deserves  to 

commemorated  to  show  how  little  there  was 

personal  feeling  between  these  two  eminent 


citizens,  who  had  just  iK-en  rival  candidates  for 
the  rn>i(loury  of  the  Lnited  Slatis.  If  Mr. 
Crawford  had  accipted  the  Troa.sury  department, 
the  a'lministration  of  Mr.  John  Quincy  .Vianis 
would  have  boon  entirely  composed  of  the  ^aiiio 
individuals  which  composwi  that  of  .Mr.  Monroe, 
with  the  exception  of  the  two  (himself  and  Mr. 
Calhoun)  elected  President  and  Vice-President ; 
— a  fact  which  ought  to  have  been  known  to  Mon.s. 
do  Tocqueville,  when  he  wrote,  that  '•  Mr.  Quincy 
Adams,  on  his  entry  into  otlice.  discharged  the 
majoriiy  of  'ho  individuals  wl«>  had  been  ap- 
pointed by  his  predecessor." 

There  was  opposition  in  the  Senate  to  the  con- 
firmation of  Mr.  Clay's  nommation  to  the  State 
department,  growing  out  of  his  support  of  Mr. 
Adams  in  the  election  of  the  House  of  Represen- 
tatives, and  acceptance  of  office  from  him ;  but 
overruled  by  a  maj  jrity  of  two  to  one.    The  af- 
firmative votes  were  ^lessrs.  Barton  and  Benton 
of   Missouri ;    Mr.  Bell  of   New  Hampshire ; 
Messrs.  Bouligny  and  Josiah  F.  Johnston  of 
Louisiana;    Messrs.  Chandler  and  Holmes   of 
Maine ;  Messrs.  Chase  and  Seymour  of  Vermont ; 
Messrs.  Thomas  Clayton  anil  Van  Dyke  of  Dela- 
ware; Jlessrs.  DeWolf  and  Knight  of  Rhode 
Island ;  Mr.  Mahlon  Dickerson  of  New  Jersey ; 
Mr.  Henry  W.  Edwards  of  Connecticut;  Mr. 
Gaillard  of  South  Carolina;  Messrs.  Harrison 
(the  General)  and  Ruggles  of  Ohio ;  Mr.  Hen- 
dries  of  Indiana ;  Mr.  Elias  Kent  Kane  of  Illi- 
nois; Mr.  William  R.  King  of  Alabama;  Messrs. 
Edward  Lloyd  and  General  Samuel  Smith  from 
Maryland ;  Messrs.  James  Lloyd  and  Elijah  II. 
Mills  from  Massachusetts ;  Mr.  John  Rowan  of 
Kentucky ;  Mr.  Van  Buren  of  New- York — 27. 
The  negatives  were :  Messrs.  Berrien  and  Thos. 
W.  Cobb  of  Georgia ;  Messrs.  Branch  and  Ma- 
con of  North  Carolma ;   Messrs.  Jackson  (the 
General)  and  Eaton  of  Tennessee ;  Messrs.  Find- 
lay  and  Marks  of  Pennsylvania ;  Mr.  Hayne  oi 
South  Carolina;   Messrs.  David  Holmes  and 
Thomas  A.  Williams  of  Mississippi ;  Mr.  Mcll- 
vaine  of  New  Jersey ;  Messrs.  Littleton  W.  Taze- 
well and  John  Randolph  of  Virginia ;  Jlr.  Jesse 
B.  Thomas  of   Illinois.     Seven  senators  were 
absent,  one  of  whom  (Jlr.  Noble  of  Indiana) 
declared  he  should  have  voted  for  the  confirma- 
tion of  Mr.  Clay,  if  he  had  been  present ;  and  of 
those  voting  for  him  about  the  one  half  were  his 
political  opponents. 


k 


56 


THIR'n'  YEARS'  VIKW. 


C;  II  A  P  T  V.  11   XXII. 

I 

I 

CASK  OK  Ml!.  I.ANMAN     T1.\1I'<iI:AI:V  SKNATOUIAI,  ■ 
Al'l'iPlNTMKNT  IIInM  (ONMUTKIT. 

Mr.  I.anman  hud  served  a  FLyulnr  U-nn  as' 
Htnator  from  ('onni'cticut.  His  tiTiii  of  scrviw  I 
expired  on  the  .'Id  of  AFiirch  of  this  yi'iir.  and  tlu; 
Qcnural  Asseinhly  of  the  Stato  liaviiif;  failed  to  j 
make  an  election  of  senator  in  his  jilace,  lie  re- ' 
ceived  a  Icmiioniry  n|ij)(iintnient  from  the  pov-  I 
crnor.  On  presenting:  himself  to  take  the  oath  of  [ 
office,  on  the  4th  day  of  March,  beuis  the  first 
day  of  the  special  scniitorial  session  convoked  by 
the  retirinp;  President  (Mr.  Monroe),  nccording 
to  nsape,  for  the  inaii^ruration  of  his  successor; 
his  appointment  was  ohjected  to,  as  not  having 
been  made  in  a  case  in  which  a  {rovernor  of  a 
Stato  could  fill  a  vacancy  by  making  a  tempo- 
rary appointment.  !Mr.  Tazewell  was  the  prin- 
cipal speaker  against  the  validity  of  the  aj)jx)int- 
ment,  arguing  against  it  both  on  the  words  of 
the  constitution,  and  the  rea.son  for  the  provi- 
sion. The  words  of  the  constitution  are :  "  If 
vacancies  hapjien  (in  the  Senate)  by  resignation 
or  ocherwise,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make 
temporary  appointments,  until  the  next  meeting 
of  the  legislature."  "  Ilajipen"  was  held  by  Mr. 
Tazewell  to  be  the  governing  word  in  this  pro- 
vision, and  it  always  implied  a  contingency,  and 
an  unexpected  one.  It  could  not  apjily  to  a 
foreseen  event,  bound  to  occur  at  a  fixed  period. 
Here  the  vacancy  was  foreseen ;  there  was  no 
contingency  in  it.  It  was  regular  and  certain. 
It  wa.s  the  right  of  the  legislature  to  fi'l  it,  and 
if  they  failed,  no  matter  from  what  cause,  there 
was  no  right  iu  the  governor  to  supply  their 
omission.  The  reason  of  the  phraseology  was 
evident.  The  Assembly  was  the  appointing 
body.  It  was  the  regular  authority  to  elect 
senators.  It  was  a  body  of  more  or  less  mem- 
bers, but  always  representuig  the  whole  body 
of  the  State,  and  every  county  in  the  State,  and 
on  that  account  vested  by  the  constitution  with 
the  power  of  choosing  senators.  The  terms  choose 
and  elect  are  the  words  applied  to  the  legislative 
election  of  senators.  The  term  appoint  is  the 
irord  applied  to  a  gubernatorial  appointment. 


The  election  wa.s  the  regular  mode  of  the  mr 
stitution,  and  wvm  not  to  l>c  superseded  by  j; 
apiKiintment  in  any  ca.<«cin  which  the  le^slatn- 
could  act,  whether  they  actc<l  or  not.     Son< 
debate  took  place,  and  precedents  wen-  mil'' 
for.    On  motion  of  Mr.  Katon,  a  conmiitlie  v\i  \ 
ap|)ointed  to  search  for  them,  and  found  scvc  ra 
The  committee  consiste<l  of  Mr.  Eaton,  of  Ten- 1 
nes.see  ;  Mr.  Edw.ard.s,  of  Connecticut ;  and  .Mr 
Tazewell,  of  Virginia.     They  reported  the  en.*.  I 
of  William  Cooke,  of  Tenncs.scc,  nppoiiited  h- 
tho  governor  of  tlie  State,  in  April.  17!'7,  to  ti;; 
the  vacancy  occasioned  by  the  expiration  of  hi' 
own  term,  the  od  of  March  prccte«ling ;  of  Vmh.  I 
Tracy,  of  Connecticut,  appointed  I>y  the  povernnr 
of  the  Stato,  in  February,  1801,  to  fill  thevi-l 
cancy  to  occur  upon  the  expiration  of  his  oti 
term,  on  the  3d  of  March  following  ;  of  Jose|i 
Anderson,  of  Tennessee,  appointed  by  the  pov- 
crnor  of  the  State,  in  February,  1800,  to  fill  tli»  [ 
vacancy  which  the  expiration  of  liis  own  ttnii 
would  make  on  the  4th  of  March  following ;  of 
John  Williams,  of  Tennessee,  appointed  by  the  | 
governor  of  the  Stato,  in  January,  1817,  to 
the  vacancy  to  occur  from  the  expiration  of  his  | 
term,  on  the  en.suing  3d  of  March ;  and  in  sll 
these  cases  the  persons  so  appointed  had  bwn  I 
admitted  to  their  seats,  and  all  of  them,  except 
in  the  case  of  Mr.  Tracy,  without  any  question 
being  raised ;  and  in  his  case  by  a  vote  of  13  to 
10.    These  precedents  were  not  satisfactory  to 
the  Senate ;  and  after  considering  Mr.  Lanman's 
case,  from  the  4th  to  the  7th  of  March,  the  no- 
tion to  admit  him  to  a  seat  was  rejected  by » 
vote  of  23  to  18.    The  senators  voting  in  favor 
of  the  motion  were  Messrs.  Bell,  Bouligny,  Cha.*, 
Clayton,  DeWolf,  Edwards,  Harrison  (General). 
Hendricks,  Johnston  of  Lousiana,  Kane,  Knight 
Lloyd  of  Massachusetts,  McIIvaino,  Mills,  Noble, 
Rowan,  Seymour,  Thomas — 10.     Those  votin* 
against  it  were  Messrs.  Barton,  Benton,  Berrien.  I 
Branch,  Chandler,  Dickerson,  Eaton,  Findlav.l 
Gaillard,  Hayne,  Holmes  of  Maine,  Holmes  of  I 
]Mi.ssissippi,  Jackson  (General),  King  of  Ala- 1 
bama,  Lloyd  of  Maryland,  Marks,  Macon,  Rug- 
gles,  Smith  of  Maryland,  Tazewell,  Van  Burca 
Vandyke,  Williams,  of  Mississippi — 23  j  ami 
with  this  decision,  the  subsequent  practice  of 
the  Senate  has  conformed,  leaving  States  in  part  I 
or  in  whole  unrepresented,  when  the  legislature  | 
failed  to  fill  a  regular  vacancy. 


CHAP  T  K 


RKTIKINO  OF  .\ 


Is  the  siunmer  of  this 

mmiitwl  a  long  anil  high 

(ii'partjuent  of  the  federa! 

tiri'ly  to  quit  its  service 

tilt;  new  President,  Mr. 

ilif  place  of  Minister  Pic 

K.vtraordinary  to  the  C 

fame  place  to  which  he 

yiars  before,  and  from 

■Senate)  by  President 

Hhieh  ho  had  not  been 

Jilierson,  at  the  revolii 

liwk  place  in  1800.      I 

with  the  government  for 

in  the  Congress  of  the 

I  Ih?  convention  which  fr 

•stitiition  (in  both  places 

I  of  Massachusetts),  in  the 

I  of  New- York,  being  one  of 

j  that  State,  elected  in  178 

J  Schuyler,  the  father-in-lav 

I  He  was  afterwards  minis 

j  -again  senator,  and  agaii 

I  the  mean  time,  declined  tl 

jdrtit  Washington  to  be  h 

I  lie  was  a  federalist  of  tl 

I  head  of  that  party  after  ( 

I  Hamilton;  and  when  the 

jiarty,  with  whose  views 

Jsy.stems  of  policy,  General 

jfoincide<I.    As  chief  of  ths 

I  for  as  Vice-President  in  1 

Jin  1810.    He  was  one  o 

■supported  the  governmen 

■against  Great  Britam.    Oj 

Ition,  he  went  into  its  supp 

Idetlared,  and  in  his  place 

jthe  measures  and  supplies 

|>vas  most  essential)  exerte 

Ifor  the  defence  of  his  adoj 

l(on  the  strength  and  cond 

llhea  depended) ;  assistmg 

rolunteer  regiments  and  mil 

pting  with  the  republican 

pns  and  Mr.  Van  Buren), 

i^tate  of  New-York  in  th 


ANNO  1825.    JOHN  QUINCV  ADAM.'^  I'Rl-^IDKNT. 


57 


CHAP  T  K  11    XXII  I. 

KtTlilINO  OF  MK.  KIFUS  KINO. 

In  the  suminor  of  this  year,  tliis  pcntlcmnii  ter- 
imn:!!^!  a  lonp  nml  liifili  career  in  the  lo};i.slati\  o 
(lipartiui-nt  of  the  federal  povcrnincnt,  but  not  en- 
tjri'ly  to  quit  its  service.     lie  was  appointed  hy 
ilii'  niw  President,  Mr.  John  Qiiinry  Adams,  to 
the  place  of  Minister  Plenipotentiary  and  Knvoy 
Extraordinary  to  the  Court  of  St.  James,  the 
fame  place  to  which  he  had  been  apjiointcd  thirty 
j  yiars  before,  and  from   the  same    place  (the 
I  .Si'imtc)  by  President  Wasliinjjton  ;  and  from 
which  lie  had  not  been  removed  by  Presii    at 
Jc'tlcrson,  at  the  revolution  of  parties,  wliich 
tijok  place  in  1800.      lie  had  been  connected 
I  with  the  government  forty  years,  having  served 
in  the  Congress  of  the  Confederation,  and  in 
Ihi  convention  which  framed  the  federal  con- 
stitution (in  both  places  from  his  native  State 
of  Massachusetts),  in  the  Senate  from  the  State 
of  New- York,  being  one  of  the  first  senators  from 
that  State,  elected  in  1789,  with  General  Philip 
Schuyler,  the  father-in-law  of  General  Hamilton. 
He  was  afterwards  minister  to  Great  Britain, 
I  —again  senator,  and  again  minister — having,  in 
I  the  mean  time,  declined  the  invitation  of  Presi- 
Ident  Washington  to  be  his  Secretary  of  State. 
I  He  was  a  federalist  of  the  old  school,  and  the 
I  head  of  that  party  after  the  death  of  General 
I  Hamilton;  and  when  the  name  discriminated  a 
mrty,  with  whose  views  on  government  and 
Isystems  of  policy,  General  Washington  greatly 
I  coincided.    As  chief  of  that  party,  ho  was  voted 
I  for  as  Vice-President  in  1808,  and  as  President 
|in  1810.    He  was  one  of  the  federalists  who 


pOHition  which  the  war  in  rannda  and  n'pupr* 
nance  to  the  war  in  New  Kii;;!.iii'l,  n  nderol  ch- 
ficntial  to  the  welfare  of  the   I'liioii.      Ifistnry 

I  should  remenilicr  this  patriotic  conduct  of  Mr. 

I  Kinp,  and  record  it  for  the  iM-aulirul  nud  instruc- 
tive lc8.son  which  it  teaches. 

Like  Mr.  Macron  and  Joliii  ',  .lylor  <if  Can)Iinii, 
Mr.  King  had  h'm  iii  liviiluality  of  rlmrnctcr, 
manners  and  dre-sii,  but  of  diHerent  type ;  they, 
of  plain  country  gentlemen ;  and  he,  a  hi^h 
model  of  courtly  refinement.  He  always  a|>- 
peare<l  in  the  Senate  in  full  dress;  short  small- 
clothes, silk  stockings,  and  shoes,  and  wa.s  ha- 
bitually observant  of  all  the  courtesies  of  life. 
Hi.H  colleague  in  the  Senate,  durinj:  the  chief 
time  that  I  saw  him  there,  was  Mr.  Van  Buren : 
and  it  wa.s  .singular  to  see  a  great  State  represent- 
ed in  the  Senate,  at  the  same  time,  liy  the  chiefs 
of  opposite  political  parties ;   Mr.   Van  Buren 


was  much  the  younger,  and  it  was  delightful  to 
behold  the  deferential  regard  which  he  paid  to 
his  elder  colleague,  always  returned  with  mark- 
ed kindness  and  respect. 

I  felt  it  to  be  a  privilege  to  serve  in  the  Senate 
with  three  such  senators  as  Mr.  King,  Mr.  Ma- 
con, and  John  Taylor  of  Carolina,  and  was  an.x- 
ious  to  improve  such  an  opportunity  into  a  mean.s 
of  benefit  to  myself.  With  Mr.  JIacon  it  came 
easily,  as  he  was  the  cotcmporary  and  friend  of 
my  father  and  grandfather  ;  with  the  venerable 
John  Taylor  there  was  no  time  for  any  intimacy 
to  grow  up,  as  we  only  served  together  for  one 
session ;  with  Mr.  King  it  required  a  little  system 
of  advances  on  my  part,  which  I  had  time  to 
make,  and  which  the  urbanity  of  his  manners 
rendered  easy.  Ho  became  kind  to  me ;  readily 
supplied  me  with  information  from  his  own  vast 
stores,  allowed  me  to  consult  him,  and  as.sisted  me 
in  the  business  of  the  State  (of  whose  admission 
Isupportcd  the  government  in  the  war  of  1812    he  had  been  the  great  opimnent),  whenever  I 


lamnst  Great  Britain.    Opposed  to  its  declara- 
Ition,  he  went  into  its  support  as  soon  as  it  was 


could  satisfy  him  that  I  was  right,— even  down  to 
tho  small  bills  which  were  entirely  local,  or  mcre- 


liklared,  and  in  his  place  in  the  Senate  voted  |  ly  individual.    More,  he  gave  me  proofs  of  real 


Ithc  measures  and  supplies  required ;  and  (what 
livas  most  essential)  exerted  himself  b  providing 
jfor  the  defence  of  his  adopted  State,  New- York 
l(on  the  strength  and  conduct  of  which  so  much 
Ithca  depended) ;  assisting  to  raise  and  equip  her 
■volunteer  regiments  and  militia  quotas,  and  co-op- 
lerating  with  the  republican  leaders  (Gov.  Tomp- 
Kin.s  and  Mr.  Van  Buren),  to  maintain  the  great 


regard,  and  in  that  most  diQlcult  of  all  friendly 
offices, — admonition,  counselling  against  a  fault ; 
one  instance  of  which  was  go  marked  and  so 
agreeable  to  me  (reproof  as  it  was),  that  I  im- 
mediately wrote  down  the  very  words  of  it  in  a 
letter  to  Mrs.  Benton  (who  was  then  absent 
from  the  city),  and  now  copy  it,  both  to  do  hon- 
or to  an  aged  senator,  who  could  thus  act  a 


Kate  of  New- York  in  the  strong  and  united  '  "/a<Aer'« "  part  towards  a  young  one,  and  be- 


58 


TIIIRTV  YEAIW  VIEW. 


cause  I  am  prood  of  tlio  wor<U  \w  uhciI  to  inc. 
Till'  li'ttor  »nyh : 

"  Vcstcnlay  (Mny  2  >tli,  1S24),  wo  rarriwl 
§75,000  for  iiiijiroNiii^c  tlif  iiavipition  of  the  Mw- 
«k>*i|i|ii  niul  thu  Oliio.  I  niiKlc  a  poixl  sik'itIi, 
liiit  IK)  ]>art  of  it  will  1)0  imlilislicd.  I  s|M)kc  in 
I'jihj,  aii'l  witli  fitnx  nml  aiiimntion.  Wlu-n  it 
wottoviT,  Mr.  Kinjr,  of  N.  Y.,  came  and  sat  down 
in  a  diair  \>y  mi-,  and  took  hold  of  my  Imnd  nnil 
said  111!  would  si)iak  to  mo  an  ii  fiiUicr— that  I 
had  groat  jioworH,  and  that  he  felt  a  Kinrore  pieits- 
nro  in  .socin;;  ma  advance  and  rise  in  the  world, 
and  that  ho  would  take  the  lilwrty  of  warninjr 
mo  a>;ainst  an  clTect  of  my  temporariient  when 
hoateilhyojiimsition;  that  under  those  circumstan- 
ces I  took  an  authoritative  manner,  and  a  look  and 
tone  of  defiance,  whicii  sat  ill  upon  the  older  mem- 
bers; and  advised  mo  to  modtrato  my  manner." 

This  was  real  friendship,  eniianccd  by  the 
kindness  of  manner,  and  had  its  cflcct.  1  sup- 
pressed that  speoch,  through  compliment  to  him, 
and  have  studied  moderation  and  forbearanco 
ever  since.  Twcnty-fivo  years  later  I  served  in 
Congress  with  two  of  Mr.  King's  sons  (Mr. 
Jumcs  Gore  King,  representative  from  New- 
York,  and  Mr.  John  Alsop  King,  a  rei'rescnta- 
tivo  from  New  Jersey)  ;  and  was  glad  to  lot 
them  both  sec  the  sincere  respect  which  I  had 
for  the  memory  of  their  father. 

In  one  of  our  conversations,  and  upon  the  for- 
mation of  the  constitution  in  the  federal  conven- 
tion of  1787,  he  said  some  things  to  mo  which,  I 
think  ought  to  bo  remembered  by  future  genera- 
tions, to  enable  them  to  appreciate  justly  those 
founders  of  our  goTornmont  who  were  in  favor 
of  H  stronger  organization  than  was  adopted. 
He  said :  "  You  young  men  who  have  been  bom 
since  the  Revolution,  look  with  horror  upon  the 
name  of  a  King,  and  upon  all  propositions  for  a 
strong  government.  It  was  not  so  with  us. 
AVe  were  born  the  subjects  of  a  King,  and  were 
accustomed  to  subscribe  ourselves  'His  Majesty's 
most  faithful  subjects ; '  and  wo  began  the  quar- 
rel which  ended  in  the  Ilevolution,  not  against 
the  King,  but  against  his  parliament;  and  in 
making  the  new  government  many  propositions 
wore  submitted  which  would  not  bear  discus- 
sion ;  and  ought  not  to  be  quoted  against  their 
authors,  being  offered  for  consideration,  and  to 
bring  out  opinions, .  nnd  which,  though  behind 
ihe  opinions  of  this  day,  were  in  advance  of  those 
of  that  day." — These  thmgs  were  saiil  chiefly  in 


relation  to  General  Hamilton,  who  had  Mihmit. 
ted  )>ro|)OsitionH  stronger  tlian  thoso  ndnptt-l 
but  nothing  like  those  which  party  spirit  ai(r. 
butiil  to  him.  I  heard  tin  so  words,  I  hope,  wi;, 
profit ;  ami  commit  them,  in  the  wimo  hop<>.  ti 
after  generation.s. 


CIIAPTEll   XXIV. 

REMOV.M.  OF  TlIK  CUKEK  INDIANS  FP.OM 
OKOliOI.V 

By  an  agreement  with  the  State  of  Georgia  ia  I 
the  year  1802,  the  United  States  liccame  boiml, 
in  consideration  of  the  cession  of  the  wcstcm 
territory,  now  constituting  the  States  of  Alahomi 
and  Mississippi,  to  extinguish  the  rtmainder  of 
the  Indian  title  witliin  her  limits,  and  to  remove 
the  Indians  from  the  State ;  of  w^hich  largii  and 
valuable  portions  were  then  occupied  by  th 
Creeks  and  Cherokces.     No  time  was  limiH 
for  the  fulUlmont  of  this  obligation,  and  near  i 
quarter  of  a  century  had  passcfl  away  witlioiitl 
seeing  its  full  execution.  At  length  Georgia,  sotin»  I 
no  end  to  this  delay,  became  impatient,  and  jut  [ 
ly  so,  the  long  delay  being  equivalent  to  a  breaci  I 
of  tho  agreement;   for,  although  no  time  vrul 
limited  for  its  execution,  yot  a  reasonable  tim  I 
was  naturally  understood,  and  that  incessant  and  I 
faithful  endeavors  should  be  made  by  the  Unitrij 
States  to  comply  with  her  undertaking.    In  tbol 
years  1824-'25  this  had  become  a  serious  qiios-l 
tion  between  tho  United  States  ond  Georgia- 1 
the  compact  being  but  portly  complied  with— ami  I 
Mr.  Jlonroo,  in  tho  last  year  of  his  Administwl 
tion,  and  among  its  la.st  acts,  had  the  satisfaction  I 
to  conclude  a  treaty  with  the  Creek  Indians  fotl 
a  cession  of  all  their  claims  in  tho  State,  and  tkul 
removal  from  it.    This  was  tho  treaty  of  Iktl 
Indian  Springs,  negotiated  the  i2th  of  Februairl 
1825,  tho  famous  chief,  Gen.  Wm.  Mcintosh,  M 
some  fifty  oth  r  chiefs  signing  it  in  the  prescnal 
of  Mr.  Crowell,  the  United  States  Indian  agciit| 
It  ceded  all  the  Creek  country  in  Georgia,  a:* 
also  several  millions  of  acres  in  the  State  of  Al»| 
bamo.    Complaints  followed  it    >  Washington  ul 
having  been  concluded  by  Mcintosh  without  thi 
authority  of  the  nation.    The  ratification  of  tliel 
treaty  was  opposed,  but  finally  carried,  and  bJ 


ill.'  strong  votf  of  ^4  to 
,>|,|iii.,it,on  to  tho  treaty 
,ipiitinti!<l  party  iMranio 
Mclati'^h  anri  another  c 
!.hta:ito  to  tho  execution 
|,»ri'(l  to  resist.     Goorgii 
,1  to  execute  it  by  taking 
lorrilory.    Tho  Governii 
1 1  It  it.'^ilf  Ijound  to  into 
cldit,  Mr.  Adams,  becai 
n'livirtion  thot  the  treot 
(lilt  duo  authority,  and  th 
n.t  to  bo  enforced  ;   and 
I  iiliral  troops  to  the  coi 
I  (Korpia  was  m  a  llamo  a 
]  I  hi'  neighboring  States 
hi  till'  mean  time  tho  Pre 
I  violence,  and  to  obtain  ju. 
I  cii  further ;  and  assouibl  i 
I  fhiofs  of  the  (/reeks  at  AV 
J  (lid  a  new  treaty  with  ti 
I  liy  which  tho  treaty  of  li 
I  nulled,  and  a  (lubstituto  f( 
|nll  the  Creek  lands  in  Gk 
Lama.    This  treaty,  with 
jl!ic  difficulties  of  the  ques 
Jcommunic'fttcd  hy  the  Pre 
land  by  it  referred  to  the 
lAirairs,  of  which  I  was  chs 
Itce  reported  against  the  ra 
TcarncRtly  deprecated  a  coll 
piie  federal  government  an 
mended  further  negotiatioi 
ksy  as  the  Creek  chiefs  w 
kon.    The  objections  to  tlu 

1.  That  it  annulled  tho  M 
bv  implying  its  illegality,  ai 
ing  the  fate  of  its  authors. 

2.  Because  it  did  not  cc 
Creek  lands  in  Georgia. 

3.  Because  it  ceded  none 
Further  negotiations  acc( 

Jicndation  of  the  Senate,  w 
Jurat;  and  on  the  31st  of 
roar,  a  supplemental  artich 
[rhich  all  the  Creek  lands  ii 
oher;  and  tho  Creeks  with 
0  emigrate  to  a  new  homo 
li.  The  vote  in  tho  Senate 
jreaty,  and  its  supplemental 
bpliatic— thirty  to  seven: 
Ivi'sall  Southern  senators  fa 


ANNO  18M.    John  qilNCV  ADAMS  l'KJ>H'KNT. 


50 


iiie  giroiiR  vole  of  .14  to  I.     r)isBj)|K>iiitcil  in  tlwir 
„|,«),sil,on  to  the  ticuly  ot  W'aHhinpton,  the  <liH- 
,iiiiU'ntt!<l  i>arty  IxTainci  violent  at  home,  kilkW 
.Mclnl""''  o'l'l  nnothiT  chirf,  (kchired  forciblo  rc- 
M«ta:iw  to  tlio  cxiH'ution  of  tlio  treaty,  ami  prc- 
.  ;tri'(I  to  rusist.     Gvoi^ia,  on  her  part,  (k'tcmiin- 
,1  to  execute  itlty  tttkin(?j>ossesnion  of  thec'"k'<l 
territory.    The  Government  of  tfie  [.'nitnl  .Staler 
fit  itself  J)0und  to  interfere.     The  new  I'resi- 
1  (uiit,  Mr.  Aflams,  became  impressed  with  the 
I  odiivirtion  that  the  treaty  had  been  madu  with- 
I  (lilt  due  authority,  and  that  its  execution  ou<:]it 
ii'.t  to  Ijo  enforced  ;   and  sent  (ien.  Guiiifs  witli 
liloral  troops  to  the  confines  of  Oeoriiia.     All 
(Itorpia  was  m  a  llamo  at  this  view  of  force,  and 
tla'  neighboring  States  sympathizeil  with  her. 
Ititliu  mean  time  tho  Prcmdent,  anxious  to  avoid 
violenci',  and  to  obtain  justice  for  Georgia,  treat- 
ed further;  tmd  asscnildinfr  the  head  men  and 
I  chiefs  of  tho  Creeks  at  Wasliington  City,  conclu- 
Ifitil  a  new  treaty  witli  them  (January,  182G) ; 
I  by  which  tho  treaty  of  Indian  Springs  was  an- 
I milled,  and  a  fiubstituto  for  it  negotiated,  ceding 
Inll  tho  Creek  lands  in  Georgia,  but  none  in  Ala- 
llama.    This  treaty,  with  a  message  detailing  all 
lt!io  difficulties  of  tho  question,  was  immediately 
Icommui'.icated  ))y  tho  President  to  the  Senate, 
land  by  it  referred  to  tho  Committee  on  Indian 
lAlTairs,  of  which  I  was  chairman.    The  commit- 
Itee  reported  against  the  ratification  of  tho  treaty, 
IcarncFtly  deprecated  a  collision  of  arms  between 
kiie  feUcrnl  government  and  a  State,  and  recom- 
lEcndcd  further  negotiations — a  thing  tho  more 
[easy  as  the  Creek  chiefs  were  still  at  Washing- 
lion.    The  objections  to  tho  new  treaty  were : 

1.  That  it  annulled  the  Mcintosh  treaty;  there- 
by implying  its  illegality,  and  apparently  justify- 
ing the  fate  of  its  authors. 

2.  Because  it  did  not  ccdo  tho  whole  of  the 
Creek  lands  in  Georgia. 

8.  Because  it  ceded  none  in  Alabama. 

Further  negotiations  according  to  the  recom- 
nendation  of  the  Senate,  were  had  by  tho  Pres- 
Idunt;  and  on  the  31st  of  March  of  tho  same 
roar,  a  supplcniental  article  was  concluded,  by 
frhich  all  the  Creek  lands  in  Georgia  were  ceded 
ohcr;  and  tho  Creeks  within  her  borders  bound 

)  emigrate  to  a  now  homo  beyond  tho  Mississip- 
■i.  The  vote  in  tho  Senate  on  ratifying  this  new 
peaty,  and  its  supplemental  article,  was  full  and 
jinphatic — thirty  to  seven:  and  the  seven  nega- 
ps  all  Southern  senators  favorable  to  the  object, 


but  diHdilisfled  with  the  cIaiiM»<  whii li  nnnulltd 
the  M<dnto>h  tri'uty  uinl  implied  a  rcuHiin.'  ii|ion 
its  authors.     Northern  senators  voted  in  a  txxly 
to  do  this  great  act  of  justi'o  to  ( i''iir^:ii»,  re- 
(itraine<l    by  no  innvortliy    feeling  a^iamst    the 
growth  and  prosperity  of  a  slave  Slut>\     And 
thus  wiw  tarried   into  elfcrt,  after  a  'K-iny  of  a 
quarter  of  a  century,  and  alter  greai  and  just 
complaint  on  tho  part  of  Georgia,  the  coniftnct 
between  that  State  and  the  United  Si;itosof  1^02. 
Gi-orgia  was  i)aid  at  liust  for  her  greui  cession  ol 
territory,  and  obtained  tho  removal  of  an  Indian 
community  out  (if  her  limits,  and  tho  us<>  ami 
dominion  of  all  her  soil  for  settlement  and  juris- 
diction.   It  was  an  incalculable  advantage  to  her, 
and  sought  in  vain  under  three  ,-itccessive  Southern 
Presidents — Jefferson,  Madison,  Monroe — (who 
could  only  obtaifi  part  coiccssions  from  the  In- 
dians)— and  now  accomplished  under  a  Northern 
President,  with  the  full  concurrence  and  support 
of  the  Northern  delegations  in  Congress :  for  tho 
Northern  representatives  m  the  House  voted  tho 
appropriations  to  carry  the  treaty  into  effect  as 
readily  as  the  senators  had  voted  tho  ratification 
of  tho  treaty  itself.     Candid  men,  friends  to  tho 
harmony  and  stability  of  this  Union,  shoidd  re- 
member these  things  when  they  hear  tho  North- 
ern States,  on  account  of  the  conduct  of  somo 
societies  and  individuals,  charged  with  unjust 
and  criminal  designs  towards  the  South. 

An  incident  which  attended  the  negotiation 
of  the  supplemental  article  to  tho  treaty  of 
January  deserves  to  be  conmiemorated,  as  au 
instance  of  the  frauds  which  may  attend  Indian 
negotiations,  and  for  which  there  is  so  little 
chance  of  detection  by  either  of  tho  injured 
parties, — by  the  Indians  themselves,  or  by  tho 
federal  government.  When  tho  President  sent 
in  tho  treaty  of  January,  and  after  its  njection 
by  tho  Senate  became  certain,  thereby  leaving 
tho  federal  government  and  Georgia  upon  the 
point  of  collision,  I  urged  upon  Mr.  James  Bar- 
bour, the  Secretary  at  War  (of  whose  depart- 
ment the  Indian  Office  was  then  a  branch)  the 
necessity  of  a  supplemental  article  ceding  all  the 
Creek  lands  in  Georgia ;  and  assured  him  that, 
with  that  additional  article,  the  treaty  would 
be  ratified,  and  the  question  settled.  The  Secre- 
tary was  very  willing  to  do  all  this,  but  said  it 
was  impossible,— that  tho  chiefs  would  not  agree 
to  it.  I  recommended  to  him  to  make  them 
some  presents,  so  as  to  overcome  their  opposi- 


J , 


■■],'■'    < 


CO 


TlllU'n'  TFARS"  VIEW 


tinn )  which  h<i  nin«l  Inndmntly  <lM>liii(><l,  >ironii«<- 
it  woiiM  iiavor  of  >iril>«>ry.     In  tlic  in«*«n  tiinn 

it   linij   \ II    ('<iMitn>iiiiriil<-il.  to   nil',    tlmt    tin- 

trciity  ftlri'aiiy  iiiinio  wiis  itxt'lf  tin-  woik  of 
jrn'dt  lirild-ry;  tho  niini  of  .<j;|»i<i,(MMt  out  of 
^'JI7,(MMi,  wliicli  it  stipiiliitiil  to  llic  (Vrck  fm- 
lioii,  lis  n  first  imyiiiciif,  lii'liij;  a  fuml  for  priviitt' 
ilistriltiilioii  niiiDiK;  tliu  cliiefH  who  iic)^tiato<l 
it.  Iliiviiij;  rcrcivi'il  this  iiifipriimtion,  I  fi'lt  qiiito 
Riirc  tliiit  I  III-  ftnr  of  tlio  rt'jcction  of  thn  trenty, 
hikI  thi'  c'oiis«'(|iiciit  loss  of  thfso  SI ''•••"<'*),  to  the 
iu>(!otiatiii;;  cliicfs.  would  insure'  tlit'ir  nssi'iit  to 
tlio  sii|i|iicni('iUal  article  without  the  iniiiiri'nicnt 
of  further  ini'scnts,  I  ha<l  un  iiitcrvicH'  with 
till'  k'li'liii;;  (.'liii'Ts,  iiiiil  inailc  known  to  tlit-ni  tlio 
tiicvitahlu  fact  that  the  Sunato  woiiM  reject  tlie 
treaty  as  it  st»M)(i,  l)iit  would  ratify  it  with  a 
SupiiloiiK'ntiil  article  ceding;  all  their  lands  in 
(ieorpia.  With  this  intoriiiation  they  aproed  to 
tho  additional  article:  and  then  the  whole  was 
ratified,  as  I  have  already  stated.  Hut  a  further 
work  remained  l)ehiiid.  It  was  to  lialk  the 
fraud  of  tho  corrupt  distrihiition  of  !S!1C0.(M)() 
ntnong  a  few  chiefs ;  and  that  was  to  bo  done 
hi  the  appropriation  hill,  and  hy  a  clause 
directing  the  whole  treaty  money  to  ho  paid 
to  tho  nation  instead  of  the  chiefs.  Tho  case 
was  coininunicated  to  tho  Senate  in  secret  ses- 
sion, and  a  coinmittoo  of  conference  appointed 
(.Messrs.  IJenton,  Van  Huron,  and  Berrien)  to 
agree  with  tho  House  committee  upon  the  pro- 
per clause  to  be  put  into  tho  appropriation  bi!). 
It  was  also  communicated  to  the  Secretary  at 
War.  lie  sent  in  a  report  from  Jlr.  JfcKinney, 
the  Indian  bureau  clerk,  and  actual  negotiator  of 
tlio  treaty,  admitting  tho  fact  of  tho  intended 
private  distribution ;  which,  in  fact,  could  not  be 
denied,  as  I  held  an  oripnal  paper  showing  tho 
names  of  all  tho  intended  recipients,  with  the 
Kuin  allowed  to  each,  beginning  at  !g!20,n00  and 
ranging  down  to  SSOOO ;  and  that  it  was  done 
with  his  cognizance. 

Some  extr.acts  from  speeches  delivered  on 
that  occasion  will  welllinish  this  view  of  a  trans- 
action which  at  ono  time  threatened  violence 
between  a  State  and  tho  federal  government, 
and  in  which  a  gi-eat  fraud  in  an  Indian  treaty 
was  detected  and  frustrated. 

EXTR.VCTS  FROM  THE  SPEECHES  IX  THE  SENATE 
AND  I\  THE  HOUSE  OF  BEI'UESENTATIVES. 
'•  Mr.  Van  Buren  said  he  should  state  the  cir- 
cumstances of  tills  case,  and  the  views  of  the 


roininitt<»o  of  confcren'v".  .\  trraty  was  tnvi- 
ill  tins  city,  in  which  it  wan  stipulati'il  on  ih. 
part  of  tho  fnitcd  Statew,  that  S-47.tNHi  |,. 
gethcr  with  nil  annuity  of  S-*>,iMHi  a  vri- 
and  iither  ciinsiilcraljiins,  (•hoiihl  Ik*  paid  lo  i|. 
('re<ks,  as  a  consideration  for  tho  pxtinguishinn,; 
of  their  title  to  lamis  in  tho  Stato  of  (iecir^.i,, 
which  the  I'liiliMJ  States,  under  tlio  cr>Nsiiin  k 
Isd'J.  wire  iindir  oMvatioiis  to  oxtinpniNh.  Tl, 
bill  from  the  other  House  to  carry  this  tnai, 
into  ellect.  directed  ||mt  the  money  shoiil.j  \i 
paid  and  distnliuted  aiiion^r  tho  chiefs  and  wn 
riors.  That  bill  came  to  llie  Senate,  and  ii  m,,. 
lideiitinl  coniniiinicalion  wa  made  to  the  Sennti 
from  which  it  appenred  tlmt  stnmg  suspicini,, 
were  entertained  tl  \t  a  design  existed  oii  ih. 
part  of  the  chiefs  wl,(»  made  tho  treaty,  to  pn,  . 
tiso  a  fraud  on  the  Creek  nation,  by  dividin;;  th. 
money  amongst  themselves  and  as-sociates.  Vi 
amonilincnt  was  pniposed  by  tho  Senate,  win  , 
provided  for  the  payment  "of  tlioso  inonevs  n, 
tho  usual  way,  and  tho  distribution  of  tht'in  in 
tho  usual  manner,  and  in  tho  usual  proportinn 
to  which  the  Indians  wcro  entitled.  That 
ainoudnunt  was  scut  to  tho  other  House,  wini 
unadvised  as  to  the  facts  which  were  knowa  tl 
the  Senate,  refused  to  concur  in  it,  and  asko  I  i 
conference,  Tho  conferees,  on  tho  port  of  tlin 
Senate,  communicated  their  suspicions  to  tht 
conferees  on  tho  part  of  tho  llonse,  and  asknl 
them  to  unite  in  an  application  to  the  Depart- 
ment of  AVar,  (or  information  on  tho  sulijict, 
This  was  accordingly  done,  and  tho  dociimtnti 
sent,  in  answer,  were  a  letter  from  tho  Sccrt. 
tary  of  War,  and  a  report  by  Mr.  SIcKenncy, 
From  that  report  it  appeared  clear  ond  satisfac- 
tory, that  a  design  thus  existed  on  the  part  of 
the  Indians,  by  whom  the  treaty  wos  nogotiateil 
to  distribute  of  tho  S247,(X10  to  bo  paid  for  the 
cession  by  tho  United  States,  ^159,750  among 
them.selves,  and  a  few  favorite  chiefs  at  home, 
and  throe  Cherokee  chiefs  who  Imd  no  iutirest  | 
in  tho  property.  Kidge  and  Vann  were  to  r?- 
ceivo  by  tho  original  treaty  .§5000  each.  By 
this  agreement  of  tho  distribution  of  the  monc'v 
each  was  to  receive  1^15.000  more,  niakinj; 
1^20,000  for  each.  Kidge,  the  father  of  UuM 
who  is  here,  was  to  receive  .§10,000.  The  other 
$100,000  was  to  bo  distributed,  .§5000,  and.  in 
some  instances,  §10,000  to  the  chiefs  who  nfj-o- 
tinted  tho  treaty  hero,  varying  from  ono  to  ttn 
thousand  dollars  each. 

"Mr.  V.  B.  said,  in  his  judgment,  the  char- 
acter of  the  government  was  involved  in  this 
subject,  and  it  would  require,  under  the  circum- 
stances of  this  case,  that  they  should  take  c\wl 
step  they  could  rightfully   take   to  exculpaiel 
theiu.selves  from  having,  in  any  degree  or  form.  I 
concurred  in  this  fraud.'  The  fontiment  oftlitj 
American  people  where  he  resided  was,  and  haiil 
been,  highly  excited  on  this  subject;  they  hull 
applaudeil.  in  the  most  ardent  manner,  the  zeslf 
manifested  by  the  government  to  preserve  them-L 
selves  pure  in  their  negotiations  with  the  Indiansl 
and  though  he  was  satisfied— though  ho  decmiill 


„  ini|i«i<tiiihla  to    Mii|>|ii 

piVlTIIIIU'tlt    (Dllll!    llllVI 

■ I'  '.IIS  fraud,  y<-i  ( 

ill  ill' (AMI  which  reijiiii 
lilt'  iK'^otitttion  of  the  I 
„i (li»  .'«iippleniciitary  ar 
ivastiiiully  adopted,  all 
oiiaiiiiiiiicaled  to  the  Id 
mo  ('lieroki-es.  .Mr.  \ 
|]iir|«is«),  Id'causc  the  net 
ri'ijiiire  it,  to  nay  what 
I'li^'iit  (0  have  done,  oi 
■'..I.  hIrii  the  informatio 
litil  known  him  many  ; 
ail  lioiicstnr  man,  or  a  i 
cuiititry,  than  that  geni 
(«i(l  it  was  not  for  him  I 
Imve  been  tlio  course 
I'liiU'd  States,  if  the  infi 
to  iiiiii  on  the  subject. 
a  iiKHtifying  and  most 
iht  minds  of  tho  people 
tlmt  no  means  whate\ 
Mipprcssion  of  this  fii 
liiure  ougiit  to  be.  an  ex 
ill  tho  public  mind. " 

'  Mr.  Benton  said,  tin 
of  the  views  of  tho  ct 
wliidi  had  been  given  by 
York  (Mr.  Van  Buren),' 
to  a  statement  of  facts  ( 
(111  wliich  references  hat 
soiml  knowledge. 

•  The  Secretary  of  AVai 

hti  letter  to  the  committi 

that  the  Secretary  had  i 

j:ratuities  to  tho  Civck 

Miccess  of  the  negotiatio 

idirect.    Mr.  B.  hafl  hir 

Jiicretary  to  do  so ;  it  wa 

Jays  after  the  treaty  liad 

fiirod  to  a  paper  which 

Utii  or  loth  of  March,  an 

si):ncd  in  the  month  of  J 

was  dune  at  the  time  thai 

I  sirvices  to  procure  tho  s 

I  be  adopted.     The  Secreta 

till'  practice  of  giving  the 

I  said  he  had  rccommendi 

of  treating  with  barbaria 

tied  in  this  way,  the  chii 

iicfintiation,  at  a  great  dai 

tnimcnt,  until  they  got 

way  or  other,  or  defeated 

lie  considered  the  practici 

the  usage  of  tho  United  i 

to  be  conunon  in  all  barl 

I  many  that  were  civilized 

|nrticle   in  tho   federal  co; 

Kviving  '^preaentt"  from 

lliroof  that  the  conventio 

striction  to  be  necessary,  e 

'The  time  at  which  Mr. 

I  vices  to  aid  this  nogotiatioi 

to  be  eminently  critical,  and 


y 


ANN«»  lH2rt.     JOHN  griNCY  ADAMS,  IUK>II>KNT 


et 


iti\|M>«itil>lo  to  Nii|i|ii)Mu  for  »  iiiiiiiii>nl  (hat 
^iivvniiiuMit  (iiiilil  lmvi>  oxiiitciiiiiiri'il    llu*  prnr- 

r  i.iiK  fruinl,  yet  llii'U'  wt-ni  crcuniKiitiK-c.N 

„,  III'  mMi  H  hu'li  rin|uii'f<l  i'X<'ul|Miti*iii.  Ilvtwit'ii 
11,0  ii<'|{i)tintioii  ul'  till-  trfikty  aii'l  tliu  iK'iiotmtiDii 
uflhi:'  !<ii|i|il(!iiiciitary  nrtlclii  uii  winch  iliv  trcitiy 
\yti<  liiiully  AilopU'il,  all  tlii-sc  fir('iiiiiN(nm-i>K  witv 
iiiiiii»<iniciiti.-il  to  till-  hcpnrtiiK'iit  «)f  War  liy  tin; 
ti«o  (lierukit-H.  Mr.  \  .  it.  niikI  it  wuh  luit  his 
l>iir|M>-<>),  livcauM.'  till*  iiecL-ssily  of  thu  ruMv  ilnl  not 
ri(|iiirc  it,  to  duy  whul  thu  .Strriitury  of  War 
Mf}\t  to  havo  tlotif,  or  to  ceiisiiru  what  iio  iliil 
1,1,  hIii'I)  thu  iiifurtnatiuii  wait  civfii  to  him.  lie 
hill  known  him  iiiaiiy  years,  and  tlioru  was  not 
III  liDucittiir  man,  or  n  innn  iiioru  duvotcil  to  his 
iDiintry,  thim  tliut  pontlunian  wu.<«.  Mr.  V.  J{. 
(till  it  wan  nut  for  liini  to  iiavu  Hui<l  what  hhonld 
Imvf  bi't'ii  the  courMo  of  the  i'n'sidoni  of  tlie 
I  niu<d  States,  if  thu  information  had  licen  ^iven 
to  liiiii  on  the  suhjoct.  It  could  nut  fail  to  niuku 
aiiinrtifyinK  and  mo.st  injurious  iuiprcssion  un 
ihi-  minds  of  the  pvoplu  uf  iliiM  country,  to  tind 
ih»C  no  mcanx  whutover  wiTu  taken  fur  thu 
Mi|i|ires!iion  uf  tliis  fraud.  There  was,  and 
tliurc  ou)(iit  to  ))c.  an  e.XL'itcniunt  un  the  Hubject 
ill  tlio  puUbniind." 

'  Ml'.  Uentun  said,  tliut  after  the  explanation 
of  the  views  of  the  committee  of  conference 
which  hnd  hecn  pivun  by  the  senator  from  New- 
York  (Mr.  Van  lUiren),  ho  would  limit  himself 
to  a  statement  of  facts  un  two  or  three  puints, 
nil  which  references  hud  been  made  to  his  per- 
sonal knowlcdf^e. 

•The  Secretary  of  War  had  referred  to  liim,  in 

ki  loiter  to  tho  committee,  as  knowing;  thu  fact 

that  the  Secretary  hiid  rei'iiscd  to  give  private 

gratuities  to  the  Creek  chiefs  to  promote  the 

•.iiccess  uf  the  negotiation.     The  refennico  was 

lorri'ct.    Mr.  B.  had  himself  reconmiended  thu 

j>c'cretary  to  do  so ;  it  wos,  however,  about  forty 

I  days  nicer  the  treaty  had  been  signed.     He  re- 

llrrud  to  a  paper  which  fixed  the  date  to  the 

I  lull  or  loth  of  March,  and  the  treaty  hnd  been 

si|.'ncd  in  tho  month  of  January  preceding.     It 

was  dune  at  the  time  that  Mr.  U.  Iiad  oH'ei-ed  his 

services  to  procure  the  supplemental  article  to 

k  adopted.     The  Secretary  entirely  condemned 

the  practice  of  giving  these  gratuities.     Mr.  li. 

said  he  had  recommended  it  as  the  only  way 

of  treating  with  barbarians ;  that,  if  not  grati- 

lled  in  this  way,  the  chiefs  would  prolong  the 

iic;:otiation,  at  a  great  daily  expense  to  the  gov- 

Icnimcnt,  until  they  got  their  gratuity  in   one 

way  or  other,  or  defeated  the  treaty  altogether. 

I  111!  considered  the  practice  to  be  sanctioned  by 

I  the  usage  of  tho  United  States :  he  bcliuved  it 

I  to  be  common  in  all  barbarous  nations,  and  in 

I  many  that  were  civilized ;  and  referred  to  the 

I  Article  in  the   federal  constitution  against   re- 

jiiiving  "prc»en<*"  from  foreign  powers,  as  a 

proof  that  the  convention  thought  such  a  re- 

|striction  to  be  necessary,  even  among  ourselves. 

''The  time  at  which  Mr.  B.  had  otfered  his  ser- 

I  rices  to  aid  this  negotiation,  had  appeared  to  him 

Ito  be  eminently  critical,  and  big  with  consequences 


which  hii  wiiM  anxioiio  lo  avert.  It  was  aftor 
till-  iiiiiiniilti-c  \y.\t\  ri'^iilri-<l  l<>  nport  ai:iuii-.t  the 
n<-w  treaty,  and  Im  lore  they  had  iimilc  the  ri'imrt 
to  the  S'lirtlc.  The  ili'i'isiiiii,  Mliat>.s'\cr  It  mi^'llt 
Im>,  and  the  ctinsci|ucnt  diM'iiNNiniiM.  criiiiiiialinnM, 
and  recnminittions,  wvn^  i':ili'iiliite<l  to  bniig  on 
a  viideiit  hlru|.';;li'  in  the  .'•ciiatc  il-elf;  tivlwecn 
the  .Si'imte  and  tlie  Kxeciilive ;  |ieili:i|is  between 
th<>  two  lloiiMes  (I'nr  a  relcreiuu  i<f  the  subject 
to  both  woiilil  have  taken  place) ;  and  UlWi-en 
iinu  or  more  States  and  the  federal  <;tivernnient. 
Mr.  K.  had  concurred  in  thu  re|Hirt  a;;ainst  the 
nuw  treaty,  iM-causu  it  divested  (ieor^ia  of  vested 
rights  ,  and.  though  objectioiialile  in  many  ulher 
res])i'ctM,  he  was  willing,  for  the  saku  of  |K'ace, 
to  ratify  it,  provided  thu  vested  rights  of  (ieorgia 
Were  not  invude<l.  The  Nup]ileiiieiital  urticlr  had 
relieved  him  U|M)n  this  point.  lie  thought  that 
(ieoriiia  hnd  no  further  cause  of  dissatisfaction 
with  the  treaty ;  it  vi»t>.Aliibiiiiia  that  was  injured 
by  the  loss  of  some  millions  of  acres,  wliidi  she 
had  acipiired  under  the  treaty  uf  1m!.'),  and  lust 
under  that  uf  1820.  Her  case  coniniiindeil  his 
regrets  and  sympathy.  She  had  lost  the  right 
of  jurisdiction  over  a  considerable  extent  of  ter- 
ritory ;  and  thu  advantages  of  .settling,  cultivat- 
ing, and  taxing  the  same,  were  postponed  ;  but, 
he  hoped,  nut  indelinitely.  But  these  were  «'t»/i- 
aiijuenlUU  advantages,  resulting  from  an  act 
which  tho  guvernmunt  was  not  hound  to  du ; 
and,  though  tho  loss  uf  them  was  an  injury,  yet 
this  injury  could  not  be  considerutl  as  ;»  violation 
of  veste<l  rights;  but  the  circumstance  certainly 
increased  the  strength  of  her  claim  to  thu  total 
extinction  of  the  Indian  titles  within  lier  limits 
and.  he  trusted,  wou'd  have  its  due  etl'ect  upoi. 
the  Government  of  the  United  States. 

"The  third  and  last  point  on  which  ilr.  B. 
thought  references  to  his  name  had  made  it 
pro|)er  iijr  him  to  give  a  statement,  related  to  tho 
circumstance  whicli  had  induced  the  Senate  to 
make  the  amendment  which  liad  become  tho 
subject  of  the  conference  between  the  two 
Ilou.ses.  He  had  himself  come  to  the  knowledge 
of  that  circiiinstanco  in  the  last  days  uf  April, 
some  weeks  after  tho  su]ipluinental  article  had 
been  ratified.  He  hud  deemed  it  to  be  his  duty 
to  communicate  it  to  the  Senate,  and  do  it  in  a 
way  that  would  avoid  a  groundless  agitation  of 
the  public  feeling,  or  unjust  reflections  upon  any 
imlividual,  white  or  red,  if,  jxiradventure,  his 
information  should  turn  out  to  have  been  im- 
true.  Ho  therefore  communicated  it  to  the 
Senate  m  secret  session ;  and  the  eflect  of  the 
information  was  immediately  manifested  in  tho 
unanimou.s  determination  of  tho  Senate  to  adopt 
the  amcn<lnient  which  was  now  under  considera- 
tion. He  deemed  the  amendment,  or  one  that 
would  etrect  the  same  object,  to  be  called  for  by 
the  circumstances  of  the  case,  and  the  relative 
state  of  the  parties.  It  wns  apparent  that  a  few 
chiefs  were  to  have  nn  undue  proportion  of  tho 
money — they  had  realized  what  he  had  foretold 
to  the  Secretary ;  and  it  was  certain  that  the 
knowledge  of  thi.s,  whenever  it  should  bo  found 


C2 


TlllUTV  YEARS'  VIEW. 


out  hv  ttip  nntion.  woiilil  orrnsinn  distiirhnnres, 
nn<l.  pi'ilmps,  hloodslicd.  Ho  tlioMjrht  that  the 
I'liitcil  Stnlts  kIioiiM  iiicvonf.  tht-se ronscr|uenci'S, 
by  prevent iiij;  the  cimsc  of  thfiii.  aii'l.  for  this 
purpose,  lie  woulti  tonrnr  in  nny  ninendniont 
that  would  eflect  ii  fair  dislrihutioii  of  the  money 
or  nny  distribution  tlmt  was  ai'reeable  to  the 
nation  in  open  counsel." 

.Mr.  Herrien:  '"You  linve  nrriveil  at  the  last 
srene  in  the  present  act  of  the  preat  jxjiitical 
drunia  of  the  Creek  controversy.  In  its  progress, 
you  have  .seen  two  of  the  sovereisrn  States  of  tlic 
Anierican  Confederation — isf Racially,  you  have 
seen  one  of  those  States,  whic-li  has  always  been 
faithful  and  fl)rward  in  the  disiharpe  of  her 
duties  to  tliis  Union,  driven  to  the  wall,  by  the 
combined  force  of  the  administration  and  its 
allies  consisting  of  a  portion  of  Uie  Creek  nation, 
and  certain  Cherokee  diplomatists.  Hitherto,  in 
the  discussions  before  tlie  Senate  on  this  subject, 
1  have  imposed  a  restraint  upon  my  own  feel- 
ings under  the  influence  of  motives  which  have 
now  ceased  to  operate.  It  was  my  first  duty  to 
obtain  an  acknowledgment,  on  tiiis  floor,  of  the 
right.s  of  (Jeorgia,  re[)rcssing,  f^jr  that  purpose, 
even  the  story  of  her  wrongs.  It  was  my  first 
duty,  sir,  and  I  have  .sacrificed  to  it  every  other 
consideration.  As  a  motive  to  forbearance  it  no 
longer  exists.  I'he  rights  of  Georgia  have  been 
jnost  rated. 

'•Sir,  in  the  progress  of  that  controvcrsj', 
which  has  grown  out  of  the  treaty  of  the  Indian 
Springs,  the  people  of  (Jeorgia  have  been  grossly 
and  wantonly  calumniated,  and  the  acts  of  the 
administration  have  assisted  to  give  currency  to 
these  calumnies.  Her  chief  magistrate  has 
been  traduced.  The  solemn  act  of  her  legisla- 
ture has  been  set  at  naught  by  a  rescript  of  the 
federal  Executive.  A  military  force  has  been 
(piartcred  on  her  borders  to  coerce  her  to  sub- 
mission ;  and  without  a  trial,  without  the  privi- 
lege of  being  heard,  without  the  .semblance  of 
evidence,  she  has  been  deprived  of  rights  secured 
to  her  by  the  .solemn  stipulations  of  treaty. 

"  When,  in  obedience  to  the  will  of  the  legis- 
lature of  Georgia,  her  chief  magistrate  had  com- 
municated to  the  President  his  determination 
to  survey  the  ceded  territory,  his  right  to  do  so 
was  admitted.  It  was  declared  by  the  President 
that  the  act  would  be 'wholly'  on  the  responsi- 
bility of  the  government  of  Georgia,  and  that 
'  the  Government  of  the  United  States  would 
not  be  in  any  manner  resi)onsible  for  any  con.se- 
quences  which  might  result  from  the  measure.' 
AV'^hen  his  willingness  to  encounter  this  responsi- 
bility' -vas  announced,  it  was  met  by  the  declara- 
tion that  the  President'  would  '  not  permit  the 
survey  to  be  made,'  and  ho  was  referred  to  a 
major-general  of  the  army  of  the  United  States, 
unci  one  thousand  regtdar.s. 

"The  murder  of  Mcintosh — ths  defamation 
of  the  chief  magistrate  of  Georgia — the  menace 
of  military  force  to  coerce  her  to  submission — 
were  followed  by  the  tra('i'Ction  of  two  of  her 
cherished  citizens,  cmployeu  as  the  agents  of  the 


Geneml  (lovcmment  in  negotiating  the  treatv— 
gentlemen  who,«c  integrity  will  not  shrink  fmin  j 
comparison  with  that  of  the  proudest  and  loltit^s. 
,  '  heir  accusers.  Then  the  sympathies  of  the 
|.c<>j)le  of  the  Union  were  excited  in  Iwhalf  of '  the 
children  of  the  forest,'  who  were  represented  as 
indignantly  spuming  the  gold,  which  was  otUn,! 
to  entice  them  from  the  graves  of  their  fathers 
and  resolutely  determined  never  to  abandon  them, 
The  incidents  of  the  plot  being  thus  prepared,  tlii. 
affair  hastens  to  its  consummation.  A  new  treaty 
is  negotiated  here — a  pure  and  spotless  traitii. 
The  rights  of  (Jeorgia  and  of  Alabama  are  sacri- 
ficed ;  the  United  States  obtain  a  part  of  tlie  lands, 
and  pay  double  the  amount  stipulated  by  the  old 
treaty ;  and  those  poor  and  noble,  and  unsophis- 
ticated  sons  of  the  forest,  having  succeeded  in 
imposing  on  the  simplicity  of  this  government, 
next  concert,  under  its  eye,  and  with  its  know- 
ledge, the  means  of  defrauding  their  own  constitii- 1 
ents,  the  chiefs  and  warriors  of  the  Creek  natic 

"  For  their  agency  in  exciting  the  Creeks  to  I 
resist  the  former  treaty,  and  in  deluding  this 
government    to  annul    it,    three    Cherokees- 
Ridge,  Vann,  and  tlie  father  of  the  former— m 
to   receive  forty   thousand   pollars    of  the 
money  stipulated  to  be  paid  by  the  United  States  | 
to  the  chiefs  of  the  Creek  nation ;  and  the  govern- 
ment, when  informed  of  the  projected  fraud,  deems  I 
itself  powerless  to  avert  it.    Nay,  when  apprised 
liy  your  amendment,  that  you  had  also  detected 
it,  that  government  does  not  hesitate  to  intcrjiosi, 
by  one  of  its  high  fimctionaries,  to  resist  yoiir 
proceeding,  by  a  singular  fatuity,  thus  giving  in 
countenance  and  support  to  the  conimission  of 
the  fraud.     Sir,  I  speak  of  what  has  passfll 
before  your  eyes  even  in  this  hall. 

"  One  fifth  of  the  whole  purchase  money  is  to  I 
be  given  to  three  Ch'^okees.  Tkn  thols.akd 
DOLLARS  reward  one  ;f  the  heroes  of  Fort  I 
Minis — a  boon  which  i  so  well  becomes  us  to  I 
bestow.  A  few  chotan  favorites  divide  anion; 
themselves  upwards  of  one  hundred  and  fiftvI 
thousand  dollars,  leaving  a  pittance  for  distri-l 
bution  among  the  great  body  of  the  chiefs  and] 
warriors  of  the  nation. 

"  But  the  administration,  though  it  condemns 
the  fraud,  thinks  that  we  have  no  power  to  [iix'-j 
vent  its  consummation.  What,  sir,  have  we  nol 
power  to  see  that  our  own  treaty  is  carried  into  I 
effect?  Have  we  no  interest  in  doing  so  1  Iliivej 
wo  no  power?  We  have  stipulated  for  the pav[ 
ment  of  two  hundred  and  fortv-seven  thou.sjinJ  I 
dollars  to  the  chiefs  of  the  Creek  nation, /ofel 
distnbuted  among  the  chiefs  and  warriors  A 
that  nation.  Is  not  the  distribution  part  (Ji[ 
the  contract  as  well  as  the  payment  7  We  knowl 
that  a  few  of  those  chiefs,  in  fraudulent  violatiMl 
of  the  rights  secured  by  that  treaty,  are  alonil 
to  appropriate  this  money  to  themselves.  Artl 
we  powerless  to  prevent  it?  Nay,  must  ml 
too.  suffer  ourselves  to  be  made  the  conscioml 
instruments  of  its  consummation?  We  liiml 
made  a  bargain  with  a  savage  tribe  which  youl 
choo.se  to  dignify  with  the  name  of  a  treaty! 


cmccrning  whom  we 

nnt.  or   without   it.  a 

eves.    We  know  tlmt 

liieni  are  aljout  to  che 

h.ive  the  means  in  out 

their  corrupt  purpo.se  ca 

we  not  the  right  to  sec  ( 

honestly  fulfillwl?    Coi 

honesty,  nan  we  put  the 

the  contract  into  the  1 

know  are  about   to   dc 

inisted  them  ?    Sir,  the 

••Mr.  Forsyth  (of  th( 

tives)  said :  A  sttipendo 

intended  by  the  delegatic 

ihe  S'-cretary  of  War,  < 

chiefs  coi.ip^sing  the  Cr 

sisted  by  thei    Cheroket 

iiad  combined  to  put  intc 

ihn.se  of  a  few  select  fr 

t!iree  fourths  of  the  first ; 

the  second  cession  of  th 

sia.    The  facts  connectei 

althongh  concealed  fron 

I  second  contract  was  befo 

and  from  the  House  whe 

10  (arry  it  into  effect  wi 

ivere  perfectly  understooi 

[mont  by  the  Secretary,  i 

is  called  the  head  of  tb 

Thomas  L.  JIcKinnoy). 

[some  strange  fortune,  di 

fraud,  after  the  ratificatic 

before  they  acted  on  the  a 

ed,  by  an  amendment  to  t 

J  success  of  the  profitable  s( 

House,  entirely  ignorant 

j. suspecting  the  motive  of  tl 

Ijected  it,  insisted  upon  th 

land  a  committee  of  the  twc 

Iconferred  on  the  subject.   ; 

lascertained  by  the  separai 

Imittecs,  there  can  bo  no  d 

tiie  great  point  of  defeating 

Jrv  of  the  delegation  and  se 

[tribe.    The  only  matter  w 

Jsion,  is,  how  shall  the  trc 

-how  shall  the  Creek  tri 

Jtlio  abominable  designs  o 

[iinprincipled  agents  ?    Wil 

V'ed  by  the  committee  ret 

plan  is,  to  pay  the  mone 

divided  among  the  chiefs 

the  direction  of  the  Secrc 

^ouncil  of  the  nation,  conve 

suppose  the  council  in  solei 

lefore  them,  and  the  divisi 

mder  the  dii'ection  of  the 

nay  not  the  chiefs  and  tl 

he  money,  as  promi.sed  to  tl 

Ind  how  will  the  Secretar 

[he  claim  ?  They  assented- 

pive  that  the  only  difHcuK 

Ihe  bribe.    The  Secretary  \ 

liigh  as  five  thousand  dol 


ANNO  l<^2rt.    JOHN  QUINrV  ADAMS,  PRESIDENT. 


63 


.■.mccrninp  wliom  we  lepislntc  with  their  con- 
viit.  or  witlioHt  it.  as  it  seems  pood  in  our 
eve'?.  ^^*5  know  thnt  some  ten  or  twenty  of 
tiiem  nre  nlxMit  to  cheat  the  remainder.  We 
l,avc  the  means  in  otir  hands,  without  which 
iheir  corrupt  purpose  cannot  he  effected.  Have 
vie  not  tlio  ripht  to  sec  that  our  own  harpain  is 
honestly  fuHlile<l?  Con.sistently  with  common 
honesty,  can  wc  put  the  considerntion  money  of 
the  contract  into  tho  hands  of  those  who  we 
know  are  ahout  to  defraud  tho  people  who 
trusted  them  ?    Sir,  tlie  proposition  is  absurd. 

"Mr.  Forsyth  (of  tho  IIouso  of  Representa- 
tives) said :  A  stupendous  fraud,  it  seems,  was 
•ntendcd  by  the  delepition  who  had  formed,  with 
the  S'-cretary  of  War,  tho  new  contract.    The 
cliiefs  coiiijw^sinp;  the  Creek  diplomatic  train,  as- 
sisted by  thei  ■  Cherokee  secretaries  of  legation, 
1  iiad  combined  to  put  into  their  own  pockets,  and 
1  ilinsc  of  a  few  select  friends,  somewhere  about 
I  tliree  fourths  of  the  first  payment  to  be  made  for 
il;e  second  cession  of  the  lands  lyiwg  in  Gcor- 
sria.    The  facts  connected  with  this  transaction, 
althoiish  concealed  from  tho  Senate  when  the 
i-ccoiid  contract  was  before  them  for  ratification, 
ami  from  tho  House  when  the  appropriation  bill 
to  larry  it  into  effect  was  under  consideration, 
were  perfectly  understood  at  the  War  Depart- 
I  niont  by  tho  Secretary,  and  by  his  clerk,  who 
i<  called  the  head  of  tho  Indian  Bureau  (Mr. 
[  Thomas  L.  McKinnoy).     The  Senate  having,  by 
I  pome  strange  fortune,  discovered   the  intended 
Ifniiid,  after  the  ratification  of  the  contract,  and 
1  before  they  acted  on  the  appropriation  bill,  wish- 
led,  by  an  amendment  to  the  bill,  to  prevent  the 
I  success  of  the  profitable  scheme  of  villany.     The 
I  House,  entirely  ignorant  of  the  facts,  and  not 
iispecting  the  motive  of  the  amendment,  had  re- 
jjected  it,  insisted  upon  their  disagreement  to  it, 
and  a  committee  of  the  two  Houses,  as  usual,  had 
conferred  on  the  subject.   Now,  that  the  facts  are 
ascertained  by  the  separate  reports  of  the  Com- 
mittees, there  can  bo  no  difference  of  opinion  on 
the  preat  point  of  defeating  the  intended  treache- 
ry of  the  delegation  and  secretaries  to  the  Creek 
tiibo.    The  only  matter  which  can  bear  discus- 
sion, is,  how  shall  the  treachery  be  punished  ? 
j-ho\v  shall  the  Creek  tribe  bo  protected  from 
tlio  abominable  designs  of  their  worthless  and 
unprincipled  agents  ?    W"ill  the  omendment  pro- 
sed by  the  committee  reach  their  object  1    The 
ilan  is,  to  pay  tho  money  to  the  chiefs,  to  be 
ivided  among  the  chiefs  and  warriors,  under 
lie  direction  of  the  Secretary  of  War,  in  a  full 
ouncil  of  the  nation,  convened  for  the  purpose. 
appose  the  council  in  solemn  session,  tho  money 
fore  them,  and  the  division  about  to  be  made, 
nder  the  direction  of  the  Secretary  of  War — 
lay  not  the  chiefs  and  their  secretaries  claim 
Ihe  money,  as  promised  to  them  under  the  treaty, 
nd  how  will  the  Secretary  or  his  agent  resist 
he  claim  ?  They  assented — tho  House  will  pcr- 
ive  that  the  only  difficulty  was  the  amount  of 
he  bribe.    The  Secretary  was  willing  to  go  as 
igh  as  five  thousand  dollars,  but  could  not 


stretch  to  ten  thousand  dollars.     Notwittist.mfl- 
ing  the  assent  of  the  t 'herokpcs,  and  the  dfi-Inra- 
tion  of  the  .Seon'tary,  that  five  thousand  dollars 
each  was  the  extent  that  thoy  could  l)e  allowvd. 
Uidpe  and  Vann,  after  tho  treaty  was  si^rni'd.  and 
before  it  was  acted  on  by  tho  JSonatc.  i>r  sulmiit- 
ted  to  that  l)ody,  brought  a  pajx'r.  the  i)recious 
list  of  the  price  of  each  traitor,  f()r  tho  inspection 
and  information  of  the  head  of  tho  btireau  and 
the  head  of  the  department ;  an<l  what  answer 
did  they  receive  from  both?     The  head  of  the 
bureau  said  it  was  their  own  affair.     The  Sorre- 
tary  said  he  presumed  it  was  their  own  affair. 
But  I  ask  this  House,  if  the  engagement  for  the 
five  thousand  dollars,  and  tho  list  of  the  sums  to 
be  distributed,  may  not  be  claimed  as  part  of  this 
new  contract?    If  these  persons  have  not  a  rijjht 
to  claim,  in  the  face  of  the  tribe,  these  sums,  as 
promised  to  them  by  their  (Jrcat  Father?    Ay. 
sir;  and,  if  they  are  powerful  enou;rh  in  the 
tribe,  they  will  enforce  their  claim.    I'lidor  what 
pretext  will  your  Secretary  of  War  direct  a  diP 
ferent  disposition  or  divi.sion  of  the  money,  after 
his  often  repeated  declaration,  '  it  is  their  own 
affair' — the  affair  of  the  delegation?    Yes.  sir, 
so  happily  has  this  business  been  managed  at  tho 
seat  of  government,  imder  the  Kxecutivc  eye. 
that  this  division  which  the  negotiators  proposed 
to  make  of  the  spoil,  may  be  termed  a  part  of  the 
consideration  of  the  contract.    It  must  be  con- 
fessed  that  these  exquisite  ambassadors  were 
quite  lilHjral  to  themselves,  their  secretaries,  and 
particular  friends:  one  hundred  and  fifty-nine 
thousand  seven  hundred  dollars,  to  be  divided 
among  some  twenty  persons,  is  pretty  well ! 
What  name  shall  we  give  to  this  division  of 
money  among  them  ?    To  call  it  a  bribe,  would 
shock  tho  delicacy  of  the  War  Department,  and 
possibly  offend  those  gentle  spirited  politicians, 
who  lescmble  Cowper's  preachers,  '  who  coulcl 
not  mention  hell  to  ears  polite.'    Tho  transcend- 
ent criminality  of  this  design  cannot   be  well 
understood,  without  recalling  to  recollection  tho 
dark  and  blooci/  scenes  of  the  j  oar  past.     Tho 
chief  Mcintosh,  distinguished  at  all  times  by  his 
courage  and  devotion  to  the  whites,  deriving  his 
name  of  the  AVhite  Warrior,  from  his  mixed  pa- 
rentage, had  formed,  with  his  party,  the  treaty 
of  the  Indian  Springs.    He  was  denounced  for  it. 
His  midnight  sleep  was  broken  by  the  crackling 
flames  of  his  dwelling  burning  over  his  head. 
Escaping  from  the  flames,  he  was  shot  down  by 
a  party  acting  under  the  orders  of  the  persons 
who  accused  him  of  betraying,  for  his  own  selfish 
purposes,  the  interest  of  the  tribe.     Those  who 
condemned  that  chief,  the  incendiaries  and  the 
murderers,  arc  the  negotiators  of  this  now  con- 
tract ;  the  one  hundred  and  fifty-nine  thousand 
dollars,  is  to  be  the  fruit  of  their  victory  over  the 
assassinated  chief.    What  evidence  of  fraud,  and 
selfi.shness,  and  treachery,  has  red  or  white  malice 
been  able  to  exhibit  against  th"  ("load  wairior  ? 
A  reservation  of  land  for  him,  in  the  contract  of 
1821,  was  sold  by  him  to  the  United  States,  for 
twenty-five  thousand  dollars;  a  price  he  ':ould 


- 1 


H 


3> 
Si 


C4 


TIlIRrV'  YEARS'  VIEW, 


}iav<;  olitikiiU'fl  from  inili^'idiinls,  if  IiIh  title  had 
l<een  (Icciik-iI  .secure.  'I'liis  sitle  of  pro|X'rty  piven 
to  him  l)y  I'lie  tril)e.  was  tiie  foiiiKliitioii  of  the 
Ciiluiiinie.  that  have  lieeii  lieaix'd  >i]K)n  his  iiiciiio- 
ry.  and  tlie  caii.se  wiiich.  in  the  eyes  of  our  ail- 
niiiiistralion  iiewsiiaiK;rt'(htor.s.  Hcrihhlers,  and  re- 
viewers, Justilied  his  exenition.  Now,  sir,  the 
executioners  are  to  Itc  rewarded  by  pillapin^  the 
piihiic  Trea><iiry.  I  hxik  witii  some  curiosity  for 
tiie  nidi^nant  <lenuneiations  of  this  accidentally 
discovered  treachery.  J'erhaps  it  will  be  dis- 
coven-d  that  all  this  new  business  of  the  Creeks 
is  '  their  own  afliiir,'  witlnvhich  the  wliite  editors 
and  reviewers  liave  nothinf;  to  do.  Fortunately, 
Mr.  V.  .sjiid.  Congress  had  fiomethin<»  to  do  with 
this  affair.  >\'e  owe  u  j  istice  to  the  tribe.  This 
ainen(hnent,  he  feared,  would  not  do  justice.  The 
power  of  Confrress  should  be  cxertecl,  not  only  to 
keep  the  money  out  of  the  hands  of  the.sc  wretch- 
es, but  to  secure  a  faithful  and  equal  distribution 
of  it  among  the  whole  Creek  nation.  The  whole 
tribe  hold  the  land ;  their  title  by  occupancy 
resides  in  all ;  all  are  rightfully  claimants  to  equal 
ywrtions  of  the  price  of  their  removal  from  it. 
The  country  is  not  aware  how  the  Indian  annui- 
ties are  distributed,  or  the  moneys  paid  to  the 
tribes  disposed  of.  They  are  divided  according 
to  the  discretion  of  the  Indian  government,  com- 
pletely aristocraticftl — all  the  powers  vested  in  a 
few  chiefs.  Mr.  I'\  had  it  from  authority  he 
could  not  doubt,  that  the  Creek  annuities  had, 
for  years  past,  been  divided  in  very  unequal  pro- 
portions, not  among  the  twenty  thou.sand  souls 
of  which  the  tribe  was  believed  to  be  composed, 
Ijut  among  about  one  thousand  live  hundred 
chiefs  and  wari'iors. 

"Mr.  For.syth  expressed  hi.s  hope  that  the 
House  would  reject  the  report  of  the  committee. 
Ik'fore  taking  his  scat,  he  asked  the  indulgence 
of  the  House,  while  he  made  a  few  comments  on 
tliis  list  of  worthies,  and  the  prices  to  be  paid  to 
each.  At  the  head  of  the  list  stands  Mr.  Ilidge, 
with  the  stmi  of  jj!l5,000  opposite  to  his  elevated 
name.  This  man  is  no  Creek,  but  a  Cherokee, 
educated  among  the  whites,  allied  to  them  by 
marriage — has  received  lessons  in  Christianity, 
morality,  and  sentiment — {terfectly  civilized,  ac- 
cording to  the  rules  and  customs  of  Cornwall. 
This  negotiation,  of  which  he  has  been,  cither  as 
actor  or  instrument,  the  principal  manager,  is  an 
admirable  proof  of  the  benefits  ho  has  derived 
from  his  residence  among  a  moral  and  religious 
people.  Vann,  another  Cherokee,  half  savage 
and  half  cinli/.cd,  succeeds  him  with  S15.0U0 
bounty.  A  few  inches  below  comes  another 
Kidgo,  the  major,  father  to  the  secretary — a  gal- 
lant ohl  fellow,  who  did  .some  service  against  the 
hostile  Creok.s,  during  the  late  war,  for  which  ho 
deserved  and  received  acknowledgments — but 
what  claims  he  had  to  this  Creek  money,  Mr.  F. 
<'ould  not  comprehend.  Probably  his  name  was 
used  merely  to  cover  another  gratuity  for  the 
son,  whose  modesty  would  not  permit  him  to 
take  more  than  .Ijl  15,000  in  his  own  name.   The.se 


('herokces  were  topethcr  to  receive  .S4(i.(Hiii ,/ 
Creek  money,  and  the  .Secretary  of  Wuy  i,  , 
opinion  it  is  quite  consistent  with  the  ciinirfic 
whicli  provides  for  the  distribution  of  it  tuui,i  ■ 
the  chiefs  and  warriors  of  the  Creeks.  |,(k,^" 
sir.  at  the  (iistincti<m  made  for  these  exqiiisii,; 
VojK)thle  i'oholo,  who.se  word  General  (iamK 
would  take  against  the  congregated  world,  is  <,• 
down  for  but  ^'10,0^)0.  The  Little  rrince  l,i,i 
■SIO.OOO.  Even  Menawee,  distinguished  as  jici, 
as  the  leader  of  the  party  who  murdered  Mclnio.li 
and  Etome  Tustunnuggee — as  one  of  the  acciir«<j 
band  who  butchered  three  hundred  men,  wonini. 
and  children  at  Fort  Mims — has  but  .<$10,iniii 
A  distinguishea  lied  Stick,  in  these  days,  whe^ 
kindness  to  Indians  is  shown  in  proportion  to 
their  opposition  to  the  policy  of  the  (ieneral  Gov. 
crnment,  might  have  expected  better  treatmont 
— only  ten  thousand  dollars  to  our  enemy  in  war 
and  in  peace!  But,  sir,  I  will  not  detain  tli«j 
IIou.se  longer.  I  should  hold  myself  criminal  ij 
I  had  exposed  these  things  unnecessarily  or  ui^ 
les.sly.  That  patriotism  only  is  lovely  whicii, 
imitating  the  filial  piety  of  the  sons  of  the  Patn| 
arch,  seeks,  w^ith  avertetl  face,  to  cover  tho  nakci 
ness  of  the  country  from  the  eye  of  a  vulgar  and 
invidious  curiosity.  But  the  commands  of  publ^ 
uuty  must  be  obeyed ;  let  those  who  have  in. 
posed  this  duty  upon  us  answer  for  it  to  tb(| 
people." 

"  Mr.  Tatnall,  of  Geo.  (H.  R.)  He  was  as  con-l 
fidcnt  as  his  colleagues  could  be,  that  the  foulejJ 
fraud  had  been  projected  by  some  of  tlie  individ. 
uals  calling  themselves  a  part  of  the  Creek  dele- 
gatiou,  and  that  it  was  known  to  the  depart- 
ment of  war  before  the  ratification  of  the  trcatv, 
and  was  not  communicated  by  that  d^partnuitl 
to  the  Senate,  either  before  or  during  the  fKii- 
dcncy  of  the  consideration  of  the  treaty  by  tlutl 
body.  Mr.  T.  said  he  would  not,  however,  fe 
the  reasons  just  mentioned,  dwell  on  this  ground 
biit  would  proceed  to  state,  that  he  was  in  favoi 
of  the  amendment  ofil'ered  by  the  committee  m 
conference,  (and  therein  he  differed  from  his  coif 
league),  which,  whilst  it  would  effectually  pre- 
vent the  commission  of  the  fraud  intended,  would! 
also,  avoid  a  violation  of  the  terms  of '  the  ncil 
treaty,'  as  it  was  styled.  He  stated,  that  tlifl 
list  which  he  held  in  his  hand  was,  itself,  cow 
elusive  evidence  of  a  corrupt  intention  to  diviw 
the  greater  pp.rt  of  the  money  among  the  itifl 
persons  named  in  it.  In  this  list,  different  sui 
were  written  opposite  the  names  of  dilflrent 
dividuals,  such,  lor  instance,  as  the  folioHinir|| 
'John  Ilidge,  ^15,000— Joseph  A'ann,  1;J.(«V| 
(both  Cherokees,  and  not  Creeks,  and,  therefortl 
not  entitled  to  one  cent)  The  next,  a  loiij:  aiT 
barbarous  Indian  name,  which  I  shall  not  alj 
tempt  to  pronounce,  '1^10,000'— not,  Join 
Stcdham,  '  ^10,000,'  &c.  This  list,  as  it  appeiu^ 
in  the  documents  received  from  the  Secretary « 
AVar,  was  presented  to  the  war  dcDartnient  I 
Kidgo  and  Vaun." 


THE  PANAJ 

Tiir  lii,>itory  of  this  mi.* 

HJii  (I'ur  it  never  took  c 

jaiietioned   by  both  IIoi 

.iiTvcs  a  place  in  this  insi 

ofoiir  government.     Tl 

into  oblivion,  and  its  nai 

iras  a  master  subject  oi 

uiiring  its  day;  and  gav 

national,  and  of  constitui 

Liial  policy,  the  importa 

the  occasion  from  which 

iliition  of  which'  (as  tl 

iomc  guide  to  future  actio 

igain  occur.     Besides  th( 

rliich  the  subject  gave  ri 

•aue  one  of  unu.sual  anc 

It  agitated  the  people,  mad 

lie  two  Houses  of  Congre 

ions  of  parties  and  individi 

;fore  which  Congress  be; 

!tn-een  the  President  and 

tlie  duel  between  Mr.  Ra 

was  an  administration  r 

ail  the  means  known  t 

was  evidently  relied  upo 

E  upon  the  people— as  a 

"lich  might  have  the  effect 

lich  was  then  running  higl 

|d  Mr.  Clay  on  account  of 

mse  of  Representatives,  i 

les  of  the  inaugural  addrc 

jal  message:   and  it   \i 

;ined  for  that  purpose.     : 

ffemcnt,  and  republican. 

the  American  states  of  Spa 

lor  their  mutual  safety 

presenting  the  natural  w 

ites  to  place  herself  at   t 

!st  si.ster  of  the  new  repu 

'se  example  and  institutio 

wed.  The  monarchies  of  j 

Holy  Alliance,"  to  cheol 

i«y:  it  seemed  just  that 

Xew  W'orlil  should  confec 

gcrs  of  de.spoti.sm.   The  su 

t;  and  the  name  and  pla( 


ANNO  1826.    JOHN  QUINCY  ADAMS,  I'ULslDENT. 


Gft 


CHAPTER    XXV. 

THE  PANA.MA  MISSION. 

fur.  lii.story  of  this  mission,  or  attempted  mis- 
Lioii  (lor  it  never  tooit  edect,  though  eventually 
Lanctioned   by  both  Houses  of   Congres.s),  de- 
I  fiTves  a  place  in  this  inside  view  of  the  working 
lofoiir  government.     Though  long  since  sunk 
liiuo  oblivion,  and  its  name  almost  forgotten,  it 
Las  a  master   subject  on  the  political  theatre 
luiiring  its  day ;  and  gave  rise  to  questions  of 
Inational,  and  of  constitutional  law,  and  of  na- 
Lional  policy,  the  importance  of  which  survive 
Ithc  occasion  from  which  they  sprung ;  and  the 
oliUion  of  which    (as  then  solved),   may  be 
Lome  guide  to  future  action,  if  similar  questions 
Lain  occur.     Besides  the  grave  questions  to 
irhicb  the  subject  gave  rise,  the  subject  itself 
K-aue  one  of  unusual  and  painful  excitement. 
It  agitated  the  people,  made  a  violent  debate  in 
llie  t«o  Houses  of  Congress,  inflamed  the  pas- 
Ions  of  parties  and  individuals,  raised  a  tempest 
lefore  which  Congress  bent,  made  bad  feeling 
letweeu  the  President  and  the  Senate ;  and  led 
)  the  duel  between  Mr.  Randolph  and  Mr.  Clay. 
t  was  an  administration  measure,  and  pressed 
rail  the  means  known  to  an  administration. 
[was  evidently  relied  upon  as  a  means  of  act- 
Ig  upon  the  people — as  a  popular  movement, 
hich  might  have  the  effect  of  turning  the  tide 
bich  was  then  running  high  against  Mr.  Adams 
|d  Mr.  Clay  on  account  of  the  election  in  the 
louse  of  Representatives,  and  the  broad  doc- 
nes  of  the  inaugural  address,  and  of  the  first 
bual  meiisage:   and  it  was    doubtless   well 
gincJ  for  that  purpose.     It  was  an  American 
bvemeiit,  and  republican.     It  was  the  asseml)Iy 
|the  American  states  of  Spanish  origin,  counsel- 
lor their  mutual  safety  and  independence; 
1  presenting  the  natural  wish  for  the  United 
ktes  to  place  herself  at  their  head,  as   the 
]est  sister  of  the  new  republics,  and  the  one 
cse  example  and  institutions  the  others  had 
bned.  The  monarchies  of  Europe  had  formed 
flloly  Alliance,"  to  check  the  progress  of 
krty;  it  seemed  just  that  the  republics  of 
jXew  World  should  confederate  against  the 
Igcrs  of  despotism.   The  subject  had  a  charm  i 
It;  and  the  name  and  place  of  mneting  re-  \ 

Vol.  I.— 5 


called  chwsic  and  cherished  recollect  ion.'*.  It 
was  on  an  isthmus — the  Isthmus  of  Panama — 
which  connected  the  two  Americas,  the  (irccian 
republics  had  their  isthmus — that  of  Corinth — 
where  their  deputies  assembled.  All  the  ad- 
vantages in  the  presentation  of  the  <juestion 
were  on  the  side  of  the  administration.  It  ad- 
dressed itself  to  the  imagination — to  the  pas- 
sions— to  the  prejudices; — and  could  only  be 
met  by  the  cold  and  sober  suggestions  of  reason 
and  judgment.  It  had  the  prestige  of  name 
and  subject,  and  was  half  victor  before  the  con- 
test began ;  n.id  it  required  bold  men  to  make 
head  against  it. 

The  debate  began  in  the  Senate,  upon  the  nomi- 
nation of  ministers ;  and  as  the  Senate  sat  with 
closed  doors,  their  objections  were  not  hearc!, 
while  numerous  presses,  and  popular  speakers, 
excited  the  public  mind  in  favor  of  the  measure^, 
and  inflamed  it  against  the  Senate  for  delaying 
its  sanction.  It  was  a  plan  conceived  by  the  new 
Spanish  American  republics,  and  prepared  as  a 
sort  of  amphictyonic  council  for  the  settlement 
of  questions  among  themselves;  and,  to  which, 
in  a  manner  which  had  much  the  appearance  of 
our  own  procuring,  we  had  received  an  invitation 
to  send  deputies.  The  invitation  was  most  seduc- 
tively exhibited  in  all  the  administration  presses ; 
and  captivated  all  young  and  ardent  iuiagina- 
tions.  Tiie  people  were  roused :  the  majoritv  in 
both  Houses  of  Congress  gave  way  (many  ij  .v  st 
their  convictions,  as  they  frankly  told  me),  while 
the  project  itself — our  participation  in  it — was 
utterly  condemned  by  the  principles  of  our  con- 
stitution, and  bj'  the  poWcy  which  forbade  •'  en- 
tangling alliances,"  and  the  propcsou  congress 
itself  was  not  even  a  diplomatic;  body  to  which 
minister.''  could  be  sent  under  the  law  of  nations. 
To  counteract  the  effect  of  this  outside  current, 
the  Senate,  on  the  motion  of  Mr.  Van  Buren, 
adopted  a  resolve  to  debate  the  question  with 
open  doors,  "  unless,  in  the  opinion  of  the  Presi- 
dent, the  publication  of  documents  necessary  to 
be  referred  to  in  debate  should  be  prejudicial  to 
existing  negotiations:"  and  a  copy  of  the  resolve 
was  sent  to  Mr.  Adams  for  his  opinion  on  that 
point.  Ho  declined  to  give  it,  and  left  it  to  the 
Senate  to  decide  for  itself,  "  the  question  nf  an 
unexampled  departure  from  its  oicn  usages, 
and  upon  the  motives  of  which,  not  being  him- 
self i/iformed,  he  did  not  feel  himself  competent 
to  decide."    This  reference  to  the  motives  of  the 


.'"f 


r,G 


TIIIBTY  YKAIIS'  VIEW 


memlKTs,  and  the  usajrcs  of  the  ScnaU',  with  its 
clear  iinpliiiatirm  of  tlie  badiiesfi  of  omi,  and  the 
violatioi.  cf  'lie  other,  pave  great  offenco  in  the 
Senate,  and  even  led  to  a  projwsition  (made  by 
Mr.  Ilowan  of  Kentucky),  not  to  act  on  the  nom- 
inations until  the  information  rcfiuestcd  should 
be  given.  In  the  end  the  Senate  relinquished  the 
idea  of  a  public  debate,  and  contented  itself  with 
its  publication  after  it  was  over.  Mr.  John  Ser- 
fieant  of  Pennsylvania,  and  Mr.  Richard  Clark 
Anderson  of  Kentucky,  were  the  ministers  nomi- 
nated ;  and,  the  (|uestioa  turning  wholly  upon  the 
mission  it.seir.,.,,d not  upon  the  persons  nominated 
ytn  wliose  fitncB'!  there  \-os  no  otijection),  they 
were  confirm  i  .y  a  clo.se  vote— 24  to  20.  The 
negatives  were :  11°"«  s.  Tier' ton,  Berrien.  Branch. 
Chandler,  Co'  h  (Thomas  AV.  cf  Georgia),  Dick- 
erson,  Eaton,  I  indlay,  Ilayne,  Holmes  of  Maine, 
Kane,  King  of  Alabama,  Macon,  Kandolph.  Taze- 
well, Rowan,  Van  Burcn,  White  of  Tennessee, 
Williams  of  Mississippi,  Woodbury.  The  Vice- 
President,  Mr.  Calhoun,  presiding  in  the  Senate, 
had  no  vote,  the  constitutional  contingency  to 
authorize  it  not  hav'ng  occurred :  but  he  was  full 
and  free  in  the  expression  of  his  opinion  against 
the  mission. 

It  was  ve"y  nearly  a  party  vote,  the  democracy 
as  a  party,  being  against  it :  but  of  those  of  the 
party  who  voted  for  it,  the  design  of  this  history 
(which  is  to  show  the  working  of  the  govern- 
ment) reiiui'-es  it  to  bo  told  that  there  ',vas  after- 
wards, either  to  themselves  or  relatives,  some 
large  dispensations  of  executive  patronage.  Their 
rotes  may  have  been  conscientious ;  but  in  that 
case,  it  would  have  been  better  to  have  vin- 
dicated the  disinterest^idness  of  the  act,  by  the 
total  refusal  of  executive  favor.  Mr.  Adams 
commenced  right,  by  askirg  the  advice  of  the 
Senate,  before  he  instituted  the  mission ;  but  thr 
manner  in  which  the  object  was  pursued,  made  it 
a  matter  of  opposition  to  the  administration  to 
refuse  it,  and  greatly  impaired  the  harmony 
which  ought  to  exist  between  the  President  and 
the  Senate.  After  all,  the  whole  conception  of  the 
Panama  congress  was  an  abortion.  It  died  out 
of  itself,  without  ever  having  been  once  held — 
not  even  by  the  states  which  had  conceived  it. 
It  was  incongruous  and  impracticable,  even  for 
them, — more  apt  to  engender  disputes  among 
themselves  than  to  harmonize  action  against 
Spain, — and  utterly  foreign  to  us,  and  dangerous 
to  our  peace  and  institutions.    The  basis  of  the 


agreement  for  the  congres.«,  was  the  existing  staL. 
of  war  between  all  the  new  states  and  the  niottn, 
country — .Spanish  pride  and  policy  being  slow  • 
acknowledge  the  independence  of  revolted  co'r^ 
nies,  no  matter  how  independent  in  fact ;— nn'j 
the  wish  to  establish  concert  among  thcmsclvt-i 
in  the  mode  of  treating  her  commerce,  and  tha: 
of  such  of  her  American  possessions  (CuU 
Porto  Rico),  as  had  not  thrown  off  their  subjtc. 
tion.  We  were  at  peace  with  Spain,  and  couli 
not  go  into  any  such  council  without  compron. 
ising  our  neutrality,  and  impairing  the  integritv 
of  our  national  character.  Besides  the  diflicuj. 
ties  it  would  involve  with  Spain,  thei'e  was  ono 
subject  specified  in  the  treaties  for  discussion  an"! 
settlement  in  that  congress,  namely,  the  consid. 
erations  of  future  rc'ations  with  the  governmeti 
of  Haiti,  which  would  have  been  a  firebrand  b 
the  southern  half  of  our  Union, — not  to  be  haj. 
died  or  touched  by  our  goverment  any  where 
The  publication  of  the  .secret  debates  in  the  Scnati 
on  the  nomination  of  the  ministers,  and  the  m\y 
lie  discussion  in  the  House  of  Representatives  cj 
the  appropriation  clauses,  to  carry  the  mission 
into  effect,  succeeded,  after  some  time,  in  iii,J 
sipating  all  the  illusions  which  had  fascinated  tJ 
public  mind  —turned  the  current  against  the  id 
ministration — made  the  project  a  new  head  i 
objection  to  its  authors ;  and  in  a  short  time 
would  have  been  impossible  to  obtain  anya 
sidoration  for  it,  either  in  Congress  or  before  tl 
people.  It  is  now  entirely  forgotten,  but  desen 
to  be  remembered  in  this  View  of  the  workin" 
the  government,  to  show  the  questions  of  poJicrJ 
of  national  and  constitutional  law  which  w 
discussed — the  excitement  which  can  be  gotii' 
without  foundation,  and  against  reason—! 
public  men  can  bend  before  a  storm-^ow  all 
departments  of  the  government  can  go  wrong:' 
and  how  the  true  conservative  power  in 
country  is  in  the  people,  in  their  ju^meiit 
reason,  and  in  steady  appeals  to  their  inteliigci 
and  patriotism. 

Mr.  Adams  communicated  the  objects  ui  ll 
proposed  congress,  so  far  as  the  United  Stsii 
could  engage  in  them,  in  a  special  message 
i'lj  Senate;  in  which,  disclaiming  all  part  in 
deliberations  of  a  belligerent  character,  or  de; 
to  contract  alliances,  or  to  engage  in  any  proji 
importing  hostility  to  anj'  other  nation,  he  cm 
merated,  as  the  measures  in  which  we  could  wi 
take  part,  1.  The  establishment  of  liberal  pi 


fiplfs  of  commercial 
[oscfl  could  bo  best  ^ 
the  .American  states  i 
tjneoiis  adoption  of  pi 
irnlity.    3.  The  docti 
(nv  poods.    4.  An  Eg 
ductrinc,"  as  it  is  calh 
the  congress,  each  sti 
means,  its  own  territo 
colonization.    The  enii 
so  different  from  what 
posed  to  be,  as  bindi 
cuard  all  the  territory 
Kiiropcan  colonization, 
this  pas.sage  from  Mr.  Ac 
ivords.  They  are  these: 
all  (he  parties  represen 
('.mil  will  guard,  by  its 
establishment  of  any  f 
within  its  borders,  mav  1 
was,  more  than  two  yes 
my  predecessor  to  the  w 
suiting  fro.m  the  emancip 
rican  continents.     It  mai 
new  .southern  nations,  th 
an  essential  appendage  ( 
The.se  were  the  words  ol 
iiwn  a  member  of  Mr. 
tilhng:  the  department  fn 
would  emanate  J   writter 
cniini^iation  of  it  was  sti 
[iiimsclf,  in  a  communica 
LSi'iiate,  was  laying  it  dowr 
he  American  nations  in  a  g 
eputics.    The  circumstai 
Mtion  render  it  incredible 
lie  deceived  in  his  under,'^ 
ill?  to  him,  this  "Monroe 
'0  which  it  has  been  of  J 
'nited  States  were  to  stan 
iiicricas,  and  repulse  al 
\Tm  their  shores),  was  enf 
•"■"borders:  that  it  was 
lif  other  states  of  che  New 
Ml  for  itself,  and  by  its 
["■"•<1  its  own  territories : 
:it  the  United  States,  so 
atiiitous  protection  to  th. 
lates,  would  neither  give,  n 

'ch  enterprise,  but  that  eaci 

'•"■S  within  its  own  border 

"11  from  European  coloni.aJ  i 


■I 

:4 


« 


ANNO  182«.    JOHN'  QUIXCY  APAMS,  I'lUMDF.NT. 


r,7 


fiplcs  of  commercial  intercoiirrp,  whirh  he  Kiip- 
|Osc<l  roiild  Im!  best  done  in  an  nsReml)ly  of  »" 
tlic  American  states  tojiether.      2.  Tl^c  conson- 
tmeoiis  adoption  of  principles  of  maritime  nen- 
irnlity.     3.  The  doctrine  tlip.t  free  ships  make 
lixt!  poods.    4.  An  agreement  that  the  "  Monroe 
doctrine,"  as  it  is  called,  should  bo  adopted  by 
the  conj^ss,  each  state  to  guard,  by  its  own 
means,  its  own  territory  from  future  Europcau 
colonization.    The  enunciation  of  this  doctrine, 
so  different  from  what  it  has  of  late  been  sup- 
itofcd  to  be,  as  binding  the  United  States  to 
pmrd  all  the  territory  of  the  New  World  from 
Kiiropcan  colonization,  makes  it  proper  to  give 
tliis  passage  from  Mr.  Adams's  message  in  his  own 
ivords.  They  are  these :  "An  agreement  between 
all  the  parties  represented  at  the  meeting,  that 
each  will  guard,  by  its  own  means,  against  the 
establishment  of  any  future  European  colony 
j  within  its  borders,  may  be  found  advisable.  This 
I  wa^,  more  than  two  years  since,  announced  by 
I  niv  predecessor  to  the  world,  as  a  principle  re- 
sulting from  the  emancipation  of  both  the  Ame- 
rican continents.     It  may  be  so  developed  to  the 
new  southern  nations,  that  they  may  feel  it  as 
jail  essential  appendage  to  their  independence." 
I  Those  were  the  words  of  Mr.  Adams,  who  had 
hocn  a  meml)er  of  Mr.  Monroe's  c.-.binet,  and 
I  tilling  the  department  from  which  the  doctrine 
[would  emanate;   written  at  a  time  when  the 
lenuiiciation  of  it  was  still  fresh,  and  when  he 
Ihimself,  in  a  communication  to  the  American 
ISonato,  was  laying  it  down  for  the  adoption  of  all 
|the  American  nations  in  a  general  congress  of  their 
[mties.    The  circumstances  of  the  communi- 
[cation  render  it  incredible  that  Mr.  Adams  could 
lie  deceived  in  his  understanding ;  and,  accord- 
ing to  him,  this  "  Monroe  doctrine  "  (according 
Ito  which  it  has  been  of  late  believed  that  the 
I'nited  States  were  to  stand  guard  over  the  two 
\mcricas,  and  repulse  all   intrusive    colonists 
trum  their  shores),  was  entirely  confined  to  our 
Iwii  Itorders :  that  it  was  only  proposeu  to  get 
jlip  other  states  of  the  New  World  to  agree  that, 
laoh  for  itself,  and  by  its  own  means,  should 
liiard  its  own  territories:    and,  consequently, 
^iit  the  United  States,  so  far  from  extending 
btuitous  protection  to  the  territories  of  other 
lates,  would  neither  give,  nor  reocive,  aid  in  any 
[ich  enterprise,  but  that  each  should  use  its  own 
oar.s,  within  its  own  borders,  for  its  own  cxemp- 
on  from  European  colonial  intrusion.     5.  A  fifth 


object  proposed  by  Mr.  .Vdiinis,  in  which  he  sup- 
nosed  our  ipart'''ip.i*i<)n  in  llic  business  of  t!ui 
Panama  cf)nrrross  ?  light  be  ri;:htfiilly  and  bent- 
flcially  admitted,  n-lated  to  the  advancement  of 
religious  lil)crty :  and  iis  this  was  a  point  at 
whi'v.  the  ■ncssngo  encountered  much  ^on^uro, 
I  will  give  it  in  its  own  words.  They  are  liiose: 
"  There  is  ycc  another  subject  upon  which,  witi  - 
out  entering  into  any  trcatj*,  the  moral  intiuomo 
of  the  United  States  may,  perhaps,  be  exerted 
with  beneficial  influence  at  such  meeting — the 
advancement  of  religious  liberty.  Some  of  the 
.southern  nations  are,  even  yet,  sc  far  under  tho 
dominion  of  prejudice,  that  they  have  incorpo- 
rated, with  their  jiiolitical  constitu^'ons,  an  ex 
elusive  Church,  without  toleration  of  an|'  other 
than  the  dominant  sect.  The  abandonment  of 
this  last  badge  of  religious  bigotry  and  oppres- 
sion, may  be  pressed  more  eftectually  by  the 
united  exertions  of  those  who  concur  in  tho 
principles  of  freedom  of  conscience,  upon  those 
who  are  yet  to  be  convinced  of  their  justice  an<i 
wisdom,  than  by  the  solitary  etibrts  of  a  tninis- 
ter  to  any  one  of  their  separate  governments.' 
6.  The  sixth  anr!  last  object  'lamed  by  Mr. 
Adams  was,  to  give  proofs  of  our  good  will  to 
all  the  new  southern  republic,  by  accepting 
their  invitation  to  join  them  in  the  congress 
which  they  proposed  of  American  nations.  Tho 
President  enumerated  no  others  of  the  objects 
to  which  the  discussions  of  the  congiess might  be 
directed;  but  in  the  papers  which  he  commu- 
nicated with  the  invitations  he  had  received, 
many  others  were  mentioned,  one  of  which  was, 
"  the  basis  on  which  the  relations  with  Haiti 
should  be  placed  ; "  and  the  other,  "  to  consider 
and  settle  the  future  relations  with  Cuba  and 
Porto  Rico.' 

The  message  was  referred  to  the  Senate's 
Committee  on  Foreign  Affairs,  consisting  of  Mr. 
Macon,  Mr.  Tazewell,  and  Mr  Gailla'-d  of  South 
Carolina,  Mr.  Jlills  of  Massachu.setts,  and  Mr. 
Hugh  L.  White  of  Tennessee.  The  committee 
reported  adversely  to  the  President's  recom- 
mendation, and  replied  to  the  message,  point  by 
point.  It  is  an  elaborate  document,  of  great 
ability  and  research,  and  well  expressed  the 
democratic  doctrines  of  that  day.  It  was  pre- 
sented by  Mr.  Macon,  the  chairmen  of  the 
committee,  and  was  drawn  by  Mr.  Tazewell, 
»nd  was  the  report  of  which  Mr.  Macon,  vhc n 
complimented  upon  it,  v.-as  accustomed  to  answer, 


I , 


68 


Tllinri'  YEA  US'  VIEW. 


'•  Yes:  it  is  a  gwxl  report.    TozewiU  wrote  it." 
Hut  it  wnH  his  also ;  for  no  powtr  couM  have  i 
iiia'li!  him  present  it,  without  declaring  the  fact,  | 
if  he  iiud  not  approveil  it.    The  general  princijtle  | 
i)f  the  report  was  tliat  of  rooiI  will  and  friend-  j 
sliip  to  all  the  younj;  republics,  and  the  cultiva- 1 
tion  of  social,  coniinercial  and  jKilitical  relations 
with  each  one  individually ;  but  no  entangling 
connection,  and  no  internal  interference  with  any 
one.     On  the  sug^^estion  of  aflvancing  religious 
freedom,  the  committee  remark: 

'•  In  the  opinion  of  this  committee,  there  is  no 
proposition,  co'r  vrning  which  the  people  of  the 
United  States  nv;  u'>w  and  ever  have  been  more 
uiianimoiis,  tlian  that  which  denies,  not  merely  the 
exiMMliency.  bn*.  ^ho  rijjht  of  intermeddling  with 
the  internal  air;\i,--  of  other  states;  and  espe- 
cially .')■  Kcekjiig  le  alter  any  provision  they  may 
have  il'  -'it  jiroper  to  adopt  as  a  fundamental 
law,  o?"  ■■'■■  iMve  incorporatud  with  their  iwliti- 
cal  coi,^l.  .'.ions.  And  if  there  bo  any  such 
subit!;t  more  h;.  !  and  delicate  than  another, 
as  to  which  th  i  -ited  States  ought  never  to 
interined<lle,  even  by  obtrusive  advice,  it  is  that 
which  concerns  religious  liberty.  The  most 
cruel  and  devastating  wars  have  been  produced 
by  such  interferences;  the  blood  of  man  has 
been  jwured  out  in  torrents  ;  and.  from  the  days 
of  the  crusades  to  the  present  hour,  no  benefit 
has  resulted  to  the  human  family,  from  discus- 
sions carried  on  by  nations  upon  such  subjects. 
Among  the  variety  even  of  Christian  nations 
which  now  inhabit  the  earth,  rare  indeed  are  the 
examples  to  be  found  of  states  who  have  not 
e.-;tablishcd  an  exclusive  church ;  and  to  far  the 
greater  number  of  these  toleration  is  yet  un- 
known.  In  none  of  the  communications  which 
h:ivu  taken  place,  is  the  mo.st  distant  allusion  made 
to  this  deliccte  subject,  by  any  of  the  ministers 
who  have  given  this  invitation  ;  and  the  com- 
mittee feel  very  confident  in  the  opinion,  that,  if 
ever  an  intimation  shall  be  made  to  the  sove- 
reisrnties  they  represent,  that  it  was  the  purpose 
of  the  United  States  to  discuss  at  the  proposed 
congress,  their  plans  of  internal  civil  polity,  or 
any  tiling  touching  the  supposed  interests  of 
their  religious  establishments,  the  invitation 
given  would  soon  be  withdrawn." 

On  the  subject  of  the  "  Monroe  doctrine."  the 
report  shows  that,  one  of  the  new  republics 
(Colombia)  propo.sed  that  this  doctrine  should 
be  enforced  "  by  the  joint  and  united  efforts  of 
all  the  states  to  be  represented  in  the  congress, 
who  should  be  bound  by  a  solemn  convention 
to  secure  this  end.  It  was  in  answer  to  this  pro- 
position that  the  President  in  his  message  showed 
the  extent  of  that  doctrine  to  be  limited  to  our 
cwn  territones,  and  that  all  that  we  could  do, 


would  be  to  inter  into  agreement  that  each 
should  guard,  by  its  own  means,  against  the  c^. 
tablishmcnt  of  any  foreign  colony  within  its  Ikjp- 
ders.     Kven  such  an  agreement  the  commitin. 
deemed   unailvi.sable,    and    that   there   was  m 
more  rca.son  for  making  it  a  treaty  stipulation 
than  there  was  for  reducing  to  such  stipulatiun- 
any  other  of  the  "  high,  just,  and  miiversally  ad. 
mitted  rights  of  all  natioas. "  The  favorable  com- 
mercial treaties  which  the  President  expected  tu 
obtain,  the  committee  believed  would  be  more 
readily  obtained  from  each  nation  separately  (in 
which  opinion  their  foresight  has  been  justi(inl 
by  the  event);  and  that  each  treaty  would  bctin' 
more  easily  kept  in  proportion  to  the  smaller 
number  of  parties  to  it.    The  amfiiat  at  ions  of  the 
laws  of  nations  which  the  Prcoident  proposed,  in 
the  adoption  of  principles  of  maritime  neutrally 
and  that  free  ships  should  make  free  goods,  i.i; 
the  restriction  of  paper  blockades,  were  t'oeniKi 
by  the  committee  objects  beyond  thw  enforce- 
ment of  the  American  states  alouo ;   and  the  en- 
forcement of  which,  if  agreed  to,  might  bring  (he 
chief  burthen  of  enforcement  upon  the  United 
States ;  and  the  committee  doubted  the  policy  of 
undertaking,  by  negotiation  with  these  nation.i!. 
to  settle  abstract  propositions,  as  parts  of  public  | 
law.     On  the  subject  of  Cuba  and  Porto  Rico, 
the  report  declared  that  the  United  States  could  I 
never  regard  with  indifference  their  actual  condi- 
tion, or  future  destiny ; — but  deprecated  any  I 
joint  action  in  relation  to  them,  or  any  action  to 
which  they  themselves  were  not  parties;  and  it  | 
totally  discountenanced  any  joint  discussion  or  ac- 
tion in  relation  to  the  future  of  Haiti.      To  tli;| 
whole  of  the  new  republics,  the  report  expressd 
the  belief  that,  the  retention  of  our  present  un- 1 
connected  and  friendly  position  towards  them 
would  be  most  for  their  own  benefit,  and  enable 
the  United  States  to  ar^  most  effectually  for  th  in  I 
in  the  case  of   necu.ng  our  good  offices.     lt| 
said : 

"  While  the  United  States  retain  the  positii  i 
which  they  have  hitherto  occupied,  and  nwni-l 
fe.st  a  constant  determination  not  to  mingle  their  I 
interests  with  tho.seof  the  other  states  of  AnuTinj 
they  may  continue  to  employ  the  influence  whiiiJ 
they  possess,  and  have  already  happily  cxcrtodl 
with  the  nations  of  Europe,  in  iavor  of  the.so ii  ■»  | 
republics.     But,  if  ever  the  United  States  |it> 
mit  themselves  to  be  associated  with  tliesu  rj.| 
tions  in  any  general  congress,  nssomblod  fif' 
discussion  of  common  plan.'!,  in  the  way  atref!':;| 
European  interests,  they  will,  by  such  an  net.: 


The  advantage  of  pi 
maintaining  friendly  i 
•  entangling  alliances 
presented  in  a  brief  am 

"  And  the  United  St 
ill  happiness,  to  their 
.strict  observance  of  th( 
of  policy,  and  by  mai 
and  most  profound  resj 
must  prepare  to  embai 
uion  an  unknown  and 
by  little  experience,  ani 
haven.  In  such  a  voyi 
king  between  thentsel 
ill  interest,  character,  lai 
customs,  habits,  laws, 
particular :  and  the  rivj 
must  surely  produce  an 
crate  discords,  which,  if 
hope  of  its  successful  t< 
even  success  itself  tJie  ul 
direful  conflicts  between 
hcen  the  issue  of  all  si 
time ;  and  we  have  then 
expect  in  the  future,  sim 
causes. 

The  committee  dissen 
on  the  point  of  his  right 
without  the  previous  adi 

I  Senate.  The  President  ; 
.•;o:  butdeemt-d  it  advist 
cumstances,  to  waive  the 

I  vice.  The  committee  av( 
Senate  to  decide  directly 

I  this  new  mission  ;  groun 
originality,  and  holding  th 

J  is  to  be  instituted  it  is  th( 

j  not  the  filling  of  a  vacancj 

I  have  a  right  to  decide  upo: 

I  office  itself. 

I  spoke  myself  on  this  < 
jpoints  which  it  presented, 
[rehations  with  Haiti  (on' 
jwas  to  be  determined  on. 


AXXO  182«.     JOHN  QUIXCY  ADAMS,  I'UF-SIDKNT. 


CD 


Rico, 

could 

condi- 

ed  any 

tion  tn 

anil  it 

orac- 
To  tk  I 
pressd 
lent  un- 1 

them 

enable  I 

3r  thin  I 

It  I 

position  I 

mani- 

;le  thei: 

imcriiil 

:e  wliiciil 

D.\crtoil| 

lesi^iv-"! 

tes  p:-\ 

Vifw  r.j'l 

for-'. 

attbfti: 


nlv  ilcprivc  themselves  of  the  Miility  tlioy  now 
iir,s'*s8,  of  rcn<lerinK  useful   assistance    to   the 
(.thir  American  states,  hut  also  pnxluce  other  i 
ctH'Cts,  prejudicial  to  their  own  inten-sts.     Then,  [ 
the  [lowers  of  Europe,  who  have  hitherto  con-  ] 
lidcd  in  the  wipicity,  vigilance,  and  impartiality  i 
of  tiic  United  States,  to  watch,  detect,  annoimce,  i 
and  restrain  any  dis|X)8ition  that  the  heat  of  the  I 
fxisting  contest  might  excite  in  the  new  states 
nf  America,  to  extend  their  empires  beyond  their 
own  limits,  and  who  hare,  therefore,  considered 
their  possessions  and  commerce  in  America  safe, 
wiiilu  so  guarded,  would  no  longer  feel  this  con- 
tideuce. " 

The  advantage  of  pursuing  our  old  policy,  and 
maintaining  friendly  relations  with  all  powers, 
•  entangling  alliances  with  none,"  was  forcibly 
presented  in  a  brief  and  striking  paragraph : 

"  And  the  United  States,  who  have  grown  up 
ill  happiness,  to  their  present  prosperity,  by  a 
strict  observance  of  their  old  well-known  course 
of  policy,  and  by  manifesting  entire  good  will 
and  most  profound  respect  for  all  other  nations, 
must  prepare  to  embark  their  future  destinies 
uron  an  unknown  and  turbulent  ocean,  directed 
by  little  experience,  iind  destined  for  no  certain 
haven.  In  such  a  voyage  the  dissimilitude  ex- 
isting between  themselves  and  their  associates, 
iu  interest,  character,  language,  religion,  manners, 
cttstoras,  habits,  laws,  and  almost  every  other 
particular :  and  the  rivalship  these  discrepancies 
must  surely  produce  amongst  them,  would  gen- 
erate discords,  which,  if  they  did  not  destroy  all 
hope  of  its  successful  termination,  would  make 
(von  success  itself  Uie  ultimate  cause  of  new  and 
direful  conflicts  between  themselves.  Such  has 
been  the  issue  of  all  such  enterprises  in  past 
time;  and  we  have  therefore  strong  reasons  to 
( xpcct  in  the  future,  similar  results  from  similar 
causes. 

The  committee  dissented  from  the  President 
on  tlie  point  of  his  right  to  institute  the  mission 
without  the  previous  advice  and  consent  of  the 
Senate.  The  President  averred  his  right  to  do 
so:  but  deemt-d  it  advisable,  under  all  the  cir- 
cumstances, to  waive  the  right,  and  ask  the  ad- 
vice. The  committee  averred  the  right  of  the 
Senate  to  decide  directly  upon  the  expedience  of 
i  this  new  mission  ;  grounding  the  right  ujion  its 
originality,  and  holding  that  when  a  new  mission 
is  to  be  instituted  it  is  the  creation  of  an  office, 
not  the  iilling  of  a  vacancy ;  and  that  the  Senate 
have  a  right  to  decide  upon  the  expediency  of  the 
I  otficc  itself. 

I  spoke  myself  on  this  question,  and  to  all  the 
I  points  which  it  presented,  and  on  the  subject  of 
Irelations  with  Haiti  (on  which  a  li  litomi  rule 
Iwas  to  be  determined  on.  or  a  rulo  with  r..odifi- 


rafions.  according  totlie  projmsition  of  Colombia) 
1  held  that  our  jnilicy  was  fixed,  anil  cmiM  li(> 
neitlier  altered,  nor  dist'U.s.stil  in  any  foroi;;n  .t;- 
scinbly  ;  and  especially  in  tho  one  prDiKKfl  ;  all 
the  other  parties  to  which  had  already  phicd 
the  two  races  (blaok  and  white)  on  the  ba.>-is  nf 
political  c<iuality.    I  said : 

"  Our  policy  towards  Haiti,  the  old  San  l>o- 
mii.go,  has  been  tixed  for  three  and  thirty  ye.irs. 
We  tra<le  with  her,  but  no  di|>lt>inatic  relntioiis 
have  been  established  between  us.  We  purchii'^o 
colfee  from  her,  and  pay  her  for  it ;  but  we  inter- 
change no  consuls  or  ministers.  We  receive  i.o 
mulatto  consuls,  or  black  anibassmlors  from  luv. 
And  why?  IJecause  the  peace  of  eleven  ,'^(«trs 
iu  this  Union  will  not  permit  the  Irnits  of  a  suc- 
cessful negro  insurrection  to  be  exhibited  amon^ 
them.  It  will  not  permit  black  consuls  nml  aii.- 
bas.sadors  to  establish  themselves  in  our  citit'>. 
and  to  parade  through  our  country,  and  give  to 
their  fellow  blacks  in  the  United  States,  proof 
in  hand  of  tho  honors  which  await  them,  for  a 
like  successful  effort  on  their  part.  It  will  iiuc 
permit  the  fact  to  be  seen,  and  told,  that  for  tl.o 
murder  of  their  masters  and  mistresses,  they  i;rc 
to  Rnd  friends  among  the  white  people  of  the.so 
United  States.  No,  this  is  a  question  which  has 
been  determined  ukre  for  tliree  and  tliirty 
years ;  one  which  has  never  been  open  for  dis- 
cussion, at  home  or  abroad,  neither  under  llio 
Presidency  of  Gen.  Washington,  of  the  first  Mr. 
Adams,  of  Mr.  Jefferson,  Mr.  Madison,  or  .Mr. 
Monroe.  It  is  one  which  cannot  be  (lisc\Is^e.l 
in  this  chamber  on  this  day ;  and  shall  wo  f;:j 
to  Panama  to  discuss  it?  I  take  it  in  the  iniiil- 
ust  supposed  character  of  this  Congress — shall 
we  go  there  to  advise  and  consult  in  council 
al)Out  it?  Who  are  to  advise  and  sit  in  judg- 
ment upon  it?  Five  nations  who  have  already 
put  the  black  man  upon  an  equality  with  tlu3 
white,  not  only  in  their  constitutions  but  in  real 
life ;  live  nations  who  have  at  this  moment  (:i.t 
least  some  of  tliem)  black  generals  in  their  ar- 
mies and  mulatto  senators  in  their  congresses  ! 

No  question,  in  its  day,  excited  more  heat  and 
intemperate  discussion,  or  more  feeling  between 
a  President  and  Senate,  than  this  proposed  mis- 
sion to  the  congress  of  American  nations  at  Pan- 
ama; and  no  hcatod  question  ever  cooled  off, 
and  died  out  so  suddenly  and  completely.  And 
now  the  chief  benefit  to  be  derived  from  its 
retrospect — and  that  indeed  is  a,  real  one — is  a 
view  of  the  firmness  with  which  was  then  main- 
tained by  a  minority,  the  old  policy  of  tho  Uni- 
ted States,  to  avoid  entangling  alliances  and  in- 
terference with  the  affairs  of  other  nations ; — and 
the  exposition  of  the  Monroe  doctrine,  from  one 
so  competent  to  give  it  as  Mr.  Adams. 


70 


THIRTY  YKARS'  VIKW. 


OIIAI'TKU    XXVI. 

|ili;i.  IIKTWKKX  Mil.  CLAV  AND  MU.  UANDOM'II. 

1 1  wiiK  Saturday,  the  first  flay  of  April,  towards 
i.'foii,  tlio  Sfimte  not  hfiiif;  that  day  in  session, 
t'l.il  Mr.  lUndoliih  came  to  my  roomnt  Brown's 
Ifiitul,  and  (without  expluininnjtho  reason  of  the 
i|iit'stioii)  asked  me  if  I  was  a  l)lood-relation  of 
Mrs.  Clay  ?  I  answered  that  I  wa.s,  and  ho  im- 
mediately ri'i'lied  that  that  jjiit  an  end  to  a  rc- 
(luest  which  ho  had  wished  to  make  of  me ;  and 
tiien  went  on  to  tell  me  that  he  had  just  received 
n  ch;illenf;e  from  Mr.  Clay,  had  accepted  it,  was 
roady  to  po  out,  and  would  apply  to  Col.  Tat- 
ii:ill  to  be  his  sccnd.  Before  leavinp;,  ho  toM  me 
he  would  make  my  boson\  the  depository  of  a 
secret  wliich  he  should  commit  to  no  other  per- 
son :  it  was,  that  he  did  not  intend  to  fire  at 
yir.  Clay,  lie  told  it  to  me  because  he  wanted 
a.  witness  of  his  intention,  and  did  not  mean  to 
tell  it  to  his  second  or  any  body  else ;  and  en- 
joined inviolable  secrecy  until  the  duel  was  over. 
This  wius  the  first  notice  I  had  of  the  affair. 
The  circumstances  of  the  delivery  of  the  challenge 
1  had  from  Gen.  Jesup,  Mr.  Clay's  second,  and 
they  were  so  perfectly  characteristic  of  Mr.  Ran- 
dol;>h  that  I  j^ive  them  in  detail,  and  in  the  Gen- 
eral's own  words : 

"  I  was  unable  to  see  Mr.  Randolph  until  the 
morning  of  the  1st  of  April,  when  I  called  on 
him  for  the  puipose  of  deliverin}?  the  note. 
I'revious  to  j)res;entlnK  it,  however,  I  thought  it 
prop(;r  to  ascertain  from  Mr.  Randolph  himself 
whether  the  information  which  Mr.  Clay  had 
received — that  he  considered  himself  personally 
accountable  for  the  attack  on  him — was  correct. 
1  accordingly  informed  Mr.  Randolph  that  I  was 
the  bearer  of  a  message  from  Mr.  Clay  in  conse- 
quence of  an  attack  which  he  had  made  upon  his 
private  as  we'll  as  public  character  in  the  Senate ; 
that  1  was  aware  no  one  had  the  light  to  ques- 
tion him  out  of  the  Senate  for  any  thing  said  in 
debate,  unless  he  chose  voluntarily  to  waive  his 
privileges  as  a  member  of  that  body.  Mr.  Ran- 
dolph replied,  that  the  constitution  did  prot(^t 
liini,  but  lie  would  never  shield  himself  under  i 
such  ft  subterfuge  as  the  pleading  of  his  privilege 
as  a  senator  from  Virginia  ;  that  he  did  hold  him- 
self accountable  to  Mr.  Clay;  but  he  said  that  \ 
gentleiniin  had  tii-st  two  ))ledges  to  redeem :  one  ; 
that  he  had  bound  I  imself  to  fight  any  member  ] 
of  the  House  of  Representatives,  who  should  ac- 
knowledge himself  the  author  of  a  certain  pub-  | 


lication  in  a  Philadelohia  paiwr;  and  the  otliir 
that  he  stood  pledget!  to  establisli  certain  fa"', 
in  regani  to  a  great  nnn,  whom  he  would  nm 
name  ;  but,  lie  adde<l  ho  could  receive  no  verti.il 
me.s.sage  from  Mr.  Clay — that  any  message  IVotu 
him  must  bo  in  writing.  I  repiie<l  that  I  \v;k 
not  authorized  by  Mr.  Clay  to  enter  into  o: 
receive  any  verbal  explanations — that  the  in. 
quiries  1  had  made  were  for  my  own  satisfaelion 
and  upon  my  own  rcs|)on8ibility — that  the  onlv 
message  of  which  I  wa.s  the  bearer  was  in  writin- 
I  then  prescnte<l  the  note,  and  remarked  that  I 
knew  notliing  of  Mr.  Clay's  pledges  ;  but  that  i| 
they  existed  as  lie  (.Mr.  Randolph)  understo.ii 
them,  and  he  wa.s  aware  of  them  when  he  imi  1^ 
the  att.ick  complained  of,  he  could  not  avail  lijii,. 
self  of  them — that  by  making  the  attack  I  thoncrh' 
ho  had  waived  them  himself.  Ho  said  he  im  l 
not  the  remotest  intention  of  taking  advantiiL- 
of  the  pledges  referred  to  ;  that  he  had  nientii)ii- 
ed  them  merely  to  remind  me  that  he  was  waii- 
ing  his  privilege,  not  only  as  a  senator  finm 
Virginia,  but  as  a  jirivate  gentleman ;  that  in. 
was  ready  to  respond  to  Mr.  Clay,  and  woiiM 
j  be  obliged  to  me  if  I  would  bear  his  note  in  ri- 
i  ply ;  and  that  he  would  in  the  course  of  the  day 
i  look  out  for  a  friend.  I  d  ?clined  being  the  hear- 
er of  his  note,  but  inf  ormet;  nim  my  only  reason 
for  declining  was,  thai  I  thought  he  owed  it  ti 
himself  to  consult  his  friends  before  taking  so 
important  a  step.  Ho  seized  my  hand,  sayin,' 
'  You  are  right,  sir.  I  thank  you  for  the  sug- 
gestion: but  as  you  do  not  take  my  note,  yoii 
must  not  be  impatient  if  you  should  not  hear  *"iM!ii 
me  to-day.  I  now  think  of  only  two  friemls. 
and  there  are  circumstances  connected  with  oiu' 
of  them  wliich  may  deprive  me  of  his  servic « 
and  the  other  is  in  bad  health — he  was  sick  yv,- 
terday,  and  may  not  be  out  to-day.'  I  assured 
him  that  any  reasonable  time  which  he  nii>;iit 
find  necessary  to  take  would  be  satisfactorv 
I  took  leave  of  him  ;  and  it  is  duo  to  his  meniori  I 
to  say  tliiit  his  bearing  was,  throughout  the  iii- 
terview,  that  of  a  high-toned,  chivalrous  gcntli.-  I 
man  of  the  old  school." 

These  were  the  circumstances  of  the  delivery  ol 
the  challenge,  and  the  only  thing  necessary  to 
give  them  their  character  is  to  recollect  that,  with 
this  prompt  acceptance  and  positive  refusal  to 
explain,  and  tliis  extra  cut  about  tlio  two  plcJ- 
gi's,  there  was  a  perfect  determination  not  to  iiro 
at  Mr.  Clay.     That  determination  rested  on  two  | 
grounds ;  first,  an  entire  unwillingness  to  hurt  .Mr. 
Clay ;  and,  next,  a  conviction  that  to  return  tli.' 
fire  would  be  to  answer,  and  would  be  an  implid  I 
acknowledgment  of  Mr.  Clay's  right  to  make  him  | 
answer.    This  he  would  not  do,  neither  by  inipL- 
cation  nor  in  words.     He  denied  the  right  of  auj  I 
person  to  question  him  out  of  the  Senate  foi 
words  spoken  within  it.     He  took  a  distinction  [ 


faction  for  what  wa.' 

would  receive,  but  not 

much  as  to  say :  Afr. 

ivlint  has  offended  him 

the  fire,  admit  his  rip 

fiibtle  distinction,  and 

death,  and  not  very  clet 

hut  to  Af r.  Randolph  I 

His  allusion  to  the  "  u 

niiicli  he  might  have  pi 

eliallengo,  and  would  n^ 

cut  at  Mr.  Adams  and  '. 

satisfiiction  for  cuts  alri 

her  of  the  House"  was 

Pennsylvania,  who,  at  t 

tial  election  in  the  Hous< 

avoTved  himself  to  bo  the 

liuMication,  the  writer  i 

threatened  to  call  to  ac< 

I  himself— and  did  not. 

President  Adams,  with  ^ 

a  newspaper  controversy 

I  fact,— which  had  been  p<i 

this  sarcastic  cut,  and  of 

ill  the  Panama  speech. 

President  and  Secretary 

j  encouraged  the  newspap 

I  attack  him,  which  they  c 

J  chose  to  overlook  the  edii 

jtho  instigators,  as  he  beli( 

jhe  did  to  liis  heart's  conte 

jti)  their  great  annoyance,  a 

jlenge  proved.     The"  two  1 

jCol.  Tatnall  and  myself, 

jwhich  might  disqualify  on 

jof  my  relationship  to  Mrs. 

m  know  the  degree,  and 

Jonsangninity— considerini 

khe  other  a  complete  bar  t( 

|Ec-coud-hoIding,  as  he  did 

1 1ndian,  to  the  obligatioi 

m  little  stress  on  marrij 

kffable  reception  and  court* 

Pesup  were  according  to  liis  c 

Ihe  decorum  wliich  belong* 

■i  duel  in  the  circle  to  whicl 

ffair  of  honor;"  and  high  h 

<)<->,  must  pervade  eveiy 


AX.VO  18.!0.     JOHN  QUJNCV  ADAMS.  I'nF.slDF.NT. 


71 


ktwr>t''i  man  an<I  senator.    As  senator  lie  had  a 
fonstitutional  immunity,  pvcn  for  a  wise  ptiriiow, 
anil  wliich  ho  would  neither  surrender  nor  com- 
nrnmise ;  as  individual  he  was  ready  to  j^ive  satis- 
faction  for  what  was  deemed  an  injury.      IIi; 
would  receive,  but  not  return  &  fire.    It  was  as 
much  as  to  say :  Mr.  Clay  may  firo  nt  mo  for 
what  has  offended  him  ;  I  will  not,  by  returning 
tiic  fire,  admit  his  right  to  do  so.     This  was  a 
(iibtlo  distinction,  and  that  in  case  of  life  and 
iltath,  and  not  very  clear  to  the  common  intellect ; 
but  to  Mr.  Kandolph  both  clear  and  convincing. 
His  allusion  to  the  "  two  pledges  unredeemed," 
nliich  he  it\ight  have  plead  in  bar  to  Mr.  Clay's 
iliallengo,  and  would  not,  was  another  sarcastic 
cut  at  Mr.  Adams  and  Mr.  Clay,  while  rendering 
salisfaotion  for  cuts  already  given.    The  "  mem- 
ber of  the  House"  was  Jlr.  Gcorgo  Kremcr,  of 
Pennsylvania,  who,  at  the  time  of  tlio  presiden- 
tial election  in  the  House  of  Representatives,  had 
avowed  himself  to  bo  the  author  of  an  anonymous 
[iHtlication,  the  writer  of  which  Mr.  Clay  had 
threatened  to  call  to  account  if  ho  would  avow 
jiimself— and  did  not.      The  "great  man"  was 
President  Adams,  with  whom  Mr.  Clay  had  had 
I  a  newspaper  controversy,  involving  a  question  of 
I  fact,— which  had  been  postponed.    The  cause  of 
I  tliis  sarcastic  cut,  and  of  all  the  keen  personality 
in  the  Panama  speech,  was  the  belief  that  the 
riisidcnt  and  Secretary,  the  latter  especially, 
I  tncouragcd  the  newspapers  in  their  interest  to 
I  attack  him,  which  they  did  incessantly ;  and  he 
Iciiose  to  overlook  the  editors  and  retaliate  upon 
I  the  instigators,  as  he  believed  them  to  be.    This 
I  he  did  to  his  heart's  content  in  that  speech — and 
Ito  their  great  annoyance,  as  the  coming  of  the  chal- 
llenge  proved.     The  "  two  friends"  alluded  to  were 
ICol.  Tatnall  and  myself,  and  the  circumstances 
[which  might  disqualify  one  of  the  two  were  those 
|of  my  relationship  to  Mrs.  Clay,  of  wliich  ho  did 
fiot  know  the  degree,  and  whether  of  affinity  or 
onsanguinity — considering  the  first  no  obstacle, 
khe  other  a  complete  bar  to  my  appearing  as  his 
pond— holding,  as  he  did,  with  the  tenacity  of 
1  Indian,  to  the  obligations  of  blood,  and  laying 
kut  little  stress  on  marriage  connections.    His 
kffable  reception  and  courteous  demeanor  to  Gen. 
Besup  were  according  to  liis  own  high  breeding,  and 
|hc  decorum  which  belonged  to  such  occasions. 
L  duel  in  the  circle  to  which  he  belonged  was  "an 
ffair  of  honor ;"  and  high  honor,  according  to  its 
must  pervade  eveiy  part  of  it.    General 


.IvsM|»  had  coiiie  ujion  an  un|)UMi«nnt  Imsiness. 
Mr.  Itnndolph  (Utinniiu'd  to  |)Ut  liim  iit  his  case; 
an<l  did  it  so  elllrtually  as  to  cliarm  lirni  into  ail 
miration.     The  whole  plan  of  his  cdiidiict.  down 
to  contingent  details,  was  cast  in  his  mind  in- 
RtAntly,  as  if  by  intuition,  and  never  diparteil 
from.     The  acceptance,  the  refusal  to  explain,  tht; 
determination  ncit  to  fire,  the  lirsit  and  swond 
choice  of  a  friend,  and  tlio  circumstances  whi<;h 
might  disqualify  one  and  delay  the  other,  the  ad- 
liitional  cut,  and  the  resolve  to  full,  if  he  fell,  on 
the  soil  of  Virginia — was  all,  tohismind,  asin;;lo 
emanation,  the  flash  of  an  instant     He  ueedL-d 
no  consultations,  no  deliberations  to  arrive  at  all 
these  important  conclusions.    I  dwell  upon  these 
small  circumstances  because  they  aie  character- 
istic, and  show  the  man — a  man  who  belongs  to 
history,  and  had  his  own  history,  and  should  be 
known  as  he  was.  That  character  can  only  be  shown 
in  his  own  conduct,  his  own  words  and  acts :  and 
this  duel  with  Mr.  Clay  illustrates  it  at  many 
points.    It  is  in  that  point  of  view  that  I  dwell 
upon  circumstances  which  might  seum   trivial, 
but  which  are  not  so,  being  illustrative  of  char- 
acter and  significant  to  their  smallest  particulars. 
The  acceptance  of  the  challenge  was  in  keep- 
ing with  the  whole  proceeding — pronq)t  in  liie 
agreement  to  meet,  exact  in  protesting  against 
the  rii^ld  to  call  him  out,  clear  in  the  waiver  of 
his  constitutional  privilege,  brief  and  cogent  in 
presenting  the  case  as  one  of  some  reprehension 
— the  case  of  a  member  of  an  administration 
challenging  a  senator  for  words  spoken  in  do- 
bate  of  that  administration ;  and  all  in  brief, 
terse,  and  superlatively  decorous  language.     It 
ran  thus : 

"  Mr.  Randolph  accepts  the  challenge  of  Mr. 
Clay.  At  the  same  time  he  protests  against  the 
right  of  any  ministerof  the  Executive  Government 
of  the  United  States  to  hold  him  responsible  for 
words  spoken  in  debate,  as  a  senator  from  Vir- 
ginia, in  crimination  of  such  minister,  or  the  ad- 
ministration under  which  he  shall  have  taken 
office.  Colonel  Tatnall,  of  Georgia,  the  bearer 
of  this  letter,  is  authorized  to  arrange  with  Gen- 
eral Jesup  (the  bearer  of  Mr.  Clay's  challenge) 
the  terms  of  the  meeting  to  which  Mr.  Kandolph 
is  invited  by  that  note. " 

This   protest  which  Mr.  Randolph  entered 

against  the  right  of  Mr.  Clay  to  challenge  him, 

led  to  an  explanation  between  their   mutual 

friends  on  that  delicate  point — a  point  which 

;  concerned  the  independence  of  debate,  the  pri- 


P 
'if 


!.'i 


H.H  v' 


■^;<*' 


I  .   ' 


7^ 


THiR-n*  vr;ARs'  view. 


ANX( 


;*ii 


■;S 


vilcjrcH  or  the  Senate,  the  immimity  of  a  mein- 
Ikt,  nnil  the  snnetit3'  of  th"  rdnstitution.  It 
wii.-*  a  jpoiiit  which  Mr.  flay  felt;  ami  tlie  txj' 
nation  uliich  wa-s  liail  iR'twocri  'hu  iniitiiul  frii;ii' 
presciiteil  an  excuse,  if  not  a  ju^tilicalion.  for  Ins 
pro<'e<>'liiiv'.  He  li.nl  heen  inrornied  tliat  Mr. 
KaiKJolpli.  ill  his  sjicerh,  liiul  avoivcl  his  rtspon- 
niliility  (o  .Afr.  Clii}',  uiiil  wuived  liis  piivilejic — a 
tliinj;  whicii,  if  it  hml  been  done,  would  have  heen 
a  defbnee,  and  stood  for  an  invitation  to  Mr.  Clay 
to  Kend  a  challen};e.  Mr.  I'andoljih,  thronnh 
Col.  Tatnall.  disavowed  that  inipnted  avowal, 
and  confhied  his  waiver  of  privilc^^e  to  Ihu  time 
of  the  delivery  of  the  ehallenjio,  and  in  answer 
to  an  in<|iiiry  before  it  was  delivered. 

The  following;  are  the  coinnuiiiications  between 
tiie  respective  .seconds  on  tliis  point : 

"In  regard  to  the  prnlpst  with  wliich  Mr, 
Ilandolph's  note  concludes,  it  is  due  to  Mr.  Clay 
to  saj"  that  he  had  Jieen  inlbrniod  Mr.  Randolph 
did,  and  would,  liold  himself  responsible  to  him 
for  any  observations  he  nii;jht  make  in  relation 
to  him ;  and  that  I  (Gen.  Jesup)  distinctly  un- 
derstood from  3Tr.  Randolph,  before  1  delivered 
the  note  of  Mr.  'Jlay,  that  he  waived  his  privilege 
as  a  senator. " 

To  this  Col.  Tatnall  replied: 

••As  this  expression  (did  and  woiih?  Uc'tibi^n- 
pelf  resjwn.sible,  &c.)  may  b'?  con^ii  i-  i  to  iw  an 
that  Mr.  Randolph  had  givei.  tliisintiai.iuor  not 
only  before  called  ujwn,  but  in  such  a  lift uner 
a.s  to  throw  out  to  Mr.  Clay  something  like  an 
invitation  to  make  such  a  call,  I  have,  on  the 
l)art  of  Mr.  Randolph,  to  disavow  any  disposition, 
when  expressing  his  readiness  to  waive  his  privi- 
lege as  a  senator  from  Virginia,  to  invite,  in  any 
case,  a  call  upon  him  for  personal  satisfaction. 
The  concluding  paragraph  of  your  note,  I  pre- 
Burae,  is  intended  to  show  merely  that  you  did 
hot  present  a  note,  such  as  that  of  Mr.  Clay 
to  Mr.  Randolph,  until  you  had  ascertained  his 
willingness  to  waive  his  privilege  as  a  senator. 
This  I  infer,  as  it  was  in  your  recoRection  that 
the  expression  of  such  a  readiness  on  the  part  of 
Mr.  Randolph  was  in  reply  to  an  inquiry  on  that 
point  made  by  yourself. " 

Thus  an  irritating  circumstance  in  the  affair  was 
vii'tually  negatived,  and  its  offensive  import  whol- 
ly disavowed.  For  my  part,  I  do  not  believe  that 
Mr.  Randolph  used  such  language  in  his  speech. 
I  have  no  recollection  of  having  heard  it.  The 
published  report  of  the  speech,  as  taken  down  by 
the  reportei's  and  not  revised  by  the  speaker,  con- 
tains nothing  of  it.    Such  gasconade  was  foreign 


j  to  Mr.  Han'lolph's  character.  Tlio  occasion  ,v„ 
not  one  in  which  ll'-so  wrt  of  defiances  ?,, 
thrown  ont,  which  are  either  to  piirclnse  a 'hco., 
reputation  when  it  is  known  tiny  will  be  <'  .  '. 
ed,  or  to  get  an  advantage  in  extnictitir  n  i.ln, 
Vw/v  wlitn  there  is  a  desipi  to  kill,  >.r.  Jhn- 
tlolph  had  none  of  these  views  with  resiK-ct  to  Mr, 
Clay.  He  had  no  desire  to  fight  him,  or  to  hnrt 
him,  or  gain  cheuj)  cliaractur  by  appearing;  to 
bully  him,  lie  was  above  all  that,  and  \a\ 
settled  accounts  with  liim  in  his  P|)cech,  in,! 
wanted  no  more.  I  do  not  believe  it  was  suil. 
but  there  wa.s  u  part  of  the  speech  which  mi:;Lt 
have  received  a  wrong  ajiplication,  and  led  to  tl. . 
erroneous  report :  a  part  which  applied  to  a 
quoted  passage  in  Mr,  Adams's  Panama  messni. 
which  he  condemned  and  denouncc<l,  and  djin'l 
the  President  anil  his  friends  to  defend.  I!, 
words  w  re,  as  reported  unrevi.sed:  "IKi.l 
plant  my  foot ;  here  I  fling  defiance  right  ir,;<) 
liis  (the  President's)  teeth ;  hero  I  throw  ti. 
gauntlet  to  him  and  the  bravest  of  his  compem 
to  come  forward  and  defind  these  lines, "  Ac.  \ 
very  palpable  defiance  this,  but  very  diHli-cRt 
from  a  summons  to  fwrsonal  combat,  and  from 
what  was  related  to  Mr.  Clay.  It  was  an  nnfcr- 
tunato  report,  doubtless  the  effect  of  indistirt 
apprehension,  and  the  more  to  be  regretted  n 
after  having  been  a  main  cause  inducing  the  | 
challenge,  the  disavowal  could  not  stop  it. 

Thus  the  agreement  for  the  meeting  wn^  nb. 
solute ;  and,  according  to  the  expectation  of  tlic 
principals,  the  meeting  itself   would  bo  imme- 
diately ;  but  their  seconds,  from  the  most  Ian!- 
able  feelings,  determined  to  delay  it,  with  tin 
hope  to  prevent  it,  and  did  keep  it  otf  a  ym\ 
admitting  me  to  a  participation  in  the  good  work, 
as  being  already  privy  to  the  affair  and  fricndlj  I 
to  both  parlies.     Tlie  challenge  stated  no  specilic 
ground  of   oifence,  specified  no  exceptionalile  I 
words.    It  was  peremptory  and  general,  for  a 
"unprovoked  attack  on  his  (Mr.  Clay's)  char- 
acter," and  it  dispensed  with  explanations  by 
alleging  that  the  notoriety  and  indisputable  ex- 
istence of  the  injury  superseded  the  neccssitrforl 
them.    Of  course  this  demand  was  bottomed  ( 
a  report  of  the  words  spoken — a  verbal  report, 
the  full  daily  publication  of  the  debates  havinj 
not  then  begun — and  that  verbal  report  was  of  I 
a  character  greatly  to  exasperate  Mr.  Clay,  III 
stated  that  in  the  course  of  the  debate  Mr.  Baii-| 
dolph  said: 


■Thot  a  Icttr.'  .rom  (loner 
jm.Mii.isiT  at  Washin-ztoi 
If'viHvitivi'  o  the  vS\.'riate,  I.. 
,v:ii;'  ''I'l'u  maniifarture<l  o 
■rraryof  State,  and  dcnoiii 
liHii  M  a  corrupt  coalition  I 
Lilblfti-kleir;  and  added,  ai 
L(Mr.  Randolph)  held  hii 
Itpjiisiljle  for  all  that  he  had 

Thi'*  was  the  rejwrt  to  I 
|r.:;Kli  he  gave  the  absolute 
ivd  the  ab.solute  accejjtan 
11  inquiry  between  (liej)rinci 
If  the  quarrel.  The  sccor^ls 
,  and  to  attempt  nn  ace 
jiiceablo  determination  of  ( 
Lseqeenco,  General  Jesup  st 
li  a  note  to  Col.  Tatnall,  thus 

•Tlie  injury  of  which  Mr,  C 
|i<ts  ill  this,  that  Mr,  Randolp 
riih  liaviii','  forged  or  inanufiic 
iriiHi  with  tin.'  Panama  mis; 
|as  ajvlied  to  him  in  debate  tl 
The  explaiiaf  ion  which  I  ^ 
ii.iat  .Mr.  llundolpl  declare 
fcition  of  charging  Mr.  Clay  t 
!■  private  capacity,  with  forg'in 
llK>r.  or  misrepresenting  anj 
lat  the  term  blackleg  was  not 
\  him. " 

JTo  this  exposition  of  the  grc 
laint,  Col.  Tatnall  answered : 

Mr.  Randolph  informs  nio 
id  by  him  in  debate  were  as 
ItliouRht  it  would  bo  in  my 
iitnt^  siiflBr  otiy  presumpti 
lar..tte  (county)  jury  that  th 
Inufactured  here— that  Salazo 

las  bearing  a  strong  likeness 
[the  other  papers.  I  did  n 
live  this,  but  expreR,sod  my  sii 
It  was  so.  I  applied  to  the  ac 
pilot,  puritanic-Kliplomatic-bli 
histration. '  Mr.  Randolph, 
Irds  as  those  uttered  by  him  i 
ling  to  alford  any  explanation  i 
|and  application." 

In  this  answer  Mr,  Randolph 
original  ground  of  refusing  to 
ISenate  for  words  spoken  with 
F^'s  the  statement  of  the 
ken  greatly  ameliorated  the  o 
coarse  and  insulting  words, 
^Vying, "  being  disavowed,  a 
« not  used,  and  are  not  to  b( 
[lished  report.    The  speech  wa 


AKXO  182.1.    JOHN  QLIN(  Y  AbAMf^  I'lai^lUKNT. 


73 


-Thnt  ft  lotto.  >ron»  (^cnornl  SalazJir,  the  Mi-xi- 

l.^i,  j|ii,ist<r  at  Wasliin-rtoii,  ttulmiitti'd  liy  »Iip 

Cxi'outivi'  .0  the  St.'nftti«,  \ttn<  tlio  enr-mnrk  of 

,viiiL'  '■''''"  tnanirHrtiirc*!  or  forpcd  liy  tlie  Sw- 

liirvtt   Stole,  :tii(l  (Icnoiiiictvl  the  odiniiiiNtra- 

n  iw  n '^"■'■iiitt  coiilition  iM'twccn  tlio  piiriinn 

,1  hlftikloi;;    nml  ml'loil,  ut  th'  >inmo  tiino,  tlint 

.(\[r.  Unniloljili)   hold  liim(.(lf  |h  isonully  rc- 

i^,:i<il>U'  for  all  that  he  Imd  sai'l.  " 

X!iU  WHS  tho  report  to  Mr.  Clay,  and  upon 

niiKli  he  gavo  tho  ahsoluto  rhallcngc,  and  rc- 

vi'l  tho  nhsohito  oeceptiinco,  which  shut  out 

11  ini|uiry  l)ctwc'('i\  i  ho  principals  into  the  causes 

If  the  (luarrel.    Tho  secoiids  dctennifie<l  to  open 

aiiil    to  attempt   nu    nccomniodation,  or   n 

rucahio  determination  of  the  didi    ilty.      In 

li.isoqi'enfo,  General  Jesup  stated  tlie  complaint 

I  a  note  to  Col.  Tatnall,  thus : 

Tlip  injury  of  which  Mr.  Clay  complains  con- 
jvtsiii  tliis,  that  Mr.  Kandoljih  hascharp;od  him 
kitli  hi\'m^  forpcd  or  inanul;ictnred  a  paper  con- 
rtiii  witli  tho  Panama  mission;  also,  that  l»f 
lis  aivlied  to  him  in  debate  the  e])ithct  of  black- 
I;:.   Tiie  explanation  wliich  I  consider  necessary 

I I  it  Mr.  lliindolpb  declare  that  ho  had  no  in- 
Jntion  of  charfrin;?  Mr.  Clay,  cither  in  his  public 
r  private  CJipsicity,  with  forging  or  falnifying  any 
irvr.  or  misrepresenting  any  fact;  and  also 
lat  tlie  term  blackleg  was  not  intended  to  apply 
I  him." 

JTo  tliis  exposition  of  the  grounds  of  the  com- 
Col.  Tatnall  answered: 

Mr.  Randolph  informs  mo  that  tho  words 
ri  by  liim  in  debate  were  as  follows :  '  That 
Itlioiight  it  would  bo  in  my  power  to  show 
lidcnre  suffic  iitly  presumptive  to  satisfy  a 
itte  (county)  jury  that  this  invitation  was 
knufaclurcd  here — that  Salazar's  letter  struck 
^as  bearing  a  strong  likeness  in  point  of  style 
[the  other  papers.  I  did  not  undertake  to 
lovo  this,  but  expre.'ssod  my  suspicion  that  tho 
It  was  so.  I  applied  to  the  administration  the 
Ithet,  puritanic-diplomatic-black-legged  ad- 
tistration. '  Mr.  Randolph,  in  giving  these 
Irds  a.s  those  uttered  by  him  in  debate,  is  un- 
lling  to  atlbrd  any  explanation  as  to  their  mean- 
I  and  application. " 


In  this  answer  Mr.  Randolph  remained  upon 
I  original  ground  of  refusing  to  answer  out  of 
I  Senate  for  words  spoken  within  it.    In  other 

cts  tho  statement  of  the  words  actually 
Ion  greatly  ameliorated  the  offensive  report, 
[coarse  and  insulting  words,  "forging  and 
[si/yuig',"  being  disavowed,  as  in  fact  they 

I  not  used,  and  are  not  to  be  found  in  the 
fislied  report.    The  speech  was  a  bitter  phi- 


ijiii 


lippic,  and  intendetl  to  lio  so,  fukin;r  for  il.H  point 
the  (ilK>r<'d  coalition  Ixtwein  Mi  iv  atid  .Mr 
Adams  with  n'H|Krt  to  the  election,  and  thoit 
ell'ort.'*  to  pet  up  a  iMipiiIar  rpiestictn  cfintrary  to 
i>iir  policy  of  iion-eutanplemiiit  with  foni'.'n  na- 
ivmti.  in  sendins;  niini.>iti'rM  to  tlie  coii;:i(j.s  of  the 
American  .'^tatcH  of  Spanish  origin  at  the  l.^thnum 
of  Panama.  I  heard  it  all,  and,  though  sharp 
and  cutting,  I  think  it  mi).'ht  iiuse  been  luiird, 
lm<l  ho  Ijeen  present,  without  any  manifestation 
of  resentment  by  Mr.  Clay.  ''  rt  which  l.o 
took  so  seriously  to  Iiem  i\ing  tho 

Panama  invitations  maituUi      .  tfllco, 

was  to  my  mind  nothing  ni<       tl  ding 

to  him  .1  diplomatic  superioi  .  .>li  iiabled 
him  to  obtain  fromthe  South  American  luinistcrs 
the  invitations  that  ho  wanted ;  and  not  at  all 
that  they  wore  spurious  fabrications.  As  to  the 
expression,  '^blackleg  and  puritan,^^  it  wua 
merely  a  sarcasm  to  strike  by  antithesis,  and 
which,  being  without  foundation,  might  have  been 
disregarded.  I  presented  these  views  to  tho 
parties,  and  if  tl  'y  had  come  from  Mr.  Himdolph 
they  might  have  been  suflkient ;  but  he  was  in- 
exortiblo,  and  would  not  authorize  a  word  to  be 
said  beyond  what  ho  had  written. 

All  hope  of  accommodation  having  vanished, 
the  -I'conds  proceeded  to  arrange  for  the  duel. 
The  iiftcrnooa  of  Saturday,  the  8th  of  Apiil.  was 
fixed  upon  for  tho  time  ;  the  right  bank  f  the 
Potomac,  within  the  State  of  Virginia,  abcive  tho 
Little  Falls  bridge,  was  the  place, — pistols  the 
weapons, — distance  ien  paces ;  each  party  to  bo 
attended  by  two  seconds  and  a  surgion, and  my- 
self at  liberty  to  attend  as  a  mutual  friend. 
There  was  to  be  no  i)ractising  with  pistols,  and 
there  was  none ;  and  tho  words  "  one, "  "  two, " 
"  three,  "  "  stop, "  after  the  word  "  fire, "  were, 
by  agreement  between  tho  seconds,  and  for  tho 
humane  purpose  of  reducing  the  result  as  near 
as  possible  to  chance,  to  bo  given  out  in  quick 
succession.  The  Virgim'a  side  of  the  Potomac 
was  taken  at  the  instance  of  Mr.  Randolph.  IIo 
went  out  as  a  Virginia  senator,  refusing  to  com- 
promise that  character,  and,  if  he  fell  in  defence 
of  its  rights,  Virginia  soil  was  to  him  tho  chosen 
ground  to  receive  his  blood.  There  was  a  statute 
of  tho  State  against  duelling  within  her  limits  ; 
but,  as  he  merely  went  out  to  receive  a  fire  with- 
out returning  it,  ho  deemed  that  no  fighting,  and 
consequently  no  breach  of  her  statute.  This 
reason  for  choosing  Virginia  could  only  bo  ex 


.,(*»«:' 


I  • .     /V 


I   'fi 


>-, 


'^^'K^^' 
Q     *.  1^..^. 


*^  '»' 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


121    125 


u,  m 


I.I 


lU 

u 


140 


•Uuu 


L25  ||||j  U 


ill 


1^ 
1.6 


Photographic 

Sciences 

Corporation 


23  WIST  MAIN  ^TM IT 

WEBSTIR.N.Y.  14580 

(716)172-4503 


74 


THIRTY  YEARS'  VIEW 


If 


I 

ill 
$ 
1 
1 


til. 


■' 
^ 


plained  to  mo,  as  I  alono  was  the  depository  of 
his  Rccr<:t. 

The  wtfk's  dulay  which  tbo  seconds  had  con- 
trived was  a)x>tit  expiring.  It  was  Friday  even- 
ing,  or  rattier  ni^ht,  when  I  went  to  see  Mr.  Clay 
for  the  lost  time  before  the  duel.  There  had  been 
some  alienation  between  us  since  the  time  of  the 
presidential  election  in  the  House  of  Representa- 
tives, and  I  wished  to  give  evidence  that  there 
was  nothing  personal  in  it.  The  family  were  in 
the  parlor — company  present — and  some  of  it 
staid  late.  The  youngest  child,  I  believe  James, 
went  to  sk'ep  on  the  sofa — a  circumstance  which 
availed  me  for  a  purpose  the  next  day.  Mrs. 
Clay  wa.s,  as  always  since  the  death  of  her  daugh- 
ters, the  picture  of  desolation,  but  calm,  conversa- 
ble, and  without  the  slightest  apparent  conscious- 
ness of  the  impending  event.  When  all  were 
gone,  and  she  also  had  left  the  parlor,  I  did  what 
I  came  for,  and  said  to  Mr.  Clay,  that,  notwith- 
standing our  late  political  differences,  my  perspnal 
feelings  towards  him  were  the  same  as  fomerly, 
and  that,  in  whatever  concerned  his  life  or  honor 
my  best  wishes  were  with  him.  Ho  expressed 
his  gratification  at  the  visit  and  the  declaration, 
and  said  it  was  what  he  would  have  expected  of 
me.    We  parted  at  midnight. 

Saturday,  the  8th  of  April — the  day  for  the 
duel — had  come,  and  almost  the  hour.  It  was 
noon,  and  the  meeting  was  to  take  place  at  4^ 
o'clock.  I  had  gone  to  see  Mr.  Randolph  before 
the  hour,  and  for  a  purpose ;  and,  besides,  it  was 
so  far  on  the  way,  as  he  lived  half  way  to 
Georgetown,  and  we  had  to  pass  through  that 
place  to  cross  the  Potomac  into  Virginia  at  the 
Little  Falls  bridge.  I  had  heard  nothing  from 
him  on  the  point  of  not  returning  the  fire  since 
the  first  communication  to  that  effect,  eight  days 
before.  I  had  no  reason  to  doubt  the  steadiness 
of  his  determination,  but  felt  a  desire  to  have 
fresh  assurance  of  it  after  so  many  days'  delay, 
and  so  near  approach  of  the  trying  moment.  I 
knew  it  would  not  do  to  ask  him  the  question — 
any  question  which  would  imply  a  doubt  of  his 
word.  His  sensitive  feelings  would  be  hurt  and 
annoyed  at  it.  So  I  fell  upon  a  scheme  to  get  at 
the  inquiry  without  seeming  to  make  it.  I  told 
him  of  my  visit  to  Sir.  Clay  the  night  before — 
of  the  late  sitting — the  child  asleep — the  uncon- 
scious tranquillity  of  Mrs.  Clay ;  and  added,  I 
could  not  help  reflecting  how  different  all  that 
might  be  the  next  night.    He  understood  roe 


pcrlbctly,  and  immediately  said,  with  a  quicto^ 
of  look  and  expression  which  seemed  to  rcbuu 
an  unworthy  doubt  "  I  thaU  do  nothing  to  du- 
turb  the  Bleep  of  the  child  or  the  repoge  of  ti,, 
mother,"  and  went  on  with  his  employment— (b  I 
seconds  bemg  engaged  m  their  preparations  in  1 1 
different  room) — which  was,  making  codicils  ul 
his  will,  all  in  the  way  of  remembrance  ttl 
friends;  the  bequests  slight  in  value,  but  inT;l.| 
uable  in  tenderness  of  feeling  and  beauty  of  e!.[ 
pression.  and  always  appropriate  to  the  rccciT>i.l 
To  Mr.  Macon  he  gave  some  English  sliilliii«^| 
to  keep  the  game  when  he  played  whist.   Hi  I 
namesake,  John  Randolph  Bryan,  then  at  fichooll 
in  Baltimore,  and  since  married  to  his  niece,  hit 
been  sent  for  to  see  him,  but  sent  off  before  tlil 
hour  for  going  out,  to  savo  the  boy  from  a  \m\ 
ble  shock  at  seeing  him  brought  back.    Hi| 
wanted  some  gold — that  coin  not  being  then  iil 
circulation,  and  only  to  be  obtained  by  favor  otl 
purchase — and  sent  his  faithful  man,  Johnnri 
to  the  United  States  Branch  Bank  to  got  a  fnl 
pieces,  American    bemg   the    kind  asked  fcrj 
Johnny  returned  without  the  gold,  and  dclinrtil 
the  excuse  that  the  bank  had  none.    Instantljl 
Mr.  Randolph's    clear   silver-toned  voice  nl 
heard  above  its  natural  pitch,  exclaiming,  "  Tlitit| 
name  is  legion !  and  they  are  liars  from  the  t»| 
ginning.     Johnny,  bring  me  my  horse." 
own    saddle-horse  was    brought    him — for  1 
never  rode  Johnny's,  nor  Johnny  his,  thoui 
both,  and  all  his  hundred  horses,  were  of  i 
finest  English  blood — and  rode  off  to  the 
down  Pennsylvania  avenue,  now  Corcoran  I 
Riggs's — Johnny    following,  as   always,  fort 
paces  behind.    Arrived  at  the  bank,  this  ticcDt 
according  to  my  informant,  took  place : 

"  Mr.  Randolph  asked  for  the  state  of  Iiis  kJ 
count,  was  shown  it,  and  found  to  be  some  fog 
thousand  dollars  in  his  fiivor.    He  asked  for  1 
The  teller  took  up  packages  of  bills,  and  ciTill| 
asked  in  what  sized  notes  he  would  have  it 
want  money,'  said  Mr.  Rtmdolph,  putting 
phasis  on  the  word ;  and  at  that  time  it  reqtiin 
a  bold  man  to  intimate  that  United  States  Bui 
notes  were  not  money.    The  teller,  beginning  t 
understand  him,  and  willing  to  nuuce  sure, 
inquiringly,  'You  want  silver?'    'I  wanti 
money ! '  was  the  reply.    Then  the  teller,  111 
boxes  to  the  counter,  said  politely :  '  Have  ; 
a  cart,  Mr.  Randolph,  to  put  it  in?'    'Thtti| 
my  business,  sir,'  said  ho.    By  that  time  the  I 
tention  of  the  cashier  (Mr.  Richard  Smith)  i 
attracted  to  what  was  going  on,  who  came  up,  i 
understanding  the  question,  and  its  cause,  tot 


ANNO  1826.     JOHN  QUISCY  ADAMi^  rK*>*Il)KNT. 


40 


kir.  Rumlulph  tlicro  wu  a  roisUke  in  the  answer 
liven  to  his  ocrvnnt ;  that  thcv  bad  gold,  and  he 
Viil<l  have  what  he  wanted." 

In  fact,  he  had  only  applied  for  a  few  pieces, 
kich  he  wanted  for  a  Hpecial  purpose.    This 
[ruujfht  about  a  corapromiiie.    The  pieeeH  of  ^old 
}ere  received,  the  cart  and  the  ailrer  dispensed 
[ith;  but  the  account  in  bank  was  closed,  and  a 
ck  taken  for  the  amount  on  New- York.    lie 
itumed  and  delivered  rae  a  sealed  paper,  which 
liras  to  open  if  he  was  killed— giro  back  to  him 
]  he  was  not ;  also  an  open  slip,  which  I  was  to 
I  before  I  got  to  the  ground.    This  slip  was 
Irequest  to  feci  in  his  left  breeches  pocket,  if  he 
killed,  and  find  so  many  pieces  of  gold — I 
llieve  nine— take  three  for  myself,  and  give  the 
ne  number  to  Tatnoll  and  Hamilton  each,  to 
ko  seals  to  wear  in  remembrance  of  him.  We 
^re  all  throe  at  Mr.  Randolph's  lodgings  then, 
I  soon  sat  out,  Mr.  Randolph  and  his  seconds 
|a  carriage,  I  following  hiin  on  horseback. 
;  have  already  said  that  the  count  was  to  bo 
|ick  after  giving  the  word  "  fire,"  and  for  a 
on  wliich  could  not  bo  told  to  the  principals. 
I  Mr.  Bandolph,  who  did  not  mean  to  fire,  and 
0,  though  agreeing  to  be  shot  at,  had  no  desire 
!  bit,  this  rapidity  of  counting  out  the  time 
1  quick  arrival  at  the  command  "  stop  "  pre- 
Ited  no  objection.    With  Mr.  Olay  it  was  dif- 
lent.    With  him  it  was  all  a  real  transaction, 
I  gave  rise  to  some  proposal  for  more  deliber- 
pess  in  counting  o£f  the  time ;  which  being 
pmuoicated  to  Col.  Tatnall,  and  by  him  to 
^Randolph, had  an  ill  eficct  upon  his  feelings, 
aided  by  an    untoward  accident  on  the 
Dd,  unsettled  for  a  moment  the  noble  deter- 
kation  which  he  had  formed  not  to  fire  at  Mr. 
I  now  give  the  words  of  Gen.  Jcsup : 

hVhen  I  repeated  to  Mr.  Clay  the  '  word '  in 

jmanncr  in  which  it  would  bo  given,  he  ex- 

Home  apprehension  that,  as  he  was  not 

£tomed  to  the  use  of  the  pistol,  he  might 

|bc  able  to  fire  within  the  time,  and  for  that 
on  alone  desired  that  it  might  be  prolonged. 

Mentioned  to  Col.  Tatnall  the  desire  of  Mr. 
He  replied, '  If  you  insist  upon  it,  the 
I  roust  be  prolonged,  but  I  should  very  much 
et  it.'  I  informed  him  I  did  not  insist  upon 
jon^lnK  tlio  time,  and  I  wos  sure  Mr.  Olay 
ud  acquiesce.  The  original  agreement  was 
|od  ont." 

knew  nothing  of  this  until  it  was  too  late  to 
with  the  seconds  or  principals.    I  bad 


crossed  the  Little  Falls  bridge  Just  after  the?n. 
and  come  to  the  place  wlicro  the  servnntx  and 
carriage*  had  stopped.    I  saw  none  of  the  gen- 
tlemen, and  supposed  they  hail  all  pone  to  the 
spot  whore  the  ground  woh  bein^  marked  oil'; 
but  on  speaking  to  Johnny,  Mr.  Uamlolph,  who 
was  still  in  his  carria^  and  heard  my  voice, 
looked  out  from  tlie  window,  and  said  to  me : 
"  Colonel,  since  I  saw  3'ou,  and  since  I  have  been 
in  this  carriage,  I  have  heard  something  which 
inat/  make  me  change  my  determination.    Col. 
Hamilton  will  give  you  a  note  whk;h  will  explain 
it."    Col.  Hamilton  was  then  in  the  carriage, 
and  gave  me  the  note,  in  the  course  of  the  even- 
ing, of  which  Mr.  Randolph  spoke.     I  readily 
comprehended  that  this  pos.sible  change  of  deter- 
mination related  to  his  firing  ;  but  the  cmphoHis 
with  which  ho  pronounced  the  wonl  "i«ay" 
clearly  showed  that  his  mind  was  undecided,  and 
left  it  doubtf\il  whether  he  would  fire  or  not. 
No  further  conversation  took  place  between  us ; 
the  preparations  for  the  duel  were  finished ;  the 
parties  went  to  their  places ;  and  I  went  forward 
to  a  piece  of  rising  ground,  from  which  I  could 
see  what  passed  and  hear  what  was  said.    The 
faitliful  Johnny  followe<l  mo  close,  speaking  not 
a  word,  but  evincing  the  deepest  anxiety  for  his 
beloved  master.    The  place  was  a  thick  forest, 
and  tho  immediate  8])ot  a  little  depression,  or 
basil,  in  which  the  parties  stood.    Tho  principals 
saluted  each  other  courteously  as  they  took  their 
stands.    Col.  Tatnall  hod  won  the  choice  of  po- 
sition, which  gave  to  Gen.  Jcsup  tho  delivery  of 
tho  word.    They  stood  on  a  line  cast  and  west — 
a  small  stump  just  behind  Mr.  Clay ;  a  low 
gravelly  bank  rose  just  behind  Mr.  Randolph. 
This  latter  asked  Gen.  Jcsup  to  repeat  the  word 
as  he  would  give  it ;  and  while  in  the  act  of  doing 
so,  and  Mr.  Randolph  adjusting  the  butt  of  his 
pistol  to  his  hand,  the  muzzle  pointing  down- 
wards, and  almost  to  the  ground,  it  fired.    In- 
stantly Mr.  Randolph  turned  to  Col.  Tatnall  and 
said:  "I  protested  against  that  hair  trigger." 
Col.  Tatnall  took  blame  to  himself  fo..*  having 
sprung  tho  hair.    Mr.  Clay  hod  not  then  receiv- 
ed his  pistol.     Senator  Johnson,  of  Louisiana 
(  Josiah),  oneof  his  seconds,  was  carrying  it  to  him, 
and  still  several  steps  from  him.    This  untimely 
fire,  though  clearly  an  accident,  necessarily  gave 
rise  to  some  remarks,  and  a  species  of  inquiry, 
which  was  conducted  with  the  utmost  delicacy, 
t  at  wbKh,  io  itself,  ^ras  of  a  nature  to  be  inexprca- 


ANXO  182P.    JOHN  QUISCY  ADAM^  PRKSIDENT. 


lO 


\\r.  RADilulph  tiicro  wu  a  roisUke  in  th«  answer   croaaed  the  Little  FalU  brid^o  Just  artcr  thorn. 
fiven  to  his  servant ;  that  thev  bad  gold,  and  he  j  ^nd  com«i  to  tiio  place  wlicrc  the  «irvni\t«  and 
otiW  have  what  he  wanted.'  j  c»,ri,,g«|  had  stopped.     I  saw  none  of  the  pen- 


In  fact,  he  had  only  applied  for  »  few  piecen, 
^liich  he  wanted  for  a  special  purpose.  This 
Iruught  about  a  ooroproiuiMe.  The  pieces  of  gold 
\tK  received,  the  cart  and  the  silrer  dtapeascd 
kith ;  but  the  account  in  bank  was  closed,  and  a 
ck  taken  for  the  amount  on  Now- York.  Ho 
itumed  and  delivered  rae  a  scaled  paper,  which 
Ivru  to  open  if  he  waa  killed— giro  back  to  him 
[  he  was  not ;  also  an  open  slip,  which  I  was  to 
1  before  I  got  to  the  ground.  This  slip  was 
Irequest  to  feel  in  his  loft  breeches  pocket,  if  he 
killed,  and  find  so  many  pieces  of  gold — I 
^lieve  nine — take  three  for  myself,  and  give  the 
ne  number  to  Tatnall  and  Hamilton  each,  to 
ko  seals  to  wear  in  remembrance  of  him.  We 
^re  all  three  at  Mr.  Randolph's  lodgings  then. 


I  tlemen,  and  suppoHed  they  hod  all  pone  to  the 
'  spot  whore  the  ground  wax  bein^  marked  oil*; 
but  on  speaking  to  Johnny,  Mr.  Uatidolph,  who 
waa  still  in  his  carriage  and  heard  my  voice, 
looked  out  from  the  window,  and  faid  to  me : 
"  Colonel,  since  I  saw  you,  and  since  I  have  been 
in  this  carriage,  I  liavo  heard  something  which 
may  make  mo  change  my  determination.  Col. 
Hamilton  will  give  you  a  note  which  will  explain 
it"  Col.  Hamilton  was  then  in  the  carriage, 
and  gave  me  the  note,  in  the  course  of  the  even- 
ing, of  which  Mr.  Randolph  spoke.  I  readily 
comprehende<l  that  this  possible  change  of  deter- 
mination related  to  his  firing  ;  but  the  emphasis 
with  which  ho  pronounced  the  word  "wiay" 
clearly  showed  that  his  mind  was  undecided,  and 


soon  sat  out,  Mr.  Randolph  and  his  seconds   Ic^  *'  donbtftil  whether  he  would  flro  or  not. 


U  carriage,  I  following  hiui  on  horseback, 

[  have  already  said  that  the  count  was  to  bo 

|ick  after  giving  the  word  "fire,"  and  for  a 

on  wliich  could  not  be  told  to  the  principals. 

I  Mr.  Randolph,  who  did  not  mean  to  fire,  and 

,  though  agreeing  to  be  shot  at,  had  no  desire 

!  hit,  this  rapidity  of  counting  out  the  time 

1  quick  arrival  at  the  command  "  stop  "  pre- 

kted  no  objection.    With  Mr.  Clay  it  was  dif- 

lent<    With  him  it  was  all  a  real  transaction, 

1  gave  rise  to  some  proposal  for  more  deliber- 

ness  in  counting  off  the  time;  which  being 

puoicated  to  Col.  Tatnall,  and  by  him  to 

\  Randolph,  hod  an  ill  effect  upon  his  feelings, 

aided  by  an    untoward  accident  on  the 

und,  unsettled  for  a  moment  the  noble  deter- 

kation  which  he  hod  formed  not  to  fire  at  Mr. 

I  now  give  the  words  of  Gen.  Jcsup ! 

pVhcn  I  repeated  to  Mr.  Clay  the  '  word '  in 
■manner  in  which  it  would  bo  given,  he  ex- 
pcd  some  apprehension  that,  as  he  was  not 
stomed  to  the  use  of  the  pistol,  he  might 
|bc  able  to  fire  within  the  time,  and  for  that 
on  alone  desired  that  it  might  be  prolonged. 
Mentioned  to  Col,  Tatnall  the  desire  of  Mr. 
He  replied, '  If  you  insist  upon  it,  the 
\  must  be  prolonged,  put  I  should  very  much 
«t  it,'  I  informed  him  I  did  not  insist  upon 
ending  the  time,  and  I  was  sure  Mr.  Cflay 
Rd  acquiesce.  The  original  agreement  was 
M  out." 

bow  nothing  of  this  until  it  was  too  late  to 
with  the  seconds  or  principals.    I  hod 


No  further  conversation  took  place  between  us ; 
the  preparations  for  the  duel  were  finished ;  the 
parties  wont  to  their  places ;  and  I  went  forward 
to  a  piece  of  rising  ground,  from  which  I  could 
see  what  passed  and  hear  what  was  said.    The 
faithful  Johnny  followe<l  mo  close,  speaking  not 
a  word,  but  evincing  the  deepest  anxiety  for  his 
beloved  master.    The  place  was  a  thick  forest, 
and  the  immediate  s])ot  a  little  depression,  or 
basia,  in  which  the  parties  stood.    Tho  principals 
saluted  each  other  courteously  as  they  took  their 
stands.    Col.  Tatnall  had  won  tho  choice  of  po- 
sition, which  gave  to  Gen.  Jesup  tho  delivery  of 
tho  word.    They  stood  on  a  lino  cast  and  west — 
a  small  stump  just  behind  Mr.  Clay ;  a  low 
gravelly  bank  roso  just  behind  Mr.  Randolph. 
This  latter  asked  Qen.  Jesup  to  repeat  tho  word 
08  he  would  give  it ;  and  while  in  the  act  of  doing 
so,  and  Mr.  Randolph  adjusting  tho  butt  of  his 
pistol  to  his  hand,  the  muzzle  pointing  down- 
wards, and  almost  to  the  giound,  it  fired.    In- 
stantly Mr.  Randolph  turned  to  Col.  Tatnall  and 
said:  "I  protested  against  that  hair  trigger." 
Col.  Tatnall  took  blame  to  himself  fo^*  having 
•prung  the  hair.    Mr.  Clay  hod  not  then  receiv- 
ed his  pistol.     Senator  Johnson,  of  Louisiana 
(  Josiah),  oneof  his  seconds,  was  carrying  it  to  him, 
and  still  several  steps  from  him.    This  untimely 
fire,  though  clearly  an  accident,  necessarily  gave 
rise  to  some  remarks,  and  a  species  of  inquiry, 
wbksh  was  conducted  with  tho  utmost  delicacy, 
I  at  which,  in  itself,  ^vas  of  a  nature  to  be  inexpres- 


7G 


THIRTY  YEARS'  VIEW. 


8ihly  painful  Uj  a  gcntleman'H  fcc1inp«.  Mr.  Clay 
Htop|H!<l  it  with  thu  f^nei'oiiH  remark  that  tho  fire 
wan  clearly  an  accident :  an<l  it  wa«  so  iinoni- 
inoimly  declared.  Another  pistol  was  immedi- 
ately rnmiHhcd;  and  exchnnj!:©  of  shots  took 
place,  and,  happily,  without  effect  upon  tho  per- 
sons. Mr.  Randolph's  bullet  struck  tho  stump 
behind  Mr.  Clay,  and  Mr,  Clay's  k'lotkcd  up  the 
earth  and  (gravel  behind  Mr.  Randolph,  and  in  a 
lino  with  the  level  of  his  hips,  both  bullcta  hav- 
inp;  gone  so  truo  and  close  that  it  was  a  marvel 
how  they  mis.scd.  Tho  moment  had  como  for 
mo  to  hitcrposc.  T  went  in  among  tho  parties 
and  offered  my  mediation  ;  but  nothing  could  be 
done.  Mr.  Clay  said,  with  that  wave  of  the 
hand  with  which  he  was  accustomed  to  put  away 
a  trifle,  "  This  ia  chiUVa  play!"  and  required 
another  fire.  Mr.  Randolph  also  demanded 
another  fire.  The  seconds  were  directed  to  re- 
load. "While  this  was  doing  I  prevailed  on  Mr. 
Randolph  to  walk  away  from  his  post,  and  rc- 
ncw«.d  to  him,  more  pressingly  than  ever,  my 
importunities  to  yield  to  somo  accommodation ; 
but  I  found  him  more  determined  than  I  had 
ever  seen  him,  and  for  tho  first  time  impatient, 
and  seemingly  annoyed  and  dissatisfied  at  what 
I  was  doing.  IIo  was  indeed  annoyed  and  dis- 
satisfied. The  accidental  fire  of  his  pistol  preyed 
upon  liis  feelings.  IIo  was  doubly  chagrined  at 
it,  both  as  a  circumstance  susceptible  in  itself  of 
an  unfair  interpretation,  and  as  having  been  the 
immediate  and  controlling  cause  of  his  firing  at 
Mr.  Clay.  IIo  regretted  this  firo  tho  instant  it 
was  over.  IIo  felt  that  it  had  subjected  him  \o 
imputations  from  which  ho  know  liimsclf  to  be 
free — a  desire  to  kill  Mr.  Clay,  and  a  contempt 
for  tho  laws  of  his  beloved  State ;  and  the  an- 
noyances which  ho  felt  at  these  vexatious  cir- 
cumstances revived  his  original  determination, 
and  decided  him  irrevocably  to  carry  it  out. 

It  was  in  tlus  interval  that  ho  told  mo  what 
ho  had  heard  since  we  parted,  and  to  which  he 
alluded  when  ho  spoke  to  mo  from  the  window 
of  tho  carriage.  It  was  to  this  cfTcet :  That  ho 
had  been  informed  by  Col.  Tatnall  that  it  was 
pioposcd  to  give  out  tho  words  with  more  delib- 
cratencss,  so  as  to  prolong  the  time  for  taking 
aim.  This  information  grated  harshly  upon  his 
feelings.  It  unsettled  his  purpose,  and  brought 
his  mind  to  the  inquiry  (as  he  now  told  me,  and 
as  I  found  it  expressed  in  the  note  which  he  had 
immediately  written  in  pencil  tv  apprise  mo  o ' 


his  possible  change),  whether,  under  thes«  r^i 
ctimstanccs.  he  might  not  "  disable  "  his  a,|r,,[ 
sary  ?  This  note  is  so  charnctcristic,  and  ^| 
an  es-scntial  part  of  tliis  affair,  that  I  her«  jA 
its  very  words,  so  far  as  relates  to  this  poin*.  J 
ran  thus : 

"  Information  received  from  Col.  Tatnall  sii, 
I  got  into  the  carriage  may  induce  me  to  ehuA 
my  mind,  of  not  returning  Mr.  Clay's  firt. 
seek  not  his  death.    I  would  not  have  his  l,J 
nfion  my  hands — it  will  not  be  upon  my  sdaij 
shfd  in  self-defence — for  the  world.     He  has  J 
tcrminetl,  by  tho  use  of  a  long,  preparatorv  r. 
tion  by  words,  to  get  time  to  kill  me.   Maylii 
then,  disable  him  ?    Yes,  if  I  please." 

It  has  boon  seen,  by  the  statement  ofr^ 
Jesup,  already  given,  that  this  "  informali<n\ 
was  a  misapprehension ;  that  Mr.  Clay  hati  i 
applied  for  a  prolongation  of  time  for  the  pun 
of  getting  sure  aim,  but  only  to  enable  his  uniu 
hand,  long  unfamiliar  with  the  pistol,  to( 
within  the  limited  time;  that  there  was  no|i 
longation,  in  fact,  either  granted  or  insisted  up 
but  he  was  in  doubt,  and  General  Jesup  bin 
won  the  word,  ho  was  having  him  repeat  it| 
tho  way  he  was  to  give  it  out,  when  his  fin 
touched  tho  hair-trigger.    How  unfortunate  il 
I  did  not  know  of  this  in  timo  to  speak  to  ( 
eral  Jesup,  when  one  word  from  him  would  \ 
set  all  right,  and  saved  the  imminent  risks  in 
red  1  This  inquiry,  "May  I  not  disable  him?" 
still  on  Mr.  Randolph's  mind,  and  dependent^ 
its  solution  on  the  rising  incidents  of  the  moi 
when  the  accidental  fire  of  his  '         gave^ 
turn  to  his  feelings  which  solved  .         ibL  I 
he  declared  to  me  that  he  had  no<,  aimed  itl 
life  of  Mr.  Clay ;  that  he  did  not  level  as  hi^| 
the  knees — not  higher  than  the  knee-band;  ■ 
it  was  no  mercy  tr^  .hoot  a  man  in  the  km 
that  his  only  object  was  to  disable  him  and^ 
his  aim.    And  then  added,  with  a  beauty  off 
prcssion  and  a  depth  of  feeling  which  no  std 
oratory  can  ever  attain,  and  which  I  -;shall  i 
forget,  these  impressive  words :  "  /  irou/d  i 
have  seen  him  fall  mortally,  or  even  dm 
wounded,  for  aU  the  land  that  is  v!ateni\ 
the  King  of  Floods  and  all  his  trih 
streams.''''  He  left  me  to  resume  his  post,utl 
refusing  to  explain  out  of  the  Senate  anTll 
that  he  had  said  in  it,  and  with  the  positinl 
laration  that  ho  would  not  return  the  neitf 
I  withdrew  a  little  way  into  the  woods,  i 
my  eyes  fixed  on  Mr.  Randolph,  who  I  tbesb 


ANNO  1826.     JOHX  QUINCY  ADAMS,  TREi'IDENT. 


I  I 


.  ]^  the  only  one  in  danger.    I  mw  him  receive 

L  fire  of  Mr.  Clay,  saw  the  (p-avel  knocked  up 

tlie  same  place,  saw  Mr.  liandolph  raitw  ht8 

jj^ml-nlischarge it  in  the  air;  heard  him  say,  '/ 

I  not  fire  at  you,  Mr.  Clay  ;^  and  immediately 

rivincing  and  ofTcring  hLs  hand.     He  was  met  in 

L,  ^anic  spirit.  They  met  half  way,  shook  hand3, 

|r.  Randolph  saying,  jocosely,  '  Vow  owe  me  a 

at.  Mr.  Clay — (the  bullet  had  passed  through 

Le  skirt  of  the  coat,  very  near  the  hip) — to 

Ihich  Mr.  Clay  promptly  and  happily  replied, 

Jam  elad  the  debt  ia  no  greater?  I  had  cone 

I,  and  was  prompt  to  proclaim  what  I  had  been 

lliged  to  keep  secret  for  eight  days.     The  joy 

{all  was  extreme  at  this  happy  termination  of  a 

piit  critical  affair ;  and  we  immediately  left,  with 

kilter  hearts  than  we  brought.    I  stopped  to 

I  with  Mr.  lUndolph  and  his  friends — none  of 

vranted  dinner  that  day — and  had  a  charac- 

tistic  time  of  it.    A  runner  came  in  from  the 

nk  to  say  that  they  had  overpaid  him,  by  mis- 

kic,  $130  that  day.    Ho  answered, '  I  believe  it 

your  rule  not  to  correct  mistakes,  except  at 

I  time,  and  at  your  counter.^    And  with  that 

JKWcr  the  runner  had  to  return.     When  gone, 

f,  Ikndolph  said,  '  /  will  pay  it  on  Monday : 

Vpk  must  be  honest,  if  banks  are  not.^    He 

ked  for  the  boaled  paper  he  had  given  me, 

^ncd  it,  took  out  a  check  for  $1,000,  drawn  in 

favor,  and  with  which  I  was  request*^  to 

ke  him  carried,  if  killed,  to  Virginia,  and  buried 

Jder  his  patrimonial  oaks — ^not  let  him  be  buried 

I  Washington,  with  an  hundred  hacks  after 

Ho  took  the  gold  from  his  left  breeches 

Iket,  and  said  to  us  (Hamilton,  Tatnall,  and 

'Gentlemen,  Clay's  bad  shooting  shan't  rob 

I  of  your  seals.    I  am  going  to  London,  and 

I  have  them  made  for  you ;'  which  he  did,  and 

bt  characteristically,  so  far  as  mine  was  con- 

ped.  He  went  to  the  herald's  oiBce  in  London 

inquired  for  the  Benton  family,  of  which  I 

often  told  him  there  was  none,  as  we  only 

I  on  that  side  from  my  grandfather  in  North 

folina.    But  the  name  was  found,  and  with  it 

bat  of  arms — among  the  quarterings  a  lion 

Ipant.    That  is  the  family,  said  he ;  and  had 

I  arms  engraved  on  the  seal,  the  same  which  I 

i  since  habitually  worn ;  and  added  the  motto, 

his  non  verbis:  of  which  he  was  afterwards 

ptotned  to  say  the  non  shouid  be  changed 

I  tl.    But  enough.    I  run  into  these  details, 

I  merely  to  relate  an  event,  but  to  show  cha- 


racter ;  and  if  I  have  not  done  it,  it  is  not  for 
want  of  material,  but  of  ability  to  use  it. 

On  Monday  the  parties  exchanpetl  cards,  and 
social  relations  were  formally  and  courteously  re- 
stored. It  was  about  the  last  hiph-tone«l  due) 
that  I  have  witnessed,  and  among  the  highest- 
toned  that  I  have  ever  witnessed,  and  so  hnppily 
conducted  to  a  fortunate  issue — a  result  duo  to 
the  noble  character  of  the  seconds  as  well  as  to 
the  generous  and  heroic  spirit  of  the  principals. 
Certainly  duelling  is  bad,  and  has  been  put  down, 
but  not  quite  so  bad  as  its  substitute — revolvers, 
bowie-knives,  blackguarding,  and  street-assassi- 
nations under  the  pretext  of  self  defence. 


CHAPTER    XXVII. 

DEATH  OF  MR.  GAILLARD. 

He  was  a  senator  from  South  Carolina,  and 
had  been  continuously,  from  the  year  1804.  Ho 
was  five  times  elected  to  the  Senate — the  first 
time  for  an  unexpired  term — and  died  in  the 
course  of  a  term ;  so  that  the  years  for  whic|i 
he  had  bee  elected  were  nearly  thirty.  He  was 
nine  times  elected  president  of  the  Senate  pro 
tempore,  and  presided  fourteen  years  over  the  de- 
liberations of  that  body, — the  deaths  of  two  Vice- 
Presidents  during  his  time  (Messrs.  Clinton  and 
Gerry),  and  the  much  absence  of  another  (Gov. 
Tompkins),  making  long  continued  vacancies  in 
the  President's  chair, — which  ho  was  called  to  fill. 
So  many  elections,  and  such  long  continued  ser- 
vice, terminated  at  last  only  by  death,  bespeaks 
an  eminent  fitness  both  for  the  place  of  Senator, 
and  that  of  presiding  officer  over  the  Senate.  In 
the  language  of  Mr.  Macon,  ho  seemed  born  for 
that  station.  Urbane  in  his  manners,  amiable  in 
temper,  scrupulously  impartial,  attentive  to  his 
duties,  exemplary  paticLce,  perfect  knowledge  of 
the  rules,  quick  and  clear  discernment,  uniting 
absolute  firmness  of  purpose,  with  the  greatest 
gentleness  of  manners,  setting  young  Senators 
right  with  a  delicacy  and  amenity,  which  spared 
the  confusion  of  a  mistake — preserving  order,  not 
by  authority  of  rules,  but  by  the  graces  of  de- 
portment: such  were  the  qualifications  which 
commended  him  to  the  presidency  of  the  Senate, 


78 


TIIIRTV  TEARS'  VIEW, 


1 


•  a 


nntl  wliich  facilitated  the  trnnsnelion  of  buMncM 
wliiif  prescrvinj?  the  decorum  of  the  Ijody.  There 
was  probably  not  an  instance  of  disorder,  or  a 
(lixapfrecablo  scene  in  the  chamber,  during  his 
lonp;  continued  presidency,  lie  clastwd  demo- 
cratically in  politics,  but  was  as  much  the  favorite 
of  one  side  of  the  house  as  of  the  other,  and  that 
in  the  high  party  times  of  the  war  with  Great 
JJritain,  whicii  to  much  exasjierated  pnrty  spirit. 
Mr.  Uaillard  was,  as  his  name  would  indicate, 
of  Frencli  descent,  having  issued  from  one  of 
those  Huguenot  families,  of  which  the  bigotry  of 
Louis  XIV.,  dominated  by  an  old  woman,  depriv- 
ed France,  for  the  benefit  of  other  countries. 


CHAPTEll     XXVIII. 

AMKXPMKNT  OF  THE  CONSTITt'TIOX  IN  RELA- 
TION TO  THE  ELECTION  OF  I'liESlDtNT  AND 
VICEI'KESIDENT. 

The  attempt  was  renewed  at  the  session  of 
1825-'26  to  procure  an  amendment  to  the  con- 
stitution, in  relation  to  the  election  of  the  two 
first  magistrates  of  the  republic,  so  as  to  do  away 
with  all  intermediate  agencies,  and  give  the  elec- 
tion to  the  direct  vote  of  the  people.    Several 
flpccific  projiositions  were  offered  in  the  Senate 
to  that  effect,  and  all  substituted  by  a  general 
proposition  submitted  by  Mr.  Macon — "  that  a 
select  committee  be  appointed  to  report  upon  the 
best  and  most  practicable  mode  of  electing  the 
President  and  Vice-President :"  and,  on  the  mo- 
tion of  Mr.  Van  Buren,  the  number  of  the  com- 
mittee was  raised  to  nine — instead  of  five — the 
usual  number.    The  members  of  it  were  ap- 
pointed by  Mr.  Calhoun,  the  Vice-President,  and 
were  carefully  selected,  both  geographically  as 
coming  from  different  sections  of  the  Union,  and 
personally  and  politically  as  being  friendly  to 
the  object  and  known  to  the  country.    They 
were :  Mr.  Benton,  chairman,  Mr.  Macon,  Mr. 
Van  Buren,  Mr.  Hugh  L.  White  of  Tennessee, 
Mr.  Findlay  of  Pennsylvania,  Mr.  Dickerson  of 
New  Jersey,  Mr.  Holmes  of  Maine,  Mr.  Hayne 
of  South  Carolina,  and  Col.  Richard  M.  Johnson 
of  Kentucky.    The  committee  agreed  upon  a 
proposition  of  amendment,  dispensing  with  elec- 
tors, providing  for  districts  in  which  the  direct 


vote  of  the  people  wa«  to  be  taken ;  and  ohtj  I 
ting  all  excuse  for  caucnses  and  conventions,! 
concentrate  public  opinion  by  proposing  a  ftttoitj I 
election  between  the  two  highest  in  the  cymA 
no  one  receiving  a  majority  of  the  whole  nnmV 
of  district  votes  in  the  first  election.  The  pin 
reported  was  in  these  words : 

"  That,  hereafter  the  President  and  Vicc-Pra,! 
ident  of  the  United  States  shall  bo  chosen  byij 
People  of  the  respective  States,  in  the  mini), 
following :  Each  State  shall  be  divided  br  t 
legislature  thereof,  into  districts,  equal  in  nia 
ber  to  the  whole  number  of  senators  and  ntn 
sentativcs,  to  which  such  Slate  may  be  entitle 
in  the  Congress  of  the  United  States ;  the  s^ 
districts  to  be  composed  of  contiguous  territotrl 
and  to  contain,  as  nearly  as  may  be,  an  eqij 
number  of  persons^  entitled  to  be  rcprescnte 
under  the  constitution,  and  to  be  laid  off  for  ij 
first  time,  immediately  idTter  the  ratification  i 
this  amendment,  and  afterwards  at  the  ge^ 
of  the  legislature  next  ensuing  the  appointnn 
of  representatives,  by  the  Congress  of  the  Unit, 
States;  or  oftener,  if  deemed  necessary  byil 
State ;  but  no  alteration,  after  the  first,  on 
each  decennial  formation  of  districts,  shall 
effect,  at  the  next  ensuing  election,  after  i 
alteration  is  made.    That,  on  the  first  Thum 
and  succeeding  Friday,  in  the  month  of  Au^ 
of  the  year  one  thousand  eight  hundred '^i™ 
twenty-eight,  and  on  the  same  days  in  evd 
fourth  year  thereafter,  the  citizens  of  each  Stj 
who  possess  the  qualifications  requisite  for  ela 
tors  of  the  most  numerous  branch  of  the  Su 
Legislature,  shall  meet  within  their  respccij 
districts,  and  vote  for  a  President  and  Vk 
President  of  thn  United  States,  one  of  whoaj 
least,  shall  not  be  an  inhabitant  of  the  st| 
State  with  himself:  and  the  person  receivingil 
greatest  number  of  votes  for  President,  and  tl 
one  receiving  the  greatest  number  of  votes!, 
^ice-President  in  each  district  shall  be  holdej] 
have  received  one  vote :  which  fact  shall  be  i 
mediately  certified  to  the  Governor  of  the  Sti 
to  each  of  the  senators  in  Oongress  from  i 
State,  and  to  the  President  of  the  Senate, 
right  of  affixing  the  places  in  the  districtsj 
which  the  elections  shall  beTield,  the  mannerj 
holding  the  some,  and  of  canvassing'  the  v* 
and  certifying  the  returns,  is  reserved,  m 
sively,  to  t?*  legislatures  of  the  States. 
Congress  of  the  United  States  shall  be  in  st„ 
■on  the  second  Monday  of  October,  in  theycai 
thousand  eight  hundred  and  twenty-eight,  anill 
the  same  day  in  every  fourth  year  thereafter:  a 
the  President  of  the  Senate,  in  the  presence  1 
the  Senate  and  House  of  Representatives,  si 
open  all  the  certificates,  and  the  votes  shall  t 
be  counted.     The  person  having  the  grel 
number  of  votes  for  President,  i£all  be  Pn, 
dent,  if  such  number  be  equal  to  a  majoriijl 
the  whole  number  of  votes  given  j  but  if  noji 


ANNn  IHJ.V     JOHN  QUINi  Y  ADAMS.  run^IDKNT. 


79 


|«nn  hi«T«  ''"•^''  majority,  tlicn  %  second  election 

Lhall  Ih>  lifM,  on  the  first  Thursday  and  8uc- 

roixlinp  Friilay.  in  the  month  of  DccemlKT,  then 

nixt  ensiling,  between  the  persons  havinii;  the 

^tto  hij?he8t  numbers,  for  the  office  of  Presider  t : 

vhich  Si'cond  election  shall  b«  condiicte*!,  the 

«su!t  certified,  and  the  votes  counte<l,  in  the 

„nc  manner  as  in  the  first ;  and  the  person  hav- 

Zr  the  p-catest  number  of  votes  for  President, 

Ljll  be  Hie  President.    But,  if  two  or  more  per- 

^nsfthnll  have  received  the  greatest  and  equal 

Limber  of  votes,  at  the  second    election,  the 

House  of  Representatives  shall  choose  one  of 

hem  for  President,  as  is  now  prescribed  by  the 

constitution.     The  person  having  the  greatest 

Limber  of  votes  for  Vice-President,  at  the  first 

Uection,  shall  be  the   Vice-President,  if   such 

lumber  be  equal  to  a  majority  of  the  whole 

[umber  of  votes  given,  and,  if  no  person  have 

kich  majority,  then  a  second  election  shall  take 

Utce,  between  the  persons  having  the  two  highest 

lumbers,  on  the  same  day  that  the  second  elec- 

)n  is  held  for  President,  and  the  person  having 

le  highest  number  of  votes  for  Vice-President, 

mil  be  the  Vice-President.    But  if  two  or  more 

irsons  shall  have  received  the  greatest  number 

rotes  in  the  second  election^  then  the  Senate 

tall  choose  one  of  them  for  Vice-President,  as  is 

n-  provided  in  the  constitution.    But,  when  a 

cond  election  shall  be  necessary,  in  the  case 

F  Vice-President,  and  not  necessary  in  the  case 

r  President,  then  the  Senate  shall  choose  a  Vico- 

«idcnt,  from  the  persons  having   the  two 

ghest  numbers  in  the  first  election,  as  is  now 

icribcd  in  the  constitution.'" 

I  The  prominent  features  of  this  plan  of  election 

1.  The  abolition  of  electors,  and  the  direct 

(te  of  the  people;  2.  A  second  election  between 

!  tiro  hij^hest  on  each  list,  when  no  one  has  a 

kjority  of  the  whole;  3.  Uniformity  in  the 

de  of  election. — The  advantages  of  this  plan 

buld  be  to  get  rid  of  all  the  machinery  by 

jiich  the  selection  of  their  two  first  magistrates 

inow  taken  out  of  the  hands  of  the  people,  and 

brped  by  self-constituted,  illegal,  and  irrespon- 

lle  bodies, — and  place  it  in  the  only  safe,  prop- 

1  and  disinterested  hands — those  of  the  people 

fcmselves.    If  adopted,  there  would  be  no  pre- 

t  for  caucuses  or  conventions,  and  no  resort  to 

bHouse  of  Representatives, — where  the  largest 

p  is  balanced  by  tho  smallest.    If  any  one 

leived  a  majority  of  the  whole  number  of  dis- 

p  in  the  first  election,  then  the  democratic 

bciple-the  demos   hrateo — the  majority  to 

lem— is  satisfied.    If  no  one  receives  such 

Jjority,  then  the  first  election  stands  for  a 

lular  nomination  of  the  two  highest — a  nomi- 

ion  by  the  people  themselves — out  of  which 


two  the  cluctbn  is  sure  to  be  made  on  tho  we- 
ond  trial.     But  to  prorido  for  a  possible  rontin- 
gency — too  improbable  almost  e-er  to  o<T)ir — 
and  to  save  in  that  caso  the  trouble  of  a  third 
popular  election,  a  resort  to  the  House  of  Roi>- 
rcsentatives  is  allowed ;  it  being  nntinnnlhj  un- 
important which  is  elected  where  the-  candidntos 
were  exactly  equal  in  the  public  estimation.-— 
Such  was  tho  plan  the  committee  reported ;  and 
it  is  tho  perfect  plan  of  a  popular  election,  and 
has  the  advantage  of  being  applicable  to  all  elec- 
tions, federal  ani  State,  from  the  highest  to  the 
lowest.    The  machinery  of  its  operation  is  easy 
and  simple,  and  it  is  recommended  by  every  con- 
sideration of  public  good,  which  requires  the  aban- 
donment of  a  defective  system,  which  has  failed — 
the  overthrow  of  usurping  bodies,  which  have 
seized  upon  the  elections — and  the  preservation  to 
the  people  of  the  business  of  selecting,  as  well  a.s 
electing,  their  own  high  officers.    Tho  plan  was 
unanimously  recommended  by  the  whole  com- 
mittee, composed  as  it  was  of  experienced  men 
taken  from  every  section  of  the  Union.    But  it 
did  not  receive  the  requisite  support  of  two- 
thirds  of  the  Senate  to  carry  it  through  that 
body ;  and  a  similar  plan  proposed  in  the  House 
of  Representatives  received  the  same  fate  there 
— reported  by  a  committee,  and  unsustained  by 
two-thirds  of  the  House :  and  such,  there  is  too 
much  reason  to  apprehend,  may  be  the  fate  of 
future  similar  propositions,  originating  in  Con- 
gress, without  the  powerfid  impulsion  of  the  peo- 
ple to  urge  them  through.    Select  bodies  are  not 
the  places  for  popular  reforms.    These  reforms 
are  for  tho  benefit  of  the  people,  and  should  be- 
gin with  tho  people ;  and  the  constitution  itself, 
sensible  of  that  necessity  in  this  very  case,  has 
very  wisely  made  provision  for  the  popular  initi- 
ative of  constitutional  amendments.    Tho  fifth 
artic.e  of  that  instrument  gives  the  power  of  be- 
ginning the  reform  of  itself  to  the  States,  in  their 
legislatures,  as  well  as  to  the  federal  government 
in  its  Congress:    and  there  is    the    place  to 
begin,  and    before    the   people   themselves   in 
their  elections  to  the  general  assembly.    And 
there  should  be  no  despair  on  account  of  the  fail- 
ures already  suffered.    No  great  refonn  is  carried 
suddenly.    It  requires  years  of  persevering  exer- 
tion to  produce  the  unanimity  of  opinion  which 
is  necessary  to  a  great  popular  reformation:  buf; 
because  it  is  difficult,  it  is  not  impossible.     The 
greatest  reform  ever  effected  by  peaceful  means 


80 


TIIIRTV  YEAllS'  VIEW 


in  the  hJHtory  of  any  government  was  that  of  the 
|inrlianiuntnry  reform  of  Great  liritain,  by  which 
the  rotten  boroughs  were  disfrancliiscd,  populous 
towns  admitted  to  representation,  tho  elective 
franchise  extended,  tho  House  of  Commons  puri- 
fied, ond  made  the  predominant  branch — tho 
master  branch  of  tiio  British  government.  And 
iiow  was  tiiat  great  reform  effected  ?  By  a  few 
desultory  exertions  in  the  parliament  itself?  No, 
but  by  forty  years  of  continued  exertion,  and  by 
incessant  appeals  to  tho  people  themselves.  The 
society  for  parliamentary  reform,  founded  in 
1792,  by  Earl  Grey  and  Major  Cartwright,  suc- 
ceeded in  its  efforts  in  1832;  and  in  their  success 
thero  is  matter  for  encouragement,  as  in  their 
conduct  thero  is  an  example  for  imitation.  They 
carried  the  question  to  the  people,  and  kept  it  there 
forty  years,  and  saw  it  triumph — tho  two  patriotic 
founders  of  tho  society  living  to  see  the  consum- 
mation of  their  labors,  and  tho  country  in  the 
enjoyment  of  the  inestimable  advantage  of  a 
'•  Reformed  Parliament." 


CIIAPTEIl    XXIX. 

EEDUCTION  OF  EXECUTIVE  PATRONAGE. 

In  the  session  1825-'2G,  Mr.  Macon  moved  that 
tho  select  committee,  to  which  had  been  com- 
mitted the  consideration  of  tho  propositions  for 
amending  the  constitution  in  relation  to  the  elec- 
tion of  President  and  Vice-President,  should  also 
be  charged  with  an  inquiry  into  the  expediency 
of  reducing  Executive  patronage,  in  cases  in 
which  it  could  be  done  by  law  consistently  with 
the  constitution,  and  without  impairing  the  effi- 
ciency of  the  government.  The  motion  was  adopt- 
ed, and  the  committee  (Messrs.  Benton,  Macon, 
Van  Buren,  AVhite  of  Tennessee,  Findlay  of  Penn- 
sylvania, Dickerson,  Holmes,  IlajTie,  and  John- 
son of  Kentucky)  made  a  report,  accompanied 
by  six  bills ;  which  report  and  bills,  though  not 
acted  upon  at  the  time,  may  still  have  their  use 
in  showing  the  democratic  principles,  on  practical 
points  of  that  day  (when  some  of  the  fathers  of 
tlie  democratic  church  were  still  among  us) ; — 
and  in  recalling  the  administration  of  the  govern- 
ment, to  the  simplicity  and  economy  of  its  early 


days.  The  six  bills  reported  wore.  1.  Tort.  I 
gulato  the  publication  of  tho  laws  of  the  UiijIki 
States,  and  of  the  public  advertisements.  2.  To  I 
secure  in  ofHco  the  faithf\il  collectors  and  disburv  | 
ersof  the  revenue,  and  to  displace  defaulters. 
To  regulate  tho  appointment  of  postmasters,  \  I 
To  regulate  the  appointment  of  cadets.  5,  f,  I 
regulato  the  appointment  of  midshipmen.  G,  To  I 
prevent  military  and  naval  oilicers  from  Icii^l 
dismissed  the  service  at  the  pleasure  of  tlie  P|^l 
sident. — In  favor  of  the  general  principle,  mujI 
objects  of  all  the  bills,  the  report  accompanjiu >[ 
them,  said: 

"Incoming  to  the  conclusion  thit  ExcciitiTil 
patronage  ought  to  bo  diminished  and  regulatril 
on  the  plan  proposed,  the  committee  rest  thtirl 
opinion  on  the  ground  that  the  exercise  of  p^A 
patronage  in  the  hands  of  one  man,  has  a  tonsUml 
tendency  to  sully  tho  purity  of  our  institutioml 
and  to  endanger  the  liberties  of  the  country.  ThJ 
doctrine  is  not  new.     A  jealousy  of  power,  injl 
of  the  influence  of  patronage,  which  must  alwinl 
accompany  its  exercise,  has  ever  been  a  distjij 
guished  feature  in  tho  American  character.  M 
displayed  itself  strongly  at  the  period  of  thcfc 
mation,  and  of  tho  adoption,  of  the  federal  i.. 
stitution.    At  that  time  the  feebleness  of  tlic  oiJI 
confederation  had  excited  a  much  greater  dn 
of  anarchy  than  of  power — 'of  anarchy  an 
tho  members  than  of  power  in  the  head '-_ 
although  the  impression  was  nearly  univeri 
that  a  government  of  more  energetic  characli 
had  become  indispensably  necessary,  yet,  en, 
under  the  influence  of  this  conviction — such  m 
the  dread  of  power  and  patronage— that  m 
States,  with  extreme  reluctance,  yielded  thj 
a.ssent  to  the  establishment  of  the  federal 
emment.    Nor  w^as  this  the  eftoct  of  idlel 
visionary  fears,  on  the  part  of  an  ignorant  mulj 
tude,  without  knowledge  of  the  nature  and  tg 
dency  of  power.    On  the  contrary,  ic  result| 
from  the  most  extensive  and  profound  politi 
knowledge,— from  the  heads  of  statesmen,  uns 
passed,  in  any  age,  in  sagacity  and  patriotia 
Nothing  could  reconcile  the  great  menofti 
day  to  a  constitution  of  so  much  jiower,  but  tl 
guards  which  were  put  upon  it  against  the  abpij 
of  power.     Dread  and  jerflousy  of  this  kbuse  i 
played  itself  throughout  the  instrument  TotI 
spirit  we  are  indebted  for  the  freedom  of{ 
press,  trial  by  jury,  liberty  of  conscience,  fre 
of  debate,  res{ionsibility  to  constitu-  nts,  pon 
of  impeachment,  the  control  of  the  Senate  d 
appointments  to  office ;  and  many  other  pni 
sions  of  a  like  character.   But  the  committceo 
not  imagine  that  the  jealous  foresinht  of  the  t 
great  as  it  was,  or  that  any  human  sagi 
could  have  foreseen,  and  placed  a  competent  j 
upon,  every  possible  avenue   to  the  abuse  J 
power.    The  nature  of  a  constitutional  act  i 
eludes  tho  possibility  of  combining  minute  p 


ANNO  182ft.     JOHN  QUINCY  ADAMS.  I'UESIDENT. 


81 


1.  TotM 
10  Unite 
s.  2.  To  I 
(I  (lisburv  I 
niters, 
listen.  4, 1 
is.  5.  tJ 
en.  G.  Til 
rrora  Icii:;! 
>f  the  Pn-j 
nciplc,  rtill 
:on]pan;iii:l 


it  resulli 
C)und  polil 
|e.smcn, 
(id  patriot] 
men  of 
Bwcr,  but 
hnRt  tlie  abi 
Ibis  ^buse 
nent.  To 
leedom  of 
|ience,  ft 
Jtu-  nts, 
\e  Senate 
other  pi 
lommittee 
lit  of  the 
nan  saj 
upetcnt 
Ithe  abu« 
iional  act 
minute 


fiction  with  pt-niTal  oxccllcnce.     After  tlio  exer- 
tion of  M  |)08.siblo  vigilanco,  NomotliinR  of  what 
uuzht  to  have  been  done,  ha.s  lx>cn  omitted ;  and 
much  ofwliat  lias  been  attempted,  has  been  found 
insutficicnt  and  unavailing  in  practice.    Much  re- 
mains for  us  to  do,  and  much  will  still  remain  for 
I  iKWterity  to  do — for  those  unborn  gencration.s  to 
I'io.  on  whom  will  devolro  the  sacred  task  of 
Unarding  the  temple  of  the  constitution,  and  of 
Ikwp'nR  a'''®  ^^^  vestal  flame  of  liberty. 
I    >•  The  committee  Ijoliovo  that  they  will  be  not- 
[ing  in  the  spirit  of  the  constitution,  in  laboring  | 
|t()  multi|ily  the  guards,  and  to  strengthen  the 
llurricrs.  against  the  possible  abuse  of  power.    I  i 
coniniimity  could  bo  imagined  in  which  the 
BaffU  should  execute  themselves — in  which  the 
Offer  of  government  should  consist  in  the  enact- 
^lent  of  laws — in  such  a  state  the  machine  of 
ovcrnmcnt  would  carry  on  its  operations  with- 
Eiit  jar  or  friction.     Parties  would  be  unknown. 
Ld  the  movements  of  the  political  machine  would 
Lt  little  more  disturb  the  passions  of  men,  than 
liey  arc  di.sturbed  by  the  operations  of  the  great 
liws  of  the  material  world.     But  this  is  not  the 
The  scene  shifts  from  this  imaginary  re- 
on,  where  laws  execute  themselves,  to  the  thea- 
of  real  life,  wherein  they  are  executed  by  civil 
1(1  military  officers,  by  armies  and  navies,  by 
urts  of  justice,  by  the  collection  and  disburse- 
B^ent  of  revenue,  with  all  its  train  of  salaries, 
lbs,  and  contracts ;  and  in  this  aspect  of  the  re- 
lity,  we  behold  the  working  of  patronaor,  and 
[scover  the  reason  why  so  many  stand  rea<ly,  in 
iv  country,  and  in  all  ages,  to  tlock  to  the  stand- 
5of  powKR,  wheresoever,  and  by  whomsoever, 
may  be  raised. 
The  patronage  of  the  federal  government  at 
beginning,  was  founded  upon  a  revenue  of 
omillions  of  dollars.   It  is  now  operating  upon 
rcDty-two  millions;  and,  within  the  lifetime  of 
,ny  now  living,  must  operate  upon  fifty.    The 
lOle  revenue  must,  in  o  few  years,  bo  wholly 
ilicable  to  subjects  of  patronage.    At  present 
mt  one  half,  say  ten  millions  of  it,  are  appro- 
ited  to  the  principal  and  interest  of  the  public 
it,  which,  from  the  nature  of  the  object,  in- 
Ires  but  little  patronage.     Tn  the  course  of  a 
years,  this  debt,  without  great  mismanage- 
t,  must  be  paid  off.    A  short  period  of  peace, 
a  faithful  application  of  the  sinking  fund, 
t  speedily  accomplish  that  most  desirable  ol> 
Unless  the  revenue  be  then  reduced,  a  work 
IdifOcult  in  republics  as  in  monarchies,  the 
nage  of  the  federal  government,  great  as  it 
idy  is.  must,  in  the  lapse  of  a  few  years,  re- 
[e  a  vast  accession  of  strength.     The  revenue 
If  will  be  doubled,  and  instead  of  one  half 
ig  applicable   to  objects  of  patronage,    the 
lie  will  take  that  direction.    Thus,  the  reduc- 
of  the  public  debt,  and  the  increase  of  reve- 
will  multiply  in  a  four-fold  degree  the  num- 
|of  persons  in  the  service  of  the  federal  gov- 
ent,  the  quantity  of  public  money  in  their 
and  the  number  of  objects  to  which  it  is 
icable;  but  as  each  person  employed  will 

V-OL  I.— 6 


have  a  circle  of  greater  or  less  dinmctcr.  of  which 
ho  is  the  ci-ntix-  and  the  soul — a  circle  composed 
of  friends  and  relations,  and  of  individuals  em- 
ployed by  hiniself  on  jmblic  or  on  private  account 
— the  actual  increase  of  federal  jHJwer  an<l  patron- 
age by  the  <!uplicutioii  of  the  revenue,  will  be. 
nut  in  the  arithmetical  ratio,  but  in  geometrical 
progression — nn  increase  almost  beyond  the  pow- 
er of  the  mind  to  calculate  or  to  comprehend.'' 

This  was  written  twenty-five  years  ago.  It.i 
anticipations  of  increased  revenue  and  patronage 
are  more  than  realized.  Instead  of  fifty  millions 
of  annual  revenue  during  the  lifetime  of  persons 
then  living,  and  then  deemed  a  visionary  specu- 
lation, I  saw  it  rise  to  sixty  millions  before  I 
ceased  to  be  a  senator ;  and  saw  all  the  objects 
of  patronage  expanding  and  multiplying  in  the 
same  degree,  extending  the  circle  of  its  influence, 
and,  in  many  cases,  reversing  the  end  of  its  crea- 
tion. Government  was  instituted  for  the  protec- 
tion of  individuaLs — not  for  their  support.  Office 
was  to  be  given  upon  qualifications  to  fill  it — not 
ujwn  the  personal  wants  of  the  recipient.  Proper 
persons  were  to  be  .sought  out  and  appointed— 
(by  the  Piesident  in  the  higher  appointments, 
and  by  the  heads  of  the  different  brandies  of 
service  in  the  lower  ones) ;  and  importunate 
suppliants  were  not  to  beg  themselves  into  an 
office  which  belonged  to  the  public,  and  was  only 
to  be  administered  for  the  public  good.  Such 
was  the  theory  of  the  government.  Practice  has 
reversed  it  Now  office  is  sought  for  support) 
and  for  the  repair  of  dilapidated  fortunes  ;  appli- 
cants obtrude  themselves,  and  prefer  "  claims"  to 
office.  Their  personal  condition  and  party  ser- 
vices, not  qualification,  are  made  the  basis  of  the 
demand:  and  the  crowds  which  congregate  at 
Washington,  at  the  change  of  an  administration, 
sup"  'icants  for  office,  are  humiliating  to  behold, 
anu  threaten  to  change  the  contests  of  parties 
fiom  a  contest  for  piinciple  into  a  struggle  for 
plunder. 

The  bills  which  were  reported  were  intended 
to  control,  and  regulate  different  branches  of 
the  public  service,  and  to  limit  some  exercises 
of  executive  power.  1.  The  publication  of  the 
government  advertisements  had  been  found  to  be 
subject  to  great  abuse — large  advertisements,  and 
for  long  periods,  having  been  often  found  to  be 
given  to  papers  of  little  circulation,  rnd  sometimes 
of  no  circulation  at  all,  in  places  where  the  adver- 
tisement was  to  operate — the  only  effect  of  that 
favor  being  to  conciliate  the  support  of  the  paper, 


82 


THIRTY  YEARS'  VIF.W. 


or  to  Mi.-tftin  nn  efficient  one.    For  remwly,  the 
bill  for  that  piiriKiso  provifUvl  for  the  Rclcction, 
ond  the  limitation  of  the  nunilKTH,  of  the  news- 
pnpcrH  which  were  to  piihlish  the  federal  lawH 
and  advertisements,  and  for  the  perimlical  rc|iort 
of '.neir  names  to  Conjjrcss.    2.    The  four  years' 
'imitation  law  was  found  to  operate  contrary  to 
its  intent,  nn<l  to  have  become  the  facile  means 
of  getting  rid  of  faithful  disbursing  officers,  in- 
stead of  retaining  them.    The  object  of  the  law 
was  to  pass  the  disbursing  officers  every  four 
years  under  the  supervision  of  the  appointing 
power,  for  the  inspection  of  their  accounts,  in 
order  that  defaulters  might  be  detecte<l  and  drop- 
ped, while  the  faithful  shouhl  bo  ascertained  and 
coniinued.    Instead  of  this  wholesome  discrimina- 
tion, the  expiration  of  the  four  years'  term  came 
to  be  considered  as  the  termination  and  vacation 
of  all  the  offices  on  which  it  fell,  and  the  crca- 
tion  of  vacancies  to  be  fdled  by  new  appointments 
at  the  option  of  the  President.    The  bill  to  re- 
medy this  evil  gave  legal  effect  to  the  original 
intention  of  the  law  by  confining  the  vacation  of 
office  to  actual  defaulters.    The  power  of  the 
President  to  dismiss  civil  officers  was  not  attempt- 
ed to  be  curtailed,  but  tho  restraints  of  respon- 
sibility were  placed  upon  its  exercise  by  requiring 
the  cause  of  dismission  to  bo  communicated  to 
Congress  in  each  case.    Tho  section  of  tho  bill  to 
that  effect  was  in  these  words :   "  Tliat  in  all 
nominations  made  by  the  Presuknt  to  the 
Senate,  to  Jill  vacancies  occasioned  by  an  exer- 
cise of  the  President's  power  to  remove  from, 
office,  thefact  of  the  removal  shall  be  slated  to 
the  Senate  at  the  same  time  that  the  nomination 
is  made,  with  a  statement  of  the  reasons  for  which 
such  officer  may  have  been  removed."    This  was 
intended  to  operate  as  a  restraint  upon  removals 
without  cause,  and  to  make  legal  and  general 
what  the  Senate  itself,  and  the  members  of  tho 
committee  individually,  had  constantly  refused 
to  do  in  isolated  cases.    It  was  the  recognition 
of  a  principle  essential  to  tho  proper  exorcise  of 
the  appointing  power,  and  entirely  consonant  to 
Mr.  Jefferson's  idea  of  removals ;  but  never  ad- 
mitted by  any  administration,  nor  enforced  by 
the  Senate  against  any  one — always  waiting  the 
legal  enactment     Tho    opinion  of   nine  such 
senators  as  composed  the  committee  who  pro- 
posed to  legalize  this  principle,  all  of  them  demo- 
jcratic,  and  most  of  them  aged  and  experienced, 
should  stand  for  a  persuasive  reason  why  this 


'  principle  nlioiild  Ixi  logalizod.    .1.  Tho  B|i|»,i;|,. 
mcnt  of  military  cadets  was  distributed  airor-l. 
ing    to   tho  Congressional   rfpresfnlalion,  »r.,i 
which  has  l»ccn  ailnpted  in  practice,  and  jhtIum 
Ijecojno  tho    patronage  of  tho  member  from  i 
district  instead  of  the  President.    5.  ThoKliyiio) 
of  midshipmen  was  placed  on  tho  same  footin» 
and  has  been  followed  by  tho  same  practicol  con* 
qucnce.    0.  To  secure  tho  indeiK-ndeiiru  of  |t. 
army  and  nrvy  officers,  tho  bill  proi)os<d  to-k, 
what  never  has  l»ccn  done  by  law,— define  ib 
tenure   by  which  they  held  their  conimi.s>ion.J 
and  substitute  "good  behavior"  for  thoclm^l 
which  now  runs  "  during  tho  pleasure  of  tfc. 
President. "     Tho  clause  in  tho  existing  com- 1 
mission  was  copied  from  those  then  in  use,  d~ 
rived  from  tho  British  government;   nn.1,  J 
making  army  and  navy  officers  subject  to  di*  I 
mission  at  tho  will  of  tho  Prcmdcnt,  departs  f™| 
tho  principle  of  our  republican  institutions,  »i>if 
lessens  tho  independence  of  tho  officers. 


CHAPTER    XXX. 

EXCLUSION  OF  MEMBERS  OF  COXOREfS  F&OI 
CIVIL  OFFICE  AITOINTMENTS. 

An  inquiry  into  the  expediency  of  amend 
tho  constitution  so  as  to  prevent  the  appointi 
of  any  member  of  Congress  to  any  federal  oJ 
of  trust  or  profit,  during  the  period  for  wliiciil 
was  elected,  was  moved  at  the  session  1825-3 
by  Mr.  Senator  Thomas  W.  Cobb,  of  Gcorjal 
and  his  motion  was  committed  to  the  consid 
ation  of  the  same  select  committee  to  which  I 
been  referred  the  inquiries  into  the  exj 
of  reducing  executive  patronage,  and  amend 
the  constitution  in  relation  to  the  election 
President  and  Vice-President.    The  motion  i 
submitted  only  applied  to  the  term  for  which  i 
senator    or    representative  was   elected— oii 
carried  the  exclusion  to  the  end  of  his  const 
tional  term ;  but  the  committee  were  of  opin 
that  such  appointments  were  injurious  to  the  i 
dependence  of  Congress  and  to  the  puritj 
legislation ;  and  believed  that  the  limitation 
the  eligibility  of  members  should  be  more  comp 
honsive  than  the  one  proposed,  and  should  exit 


to  tho  Prcoidcnt'fi  i 

Nnc*!  M  well  a« 

(he possibility  for* 

'  nifnt  fn.in  tho  Pro* 

Imt  a  iul>8ervionl 

ilinvfi'd  their  chnii 

I  nTfonlingly.     This 

miwle,  chielly  founder 

frtloml  convention  v 

I  «nil  tho  proceedings 

J  jitntcs  which  adopts 

I  cxrlu.<iiun  of  membcn 

j  ippointmcnts  vrnn  tu. 

I Tintion  on  a  full  yot( 

p'licc  of  some  roembe 

Is)  as  to  leave  an  ina 

Jclause  in  tho  constitui 

Iniody  which  had  been 

Isliowed  that  conventi( 

TinJsomo  of  the  earl 

jto  obtain  amendments 

Irll'  monibers  of  Congr« 

lotronage.     Some  cxt 

lire  (riven  to  show  tho 

kf  tho   constitution   ( 

Thus : 

•  That,  having  had  re( 
fiinos  m  which  tho  con- 
ommittce  find  that  the 
0  tlicm,  had  engaged 
wloral  convention  whic 
nd  of  several  of  the 
pitiOed  it. 

•In  an  early  stage  of 
Jivcntjon,  it  was  resol 
•  Article  6,  section  9 
louse  (of  Congress)  sha 
Ipablc  of  holding,  anv 
rthe  United  States,  dui 
lej  shall  respectively  bi 
p  of  the  Senate  shall 
Ipable  of  holding  any  s 
lienvards. ' 

rit  further  appears  fi 

liuse,  in  tho  first  draft  . 

fcpted  with  great  una 

pws,  m  the  concluding 
>  altered,  and  its  inter 
Inty  of  a  single  vote,  in 
■ehtatesby  whichit  h 

"following  the  constit 
ntions  which  ratified  it 
f  Vl  "'®  ^^ew-York  co: 
pJed,  as  follows  : 
■■'That  no  senator  „ 
Ifing  the  time  for  whi 
^omted  to  any  office 
■  United  States. 


!•( 


I 


ANNO  isirt.    J«>nN  gLINcY  AI>AM"*.  ria>II>r.ST. 


S3 


to  the  PrcftlilcntV  term  iin<l<T  whom  the  mcmJicr 

^.pi^.!  n-t  well  «■<  to  liirt  own  — (to  BH  to  flit  otr 

(j^,  possibility  for  a  mcmlior  to  n«<fivc  «n  n|)iH)int- 

ini'nt  fniii  tho  Prcftidi'iit  to  whom  he  miitht  have 

Iinl  »  Hiilmervicnt   vote:    ami   tho  committee 

ilirw'tcd  their  chairman  (Mr.  licnton)  to  report 

mxs)nlinuly.     This  was  done ;  and  a  report  was 

I  nuvlc.cliieHy  foHnde<l  mmn  tho  procowlinRS  of  tho 

te<kn\  convention  which  framed  the  constitution, 

anil  tho  proceedings  of  the  conventions  of  tlic 

jlatcs  which  adopted  it — showing  that  tho  total 

exclusion  of  members  of  Congress  from  all  fo<leraI 

I  ipiwintmcnts  was  actually  adopted  in  tho  con- 

Ivtntion  on  a  full  vote,  and  struck  out  in  tlio  ab- 

I  ^nicc  of  some  racm>jcrs ;  and  aftcrwanls  modifle<l 

Ivo  as  to  leave  an  inadequate,  and  easily  evaded 

Iclausc  in  tho  constitution  in  place  of  tho  full  rc- 

Iniwly  which  had  been  at  first  provide*!.    It  also 

Khowcd  that  conventions  of  several  of  the  States, 

kind  some  of  tho  earlier  Conpresscs,  endeavored 

Ito  obtain  amendments  to  tho  constitution  to  cut 

df  moinbcrs  of  Congress  entirely  from  ex'«utive 

patronage.     Some  extracts  from  that  report  arc 

nTC  pivcn  to  show  the  sense  of  tho  early  friends 

[if  tho    constitution   on  this  important  point. 

Ihus : 

"That,  having  had  recourse  to  the  history  of  tho 
limes  in  which  the  constitution  was  formed,  the 
»mmittce  find  that  tho  proposition  now  referred 
them,  had  engaged  tho  deliberations  of  tho 
t<loral  convention  which  framed  tho  constitution, 
nd  of  several  of  the  State  conventions  which 
Iktiflcd  it. 

"  In  an  early  stage  of  tho  session  of  tho  federal 
nvention,  it  was  resolved,  as  follows : 
j  "'Article  6,  section  9.  The  members  of  each 
louse  (of  Congress)  shall  be  ineligible  to,  and  in- 
ipable  of  holding,  anv  office  under  the  authority 
J  the  United  States,  during  tho  time  for  which 
ley  shall  respectively  bo  elected ;  and  the  mem- 
Eis  of  tho  Senate  shall  be  ineligible  to,  and  in- 
Ipablc  of  holding  any  such  office  for  one  year 
llenvards. ' 

I  '■  It  further  appears  from  the  journal,  that  this 

Kuse,  in  the  first  draft  of  the  constitution,  was 

opted  with  great  unanimity ;  and  that  after- 

krds,  in  the  concluding  days  of  the  session,  it 

p  altered,  and  its  intention  defeated,  by  a  ma- 

|rity  of  a  single  vote,  in  the  absence  of  one  of 

;  States  by  which  it  had  been  supported. 

•Following  the  constitution  into  the  State  con- 

ntions  which  ratified  it,  and  the  committee  find, 

Jat.  in  the  New- York  convention,  it  was  rccom- 

pded,  as  follows : 

That  no    senator  or  representative  shall, 
iring  the  time  for  which  he  was  elected,  be 
ointed  to  any  office  under  the  authority  of 
!  United  States. 


"  Hy  the  Virffinia  convention,  bm  follow* ; 

'•  ■  That  the  iiu'IiiUts  nl'  ili.-  S«'nnto  uml  lioii..c 
of  lli'|ir('>i('ntntiv<'i  shall  U-  iiicliiriMe  to.  and  in- 
••n|i«ldi'  III'  liojilin'^.  any  civil  olMce  uiiiLt  tl.e 
aiilli'iiity  "f  the  I  iiitfd  Stiiti-n.  dmiiti;  iliv  Icmi 
for  whii'h  thi-y  shiill  ri>|iiM'iivi'ly  Ik>  ckrtfd.' 

'•  Hv  the  Norlii  (-'aroliiiu  ennvi'iition,  the  Knnit' 
amenilment  wa.s  recoiiniieiiiled,  in  tliu  suiiie 
word.'*. 

■•  In  tho  first  session  of  the  first  Congn-ss.  wliicli 
was  held  iiihUt  tli('c«)nstitutiiin.  a  mi'iiiber  of  th*; 
Huiiso  of  lleprescDtatives  sulmiitted  a  siiiiilur 
pro|io.Hition  of  ninendinent ;  and.  in  tho  third 
Hi-ssion  of  the  eleventh  CoiigR'ss,  .liiiiieH  Mndi.sun 
being  President,  a  like  pmimsitioii  was  ntuwn 
submitted,  and  iR-ing  refeireil  to  a  ronunittee  vf 
tho  House,  was  ru[)orted  by  them  in  tho  following 
words : 

'■  •  No  senator  or  representative  shall  be  ni>- 
jiointed  to  any  civil  otHee,  place,  or  emoliinient, 
under  the  niithority  of  tho  I'nited  States,  nntill 
tho  expiration  of  the  presidential  term  in  which 
such  iKTHon  shall  have  served  as  a  senator  or 
representative.' 

"  Upon  tho  question  to  adopt  this  resolution,  tho 
vote  stood  71  yeas,  40  nays, — wanting  but  tlireo 
votes  of  the  constitutional  number  for  referring 
it  to  tho  decision  of  tho  States. 

"  Having  thus  shown,  by  a  reference  to  tlio 
venerable  evidence  of  our  early  hi.story.  that  tlio 
principle  of  tho  amendment  now  under  consider- 
ation, has  had  the  support  and  approbation  of  the 
first  friends  of  the  constitution,  the  coinmitteo 
will  now  declare  their  own  opinion  in  favor  of  its 
correctness,  and  expresses  its  belief  that  the  idl- 
ing principle  in  tho  organization  of  the  federal 
government  demands  its  adoption." 

It  is  thus  se«n  that  in  the  formation  of  tho 
constitution,  and  in  the  early  ages  of  our  govern- 
ment, there  was  great  jealousy  on  this  head — 
great  fear  of  tampering  between  the  President 
and  tho  members — and  great  effort.s  made  to 
keep  each  independent  of  tho  other.  For  the 
safety  of  the  PresidjAt,  and  that  Congress  should 
not  have  him  in  their  power,  hu  was  niado  inde- 
pendent of  them  in  point  of  salary.  I3y  a  con- 
stitutional provision  his  compensation  was  neither 
to  be  diminished  nor  increased  during  tho  term 
for  which  ho  was  elected ; — not  diminished,  lest 
Congress  should  starve  him  into  acquiescence 
in  their  views ; — not  increased,  lest  Congress 
should  seduce  him  by  tempting  his  cupidity  with 
an  augmented  compensation.  That  provision 
secured  tho  independence  of  the  President ;  but 
the  independence  of  tho  two  Houses  was  still  to 
be  provided  for ;  and  that  was  imperfectly  effect- 
ed by  two  "provisions — the  first,  prohibiting  office 
holders  under  tho  federal  government  from  tak- 
,  ing  u  seat  in  either  House ;  the  second,  by  pr» 


84 


TllIllTV  VEAltV  VIEW. 


liiliiiiiiK  tli'ir  a|i|Miiiitiiii-iit  In  iiiiy  rivit  olllor  tlint 
iihkIiI  liavi'  Ut'ii  i-rcntv'l.  or  its  I'liioliiiiii'iiU  iii- 
rn'n«.<<l.  iliiriiijf  the  trriii  f«r   which  Itv  hliouM 
liuvc  Ixi'ii  cIccIimI.     Tlii.M!  pnivisioiis  witi'  ilirniol 
hy  Ihi'  HUthors  of  thu  fctlcralint  (No.  r).'))  Miidl- 
cii'fit  to  pndcrt  thu  iii'li'|icii(Ii'ii<'o  of  CoiKfrusH,  nml 
woiilil  have  iK't-n,  if  still  ohsorvpil  in  their  npirit, 
us  wfll  nn  ill  thi ir  liltir,  an  wan  iloiio  hy  the 
cttihtT  rr(iii(h'iit.>*.     A  very  Hlronx  instaitfo  of 
this  oliscrvancc  svns  (ho  rasi>  of  Mr.  .McxaniliT 
Sinytlic,  of   VirKiiiiii,  <]iirin);  tho  ailiiiiiiistration 
of  I*rcsii|i>nt  Monroe.     Mr.  .Sinytho  had  been  a 
iiii'inhvr  of  tho  IIoiiMt  of  UepR'nentatives,  and  in 
that  capacity  had  voted  for  the  estubhNhment  ofa 
jiidieirtl  (hstrict  in  Western  Virpnia,  and  by  wliich 
the  otiico  ofjiidge  wa.s  created.    His  term  of  service 
liad  expired:  he  was  proposed  for  tho  jnd(jeshi|>: 
tiie  letter  of  tho  constitution  ix-rniitted  tho  op- 
[lointnicnt:  hut  its  spirit  did  not.     Mr.  Sniythe 
was  entirely  fit  for  the  place,  and  Mr.  Monroe 
entirely  willing  to  bestow  it  upon  him.     Ihit  ho 
looked  to  tho  spirit  of  thu  act,  and  tho  mischief 
it  was  intended  to  prevent,  o.s  well  as  to  its  let- 
ter ;  anil  could  hoc  no  dilFcn-nco  between  bestow- 
im  tho  appointment  tho  day  after,  or  the  day 
het'ore,  tho  expiration  of  Mr.  Smythc's  term  of 
service:  and  ho  refused  to  niaku  the  appointment. 
This  was  protecting  tho  purity  of  legislation  ac- 
cording to  tho  mtont  of  tho  constitution  ;  but  it 
has  not  always  been  so.     A  glaring  case  to  the 
contrary  occurred  in  tho  jKTson  of  Mr.  Thomas 
Uutler  King,imdcr  the  presidency  of  Mr.  Fillmore. 
Mr.  King  was  elected  a  member  of  Congiess  for 
the  term  at  which  tho  ofHco  of  collector  of  the 
customs  at  San  Francisco  had  been  created,  and 
had  resigned  his  place :  but  tho  resignation  could 
not  work  an  evasion  of  the  constitution,  nor  af- 
fect the  principle  of  its  provision.     IIo  had  been 
appointed  in  the  recess  of  Congress,  and  sent  to 
take  the  place  before  his  two  years  had  expired 
— and  did  take  it ;  and  that  was  against  tho  words 
of  the  constitution.     Ilis   nomination  was  not 
sent  in  until  his  term  expired — the  day  afler  it 
expired — having  been  held  back  during  the  regu- 
lar session;  and  was  confirmed  by  the  Senate. 
I  had  then  ceosed  to  be  a  member  of  the  Senate, 
and  know  not  whether  any  question  was  raised  on 
the  nomination ;  but  if  I  had  been,  there  should 
have  been  a  question. 

But  tho  constitutional  limitation  upon  tho  ap- 
pointment of  members  of  Congress,  even  when 
executed  beyond  its  letter  and  according  to  its 


opirit,  nn  done  by  Mr.  Monroe,  ii  but  a  r, ;, 

Nuiall  n-Ntraiiit  u|>i)n  their  npixjiutmunt,  only  i 

plying  to  the  few  comck  of  new  otTloeN  rreatMJ.  ,^ 

of  roiii|ionsation  increased,  during  thu  Iteriod^f 

their  memU'rt<hip.     Tho  wliule  claM  of  rvpii, 

vocnncieM  remain  o|ien!     All  tho  vocancies  mIuti, 

the  I'n'sident  plcni«eH  to  cnate,  l>y  nn  cxerrim,„f 

the  removing  |iowcr,  ore  opened !  and  letwi. 

these  two  xourcvs  of  supply,  tho  fund  is  aiiii,, 

for  as  largo  a  commcrco  l>etwcen  memliirs  n,, 

tho  President — In-'twcen  subservient  votes  on  (n, 

hide,  and  executive  appointments  on  the  utlur^  I 

as  any  President,  or  any  set  of  menil)erx,  niii,-!)! 

choosy  to  carry  on.     And  hero  is  to  bonoUdJ 

wide  departure  from  the  theory  of  tho  govin. 

mcnt  <m  this  i)oint,  and  how  dilPerently  it  1,^ 

workml  from  what  its  early  friends  and  udvuoti, 

ex|K'Ctetl.      I   limit   myself  now   to   Haniiltoii 

Madison  and  Jay ;  and  it  is  no  narrow  lum 

which  includes  three  such  men.     Their  naiMil 

would  have  lived  for  ever  in  American  histor- 

among  those  of  tho  wise  and  able  founders  of  m,.! 

government,  without  the  crowning  work  of  t|,e 

'•Essays"  in  behalf  of  the  constitution  wfcl 

have  been  embodied  under  the  name  of ''FtDii.r 

amst" — ond  which  made  that  name  so  rcsfw.l 

able  before  porty  assumed  it.    Tho  defects  of  iIkI 

constitution  wcro  not  liiddcn  from  them  in  iIdI 

depths  of  the  admiration  which  they  felt  foriJ 

perfections ;  and  these  defects  were  noted,  anJ  vl 

far  as  possible  excused,  in  a  work  devoted  to  i J 

just  advocation.    This  point  (of  dangerous  ccia.1 

merce  between  tho  executive  and  the  legislatinl 

body)  was  obliged  to  bo  noticed — forced  upotl 

their  notice  by  the  jealous  attacks  of  the  "  AmJ 

Federalists" — as  tho  opponents  of  the  constitu 

tion  were  called :  and  in  the  number  55  of  thtii 

work,  they  excused,  and  diminished,  this  dcfed 

in  these  terms: 

"  Sometimes  wo  are  told,  that  this  fimd  of  ml 
ruption  (Executive  appointments)  is  to  leBJ 
hausted  by  the  President  in  subduing  the  virtaj 
of  tho  Senate.     Now,  the  fidelity  of  the  oiti 
House  is  to  bo  tho  victim.     ThoimprobabilityK 
such  a  mcrcenory  and  perfidious  conibiD8tion<| 
the  several  mem  hers  of  the  government,  sttiJ 
ing  on  as  different  foundations  as  republican  prii 
ciples  will  well  admit,  and  at  the  same  timei 
countable  to  tho  society  over  which  theyi 
placed,  ought  olcne  to  quiet  this  apprchcnsiJ 
But,  fortunately,  the  constitution  has  protiili) 
a  still  further  safeguard.    Tho  members  of  il 
Congress  are  rendered  ineligible  to  any 
offices  that  may  be  created,  or  of  whicii 


AXXO  IMM.     JdllN  (jriNCV  ADAMS,  I'Ur^IIiKNT. 


^^.■i 


Jx'  ('i|iiiilly  ncii'-Nary  lo  liin  ilixnibuiHin  fn'in 
oIliiT.  Iliit  tliJM  iiiiHlrtirtioi)  WIIJ4  nvrrniicl  I'V 
the  Hrht  ConirnhB  wIihIi  ml  «i»<l«r  the  i"<..i  imi- 
tinii.  'Iho  |x>wi'r  of  iliMiii-i.-inn  fn)iii  otilcr  hiw 
aliatiiliiniMl  to  tliu  l>n-Hi<U>iit  nioiio  ;  aixl,  witli  lli« 


(tiiiiliimcnU  nwy  Im-  iiMTPJiMMl.  ilnrinu  eho  term    offlrrr.  w>  tho  rnnwnt  of  the  »*mP  hni\y  irnu!.| 
,f  iln'ir  flwtion.     No  "llitfK,  llii-nliiri',  onn  Iki 

tctllOIlt    to  tllV    CXINtln^    IDfllllMTM,   Illlt    HIII'll    AM 

ninv   Iktoiiio  vocant  liy  untiiuinj  ciitiiiillifit ; 

Dllii  til  KII|I|H»W  thnt    tllCM>  Mould   \H'  Mltlil'lfllt    to 

|)iirclia''«'  thit  KunriliaiiM  of  tli<>  [ivoiilc,  hdcfti'il  dy 
ilii-  |)C(i|ile  thi-nitk'lveM,  iri  t«)  ri'iioimce  i-vory  ruli> 

.•,U„tuto    nn    iiichMTiininalo    u...l   ui.lH.umlo.l    '""'l""*'"""  "f  tl'"«  I'r.ro^,.t.vo.  the  i-.w.t  nml 
;aloii.Hy,  with  whicli  all  n!tt>oninK  iiiumI  be  vain."    |>»troimfn'  of  (he  pnKi.U'iitial  olllw  wan  iiistmiily 

I  incrunst'd  to  an  iiitli'tlniti-  rxti'nt ;  ami  tho  nrj:M- 
.siicli  was  thi'ir  dofonr*— tbo  l)OHt  wliidi  Ihcir    mi'Ht  of  tlii«  Fi'diTaii.st  ajriiiiiNt  tlu'  raparity  of  tho 
pial  iiliiliticd,  nml  ardent  zi-al,  ami  |mlriotie  do-    I'rfxidfiit    to  corriii.t   iiu nilKr^    of   (.'onjrri'-M, 
\.)tion,  toiild  fiM7ii»ili.     Thoy  toiiltl  not  deny  the    founded  on  the  xniiiil  number  of  plaecx  \vlii<  b 
iljnpor.    To  diminish  its  (immtum,  and  to  cover    he  eonid  use  for  that  |iur|>ose,  woh  tolully  ovi  r- 
I  with  a  brilliant  declamation  tho  little  thnt  re-    throw  n.     This  is  what  has  Urn  done  by  etm- 
iiiaincd,  was  their  rcNource.     And,  certainly  if    stniclion.     Now  for  tho  elfects  of  leuisintion: 
iho  workinj;  of  tho  povcrnment  had  been  accord-    anil  without  jtoin^  into  nn  enumeration  of  sta- 
ll.jr  to  their  mipposition,  their  defence  would  have  !  tiites  so  widely  extendinR  and  incrcnHinj?  cxicii- 
llcrn  good.    I  have  taken  tho  liberty  to  mark  in  •  tlvo  patrona^'o  in  tho  niultipliention  of  ollici  <<, 
li'nlic!i  tl'o  ruling  words  contained  in  the  quota- 1  jobs,  contracts,  afjencios,  retniners,  and  seiiuitnr-* 
Itiin  which  I  have  made   from   their  works —    of  all  sorts,  holding  ut  the  will  of  tho  I'resid'Ut, 
•onHnary  caauatticg."    And  what  were  they  ?    it  is  enough  to  point  to  a  sinji^lc  act — th»i  four 


IdiiitliB,  resignations,   removals  upon   impcach- 

Iracnt,  and  dismissions  by  tho  President  and  Sc- 

Itate.     This,  in  fact,  would    constitute  n  very 

knmll  amount  of  vacancies  during  tho  presidential 

:tnn ;  and  as  new  offices,  and  those  of  increased 

kjinpcnsation,  were  excluded,  tho  answer  was 

[indoubtedly  good,  and  oven  justified  tho  visible 

«utempt  with  which  tho  objection  was  repulsed. 

but  what  has  been  the  fact  ?  what  has  been  the 

jrorking  of  tho  government  at  this  point  ?  and 

m  stands  this  narrow  limitation  of  vacancies 

'^ordinary  casualties  ?  "    In  tho  first  place, 

|ic  main  stay  of  tho  argument  in  tho  Federalist 

\  knocked  from  under  it  at  tho  outset  of  the 

|Dvemmcnt;    and  so  knocked  by  a  side-blow 

om  construction.    In  tho  very  first  year  of  tho 

iition  a  construction  was  put  on  that  in- 

ument  wliich  enabled  the  President  to  create 

I  many  vacancies  as  ho  picascti,  and  at  any 

loment  that  he  pleased.    This  was  effected  by 

lading  to  him  the  kingly  prerogative  of  dismiss- 

!  officers  without  the  formality  of  a  trial,  or 

i  consent  of  tho  other  part  of  the  appointing 

ivcr.    The  authors  of  tlie  Federalist  had  not 

Tseen  this  construction :  so  far  from  it  they 

1  asserted  the  contrary :  and  argumg  logically 

1  the  premises,  "  that  the  dismissing  power 

appurtenant  to   the  appointing  power," 

'  bad  maintained  in  that  able  and  patriotic 

irk— (No.  77) — that,  as  the  consent  of  the 

pate  was  necessary  to  the  appointment  of  an 


years'  limitation  act ;  which,  by  vacating  almost 
tho  entire  civil  list — (ho  whole  "  lUue  Hook  " — 
tho  40,000  places  which  it  registers — in  every 
period  of  a  presidential  term — puts  more  oHJces 
at  the  command  of  the  President  than  the  nutliors 
of  tho  Federalist  ever  dreamed  of ;  andenouph  to 
eiiuip all  tho  members  and  nil  their  kin  if  tiny 
chose  to  accept  his  favors.  Ihit  this  is  not  tho 
end.  Large  as  it  ojkhs  tho  field  of  pntronngo, 
it  is  not  tho  end.  There  is  a  prnctico  grown  \\\\ 
in  these  latter  times,  which,  upon  every  revolu- 
tion of  parties,  makes  a  political  exodus  among 
tho  adversary  office-holders,  marching  them  off 
into  tho  wilderness,  and  leaving  their  places  for 
new-comers.  This  practice  of  itself,  also  unfore- 
seen by  tho  authors  of  tho  Federalist,  again  over- 
sets their  whole  argument,  and  leaves  the  mis- 
chief from  wliich  they  undertook  to  defend  tho 
constitution  in  a  degree  of  vigor  and  universality 
of  which  tho  original  opposers  of  that  mischief 
had  never  formed  the  slightest  conception. 

Besides  the  direct  commerce  which  may  take 
place  between  the  Executive  and  a  member, 
there  are  other  evils  resulting  from  their  ap- 
pointment to  office,  wholly  at  war  with  tho 
theory  of  our  government,  and  the  purity  of  its 
action.  Responsibility  to  his  constituents  is  the 
corner-stone  and  sheet-anchor,  in  the  system  of 
representative  government.  It  is  the  substance 
without  which  representation  is  but  a  shadow. 
To  secure  that  responsibility  the  constitution 


86 


TiiniTY  YKAIW  VIKW. 


Ims  provided  tliat  tlie  memljcrs  shr.ii  Ik?  pcriwli- 
cally  nturiiwl  to  their  coiistiliKnts— those  of 
the  House  ut  the  end  of  every  two  years,  tlioso 
of  the  Senate  at  the  end  of  every  six— to  pass  in 
review  )M.'l'oro  them — to  account  for  wliat  may 
have  been  done  amiss,  and  to  receive  the  reward 
or  censure  of  (;o(m1  or  bad  coinhict.  This  re- 
sponsibilily  is  totally  destroyed  if  the  I'resident 
takes  a  meinljcr  out  of  the  hands  of  his  constit- 


Whon  I  first  came  to  tiie  Senate  thirty  y,.,;, 
npo.  oped  inemlxrs  were  accustomed  to  tell  i; 
that  there  were  always  members  in  tlie  nmrki;. 
waiting  to  render  votes,  and  to  receive  o|]ic(.; 
and  that  in  any  closely  contested,  or  ncarii 
balanced  ciuestion,  in  which  the  administration 
took  an  interest,  they  could  turn  the  dcci>ioii 
which  way  they  pleased  by  the  help  of  tlits^ 
marketable  votes.    It  was  a  humiliating  rcvLlj. 


iients.  prevents  his  return  home,  and  places  hm  tion  to  a  young  senator— but  true;  and  I  hav, 
in  a  situation  where  he  is  indci)endent  of  their  :  seen  too  much  of  it  in  my  time— seen  mcmUp 
censure.    Ajjain :  the  constitution  intended  that  l  wliosc  every  vote  was  at  tlie  service  of  povin. 


ment — to  whom  a  scat  in  Congress  was  bm 
the  stepping-stone  to  executive  appointmcnt-to 
whom  federal  office  was  the  pabulum  for  which  | 
their  stomachs  yearned — and  who  to  obtain  :, 
were  ready  to  forget  that  they  had  cither  cfin.  | 
stitucnts  or  country.    And  now,  why  !'     .. 
tifying  exhibition  of  a  disgusting  depravity? 
answer — to  correct  it : — if  not  by  law  and  con- 1 
stitutional  amendment  (for  it  is  hard  to  p:\\ 


the  three  departments  of  the  government, — the 

executive,   the  legislative,  and   the   judicial — 

should  be  independent  of  each  other :  and  this 

inde()endencc  ceases,  between  the  executive  and 

legislative,  the   moment  the  members  become  | 

expectants  and  recipients  of  presidential  favor ; 

— the  more  so  if  the  President   should  have 

owed  his  oflice  to  their  nomination.    Then   it 

becomes  a  commerce,  upon  the  regular  principle 

of  trade— a  commerce  of  mutual  beneht.    For  \  lawgivers  to  work  against  themselves),  at  lew 

this  reason  Congress  caucuses  for  the  nomination  \  by  the  force  of  public  opinion,  and  the  stern  rt 

of  presidential  candidates  fell  un<ler  the  ban  of    buke  of  popular  condemnation 

public  opinion,  and  were  ostracised  aljovc  twenty 

years  ago— only  to  be  followed  by  the  same  evil 

in  a  worse  form,  that  of  illegal  and  irresponsible 

'•  conventions  ; "  in  which  the  nomination  is  an 

election,  so  far  as  party  power  is  concerned  ;  and 

into  which  the  member  glides  who  no  longer 

dares  to  go  to  a  Congress  caucus ; — whom  the 

constitution  interdicts  from  being  an  elector —  j  AV'ashington,  who  entirely  condemned  the  pnc- 

and  of  whom  some  do  not  blush  to  receive  office,  ktice.     In  a  letter  to  General  Hamilton  (vol.  i 

and  even  to  <lemand  it.  from  the  President  whom  |  page  53,  of  Hamilton's  Works),  he  speaks  of  lis 

they  have  created.     The  framers  of  our  govern-  j  objections  to  these  appointments  as  a  thing  nil 

ment  never  foresaw — far-seeing  as  they  were —  i  known  to  that  gentleman,  and  which  he  to 

this  state  of  things,  otherwise  the  exclusion  of    only  driven  to  think  of  in  a  particular  instatre 

members  from  presidential  appointments  could  !  from  the  difficulty  of  finding  a  Secretary  i 

never  have  failed  as  part  of  the  constitution,  i  State,  successor  to  Mr.  Edmund  Randolph,  J 


I  have  mentioned  Mr.  Monroe  as  a  PrcsldraJ 
who  would  not  depart,  even  from  the  spirit  of  I 
the  constitution,  in  appointing,  not  a  tncmberl 
but  an  ex-member  of  Congress,  to  office.  OtherJ 
of  the  earlier  Presidents  were  governed  by  tlitl 
same  principle,  of  whom  I  will  only  montml 
(for  his  example  should  stand  for  all)  Gcncnll 


less  than  four  persons  had  declined  the  ofTcrofl 
it ;  and  seeing  no  other  suitable  person  witliiM| 


(after  having  been  first  adopted  in  the  original 
draught  of  that  instrument) ;  nor  repulsed  when 
recommended  by  so  many  States  at  the  adoption    going  into  the  Senate,  he  offered  it  to  Mr.  Rufe 
of  the  constitution ;  nor  rejectcnl  by  a  majority  of  i  King  of  that  body — who  did  not  accept  it; 
one  in  the  Congress  of  1780,  when  proposed  as  j  for  this  offer,  thus  made  in  a  case  of  so  mi 
an  amendment,  and  coming  so  near  to  adoption   urgency,  and  to  a  citizen  so  cminentlj  fit,^Vi<! 
by  the  House.  |  ington  felt  that  the  honor  of  his  administratk 

Thus  far  I  '  avc  spoken  of  this  abuse  as  a  po- 1  required  him  to  show  a  justification.     1V1 


would  the  Father  of  his  country  have  thougi 
if  members  had  como  to  him  to  solicit  offini 


tentiality — &.•*  a  possibility — as  a  thing  which 

might  happen  :   the  inexorable  law  of  history 

requires  it  to  bo  written  that  it  has  happened,  is    and  especially,  if  these  members  (a  thing 

happening,  becomes  more  intense,  and  is  rijicn-    most  blasphemous  to  be  imagined  in  conned 

i.ig  into  a  chronic  disease  of  the  body  politic.  { with  his  name)  had   mixed  in  caucuses 


AXNO  182t'.    .luIIN  QUINCY  ADAMS.  l'Ur>II)i;NT. 


87 


tMnvcntion<t  to  procure  his  nomination  for  Prisi- 
dint  1  Certainly  ho  wouhl  have  given  them  a 
|,>,k  which  would  have  sent  such  suppliants  for 
tvir  from  his  presence.  And  I,  who  was  senator 
for  tliirty  years,  and  never  had  ofRce  for  myself 
fir  any  one  of  my  blood,  have  a  right  to  con- 
demn a  practice  which  my  conduct  rebuke*,  and 
which  the  purity  of  the  government  requires  to 
lic  abolished,  and  which  the  early  Presidents 
carefully  avoided. 


CHAPTER     XXXI. 

liEATIl  OF  THE  EX-rUESIDENTS  .lOlIN  ADAMS 
AND  TU0MA3  JEFFEliSON. 

It  comes  within  the  scojkj  of  this  View  to  notice 
tlic  deaths  and  characters  of  eminent  public  men 
i  who  have  died  during  my  time,  although  not  my 
I  contemporaries,  and  who  haye  been  connected 
with  the  founding  or  early  working  vf  the  fed- 
eral government.    This  gives  me  a  right  to  head 
a  chapter  with  the  names  of  Mr.  John  Adams 
land  Mr.  Jefferson — two  of  the  most  eminent 
[political  men  of  the  revolution,  who,  entering 
I  public  life  together,  died  on  the  same  day, — 
I  July  4th,  182G,— exactly  fifty  years  after  they 
Iliad  both  put  their  hands  to  that  Declaration  of 
llndcpcndcnco  which  placed  a  new  nation  upon 
Ithc  theatre  of  the  world.    Doubtless  there  was 
■enough  cf  similitude  in  their  lives  and  deaths  to 
|excus3  the  belief  in  the  interposition  of  a  direct 
jiroridcnce,  and  to  justify  the  feeling  of  mys- 
jlorious  reverence  with  which  the  news  o»  their  co- 
Incident  demise  was  received   throughout  the 
wintry.    The  parallel  between  them  was  com- 
plete.   Born   nearly  at   the  same  time,  Mr. 
^dams  the  elder,  they  took  the  same  course  in 
|fe— with  the  same  success — and  ended  their 
irthly  career  at  the  same  time,  und  in  the  same 
|fay :— in  the  regular  course  of  nature,  in  the  ro- 
ose  and  tranquillity  of  retirement,  in  the  bosom 
If  their  families,  and  on  the  soil  which  their 
►bors  had  contributed  to  make  free. 

Born,  one  in  Massachusetts,  tho  other  in  Vir- 

inia,  they  both  received  liberal  educations,  em- 

Ticcd  the  same  profession  (that  of  the  law), 

bixcd  literature  and  science  with  their  legal 


studies  and  pursuits,  and  rntere<l  early  into  the 
rijK'ning    contest  with  (Jreat   Uritain — lirst  in 
their  comities  and  .States,  and  then  on  the  broiider 
field  of  tho  (ieiieral  Congress  of  the  Confeder- 
ated Colonies.     They  were  both  mcnilieis  of  tho 
Cor;:;ress  whieh  dwlared  Imlejicndence — both  of 
the  committee  which  rc|v)rted  the  Declaration — 
both  signed  it — were  both  employed  in  foreij;ii 
missions  —  both   became  Vice  Presidents  —  and 
both  became  Presidents.    They  were  both  work- 
ing men ;  and,  in  the  great  number  of  etlicient 
laborers  in  tho  ;ause  of  Inilependenco  which  tho 
Congresses  of  the   Jlcvolution   contained,   they 
were  doubtless  tho  two  most  edicieiit — and  Jlr. 
Adams  the  more  so  of  the  two.     Ho  was,  as  Mr. 
Jetferson    styled  him,  '•  tho  Colossus "  of  tho 
Congress  —  speaking,    writing,    counselling  —  a 
member    of   ninety   diH'erent    committees,   ami 
(during  his  three  years'  service)  chairman  of 
twenty  five — chairman  also  of  the  board  of  war 
and  board  of  apper  is :  his  soul  on  firo  with  the 
cause,  left  no  rest  to  his  head,  hands,  or  tongue. 
Mr.  JetTerson  drew  the  Declaration  of  rndepen- 
dence,  but  Mr.  Adams  was  "  the  pillar  of  its  sup- 
port, and  its  ablest  advocate    and    defender," 
during  the  forty  days  it  was  before  the  Congress. 
In  tho  letter  which  he  wrote  that  night  to  Mrs. 
Adams  (for,  after  all  the  labors  of  tho  day.  and 
such  a  day,  he  could  still  write  to  her),  ho  took 
a  glowing  view  of  the  future,  and  used  thoso 
expressions,  "gloom"  and  "glory,"  which  his 
son  repeated  in  tho  paragraph  of  his  message  to 
Congress  in  relation  to  tho  deaths  of  the  two  ex- 
Presidents,  which  I  have  heard  criticized    by 
thoso  who  did  not  know  their  historical  allusion, 
and  could  not  fool  tho  force  and  beauty  of  their 
application.    They  wore  words  of  hope  and  con- 
fidence when  ho  wrote  them,  and  of  history 
when  he  died.     "I  am  well  awaro  of  the  toil, 
and  blood,  and  treasure,  that  it  will  cost  to  main- 
tain this  Declaration,  and  to  support  and  defend 
these  States ;  yet  through  all  tho  gloom,  I  can 
see  the  rays  of  light  and  glory ! "  and  ho  lived  to 
see  it — to  see  tho  glory — with  the  bodily,  as  well 
as  with  the  mental  eye.    And  (for  the  great  fact 
will  bear  endless  repetition)  it  was  ho  that  con- 
ceived tho  idea  of  making  Washington  command- 
er-in-chief, and  prepared  tho  way  for  bis  unani- 
mous nomination. 

In  the  division  of  parti  fs  which  ensued  tho 
establishment  of  the  federal  government,  Mr. 
Adams  and  Mr.  JcfTerson  diiTcred  in  systems  of 


•ii 


88 


TllIUTY  YEARS'  VIEW. 


fwlicj',  and  became  heads  of  opjiosito  divi.sions. 
but  willioiit  iKcoinin;;  fither  unjust  or  luikiiid  to 
eivrh  otliur.     Mr.  Adams  sided  with   the   party 
discriminated  as  federal;  and  in  that  character 
iKJcaJiic    the   subject  of   pohtical   attacks,  from 
which  his  competitor  generously  defended  him, 
declaring   that   "a  more   j)crfectly  lioncst  man 
never  issued  from  the  hands  of  his  Creator;"  and, 
tliough  opjwsing  candidates  for  the  presidency, 
neither  would  have  any  thing  to  do  with  the  elec- 
tion, which  they  considered  a  question  between 
the  systems  of  policy  wliich  they  represented, 
and  not  a  question  between  themselves.     3Ir. 
Jefferson   became  the   head  of  the  party  then 
called  republican — now  democratic ;  and  in  that 
character   became  the   founder  of  the   political 
school  which  has  since  chiefly  i)rcvailcd  in  the 
United  States.    lie  was  a  statesman :  that  is  to 
say,  a  man  capable  of  conceiving  measures  use- 
ful to  the  country  and  to  mankind — able  to  re- 
commend them  to  adoption,  and  to  administer 
tnem  when  adopted.    I  have  seen  many  politi- 
cians— a  few  statesmen — and,  of  these  few,  he 
their  pre-eminent  head.     lie  was  a  republican 
by  nature    and    constitution,  and  gave  proofs 
of  it  in  the  legislation  of  his  State,  as  well  as  in 
the  policy  of  the  United  States.     lie  was  no 
speaker,  but  a  most  instructive  and  fascinating 
talker ;  and  the  Declaration  of  Independence, 
even  if  it  had  not  been  sistered  by  innumerable 
classic  productions,  would  have  placed  him  at 
the  head  of  political  writers.    I  never  saw  him 
but  once,  when  I  went  to  visit  him  in  his  rctire- 
luent ;  and  then  I  felt,  for  four  hours,  the  charms 
of  his  bewitching  talk.    I  was  then  a  young  sen- 
ator, just  coming  on  the  stage  of  public  life — he  a 
patriarchal  statesman  just  going  off  the  stage  of 
natural  life,  and  cvidjntly  desirous  to  impress 
some  views  of  policy  upoj  me — a  design  in  which 
he  certainly  did  not  fail.    I  honor  him  as  a  patriot 
of  the  Revolution — as  one  of  the  Founders  of  the 
Republic — as  the  founder  of  the  j  -litical  school 
to  which  I  belong ;  and  for  the  purity  of  charac- 
ter which  ho  possessed  in  common  with  his  com- 
oatiiots,  and  which  gives  to  the  birth  of  the 
United  States  a  beauty  of  parentage  wliich  the 
genealogy  of  no  other  nation  can  show. 


CIIAPTEll    XXXII. 

milTISIf  IN'DEMNITY  FOK  DErOETED  8LATD. 

In  this  year  was  brought  to  a  conclusion  tl 
long-continued  controversy  with  Great  Uritair, 
in  relation  to  the  non-fulfilment  of  the  first  arti- 
cle  of  the  treaty  of  Ghont  (1814),  for  the  resti- 
tution of  slaves  carried  off  by  the  British  troop, 
in  the  war  of  1812.   It  was  a  renewal  of  the  niiv 
understanding,  but  with  a  better  issue,  whidi 
grew  up  under  the  seventh  article  of  the  treaty 
of  peace  of  1783  upon  the  same  subject.    The 
power  of  Washington's  administration  was  not 
able  to  procure  the  execution  of  that  articli', 
either  by  restoration  of  the  slaves  or  indemnitv, 
The  slaves  then  taken  away  were  carried  to  Nova  i 
Scotia,  where,  becoming  an  annoyance,  they  were 
transferred  to  Sierra  Leone ;  and  thus  became  tlie 
foundation  of  the  British  African  colony  there. 
The  restitution  of  deported  slaves,  stipulated  ia 
the  first  article  of  the  Ghent  treaty,  could  not  be 
accomplished  between  the  two  powers ;  they  dis- 
agreed  as  to  the  meaning  of  words ;  and,  afttr 
seven  years  of  vain  efforts  to  come  to  an  under- 
standing, it  was  agreed  to  refer  the  question  to 
arbitrament.    The  Emperor  Alexander  accepte<l 
the  office  of  arbitrator,  executed  it,  and  decided 
in  favor  of  the  United  States.   That  decision  was  I 
as  unintelligible  to  Great  Britain  as  all  the  pre- 1 
vious  treaty  stipulations  on  tho  same  subject  i 
been.    She  could  not  understand  it    A  scconii  I 
misunderstanding  grew  up,  giving  rise  to  a  sccomj  I 
negotiation,  which  was  concluded  by  a  final  I 
agreement  to  pay  the  value  of  the  slaves  caniedl 
off.    In  1827  payment  was  made — twelve  years  I 
after  the  injury  and  the  stipulation  to  repair  it  | 
and  after  continued  and  mo'^t  strenuous  cxertioml 
to  obtain  redress. 

The  case  was  this :  it  was  a  part  of  the  systcin| 
of  warfare  adopted  by  tho  British,  whenoperatF 
ing  in  the  slave  States,  to  cncoui-age  the  slaves  to  I 
desert  from  their  owners,  pr6mising  them  free- 1 
dom ;  and  at  the  end  of  the  war  these  slaves  I 
were  carried  off.  This  carrying  off  was  foreseai  I 
by  the  United  States  Commissioners  at  Ghent,! 
and  in  the  first  article  of  the  treaty  was  pro- 1 
vided  against  in  these  words ;  "  all  places  takeii,! 
&c.  shall  be  restored  without  delay,  &c.,  or  ca^l 
rying  away  any  of  the  artillery,  or  other  publitl 


ANNO  1827.    JOHN  QUINCY  ADAMS,  PUIXIDKNT. 


89 


rtpcrty  originally  captured  in  the  said  posts  or 
.ye.«.  and  which  shall  remain  thcn-in  iiiion  the 
,.vclianirc  of  tho  ratifications  of  this  trv-aty,  or 
Liv  slaves  or  other  private    property."     Tho 
iBrilii'h  Government  undertook  to  extend  the 
Ii-nitation  which  applied  to  public  property  to 
lihit  which  was  private  also;  and  so  to  restore 
ily  such  slaves  as  were  originally  captured 
Lviiliin  tho  forts,  and  which  remained  therein  at 
Itiic  time  of  tho  exchange  of  ratiflcations — a  con- 
struction which  would  have  excluded  all  that 
liure  induced  to  run  away,  being  nearly  tho 
J  hole;  and  all  that  left  thu  forts  before  the  cx- 
Ljncre  of  ratifications,  which  would  have  includ- 
t]  the  rest.    She  adhered  to  the  construction 
j'vcn  to  tho  parallel  article  in  tho  treaty  of  1783, 
knl  by  which  all  slaves  taken  during  the  wai 
Lrc  held  to  bo  lawful  prize  of  war,  and  free  un- 
BiT  the  British  proclamation,  and  not  to  be  com- 
icnsatcd  for.  The  United  States,  on  the  contrary, 
nniiDed  this  local  limitation  to  things  appurte- 
Lnt  to  the  forts ;  and  held  the  slaves  to  be  pri- 
late  property,  subject  to  restitution,  or  claim  for 
jcmpcnsation,  if  carried  away  at  oil,  no  matter 
iow  acquired. 

The  point  was  solemnly  carried  before  tho 
Irapcror  Alexander,  the  United  States  icprescnt- 
by  their  minister,  Mr.  Henry  Aliddlcton,  and 
Ircat  Britain  by  Sir  Charles  Bagot — the  Counts 
lesselrodc  and  Capo  D'Istrias  receiving  tho  ar- 
liucnts  to  bo  laid  before  the  Emperor.  His 
lajesty's  decision  was  peremptory ;  '•  that  the 
lilted  States  of  America  are  entitled  to  a  just 
idemnification  from  Great  Britain  for  all  private 
lopcrty  carried  away  by  the  British  forces; 
.  as  the  question  regards  slaves  more  espe- 
klly,  for  all  such  slaves  as  were  carried  away 
I  the  British  forces  from  tho  places  and  terri- 
fies of  which  tho  restitution  was  stipulated  by 
8  treaty,  in  quitting  the  said  places  and  tcrrito- 
Tbis  was  explicit ;  but  the  British  minis- 
f  undertook  to  understand  it  as  not  applying 
[Eiaves  who  voluntarily  joined  the  British 
nps  to  free  themselves  from  bondage,  and  who 
DO  from  places  never  in  poaaesaion  of  tho 
ktisb  troops ;  and  he  submitted  a  note  to  that 
ict  to  the  Russian  minister,  Count  Nesoolrode, 
I  be  laid  before  the  Emperor.  To  this  note 
pander  gave  an  answer  which  is  a  model  of 
orical  reply  to  unfound?d  dubitation.  He 
1:  "  the  Emperor  havinp^,  by  the  mutual  con- 
It  of  the  two  plenipotentiaries,  given  an  opin- 


iot        >nded  solely  u|)on  the  sense  \vlii»'h  n-sult-i 
I)i       iw  text  of  the  article  in  dis|iiito.  docs  nut 
tl';..  :  tiinis4'ir  called  ujion  'o  de<'iile  hiTo  any 
question  relative  to  what  ihu  laws  of  war  permit 
or  forbid  to  the  beiligcrents ;  but,  always  fiiithfiil 
to  the  (;ramniatical  interpretation  of  the  first  ar- 
ticle of  the  treaty  of  (Jhent,  his  Imixrial  Mujcsty 
declares,  a  second  time,  that  it  appears  tu  him, 
according  to  this  interpretation,  that,  in  quittin;^ 
tho  places  and  territories  of  which  the  treaty  oi 
Ghent  stipulates  tho  restitution  to  the  United 
States,  his  Britannic   Majesty's  forces  had   no 
right  to  carry  away  from  tho  same  places  and 
territories,  absolutely,  any  slave,  by  whatever 
means  ho  had  fallen  or  come  into  their  i)owcr." 
This  was  tho  second  declaration,  the  second  de- 
cision of  the  point;  and   both    parties   having 
bound  themselves  to  abide  tho  decision,  be  it 
what  it  might,  a  convention  was  immediately  con- 
cluded for  the  purpose  of  carrying  the  EniiKjror's 
decision  into  effect,  by  establishing  a  board  to 
ascertain  the  number  and  value  of  the  deported 
slaves.     It  was  a  convention  formally  drawn 
up,  signed  by  the  ministers  of  the  three  powers, 
done  in  triplicate,  ratified,  and  ratifications  ex- 
changed, and  tho  affair  considered  finished.    Not 
so  the  fact !    New  misunderstanding,  new  nego- 
tiation, five  years  more  consumed  in  diplomatic 
notes,  and  finally  a  new  convention  concluded ! 
Certainly  it  was  not  the  value  of  the  property 
in  controversy,  not  tho  amount  of  money  to  bo 
paid,  that  led  Great  Britain  to  that  pertinacious 
resistance,  bordering  upon  cavilling  and  bad  faith. 
It  was  the  loss  of  an  advantage  in  war — the  less 
of  the  future  advantage  of  operating  upon  tho 
slave  States  through  their  slave  property,  and 
wliich  advantage  would  be  lost  if  this  compensa- 
tion was  enforced, — which  induced  her  to  stand 
out  so  long  against  her  own  stipulations,  and  the 
decisions  of  her  own  accepted  arbitrator. 

This  now  or  third  treaty,  making  indemnity 
for  these  slaves,  was  negotiated  at  London,  No- 
vember, 1820,  between  Mr.  Gallatin  on  the  part 
of  the  United  States,  and  Messrs.  Huskisson  and 
Addington  on  tho  part  of  Great  Britain.  It  com- 
menced with  reciting  that  "  diflicultics  having 
arisen  in  tho  execution  of  tho  convention  conclud- 
ed at  St.  Petersburg,  July  12th,  1822,  under  the 
mediation  of  his  majesty  tho  Emperor  of  all  the 
Russios,  between  tho  United  States  of  America 
and  Great  Britain,  for  tho  purpose  of  carrying 
into  ofiect  tho  decision  of  bia  Imperial  Majesty 


■)    ,  * 


t-  .<■ 


'.(  ■   I 


■ti 


90 


TIIIRTV  VEARS'  VIEW. 


»ij)On  tlic  <liirL'rcncfn  which  liwl  arisen  between 
tliu  saiil  l.'iiitetl  Stales  and  (ireat  ]{ritain  as  to 
the  tnu!  construction  an<l  tncaninf^  of  the  first 
article  of  iho  treaty  of  (jlient,  t/i/!rifnre  the  said 
parties  a;rrec  to  treat  ajrain,"  &c.  The  result  of 
this  third  iK'(;otiation  was  to  Htipulato  for  the 
payment  (if  a  ^roKs  sum  to  the  povernment  of 
tho  United  Stales,  to  ho  by  it  divided  among 
those  whose  slaves  had  been  carried  off:  and  tho 
sum  of  one  million  two  hundred  and  four  thou- 
8and  niuo  hundred  and  sixty  dollars  was  the 
amoimt  agreed  upon.  This  sum  was  satisfactory 
to  tho  claimants,  and  was  paid  to  the  United 
StateH  for  their  Iwneflt  in  tho  year  1827— just 
twelve  years  after  the  conclusion  of  tho  war,  ana 
after  two  tix-aties  had  been  made,  and  two  arbi- 
trations rendered  to  explain  the  meaning  of  tlio 
first  treaty,  and  which  fully  explained  itself. 
Twelve  yeai's  of  iMjrsevcring  exertion  to  obtain 
tlio  execution  of  a  treaty  stipulation  which  solely 
relatoil  to  private  property,  and  which  good  faith 
and  sheer  Justice  required  to  havo  been  complied 
with  immediately !  At  tho  commencement  of 
the  session  of  Congress,  1827-28,  tho  President, 
Air.  John  Quincy  Adams,  was  able  to  communi- 
cate the  fact  of  the  final  settling  and  closing  up 
of  this  demand  upon  tho  British  government  for 
tlio  value  of  the  slaves  carried  off  by  its  troops. 
The  sum  received  was  largo,  and  ampio  to  pay 
the  damages;  but  that  was  the  smallest  part  of 
the  advantage  gained.  Tho  example  and  tho 
principle  were  the  main  points — tho  enforcement 
of  such  a  demand  against  a  government  so  power- 
ful, and  ader  so  much  resistance,  and  the  con- 
demnation which  it  carried,  and  the  rcsponsibilty 
which  it  implied — this  was  the  grand  advantage. 
Liberation  and  abduction  of  slaves  was  ono  of 
the  modes  of  warfare  adopted  by  tho  British,  and 
largely  counted  on  a^i  a  means  of  harassing  and 
injuring  one  half  of  tho  Union.  It  had  been 
practised  during  the  Revolution,  and  indemnity 
avoided.  If  avoided  a  second  time,  impunity 
would  have  sanctioned  tho  practice  and  rendered 
it  inTotcrate ;  and  in  future  wars,  not  only  with 
Great  Britain  but  with  all  powers,  this  mode  of 
annoyance  would  havo  become  an  ordinary  re- 
sort, leading  to  servile  insurrections.  Tho  in- 
demnity exacted  carried  along  with  it  tho  con- 
demnation of  tho  practice,  as  a  siMliation  of 
private  property  to  be  atoned  for ;  and  was  both 
a  compensation  for  tho  post  and  a  warning  for 
the  future.    1 1  implied  a  responsibility  whicli  no 


power,  or  art,  or  time  could  evade,  and  the  pn-. 
ciplc  of  which  King  established,  there  will  1,^  j,  I 
need  for  future  arbitrations. 

I  havo  said  that  this  article  in  the  treaij  ^' 
Ghent  for  restitution,  or  compensation,  fur  ^A 
ported  slaves  was  brought  to  a  better  issue  thsj 
its  parallel  in  tho  treaty  of  peace  of  1783.   ]\A 
tho  seventh  article  of  this  treaty  it  was  dcclan  |  [ 
that  tho  evacuation  (by  tho  British  troops)  shou;.!  I 
bo  made  "  without  carrying  away  any  negroes  or  I 
other  property  belonging  to  tho  American  k\ 
habitants.''       Yet  three  thousand  slaves  veitl 
carried  away  (besides  ten  tunes  that  numbcr- 
27.000  in  Virginia  alone — perishing  of  disease  hi 
the  British  camps)  ;  and  neither  restitution  corl 
compensation  made  for  any  part  of  them.    BoiJil 
were    resisted — tho    restitution    by    Sir  Curl 
Carleton  in  his  letter  of  reply  to  WashingtoD'J 
demand,  declaring  it  to  be  an  impossible  infanrl 
in  a  British  officer  to  give  up  those  whom  therl 
had  invited  to  their  standard  ;  but  reserving  tli>| 
point  for  tho  consideration  of  his  government.  irA 
in  the  mean  time,  allowing  and  facilitating  M 
taking  of  schedules  of  all  slaves  taken  awar-l 
names,  ages,  sex,    former  owners,  and  Stateil 
from  which  taken.     The  British  govemmeM 
resisted  compensation  upon  the  ground  of  vi^ 
captures ;  that,  being  taken  in  war,  no  nattJ 
how,  they  became,  like  otljcr  plunder,  the  pn 
perty  of  the  captors,  who  had  a  right  to  disjx 
of  it  as  they  pleased,  and  had  chosen  to  sctij 
free;  that  tho  slaves,  having  become  free, 
longed  to  nobody,  and  consequently  it  was  i 
breach  of  the  treaty  stipulation  to  carry  tb 
away.    This  ground  was  contested  by  the  Cooj 
gross  of  the  confederation  to  the  end  of  its  m 
cnco,  and  afterwards  by  the  new  federal  gorei 
mcnt,  from  its  commencement  until  the  clii 
for  indemnity  was  waived   or    abandoned,  i 
tho  conclusion  of  Jay's  treaty,  in  I79C. 
very  first  message  of  Washington  to  Congi 
when  he  became  President,  presented  the  iDenj 
cution  of  the  treaty  of  peace  in  this  partiouk 
among  others,  as  one  of  the  complaints  justi 
existing  against  Great  Britain ;  and  all  the  d 
plomacy  of  his  administration  was  exerted  t 
obtain  redress — ^in  vain.    The  treaties  of  '94 1 
'96  were  both  signed  without  allusion  to  thcsolil 
ject ;  and,  being  left  unprovided  for  in  these  trl 
ties,  the  claim  sunk  into  tho  class  of  obsolete  li 
mands ;  and  the  stipulation  remained  in  the  tn 
a  dead  letter,  although  containing  the  pn 


ANNO  1827.    JOHN'  QVINCY  ADAMS,  rUISlIvENT. 


91 


,oriknn<l  the  additional  ono"neRroo8," on  which  | 
the  Einp^'r"'"  Alexander  took  the  stand  which  com- 1 
w.itwlt'd  compensation  and  dispenswl  with  arj?u- ! 
nicnts  founded  in  the  laws  of  war.    Not  a  shillinp  ! 
i  ad  been  received  for  that  immcnso  deprc<lation 
1,1011  iirivate  property ;  although  the  Conpress  of 
tlif  fonfederation  adopted  the  stronpcst  resolves, 
and  even  ordcn-d  each  State  to  be  furnished  with 
rtpiis  of  the  schedules  of  the  slaves  taken  from 
j: ;  and  hopes  of  indemnity  were  kept  alive  until 
(stinguished  by  the  treaty  of  '96.    It  was  a 
liittcr  complaint  a^nst  that  treaty,  as  the  Con- 
I  gR'ss  debates  of  the  time,  and  the  public  press, 
abundantly  show. 

Northern  men  did  their  duty  to  the  South  in 

Intting  compensation   (and,  what  is  infinitely 

more,  establishing  the  principle  that  there  shall 

be  compensation  in  such  cases)  for  the  slaves 

carried  away  in  the  war  of  1812.    A  majority 

Lrthe  commissioners  at  Ghent  who  obtained  the 

I  jtipulation  for  indemnity  were  Northern  men — 

[Adams,  KusscU,  Gallatin,  from  the  free,  and 

relay  and  Bayard  from  the  slave  States.     A 

Northern  negotiator  (Mr.    Gallatin),   under  a 

iNorthcm  President  (Mr.  John  Quincy  Adama), 

Ifinally  obtained  it ;  and  it  is  a  coincidence  wor- 

Itliy  of  lemark  that  this  Northern  negotiator, 

Iwho  was  finally  successful,  was  the  same  de- 

Ibater  in  Congress,  in  '90,  who  delivered  the  best 

largument  (in  my  opinion  surpassing  even  that 

■of  Mr.  Madison),  against  the  grounds  on  which 

Ithc  British  Government  resisted  the  execution 

|of  this  article  of  the  treaty. 

I  am  no  man  to  stir  up  old  claims  against  the 
^Kleral  government;  and,  I  detest  the  trade 
irliich  exhumes  such  claims,  and  deplore  the  fa- 
cility with  which  they  are  considered — too  often 
I  the  hands  of  speculators  who  gave  nothing,  or 
bext  to  nothing,  for  them.  But  I  must  say  that 
Ihe  argument  on  which  the  French  spoliation 
llaim  is  now  receiving  so  much  consideration, 
Applies  with  infinitely  more  force  to  the  planters 
I  slaves  were  taken  during  the  war  of  the 
Revolution  than  in  behalf  of  these  French  spoli- 
Ition  claims.  They  were  contributing — some  in 
Jieir  persons  in  the  camp  or  council,  all  in  their 
loluntary  or  tax  contributions — to  the  indepen- 
lence  of  their  country  when  they  were  thus  de- 
oiled  of  their  property.  They  depended  upon 
bose  slaves  to  support  their  families  while  they 
rere  supporting  their  country.  They  were  in 
pt  to  British  merchants,  and  relied  upon  com- 


pensation for  those  slaves  to  pny  tlioso  dobts.  at 
the  very  moment  wlu-n  romiH'nsiition  wns  nlioH- 
doncd  by  the  same  trenty  which   enfont'd  llio 
payment  of  the  debts.     They  had  a  treaty  obli- 
pati(m  for  indemnity,  express  in  its  terms,  and 
since  shown  to  be  valid,  when  deprived  of  thin 
stipidation  by  another  tn-aty,  in  order  to  obtain 
general  advantaces  for  the  whole  I'nion.     This 
is  something  like  taking  private  propt>rty  for 
public  use.    Three  thousand  slaves,  the  property 
of  ascertained  individuals,  protected  by  a  treaty 
stipulation,  and  afterwards  abandoi)e<l  by  another 
treaty,  against  the  entreaties  and  remonstrances 
of  the  owners,  in  order  to  obtain  the  British 
commercial  treaty  of  '94,  and  its  supplement  of 
'96:  such  is  the  case  which  this  revolutionary 
spoliation  of  slave  property  presents,  and  which 
puts  it  immeasurably  ahead  of  the  French  spoli- 
ation claims  prior  to  1800.    There  is  but  four 
years'  difference  in  their  ages — in  the  dates  of 
the  two  treaties  by  which  they  were  respectively 
surrendered — and  every  other  difference  between 
the  two  cases  is  an  argument  of  preference  in 
favor  of  the  losers  under  the  treaty  of  1796. 
Yet  I  am  against  both,  and  each,  separately  or 
together ;  and  put  them  in  contrast  to  make  one 
stand  as  an  argument  against  the  other.    But 
the  prunary  reason  for  introducing  the  slave 
spoliation  case  of  1783,  and  comparing  its  less 
fortunate  is.suo  with  that  of  1812,  was  to  show 
that  Northern  men  will  do  justice  to  the  South ; 
that  Northern  men  obtained  for  the  South  an 
indemnity  and  security  in   our  day  which  a 
Southern  Administration,  with  Washington  at 
its  head,  had  not  been  able  to  obtain  in  the  days 
of  our  fathers. 


CHAPTER    XXXI II. 

MEETING  OF  THE  FIRST  CONGUESS  ELECTED  ITS- 
DEE  THE  ADMINIrtTUATlON  OF  MK.  ADAMS. 

The  nineteenth  Congress,  commencing  its  legal 
existence,  March  the  4th,  1825,  had  been  chiefly 
elected  at  the  time  that  Mr.  Adams'  administra- 
tion commenced,  and  the  two  Houses  stood  di- 
vided with  respect  to  him — the  majority  of  the 
Representatives  being  favorable  to  him,  while  the 


!.-, 


it .    i^' 


92 


TllinTY  YEAR'S  VIF.W. 


majority  of  the  Senate  was  in  opfHwition.  The  j 
flections  for  the  twentieth  Conptjss — the  first 
under  liis  wlministration — were  Iooke<l  to  with 
frreat  interest,  both  sm  Hhowiny;  whether  the  new 
Presifknt  was  supported  hy  the  country,  and  his 
election  by  the  House  sanctioned,  and  also  as  an 
index  to  the  issue  of  the  ensuingc  presidential 
election.  For,  simultaneously  with  the  election 
in  the  House  of  lieprcsentativcs  did  the  canvass 
for  the  succeeding  election  begin — General  Jack- 
son being  the  announce<l  candidate  on  one  side, 
and  Mr.  Adams  on  the  other;  and  the  event  in- 
volving not  only  the  question  of  merits  between 
the  parties,  but  also  the  question  of  approved  or 
disapproved  conduct  on  the  part  of  the  represen- 
tatives who  elected  Mr.  Adams.  The  elections 
took  place,  and  resulted  in  placing  an  opposition 
majority  in  the  House  of  lieprcsentativcs,  and 
increasing  the  strength  of  the  opposition  majori- 
ty in  the  Senate.  The  state  of  parties  in  the 
House  wa.s  immediately  tcste<l  by  the  election  of 
speaker,  Mr.  John  W.  Taylor,  of  New-York, 
the  administration  candidate,  being  defeated  by 
Mr.  Andrew  Stevenson,  of  Virginia,  in  the  op- 
position. The  appointment  of  the  majority  of 
members  on  all  the  committees,  and  their  chair- 
men, in  both  Houses  adverse  to  the  administra- 
tion, was  a  regular  consequence  of  the  inflamed 
state  of  parties,  although  the  proper  conducting 
of  the  public  business  would  demand  for  the  ad- 
ministration the  chairman  of  several  important 
committees,  as  enabling  it  to  place  its  measures 
fairly  before  the  House.  The  speaker  (Mr.  Ste- 
venson) could  only  yield  to  this  just  sense  of 
propriety  in  the  case  of  one  of  the  committees, 
tliat  of  foreign  relations,  to  which  Mr.  Edward 
Everett,  classing  as  the  political  and  personal 
Iricnd  of  the  President,  was  appointed  chairman. 
In  other  committees,  and  in  both  Houses,  the 
stern  spirit  of  the  times  prevailed ;  and  the  or- 
ganization of  the  whole  Congress  was  adverse  to 
the  administration. 

The  presidential  message  contained  no  new 
recommendations,  but  referred  to  those  previ- 
ously made,  and  not  yet  acted  upon;  among 
which  internal  improvement,  and  the  encourage- 
ment of  home  industry,  were  most  prominent. 
It  pave  an  account  of  the  failure  of  the  proposed 
congress  of  Panama ;  and,  consequently,  of  the 
inutility  of  all  our  exertions  to  be  represented 
there.  And,  as  in  this  fmal  and  valedictory  no- 
tice by  Mr.  Adams  of  that  once  far-famed  con- 


grcas,  he  took  occasion  to  disclaim  some  vicw) 
attribute*!  to  him,  I  deem  it  just  to  gire  him  th> 
benefit  of  liis  own  words,  both  in  making  i';, 
dis<-laiiner,  and  in  giving  tho  account  of  i^ 
abortion  of  an  impracticable  scheme  which  lia] 
go  lately  been  prosecuted,  and  opposed,  with  «., 
much  heat  and  violence  in  our  own  country.  J|„ 
said  of  it : 

"  Disclaiming  alike  all  right  and  all  intcntinn  I 
of  interfering  in  those  concerns  which  it  is  the 
prerogative  of  their  independence  to  regulate  t^ 
to  them  shall  seem  fit,  we  hail  with  joy  every 
indication  of  their  prosperity,  of  their  harraonv 
of  their  persevering  and  inflexible  homajie  to 
those  principles  of  freedom  and  of  equal  ri>»ht!  I 
which  are  alone  suited  to  tho  genius  and  temper  I 
of  tho  American  nations.    It  has  been  thcrcfortl 
with  some  concern  that  wo  have  observed  indi- 
cations of  intestine  divisions  in  some  of  the  r^  I 
publics  of  tho  South,  and  appearances  of  lec^l 
union  with  ono  another,  than  wo  believe  to\A 
the  interest  of  all.    Among  tho  results  of  tlijj  I 
state  of  things  has  been  that  the  treaties  con[ 
eluded  at  Panama  do  not  appear  to  have  boeal 
ratified  by  the  contracting  parties,  and  that  thJ 
meeting  of  tho  Congress  at  Tacubaya  has  bwJ 
indefinitely  postponed.    In  accepting  the  invjt].! 
tions  to  be  represented  at  this  Congress,  while  tl 
manifestation  was  intended  on  the  part  of  thtl 
United  States,  of  tho  most  friendly  dispositioJ 
towards  the  Southern  republics  by  whom  itl 
had  been  proposed,  it  was  hoped  that  it  woulJ 
furnish  an  opportunity  for  bringing  all  the  iu-| 
tions  of  this  hemisphere  to  the  common  acknowT 
ledgment  and  adoption  of  the  principles,  in  (tA 
regulation  of  their  international  relations,  whicil 
would  have  secured  a  lasting  peace  and  harmonrl 
between  them,  and  have  promoted  the  cause  'i| 
mutual  benevolence  throughout  the  globe.   Bail 
as  obstacles  appear  to  have  arisen  to  the  rc'l 
assembling  of  the  Congress,  ono  of  the  two  niii 
istcrs  commissioned  on  tho  part  of  the  Unite 
States  has  returned  to  the  bosom  of  his  count^J 
while  the  minister  charged  with  the  ordinal 
mission  to  Mexico  remains  authorized  to  attenj 
at  the  conferences  of  the  Congress  whencTuI 
they  may  be  resumed." 

This  is  the  last  that  was  heard  of  that  so  mutt 
vaunted  Congress  of  American  nations ,  and  ii| 
the  manner  in  which  it  died  out  of  itself,  amoq 
those  who  proposed  it,  without  ever  having  I 
reached  by  a  minister  from  the  United  Statt^ 
we  have  tho  highest  confirmation  of  tho  sounjj 
ness  of  the  objections  taken  to  it  by  the  opp 
tion  members  of  the  two  Houses  of  oar  Coi 
gross. 

In  stating  the  condition  of  the  finances,  I 
message,  without  intending  it,  gave  proof  of  thj 
paradoxical  proposition,  first,  I  believe,  broaclii 


ANNO  1828.    JOHN  QUINCY  ADAM!*,  rRJ>II»r.NT. 


93 


\,\  my'^'l'^i  t'"^^  ">  Annual  revenue  to  the  extent 
j  3  fiiurtli  or  a  fifth  below  the  annual  expendi- 
uiro.  i<  sufllcient  to  meet  that  annual  expendi- 
,„ri' ;  an<l  consequently  that  there  is  no  ncccs- 
»iir  to  levy  as  much  as  is  expcndetl,  or  to  pro- 
v:<!e  by  Inw  for  keeping  a  certain  amount  in  the 
tnvuO' «h«>n  the  receipts  arc  equal, or  superior 
I  ;,i  tlic  cxiienditurc.     He  said : 

'The  balance  in  the  trcasiiry  on  the  first  I 
lofJaniinry  Inst  was  six  millions  three  hun- 1 
[ilreil  and  iifty-cight  thousand  six  hundred  and 
|,j_-|ity-,six    dollars    and   eij;htcen    cents.      The 
1  nwipt-''  from  that  day  to  the  30th  of  Septem- 
Ut  last,  ns  near  as  the  returns  of  them  yet 
|ro(civcd  can  show,  amount  to  sixteen  millions 
Lisht  hundred    and    eighty-six    thousand    five 
lliiimlred  and  eighty-one  dollars  and  thirty-two 
jftiits.     The  receipts  of  the  present  quarter, 
jestimatcd  at  four  millions  five  hundred  and  fif- 
|u«n  thousand,  added  to  the  above,  form  an  ag- 
|jn*!3ite  of  twenty-one  millions  four  hundr«l 
Ithoiisand  dollars  of  receipts.    The  expenditures 
|(if  the  year  may  perhaps  amount  to  twenty-two 
linillions  three  hundred  thousand  dollars,  prcsent- 
liisasniall  excess  over  the  receipts.      But  of 
lihesc  twenty-two  millions,  upwards  of  six  have 
kn  applied  to  the  discharge  of  the  principal  of 
klie  public  debt;  the  whole  amount  of  which, 
tpproaching  seventy-four  millions  on  the  first  of 
paniiary  last,  will  on  the  first  day  of  next  year 
p\  Ehort  of  sixty-seven  millions  and  a  half. 
The  balance  in  the  treasury  on  the  first  of  Jan- 
uary next,  it  is  expected,  will  exceed  five  millions 
luiir  hundred  and  fifty  thousand  dollars ;  a  sum 
Iscmling  that  of  the  first  of  January,  1825, 
lhoii;rh  falling  short  of  that  exhibited  on  the  first 
ff  January  last." 

In  this  statement  the  exi)enditures  of  the  year 

i  shown  to  exceed  the  income,  and  yet  to  leave 
[balance,  about  equal  to  one  fourth  of  the  whole 

the  treasury  at  the  end  of  the  year;  also 
jiat  the  balance  was  larger  at  the  end  of  the 
preceding  year,  and  nearly  the  same  at  the  end 

the  year  before.  And  the  message  might 
flTC  added,  that  these  balances  were  about  the 
kme  at  the  end  of  every  quarter  of  every  year, 
|id  every  day  of  every  quarter— all  resulting 
rom  the  impossibility  of  applying  money  to  ob- 
pcts  until  there  has  been  time  to  apply  it.  Yet 
fthe  time  of  those  balances  of  which  Mr.  Ad- 

!  speaks,  there  was  a  law  to  retain  two  mil- 
bns  in  the  treasury ;  and  now  there  is  a  law  to 
Itain  six  millions ;  while  the  current  balances, 
)the  rate  of  a  fourth  or  a  fifth  of  the  income,  are 
any  times  greater  than  the  sum  ordered  to  be 
Jtained;  and  cannot  be  reduced  to  that  sum, 

regular  payments  from  the  treasury,  until 


the  revnue  itself  Is  rif lured  below  the  ex- 
penditure. Tliis  is  a  financial  paradox,  sustain- 
able upon  reason,  proved  by  facts,  and  vUiblo 
in  the  state  of  the  treasury  at  ail  tinio.<*;  yet  I 
have  endeavored  in  vain  to  cstabli.>h  it;  and 
Congress  is  as  careful  as  ever  to  provide  an  an- 
nual income  equal  to  the  annual  exjjenditure ; 
and  to  make  permanent  provision  by  law  to  keep 
up  a  reserve  in  the  treasury ;  which  would  bo 
there  of  itself  without  such  law  as  long  as  the 
revenue  comes  within  a  fourth  or  a  fifth  of  the 
expenditure. 

The  following  members  composed  the  two 
Houses  at  this,  the  first  session  of  the  twentieth 
Congress : 

8EKATE. 

JIaine— John  Chandler,  Albion  K.  Tarris. 
New  HAMrsHiiiK— Samuel  Lell,  Levi  Wood- 
bury. 

Massachusetts— Xatlianiel  Silslwe,  Daniel 
Webster. 

Connecticut— Samuel  A.  Foot,  Calvin  Willey. 

Rhode  Island— Xehemiah  li.  Knight,  Asher 
Robbins. 

Vkrmont — Dudlcjr  Chase,  Horatio  Seymour. 

New-Yokk— Martm  Van  Buren,  Nathan  San- 
ford.  ' 

New  Jersey — Mahlon  Dickerson,  Ephraim 
Bateman. 

Pennsylvania— William  Marks,  Isaac  D. 
Barnard. 

Delaware— Louis  M'Lane,  Henry  M.  Ridge- 
ley. 

Maryland— Ezekicl  F.  Chambers,  Samuel 
Smith. 

Virginia— Littleton  W.Tazewell,  John  Tyler.  P- 

North  Carolina— John  Branch,  Nathaniel 
Macon. 

South  Carolina— William  Smith,  Robert  Y. 
Hayne. 

Georcia- John  JITherson  Berrien,  Thomas 
W.  Cobb.  ' 

Kentuck  y — Richard  M.  Johnson,  John  Rowan 

Tennessee— John  H.  Eaton,  Hugh  L.  White. 

Ohio— William  H.  Harrison,  Benjamin  Rug-/'- 

gies.  ,; 

Louisiana — Dominique  Bouligny,  Josiah  S. 
Johnston. 

Indiana— William  Hendricks,  James  Noble. 

Mississippi— Powhatan  Ellis,  Thomas  II.  Wil- 
liams. 

Illinois — Elias  K.  Kane,  Jesse  B.  Thomas. 

Alabama— John  McKinley,  William  R.  King. 

Missouri— David  Barton,  Thomas  H.  Benton. 

HOUSE  OF  EEPEESENTATIVE8. 

Maine— John  Anderson,  Samuel  Butman, 
Rufus  MIntire,  Jeremiah  O'Brien,  James  W. 
Ripley,  Peleg  Sprague,  Joseph  F.  Wingate— 7. 

New  Hampshire— Ichabod  Bartlett,  David 


(     i. 


!    ' 


i!        ! 


r  !■: 


.rliJ' 


•/-' 


Ju."- 


in 


94 


THIRTY  TEARS'  VIEW. 


Av 


A  :  ..■ 


Barker,  jr.,  Titiis  Brown,  Joseph  Ilealcy,  Jona- 
tlmn  Ilarvcy.  Thomfts  Whipple,  jr. — (J. 

Massaciii'hktts — Sainiiol  C.  Allen,  John  Bai- 
Ic}',  I.s.sac  C.  Bates,  B.  W.  CrowninNhieUl,  John 
l/avifl,  Henry  W.  Dwight,  Edn-arl  Everett, 
Benjamin  (Jorham,  James  li.  Ho<lpcs,  John 
Locke,  John  Beed,  Joseph  Kichardiion,  John 
Vamnm — 1 ,5. 

UiioDE  Island— Tristam  Burges,  Dutee  J. 
Pearcc — 2 

Connecticut — John  Baldwin.  Noyes  Barber, 
Balph  J.  InperfioU,  Orango  Mcrwin,  Elisha 
Phelps,  David  Plant— C. 

Vkkmont — Daniel  A.  A.  Buck,  Jonathan 
Hunt,  Kojin  C.  MuUary,  Benjamin  Swift,  George 
E.  Wales— 5. 

New-Yohk— Daniel  D.  Barnard,  George  0. 
Belden,  Kudol{)h  Bunner,  C.  C.  Cambrelcng, 
Samuel  Cha.se,  John  C.  Clark,  John  D.  Dickm- 
f;on,  Jonas  Earll,  jr.,  Daniel  G.  Garnsey,  Na- 
thaniel Garrow,  John  I.  Do  Graflj  John  Hallock, 
jr.,  Sclah  R.  Ilobbio,  Michael  Hoffman,  Jcromus 
John.son,  Richard  Keeso,  Henry  MarkcU,  H.  C. 
Martindale,  Dudley  Marvin,  John  Mageo,  JoJui 
Jilaynard,  Thomas  J.  Oakley,  S.  Van  Rensselaer, 
llenry  li.  Storrs,  James  Strong,  John  G.  Stower, 
Phineas  L.  Tracy,  John  W.  Taylor,  G.  C.  Ver- 
planck,  Aaron  Ward,  John  J.  Wood,  Silas  Wood, 
David  Woodcock,  Silas  Wright,  jr. — 34. 

New  Jersey — Lewis  Condict,  George  Hol- 
combe,  Isaac  Pierson,  Samuel  Swan,  Edge 
Thompson,  Ebenezer  Tucker — G 

Pennsylvania — William  Addams,  Samuel 
Anderson,  Stephen  Barlow,  James  Buchanan, 
Richard  Coulter,  Chaunccy  Forward,  Joseph  Fry, 
jr.,  Innes  Green,  Samuel  D.  Ingham,  George 
Kremer,  Adam  King,  Joseph  Lawrence,  Daniel 
H.  Miller,  Charles  Miner,  John  Mitchell,  Samuel 
M'Kean,  Robert  Orr,  jr.,  William  Ramsay,  John 
Sergeant,  James  S.  Steven.son,  John  B.  Sterigere, 
Andrew  Stewart.  Joel  B.  Sutherland,  Espy  Van 
HoiTi,  James  Wilson,  George  Wolf— 2G. 

Delaware — Kensy  Johns,  jr. — I. 

Maryland — John  Barney,  Clement  Dorsey, 
Levin  Gale,  John  Leeds  Kerr,  Peter  Little, 
Michael  C.  oprigg,  G.  C.  Washington,  John  C. 
Weems,  Ephraiin  K.  Wilson — 9. 

Virginia — Mark  Alexander,  Robert  Allen, 
Wm.  S.  Archer,  AVm.  Armstrong,  jr.,  John  S.  Bar- 
bour, Philip  P.  Barbour,  Burwell  Bassett,  N.  II. 
Claiborne,  Thomas  Davenport,  John  Floyd,  Isaac 
Lefiler,  Lewis  Alaxwcll,  Charles  F.  Mercer, 
William  M'Coy,  Thomas  Newton,  John  Ran- 
dolph, William  C.  Rives,  John  Roane,  Alexan- 
der Smyth,  A  Stevenson,  John  Talliaferro,  James 
Trezvant — 22. 

North  Carolina — Willis  Alston,  Daniel  L. 
Barringor,  John  H.  Bryan,  Samuel  P.  Carson, 
Henry  W.  Conner,  John  Culpeper,  Thomas  H. 
Hall,  Gabriel  Holmes.  John  Long,  Lemuel  Saw- 
ver,  A.  H.  Shepperd,  Daniel  Turner,  Lewis  Wil- 
liams— 1.3. 

South  Carolina — John  Carter.  Warren  R. 
Davis,  William  Drayton,  James  Haniilton,  jr., 
George  M'Duifie,  William  D.  Martin,  Thomas 


R.  Mitchell,  Wm.  T.  Nuckolls,  Starting  Tuckr^i 
— 1>. 

Gkoroia — John  Floyd,  Tomlinson  For*  1 
Charles  E.  Hay nes,  George  R.  Gilmer,  AVjIm, J 
Lumpkin,Wiley  Thompson,Richard  H.  Wilde—; 

Kentuc  KY — Richani  A.  Buckncr,  James  Clark 
Henry  Daniel,  Joseph    Lccompte,  Rol^rt  pi 
Letcher,  Chittenden  Lyon,  Thomas  Mutcaif. 
Robert  M'Hatton,  Thomas  P.  Moore,  Charles  \, 
Wickliffo,  Joel  Yancey,  Thomas  Chilton— Ij. 

Tennessee — John  Bell,  John   Blair,  I)avi.|| 
Crockett,  Robert  Desha,  Jacob  C.  Isacks,  Prvo- 
Lea,  John  H.  Maroble,  James  C.  Mitchell,  Jma 
K.  .golk— 9.  (PM...,.rt*v,^'/'7Y?'  '^ 

Ohio — Mordccai  Bartlcjf,  Pnilcmon  Bowhcr  1 
A\'illiam  Creighton,  jr.,  John  Davenport,  Jam«l 
Findlay,  Wm.  M'Lean,  William  Russell.  John  I 
Sloano,  William  Stanberry,  Joseph  Vance.  Samuel  | 
F.  Vinton,  Elisha  Whittlesey,  John  Woods,  John  I 
C.  Wright— 14. 

Louisiana — William  L.  Brent,  Henry  il.| 
Gurley,  Edward  Livingston — 3.  | 

Indiana — Thomas  H.  Blake,  Jonathan  Jei>| 
nings,  Oliver  H.  Smith— 3. 

Mississippi — William  Haile — I. 

Illinois — Jo.seph  Duncan — 1. 

Alabama — Gabriel  Moore,  John  M'Keel 
George  W.  Owen — 3. 

Missouri— Edward  Bates — 1.  :,  ^  £     (,.  ,^,  i 

DKtEOATES.  ^'^^'^-'  " 

Arkansas  Territory — A.  H.  Sevier. 
Michigan  Territory — Austin  E.  Wing. 
Florida  Territory— Joseph  M.  White. 

This  list  of  members  presents  an  immcnal 
array  of  talent,  and  especially  of  business  talent! 
and  in  its  long  succession  of  respectable  name^l 
many  will  be  noted  as  having  attained  natioiull 
reputations— others  destined  to  attain  that  dis-l 
tinction — while  many  more,  in  the  first  class  of| 
useful  and  respectable  members,  remained  without 
national  renown  for  want  of  that  faculty  nhichl 
nature  seems  most  capriciously  to  have  scattcnJ 
ainong  the  children  of  men — the  faculty  of  flucjij 
and  copious  speech ; — giving  it  to  some  of 
judgment — denying  it  to  others  of  equal,  orltil 
greater  judgment — and  lavishing  it"upon  scm 
of  no  judgment  at  all.  The  national  eyes  i 
fixed  upon  the  first  of  these  classes — the  boi 
of  judgment  and  copious  speech ;  and  evcnthos 
in  the  third  class  obtaui  national  notoriety;  whiii| 
the  men  in  the  second  class — the  men  of  ju(ij 
ment  and  few  words — are  extremely  valued  i 
respected  in  the  bodies  to  wliich  they  bcIoDj 
and  have  great  weight  in  the  conduct  of  busines 
They  are,  in  fact,  the  business  men,  often  m 
practical  and  efficient  than  the  great  oratoi 
This  twentieth  Congress,  as  all  others  that  hiH 


ciiapte: 

REVISION  OF 

Che  tariff  of  1828  is  j 
teinu  the  event   from 


ANNO  1828. 


1  <  QUINCY  ADAMf,  rRESll>ENT. 


95 


K^n.  contained  a  larp:  proportion  of  these  mont 
laiihl  and  rcHpcctable  members;  and  it  will  bo 
Lvf  plea.<ant  task  of  this  work  to  do  them  the 
Ijustioo  which  their  modest  merit  would  not  do 
Ifjr  tlicmficlvcs. 


CHAPTER  XXXIV. 

REVISION  OF  THE  TAKIFF. 

IfHE  tariff  of  1828  is  an  era  in  our  legislation, 

jtinjt  the  event   from  which  the  doctrine  of 

f  nullification ''  takes  its  origin,  and  from  which 

^  serious  division  dates  between  the  North  and 

llio  South.    It  was  the  work  of  politicians  and 

Manufacturers;    and  was  commenced  for  the 

benefit  of  the  woollen  interest,  and  upon  a  bill 

biicfly  designed  to  favor  that  branch  of  mhnu- 

k  turing  industry.    But,  like  all  other  bills  of 

ke  kind,  it  required  help  from  other  interests  to 

Jot  itself  along ;  and  that  help  was  only  to  be 

Ibtaincd  by  admitting  other  interests  into  the 

benefits  of  the  bill.    And  so,  what  began  as  a 

tial  benefit,  intended  for  the  advantage  of  a 

irticular  interest,  became  general,  and  ended 

(ith  including  all  manufacturing  interests — or 

t  least  as  many  as  were  necessary  to  make  up 

'  strength  necessary  to  carry  it.    The  produo- 

Jons  of  different  States,  chiefly  in  the  West, 

■ere  favored  by  additional  duties  on  their  rival 

Iports ;  as  lead  in  Missouri  and  Illinois,  and 

kmp  of  Kentucky ;  and  thus,  though  opposed 

t  the  object  of  the  bill,  many  members  were 

«ssitatcd  to  vote  for  it.    Mr.  Kowan,  of  Ken- 

Icky,  well  exposed  the  condition  of  others  in 

jis  respect,  in  showing  his  own  in  some  remarks 

Ihich  he  made,  and  in  which  he  said : 

•He  was  not  opposed  to  the  tariff  as  a  system 
[revenue,  honestly  devoted  to  the  olyects  and 
Irposcs  of  revenue — on  the  contrary,  he  was 
lendly  to  a  tariff  of  that  character ;  but  when 
pverted  by  the  ambition  of  political  aspirants, 
1  the  secret  influence  of  inordinate  cupidity,  to 
OSes  of  individual,  and  sectional  ascendency, 
[could  not  be  seduced  by  the  captivation  of 
nes,  or  terms,  however  attractive,  to  lend  it 
(individual  support. 

*It  is  in  vain,  Mr.  Fresident,  said  ii?,  that  it  is 

|lcd  the  American  System — names  do  not  alter 

ni!3.    There  is  but  one  American  System,  and 

kt  is  delineated  in  the  State  and  Federal  consti- 


tution!!. It  is  the  system  of  equal  rights  and 
privileges  8ccure<l  by  the  ri-presontative  prinriplo 
— a  system,  which,  instead  of  subJcrtinK  the  pro- 
ceeds of  the  lal)or  of  some  to  taxation,  in  the 
view  to  enrich  others,  secures  to  all  the  |)r<)oec(is 
of  their  labor— exempts  all  from  taxation,  ex- 
cept for  the  support  of  the  protecting  jiower  of 
the  government.  As  a  tax  necos.snry  to  the  sup- 
port of  the  government,  ho  would  support  it — 
call  it  by  what  name  you  please ; — as  a  tax  for 
any  other  purpose,  and  especially  for  the  pur))osi'H 
to  which  ho  had  alluded — it  had  his  individual 
reprobation,  under  whatever  name  it  might  as- 
sume. 

'•  It  might,  ho  observed.  l)c  inferred  from  what 
ho  had  said,  that  ho  would  vote  against  the  bill. 
lie  did  not  wish  any  doubts  to  be  entertained  as 
to  the  vote  he  should  give  u|K)n  this  nicasuro,  or 
the  reasons  which  would  intluencc  him  to  give 
it.  lie  was  not  at  lil)erty  to  substitute  his  in- 
dividual opinion  for  that  of  his  State.  lie  was 
one  of  the  organs  here,  of  a  State,  that  had,  by  the 
tariff  of  1824,  been  chained  to  the  car  of  the  East- 
ern manufacturers — a  State  that  had  been  from 
that  time,  and  was  now  groaning  under  the  press- 
ure of  that  unequal  and  unjust  measure — a 
measure  from  the  pressure  of  which,  owing  to 
the  prevailing  illusion  thi-oughout  the  United 
States,  she  saw  no  hope  of  escape,  by  a  speedy 
return  to  correct  principles ; — and  seeing  no  hope 
of  escaping  from  the  ills  of  the  system,  she  is  con- 
strained, on  principles  of  self-defence,  to  avail 
herself  of  the  mitigation  which  this  bill  presents, 
in  the  duties  which  it  imposes  upon  foreign  hemp, 
spirits,  iron,  and  molns.ses.  The  hemp,  iron,  and 
distilled  spirits  of  the  West,  will,  like  the  woollens  r 
of  the  Eastern  States,  |lc  encouraged  to  the  extent  ^ 
of  the  tax  indirectly  imposed  by  this  bill,  upon 
those  who  shall  buy  and  consume  them.  Those 
who  may  need,  and  buy  those  articles,  must  pay 
to  the  grower,  or  manufacturer  of  them,  an  in- 
creased price  to  the  amount  of  the  duties  imposed 
upon  the  like  articles  of  foreign  growth  or  fabric. 
To  this  tax  upon  the  labor  of  the  consumer,  his 
individual  opinion  was  opposed.  IJut.  as  the 
organ  of  the  State  of  Kentucky,  he  f'?lt  himself 
bound  to  surrender  his  individual  opinion,  and 
express  the  opinion  of  his  State. " 

Thus,  this  tariff  bill,  like  every  one  admitting 
a  variety  of  items,  contains  a  vicious  principle,  by 
which  a  majority  may  be  made  up  to  pass  a 
measure  which  they  do  not  approve.  But  be- 
sides variety  of  agricultural  and  manufacturing 
items  collected  into  this  bill,  there  was  another 
of  very  different  import  admitted  into  it,  namely, 
that  of  party  politics.  A  presidential  election 
wbs  approaching:  General  Jackson  and  Mr. 
Adams  were  the  candidates — the  latter  in  favor 
of  the  "  American  System  " — of  which  Mr.  Clay 
(his  Secretary  of  State)  was  the  champion,  and 
indissolubly  connected  with  him  in  the  public 


90 


THIRTY  YEAIW  VIKW. 


mind  in  tlic  insiio  of  the  clectiDn.  Tlii«  torilF 
VM  inado  nn  n.lininistration  measure,  and  lic- 
rHine  nn  issue  in  tlio  ciinvnHs  ;  nnd  to  this  Mr. 
Ilowan  Ki(;nitleaiilly  alluded  wlien  lie  sjh  'x'  of  a 
tarill'  ns  l»ein«  ''perverted  1)y  tlio  nmhiaon  of 
political  nsi)irftnts.''  It  waH  in  vnin  that  the 
manufacturers  were  warned  not  to  mix  tlieir  in- 
tcrestH  with  the  doubtful  gamo  of  polities.  They 
yielded  to  the  temptation— yielded  ns  a  class, 
though  with  individual  cxa'ptions — for  the  sake 
of  the  temporary  benefit,  without  secniin;?  to  rc- 
nli/o  the  diinnrer  of  connecting  their  interests 
with  the  fortunes  of  a  political  jiarty.  This 
tariff  of  'l.'8,  besides  being  remarkable  for  giving 
birth  to  "niillillcation,"  and  heart-burning  be- 
tween the  North  nnd  the  South,  was  also  re- 
maikablo  for  a  change  of  policy  in  the  New 
England  States,  in  relation  to  the  protective 
system.  I]<!ing  strongly  commercial,  these  States 
had  hitherto  favored  free  trade  ;  and  Mr.  'Web- 
ster was  the  champion  of  that  trade  up  to  1824. 
U  this  session  a  majority  of  those  States,  nnd 
especially  those  which  classed  politically  with 
Mr.  Adams  nnd  Mr.  Clay,  changed  their  policy : 
nnd  AVebster  became  a  champion  of  the  protec- 
tive system.  The  cause  of  this  change,  as  then 
nlleged,  was  the  fact  that  the  protective  system 
had  become  the  established  policy  of  the  govern- 
ment, and  that  these  States  had  adapted  their 
industry  to  it ;  though  it  was  insisted,  on  the 
other  hand,  that  political  calculation  had  more 
to  do  with  the  change  than  federal  legislation : 
and,  in  fact,  the  question  of  this  protection  was 
one  of  those  which  lay  at  the  foundation  of  par- 
ties, and  was  advocated  by  General  Hamilton  in 
one  of  his  celebrated  reports  of  fifty  years  ago. 
But  on  this  point  it  is  right  that  New  England 
should  speak  for  herself,  which  she  did  at  the  time 
of  the  discussion  of  the  tariff  in  '28  ;  and  through 
the  member,  now  a  senntor  (Mr.  Webster),  w^ho 
typified  in  his  own  person  the  change  which  his 
section  of  the  Union  had  undergone.    He  said : 

"New  England,  sir,  has  not  been  a  lender  in 
this  policy.  On  the  contrary,  she  held  back,  her- 
self, and  tried  to  hold  others  back  from  it,  from 
the  adoption  of  the  constitution  to  1824.  Up  to 
1824,  she  was  accused  of  sinister  and  selfish  de- 
signs, because  she  discountenanced  the  progress 
of  this  policy.  It  was  laid  to  her  charge,  then, 
that  having  established  her  manufactures  herself, 
she  wished  that  others  should  not  have  the  power 
of  rivalling  her;  and,  for  that  reason,  opposed  all 
legislative  en.iouragement.  Under  this  angry 
denunciation  against  her,  the  net  of  1824  passed. 


Now  the  imputation  is  preriwly  of  nn  fipj,,,..! 
chnrnctcr.     The  present  measure  is  priinniui.,  I 
to  l>e  exclusively  for  the  benefit  of  New  Kii;'U,, 
to  be  brought  forward  bv  her  ngenoy,  nml  r. 
signed  to  gratify  the  eupitlity  of  her  wialtliv, 
tablishments. 

"  IJoth  rlmrges,  sir.  are  equally  without  t.l 
slightest  foundation.     The  opmion  of  Ni«  };•  | 
land,  up  to  1H24,  was  founded  in  the  conviri; 
that,  on  the  whole,  it  was  wisest  nnd  U^t.  1,, 
for  herself  and  others,  that  manufacturers  slicm 
nuike  haste  slowly.    She  felt  a  reluctance  to  tpi,.! 
great  interests  on  the  foimdation  of  govcmn,.ii;| 
patronage ;   for  who  could  tell  bow  long  micJ 
patronage  would  last,  or  with  what  stemltif.^ 
skill,  or  jicrsevernnre,  it  would  continue  to  i«L 
granted?    It  is  now  nearly  fifteen  years,  sini>| 
among  the  first  things  which  I  ever  ventiirwltJ 
soy  hero,  was  the  expression  of  n  serious  (loiil,t| 
whether  this  government  was  fitted  by  its  (vj. 
btruction,  to  administer  aid  and  protection  J 
particular  pursuits ;  whether,  having  called  si;ci| 
pursuits  into  being  by  indications  of  its  favor.  ;i 
would  not,  afterwards,  <lesert  them,  when  trouldt 
come  upon  them ;  and  leave  thciu  to  their  fa;J 
Whether  this  prediction,  the  result,  ceitaiiily.ofl 
chance,  nnd  not  of  sagacity,  will  so  soon  be  fuj 
filled,  remains  to  bo  seen. 

"  At  the  same  time  it  is  true,  that  from  \ 
very  first  commencement  of   the  govornimnil 
thoso  who  havo  administered  its  concerns  ii»] 
held  a  tone  of  encouragement  and  invitation  tof 
wards  those  who  should  embark  in  manufncttm 
All  the  Presidents,  I  believe,  without  exception 
have  concurred  in  this  general  sentiment ;  in^ 
the  very  first  act  of  Congress,  laying  duties  of  n 
post,  adopted  the  then  unusual  expedient  of  J 
preamble,  apparently  for  little  other  purpose  tlia 
that  of  declaring,  that  the  duties,  which  it  iinposj 
ed,  were  imposed  for  the  encourngcment  and  pro 
tcction  of  inanufactiires.    When,  at  the  coi» 
mencement  of  the  late  war,  duties  were  doubkil 
we  were  told  that  we  should  find  a  mitigation  a 
the  weight  of  taxation  in  the  new  aid  and  sntj 
cor  which  would  be  thus  afforded  tc  our  oin 
manufacturing    labor.     Like   arguments  \Te:^ 
urged,  nnd  prevnilcd,  but  not  by  the  aid  of  Sn 
England  voles,  when  tbo  tariff  was  nfterwani 
arranged  at  the  close  of  the  war.  in  181G.  F| 
nally,  after  a  whole  winter's  deliberation,  the> 
of  1824  received  the  sanction  of  both  lluusis  ( 
Congress,  and  settled  the  policy  of  the  countn 
What,  then,  was  New  England  to  do?    Slieirij 
fitted    for    manufacturing    operations,  by  l 
amount  and  character  of  her  population,  by  \ii 
capital,  by  the  vigor  and  energy  of  her  freelaM 
by  the  skill,  economy,  enterprise,  and  pcrscvd 
ance  of  her  people.    I  repeat,  what  was  slie,  i 
dor  these  circumstances,  to  do  ?     A  great  ii| 
prosperous  rival  in  her  near  neighborhood,  thn 
ening  to  draw  from  her  a  part,  perhaps  a  ^ 
part,  of  her  foreign  commerce ;  was  she  to  i 
or  to  neglect,  those  other  means  of  seclcinj;  1 
own  prosperity  which  belonged  to  her  cliararti 
and  her  condition  ?    Was  she  to  bold  out,  fJ 


ANNO  Ui«.    John  gL'INCY  AI»AMS.  I'llt-HlliKNT. 


97 


fur  n'.'niiHt  f'o  tflurse  of  tlio  (rnvrmmptit,  nii'I 
,,  III  rxlf  I""*!";;,  tui  oni-  siilc.  nml  \rl  makiinr  uo 
/'iris  to  su«tniii  In  rsvlf  on  tin-  olhtT  /  N<>,  Mir. 
\  lliini?  "OS  Itfl  to  New  ^'.n^rlnllll,  nftir  the  «rt 
1«J4,  t'lit  to  c-oiifonii  hiTsi'lf  to  tho  will  of 
„.|-^.  Nothing  was  left  to  luT,  Init  to  considtT  [ 
I  tiiit  till'  pivi'iiiim'iit  hill!  (ixi'ii  nml  <letenninfil 
.(iwii  i»)1k7  ;  ami  that  |x)licy  wo-s  iirotection. "  ' 

The  niu'slion  of  a  iirotoctivo  tarilF  hn<l  now  , 
ht  only  bfooiiif  |Militiciil,  but  sectional.     In  tho 
Lirlv  viara  of  the  fudenil  goveniment  it  was  not 
n,   T.lio  tariir  bills,  as  the  first  ami  tho  secontl 
hat  were  juissed,  declared  in  their  preambles 
liliattliey  were  for  tho  encouragement  of  nmnu-  { 
Irniiiri's,  as  well   as  for  raisinj;  revenue;  but 
thin  the  duties  imposed  wero  all  moderate — 
|ji;(h  as  a  revenue  system  really  rcfjuireil ;  and 
thiri.'  were  no  "  vihnmuws"  to  make  a  false  ba- 
ll, for  tho  calculation  of  duties,  by  enacting 
lihnt  all  which  cost  less  than  a  certain  amount 
Ihould  bo  counted  to  have  cost  that  amount ; 
Inl  be  rated  at  the  custom-house  accordingly. 
1  this  early  period  tho  Southern  States  were 
.  ready  as  any  i)art  of  the  Union  in  extending 
iho  protection  to  homo  industry  which  resulted 
torn  the  imposition  of  revenue  duties  on  rival 
nported  articles,  and  on  articles  necessary  to 
urselves  in  time  of  war;   and  some  of  her 
latesmcn  were  amongst  the  foremost  members 
't  Congress  in  promoting  that  policy.     As  late 
i  181G,  some  of  her  statesmen  were  still  in  favor 
t  protection,  not  merely  as  an  incident  to  rove- 
but  as  a  substantive  object:  and  among 
Icse  was  Jlr.  Calhoun,  of  South  Carolina — who 
■en  advocated  the   minimum   provision — then 
r  the  first  time  introduced  into  a  tariff  bill,  and 
ion  his  motion — and    applied  to  the  cotton 
oils  imported.    After  that  year  (181G)  the 
biff  bills  took  a  sectional  aspect — the  Southern 
lates,  with  the  exception  of  Louisiana  (led  by 
'  sugar-planting  interest),  against  them :  the 
^w  England  States  also  against  them:   the 
»lille  and  Western  States  for  them.     After 
124  the  Now  England  States  (always  meaning 
1  greatest  portion  when  a  section  is  spoken  of) 
pcd  with  the  protective  States — leaving  the 
pth  alone,  as  a  section,  against  that  policy, 
personal    position    was    that    of  a  great 
by  otliors  in  tt     three  protective  sections — 
osed  to  the  policy,  but  going  with  it,  on  ac- 
nt  of  the  interest  of  the  Stato  in  the  protcc- 
1  of  some  of  its  productions.    I  moved  an  ad- 
bnal  duty  upon  lead,  equal  to  one  hmidred 

Vol.  I.— 7 


per  pcntum;  and  it  was  mrrii*'!.  I  mnriMl  » 
•Inly  iipoii  indipv  a  firMier  nl»|di'  of  the  South, 
but  now  <lt'i'!im><l  to  a  sli^'ht  prixiuriioii ;  iiml  I 
pro|H)si'<l  a  rate  of  duly  in  linnnony  with  tho 
protective  featuR's  of  the  bill.  No  southern 
member  would  move  that  <liit},  because  be  ojh 
jH)sed  the  principle;  I  moved  it,  that  lliu  ••Amer- 
ican ."System,"  as  it  was  called,  should  work 
olike  ill  all  parts  of  our  Ameriia.  I  sup|>orted 
the  motion  with  some  reasons,  ami  some  views 
of  the  former  cultivation  of  that  plant  in  tho 
Southern  States,  and  itK  present  decline,  thus : 

'•  Mr.  TIenton  then  proposed  an  amendment,  in 
imiH)se  a  duty  of 'J')  cents  pr  pound  on  imixirted 
imiigo,  with  a  progressive  iiierea.so  at  the  rate  of 
•-T)  cents  [nr  iK)uml  ikt  annum,  until  tho  whole 
duty  amounted  to  $1  ]>cr  ])oun<l.  Ho  stated  his 
object  to  be  two-folil  in  pro|)osing  this  duty.  fir.«t. 
to  place  the  American  System  lieyond  the  reach 
of  its  eneinies,  by  procuring  a  homo  supply  of  an 
article  indispensable  to  its  existence ;  and  next, 
to  benefit  the  South  by  reviving  the  cultivation 
of  one  of  its  ancient  and  valuable  staples. 

Indigo  was  first  planted  in  tho  Carolinas  and 
Georiria  about  the  year  1740,  ond  succee<le<l  .*^o 
well  as  to  command  the  attention  of  the  British 
manufacturers  and  tho  Briti.sh  parliament.     An 
act  was  passed  for  the  encouragement  of  its  pi-o- 
duction  in  these  colonic.'-,  in  tho  reign  of  George 
the  Second ;  the  preamble  to  which  Mr.  B.  read, 
and  recommended  to  tho  consideration  of  the 
Senate.    It  recited  that  a  regidar,  ample,  and 
certain  supply  of  indigo  was  indisiwnsable  to  the 
success   of  British  manufacturers ;   that  these 
manufacturers  were  then  dependent  upon  foreign- 
ers for  a  supply  of  this  article ;  and  that  it  was 
the  dictate  of  a  wise  policy  to  encourage  the  pro- 
duction of  it  at  home.     The  act  then  went  on  to 
direct  that  a  premium  of  six])cncc  sterling  should 
be  paid  out  of  the  British  treasury  for  every 
pound  of  indigo  imported  into   Great  Britain, 
from  the  Carolinas  and  Georgia.    Under  tlie  fos- 
tering influence  of  this  bounty,  said  Mr.  B.,  the 
cultivation  of  indigo  became  great  and  extensive. 
In  six  years  after  the  passage  of  the  act,  the  ex- 
port was  217,000  lbs.  and  at  the  breaking  out  of 
the  Revolution  it  amounted  to  1,100,000  lbs.  The 
Southern  colonies  became  rich  upon  it ;  for  the 
cultivation  of  cotton  was  then  unknown  ;  rice  and 
indigo  were  the  staples  of  the  South.     After  the 
Revolution,  and  especially  after  the  great  territo- 
rial acquisitions  which  the  British  made  in  India, 
the  cultivation  of  American  indigo  declined.  The 
premium  was  no  longer  paid ;  and  the  British 
government,  actuated  by   the  same  wise  policy 
which  made  them  look  for  u  home  supply  of  this 
article  from  the  Carolinas,  when  they  were  apart 
of  the  British  possessions,  now  looked  to  India 
for  the  same  reason.    The  ex])ort  of  American 
indigo  rapidly  declined.     In  1800  it  had  fallen  to 
400,000  lbs. ;  in  1814  to  40,000  lbs, ;  and  in  tho 


'M''-' 


98 


TIFIHTY  YEAIW*  VI KW. 


!«Mt  ft'wr  \v^rr^  to  (1  or  H.(KMt|lm.  In  the  inran 
time  (tiir  irianiifiictnrii"*  wiTt-  (jrowinp  tip;  »nil 
having  no  Niipiily  nf  ihili^'n  nt  Imnii',  tlii-y  hn<l  to 
iiii|M)rt  rn)tn  nlinmrl.  hi  IKJil  tliiH  ini|K>rta(ioii 
nrn<iiiiil4>il  to  I.I.Vi.oiHi  IhN.rostinK  n  frnr'tlon  Iff^ 
than  two  inillHuiM  of  ilolliirs.  nml  lia<l  to  Ik)  pnid 
fur  almost  entinOy  in  rcaily  money,  n^  it  wnn 
rliicflyolitaiii(.'<|  from  plai-is  wUvtv  Amtricaii  pro- 
(liiro  wnH  ill  no  fli-niiiml.  I'lNin  tliis  state  of 
flirts,  .Mr.  H.  ronccivcd  it  to  lie  the  pnrt  of  n  wise 
nn'l  prmltrit  jHilioy  to  follow  the  cxaiiipli'  of  the 
I'lritinh  parliament  in  the  rei^Mi  'fCeortje  1 1,  nml 
provide  a  liome  supply  of  this  iii(ii-|KTisal)le  ar- 
ticle. Our  nianufacliireis  now  paid  n  ili^'h  price 
f.ir  line  indigo,  no  less  than  S2  .111  jter  poinid,  as 
IcHlilled  hy  one  of  themselves  liefore  the  t'oin- 
initteo  on  Manufactures  raised  in  the  House  of 
JtepresentntivcH.  'J'iie  duty  whicli  ho  proposed 
was  only  40  per  cent.  u|x)n  that  value,  and  would 
not  even  reach  that  rate  for  four  years.  It  was 
less  than  one  half  the  duty  which  tiio  dame  bill 
|)roiK>Hed  to  lay  instanter  uiK>n  the  very  cloth 
which  this  indipi  was  intended  to  dye.  In  the 
end  it  would  make  all  indigo  come  cheaper  to  the 
manufacturer,  as  the  home  supply  would  soon  Iw 
(•(liial,  if  not  suiwrior  to  the  demand ;  and  in  the 
mean  time,  it  could  not  bo  considered  a  tax  on 
the  manufacturer,  as  he  would  levy  the  advance 
Khicli  he  had  to  jmy,  with  a  good  interest,  upon 
the  wearer  of  the  cloth.    >  ••  .i:,'  v-^  Nje^<  ■ 

"  Mr.  li.  then  went  into  an  exposition  of  the 
reasons  for  encourapinp;  the  homo  production  of 
indigo,  and  showed  that  the  life  of  the  American 
System  depended  upon  it.  Neither  cotton  nor 
woollen  manufactures  could  be  carried  on  with- 
out indigo.  The  consumption  of  that  article  vraa 
prodigious.  Even  now,  in  the  infant  state  of  our 
manufactories,  the  importation  was  worth  two 
millions  of  dollars:  and  must  soon  bo  worth 
double  or  treble  that  sum.  For  this  groat  sup- 
ply of  an  indispensable  article,  we  were  chiefly 
indebted  to  the  jealous  rival,  and  vigilant 
enemy,  of  these  very  manufactures,  to  Great  Bri- 
tain herself.  Of  the  1,150,000  lbs.  of  indigo  im- 
ported, wo  bring  (320,000  lbs.  from  the  British 
East  Indies;  which  ore  word  from  the  British 
povemment  would  stor,  ,br  ever ;  we  bring  the 
further  quantity  of  120,000  lbs,  from  Manilla,  a 
Spanish  possession,  which  Briti.sh  influence  and 
diplomacy  could  immediately  stop :  ond  the  re- 
mainder came  from  dill'erent  parts  of  South  Ame- 
rica, and  might  be  taken  from  us  by  the  arts  of 
diplomacy,  or  by  a  monopoly  of  the  whole  on  tho 
part  of  our  rival.  /  stoppage  of  a  supply  of  in- 
digo for  one  year,  would  prostrate  all  our  manu- 
factories, and  give  them  a  bb^  from  which  they 
would  not  recover  in  many  pean.'.  Great  Britain 
could  effect  this  ctoppage  to  the  ?>  mount  of  three 
fourths  of  the  whole  quantity  hj  .  pf"  king  a  sin- 
gle word,  and  of  the  remainder  b;.'  v  light  e:;or- 
tion  of  policy,  or  the  expenditi're  o'  ■  nuin  tfi- 
tient  to  monopolize  for  one  ycir  'So  purcldie  of 
what  South  America  sent  into  the  mark'. ',. 

"  Mr.  B.  said  he  expected  .v  »mantr,i;ns  vote 
in  favor  of  bis  amendment.    Tlie  North  should 


vote  for  it  to  wcnn>  the  life  of  the  Ani-rirnn  Sv.. 
tern  ;  to  give  a  pn>of  of  their  reu'^trd  ("'  the  .S.Kiii, 
to  hhow  that  the  country  M>wth  of  -he  Pi  luin, 
m  inclu'lfil  III  the  bill  fur  mmeothi'i  piir|xi«<. ),.. 
sideH  that  of  oppression.  The  South  ilxilf.  ,i . 
though  op|K)sed  to  the  further  iiicreast  of  dnti,,, 
should  vote  for  this  duty  ;  that  tho  hill,  if  |, 
pnss»'S,  may  contain  one  provision  fnoralilr  to  it, 
interests.  The  West  hliouM  Vole  I'ur  it  tliruii.', 
(rratitiKlo  for  fifty  years  of  guardian  protirii. :, 
u'ciieniuH  defence,  and  kind  assiNtance,  wlmh  tl,,. 
.South  had  given  it  under  all  its  trials;  iiii>l  ri,r 
tho  iiurixise  of  enlarging  the  market,  incna>ii ,. 
the  demaml  in  the  South  and  its  ability  tn  pur! 
chase  the  horses,  mules,  and  provisions  whidithH 
West  ran  sell  nowhere  else.  For  himself  In.  l,,i| 
personal  reasons  for  wishing  to  do  this  little  jn.. 
tico  to  the  South,  lie  was  a  native  of  one ,( 
these  Slates  (X.  Carolina) — tho  bones  of  his  fi 
ther  and  his  grandl'athers  rested  there.  ||,r 
Senators  and  ilepresentatives  were  his  enrlv  v. 
his  hereditary  fi it'iids.  Tho  venerable  Siininr  | 
before  him  (Mr.  Macon)  had  been  the  friind  i 
him  and  his,  through  four  generations  in  j  | 
straight  line ;  tho  other  Senator  (Mr.  liinniii) 
was  his  schoolfellow  :  tho  other  branch  of  iIk 
legislature,  tho  House  of  Bepresentntives,  «lx)  j 
showed  liim  in  the  North  Carolina  delefration, 
tho  friends  of  liim  and  his  thron|.'h  sii(assi\» 
generations.  Nor  was  this  all.  Ho  felt  for  the  i 
sad  changes  which  had  taken  }>lncc  in  the  Sdntli 
in  the  last  fifty  years.  Before  the  Revolution  it  1 
was  tho  seat  of  wealth  as  well  as  of  hosiiitalitv, 
Money,  and  all  that  it  commanded,  aboiiii(k|| 
there.     But  how  now  ?    All  this  is  reversed, 

"  Wealth  hoi  <l  >[  from  the  South,  and  settWl 
in  tho  regions  lorth  of  the  Potomac,  and  tliisial 
the  midst  of  tlio  fact  that  the  South,  in  four  staplci  I 
alone,  in  'cotton,  tohacco,  rico  ond  indigo  (while  I 
indigo  was  one  of  its  staples),  had  exported  pro- 1 
duce  since  the  Revolution,  to  the  value  of  ci|:litl 
hundred  million  of  dollars,  and  tho  North  had  I 
exported  comparatively  nothing.    This  sum  was  I 
prodigious ;  it  was  nearly  equal  to  half  the  coin.  I 
age  of  the  mint  of  Mexico  since  tho  conquest  kl 
C'ortez.     It  was  twice  or  thrico  tho  amount  oil 
the  product  of  the  three  thousand  gold  and  silver  I 
mines  of  Mexico,  for  tho  same  period  of  i 
years.     Such  an  export' would  indicate  uii|arai.| 
leled  w^calth ;  but  what  was  the  fact  ?    '     '  ti  .^^ 
of  wealth,  a  universal  pressure  for  mon^    sS'i 
felt;  not  enougii  lor  current  expenses ;  i,    i  ,"f' 
of  all  property  down  ;  the  country  drc 
languishing ;  towns  and  cities  decaying  ,  ai. 
frugal  habits  of  the  people  pushed  to  the  vergtl 
of  universal  self-denial,  for  the  preservation  c 
their  family  estates.    Such  a  result  is  a  .stran^l 
and  vonderful  phenomenon.  It  calls  upon  .states.| 
r-.en  to  inquire  into  the  cause ;  and  if  they  ia-l 
quire  upon  tha  theatre  of  this  strange  mctanlO^I 
phof'  .  they  will   receive  one  universal  anwerj 
from  all  ranks  and  all  ages,  that  it  is  fedcnil 
legi.uation  which  has  worked  this  ruin.    Undal 
this  legislation  the  exports  of  the  South  han 
been  made  the  basis  of  the  federal  revenue.  Hnl 


ANNO  I«J«.    JOIIS  QIINCY  Alt.VMS  rur>ll»KNT. 


90 


i-rrntr  (xl't  niilliont  unnunlly  IcTiml  iipnn  itn- 

'urtcii  tr<xxl'*>  Ari<  ilcliii'lt'il  nut  nf  iho  |<ri<v  of 

[niroiil'Mi,  rn'«'  nii'l  ti>li«i-i-o.  i  •'  .t  hi  jIi«'  <lirni- 

nul  <l  |>rici'  wliirli  llu-y  rifi'iv        r  IIii-m'  htnpli'A 

;)  fiiivi)t»  l>ortH,  i>r  in  tlio  iiirrciiscil  priit-  which 

;!,,•»  jittv  for  tiio  »rticl('«  tlicy  have  ti>  duihiiiik' 

ii  liidiic'   Virt;i.)iiv  th.i  two  ( 'iin)lini«H  mul  <  Jwir(?i», 

uitr  'w  f^  1  lodifniy  thnw  roiirlhH  of  theaiinuitl 

,'S|icn.H'  of  Hii|>[Kjrcinf{  the  frdt-ral  (xovcriitnont ; 

,nli>fthis|{rcnt  mini  niiinuillv  fnniishfil  l>y  thciii, 

>iihintf.  or  next  to  nothinir.  is  n'tiirtud  to  thi-m 

III  iho  "impo  of  Rovcnitncnt  c<x|N'n(litiiro.     Thnt 

r\iii>iiilituru  llowH  ill  an  o|i|H>sito  (iirirtion ;    it 

ilavs  northwardly,  in  one  iiiiit'orin,  uiiintc-rriipU'il 

:,:i,|  |)i'n-nnial  Htrt'iiiii ;  it  takuH  tlic   our  '  of  irndu 

,nii i)f ''xdinnpe (  and  thin  iH  '!,<•   lOu  on  why 

iroalili  di'*opii«ftr(4  fwin  tlio  ■  i  'n  .  id  i   c.  npin 

I  the  North.     Federal  k'p   lation   'o<!.-   .  '  iiiis ;  it 

,!,its  it  hy  tho  niinple  (ir'>.  >   h  oI  ciernall;   tiikinf^ 

I  mav  from  the  South  nn  '    a'      :i;,j.  ,„»ihinp;  to 

If  it  rcturnc '  ti-  tho  Soum  tho  wi olo,  or 

I  inn  »  (?o«  '  pni"     '    ^'"it  it  oxftited,  th*  four 

MiUH  south  o<    I'u     I'otomac  iiii;;ht  ^tanii  w.c 

Liionof  this  Hysl.uj,  as  thf  cnrth  is  enuljled  to 

I  .lanil  till  oxhaustinj;  intinonco  i<f  tho  Hun's  daily 

(nut  tiy  tho  rcfrcHhinK  dews  which  aro  returned 

[10  ic  it  night ;  but  as  tho  earth  is  driu<t  up,  and 

ill  vegetation  dcHtroyed  in  rtuions  whero  the 

Ikat  \x  great,  and  no  (lows  returned,  ro  must  the 

ISjuIIi  l>o  exhausted  of  its  money  and  its  pro- 

l]«rty  by  a  course  of  legislation  which  is  for  ever 

uking  fi'Oin  it,  and  never  roturnini;  any  thing  to 

•  Every  now  tariff  increases  tho  force  of  this 
Isction.    No  taritl"  has  ever  yet  included  Virginia, 
I  the  t>vo  Carolinas,  and  Georgia,  within  its  pro- 
Ivi^ions,  except  to  increase  the  burdens  imposed 
liipon  tliem.    This  one  alone,  presents  tho  oppor- 
Itinity  to  form  an  exception,  by  reviving  and  re- 
storing the  cultivation  of  one  of  its  ancient  sta- 
liiks,— one  of  tho  sources  of  its  wealth  before  the 
Ikevolution.   Tho  tariff  of  1828  owes  this  repara- 
Ition  to  the  South,  because  the  taritf  of  1810  con- 
Itrilmtcd  to  destroy  the  cultivation  of  indigo; 
Ipiiuk  the  duty  on  the  foreign  article,  from  twenty- 
live  to  fifteen  cents  per  pound.     These  aro  the 
basons  for  imposing  the  duty  on  indigo,  now  pro- 
osc'l.    What  objections  can  possibly  bo  raised 
10 it?    Not  to  the  quality;  for  it  is  tho  same 
Jrvliicl)  laid  the  foundation  of  the  British  manu- 
cs,  and  sustn'nod  their  reputation  for  moro 
'fa  cent    .  ,  not  to  the  quantity;  for 
|u     io  C'arolmas  and  Georgia  alone  raised  as 
niicli  fifty  years  ago  as  we  now  im{)ort,  and  we 
bvc  now  the  States  of  Louisiana,  Alabama,  and 
llississippi,  and  the  Territories  of  Florida  and  Ar- 
pnsas,  to  add  to  the  countries  which  produce  it ; 
lot  to  the  amount  of  the  duty  ;  for  its  maximum 
till  be  but  fortjr  per  cent.,  only  one  half  of  the 
luty  laid  by  this  bill  on  the  cloth  it  is  to  dve  ; 
pi  that  maximum,  not  immediate,  but  attained 
Jy  slow  degrees  at  the  end  of  four  years,  in  order 
)  pivc  time  for  the  domestic  article  to  supply  the 
[lace  of  the  imported.     And  after  all,  it  is  not  a 
uty  on  the  manufacturer,  but  on  tho  wearer  of 


the  |rno<li4 ;  fn>m  alMin  ho  Irrii"",  with  ft  powl 
iiiterot  on  the  iifiif  of  ItiK  cUiHm.  all  tliitt  be  ex* 
IMii'N  in  the  pHifhase  of  iivaieriaU.  For  oiioo, 
Mild  .Mr.  Ii..  I  I  ^  «<'l  M  >innriiniiii|N  vntroit  «rUiiMi 
ill  the  tnrill'.  I  iih  u,  '  jo  rlauM>  iuttHM  bMe  (lie 
»>iiit;ulnr  and  nnpreo'deiiK'd  b'mor  nf  an  nhaiii- 
mous  voici'in  it.<f:ror.  Tlu- .*>'>"'  "mst  votr  l<>r  it, 
to  revive  the  ciiltu  ,  nn  <>f  otie  i>t  its  tttrmf  »n«'ieiit 
and  vnliinlilo  Ndiplos ;  th<-  NVe-t  mu^t  vote  f«t  It 
through  gratitude  for  past  fii\  rs — thnmph  grati- 
tinle  for  the  vole  on  hemp  lis  night*  -mid  to 
save,  enlarge,  nii  I  iiien-ase  the  market  for  ilxowii 
Iirodiirtinns  ;  the  North  must  vote  for  it  to  khow 
their  dixiiiterestedness  ;  to  give  one  iirfMif  of  JumI 
feeling  towards  the  South  ;  and,  a)K)ve  all  to 
save  their  favorite  Aniericnn  ."System  from  ltii« 
deadly  b'ow  whieh  (ireat  Britain  can  at  any  tii«>- 
nient  give  it  by  stopping  or  interrupting  the  sn|>- 
plics  of  foieiL'n  indigo;  and  the  whole  Union.  Hid 
entire  legislative  body,  must  vote  for  it,  and  vote 
for  it  with  joy  and  cnthusiii.sm.  Is'enu.w  it  is  itn- 
possible  that  .Americans  can  deny  to  sister  States 
of  tho  t'onfeileraey  what  a  Uritish  King  and  ii 
IJrI'ish  I'arliament  granted  to  these  same  States 
when  thoy  were  colonies  and  dependencies  of  the 
British  crown." 

Mr.  Ilaync,  of  South  Carolina,  seconded  my 
motion  in  a  speech  of  which  this  is  an  extract : 

"Mr.  Ilaync  snid  he  was  opposed  to  this  lii!l 
in  its  principles  as  well  us  in  its  details.  It  could 
assume  no  shape  which  would  make  it  accepta- 
ble to  him,  or  which  could  prevent  it  from  ope- 
rating most  oppressively  and  unjustly  on  his 
constituents.  With  these  views,  ho  had  deter- 
mined to  inako  no  motion  to  amend  the  bill  in 
any  respect  whatever :  but  when  such  motions 
were  made  by  others,  and  ho  was  compelled  to 
vote  on  them,  ho  knew  no  better  rule  than  to 
endeavor  to  make  tho  bill  con.sistent  with  itself. 
On  this  principle  he  had  acted  in  all  the  votes  he 
had  given  on  this  bill.  lie  had  endeavored  to 
carry  out  to  its  legitimate  consequences  what 
gentlemen  are  plea.sed  to  mi.scall  the  '  American 
.System.'  With  a  fixed  resolution  to  vote  against 
the  bill,  he  still  considered  himself  at  liberty  to 
assist  in  so  arranging  the  details  as  to  extend  to 
every  great  interest,  and  to  nil  portions  of  the 
country,  as  far  as  may  be  practicable,  equal  pro- 
tection, and  to  distribute  tho  burdens  of  the 
system  equally,  in  order  that  its  benefits  as  well 
as  its  evils  may  be  fully  tested.  On  this  prin- 
ciple, he  should  vote  for  the  amendment  of  the 
gentleman  from  Missouri,  because  it  was  in  strict 
conformity  with  all  the  principles  of  the  bill.  As 
a  southern  man.  he  would  ask  no  boon  for  tho 
.*v)uth — he  shoulil  propose  nothing;  but  he  must 
say  that  the  protection  of  indigo  rested  on  tho 
same  jirinciplcs  as  every  other  article  proposed 

•  "Tho  vote  on  liemp  tlil»  nliilit.''  In  rejecting  Mr.  Web* 
Btcr's  motion  to  strik*  .«iit  the  duty  on  Iiemp,  Rnd  s  vote  In 
whloli  tlie  South  went  unaolmnusly  with  tlie  Vi'eai.—KuU  lij 
Mr.B, 


■\      '  1 


i  ',' 


■,  ■  I 


f ' 


100 


THIRTY  YKAUS'  VIF.W. 


.1 


ti)  lie  iirotcctcd  liv  tliis  hill,  arwl  ho  <li<l  not  we 
Ikhv  piitli'iiKii  coiiM.  ciiiisi.steiitly  with  tlit-ir 
maxims,  vote  ui;iiiiist  it.  What  was  the  princijilc 
1)11  wliifh  this  hill  was  profi'ssi-dly  foiiiiiled  1  If 
tluTu  was  any  jtrinciiile  at  all  in  the  hill,  it  was 
that.  whi'in;ver  the  eoiintry  had  the  cajjaeity  to 
1/tiiiiiice  an  arlirle  wiih  which  any  irniH)rted  ar- 
tii'le  could  enter  into  competition,  the  domestic 
]iroiluct  was  to  he  protecteil  liy  n  duty.  Now. 
had  the  Soutlicrn  States  the  capacity  to  prmhice 
indifro  !  The  soil  and  (;limate  of  tho.sc  States 
were  w  ell  suitetl  to  the  culture  of  tlie  article.  At 
t"\e  ciiniinencenientof  the  Jievolntion  our  exports 
'pf  the  article  an\oimte(l  to  no  less  than  1,1(H),()()0 
lh,s.  Tiij  whole  qnantitv  now  imported  into  the 
I'nited  States  is  only  l.l'.")(),()00  Ihs. ;  so  that  the 
rapacity  of  the  coimlry  to  produce  a  sufHcient 
(|iiantity  o(  iuflifro  to  supply  the  wants  of  tlie 
manufacturers  is  unrpiestionahle.  It  is  true  tliat 
the  quantity  now  jjroiluced  in  the  country  is  not 
preat. 

•■  In  1818  only  700  Ihs.  of  domestic  indigo  were 
cxpfirted. 

••In  1825        0,055  do. 

'•In  1820        5.280  do. 

••  This  j)rovcs  that  the  attention  of  the  country 
is  now  directed  to  the  .suhject.  The  senator  from 
Indiana,  in  some  remarks  wliich  he  made  on  this 
suhject  yesterday,  staled  that,  according  to  tlie 
)irinciples  of  tlic  American  System  (.so  called), 
jinitection  was  not  extended  to  any  article  which 
the  country  was  not  in  the  hahit  of  exportinpf. 
Tills  is  entirely  a  mistake.  Of  the  articles  pro- 
trcfod  l)y  the  tariff  of  1824,  as  well  as  tho,se  in- 
cluded in  tliis  Vjill,  very  few  are  exported  at  all. 
Anioiif:  these  are  iron,  woollens,  hemp,  flax,  and 
.Hveral  otlicrs.  jf  indigo  is  to  be  protected  at  all, 
the  duties  proposed  must  surely  be  considered 
extremely  reasonable,  the  maximum  propo.sed 
heinq  much  below  that  imposed  by  this  bill  on 
wool,  woollens,  and  other  articles.  The  duty  on 
indigo  till  1810,  was  25  cents  per  pound.  It  was 
then  (in  favor  of  the  manufacturers)  reduced  to 
lo  cent.s.  The  iirst  increa.so  of  duty  proposed 
here,  is  only  to  put  back  the  old  duty  of  25  cents 
j)(T  jiound,  equal  to  an  ad  valorem  duty  of  from 
10  to  15  per  cent. — and  tlie  maximum  is  only 
from  40  to  58  per  cent,  ad  valorem,  and  that  will 
not  accrue  for  .several  years  to  come.  "With  this 
statement  of  fact.s,  Mr.  II,  said  he  would  leave 
the  question  in  the  hands  of  those  gentlemen 
who  were  engaged  in  giving  this  bill  the  form  in 
which  it  is  to  be  .submitted  to  tlic  linal  decision 
of  the  Senate." 

The  proposition  for  this  duty  on  imported  indigo 
did  not  prevail.  In  lion  of  the  amount  propcsed, 
and  which  was  less  than  any  jirotectivo  duty  in 
the  bill,  the  friends  of  the  "American  System" 
(constituting  a  majoritir  of  the  Senate)  substi- 
tuted a  nominal  duty  of  live  cents  on  the  pound 
—to  bo  increased  five  cents  annually  for  ten 
years — and  to  remain  at  fifty.    This  was  only 


ahiHit  twenty  per  centum  on  tiic  cost  of  the  »•, 
ticlr.  and  that  only  to  he  attained  after  a  pr, 
gR'ssion  of  ten  years  ;  while  all  other  dutiis  m 
the  bill  were  from  four  to  ten  times  that  amounr 
— and  to  take  clfect  immediately,  A  duty  s, 
contemptible,  so  out  of  proportion  to  the  other 
provision,^  of  the  bill,  and  doled  out  in  such  niL<. 
erablc  drops,  was  a  mockery  and  insult ;  and  w 
viewed  by  the  southern  members.  It  increascil 
the  odiousncss  of  the  bill,  by  showing  that  tlit 
soutliern  section  of  the  Union  was  only  incliicKj 
in  the  "  American  System  "  for  its  burdens  anl 
not  for  its  benefits.  Mr.  McDuffle,  in  the  House 
of  Representatives,  inveighed  bitterly  again.st  it, 
and  spoke  the  general  feeling  of  the  Southcm 
States  when  he  said : 

"  Sir,  if  the  union  of  these  States  shall  ever  Ij? 
severed,  and  their  liberties  subverted,  the  liisti> 
rian  who  records  these  disasters  will  have  to  n,. 
cribc  them  to  mca-sures  of  this  description.    I  di, 
sincerely  believe  that  neither  this  government 
nor  any  free  government,  can  exist  for  a  quarter 
of  a  century,  under  such  a  system  of  legislation. 
Its  inevitable  tendency  is  to  corrupt,  not  only  the 
public  functionaries,  but  all  those  portions  of  tin 
Union  and  classes  of  society  who  have  an  inttre,«t, 
real  or  imaginary,  in  the  bounties  it  provides,  !iy 
taxing  other  sections  and  other  classes.    What. 
sir,  is  the  essential  characteristic  of  a  freeman,' 
It  is  that  independence  which  results  from  an 
habitual  reliance  upon  his  own  resources  and  his 
own  labor  for  his  support.     He  is  not  in  fact  a  I 
freeman,  who  habitually  looks  to  the  government 
for  pecuniary  bounties.     And  I  confess  that  no- 1 
thing  in  tiie  conduct  of  those  who  are  the  prorai- 
ntnt  .advocates  of  this  system,  has  excited  more  I 
apprehension  and  alarm  in  my  mind,  than  the 
constant  efforts  made  by  all  of  them,  from  the 
Secretary  of  the  Treasury  down  to  the  humblest 
coadjutor,  to  impress  upon  the  public  mind,  the 
idea    that    national    prosperity  and    individual  | 
wealth  are  to  be  derived,  not  from  individual  in- 
dustry and  economy,  but  from  government  boiin- 1 
ties.     An  idea  more  fatal  to  liberty  could  not  k 
inculcated.    I  said,  on  another  occasion,  that  the 
days  of  Roman  liberty  were  numbered  when  the  I 
people  consented  to  receive  bread  from  the  ]i\]\yl 
lie  granaries.    From  that  moment  it  was  not  the  I 
patriot  who  had  shown  the  greatest  capacity  anJ  I 
made  the  greatest  sacrifices  to  serve  the  republic.  | 
but  the  demagogue  who  would  promise  to  riis- 
tribute  most  profusely  the  spoils  of  the  plunded  I 
provinces,  that  was  elevated  to  office  by  a  degen- 1 
erate  and  mercenary  populace.    Every  thing  be- 1 
canio  venal,  even  in  the  country  of  Fabricius.  un- 1 
til  linally  the  empire  itself  was  sold  at  publkl 
auction  1    And  what,  sir,  is  the  nature  and  ten- 1 
dency  of  the  system  we  are  discussing  ?   It  bearil 
an  analogy,  but  too  lamentably  striking,  to  thslj 
which  corrupted  the  republican  purity  of  ihil 


ANNO  1828.    JOHN  Ql'INCV  ADAM.~».  PRIMDF.NT. 


H'l 


lloman  people.     (Jixl  forhid  tlint  it  .shoulil  con- 
suiimiiite  its  tn    'iiph  over  llie  piililie  lilierty,  \>y 
a  similar  cata.stroi)he,  tlioiiL'h   even    tli;it   is  an 
ivint  t>y  no  mcan.s  iinprohalile,  if  wo  rontmue  ti> 
loi^slatc  periodically  in  this  way,  ftn<l  to  coniu'i't 
the  flection  of  our  Chief  Mapistriite  with   the 
question  of  dividing  out  the  spiils  of  certain 
States— <lepTadcd  into  Itoman  provinces — nmon}; 
thf  influential  capitalists  of  the  other  States  of 
this  Union !     Sir,  when  I  consifler  that,  by  a 
sini^Io  act  like  the  present,  from  five  to  ten  niil- 
liun.s  of  dollars  may  be  transferre<l  annnally  from 
one  part  of  the  conimnnity  to  another ;  when  I 
omsider  the  disgui.sc  of  disinterested  patriotism 
under  which  tho  basest  and  most  profiigntc  am- 
bition may  perpetrate  such  an  act  of  injustice 
and  [Mlitical  prostitution,  I  cannot  hesitate,  for  a 
moment,  to  pronounce  this  very  system  of  indi- 
rrtt  bounties,  tho  most  stupendous  instrument 
nf  corruption  ever  placed  in  the  hands  of  public 
I'linetionaries.    It  brings  ambition  and  avarice 
and  wealth  into  a  combination,  which  it  is  fearful 
to  contemplate,  because  it  is  almost  impcssible  to 
resist.    Do  we  not  perceive,  at  this  very  moment, 
the  extraordinary  and  melancholy  spectacle  of 
less  than  one  hundred  thousand  capitalists,  by 
means  of  this  unhallowed  combination,  exercising 
an  ab.solute  and  despotic  control  over  tho  opin- 
ions of  eight  millions  of  free  citizens,  and  the 
fortunes  and  destinies  of  ten  millions  ?    Sir,  I 
will  not  anticipate  or  forebode  evil.    I  will  not 
permit  myself  to  believe  that  the  Presidency  of 
1  the  United  States  will  ever  be  bought  and  sold, 
liy  this  system  of  bounties  and  prohibitions.   But 
1  must  say  that  there  are  certain  quarter?  of  this 
Union  in  which,  if  a  candidate  for  the  Presidency 
were  to  come  forward  with  the  Ilarrisburg  tariff 
in  his  hand,  nothing  could  resist  his  pretensions, 
if  his  adversary  were  opposed  to  this  unjust  sys- 
1  tem  of  oppression.    Yes,  sir,  that  bill  would  be 
a  talisman  which  would  give  a  charmed  existence 
I  to  the  candidate  who  would  pledge  himself  to 
support  it.    And  although  he  were  covered  with 
all  the  "  multipl)'ing  villanies  of  nature,"  the 
most  immaculate  patriot  and  profoimd  statesnma 
I  in  the  nation  could  hold  no  competition  with  him, 
I  if  he  should  refuse  to  grunt  this  new  species  of 
1  imperial  donative." 

Allusions  were  constantly  made  to  tho  combi- 
I  nation  of  manufacturing  capitalists  and  poli- 
I  ticians  in  pressing  this  bill.  There  was  evidcnt- 
l.y  foundation  for  the  imputation.  The  scheme 
I  of  it  had  been  conceived  in  a  convention  of  man- 
lufacturcrs  in  tho  State  of  PeniLsylvanio,  and  had 
|t)een  taken  up  by  politicians,  and  was  pushed  as 
la  party  measure,  and  with  the  visible  purpose 
lof  influencing  tho  presidential  election.  In  fact 
■these  tariff  bills,  each  exceeding  the  other  in  its 
degree  of  protection,  had  become  a  regular  ap- 
bendago  of  our  presidential  elections — coming 
■round  in  every  cycle  of  four  years,  with  that  re- 


turning event.    Tho  year  IHIC  w«.s  the  startini; 
point:   iS'Jd,  and    l.'i'Jl,  iiiid   nmv    ISlN,  Imvin; 
siia-essivfly  niiuwed  llu-  nic;isure,  with  MU-i-e-- 
sive  augnuntiitions  of  dutiis.     The  South   b- 
lieved  itself  impoverished  to  enrirh  the   North 
by  this   sj'stem ;   and  ceftaiuly  a  sin;ziil:\r  iiud 
unexjKTtiKl  result  had  been  seen  in  these  t\vi> 
sections.      In   tho   colonial  state,  the  Soutlurii 
were  the  rich  jjart  of  the  colonics,  and  evjiecti'd 
to  do  well  in  a  state  of  independence.    They  li;i  1 
the  exports,  and  felt  secure  of  their  inosperity : 
not  so  of  the  North,  whose  agricidtunil  re.-io\ircos 
were  few,  ami  who  expected  privations  from  tin- 
loss  of  British  fuNOr.     But  in  tho  first  half  cen- 
tury after    Independence   this  expectation  was 
rever.sed.    The  wealth  of  the  North  was  enor- 
mously aggrandized :  that  of  the  South  had  do- 
clincd.    Northern  towns  had  become  great  cities : 
Southern  cities  had  decayed,  or  become  station- 
ary ;  and  Charleston,  tho  principal  port  of  tlio 
South,  was  less  considerable  than  before  tho 
Revolution.     Tho  North  became  a  money-lend'  r 
to  the  South,  and  southern  citizens  made  pil- 
grimages to  northern  cities,  to  raise  money  upon 
the  hypothecation  of  their  patiimonial  estates. 
And  this  in  tho  face  of  a  southern  export  since 
tho  Revolution  to  the  value  of  eight  hundred 
millions  of  dollars ! — a  sum  e((ual  to  tho  product 
of  the  Mexican  mines  since  the  days  of  Cortex  I 
and  twice  or  thrice  the  amount  of  their  product 
in  the  same  fifty  years.    The  Southern  States 
attributed  this  result  to  the  action  of  the  federal 
government — its  double  action  of  levying  reve- 
nue upon  tho  industry  of  one  section  of  the 
Union  and  expending  it  in  another — and  espe- 
cially to  its  protective  tarifl's.     To  some  degree 
this  attribution  was  just,  but  not  to  the  degree 
assumed ;  which  is  evident  from  the  fact  that  tho 
protective  system  had  then  only  been  in  force  for 
a  short  time — since  tho  year  181G ;  and  the  re- 
versed condition  of  tho  two  sections  of  tho  Union 
had  commenced  before  that  time.    Other  causes 
must  have  had  some  effect :  but  for  the  present 
wo  look  to  the  protective  system ;  and,  without 
admitting  it  to  have  done  all  the  mischief  of 
which  tho  South  complained,  it   had  yet  done 
enough  to  causo  it  to  be  condemned  by  every 
friend  to  equal  justice  among  the  States — 113' 
every  friend  to  the  harmony  and  stability  of  tho 
Union— by  all  who  detested  sectional  legislation 
— by  every  enemy  to  tho  mischievous  combina- 
tion of  partisan  politics  with  national  legislation. 


>;;'    ■»' 


'■'>'': 


J  02 


THIRTY  YEARS'  VIEW. 


And  lliis  was  the  fetliiij;  witli  tlie  mass  of  the 
democratic  members  wlio  voted  for  the  tariff  of 
1S'2H,  and  who  were  determined  to  act  upon  that 
fi-eling  iii)oii  tlie  ovcrliirow  of  the  jwhtical  party 
which  advocated  the  protective  pystem;  and 
whicii  overthrow  they  believed  to  be  certain  at 
tlio  ensuing  presidential  election. 


CIIAPTEll    XXXV. 

THE  ruBi.icLANDs-Tiinin  rnoPKi:  nisrosmoN 

— GIIADUATKI)  IM;l(i;S-l'i:E-E.Ml'T10>f  KIGllTS— 
DONATIONS  TO  SKTTLEliS. 

AiiouT  the  year  1785  the  celebrated  Edmund 
IJurke  brought  a  bill  into  the  British  House  of 
Commons  for  the  sale  of  the  crown  lands,  in 
which  he  laid  down  principles  in  political  econ- 
omy, in  relation  to  such  property,  profoundly 
sagacious  in  themselves,  applicable  to  all  sove- 
reign landed  possessions,  whether  of  kings  or 
republics — applicable  in  all  countries — and  no- 
where more  applicable  and  less  known  or  ob- 
served, than  in  the  United  States.  In  the  course 
of  the  speech  in  support  of  his  bill  he  said : 

'•  Lands  sell  at  the  currenc  rate,  and  nothing 
can  sell  for  more.  But  be  the  price  what  it  may, 
a  great  object  is  always  answered,  whenever  any 
jiroperty  is  transferred  from  hands  whicli  are  not 
lit  for  that  property,  to  those  that  are.  The 
buyer  and  the  seller  must  mutually  profit  by 
such  a  bargain ;  and,  what  rarely  happens  in 
matters  of  revenue,  the  relief  of  the  subject  will 
go  hand  in  hand  with  the  profit  of  the  Exchequer. 
*  *  *  The  revenue  to  be  derived  from  the 
sale  of  the  forest  lands  will  not  be  so  considera- 
ble as  many  have  imagined ;  and  I  conceive  it 
would  be  unwise  to  screw  it  up  to  the  utmost, 
or  even  to  suffer  bidders  to  enhance,  according 
to  their  eagerness,  the  purchase  of  objects, 
\vhereiii  the  expense  of  that  purchase  may 
weaken  the  capital  to  be  employed  in  their  culti- 
vation. *  *  *  The  principal  revenue  which  I 
propose  to  draw  from  these  uncultivated  wastes, 
is  to  spring  from  the  improvement  and  popula- 
tion of  the  kingdom;  events  infinitely  more 
advantageous  to  the  revenues  of  the  crown  than 
the  rents  of  the  best  landed  estate  which  it  can 
liold.  *  *  *  It  is  thus  I  would  dispose  of  the 
unprofitable  landed  estates  of  the  crown :  throw 
them  into  the  moss  of  private  property:  by 
which  they  will  come,  through  the  course  of  cir- 
culation and  through  the  jwlitical  secretions  of 
the  Slate,  into  well-regulated  revenue.    "♦    *    ♦ 


Thus  would  fall  an  expensive  agency,  with »;; 
the  influence  which  attends  it." 

I  do  not  know  how  old,  or  rather,  how  youn; 
I  was,  when  I  first  took  up  the  notion  that  sak-s 
of  land  by  a  government  to  its  own  citizens,  ani 
to  the  highest  bidder,  was  false  policy ;  and  that 
gratuitous  grants  to  actual  settlers  was  the  triiu 
policy,  and  their  labor  the  true  way  of  extnu-.. 
ing  national  wealth  and  strength  from  the  uoil, 
It  might  have  been  in  childhood,  when  readiii" 
the  Bible,  and  seeing  the  division  of  the  prom- 
ised land  among  the  children  of  Israel :  it  might 
have  been  later,  and  in  learning  the  operation  of 
the  feudal  system  in  giving  lands  to  those  wlio 
would  defend  them :  it  might  hare  been  in  carlv 
life  in  Tennessee,  in  seeing  the  fortunes  and  re- 
spectability of  many  families  derived  from  tin 
640  acre  head-rights  which  the  State  of  North 
Carolina  had  bestowed  upon  the  first  settlers, 
It  was  certainly  before  I  had  read  the  speech  of 
Burke  from  which  the  extract  above  is  taken; 
for  I  did  not  sec  that  speech  until  182G ;  anj 
seventeen  years  before  that  time,  when  a  very 
young  member  of   the  General  Assembly  of 
Tennessee,  I  was  fully  imbued  with  the  doctrine 
of  donations  to  settlers,  and  acted  upon  the  prin- 1 
ciple  that  was  in  me,  as  far  as  the  case  admitted, 
in  advocating  the  pre-emption  claims  of  the  set- 
tlers on  Big  and  Little  Pigeon,  French  Broad,  I 
and  Nolichucky.    And  when  I  came  to  the  thcu  | 
Territory  of  Missouri  in  1815,  and  saw  land  ex- 
posed to  sale  to  the  highest  bidder,  and  leid  I 
mines  and  salt  springs  reserved  from  sale,  and 
rented  out  for  the  profit  of  the  fbderal  treasury, 
I  felt  repugnance  to  the  whole  system,  and  4- 1 
termined  to  make  war  upon  it  whenever  I  should  [ 
have  the  power.    The  time  came  round  with  my 
election  to  the  Senate  of  the  United  States  in 
1820 :  and  the  years  1824,  '26,  and  '28,  found 
mo  doing  battle  for  an  ameliorated  system  ot 
disposing  of  our  public  lands;  and  with  some 
success.     The  pre-emption  system  was  cstab-l 
lished,  though  at  first  the  pre-emption  claimant 
was  stigmatized  as  a  trespasser,  and  repulsed  as 
a  criminal ;   the  reserved  lead  mines  and  salt  I 
springs,  in  the  State  of  Missouri,  were  broughl  I 
into  market,  like  other  lands ;  iron  ore  lands,  in  [ 
tended  to  have  been  withheld  from  sale,  wert  I 
rescued  from  that  fate,  and  brought  into  market  | 
Still  the  two  repulsive  features  of  the  federal 
land  system — sales  to  the  highest  bidder,  and! 
donations  to  no  one — with  an  arbitrary  mininiira  I 


)crennial,  and  the  ini 


AXXO  1828.    JOHN  QUlNCi'  ADA5IS,  rilK.-ilDEXT. 


103 


r^ioc  which  placed  tlic  cost  of  all  lands,  go*Ml , 
tnri  bud,  at  tho  samo  uniform  rate  (artor  the  , 
auctions  were  over),  at  one  dollar  twi-nty-flve 
„,i;s  i)cr  acre.  I  resolved  to  move  against  the 
ffiiole  system,  and  especially  in  favor  of  grmlu- ! 
jti'4  prices,  and  donations  to  actual  and  destitute  , 
PottltTs.  I  did  so  in  a  bill,  renewed  annually 
f  ,r  a  hn<i  time ;  and  in  speeches  which  had  more 
clfect  upon  tho  public  mind  than  upon  tho  fed- 
eral legislation — counteracted  as  my  plan  was 
liv  ichtmcs  of  dividing  tho  public  lands,  or  tho 
money  arising  from  their  sale,  among  tho  States. 
]t  was  in  support  of  ono  of  these  bills  that  I 
produced  the  authority  of  Burke  in  the  extract 
(juotcd ;  and  no  ono  took  its  spirit  ond  letter 
more  promptly  and  entirely  than  President 
Jackson.  IIo  adopted  tho  principle  fully,  and 
iu  one  of  his  annual  messages  to  Congress  recom- 
mended that,  as  soon  as  tho  public  (revolution- 
ary) debt  should  be  discharged  (to  the  payment 
of  which  tho  lands  ceded  by  tho  States  were 
pledged),  that  they  should  ceasb  to  bb  a  sub- 
Lect  of  revenue,  and  be  disposed  of  chiefly 
tith  a  view  to  settlement  and  cultivation. 
His  terras  of  service  expired  soon  after  tho  ex- 
I  tinction  of  the  debt,  so  that  he  had  not  an  oppor- 
I  tunity  to  carry  out  his  wise  and  beneficent  design. 

Mr.  Burke  considered  tho  revenue  derived 
I  from  the  sale  of  crown  lands  as  a  trifle,  and  of 
I  no  account,  compared  to  tho  amount  of  revenue 
Idcrivable  from  the  same  lands  through  their 
iMttlement  and  cultivation.  lie  was  profoundly 
Iright!  and  provably  so,  both  upon  reason  and 
■(xpcricncc.  The  sale  of  tho  land  is  a  single 
■operation.  Some  money  is  received,  and  the 
Icultivation  is  disabled  •  to  that  extent  from  its 
|improvement  and  cultivation.    ITie  cultivation  is 

lercnnial,  and  the  improved  condition  of  the 
Ifarraer  enables  him  to  pay  taxes,  and  consume 
■dutiable  goods,  and  to  sell  the  products  which 
[command  the  imports  wliich  pay  duties  to  tho 

flvernment,  and  this  is  tho  "well-regulated 
kevcnuc"  which  comes  through  the  course  of  cir- 
fulation,  and  through  the  "  political  secretions" 
pf  the  State,  and  which  Mr.  Burke  commends 
pove  all  revenue  derived  from  tho  sale  of  lands. 

Does  any  one  know  the  comparative  amount  of 

■evenuc  derived  respectively  from  tho  sales  and 
from  the  cultivation  of  lands  in  any  one  of  our 

pw  States  where  the  federal  governmeut  was  the 

froprietor,  and  the  auctioneercr,  of  the  lands  ? 

nd  can  he  tell  which  mode  of  raising  money  has 


Ijccn  most  pro<liictivc  ?  Take  Alabama,  for  ex- 
amfile.  IIow  mucli  has  the  trvasury  receivtKj  for 
lands  sold  within  her  limits  7  and  how  much  in 
duties  paid  on  imimrts  purchased  with  the  ex- 
imrtH  derived  from  her  soil  ?  I'erfect  exactitude 
cannot  bo  attaine<l  in  the  aaswir,  but  exact 
enough  to  know  tha*  the  latter  already  exc<.'e<la 
the  fonuer  several  times,  ten  times  over ;  and  is 
perennial  and  incrca.sing  forever!  while  the  sale 
of  the  land  has  been  a  single  operation,  i)erforincd 
once,  and  not  to  be  repeated ;  and  disabling  tho 
cultivator  by  the  loss  of  the  money  it  took  from 
him.  Taken  on  a  large  scale,  and  applied  to  the 
whole  United  States,  and  tho  answer  beconies 
more  definite— but  still  not  entirely  exact.  The 
whole  annual  receipts  from  land  sales  at  this 
time  (1850)  arc  about  two  millions  of  dollars :  the 
annual  receipts  from  customs,  founded  almost  en- 
tirely upon  tho  direct  or  indirect  productions  of 
the  earth,  exceed  fifty  millions  of  dollars !  giving 
a  comparative  difference  of  twenty-five  to  one 
for  cultivation  over  sales;  and  triumphantly 
sustaining  Mr.  Burke's  theory.  I  have  looked 
into  the  respective  amounts  of  federal  revenue, 
received  into  the  treasury  from  these  two  sources, 
since  the  establishment  of  the  federal  government; 
and  find  the  customs  to  have  yielded,  in  that 
time,  a  fraction  over  one  thousand  millions  of 
dollars  net — tho  lands  to  have  yielded  a  little  less 
thon  one  hundred  and  thirty  millions  gross,  not 
forty  millions  clear  after  paying  all  expenses  of 
surveys,  sales  and  management.  This  is  a  dif- 
ference of  twcnty-fivo  to  one— with  the  further 
difference  of  endless  future  production  from  one, 
and  no  future  production  from  the  land  once 
sold ;  that  is  to  say,  tho  same  acre  of  land  is 
paying  for  ever  through  cultivation,  and  pays 
but  once  for  itself  in  ptirchase. 

Thus  far  I  haye  considered  Mr.  Burke's  theory 
only  under  ono  of  its  aspects — the  revenue  as- 
pect: he  presents  onother— thitof  population— 
and  here  all  measure  of  comparison  ceases.  Tho 
sale  of  land  brings  no  people :  cultivation  pro- 
duces population :  and  people  arc  tho  true  wealth 
and  strength  of  nations.  These  various  views 
were  i>rc8cnted,  and  often  enforced,  in  the  course 
of  the  several  speeches  which  I  made  in  support 
of  my  graduation  and  donation  bills :  and,  on 
tho  point  of  population,  and  of  freeholders, 
against  tenants,  I  gave  utterance  to  these  senti« 
ments: 

"  Tenantry  is  unfavorable  to  freedom.    It  lays 


104 


THIRTY  YF.ARV  VIEW. 


the  foundation  for  (<t'|inriitc  ohUth  in  socifty, 
uniiihiiatfs  tlic  love  of  country,  ami  wiaki-ns  the 
Rjiirit  of  indejR'ndence.  Tiic  famiin;;  tenant  has, 
in  fftct,  no  rountry,  no  hearth,  no  doniestiir  altar, 
no  hoii.Heholil  f-^od.  ''he  freehoifier.  on  tlie  ron- 
trary,  is  llie  natural  suiijKirter  of  a  free  f;overn- 
nien't ;  and  it  (<hoii!d  l)e  the  jiolicy  of  repiihlies 
to  niiilti|i!y  tJieir  freeliolderH.  as  it  is  t)ie  policy 
of  monarchies  to  iniiltii)!y  tenants.  Wo  are  a 
reiiidiiie,  an<l  we  wish  to  continue  so:  then 
nniltii)ly  the  class  of  freehojilers;  pa.ss  the  public 
lands  cheaply  and  easily  into  the  hands  of  the 
|)eople  ;  sell,  for  a  reasonable  jiricc,  to  those  who 
are  able  to  pay ;  and  jrive,  without  price,  to  those 
who  are  not.  1  .s.-iy  f^ive,  without  i)nce,  to  those 
who  arc  not  oble  to  j-ay ;  and  that  which  is  so 
pivcn,  I  consider  as  sold  for  the  best  of  i)rices ; 
for  a  price  above  pold  and  silver ;  a  price  which 
cannot  bo  carriecl  away  by  delinquent  officers, 
nor  lost  in  failinfj  banks,  nor  stolen  by  thieves, 
nor  squandered  by  an  improvident  ami  extrava- 
gant administration.  It  brings  a  price  aljove 
rubies — a  rocc  of  virtuou.s  and  independent  la- 
borers, the  true  supporters  of  their  country, 
and  the  stock  from  which  its  best  defenders  must 
be  drawn. 

•■  ■  What  constitutes  h  Stale  r 

Not  liii^h-rals'il  biittlciiient«,  nor  labored  mmind, 

Thick  wall,  nor  niuatcd  gato ; 

Nor  clilen  proucl,  with  »plr«8  and  turrets  crowiiM, 

Nor  Blarr'd  and  spangled  court*, 

W  hero  low-born  baseness  wafts  perfume  to  pride : 

Itut  MKN  I  high-niindod  men, 

Who  their  dntitu  know,  but  icnow  tiifir  iiinuTS, 

And,  knowing,  c/ur«  iniilutaln  tbeiii.' " 

In  favor  of  low  prices,  and  donations,  I  quot- 
ed the  example  and  condition  of  the  Atlantic 
States  of  this  Union — all  settled  under  liberal 
systems  of  land  distribution  which  dispensed 
almost  (or  altogether  in  many  instances)  with 
sales  for  money.    I  said : 

"These  Atlantic  Stales  were  donations  from 
the  British  crown ;  and  the  (?reat  proprietors  dis- 
tributed out  their  possessions  with  a  free  and 
generous  hand.  A  few  shillings  for  a  hundred 
acres,  a  nominal  quitrcnt,  and  gifts  of  a  hun- 
dred, five  hundred,  and  a  thousand  acres,  to  ac- 
tual settlers:  such  were  the  terms  on  which 
they  dealt  out  the  soil  which  is  now  covered  by 
a  nation  of  freemen.  Provinces,  which  now 
form  sovereign  States,  were  sold  from  hand  to 
hand,  for  a  less  sum  than  the  federal  govern- 
ment now  demands  for  an  area  of  two  miles 
square.  I  could  name  instances.  I  could  name 
the  State  of  Maine — a  name,  for  more  reasons 
than  one,  familiar  and  agreeable  to  Missouri, 
and  whoso  pristine  territory  was  sold  by  Sir 
Ferdinando  Gorges  to  the  proprietors  of  the 
JIassachusctta  Bay,  for  twelve  hundred  pounds, 
provincial  money.  And  well  it  was  for  Maine 
tliat  she  was  so  sold ;  well  it  was  for  her  that 
the  mouern  policy  of  waiting  for  the  rise,  and 


sticking  at  a  minimum  of  §1  25,  w.ts  not  tic, 
in  vogue,  or  else  Maine  would  liave  Ix-cn  n  dcv  n 
now.  Instead  of  a  numerous,  intclligmt,  ^^j 
virtuous  population,  we  should  have  hitd  tnis  a: ' 
wilfl  Ix'nsls.  My  resj)ectable  friend,  the  H-nx„- 
from  that  State  (Uen.  Chandler),  would  r  • 
liave  Ix-en  here  to  watch  so  steadily  the  inter  ,• 
of  the  public,  and  to  oppose  the  bills  whifi,  | 
bring  in  for  the  relief  of  the  land  claimants.  .\. ,: 
I  mention  this  to  have  an  ojiportunity  u,  ' 
justice  to  the  integrity  of  his  heart,  anil  to  t: , 
soundness  of  his  understanding — qualitios  ;;, 
which  he  is  excelled  by  no  senator — and  to  d 
press  my  belief  that  we  will  come  togt-lliLr  np. ., 
tho  final  passage  of  this  bill :  for  the  ciiniinai 
points  in  our  policy  are  the  same — ccononiv  jr, 
the  public  expenditures,  and  the  prompt  v\iw. 
tion  of  the  public  debt.  I  say,  well  it  was  f(,. 
iMaine  that  she  was  sold  for  the  federal  pntj 
of  four  sections  of  Alabama  pine,  Louisiana  1 
swamp,  or  Missouri  prairie.  Well  it  was  fn. 
every  State  in  this  Union,  that  their  poll  ^ai 
sold  for  a  song,  or  given  as  a  gift  to  whonisotvtr  I 
would  take  it.  Happy  for  them,  and  for  th« 
liberty  of  the  human  race,  that  the  kinj^s  of 
England  and  tlie  "  Lords  Proprietors,"  did  r.jt 
conceive  the  luminou.i  idea  of  waiting  for  the  li.,. 
and  sticking  to  a  JttinjmMni  of  ^1  25  per  acre! 
Happy  for  Kentucky,  Tennessee,  and  Ohio,  tlut 
they  were  settled  under  SfaleSj  and  not  under  I 
tho  federal  government.  To  this  happy  cxomp. 
tion  they  owe  their  present  greatness  and  pros- 
perity. When  they  were  settled,  the  State  laws 
prevailed  in  the  acquisition  of  lands ;  and  dona- 
tions, pre-emptions,  and  settlement  rights,  and 
sales  at  two  cents  the  acre,  were  the  order  of  the 
day.  I  include  Ohio,  and  I  do  it  with  a  know- 
ledge of  what  I  say :  for  ten  millions  of  her  soil, 
— that  which  now  constitutes  her  chief  wealth  and 
strength, — were  settled  upon  the  libe:  a'  princi- 
ples which  I  mention.  The  federal  system  only  I 
fell  upon  fifteen  millions  of  her  soil ;  and,  of  that 
quantity,  the  one  half  now  lies  waste  and  uscks. 
paying  no  tax  to  the  State,  yielding  nothing  to 
agriculture,  desert  spots  in  the  midst  of  a  smilin;  I 
garden,  "waiting  for  the  rise,"  and  exhibiting, in  I 
high  and  bold  relk'f,  tho  miserable  folly  of  prfr 
scribing  an  arbitrary  minimum  upon  that  article 
which  is  the  gift  of  God  to  man,  and  which  no  1 
parental  government  has  ever  attempted  to  con- 
vert into  a  source  of  revenue  and  an  article  of  i 
merchandise." 

Against  the  policy  of  holding  up  refuse  lands  i 
untji  they  should  rise  to  the  price  of  good  land 
and  against  the  reservation  of  saline  and  mineral 
lands,  and  making  money  by  boiling  salt  water, 
and  digging  lead  ore,  or  holding  a  body  of  tenantry 
to  boil  and  dig,  I  delivered  these  sentiments : 

"  I  do  trust  and  believe,  Mr.  President,  tliat  I 
the  Executive  of  this  free  government  will  not 
be  second  to  George  the  Third  in  patriotism,  nor 
an  American  Congress  prove  itself  inferior  ton 


Bnti-h  Parliament 
ir-i.t  and  U'lieve  tha 
c,;:  iii>  land  for  the 
P  vtiuie  out  of  the 
jni  a'liting  lead   mi 
ljnk>.  with  all  its  trt 
a\  military  agcnt.s,  w 
|i.;n'il.    1  tru,st  that 
Lnvi'tlie  subject  a  pla( 
j,,:il  the  aid  of  his  rec( 
I  ( !  fo  great  an  olyec 
|o,[ifcially.  should  fix 
IfRs^,    They  arc  a  rc| 
I  lie  live.    National  mil 
Idiitateof  i)riidenee,  Jy 
licunoiny,  and   by  the 
Itwryage  and  countr}' 
Jin  that  business.      T 
lirnmciit,  created  for 
\f.  pjnc  to  work  amoi 
ijK.r  Louisiana,  to  give 
Cloiibt.  of  the  celebrate) 
wjohn  Law.    For  tl 
Lre  nor  less  than  a  j 
lilt  of  the    same  ide 
President,   upon    the 
Imoii?  the  same  hole 
f  lie's  men  in  1720;  a 
Iroken  picks,  and  mot 
Mbratcd  projector,  is 
low  at  work ;  and,  thai 
e  wanting  to  complete 
^ertnking.  the  task  of 
lorn  these  operations, 
Jreminj,  but  to  the  l\ 
\  "Salines  and  salt  spri 
■ine  system — reserved : 
purjiose  of  raising 
Jyself  that  I  see  the  em 
rstsm.    The  debate  v 
leks  ago  on  the  bill  to 
m  salt,  is  every  won 
1  ivhich  I  have  introdt 
fecrved  salt  springs, 
Urdingly,  and  shall  ej 
Ic  advocates  for  the  r 
Icr  the  bill  for  the  sale 
It  to  the  vote." 

lArgument  and  sarcasn 
lion  to  the  mineral  and 
pte  in  which  I  lived- 
1  act  was  passed  in  li 
I  mass  of  private  propt 
Icr  public  lands.  An 
liment,  in  that  State,  go 
profitable  pursuit;  an 
Jeholders  instead  of  fed 
Ibly  R'ere  developed  in  ( 
)pursuits  of  private  ind 
1  stagnated  in  the  han( 
lants.    But  it  was  co 


ANNO  1828.    JOHN  QUIXCY  ADAMS,  I'RF^inKNT. 


103 


ifuse  laii'ii 
good  land 
ud  mineral 
salt  water, 
of  tenantn  | 
ments : 

bident,  that  I 

lit  will  not  I 

iotisin,  nor 

ifuriortoi 


Enii-*'  rftriiatni-nt   in   politinnl  wisdom.    I  do 

If.;.!  and  iK'lieve  that  this  whole  system  of  holil- 

,  |.,j,  lip  land  for  the  ri.se,  endeavoring  to  make 

pieiiiie  out  of  tlie  soil  of  the  country,  lca.«inp 

L^l  aiitiiii?  h'ad  min^.s,  salt  springs,  and  iron 

iiinks  with  all  it.s  train  of  penal  laws  and  civil 

a:il  inilit-'H'y  agents,  will  Ijc  condemned  an<l  abol- 

i,;K"l.    1  trust  that  the  President   himself  will 

fivi'  the  siihjwt  a  jjlace  in  his  next  message,  and 

Hill  the  aid  of  his  recommendation  to  the  success 

,,f  fo  preat  an  object.    The  mining  operations, 

e«[it'cially.  should  fix  the  attention  of  the  Con- 

pn-s.    Tlioy  are  a  reproach  to  the  age  in  which 

wi'livc.    National  mining  is  condemned  by  every 

dutate  iif  prudence,  by  every  maxim  of  political 

liwnomy,  and  by  the  voice  of  experience    in 

jtvorv  ft^'e  and  country.    And  3-et  we  are  engaged 

Jin  tiiat  business.      This   splendid  federal  gov- 

liriinicnt,  created  for  great  national  purposes, 

lha>  pjnc  to  work  among  the  lead  mines  of  Up- 

l<r  Louisiana,  to  give  us  a  second  edition,  no 

[loiibt,  of  the  celebrated  "  Mississippi  Scheme  " 

pi  John  Law.    For  that  scheme  was  nothing 

more  nor  less  than  a  project  of  making  money 

(i,it  of  the    same  identical  mines.      Yes,  Mr. 

fiosident,   upon    the    same    identical    theatre, 

Imoiift  the  same  holes  and  pits,  dug  by  John 

air's  men  in  1720;  among  the  cinders,  ashes, 

broken  picks,  and  mouldering  furnaces,  of  that 

ik'brated  projector,  is  our  federal  government 

|o«-  at  work ;  and,  that  no  circumstance  should 

;  wanting  to  complete  the  folly  of  such  an  un- 

liTtaking.  the  task  of  extracting  "revenue" 

hra  these  operations,  is  confided,  not  to  the 

freamiry,  but  to  the  ll^ar  Department. 

Salines  and  salt  springs  are  subjected  to  the 
mne  system — reserved  from  sale,  and  leased  for 
pnriiose  of  raising  revenue.  But  I  flatter 
Ijself  that  I  see  the  end  of  this  branch  of  the 
stem.  The  debate  which  took  place  a  few 
leeks  ago  on  the  bill  to  repeal  the  existing  duty 
on  salt,  is  every  word  of  it  applicable  to  the 
1  which  I  have  introduced  for  the  sale  of  the 
Iserved  salt  springs,  I  claim  the  benefit  of  it 
Kordingly,  and  shall  expect  the  support  of  all 
^c  advocates  for  the  repeal  of  that  tax,  when- 
ler  the  bill  for  the  sale  of  the  salines  shall  be 
It  to  the  vote." 

lArgumcnt  and  sarcasm  had  their  cficct,  in  re- 
lion  to  the  mineral  and  saline  reserves  in  the 
pte  in  which  I  lived — the  State  of  Missouri. 
1  act  was  passed  in  1828  to  throw  them  into 
[  mass  of  private  property — to  sell  thom  like 
bcr  public  lands.    And  thus  the  federal  gov- 
nmcnt,  in  that  State,  got  rid  of  a  degrading  and 
profitable  pursuit ;  and  the  State  got  citizen 
Jclioldcrs  instead  of  federal  tenants;  and  pro- 
kbly  were  developed  in  the  hands  of  individuals 
[pursuits  of  private  industry  which  languished 
I  stagnated  in  the  hands  of  federal  agents  and 
nnts.    Hut  it  was  continued  for  some  time 


longer  (so  far  as  lead  ore  was  conriTnt'dj  on  the 
I'piwr  Missi.ssippi,  and  until  an  ar^rument  ar- 
rived which  commanded  the  respect  of  the  U';;is- 
lature:  it  was  the  argument  of  protit  and  loss — an 
argument  which  often  touches  a  nerve  which  is 
dead  to  reason.  Mr.  Polk,  in  his  niessjipe  to 
Congress  at  the  session  of  184')-'4*1  (the  first  of 
his  administration),  stated  that  the  expenses  of 
the  system  during  the  preceding  four  years — 
tho.so  of  Mr.  Tyler's  administration — were  twen- 
ty-six thousand  one  himdrcd  and  eleven  dollars, 
and  elcTcn  cents ;  and  the  whole  amount  of  rents 
received  during  the  same  period  was  six  thou- 
sand three  hundred  and  fifty-four  dollars,  and 
seventy-four  cents :  and  recommended  the  aboli- 
tion of  the  whole  system,  and  the  sale  of  the  re- 
served mines ;  which  was  done ;  and  thus  was 
completed  for  the  Upper  Mississippi  what  I  had 
done  for  Missouri  near  twenty  years  before. 

The  advantage  of  giving  land  to  those  who 
would  settle  and  cultivate  it,  was  illustrated  in 
one  of  my  speeches,  by  reciting  the  case  of 
"  Granny  White  " — well  known  in  her  time  to 
all  the  population  of  Middle  Tennessee,  and  es- 
pecially to  all  who  travelled  south  from  Nash- 
ville, along  the  great  road  which  crossed  the 
"divide  "  between  the  Cumberland  and  Ilarpeth 
waters,  at  the  evergreen  tree  which  gave  name 
to  the  gap — the  Holly  Tree  Gap.  The  aged 
woman,  and  her  fortunes,  were  thus  introduced 
into  our  senatorial  debates,  and  lodged  on  a  page 
of  our  parliamentary  history,  to  enlighten,  by 
her  incidents,  the  councils  of  national  legisla- 
tion: 

"  At  the  age  of  sixty,  she  had  been  left  a 
widow,  in  one  of  the  counties  in  the  tide-water 
region  of  North  Carolina.  Her  poverty  was  so 
extreme,  that  when  she  went  to  the  county 
court  to  get  a  couple  of  little  orphan  grandchil- 
dren bound  to  her,  the  Justices  refused  to  let 
her  have  them,  because  she  could  not  give  security 
to  keep  them  off  the  parish.  This  compelled  her 
to  emigrate ;  and  she  set  off  with  the  two  little 
boys,  upon  a  journey  of  eight  or  nine  hundred 
miles,  to  what  was  then  called  "  the  Cumberland 
Settlement."  Arrived  in  the  neighborhood  of 
Nashville,  a  generous-hearted  Irishman  (his 
name  deserves  to  be  remembered — Thomas 
McCrory)  let  her  have  a  corner  of  his  land,  on 
her  own  terms, — a  nominal  price  and  indefinite 
credit.  It  was  fifty  acres  in  extent,  and  com- 
prised the  two  faces  of  a  pair  of  confronting  hills, 
whose  precipitous  declivities  lacked  a  few  de- 
grees, and  but  a  few,  of  mathematical  perpendic- 
ularity. Mr.  B.  said  he  knew  it  well,  for  he  had 
seen  the  old  lady's  pumpkins  propped  and  sup* 


-    ,  ■  "i 


t  ■  i 


I 

1-= 


106 


THIRTY  YEARS'  VIEW. 


j>orto(l  with  stakes,  to  jiri'vent  tlifir  ponderous 
wtijclit  from  ttariii^  up  the  vine,  and  rolling  to 
tlic  Ijoltoni  of  the  hillH.  There  was  just  room  at 
.  their  ha.se  for  a  road  to  run  hetween,  and  not 
room  for  a  house,  to  find  a  level  place  for  its  foiin- 
(lulion  ;  for  which  pur|>ose  a  [lart  of  the  hill  had 
to  be  (liijj  awa}'.  Vet,  from  tluM  hoj)eless  l>egin- 
iiiu^',  Willi  the  advanta-io  of  a  little  jiieco  of 
friounil  that  was  her  own,  this  nj.'t.'d  widow,  and 
two  little  grandchildren,  of  eifrht  or  nine  yeans 
old,  ailvanced  herself  to  comparative  wealth: 
money,  slaves,  hor.scs,  cattle;  and  her  fields  ex- 
tended into  the  valley  below,  and  her  orjjhan 
pandcliildren,  raised  up  to  honor  and  indepen- 
dence :  these  were  the  fruits  of  economy  and  in- 
dustry and  a  noble  illustration  of  the  advantage 
of  giiHii^  land  to  the  poor.  But  the  federal  gov- 
ernment would  have  demanded  sixty-two  dollars 
and  fifty  cents  for  that  land,  cash  in  hand ;  and 
old  (iranny  White  and  her  grandchildren  might 
have  lived  in  misery  and  sunk  into  vice,  before 
the  opponeuLs  of  this  bill  would  have  taken  Ic  e."' 

I  quoted  the  example  of  all  nations,  ancient 
and  modern,  republican  and  monarchical,  iu  fa- 
vor of  giving  lands,  in  parcels  suitable  to  their 
wants,  to  meritorious  cultivators ;  and  denied 
that  there  was  an  instance  upon  earth,  except 
that  of  our  own  federal  government,  which  made 
merchandise  of  land  to  its  citizens — exacted  the 
highest  price  it  could  obtain — and  refused  to  suf- 
fer the  country  to  bo  settled  until  it  was  paid 
for.  The  "  promised  land  "  was  divided  among 
the  children  of  Israel — the  women  getting  a  share 
where  there  w'as  no  man  at  the  head  of  the 
family — as  with  the  daughters  of  Manasseh.  All 
the  Atlantic  States,  when  British  colonies,  were 
settled  upon  gratuitous  donations,  or  nominal 
sales.  Kentucky  and  Tennessee  were  chiefly 
settled  in  the  same  way.  The  two  Floridas,  and 
Upper  and  Lower  Louisiana,  were  gratuitously 
distributed  by  the  kings  of  Spain  to  settlers,  in 
quantities  adapted  to  their  means  of  cultivation 
— and  with  the  whole  vacant  domain  to  select 
from  according  to  their  pleasure.  Land  is  now 
given  to  settlers  in  Canada ;  and  £30,000  ster- 
ling, has  been  voted  at  a  single  session  of  Par- 
liament, to  aid  emigrants  in  their  removal  to 
these  homes,  arid  commencing  life  upon  them. 
The  republic  of  Colombia  now  gives  400  acres  to 
n  settler :  other  South  American  republics  give 
more  or  less.    Quoting  these  examples,  I  added : 

"  Such,  ]Mr.  President,  is  the  conduct  of  the 
free  republics  of  the  South.  I  say  republics  : 
for  it  is  the  same  in  all  of  them,  and  it  would  be 
tedious  and  monotonous  to  repeat  their  numerous 
decrees.    In  fact,  throughout  the  New  World, 


fiom  Hudson's  Bay  to  Capo  Horn  (with  if, 
single  exception  of  these  Lnited  States),  1,.,,^  I 
the  gifl  of  (jo<1  to  man,  is  also  the  gilt  of  ii^j 
government  to  its  citizens.     Nor  is  this  wy 
policy  conflne<l  to  the  New  World.     It  jireviu 
even  in  Asia ;  and  the  present  age  has  sien—ff,  ■ 
ourselves  have  seen — published  in  the  capit.ij  ,|f  f 
the  European  world,  the  proclamation  of  tf,,| 
King  of  Persia,  inviting  Christians  to  go  to  tt,  I 
ancient  kingdom  of  Cyrus,  Cambyscs  and  Wr\\ 
us,  and  there  receive  gifts  of  land — first  nite.  no;  I 
refuse — with  a  total  exemption  from  taxes,  anil 
the  free  enjoyment  of  their  religion.     Here  is  the  | 
proclamation :  listen  to  it.  ■ 

The  Proclamation. 

"^  Mirza  Mahomeil  Saul,  Ambassador  to  En;.  I 
land,  in  the  name,  and  by  the  authority  of  .^^.1 
has  Mirza,  King  of  Persia,  offers  to  those  whol 
shall  emigrate  to  Persia,  gnvtuitous  grants  off 
land,  good  for  the  production  of  wheat,  barlevj 
rice,  cotton,  and  fruits, — free  from  taxes  or  contri^f 
buttons  of  any  kind,  and  with  the  free  enjoyimnt 
of  their  religion;  the  king's  object  being  io| 

LMPHOVE  HIS  COUNTRY. 

"'London,  July  8th,  1823,'" 

The  injustice  of  holding  all  lands  at  one  uoi-l 
form  price,  waiting  for  the  cultivation  of  thego«i| 
land  to  give  value  to  the  poor,  and  for  the  poorestl 
to  rise  to  the  value  of  the  richest,  was  shown  in  J 
reference  to  private  sales,  of  all  articles ;  in  tbl 
whole  of  which  sales  the  price  was  graduated  tol 
suit  different  qualities  of  the  same  article.   Hiel 
heartless  and   miserly   policy  of   waiting  fj 
government  land  to  be  enhanced  in  value  bytlie| 
neighboring  cultivation  of  private  land,  was  d 
nounced  as  unjust  as  well  as  unwise.    The  nem 
States  of  the  West  were  the  sufferers  by  this  fed 
cral  land  policy.    They  were  in  a  diflerent  con] 
dition  from  other  States.    In  these  others,  thg 
local  legislatures  held  the  primary  disposal  of  th^ 
soil, — so  much  as  remained  vacant  within  tha 
Ihnits, — and  being  of  the  same  community,  mad 
equitable  alienations  among  their  constituontsj 
In  the  new  States  it  was  different.    The  fcder 
government  held  the  primary  disposition  of  tliJ 
soil  5  and  the  majority  of  Congress  (being  iniii 
pendent  of  the  people  of  these  States),  was  les 
heedful  of  their  wants  and  wishes.    Theywcpei^ 
a  stepmother,  instead  of  a  natural  mother: 
the  federal  government  being  sole  purchaser  fro 
foreign  nations,  and  sole  recipient  of  Indian  c 
sions,  it  became  the  monopc  iizcr  of  vacant  M 
in  the  West :  and  this  monopoly,  like  all  mont 
polies,  resulted  in  hardships  to  those  upon  whoi 
it  acted.    Few,  or  none  of  our  public  men.  1 


CHAPTE 


1* 


ANNO  1928.    JOHN  QUINCY  ADAM.S,  riU>II>i:NT. 


107 


njHii  thtir  voice  against  t)ti:i  hard  jiolicy  b«forc 

litiiic  into  the  national  councils.     My  own  was 

|i.>  n  nu>i<i  tlierc  ap;ainst  it :  and  it  Ls  certain  that 

I)  ^eat  aniuliuratioii   \ms  taken   ]>lacc  in  oiir 

Ifoloral  land  policy  dnring  my  time :  and  that  the 

:,atimont  of  Congress,  and  that  of  the  public 

•  n.  rally.  ha.'J  become  much  more  liberal  in  land 

Lknations;  and  is  approximating  towards  the 

luutliccnt  .systems  of  the  rest  of  tho  world.     But 

\\K  members  in  Congress  from  the  new  States 

Ifh'iild  not  intermit  their  e.xertions,  nor  vary 

ItLur  [wlicy ;  and  should  fix  their  eyes  steadily 

lii>.n  the  period  of  the  speedy  extinction  of  the 

K^lifal  title  to  all  the  lands  within  tho  limits 

tf  their  respective  States ; — to   bo  cflected  by 

trc-tinption  rights,  by  donations,  and  by  the 

ulo  (of  so  much  as  shall  be  sold),  at  graduated 

prices,— adapted  to  the  different  qualities  of  the 

tcts,  to  be  estimated  according  to  tho  time  it 

i  amained  in  market  unsold — and  by  liberal 

nt.5  to  objects  of  general  improvement,  both 

lational  and  territorial. 


CHAPTER    XXXVI. 

SJIOM  OP   A   PART    OF  THE    TERRITORY    OF 
AKKANSAS  TO  TUE  CHEROKEE  INDIANS. 

^KANSAS   was    an   organized    territory,  and 

liJbccn  so  since  tho  year  1819.    Her  western 

bundary  was  established  by  act  of  Congress  in 

[ay  1824  (chiefly  by  the  exertions  of  her  then 

[legate,  Henry  W.  Conway), — and  was  an  ex- 

ision  of  her  existing  boundary  on  that  side ; 

I  for  national  and  State  reasons.    It  was  an 

Ibide   territory — beyond   the  Mississippi — a 

Intier  both  to  Mexico  (then  brought  deep  into 

Valley  of  tho  Mississippi  by  the  Florida 

laty  which  gave  away  Texas),  and  to  the  nu- 

pus  Indian  tribes  then  being  removed  from 

1  South  Atlantic  States  to  tho  west  of  the 

iFsissippi.    It  was,  therefore,  a  point  of  national 

|icy  to  make  her  F*rong — to  make  her  a  first 

>  State, — both  for  her  own  sake  and  that  of 

i  Union, — and  equal  to  all  the  exigencies  of 

[  advanced  and  frontier  position.    The  exten- 

1  was  on  the  west — the  boundaries  on  the 

ler  throe  sides  being  fixed  and  immovable — 


and  added  a  firtilo  belt — a  pnralkloKrnin  i>\' 
forty  miles  by  three  hnndrc<l  alon^  lur  wholu 
western  border — and  whi(;h  wn.s  necessary  to 
compensate  for  the  .swamp  land.s  in  front  on  the 
river,  and  to  give  to  her  certain  viilu:i!)lo  salt 
springs  there  existing,  and  naturally  ajipurtennnt 
to  the  territory,  and  essential  to  its  inhabitant.'*. 
Even  with  this  extension  tho  territory  wa.s  still 
deficient  in  arable  land — not  as  strong  as  her 
frontier  position  require<l  her  to  be,  nor  suscepti- 
ble (on  account  of  swamps  and  sterile  districts) 
of  the  population  and  cultivation  which  her  su- 
perficial contents  and  largo  boundaries  would  im- 
ply her  to  be.  Territorially,  and  in  mere  extent, 
tho  western  addition  was  a  fourth  part  of  the  ter- 
ritory :  agriculturally,  and  in  capacity  for  popula- 
tion, tho  addition  might  be  equal  to  half  of  the 
whole  territory ;  and  its  acquisition  was  celebrat- 
ed as  a  most  auspicious  event  for  Arkansas  at  the 
time  that  it  occurred. 

In  the  month  of  May,  1828,  by  a  treaty  nego- 
tiated at  Washington  by  the  Secretary  at  AVar, 
Mr.  James  Barbour,  on  one  side,  and  the  chiefs  of 
the  Cherokee  nation  on  the  other,  this  now  west- 
ern boundary  for  the  territory  was  abolished — 
the  old  line  re-established :  and  what  had  been  an 
addition  to  the  territory  of  Arkansas,  was  ceded  to 
the  Cherokees.  On  the  ratification  of  this  treaty 
several  questions  arose,  all  raised  by  myself— 
some  of  principle,  some  of  expediency— as,  whether 
a  law  of  Congress  could  be  abolished  by  an  Indian 
treaty  ?  and  whether  it  was  expedient  so  to  re- 
duce, and  thus  weaken  tho  territory  (and  future 
State)  of  Arkansas?  I  was  opposed  to  the 
treaty,  and  held  the  negative  of  both  questions, 
and  argued  against  them  with  zeal  and  perse- 
verance. Tho  supremacy  of  the  treaty-making 
power  I  held  to  be  confined  to  subjects  within 
its  sphere,  and  quoted  "  JcfTerson's  Manual,"  to 
show  that  that  was  the  sense  in  which  tho  clause 
in  the  constitution  was  understood.  Tho  treatj*- 
making  power  was  supreme ;  but  that  suprem- 
acy was  within  its  proper  orbit,  and  free  from 
the  invasion  of  the  legislative,  executive,  or  judi- 
cial department.  The  proper  objects  of  treaties 
were  international  interests,  which  neither  party 
could  regulate  by  municipal  law,  and  which  re- 
quired a  joint  consent,  and  a  double  execution,  to 
give  it  effect.  Tried  by  this  test,  $tti  this  Indian 
treaty  lost  its  supremacy.  Tho  subject  was  one  of 
ordinary  legislation,  and  specially  and  exclusively 
confincil  to  Congress.  1 1  was  to  repeal  a  law  which 


108 


TniRTY  YEARS'  VIEW. 


ConfrrcsH  lia<I  niiulo  in  rclntion  to  territory ;  nn<l  to 
rcviTsc  tlie  disiKisilion  which  Conj^ross  liad  mailc 
of  H  part  of  its  t;'rritory.  To  Confrrcss  it  l)c- 
lonjccd  to  (lisposo  of  territory ;  and  to  her  it  l»c- 
lonfTcd  to  repeal  her  own  laws.  The  treaty 
avoided  the  word  '•rep<al,"  while  doing  the 
thing:  it  used  tlie  word  "ttl)oli.sh" — which  was 
the  same  in  effect,  and  more  arrogant  and 
olfensive — not  appropriate  to  legislation,  and 
evidently  used  to  avoid  tlio  use  of  a  word 
which  would  challenge  objection.  If  the  word 
"  repeal "  had  been  used,  every  one  would 
liave  felt  that  the  ordinary  legislation  of  Con- 
gress was  flagrantly  invaded ;  and  the  avoidance 
of  that  word,  and  the  .substitu'ion  of  another  of 
the  same  meaning,  could  have  no  effect  in  legal- 
izing a  transaction  which  would  bo  condemned 
under  its  proper  name.  And  so  I  held  the 
treaty  to  be  invalid  for  want  of  a  proper  subject 
to  act  upon,  and  because  it  invaded  the  legisla- 
tive dci)artment. 

The  inexpediency  of  the  treaty  was  in  the  ques- 
tion of  crippling  and  mutilating  Arkansas,  re- 
ducing her  to  the  class  of  weak  States,  and  that 
against  all  the  reasons  which  had  induced  Con- 
gress, four  years  before,  to  add  on  twelve  thou- 
sand square  miles  to  her  domain ;  and  to  almost 
double  the  productive  and  inhabitable  capacity 
of  the  Territory,  and  future  State,  by  the  char- 
acter of  the  country  added.  I  felt  this  wrong 
to  Arkansas  doubly,  both  as  a  neighbor  to  my 
own  State,  and  because,  having  a  friendship  for 
the  delegate,  as  well  as  for  his  territory,  I  had  ex- 
erted myself  to  obtain  the  addition  which  had 
been  thus  cut  off.  I  argued,  as  I  thought,  con- 
clusivelj' ;  but  in  vain.  The  treaty  was  largely 
ratified,  and  by  a  strong  slaveholding  vote,  not- 
withstanding it  curtailed  slave  territory,  and 
made  soil  free  which  was  then  slave.  Anxious 
to  defeat  the  treaty  for  the  benefit  of  Arkansas, 
I  strongly  presented  this  consequence,  showing 
that  there  was,  not  only  legal,  but  actually 
slavery  upon  the  amputated  part — that  these 
twelve  thousand  square  miles  were  inhabited, 
organized  into  counties,  populous  in  some  parts, 
and  with  the  due  proportion  of  slaves  found  in  a 
uouthern  and  planting  State.  Nothing  would 
do.  It  was  a  southern  measure,  negotiated,  on 
the  record,  by  a  southern  secretary  at  war,  in 
reality  by  the  clerk  JIcKinney ;  and  voted  for 
by  nineteen  approving  slaveholding  senators 
ogaiust  four  df-sscnting.    The  afliiraative  vote 


i  wn«;  Messrs.  Barton,  Berrien,  Bouligny,  Rrj,x.« 
Ezeklel   Chanilwrs,   Cobb,   King  of  Alahaini 
.McKinley,  McLanc  of  Delaware,  Macon,  Iii,u 
ly,  Smith  of  Maryland,  Smith  of  South  CaroliJ 
John  Tyler  of  Virginia,  and  Williams  of  jji, 
sissippi.     The  negative  was,  Messrs.  I^entnJ 
Eaton,   Rowan,  and    Tazewell.— Mr.  Cull,, 
was  then  Vice-President,  and  did  not  vote  •  U 
he  was  in  favor  of  the  treaty,  and  assisted  j] 
ratification  through  his  friends.    Thollo;i>or 
Kepresentatives  voted  the  appropriations  to  can 
it  into  effect;  and  thus  acquiesced  in  the  rot^; 
of  an  act  of  Congress  by  the  President.  Si'i:aJ 
and  Cherokee  Indians ;  and  these  nppropriatioj 
were  voted  with  the  general  concurreiioe  of  iJ 
southern  members  of  the   House.    And  (|,„ 
another  slice,  and  a  pretty  largo  one  (twdj 
thousand  square  miles),  was  taken  off  of  slaJ 
territory  in  the  former  province  of  Louisiai 
which  about  completed  the  excision  of  \\\ 
had  been  left  for  slave  State  occupation  nfn 
the    Missouri    compromise    of   1820,  nnl  [U 
cession  to  Texas  of  contemporaneous  duce,  y] 
previous    cessions  to  Indian  tribes.    And 
this  was  the  work  of  southern  men,  who  il  i 
saw  no  objection  to  the  Congressional  hx 
lation    which    acted    upon    slavery    in  tiriil 
tork^ — which  further  curtailed,  and  even  tj 
tinguishcd  slave  soil  in   all  the  vast  c.\panJ 
of  the  former  Louisiana — save  and  except  tl/ 
comparative  little  that  was  left  in  the  State « 
Missouri,  and  in  the  mutilated  Territory  of  .\i 
kansas.    The  reason  of  the  southern  mcmbeij 
for  promoting  this  amputation  of  Arkansas  J 
favor  of  the  Cherokees,  was  simply  to  ml 
in  inducing  their  removal  by  adding  the 
part  of  Arkansas,  with  its  salt  springs,  to  i 
ample  millions  of  acres  west  of  that  tcrriloij 
already  granted  to  them;  but  it  was  a 
tuitous  sacrifice,  as  the  largo  part  of  the  tnli| 
had  already  emigrated  tc   the  seven  millkt 
of  acres,  and  the  remainder  were  \vaitingfi( 
moneyed  inducements  to  follow.    And  beside 
the  desire  for  this  removal  could  have  no  ( 
upon  the  constitutional  power  of  Congress  l 
legislate  upon  slavery  in  territories,  or  uponi! 
policy  which  curtails  the  boundaries  of  a  futol 
slave  State. 

I  have  said  that  the  amputated  part  of  I 
kansas  was  an  organized  part  of  the  territottj 
divided  into  counties,  settled  and  cultiratd 
Now,  what  became  of  these  inhabitants  ?-tlii 


CHAPTER 


AXXO  1829.    JOHN  t;UlNCY  ADAMS,  PUESIDKNT. 


100 


Lunrty  ?  and  possessions  ?  They  were  bouglit 
^t  bv  tlic  fitlornl  govcrnnifnt !  A  simultanfous 
.t  was  passed,  making  a  donation  of  three  hun- 
u,,l  and  twenty  acres  of  land  (within  the  re- 
fining part  of  Arkansas),  to  each  head  of  a 
milv  who  would  retire  from  the  amputated 
j,ri-  and  subjecting  all  to  military  removal 
lijit  tlitl  not  retire.     It  was  done.     They  all 
Xj,i|,irew.    Three  hundred  and  twenty  acres  of 
kid  in  front  to  attract  them,  and  regular  troops 
J  the  rear  to  push  them,  presented  a  motive 
turer  adequate  to  its  object ;  and  twelve  thou- 
uid  square  miles  of  slave  territory  was  evacu- 
toi  by  its  inhabitants,  with  their  Hocks,  and 
Itnls,  and  slaves;  and  not  a  word  was  said 
)cut  it ;  and  the  event  has  been  forgotten.  But 
I  is  necessary  to  recall  its  recollection,  as  an 
Lportant  act,  in  itself,  in  relation  to  the  new 
lute  of  Arkansas — as  being  the  work  of  the 
louth— and  as  being  necessary  to  be  known  in 
[dcr  to  understand  subseiiuent  events. 


CHAPTER    XXXVII. 

tsEWAL  OF  THE  OHEGON  JOINT  OCCUrATION 
CONVENTION. 

\x  American  settlement  at  the  mouth  of  the 
plumbia,  or  Oregon,  was  mode  in  1811.   It  was 
1  act  of  private  enterprise,  done  by  the  eminent 
jerchant,  Mr.  John  Jacob  Astor,  of  New- York  ; 
the  young  town  christened  after  lus  own 
me,  Astoria :  but  it  was  done  with  the  conu- 
sance and  stipulated  approbation  of  the  gov- 
nent  of  the  United  States ;  and  an  officer  of 
[  United  States  navy — the  bravo  Lieutenant 
lorn,  who  was  with  Decatur  at  Tripoli,  and 
\o  afterwards  blew  up  his  ship  in  Nootka 
nd  to  avoid   her  capture  by  the  savages 
Bowing  himself,  crew  and  savages  all  into  the 
|),— was  allowed  to  command  his  (Mr.  Astor's) 
ng  vessel,  in  order  to  impress  upon  the  en- 
prisc  the  seal  of  nationality.    This  town  was 
|)turcd  during  the  war  of  1812,  by  a  ship  of 
r  detached  for  that  purpose,  by  Commodore 
plyar,  commanding  a  British  squadron  in  the 
Icific  Ocean.    No  attempt  was  made  to  recover 
paring  the  war;  and,  at  Ghent,  after  £ome  ef- 


fortJt  on  the  part  of  the  British  commissioner", 
to  set  up  a  title  to  it,  its  restitiition  was  slipii- 
late<l  under  the  general  clause  which  jiroviilod 
for  the  restoration  of  all   places  captureil  by 
either  party.     But  it  was  not  restored.    An 
empty  ceremony  was  gone  throu(:h  to  satisfy  the 
words  of  the  treaty,  and  to  leave  the  place  in  the 
bonds  of  the  British.     An  American  agent,  Mr. 
John  Baptist  Prevost,  was  sent  to  Valparaiso,  to 
go  in  a  British  sloopof  war  (the  Blossom)  to  receive 
the  place,  to  sign  a  receipt  for  it,  and  leave  it  in 
the  hands  of  the  British.    This  was  in  the  au- 
tumn of  the  year  1818 ;  and  coincident  w  ith  that 
nominal  restitution  was  the  conclusion  of  a  con- 
vention in  London  between   the  United  States 
and  British  government,  for  the  joint  occupation 
of  the  Columbia  for  ten  years— Mr.  GiJlatin 
and  Mr.  Rush   the  American    negotiators — if 
those  can  be  called  negotiators  who  arc  tied 
down  to  porticulur  instructions.    The  joint  occu- 
pancy was  provided  for,  and  in  these  words : 
'•  That  any  country  claimed  by  either  party  on 
the  northwest  coast  of  America,  together  with  its 
harbors,  bays,  and  creeks,  and  the  navigation  of 
all  rivers  within  the  same,  be  free  and  open,  for 
the  term  of  ten  years,  to  the  subjects,  citizens, 
and  vessels  of  the  two  powers ;  without  preju- 
dice to  any  claim  which  either  party  might  have 
to  any  part  of  the  country." — ^I  v\'as  a  practising 
lawyer  at  St.  Louis,  no  way  engaged  in  politics, 
at  the  time  this  convention  was  published ;  but 
I  no  sooner  saw  it  than  I  saw  its  delusive  nature 
— its  one-sidedness — and  the  whole  disastrous 
consequences  which  were  to  result  from  it  to  the 
United  States ;  and  immediately  wrote  and  pub- 
lished articles  against  it :  of  which  the  following 
is  an  extract : 

"  This  is  a  specimen  of  the  skill  with  which 
the  diplomatic  art  deposits  the  seeds  of  a  new 
contestation  in  the  assumed  settlement  of  an  ex- 
isting one, — and  gives  unequal  privileges  in  words 
of  equality, — and  breeds  a  serious  question,  to  bo 
ended  perhaps  by  war,  where  no  question  at  all 
existed.  Every  word  of  the  article  for  this  joint 
occupation  is  a  deception  and  a  blunder — sug- 
gesting a  belief  lor  which  there  is  no  foundation, 
granting  privileges  for  which  there  is  no  equiv- 
alent, and  presenting  ambiguities  which  require 
to  be  solved — peradventurc  by  the  sword.  It 
speaks  as  if  there  was  a  mutuality  of  countries 
on  the  northwest  coast  to  which  the  article  was 
applicable,  and  a  mutuality  of  benefits  to  accrue 
to  the  citizens  of  both  governments  by  each  occu- 
pying the  country  claimed  by  the  other.  Not 
so  the  fact.    There  is  but  one  country  in  ques- 


i 


110 


TlllIlTV  YKARS"  VIEW. 


tion.  ntn!  that  is  our  own  ;— nnd  of  f his  the  Brit- 
ish sire  to  have  rqiml  jtos-H-Rsion  with  oiirsclvcH, 
iiDil  we  no  |K)8si'ssion  of  tlicirn.  'J'lic  Cohiinbia 
is  ours ;  FrnzcrV  liivi-r  is  a  Uritish  |)o.sHfssion  to 
wJiicli  no  AriK'rirnn  ever  went,  or  ever  will  go. 
'J'lu'  convcntioti  frivos  n  joint  ri;.'ht  of  orcupyinjj 
tiio  i»<>rt.s  nnd  ImrlxtrH.  and  of  niivijyatinj?  tho 
riviTH  of  each  other.  'Jhis  would  itnply  tluit  each 
jroverntncnt  jiosscKSi'd  in  that  quarter,  jiorts,  anil 
liarhorH,  and  navij;al>lo  riverH ;  and  were  alxiut 
to  bring  them  into  hotch-iioteh  for  mutual  en- 
joyment. No  such  thinp.  There  is  hut  one  port, 
and  that  the  n.outh  of  the  (Jolumhia — but  one 
river,  nnd  that  tho  CoIun)})ia  itself:  and  both 
port  and  river  our  own.  AVc  pive  tho  equal  use 
of  these  to  tho  Uritish,  and  receive  nothing  in  re- 
turn. Tiio  conventi(m  says  that  tho  "claim"  of 
neither  party  is  to  be  jirejudiced  by  tho  joint 
possession.  This  admits  that  (ireat  Uritain  has 
a  claim — a  thing  never  admitted  Inifore  by  us, 
nor  pretended  by  her.  At  (Jhent  sho  stated  no 
claim,  and  could  stftto  none.  Her  ministers 
merely  askod  for  the  river  as  a  boundary,  as  bo- 
i:ig  tho  most  convenient ;  and  for  tho  use  of  tho 
harbor  at  its  mouth,  as  being  necessary  to  their 
ships  and  trade ;  but  stated  no  claim.  Our  com- 
missioners reported  that  thoy  (tho  British  com- 
missioners) endeavored  '  to  lay  a  nest-egg '  for 
a  future  pretension ;  which  they  failed  to  do  at 
Ghent  in  1815,  but  succeeded  in  laying  in  Lon- 
don in  1818 ;  and  before  tho  ten  years  arc  out,  a 
full  grown  fighting  chicken  will  bo  hatched  of 
that  egg.  There  is  no  mutuality  in  any  thing. 
Wo  furnish  tho  whole  stake  -  country,  river, 
harbor;  and  shall  not  even  maintain  tho  joint 
use  of  our  own.  Wo  shall  be  driven  out  of  it, 
and  tho  British  remain  sole  possessors.  The  fur 
trade  is  tho  object.  It  will  fare  with  our  traders 
on  tho  Columbia  under  this  convention  as  it 
fared  with  them  on  tho  Miami  of  the  Lakes  Tand 
on  tho  lakes  themselves),  under  tho  British 
ticaties  of  'D4  and  'i)0,  which  admitted  British 
traders  into  our  territories.  Our  traders  will  be 
driven  out ;  and  that  by  the  fair  competition  of 
trade,  even  if  there  should  bo  no  foul  play.  The 
ditrcrcnco  between  free  nnd  dutied  goods,  would 
work  that  result.  The  British  traders  pay  no 
duties :  ours  pay  above  an  average  of  fifty  per 
centum.  No  trade  can  stand  against  such  odds. 
But  tho  competition  will  not  be  fair.  The  sav- 
ages will  be  incited  to  kill  and  rob  our  traders, 
nnd  they  will  be  expelled  by  violence,  without 
waiting  the  slower,  but  equally  certain  process, 
of  expulsion  by  underselling.  The  result  then 
i^,  that  wo  admit  tho  British  into  our  country, 
our  river,  and  our  harbor ;  and  wo  get  no  admit- 
tance into  theirs,  for  they  have  none — Frazer's 
River  and  New  Caledonia  being  out  of  the  ques- 
tion— that  they  will  become  sole  possessors  of 
our  river,  our  harbor,  and  our  country ;  and  at 
the  end  of  the  ten  years  will  have  an  admitted 
'  claim  '  to  our  property,  nnd  the  actual  posses- 
sion of  it." 

Thus  I  wrote  in  the  year  1818.  when  the  joint 


occupation  convention  of  thot  year  km  proi,. 
gntwl.     I  wrote  in  arlvanco  ;  nnd  long Ixfnn.  (ij 
ten  years  were  out,  it  was  all  far  more  ttjJ 
verified.     Our  traders  were  not  only  driven  fr 
the  mouth  of  tho  Columbia  River,  but  from  ■] 
its  springs  and  branches; — not  only  from  all  i' 
Valley  of  tho  Columbia,  but  from  tho  whole  rJ 
gion  of  tho  Rocky  Moimtains  between  4[i  a  J 
42  degrees ;— not  only  from  all  this  moum-J 
region,  but  from  tho  tipper  waters  of  all  our  i 
distant  rivers— tho  Missouri,  tho  Yellow  St.  nJ 
tho  Big  Horn,  tho  North  Platte ;  nnd  all  tinJ 
mountain  tributaries.    And,  by  authentic  rctic- 
made  to  our  government,  not  less  than  five  hJ 
dred  of  our  citizens  had  been  killed,  nor  Icssthu 
five  hundred  thousand  dollars  worth  of  poJ 
and  furs  robbed  from  them ; — the  Britisli  rel 
maining  tho  undisturbed  possessors  of  all  tJ 
Valley  of  tho  Columbia,  acting  as  its  masters,  anl 
building  forts  from  the  sea  to  tlio  mountaij 
This  was  tho  cfToct  of  tho  first  joint  occiipatij 
treaty,  and  every  body  in  tho  West  saw  its  ti 
preaching  termination  with  pleasure ;  but  i 
false  step  which  tho  government  had  made  iJ 
duced  another.    They  had  admitted  a"c!ainl 
on  tho  part  of  Great  Britain,  and  given  hertij 
solo,  under  tho  name  of  a  joint,  possession ;  A 
now  to  get  her  out  was  the  difficulty.    It  coiji 
not  bo  done;  and  tho  United  Sta  c   agreed toj 
further  continued  "joint "  occupation  (as  it  A 
illusively  called  in  tho  renewed  convention),  dJ 
for  ten  years  more,  but "  indefinitely, "  detcnnij 
able  on  one  year's  notice  from  either  partv  ll 
the  other.    The  reason  for  this  indefinite, 
injurious  continuance,  was  sot  forth  in  the  pJ 
amble  to  the  renewed  convention  (Mr.  Gallati 
now  the  sole  United  States  negotiator); 
recited  that  the  two  governments  "  being  de.«irol 
to  prevent,  as  far  as  possible,  all  hazard  of  ml 
understanding,  and  with  a  view  to  give  furltJ 
time  for  maturing  measures  which  shall  havei 
their  object  a  more  definite  settlement  of  t| 
claims  of  each  party  to  tho  said  territory  i 
thereupon  agree  to  renew  the  joint  occupatiJ 
article  of  the  convention  of  1818,  &c.    Thus,  i 
had,  by  our  diplomacy  in  1818,  and  by  thep 
mittcd  non-execution  of  the  Ghent  treaty  in  tl 
delivery  of  the  post  and  country,  hatchdl 
question  which  threatened  a  "  misunderstand] 
between  the  two  countries ;  and  for  matnn 
measures  for  tho  settlement  of  which  iiidcli 
time  was  required — and  granted — Great  Briaj 


ANNO  18'M.     JOHN  QUINCY  AHAIH,  runslPFNT. 


Ill 


l^^iiiii^r.  in  tho  moan  timo,  «i)le  occupant  of  the 

„|o  I  oiiiitry.     TliM  wnn  all  that  hIic  could  avk, 

L-ilall  thiit  wo  coulil  prnnt,  even  if  wo  actually 

,n!i'<l  to  (five  up  tho  country. 

I  »■».<  n  nK'nitx-T  of  Iho  Senate  when  thin  ro- 

It.trcl  roiivuntion  was  N^^nt  in  for  ratification, 

|ii,'l  o|<|M>sc<l  it  with  all  thu  zeal  and  ability  of 

lihii'li  I  ^^'^^  nioHter :  hut  in  rain.     The  weight 

tdc  administration,  tho  indiirercnce  of  many  to 

inniotc  object,  tho  desire  to  put  oira  difliculty, 

](|  the  delusive  argument  that  wo  could  terminate 

jtai  any  time — (a  consolation  so  captivating  to 

pjtlc  tompcraments) — were  too  strong  for  rea.son 

uJ  fact ;  and  I  was  left  in  a  small  minority  on 

llie  question  of  ratification.     But  I  did  not  limit 

fcr>elf  to  opjwsition  to  tho  treaty.     I  proposed, 

j«!l  as  opposed;  and  difccstcd  my  opinions 

lito tl'cc  resolves ;  and  had  them  spread  on  the 

iSKUt'Ve  journal,  and  mado  part  of  our  parlia- 

bcntfif  v"  history  for  future  reference. 

Thi;  asolvcs  were:  1.  "  That  it  is  not  expc- 
lent  fir  tho  United  States  and  Great  Britain  to 
let  further  in  relation  to  their  claims  on  the 
Lrthwcst  coast  of  America,  on  the  basis  of  a 
joint  occupation  by  their  respective  citizens.  2. 
lat  it  is  expedient  that  the  joint-occupation 
Irticle  in  the  convention  of  1818  be  allowed  to 
pirc  upon  its  own  limitation.  3.  That  it  is  ex- 
jient  for  the  government  of  the  United  States 
|i  continue  to  treat  with  His  Britannic  Majesty 
I  relation  to  said  claims,  on  the  basis  of  a  so- 
ution  of  interests,  and  the  establishment  of  a 
krmtinent  boundary  between  their  dominions 
btward  oi"  tho  Rocky  Mountains,  in  the  short- 
It  possible  time. "  These  resolves  were  not 
j;ed  upon ;  but  the  negative  vote  on  the  rati- 
Btion  of  the  convention  showed  what  the  vote 
loiikl  have  been  if  it  had  been  taken.  That 
sitive  vote  was — Messrs.  Benton,  Thomas 
,  Cobb  of  Georgia,  Eaton  of  Tennessee,  Ellis 
I  Mississippi,  Johnson  of  Kentucky,  Kane  of 
linois,  and  Rowan  of  Kentucky — in  all  7. 
[ghtccn  years  afterwards,  and  when  we  had 
I  to  the  cry  of  "  inevitable  war, "  I  had  the 
[itilication  to  see  the  whole  Senate,  all  Congress, 
d  all  the  United  States,  occupy  the  same  ground 
l.clation  to  this  joint  occupation  on  which  only 
ten  senators  stood  at  the  time  the  conventron 
it  was  ratified. 


CIIAPTKU     XXXVIII. 

l'KWn)F.NTIA[.  ri.KCTIOV  OF  ISH  AMI  Kl  KTIIK.R 
KUKolI.S  (iK  Mo.V:*.  UK  Tut  t^l  l.VII.I.i:, 

Geneh-m,  JArK^oN  and  Mr.  Adams  were  the 
candidates ; — with  tho  latter,  Mr.  Clay  (his 
Secretary  of  State),  so  intimately  associated  in 
tho  public  mind,  on  account  of  the  circunistanres 
of  tho  previous  presidential  election  in  tho  House 
of  llepresentativcs,  that  their  names  and  intcn-sts 
were  inseparable  during  tho  canvass,  (icncral 
Jackson  was  elected,  having  received  178  elec- 
toral votes  to  83  received  by  Mr.  Adnnis.  Mr. 
Richard  Rush,  of  Pennsylvania,  was  tho  vice- 
presidential  candidate  on  tho  ticket  of  Mr.  Adams, 
and  received  an  equal  vote  with  that  pcntlcnian : 
Mr.  Calhoun  was  tho  vice-presidential  candidate 
on  tho  ticket  with  General  Jackson,  an<l  receiv- 
ed a  slightly  less  vote — tho  deficiency  being  in 
Georgia,  where  the  friends  of  Mr.  Crawford  still 
resented  his  believed  connection  with  tho  "  A.  B. 
plot."  In  the  previous  election,  ho  had  been 
neutral  between  General  Jackson  and  Mr.  Adams } 
but  was  now  decided  on  tho  part  of  tho  General, 
and  received  the  same  vote  every  where,  except 
in  Georgia.  In  tbis  election  there  was  a  circum- 
stance to  bo  known  and  remembered.  Mr. 
Adams  and  ilr.  Rush  were  both  from  tho  non- 
slaveholding— General  Jackson  and  Mr.  Cal- 
houn from  tho  slaveholding  States,  and  both 
large  slaveowners  themselves — and  both  receiv- 
ed a  largo  vote  (73  each)  in  the  free  States — 
and  of  which  at  least  forty  were  indispensable  to 
their  election.  There  was  no  jealousy,  or  hos- 
tile, or  aggressive  spirit  in  tho  North  at  tha,t 
time  against  the  South ! 

The  election  of  General  Jackson  was  a  triumph 
of  democratic  principle,  and  an  assertion  of  tho 
people's  right  to  govern  themselves.  That  prin- 
ciple had  been  violated  in  the  presidential  elec- 
tion in  the  House  of  Representatives  in  the  ses- 
sion of  1824-'25 ;  and  the  sanction,  or  rebuke,  of 
that  violation  was  a  leading  question  in  the  whole 
canvass.  It  was  also  a  triumph  over  the  high 
protective  policy,  and  the  federal  internal  im- 
provement policy,  and  the  latitudinous  construc- 
tion of  the  constitution ;  and  of  tho  democracy 
over  the  federalists,  then  called  national  repulj- 
licans  ;  and  was  the  re-establishment  of  parties 
on  principle,  according  to  the  landmarks  of  the 


-i  '■ :     <v 


".  I 


112 


TIIIUTY  YKAILV  VIKW". 


•  nrly  tK''"  "f  ''">  K«»verniiiint.  For  nltliDiidh 
Mr.  Ailuiim  liu'l  n'ccivr<l  roiidilfnco  niiil  (illl<'C' 
fiori)  Mr.  Mii'tisnn  and  Mr.  M<inri>o,  nml  h»<l 
rinswd  Willi  tho  di'iiKMrulif  pnrty  iluriiiK  tli'' 
fiisi'in  of  larticH  in  thu  ''era  of  f^wA  fceliii;:," 
yvl  lif  IiikI  imviou.sly  Inen  fi'donil ;  niid  in  Ihc 
n-'-cslaljlislinii-nt  of  old  fwrty  linos  which  In-jran 
to  tiiki!  |p1iicc  afttr  lliu  iltrtion  of  Mr.  Adams  in 
till'  IIou>i'  of  lli'|in-sontativ('H,  his  aflinitii-s,  and 
|x)lioy,  lacnrnc  those  of  his  former  party :  and  as 
u  |mrty,  with  many  individual  exceptions,  they 
liecame  his  siiii|H)rterH  and  his  Ktrepj;th.  (<tn- 
eral  Jackson,  on  tho  contrary,  liad  always  Leon 
di'mwrnlic,  so  dassinf;  when  he  was  a  senator  in 
Con^^nss  under  tho  administration  of  the  first 
Mr.  Adams,  ond  when  party  lines  were  most 
straijjlitly  drawn,  and  ujion  i)rinciple:  and  as 
such  now  rcwivinfc  tho  support  of  men  and 
States  which  took  their  political  position  at  that 
ti'ne,  and  had  maintained  it  ever  since — Mr. 
Macon  and  Mr.  Randolph,  for  example,  and  the 
States  of  Virj;inia  and  Pennsylvania.  And  hero 
it  becomes  my  duty  to  notice  an  error,  or  a  con- 
(;eries  of  errors,  of  Mons.  do  Toc<iueville,  in  rela- 
tion to  the  causes  of  General  Jackson's  election ; 
and  which  he  finds  exclusively  in  tho  glare  of  a 
military  fame  resulting  from  "  a  very  ordinary 
achievement,  only  to  bo  remeWibertd  where  bat- 
ties  are  rare."     llo  says : 

"  General  .Jackson,  whom  the  Americans  have 
twice  elected  to  the  head  of  their  ','overnment,  is 
a  man  of  a  violent  temper  and  ine^'iocrc  talents. 
No  one  circumstance  in  the  whole  co.irso  of  his 
career  ever  proved  that  ho  is  qualified  to  govern 
a  free  jwoplc ;  and,  indeed,  the  majority  of  the 
enlightened  classes  of  the  Union  has  always 
been  opiKJsed  to  him.  But  he  was  raised  to  the 
Presidency,  and  has  b;;en  maintained  in  that 
lofty  station,  solely  by  the  recollection  of  a  vic- 
tory which  he  gained  twenty  j-ears  ago,  under 
the  walls  of  New  Orleans ;— a  victory  which, 
however,  was  a  very  ordinary  achievement,  and 
which  could  only  be  remembered  in  a  country 
where  battles  are  rare." — (Chapter  17.) 

This  may  pass  for  American  history,  in  Europe 
and  in  a  foreign  language,  and  even  finds  abet- 
tors here  to  make  it  American  history  in  the 
United  States,  with  a  preface  and  notes  to  en- 
force and  commend  it:  but  America  will  find 
historians  of  her  own  to  do  justice  to  tho  nation- 
al, and  to  individual  character.  In  the  mean  time 
I  have  some  knowledge  of  General  Jackson,  and 
the  American  people,  and  the  two  presidential 
elections  with  which  they  honored  the  General ; 


and  will  op|»«>s«'  it,  that  is,  my  knowKdifp,  („,i 
tlippant  and  HJiallow  HtatementN  of  .Mimis,  ij,.  | , 
(|iu'villc.     "  A  iniin  iif  viiilt'iil  tfiiiftfry    |,||,„( 
to  know  Hoinetliing  about  that — conteuiiiorjr„ 
w  ill  understand  tho  allusion — and  I  can  siy  (uj 
Cieneral  Jack.son  had  a  good  tcmiH-r,  kind  ivj 
hospitable  to  every  body,  and  a  feeling  of  proi« 
tion  in  it  for  the  whole  human  race,  ami  ot. 
cially  tho  weaker  and  humbler  part  of  it.   \U\A 
few  quarrels  on  his  own  account ;  and  linilmi, , 
tho  very  ones  of  which  Mons.  do  Toc(|iitvi||(.  ijj 
heard  were  accidental,  against  lii,s  w  ill.  nri,| 
tho  succor  of  friemls.     '•  Mrdiocre  tnknt.  uA 
no  capacity  to  gurem  a  free  peopie.^^    In 
first  place,  free  jn-ople  are  not  govenuil  livm,j 
man,  but  by  laws.     Jlut  to  understand  the  |,lira^ 
an  pi'rhaps  intended,  that  he  had  m.  ni|iii('itvi 
civil  administration,  let  the  condition  of  thu roiinJ 
try  at  the  rc.sjwctivo  periods  when  ho  tiMik  J 
and   when    )io  laid    down   the   admiiiistraii 
answer,     lie  found  the  country  in  donii',stic  mj 
tress — pecuniary  distress — and  the  national  ui 
state  legislation  invoked  by  leading  politjcjansi 
relieve  it  by  empirical  remedies; — tarill's,  lo rej 
lieve  one  part  of  tho  community  by  taxin"  J 
other; — internal  improvement,  to  distribute  puj 
lie  money  ; — a  national  bank,  to  cure  tho  paw 
money  evils  of  which  it  was  tho  author  ;-tl< 
public  lands  the  pillage  of  broken  bank  [inpir;- 
depreciated  currency  and  ruined  cxc'-.angcs  J 
a  million  and  a  half  of  "unavailable  funds' j 
the  treasury  ; — a  large  public  debt ; — the  publjl 
money  tho  prey  of  banks ; — no  gold  in  the  com 
try — only  twenty  millions  of  dollars  in  silrij 
ar.d  that  in  banks  which  refused,  when  tin 
pleased,  to  pay  it  down  in  redemption  of  tb 
own  notes,  or  even  to  render  back  to  dtposito 
Stay  laws,  stop  laws,  rejilcvin    laws,  basele^ 
paper,  the  resource  in  half  the  States  to  save  il 
debtor  from  his  creditor ;  and  national  bankrJ 
laws  from  Congress,  and  local  insolvent  laws.} 
the  States,  the  demand  of  every  session,    Indi 
tribes  occupying  a  half,  or  a  quarter  of  the  ami 
southern  States,  and  unsettled  questions  of  v 
arid  insult,  with  half  the   poweis  of  i'.wA 
Such  was  tho  state  of  the  countiy  when  (lineij 
Jackson  became  President :  what  wan  it  v\t 
he  left  the  Presidency?     Protective  t.-iiilfs,! 
federal  internal  improvement  di.scankd;  tlicn 
tional  bank  left  to  expire  upon  its  own  liniid 
tion ;  the  public  lands  redeemed  from  tlic  pilla 
of  broken  bank  paper;   no  more  ''unavailil 


ANXO  L«.i8.     JollN  Ql'INtV  AI-AM-t.  rKI>IlH:ST. 


113 


1  .,,[s ;  "  uii  al)tiiiilntit  p"M  «ni|  nIIvit  ctirri'tirv  ;  I 
[;,f  |iiil>li<'   "Kilt    |miil  nil;    tlic    triU'iiry  iiiiulc  I 
ii,J(|icn'<  lit  «f  l>uiil\s;  tilt)  ImliiUi  tnlK'.n  rt'iimv- ' 
,1  fpiiii  till-'  Sittics;  inilciunitif.H  DlitniiKMl  from  I 
,;  fiirii^'ii  |i«)\virs  fur  nil  jmst  ajTRnssions,  nnd 
i,ni.»v  ones  (•oiiiiiiiHo<l ;  wviral  tri'atii-H  olitnin- ' 
^!  iriiiii  pn'ol  iKiwcrs  lliut  iii'vcr  would   trc«t 
I  ,i;|i  im  licfiire  ;  |h.'iii"o,  frii'ii'l.s)ii|),  niid  poinnuTcc 
I  mill  nil  tilt!  world  ;  nnd  the  nii'n.siin.'S('stal)li.ilied 
I  niiich,  "•"'•IT  '^'1'^'  fc'i'<''»t  coiiliict  with  the  exjiirinR  ' 
i;.i!ilk'if  till-  l'iiitt'(l  StatcH,  and  all  Fht  allllmti'd  ' 
||.jiiki«  in  l!S'!7,  put  an  end  to  bank  dominion  in  i 
iVl'iiiti'd  Stiiti's,  and  all  its  train  of  contractions 
I  111  I'XiiiinsionH,  jianic  and  KiispcnHion,  distross 
I  ml  t'iiip<i'>''!*l  ri'liff.     This  Ih  thi}  nuHWcr  which 
jiin.  rcsiKM'tivc  jK'riods  of  the  iK'ginnin);  and  the 
Itiilmg    of    (it'Mcral    Jackson's    achuinistration 
IpvoH  to  the  flippant  imputation  of  no  capacity 
Ifr  civil  irovcrumcnt.     1  pass  on  to  tho  next. 
'The  maj'^i'i'li/  of  the  enlh^htenerl  classes  at- 
lUf  opponfd  It)  h  iiii."   A  majority  of  those  class- 
It:  which  -Alons.  tic  Tocqucvillo  would  chiefly  see 
111  he  cities,  and  along  tho  highways — bankers, 
lliiokcrs.  jobbers,  contractors,  politicians,  andspe- 
silators — were  certainly  against  him,  nnd  he  as 
rwinly  against  them ;  but  tho  mass  of  the  in- 
gence  of  the  country  was  with  him!  nnd 
BJlaitR'il  him  in  retrieving  tho  country  from  the 
jtploralilo  condition  in  which  tho  "  enlightened 
b^ses "  had  sunk  it !  and  in  advancing  it  to  tlint 
btc  of  felicity  nt  homo,  nnd  respect  abroad, 
Ihih has  made  it  tho  envy  nnd  admiration  of 
le  civilized  world,  and  tho  absorbent  of  popnla- 
ions  of  Europe.   I  pass  on.  •'  liaised  to  the  Pre- 
ikwj  and  viaintaiued   there  soleltj  bij  the 
mlkctiim  of  the  victory  at  New  Orleans." 
lire  recollection,  nnd  military  glare,  reverse  the 
Ition  of  their  ever  previous  attributes,  and  be- 
Ime  stronger,  instead  of  weaker,  upon  the  lapse 
f  time.    The  victory  at  New  Orleans  was  gain- 
iin  the  first  week  of  the  year  1815;  and  did 
It  bear  this  presidential  fruit  until  fourteen  nnd 
|htecn  years  afterwards,  and  until  three  previ- 
5  good  seasons  had  passed  without  production. 
|iere  was  a  presidential  election  in  181G.  when 
t  victory  was  fre.sh,  and  the  country  ringing, 
il imaginations  dazzled  with  it:  but  it  did  not 
^kc  Jackson  Prcsidi.nt,  or  even  bring  him  for- 
irJ  as  a  candidate.     The  same  four  years  after- 
Js,  at  the  election  of  1820 — not  even  a  can- 
to then.   Four  years  still  later,  at  the  election 
|1824.  he  became  a  candidate,  and — was  not 
Vol.  I.— 8 


•Kjirtul;— rwtixttig  but  t''.*  fUi'tiiral  votes  out  o( 
2(11.     In  »h*  y»»r  lM'><  ho  wa.H  first  elect.d,  re- 
iviNin^  17t<  out  of  '201    votis;  nnd  in  \s:)2  ho 
wa.H   •  Hi'ctmil  time   elfc-ted,  n-coiviin;  'Jl'.i  out 
"f  'J>S   votes.      Surely    thero   must   have   Im-i  n 
Miiiicthing  be-sidt'S  an  old  military  recollection  to 
mako  tlii'so  two  elerlions  so  iliHi-rcnt  fron>  the 
t\\.»  former;  nnd  thrre  wiis!     That  somrthin;: 
els<f  was  principle!  an<l  the  same  that   I   hitvt 
stated  in  tho  liej;inning  «>f  this  chapter  as  enter- 
ing into  thccnnMtsK  of  If^'JS,  and  ruling  its  i.^-uf 
I  pass  on  to  tho  last  ilisparngement.    "A  victory 
which  was  a  very  ordinary  achievement,  and  only 
to    Ih;  rememlK'red    where    battles    weio  rare'' 
Such  was  not  the  battle  nt  New  (irKiuH.     It 
was  no  ordinary  achievement.     It  wv.s  a  victory 
of  4.(11)0  citizens  just  called  from  their  homes, 
without  knowledge  of  scientific  war,  umler  a  lead- 
er as  little  .schooled  as  themselves  in  that  parti- 
cular, without  other  advantages  than  a  sli^ilit 
field  work  (a  ditch  and  a  bank  of  earth)  hastily 
thrown    up — over    double    their    numbers    of 
IJritish  veterans,  survivors  of  the  wars  of  the 
French  Revolution,  victors  in  the  Peninsula  and 
at  Toulouse,  under  trained  generals  of  the  Wel- 
lington school,  and  with  a  disparity  of  loss  never 
before  witnes.sed.     On  one  side  700  killed  (in- 
cluding tho   first,  second  and  third  generals); 
1400  woundctl ;    500  taken  prisoners.     On  the 
other,  six  privates  killed,  nnd  seven  wounded ; 
and  tho  total  repulse  of  nn  invading  army  which 
instantly  fled  to  its  "  wooden  walls,"  and  never 
again   plojctl   a  hostile  foot   on   American  soil, 
SiiC'.v  an  ae'iii'jvcrrent  is  not  ordinary,  much  less 
"very"  ordinary.     Does  Mona.  de  Toctiuevillc 
judge  the  iniprrtnnco  of  victories  by  tho  num- 
bers engaged,  .ind  the  quantity  of  blood   shed, 
or  by  their  con.scquences  ?    If  the  former,  tho 
can.ionade  on  tho  heights  of  Valmy  (which  was 
not  a  battle,  nor  even  a  combat,  but  a  distant 
cannon  firing  in  which    few  were   hurt),  must 
seem  to  him  a  very  insignificant  afTair.     Yot  it 
did  what  the  marvellous  victories  of  Champau- 
bcrt,  Montmirail,  Chiteau-Thiorry,  Vauchamps 
and  MonterOau  could  not  do — turned  back  the 
invader,  and  saved  the  soil  of  Franco  from  the 
iron  hoof  of  tho  conqueror's  horse!  and  <va9 
commemorated  twelve  years  afterwards  by  the 
great  emperor  in  a  ducal  title  bestowed  upon  one 
of  its  generals.     The  victory  at  New^  Orleans 
did  what  the  connonade  at  Valmy  did — drove  back 
the  invader !  and  also  what  it  did  not  do — de* 


114 


TIimTV  YEARS*  VIEW. 


Rtriiy«'(J  tlie  one  fourth  part  of  his  force.  And, 
tlii-rfforc,  it  is  not  to  be  (lispjirap'd,  ami  will  not 
Id',  hy  liny  one  wlio  jii(l(.'is  victories  hy  their 
(■oii>e(|iU'iices,  insteiul  of  by  the  numbers  cngaperl. 
And  so  the  victory  at  New  Orleans  will  remain 
in  history  as  one  of  the  (rreat  achievements  of 
the  world,  in  spite  of  the  low  opinion  which  the 
writer  on  American  democracy  entertains  of  it. 
Hut  .Afons.  do  Twqiievillc's  disparagement  of 
Ckneral  Jackson,  and  his  achievement,  docs  not 
Ktop  at  him  and  his  victory.  It  goes  beyond 
l)Oth,  and  readies  the  American  people,  their  re- 
publican institutions,  and  the  elective  franchise : 
It  represents  the  people  as  incapable  of  self- 
ji;overnment — as  led  off  by  a  little  military  glare 
to  elect  a  man  twice  President  wh.o  had  not  one 
qualification  for  the  place,  who  was  violent  and 
mediocre,  and  whom  the  enlightened  classes  op- 
(Kised :  all  most  unjustly  said,  but  still  to  pass 
for  American  history  in  Europe,  and  with  some 
Americans  at  home. 

Ilcgard  for  Mons.  de  Tocquevillo  is  the  cause 
of  this  correction  of  his  errors :  it  is  a  piece  of 
respect  which  I  do  not  extend  to  the  rifTrafT  of 
European  writers  who  come  hero  to  pick  up  the 
gossip  of  the  highways,  to  sell  it  in  Europe  for 
American  history,  and  to  requite  with  defama- 
tion the  hospitalities  of  our  houses.  lie  is  not 
of  that  class :  he  is  above  it :  he  is  evidently  not 
intentionally  unjust.  But  he  is  the  victim  of  the 
company  which  he  kept  while  among  us ;  and  his 
book  must  pay  the  penalty  of  the  impositions 
Iiractiscd  upon  him.  The  character  of  our  coun- 
try, and  the  cause  of  republican  government, 
require  his  errors  to  be  corrected :  and,  unhap- 
pily, I  shall  have  further  occasion  to  perform 
tliat  duty. 


CHAPTER    XXXIX. 

HETIRINO  OF  MR  MACON. 

Philosophic  in  his  tomperamcr^t  and  wise  in  his 
conduct,  governed  in  all  his  actions  by  reason 
and  judgment,  aud  deeply  imbued  with  Bible 
images,  this  virtuous  and  patriotic  man  (whom 
Mr,  Jefferson  called  "  the  last  of  the  Romans)  " 
had  long  fixed  the  term  of  his  ix>Iitical  existence 
>t  the  age  which  the  Psalmist  assigns  for  the 


limit  of  manly  life :  "  The  days  of  our  yptirs  ari 
threes<'ore  years  and  ten ;  and  if  by  reayon  of 
strength  they  be  fourKcore  years,  yet  is  tl^.f 
strength  labor  and  sorrow,  for  it  is  soon  cut  olF 
and  we  lly  away. "     He  touched  that  a(^  i„ 
1828  ;  and,  true  to  all  his  purposes,  he  was  fnie 
to  his  resolve  in  this,  and  crecuted  it  with  tlie 
quietude  and  indifl'erencc  of  an  ordinary  transac- 
tion,   lie  was  in  the  middle  of  a  third  scnatoria! 
term,  and  in  the  full  possession  of  all  his  fiicultlt.^ 
of  mind  anil  body ;  but  his  time  for  retirement 
had  come— the  time  fixed  by  himself;  but  fijf,j 
upon  conviction  and  for  well-considered  reasons 
and  inexorable  to  him  as  if  fixed  by  fate.    To 
the  friends  who  urged  him  to  remain  to  the  end 
of  his  term,  and  who  insisted  that  his  mind  wps 
as  good  as  ever,  he  would  answer,  that  it  was 
good  enough  yet  to  let  him  know  that  he  ought 
to  quit  ofiico  before  his  mind  quit  him,  and  tiiat  I 
he  did  not  mean  to  risk  the  fate  of  the  Archbishop 
of  Grenada.    He  resigned  his  senatorial  honors 
as  he  had  worn  them — meekly,  unostcntatiouslv, 
in  a  letter  of  thanks  and  gratitude  to  the  General  i 
Assembly  of  his  State; — and  gave  to  repose  at 
home  that  interval  of  thought  and  quietude  \vl;ic!i 
every  wise  man  would  wish  to  place  between  ihe  | 
turmoil  of  life  and  the  stillness  of  eternity.   He 
had  nine  years  of  this  tranquil  enjoyment,  a,.,  | 
died  without  pain  or  sufiering  June  29th,  1831, 
— characteristic  in  death  as  in  life.    It  was  ci^ht  I 
o'clock  in  the  morning  when  he  felt  that  the  su- 
premo  hour  had  come,  had  himself  full-dressed  I 
with  his  habitual  neatness,  walked  in  the  room 
and  lay  upon  the  bed,  by  turns  conversing  kind- 1 
ly  with  those  who  were  about  him,  and  showing  I 
by  his  conduct  that  he  was  ready  and  waiting,! 
hurrying  nothing.    It  was  the  death  of  Socrates,  I 
all  but  the  hemlock,  and  in  that  full  faith  of  I 
which  the  Grecian  sage  had  only  a  glimmering,  I 
H«  directed  his  own  grave  on  the  point  of  a  sterile  I 
ridge  (where  nobody  would  wish  to  plougi),! 
and  covered  with  a  pile  of  rough  flint-stone;  I 
(which  nobody  would  wish  to  build  with),(leeni-j 
ing  this  sterility  and  the  uselessness  of  this  rock) 
the  best  security  for  that  undisturbed  repose  off 
the  bones  which  is  still  desirable  to  those  wbc| 
are  indifferent  to  monuments. 

In  almost  all  strongly-marked  characters  thml 
is  usually  some  incident  or  sign,  in  early  life  I 
wliich  shows  that  character,  and  reveals  to  tlxl 
close  observer  the  type  of  the  future  man,  Sol 
it  was  with  Mr.  Macon.    His  firmness,  bis  pi' I 


ANNO  1828.    JOHN  (jriNCV  ADAM^,  I'UESIDKNT 


115 


rriotism.  his  sclMenial.  his  devotion  to  duty 
t..(l  (lisrcp^rd  of  odlcc  aivl  t  tnolnment ;  liis  mod- 
f«tv,  intejrritr,  self-control,  and  Rulyection  of 
wnJuct  to  the  convictions  of  reason  and  the  dic- 
ates  of  virtue,  all  so  steadily  excmplitied  in  a 
Ion?  lifo.  were  all  shown  from  the  early  ajrc  of 
eiihtccn,  in  the  miniature  representation  of  indi- 
n\u\  action,  and  only  confirmed  in  the  subse- 
oiient  public  cxliibitions  of  a  long,  bcaiitiful,  and 
tialtcd  career. 

He  was  of  that  age,  and  a  student  at  Princeton 
1  oitllfge,  it  the  time  of  the  Declaration  of  Ameri- 
csn  Indciwndence.     A  small  volunteer  corps  was 
then  on  the  Delaware.     He  quit  his  books,  join- 
cii  it.  served  a  torin,  retjirned  to  Princeton,  and 
I  rcfumed  his  rstudics.    In  the  year  1778  the  South- 
ern States  had  become  a  battle-field,  big  with 
their  own  fate,  and  possibly  involving  the  issue 
of  the  war.    British  fleets  and  armies  appeared 
there,  strongly  supported  by  the  friends  of  the 
I  British  cause ;  and  the  conquest  of  the  South 
tas  fully  counted  upon.    Help  was  needed  in 
tiicse  States ;  and  Mr.  Macon,  quitting  college, 
Iretamcd  to  his  native  county  in  North  Carolina, 
1  joined  a  militia  company  as  a  private,  and  march- 
(td  to  South  Carolina — then  the  theatre  of  the 
Irnewj's  operations.    He  had  his  share  in  all  the 
Ihinlships  and  disasters  of  that  trying  time ;  was 
lit  the  fall  of  Fort  Moultrie,  surrender  of  Charles- 
Iton,  defeat  at  Camden ;  and  in  the  rapid  winter 
Iretreat  across  the  upper  part  of  North  Carolina. 
Ill'  was  in  the  camp  on  the  left  bank  of  the  Yad- 
Ikin  when  the  sudden  flooding  of  that  river,  in 
Ithe  brief  interval  between  the  crossing  of  the 
].\mcricans  and  the  coming  up  of  the  British,  ar- 
sted  the  pursuit  of  Cornwallis,  and  enabled 
IGrccne  to  allow  some  rest  to  his  wearied  and 
bhausted  men.    In  this  camp,  destitute  of  every 
ng  and  with  gloomy  prospects  ahead,  a  sum- 
mons came  to  Mr.  Macon  from  the  Governor  of 
forth  Carolina,  requiring  him  to  attend  a  meet- 
bg  of  the  General  As.sembly,  of  which  he  had 
Icon  elected  a  member,  without  his  knowledge, 
fy  the  people  of  his  county.    lie  refu.sed  to  go : 
id  the  incident  being  talked  of  through  the 
lamp,  came  to  the  knowledge  of  the  general. 
Greene  was  a  man  himself,  and  able  to  know  a 
mil.  He  felt  at  once  that,  if  this  report  was  true, 
(lis  young  soldier  was  no  common  character ;  and 
letermined  to  verify  the  fact.    He  sent  for  the 
loung  man,  inquired  of  him,  heard  the  truth, 
ud  then  asked  for  the  reason  of  this  unexpected 


conduct — tlii^  prof('rrn''P  f'>r  a  suin'rir.":  camp 
over  a  romfnrtahlo  scat  in  tlic  (iiiifral  Assciti- 
bly  ?  Mr.  M-icon  answori'd  him.  in  his  qtiaint 
and  sontpiifioii'4  way,  that  ho  had  seen  tin-  farm 
of  the  British  m.-iny  times,  but  had  never  seen 
their  backit,  and  meant  to  stay  in  the  nnny  till 
he  did.  nrccne  instantly  saw  the  material  tin- 
young  man  was  made  of,  and  the  handle  by 
which  he  was  to  be  worked.  That  material  was 
patriotism  ;  that  handle  a  .sense  of  duty ;  and 
laying  hold  of  this  handle,  he  quickly  woikeil 
the  young  soldier  into  a  dillerent  conclusion  from 
the  one  that  he  had  ari'ivcd  at.  He  told  him  h'! 
could  do  more  good  as  a  member  of  the  (k'ner.il 
Assembly  than  as  a  soldier ;  that  in  the  army 
he  was  but  one  man,  and  in  the  General  Assem- 
bly he  might  obtain  many,  with  the  supplies 
they  needed,  by  showing  the  destitution  and 
suffering  which  he  had  seen  in  the  camp ;  an'l 
that  it  was  his  duty  to  go.  This  view  of  duty 
and  usefulness  was  decisive.  Mr.  Macon  obeyeil 
the  Governor's  summons  ;  and  by  his  repre.'^en- 
tations  contributed  to  obtain  the  supplies  which 
enabled  Greene  to  turnback  and  face  Cornwallis, 
— fight  him,  cripple  him,  drive  him  further  back 
than  ho  had  advanced  (for  'Wilmington  is  South 
of  Camden),  disable  him  from  remaining  in  the 
South  (of  which,  up  to  the  battle  of  Guilford, 
ho  believed  himself  to  bo  master)  ;  and  sending 
him  to  Yorktown,  where  he  was  captured,  and 
the  war  ended. 

The  philo.«ophy  of  historj*  has  not  yet  laid  hold 
of  the  battle  of  Guilford,  its  consequences  and 
effects.  That  battle  made  the  capture  at  York- 
town.  The  events  are  told  in  every  historj'; 
their  connection  and  dependence  in  none.  It 
broke  up  the  plan  of  Cornwallis  in  the  South,  and 
changed  the  plan  of  Washington  in  the  North, 
Cornwallis  was  to  subdue  the  Southern  States, 
and  was  doing  it  until  Greene  turned  upon  him 
at  Guilford.  Washington  was  occupied  with 
Sir  Henry  Clinton,  then  in  New-York,  with 
12,000  British  troops.  He  had  formed  the  heroic 
design  to  capture  Clinton  and  his  army  (tho 
French  fleet  co-operating)  in  that  city,  and  there- 
by putting  an  end  to  the  war.  All  his  prepara- 
tions were  going  on  for  that  grand  consummation 
when  he  got  the  news  of  the  battle  of  Guilford, 
the  retreat  of  Cornwallis  to  Wilmington,  his  in- 
ability to  keep  the  field  in  the  South,  and  his 
return  northward  through  the  lower  part  of 
Virginia.    lie  saw  his  advantage — an  easier  prey 


If 


if 


ti 


IIG 


rniRTY  YEARS'  VIEW. 


—ami  the  fiamc  result,  if  successful.  Cornwallis 
or  Clinton,  eithiT  of  tliein  captured,  would  put 
nil  end  to  tlie  war.  "Washinpton  changed  his 
plan,  deceived  Clinton,  moved  rapidly  upon  the 
wi-aker general,  captured  him  and  his  7000  men; 
and  ende<I  the  revolutionary  war.  The  battle 
<<r  <iuilfonl  put  that  capture  into  Washington's 
li'inds;  and  thus  Guilford  and  Yorktown  became 
( cjiniected  ;  and  the  philosophy  of  history  shows 
liieir  dependence,  and  that  the  lesser  event  was 
faliier  to  the  greater.  The  State  of  North  Caro- 
lina gave  General  Greene  25,000  acres  of  west- 
ern land  for  that  day's  work,  now  worth  a  million 
of  dollars ;  but  the  day  itself  has  not  yet  obtain- 
ed its  proper  place  in  American  history. 

The  military  life  of  Mr.  Macon  finished  witli 
his  departure  from  the  camp  on  the  Yadkin,  and 
his  civil  public  life  commenced  on  his  arrival  at 
the  General  Assembly,  to  which  he  had  been 
summoned — that  civil  public  life  in  which  he  was 
continued  above  forty  years  by  free  elections — 
representative  in  Congress  under  Washington, 
Adams,  Jefferson,  and  Madison,  and  long  the 
Spaker  of  the  IIou.se ;  senator  in  Congress  un- 
der ^[adison,  Monroe,  and  John  Quincy  Adams ; 
and  often  elected  President  of  the  Senate,  and 
until  voluntarily  declining ;  twice  refusing  to  be 
I'ostmastcr  General  under  JefTerson ;  never  tak- 
inj^  any  office  but  that  to  which  he  was  elected ; 
and  resigning  his  last  senatorial  term  when  it 
was  only  half  run.  But  a  characteristic  trait 
lemains  to  be  told  of  his  military  life — one  that 
has  neither  precedent  nor  imitation  (the  example 
of  Washington  being  out  of  the  line  of  compari- 
son) :  he  refused  to  receive  pay,  or  to  accept  pro- 
motion, and  served  three  years  as  a  private 
through  mere  devotion  to  his  country.  And  all 
the  long  length  of  his  life  was  conformable  to  this 
patriotic  and  disinterested  beginning :  and  thus 
the  patriotic  principles  of  the  future  senator  were 
all  revealed  in  early  life,  and  in  the  obscurity  of 
an  unknown  situation.  Conformably  to  this  be- 
ginning, he  refused  to  take  any  thing  under  the 
modern  acts  of  Congress  for  the  benefit  of  the 
surviving  officers  and  soldiers  of  the  Revolution, 
and  voted  against  them  all,  saying  they  had  suf- 
fered alike  (citizens  and  military),  and  all  been 
rewarded  together  in  the  establishment  of  inde- 
pendence ;  that  the  debt  to  the  army  had  been 
settled  by  pay,  by  pensions  to  the  wounded,  by 
half-pay  and  land  to  the  officers ;  that  no  mili- 
tary claim  could  be  founded  on  depreciated  con- 


tinental paper  money,  from  which  the  ci(j 
functionaries  who  performed  service,  and  the  far- 
mers  who  furniiihed  8ui)plie8,  8utfca>d  as  much 
as  any.  On  thi.s  principle  ho  voted  against  the 
bill  for  Lafayette,  against  all  tlie  modern  revo- 
lutionary pensions  and  land  bounty  acts  nni 
refu,sed  to  take  any  thing  under  them  (for  manv 
were  applicable  to  himself). 

His  political  principles  were  deep-rooted  in- 
nate.  subject  to  no  change  and  to  ao  macliinerv 
of  party.  lie  was  democratic  in  the  broad  seai 
»f  the  word,  as  signifying  a  capacity  in  the  people 
for  self-government ;  and  in  its  party  sease  as 
in  favor  of  a  plain  and  economical  admini.stra 
tion  of  the  federal  government,  and  against  lati- 
tudinarian  constructions  of  the  constitution.  He 
was  a  party  man,  not  in  the  hackneyed  sense  of 
the  word,  but  only  where  principle  was  concern- 
ed; and  was  independent  of  party  in  all  his  so- 
cial relations,  and  in  all  the  proceedings  which 
ho  disapproved.  Of  this  he  gave  a  strong  in- 
stance in  the  case  of  General  Ilamilton,  whom 
he  deemed  honorable  and  patriotic ;  and  utterly 
refused  to  be  concerned  in  a  movement  propoa'd 
to  affect  him  personally,  though  politically  op- 
posed to  him.  IIo  venerated  Washington,  ad- 
mired the  varied  abilities  and  high  qualities  of 
Hamilton ;  and  esteemed  and  respected  the  enii< 
nent  federal  gentlemen  of  his  time.  He  bad  af- 
fectionate regard  for  Madison  and  Monroe ;  but  I 
Mr.  JefTerson  was  to  him  the  full  and  perfuii 
exemplification  of  the  republican  statesman, 
His  almost  fifty  years  of  personal  and  political 
friendship  and  association  with  Mr.  Randolph  ii 
historical,  and  indissolubly  connects  their  names 
and  memories  in  the  recollection  of  their  friends,  I 
and  in  history,  if  it  does  them  justice.  He  was  I 
the  early  friend  of  General  Jackson,  and  intimate  I 
with  him  when  he  was  a  senator  in  Congress  I 
under  the  administration  of  the  elder  Mr.  Adams;  [ 
and  was  able  to  tell  Gongfcss  and  the  world  wb  I 
he  was  when  he  began  to  astonish  Euroi/;  ami  I 
America  by  his  victories.  Ue  was  the  kind  ob-j 
server  of  the  conduct  of  young  men,  encouragl 
ing"  them  by  judicious  commendation  when  li<| 
saw  them  making  efibrts  to  become  useful  i 
respectable,  and  never  noting  their  faults.  JIsI 
was  just  in  all  things,  and  in  that  most  difiiculll 
of  all  things,  judging  political  opponentg,-lJ 
whom  he  would  do  no  wrong,  not  merely  ill 
word  or  act,  but  in  thought.  He  spoke  frequiniH^ 
ly  in  Congress,  always  to  the  point,  and  brie™ 


ANNO  18.28.  JOHN  guiNCT  adamj^  ri:i>;ir)i:NT. 


117 


12x1  wisely  ;  and  was  one  of  those  spr>nkcrR  wlik'h 
yr.  Jeilcrson  dcBorilxKl  Dr.  Frnnkliii  ti>  liavo 
been— a  speaker  of  no  pretension  and  pnut  per- 
fdiniance. — who  spoke  more  pood  Kcnse  while  he 
wa-s  fretting  »ip  out  of  his  chair,  and  Retting  back 
into  it,  than  many  others  did  in  long  dLscoiirst's  ; 
and  he  BiiffcKMl  no  reporter  to  drctw  up  a  kijcccIi 
for  him. 

lie  wns  above  the  pursuit  of  wealth,  but  alHo 
ibnvc  dependence  and  idleness ;  and,  like  an  old 
Roman  of  tho  elder  Cato's  time,  worked  in  the 
fields  at  the  head  of  his  slaves  in  the  intervals 
of  public  duty ;  and  did  not  cease  this  labor  until 
advancing  age  rendered  him  unable  to  stand  the 
hot  sun  of  summer — tho  only  season  of  the  yenr 
when  senatorial  duties  left  him  at  liberty  to  fol- 
low the  plough,  or  handle  tho  hoe.  I  think  it 
was  the  summer  of  1817, — that  was  the  last  time 
(he  told  me)  he  tried  it,  and  found  the  sun  too 
hot  for  him— then  sixty  years  of  age,  a  senator, 
and  the  refuser  of  all  office.  IIow  often  I  think 
of  him,  when  I  sec  at  Washington  robustious 
men  going  through  a  scene  of  supplication,  tribu- 
lation, and  degradation,  to  obtain  office,  which 
the  salvation  of  the  soul  does  not  impose  upon 
the  vilest  sinner !  His  fields,  his  flocks,  and  his 
herds  yielded  an  ample  supply  of  domestic  pro- 
ductions. A  small  crop  of  toldicro — three  hogs- 
heads when  the  season  was  good,  two  when  bad 
j  -purchased  the  exotics  which  comfort  and  ne- 
I  ccssity  required,  and  which  the  farm  did  not  pro- 
duce. He  was  not  rich,  but  rich  enough  to  dis- 
pense hospitality  and  charity,  to  receive  all  guests 
in  his  house,  from  tho  President  to  tho  day  la- 
borer—no other  title  being  necessary  to  enter 
his  house  but  that  of  an  honest  man;  rich 
I  enough  to  bring  up  his  family  (two  daughters'' 
a  accomplished  ladies,  and  marry  them  to  ac- 
I  tomplished  gentlemen — one  to  William  Martin, 
■  Esq.,  tho  other  to  William  Eaton,  Esq.,of  Koan- 
loke,  my  early  school-fellow  and  friend  for  more 
I  than  half  a  century ;  and,  above  all,  he  was  rich 
[mough  to  pay  as  he  went,  and  never  to  owe  a 

ollar  to  any  man. 

He  was  steadfast  in  his  friendships,  and  would 
Iftakc  himself  for  a  friend,  but  would  violato  no 
Ipoint  of  public  duty  to  please  or  oblige  him.  Of 
Itliis  his  relations  with  Mr.  Randolph  gave  a  sig- 
Inal  instance.  He  drew  a  knife  to  defend  him  in 
Itlie  theatre  at  Philadelphia,  when  menaced  by 
komo  naval  and  military  officers  for  words 
ipoken  in  debate,  and  deemed  offensive  to  their 


profewiion"* ;  y<'t,  when  K|H'ftkiT  of  tlic  Hodsp  of 
Kcpri'scntativo.x.  he  <li<|il!ice<l  .Mr.  Kninlolph  fi'mi 
the  hcail  of  tho  ronuniltoe  of  ways  niid  nu"ftn<, 
heraui^e   the  rhtiirnuiii  of  tluit  coii.inittii'  •.liu'.iM 
hi' on  tcrnis  of  political  fri<iii!slii|i  willi  tin-  :i'l- 
ministration, — which   Mr.   I{)iinio!ph    li;iil    tlicn 
cea.sed  to  be   with   Mr.  .Ii'lliTson'.-i.      He   was 
nljovo  executive   office,   evon   tliu    liijrlu-st    tlio 
PrcHident  could  give  ;  but  not  above  tlic  lowest 
the  ptoplc  couM  give,  taking  tlmt  of  justice  of  tlic 
peace  in  his  county,  anil  refusing  that  of  Post- 
master-General at  Wa-shinfrton.      IIo  was  o\)- 
poscd  to  nepotism,  nnd  to  all  quartering  of  lii-i 
coimections  on  the  government;    and    in   the 
course  of  his  forty-years'  service,  with  the  abso- 
lute friendship  of  many  administrations  and  the 
IKirfcct  rcKpcct  of  all,  he  never  had  office  or  conr 
tract  for  any  of  his  blood.    He  refused  to  be  a 
candidate  for  tho  vice-presidency,  but  took  the 
place  of  elector  on  the  Van  Iluren  ticket  in  IS^iO. 
Ho  was  against  paper  money  and  the  paper  sy.s- 
tem,  and  was  accustomed  to  present  the  strong 
argument  against  both  in  the  simple  phrase,  that 
this  was  a  hard-money  government,  made  by 
hard-money  men,  who  had  seen  the  evil  of  paper- 
money,  and  meant  to  save  their  posterity  froTn  it. 
Ho  was  opposed  to  securityships,  and  hold  that 
no  man  ought  to  be  entangled  in  the  affairs 
of  another,  and  that  the  interested  parties  alone 
— ^thoso  who  expected  to  find  their  profit  in  tho 
transaction — should  bear  tho  bad  consequences, 
as  well  as  enjoy  the  gootl  ones,  of  their  own 
dealings.     Ho  never  called  any  ono  "friend" 
without  being  so ;  and  never  expressed  faith  in 
the  honor  and  integrity  of  a  man  without  acting 
up  to  tho  declaration  when  the  occasion  required 
it.    Thus,  in  constituting  his  friend  Weldon  X. 
Edwards,  Esq.,  his  testamentary  and  sole  execu- 
tor, with  largo  discretionary  powers,  ho  left  all 
to  his  honor,  and  forbid  him  to  account  to  any 
court  or  power   ior  the  manner  in  which  he 
should    execute  that  trust.      This  prohibition 
was  so  characteristic,  and  so  honorable  to  both 
parties,  and  has  been  so  well  justified  by  tho 
event,  that  I  give  it  in  his  own  words,  as  copied 
from  his  will,  to  wit : 

"I  subjoin  tho  following,  in  my  own  hand- 
writing, as  a  codicil  to  this  my  last  will  nnd  tes- 
tament, and  direct  that  it  be  a  part  thereof— tlmt 
is  to  say,  having  full  fiiith  in  the  lienor  and  in- 
tegrity of  my  executor  above  named,  he  shall  not 
bo  held  to  account  to  any  court  or  power  what- 


lis 


THIR'n'  YEARS'  VIE\V. 


ever  fur  the  diKchaitn-  of  the  tniHt  ronfhJed  by 
uiu  to  liiin  in  and  \ty  thu  fori^oint;  will." 

Ati'l  tlie  fvont  lias  proved  liiat  liis  jndpmcnt, 
u»  ilwivvs,  coinniiUfd  no  niiHtake  when  it  bc- 
xtonedtlmttonUdence.  HelmdhisiKciiliarities — 
idiosyiicrncicH,  if  any  one  plr-axcs — l)Ut  they  were 
burn  witli  hini,Huite(l  to  liim.  constituting  a  part  of 
lii.s  clmructer,  and  necessary  to  its  completeness. 
IIo  never  subHcr'bed  to  charities,  but  p*ve,  and 
freely,  according  to  his  means — the  left  hand  not 
knowing  what  the  right  hand  did.  lie  never 
KubscrilK'd  for  new  books,  giving  as  a  reason  to 
(ho  soliciting  agent,  that  nolx)dy  purcha.'-.ed  his 
tobacco  until  it  was  inspected;  and  ho  could 
buy  no  book  until  he  had  examined  it.  lie 
would  not  attend  the  Congress  Presidential  Cau- 
cus of  1824,  although  it  was  sure  to  nominate 
his  own  choice  (Mr.  Crawford);  and,  when  a 
reason  was  wanted,  he  gave  it  in  the  bri.'f  answer 
that  he  attended  one  once  and  they  cheated  him, 
and  he  had  said  that  he  would  never  attend 
another.  He  always  wore  the  same  dress — that 
is  to  say,  a  suit  of  the  same  material,  cut,  and 
color,  suiKjrline  navy  blue — the  whole  suit  from 
the  same  piece,  and  in  the  fashion  of  the  time  of 
the  Revolulioii ;  and  always  replaced  by  a  new 
one  before  it  showed  age.  lie  was  neat  in  his 
person,  always  wore  fine  linen,  a  line  cambric 
stock,  a  fine  fur  hat  with  a  brim  to  it,  fair  top- 
booLs — the  boot  outside  of  the  pantaloons,  on  the 
principle  that  leather  was  stronger  than  cloth. 
lie  would  wear  no  man's  honors,  and  when  com- 
plimented on  the  rej-ort  on  the  Panama  mission, 
which,  as  chairman  of  the  committee  on  foreign 
relations,  he  had  presented  to  the  Senate,  he 
would  answer,  "  Yes ;  it  is  a  good  report ;  Taze- 
well wrote  it."  Left  to  himself,  ho  was  ready 
to  take  the  last  place,  and  the  lowest  seat  any 
where;  but  in  his  representative  capacity  he 
would  suffer  no  derogation  of  a  constit<'Honal  or 
of  a  popular  right.  Thus,  when  Spaaker  of 
the  IIouso,  and  a  place  behind  tiic  President's 


Secretaries  had  been  a.ss-igned  him  in  some  ixn-. 
niony,  he  disregarded  the  programme ;  and.  a, 
the  elect  of  the  elect  of  all  the  people,  took  In, 
place  next  after  those  whom  the  national  vo;, 
had  elected.  And  in  1803,  on  the  question  i 
change  the  fonn  of  roting  for  President  ani 
Vice-President,  and  the  vote  wanting  one  of  tl,. 
constitutional  number  of  two  thirds,  ho  rcs-istnl 
the  rule  of  the  House  which  restricted  tin 
speaker's  vote  to  a  tie,  or  to  a  vote  which  woiiM 
make  a  tie, — claimed  his  constitutional  right  ti, 
vote  as  a  member,  obtained  it,  gnve  thu  vok 
made  the  two  thirds,  and  carried  the  amemi- 
ment.  And,  what  may  well  be  deemed  idiosyn. 
cratic  in  these  Jays,  he  w^as  punctual  in  the  ptr- 
formanco  of  all  his  minor  duties  to  the  Scniiti', 
attending  its  sittings  to  the  moment,  attendin.' 
all  the  committees  to  which  he  was  appointiil. 
attending  all  tho  funerals  of  tho  members 
and  ofBcers  of  the  Houses,  always  in  time  ai 
every  place  where  duty  required  him ;  and  to- 
fusing  double  mileage  for  one  travelling,  when 
elected  from  tho  House  of  Representatives  to  ilie 
Senate,  or  summoned  to  an  extra  Gossion.  He 
was  an  habitual  rcador  and  student  of  the  BiUt 
a  pious  and  religious  man,  and  of  the  "  Baptiii 
persuasion,"  as  he  was  accustomed  to  express  it. 
I  have  a  pleasure  in  recalling  the  recollection 
of  this  wise,  just,  and  good  man,  and  in  writing 
them  down,  not  without  profit,  I  hope,  to  risiri 
generations,  and  at  least  as  extending  the  know- 
ledgn  of  the  kind  of  men  to  whom  we  are  indebt- 
ed fo,'  our  independence,  and  for  the  form  of 
goverijment  which  they  established  for  us.  .Mr. 
Macon  was  Ihe  real  Cincinnatus  of  America,  tiit 
pride  and  ornament  of  my  native  State,  my  he- 
reditary friend  through  four  generations,  im 
mentor  in  the  first  seven  years  of  my  senatorial. 
and  the  last  seven  of  his  senatorial  life ;  and  3 
feeling  of  gratitude  and  of  filial  affection  mingles 
itself  with  this  discharge  of  lustorical  duty  to  hii  | 
memory.  \ 


I  of  standing  armies,  a 


ANNO  1S29.     ANDREW  JACKSON.  riU>iII»i;NT. 


119 


ADMINISTKATION  OF  ANDREW  JACKSON, 


CHAPTER   XL  . 

(PMMFA'CEMENT   OF  OKNERAL    JACKSON'S    AD- 
MINISTRATION'. 

Ox  tlie  4th  of  March,  1829,  the  new  President 
was  inaugurated,  with  the  usual  ceremonies, 
anJ  delivered  the  address  which  belongs  to  the 
occasion ;  and  which,  like  all  of  its  class,  was  a 
general  declaration  of  the  political  principles  by 
which  the  new  administration  would  be  guided. 
Tiie  general  terms  in  which  such  addresses  are 
necessarily  conceived  preclude  the  possibility  of 
minute  practical  views,  and  leave  to  time  and 
i  veutsthe  qualification  of  the  general  declarations. 
Such  declarations  are  always  in  harmony  with 
the  grounds  upon  which  the  new  Presideni's 
1  ilection  had  been  made,  and  generally  agreeable 
to  his  supporters,  without  being  repulsive  to  his 
opponents ;  harmony  and  conciliation  being  an 
especial  object  with  every  new  administration. 
So  of  General  Jackson's  inaugural  address  on 
this  occasion.    It  was  a  general  chart  of  demo- 
cratic principles ;  but  of  which  a  few  paragraphs 
will  bear  reproduction  in  this  work,  as  being 
either  new  and  strong,  or  a  revivtil  of  good  old 
I  principles,  of  late  neglected.    Thus :  as  a  military 
man  his  election  had  been  deprecated  as  possibly 
leading  to  a  military  administration :  on  the  con- 
trary he  thus  expressed  himself  on  tho  subject 
I  of  standing  armies,  and  subordination  of  the 
I  military  to  the  civil  authority:    "Considering 
Iftanding  armies  as  dangerous  to  free  govern- 
Iment,  in  time  of  peace,  I  shall  not  seek  to  en- 
jlarge  Jiir  present  establishment ;  nor  disregard 


that  salutary  lesson  of  political  experience  which 
teaches  that  the  military  should  be  held  subor- 
dinate to  the  civil  power. "     On  tho  cardinal 
doctrine  of  economy,  and  freedom  from  public 
debt,  he  said :  "  Under  every  aspect  in  which  it 
can  bo  considered,  it  would  appear  that  advantage 
must  result  from  the  observance  of  a  strict  and 
faithful  economy.    This  I  shall  aim  at  the  more 
anxiously,  both  because  it  will  facilitate  the  ex- 
tinguishment of  the  national  debt — the  unneces- 
sary duration  of  which  is  incompatible  with  real 
independence; — and  because  it  will  counteract 
that  tendency  to  public  and  private  prolligacy 
which  a  profuse  expenditure  of  monej  by  tho 
government  is  but  too  apt  to  engender."    Reform 
of  abuses  and  non-interference  with  elections, 
were  thus  enforced :  "  The  recent  demonstration 
of  public  sentiment  inscribes,  on  the  list  of  ex- 
ecutive duties,  in  characters  too  legible  to  bo 
overlooked,  tho  task  of  reform,  which  will  re- 
quire, particularly,  the  correction  of  those  abuses 
that  have  brought  tho  patronage  of  the  ft^deral 
government  'nto  conflict  with  the  freedom  of 
elections. "    The  oath  of  office  was  administered 
by  the  venerable  Chief  Justice,  Marshall,  to  whom 
thftt  duty  had  belonged  for  about  thirty  years. 
The  Senate,  according  to  custom,  having  been 
convened  in  extra  session  for  the  occasion,  tho 
cabinet  appointments  were  immediately  sent  in 
and  confirmed.    They  were,  Martin  Van  Buren, 
of  New- York,  Secretary  of  State  (Mr.  James  A. 
Hamilton,  of  New- York,  son  of  the  late  General 
Hamilton,  being  charged  with  tho  duties  of  the 
office  until  Mr.  Van  Buren  could  ent<ir  upmi 
, them);  Samuel  D.  Ingham,  of  Pennsylvania, 


120 


Tiinrrv  ykaus"  vkw. 


-Samuel  Bell,  Levi  Wood- 


Silsbeo,    Daniel 


Secretary  of  the  Treasury;  Jcilin  11.  Kiiton,  of 
Teiiiifsscc,  Secretary  at  War;  Jolin  15raiicli,  of 
North  Caifiliiia,  Secretary  of  tlie  Navy  ;  Jolin  M. 
Jkrrien,  of  fieorRJa,  Attorney  (ienoral ;  AVilliain 
T.  linrry,  of  Kentucky,  Postmaster  (JeiKial  ; 
liiost'  wlr)  constituted  tlie  late  caliinet,  uikU  r 
Mr.  A'lams,  only  one  of  them,  (Mr.  .John 
MeI.e.'in,  tlie  Postma.ster  General.)  classed  [loli- 
tically  with  General  Jaekson ;  and  a  vacancy 
having  occiirre<l  on  the  bench  of  the  Sujirenic 
Court  l>y  the  death  of  Mr.  Ju.stice  Trimble,  of 
Kentucky,  Mr.  McLean  was  appointed  to  fill  it; 
and  a  further  vacancy  soon  after  occurring,  the 
death  of  Mr.  Justice  Bushrod  AVasliington 
(nei)he\v  of  General  Washington),  Mr.  Henry 
Baldwin,  of  Pennsylvania,  was  appointed  in  his 
ji'ace.  The  Twenty-first  Congress  dated  the 
.••itniincncement  of  its  legal  existence  on  the  day 
of  the  commencement  of  the  new  administration , 
and  its  members  were  as  follows : 

SENATE. 

Maine — John  Holmes,  Pelcg  Spragne. 

New  Ha.mpsuirk 
bury. 

MASSJ.CIIUSETTS — Nathaniel 
Webster. 

Connecticut — Samuel  A.  Foot,  Calvin  Willey. 

Rhode  Island — Nehcmiah  11.  Knight,  Asher 
Robbins. 

Vkhmont — Dudley  Cha.se,  Horatio  Seymour. 

New-Yokk — Nathan  Sanford,  Charles  E.  Dud- 
ley. 

New  Jersey* — Tlieodore  Frelinghuyscn,  Mah- 
lon  Dickerson. 

Pennsylvania — William  Marks,  Isaac  D. 
Barnard. 

Delaware — John  JL  Clayton,  {Vacant.) 

Mauvlanu — Samuel  Smith,  Ezekiel  F.  Cham- 
bers. 

Virginia — L.  W.  Tazewell,  John  Tyler. 

North  Carolina — James  Iredell,  (Vacant.) 

South  Carolina — William  Smith,  Robert  Y. 
Hayne. 

Georgia — George  M.Troup,  John  Forsyth. 

Kentucky — John  Rowan,  George  M.  Bibb. 

Tennessee — Hugh  L.  AVIiite,  Felix  Grundy. 

Ohio — Benjamin  Ruggles,  Jacob  Burnet. 

Louisiana — Josiah  S.  Johnston,  Edward  Liv- 
iigston. 

Indiana — William  Hendricks,  James  Noble. 

Mississippi — Powhatan  Ellis,  (  Vacant.) 

Illinois — Elias  K.  Kane,  John  McLane. 

Alabama — .John  McKinley,  William  R.  King. 

Missouri — David  Barton,  Thomas  H.  Benton. 

HOUSE  OF  EEPEESENTATIVES. 

Maine — John  Anderson,  Samuel  Butman, 
George  Evans,  Rufus  Mclntire,  James  W.  Ripley, 
Joseph  F.  Wingatc — G.    (  One  vacant.) 


Nkw  HA.Mi>siiiRr — John  Bro<lh('vl,  l]\hn:u 
'  riiandler.  Jos.sph  Hamnions.  .Jonathan  Harvn 
I  Henry  Hulil)ard,  John  AV.  Weeks — (i. 
I  Massa(III»etts — John  Bailey,  Issnr  C.B.itf., 
I  B.  W.  Crowninshield,  John  Davis,  Hinry  \\ 
I  Dwijrht.  Kilwanl  Evei-ett,  Benjamin  (idrhnm 
i  (leorge  tJrcnnell,  jr.,  James  L.  Hodges.  .Joxti, 
i  (J.  Kemlall,  .John  Reed,  Jo.-ej)h  Iticlianl-n 
John  Vamnm — 13. 

Kmode  Iulakd — Tristam  Burge.ss,  Dutco  J 
Pearce— 2. 

CoNNECTiciT — Noyes  Barber,  Wm.  W,  Y.\\. 
worth,  J.  AV.  Huntington,  Ralph  J.  liigcrsiil 
W.  L.  Storrs,  Eben  Young— G. 

Vermont — William  Cahoon,  Horace  Kvcrc" 
Jonathan  Hunt,  RoUin  C.  Mallary,  Beiijamn 
Swift—.'). 

New-York — William  G.  Angel,  Bencdiet  .\r. 
nold,  Tliomas  Bcekman,  Abraham  Bockec,  PtUr 
I.  Borst,  C.  C,  Oambreleng,  Jacob  Cnxjiitron 
Timothy  Childs,  Henry  B.  Cowles,  Hector  Cnij;' 
Charles  G.  Dewitt,  John  D.  Dickinson,  .Jor.as 
Earll,  jr.,Gcorge  Fisher,  Isaac  Finch,  Michael  Hdtl'. 
man,  Joseph  Hawkins, iJfihielJIJialsey,  Perkins; 
King,  James  W.  Lent,  John  Magce,  Henry  (', 
Martindale,  Robert  Monell,  Thomas  Maxwell,  E, 
Norton,  Gcrshom  Powers,  Robert  S.  Rose,  lit;,. 
ry  R.  Storrs,  James  Strong,  Ambrose  Sjiciictr. 
John  W.  Taylor,  Phineas  L.  Tracy,  Gulian.  C 
Verplanck,  Campbell  P.  White— 34. 

New  Jersey — Lewis  Condict,  Richanl  M, 
Cooper,  Thomas  11.  Hughes,  Isaac  Pierson! 
James  F.  Randolph,  Samuel  Swan — G. 

Pennsylvania — James  Buchanan,  Riclwrd  i 
Coulter,  Thomas  II.  Crawford,  Joshua  Evaix, 
^hauncey  Forward,  Joseph  Fry,  jr.,  James  Fori 
Lines  Green,  John  Gilmore,  Joseph  Hemphil{ 
Peter  Ihrie,  jr.,  Thomas  Irwin,  Adam  Kin:! 
George  G.  Leipcr,  II.  A.  Muhlenburg,  Altm 
Marr,  Daniel  H.  Miller,  William  McCreery.  Wjl- 
liam  Ramsay,  John  Scott,  Philander  Stephens, 
John  B.  Sterigerc,  Joel  B.  Sutherland,  Samucj  | 
Smith,  Thomas  H.  Sill— 25.    (  One  vacant.) 

Delaware — Kensy  Johns,  jr. — 1. 

Maryland — Elias  Brown,  Clement  Dorsej, 
Benjamin  C.  Howard,  George  E.  Mitchell,  Mi- 
chael C.  Sprigg,  Benedict  I.  Semmes,  Richanl  j 
Spencer,  George  C.  Washington,   Ephraira  K, 
Wilson— 9. 

Virginia — Mark  Alexander,   Robert  Allei  | 
Wm.  S.  Archer,  Wm.  Armstrong,  jr.,  John  S. 
Barbour,  Philip  P.  Barbour,  J.  T.  BouMinj 
Richard    Coke,   jr.,  Nathaniel     II.   Claiborne, 
Robert  B.    Craig,   Philip   Doddridge,  Tlioniai| 
Davenport,  William  F.   Gordon,  Lewis  Max- 
well,   Charles    F.    Mercer,    William    McCoy.  | 
Thomas  Newton,  John  Roane,  Alexander  Smjtii, 


Andrew   Stevenson, 
Trezvant— 22. 

North  Carolina- 
Barringer,  Samuel  P, 


Jolm    Taliaferro,    Jamts 

-Willis  Alston,  Lanid  L 
Carson,  II.  W.  Conner,  | 


\!iDutlie,  William  T 


Edmund  Deberry,  Edward  B.  Dudley,  Thoniu 
H.  Hall,  Robert  Potter,  William  B.  Shcpard, 
Augustine  II.  Shepperd,  Jesse  Speight,  Lewiil 
W  illianis— 12.    (  One  vacant.) 


AXXO  1829.     ANDREW  JACKSON,  PRESiriF.NT. 


1-21 


SofTit  Carolina — Kolicrt  W.  Hnmwi'l),  James 
Bur.  Jul'"  CainnlK'Il,  Wurrt-n  U.  DaviH.  Wil- 
i,!i,   l)nivton,    William     I).    Martin,    ficorpt 


MoDutlie,  William  T.  Nuckolls,  Starling  Tucker 

(ir.oRC-M — Thomas    F.    Forstcr,   Charles    E. 

.Iivnis,  Wilson    L\impkin,   Henry   (J.  Lamar, 

I  Wiky  Thompson,  Uiclmrd  II,  Wilde,  James  M. 

I  IVavnc — "• 

KKNTr'KV — James  Clark,  N.  D.  Coleman, 
T!,uma.s  Chilton,  Henry  DaivicI,  Nathan  Gaither, 
i;.  M.  Jolmson,  John  Kinkaid,  Joseph  Lccompte, 
CliitteniUii  Lyon,  Kobert  P.  Letcher,  Charles 
A.  Wicklitre,  Joel  Yancoy— 12. 

Ti:NNf".ssEK — John  Blair,  John  Bell,  David 
I'rockett,  llobcrt  Desha,  Jacob  C.  laacks.  Cave 
•lohnson,  I'ryor  Lea,  James  K.  Polk,  James 
Mandifer— ^). 

'  Ohio — Mordecai  Bartley,  Joseph  IT.  Crane, 
Hvilliam  Creighton,  James  Findlay,  John  M. 
(IwJ^now,  AVm.  W.  Irwin,  Wm.  Kennon,  Wra. 
;ii<sell.  William  Stanberry,  James  Shields,  John 
Thomson,  Joseph  Vance,  Samuel  F.  Vinton, 
ilisha  Whittlesey — 14. 

Louisiana — Henry  H.  Gurlcy,  "W.  H.  Over- 
on.  Edward  D.  White — 3, 

IsniA.NA — llatliff  Boon,  Jonathan  Jennings, 
[ohuTest— 3. 

Alabama- -R.  E.  B.  Baylor,  C.  C.  Clay.  Dix- 

a  11.  Lewis. — 3. 

.Mississippi — Thomas  Hinds — 1. 

Illinois — Jo.seph  Duncan — 1. 

Missouri — Spencer  Pettis — 1. 

DELEGATES. 

Michigan  Territory — John  Biddle — 1. 
Arkansas  Territory — A.  H.  Sevier — 1. 
Tlorida  Territory — Joseph  M.  White — 1. 

Andrew  Stevenson,  of  Virginia,  was  re-elected 
icakcr  of  the  House,  receiving  152  votes  out  of 
llil ;  and  he  classing  politically  with  General 
gackson,  this  large  veto  in  his  favor,  and  the 
nsU  one  against  him  (and  that  scattered  and 
krown  away  on  several  different  names  not  can- 
pdatcs),  announced  a  pervading  sentiment  among 
p  people,  in  harmony  with  the  presidential  elcc- 
b— and  showing  that  political  principles,  and 
jot  military  glare,  had  produced  the  G  nerpl's 
lection, 


CHAPTER   XLI. 

EST  ANNUAL  MESSAGE  OF  GENERAL  JACKSON 
TO  TUE  TWO  HOUSES  OP  CONGRESS. 

^E  first  annual  message  of  a  new  President, 
always  a  recommendation  of  practical 


moasnrofi,  i«  looked  to  with  more  interest  th.m 
the  inaugural  ad<irt>Ks.  coiiflntMl  ns  this  latter 
mu.«t  bo.  to  a  declaration  of  jft'ncrul  iiriiicipliw. 
That  of  General  Jackson,  (Jelivtrf  1  the  8th  of 
Dccemt)cr,  1829,  was  therefore  anximmly  looke^l 
for;  and  did  not  disappoint  the  pulilit' e.xpeota- 
tion.  It  was  stronj^ly  democratic,  aii'l  contained 
many  recommendations  of  a  nature  to  simplify, 
and  purify  the  working  of  the  povcrnmcnt,  an  1 
to  carry  it  bock  to  the  times  of  Mr.  Jefferson — 
to  promote  its  economy  and  elliciency,  and  to 
maintain  the  rights  of  the  people,  and  of  the 
States  in  its  administration.  On  the  subject  of 
electing  a  President  and  Vice-President  of  tho 
United  States,  ho  spoke  thus : 

"I  consider  it  one  of  tho  most  urpent  of  my 
duties  to  bring  to  your  attention  tho  propriety 
of  amending  that  part  of  our  Constitution  which 
relates  to  the  election  of  President  and  Vice- 
President.  Our  system  of  government  was.  by 
its  framers,  deemed  an  experiment ;  and  they, 
therefore,  consistently  provided  a  mode  of  remu- 
dying  its  defects. 

"  To  the  people  belongs  the  right  of  electing 
their  chief  magistrate:  it  was  never  dcsigne(l 
that  their  choice  should,  in  any  ca.se,  bo  defeated, 
either  by  tho  intervention  of  electoral  colleges, 
or  by  the  agency  confided,  under  certain  contin- 
gencies, to  the  House  of  Representatives.  Expe- 
rience proves,  that,  in  proportion  as  agents  to 
execute  the  will  of  the  people  are  multiplied, 
there  is  danger  of  their  wishes  being  frustrated. 
Some  may  bo  unfaithful :  all  are  liable  to  err. 
So  far,  therefore,  as  the  people  can,  with  conve- 
nience, speak,  it  is  safer  for  them  to  express  their 
own  will. 

"  In  this,  as  in  all  other  matters  of  public  con- 
cern, policy  requires  that  as  few  impediments  as 
possible  should  exist  to  the  free  operation  of  the 
public  will.  Let  us,  then,  endeavor  so  to  amend 
our  system,  as  that  the  office  of  chief  magistrate 
may  not  be  conferred  ujion  any  citizen  but  in 
pursuance  of  a  fair  expression  of  the  will  of  tho 
majority. 

"I  would  therefore  recommend  such  an  amend- 
ment of  the  constitution  as  may  remove  all  in- 
termediate agency  in  the  election  of  President 
and  Vice-President.  The  mode  may  be  so  regu- 
lated as  to  preserve  to  each  State  its  present 
relative  weight  in  the  election;  and  a  failure 
in  the  first  attempt  may  be  provided  for,  by  con- 
fining the  second  to  a  choice  between  the  two 
highest  candidates.  In  connection  with  such  an 
amendment,  it  would  seem  advisable  to  limit  the 
service  of  tno  chief  magistrate  to  a  single  term, 
of  cither  four  or  six  years.  If,  however,  it  should 
not  be  adopted,  it  is  worthy  of  consideration 
whether  a  provision  disqualifying  for  office  the 
Representatives  in  Cingress  on  whom  such  an 
election  may  have  devolved,  would  not  bo 
proper." 


122 


THIRTY  YEARS*  VIEW. 


Thi»  rocomniumlation  in  relation  to  our  elec- 
tion s}Hfiin  h&n  ni)t  yet  l)een  cftrrie«l  into  effect, 
f  lionph  (loiihtloss  in  Imnnony  with  the  principles 
of  our  povcrjiinent,  necessary  to  prevent  abuses, 
and  now  frenerally  demanded  by  this  voice  of  the 
lit>op!f.  IJiit  the  initiation  of  amendments  to  the 
fr<kTal  constitution  u  too  far  removed  from  the 
people.  It  is  in  the  hands  of  Congress  and  of 
tlie  State  legislatures ;  but  even  there  an  almost 
ini|)Ossible  majority — that  of  two  thirds  of  eoch 
House,  or  two  thirds  of  the  State  legislatures — 
is  required  to  commence  the  amendment ;  and  a 
still  more  diflicult  majority  —  tlmt  of  three 
fourths  of  the  States — to  complete  it.  Hitherto 
all  attempts  to  procure  the  desired  amendment 
has  failc<l ;  but  the  friends  of  that  reform  should 
not  despair.  The  great  British  jjarliamentary 
reform  was  only  obtained  after  forty  years  of 
annual  motions  in  parliament ;  and  forty  years 
of  organized  action  upon  the  public  mind  through 
societies,  clubs,  and  speeches;  and  the  incessant 
action  of  the  daily  and  periodical  press.  In  the 
meantime  events  are  becoming  more  impressive 
advocates  for  this  amendment  than  any  language 
could  be.  The  selection  of  President  h.iS  gone 
from  the  hands  of  the  people — usurped  by  irre- 
sponsible and  nearly  self-constituted  bodies — in 
which  the  selection  becomes  the  result  of  a  jug- 
gl",  conducted  by  a  few  adroit  managers,  who 
bailie  the  nomination  until  they  are  able  to 
govern  it,  and  to  substitute  their  own  will  for 
that  of  the  people.  Perhaps  another  example  is 
not  upon  earth  of  a  free  people  voluntarily  relin- 
quishing the  elective  franchise,  in  a  case  so  great 
as  that  of  electing  their  own  chief  magistrate, 
and  becoming  tlie  passive  followers  of  an  irre- 
sponsible body— juggled,  and  bafHed,  and  govern- 
ed by  a  few  dextrous  contrivers,  always  looking 
to  their  own  interest  in  the  game  which  they 
play  in  putting  doivn  and  putting  up  men. 
Certainly  the  convention  system,  now  more  un- 
fair and  irresponsible  than  the  exploded  congress 
caucus  system,  must  eventually  share  the  same 
fate,  and  be  consigned  to  oblivion  and  disgrace. 
In  the  meantime  the  friends  of  popular  election 
should  press  the  constitutional  atnendment  which 
would  give  the  Presidential  electJin  to  the  peo- 
ple, and  discard  the  use  of  an  intermediate  body 
which  disregards  the  public  will  and  reduces  the 
people  to  the  condition  of  political  automatons. 

Closely  allied  to  this  proposed  reform  was 
another  recommended  by  the  President  in  rela- 


tion to  mcml)rni  of  Congress,  and  to  exrlu',, 
them  generally  from  executive  opi)<)iiitni(,it, 
and  es])vciully  from  apiKtintmenta  coiifcrrcfl  I- 
the  President  for  whom  they  voted.    TIr.  ,.,' 
is  the  same  whether  the  member  votes  in  ti,,. 
House  of  Representatives  when  the  election  cdiA 
to  that  body,  or  votes  and  manages  in  a  Con'^rtsJ 
caucus,  or  in  a  nominating  convention.    The  vj 
in  cither  case  opens  the  door  to  corrupt  {iraciin^;. 
and  should  bo  prevented  by  legal,  or  constiti.l 
tional  enactments,  if  it  cannot  be  restrained  (jyl 
the  feelings  of  decorum,  or  repressed  by  piibiil 
opinion.    On  this  point  the  message  thus  rtcoiD.! 
mended : 

"  While  members  of  Congress  can  be  consii- 
tutionally  appointed  to  ottlces  of  trust  and  protiJ 
it  will  be  the  practice,  even  under  the  most  conJ 
scientious  adherence  to  duty,  to  select  them  fori 
such  stations  as  they  are  believed  to  be  better! 
qualified  to  fill  than  other  citizens ;   but  thel 
purity  of  our  government  would  doubtle.<!.s  h«| 
promoted  by  their  exclusion  from  all  ap[)ointJ 
ments  in  the  gift  of  the  President  in  who.<se  tlecl 
tion  they  may  have  been  officially  concerned.  Thi 
nature  of  the  judicial  office,  and  the  nccEiniiTl 
of  securing  in  the  cabmet  and  in  diplomatic  stv 
tions  of  the  highest  rank,  the  best  talents  airj 
political  exporienco,  should,  perhaps,  except  thes 
from  the  exclusion. 

On  the  subject  of  a  navy,  the  message  m 
tained  sentiments  worthy  of  the  democracy  ia  in 
early  day,  and  when  General  Jackson  wasi 
member  of  the  United  States  Senate.  The  i 
publican  party  had  a  policy  then  in  respect  lij 
a  navy :  it  was,  a  navy  for  defence,  instead  ( 
CONQUEST ;  and  limited  to  the  protection  of  ooi 
coasts  and  commerce.  That  policy  was 
pressively  set  forth  in  the  celebrated  instruction^ 
to  the  Virginia  senators  in  the  year  ] 
which  it  was  said : 

"  With  respect  to  the  navy,  it  may  ')c  prop 
to  rea>ind  you  that  whatever  may  bo  the  pro 
posed  object  of  its  establishment,  or  whatcvi 
may  be  the  prospect  of  temporary  advantaj 
resulting  therefrom,  it  is  demonstrated  uy  I 
experience  of  all  nations,  who  have  ventured  fij 
into  naval  policy,  tbit  such  prospect  is  ultimat* 
ly  delusive ;  and  tl.it  a  navy  has  ever  in  pracdiij 
been  known  more  as  an  instrument  of  po\re^ 
a  source  of  expense,  and  an  occasion  of  collisiv 
and  wars  with  other  nations,  than  as  an  instr 
ment  of  defence,  of  economy,  or  of  protection  ( 


commerce. 


)) 


These  were  the  doctrines  of  the  republi 
party,  in  the  early  stage  of  our  govemment- 
thc  great  days  of  Jc£fcrson  and  bis  comp 


ANNO  18-W.     ANDKKW  JACKSOX.  IKHslUF.NT. 


123 


I  ffc  luwl «  |iolicy  then — tlic  result  of  thotipht,  of 

isJ^nicnt,  ond  of  exiK-rii-nco :  a  navy  for  di-fcnco, 

un,l  not  for  conqucat:   and,  conseijiicntly,  con- 

l,,^,Uc  to  a  limited  nunilKT  of  8hi|)8,  adequate  to 

Lfir  tlefinsive    olijcct — insteatl  of    thousands, 

L,,„ti<;  At  tiiu  dominion  of  the  bcos.,!.  Tiiat  policy 

Ljj  overthrown  by  the  success  of  tour  naval 

Luibats  (luring;  the  war ;  and  tho  idea  of  a  great 

Iciw  became  popular,  without  any  definite  view 

iui  cost  and  consequences.     Admiration  fur 

|r<^l  iiphting  did  it,  without  havinj;  tho  same 

Irfrtt  on  the  military  policy.    Our  army  fought 

also,  and  excited  admiration ;  but  without 

Subverting  the  policy  which  interdicted  standing 

limiics  in  time  of  peace.     Tho  army  was  cut 

Idoffn  in  peace:  tho  navy  was  building  up  in 

icaco,     In   this    condition   President  Jackson 

^ound  tho  two  branches  of  tho  service — the  array 

Juccd  by  two  successive  reductions  from  a 

nfn  body  to  a  very  small  one — GOOO  men — and 

ilthough  illustrated  with  military  glory  yet  rc- 

IfiianK  to  recommend  an  army  increase :  the  navy, 

bn  a  small  one  during  the  war,  becoming  large 

Buring  the  peace — gradual  increase  the  law — 

Ihip-building   tho  active    process,   and  rotting 

pm  the  active  effect ;  and  thus  we  have  been 

[oing  on  for  near  forty  years.    Correspondent 

5  his  army  policy  was  that  of  President  Jack- 

|ou  in  relation  to  tho  navy  ;    he  proposed  a 

Lse  in  tho  process  of  ship-building  and  ship- 

nttJDg.    He  recommended  a  total  cessation  of 

|he  further  building  of  vessels  of  the  first  and 

icond  class — ships  of  tho  line,  and  frigates — 

rith  a  collection  of  materials  for  future  use — 

|ii(l  the  limitation  of  our  naval  policy  to  the  ob- 

!ct  of  commercial  protection.    He  did  not  even 

licludc  coast  defence,   his   experience   having 

pwn  him  that  the  men  on  shore  could  defend 

p  land.    In  a  word,  he  recommended  a  naval 

plicy ;  and  that  was  the  same  which  the  re- 

plicans  of  1798  had  adopted,  and  which  Vir- 

]ia  made  obligatory  upon   her   senators  in 

too ;  and  which,  under  the  blaze  of  shining 

jctorics,  had  yielded  to  tho  blind,  and  aimless. 

Id  endless  operation  of  building  and  rotting 

«ful  ships  of  war,    lie  said  : 

I'ln  time  of  peace,  we  have  need  of  no  more 
lips  of  war  than  are  requisite  to  the  protection 
I  our  commerce.  Those  not  wanted  for  this 
kjcct  must  lay  in  the  harbors,  where,  without 
pper  covering,  they  rapidly  decay  ;  and,  even 
der  the  best  precautions  for  their  preserva- 
|n,  must  soon  become  useless.    Such  is  already  [ 


the  rase  with  many  of  our  fhu-Mt  vi-ssi-ls  ;  whirli. 
tliuu^h  uiitliii>lie<l,  will  now  require  inuiiciwc 
sums  of  money  to  Ijo  restored  to  the  conililiMii 
in  which  they  were,  when  conuiiitied  to  tlnir 
i)ro|>or  clement.  On  Oils  sulijeet  there  ran  Ih- 
but  little  doubt  that  best  |M)liry  would  In, 

to  <li;<oontinuu  the  building  of  sliips  of  the  tir^t 
and  second  class,  and  look  rather  to  the  )Mts- 
ses>ion  of  ample  materials,  prepared  for  the 
emergencies  of  war,  thon  to  the  number  of  ves- 
sels which  wo  can  lloat  in  a  season  of  j)euee,  as 
the  index  of  our  nuval  jwwer." 

This  was  written  twenty  years  ago,  and  by  n 
President  who  saw  what  he  described — many  ot 
our  finest  ships  going  to  decay  before  they  were 
finished — demanding  repairs  before  they  had 
sailed — and  costing  millions  for  which  there  was 
no  return.  We  have  been  going  on  at  the  same 
rate  ever  since — building,  and  rotting,  and  sink- 
ing millions ;  but  little  to  show  for  forty  years 
of  ship-carpentry  ;  and  that  little  nothing  to  do 
but  to  cruise  where  there  is  nothing  to  catch, 
and  to  carry  out  ministers  to  foreign  courts  who 
arc  not  quite  equal  to  tho  Franklins,  Adamses 
and  Jeffersons — the  Plnckncys,  llufus  Kings, 
and  Marshalls — tho  Clays,  Gallatins  and  lay- 
ards — that  went  out  in  common  merchant  ves- 
sels. Mr.  Jefferson  told  me  that  this  would  bo 
the  case  twenty-five  j'cars  ago  when  naval  glory 
overturned  national  policy,  and  when  a  navy 
board  was  created  to  facilitate  ship-construction. 
But  this  is  a  subject  which  \yill  require  a  chapter 
of  its  own,  and  is  only  incidentally  mentioned 
now  to  remark  that  we  have  no  policy  with  re- 
spect to  a  navy,  and  ought  to  have  one — that 
there  is  no  middle  point  between  defence  and 
conquest — and  no  sequence  to  a  conquering  navy 
but  wars  with  the  world, — and  the  debt,  taxes, 
pension  list,  and  pauper  list  of  Great  Britain. 

The  inutility  of  a  Bank  of  tho  United  States 
as  a  furnisher  of  a  sound  and  uniform  currency, 
and  of  questionable  origin  under  our  constitution, 
wof.  thus  stated : 

"  The  charter  of  the  Bank  of  ihe  United  States 
expires  in  183G,and  its  stockholdt  rs  will  most  pro- 
bably apply  for  a  renewal  of  their  privileges.  In 
order  to  avoid  the  evils  resulting  from  precipi- 
tancy in  a  measure  involving  such  imjiortant 
principles,  and  such  deep  pecuniary  interests,  I 
feel  that  J  cannot,  in  justice  to  the  parties  inter* 
ested,  too  soon  present  it  to  the  deliberate  con- 
sideration of  the  legislature  and  the  people. 
Both  the  constitutionality  and  the  expediency  of 
the  law  creating  this  bank,  are  well  ques- 
tioned by  a  large  portion  of  our  fellow-citizens  • 
aud  it  must  be  udmittcd  by  all,  that  it  has  failed 


124 


TlIIR'n'  WMIH'  VIEW. 


in  the  (rrtat  vwl  of  o.-^lnljli.'-hin^  a  unifonn  ami 
bouiiil  ciirrin<y." 

This  is  the  riaiise  wliirh  pnity  Rpirit,  ami 
lirtiik  tactirs.  pfncrti*!  at  the  tiiiif  fund  wliioh 
huH  >;orie  into  history),  into  an  attatk  iiiKin  tlie 
Imnlv — a  war  \i\xm  tiic  hank — with  a  bail  mo- 
tive attrihiitwl  for  a  war  no  wanton.  At  the 
mine  time  nothing  could  bo  more  fair,  and  just, 
nnd  more  in  consonance  with  the  constitution 
which  rcquircH  the  President  to  make  the  leps- 
lative  recommendations  which  he  believes  to  be 
proper.  It  was  notice  to  all  concerned— the 
ba"k  on  one  side,  and  the  people  on  the  other — that 
there  would  l>o  questions,  and  of  high  import — 
constitutionality  and  expediency — if  the  present 
corporators,  at  the  expiration  of  their  charter, 
should  apply  for  a  renewal  of  their  privileges. 
It  was  an  intimation  against  the  institution,  not 
against  its  administrators,  to  whom  a  compliment 
was  paid  in  another  part  of  tiie  same  message,  in 
ascribing  to  the  help  of  their  "judicious  arrange- 
ment "  the  averting  of  the  mercantile  pressure 
which  might  otherwise  have  resulted  from  the 
iudden  withdrawal  of  the  tweive  and  a  half  mil- 
lions which  had  j  ust  been  taken  from  the  bank  and 
ipplied  to  the  payment  of  the  public  debt.  But  of 
this  hereafter.  The  receipts  and  expenditures  were 
itated,  respectively,  for  the  preceding  year,  ftnd 
estimated  for  the  current  year,  t.  le  former  at  a 
fraction  over  twenty-four  and  a  half  millions — 
the  latter  a  fraction  over  twenty-six  millions — 
with  largo  balances  in  tho  treasury,  exhibiting 
the  constant  financial  paradox,  so  difficult  to  bo 
•'ndorstood,  of  permanent  annual  balances  with 
an  even,  or  even  deficient  revenue.  The  passage 
of  the  message  is  in  these  words : 

"  Tho  balance  in  the  treasury'  on  the  1st  of 
January,  1829,  was  five  millions  nine  hundred 
and  Eevent3'-two  thousand  four  hundred  and 
thirty-five  dollars  and  eighty-one  cents.  The 
receipts  of  the  current  year  are  estimated  at 
twenty-four  millions,  six  hundred  and  two  thou- 
sand, two  hundred  and  thirty  dollars,  and  the 
expenditures  for  the  samo  time  at  twenty-six 
millions  one  hundred  and  sixty-four  thousand 
five  hundred  and  ninety-five  dollars ;  leaving  a 
balance  in  tho  treasury  on  the  1st  of  January 
next,  of  four  millions  four  hundred  and  ten  thou- 
sand and  seventy  dollars,  eighty-one  cents." 

Other  recommendations  contained  tho  sound 
democratic  doctrines — speedy  and  entire  extinc- 
tion of  the  public  debt— reduction  of  custom- 
house duties — equal  and  fair  incidental  protec- 
tion to  the  great  national  interests  (agriculture, 
manufactures  and  commerce)— the  disconnection 


of  |X)ljticH  and  tnrifTs — and  the  duty  of  n»(rpn  J 
nu-nt  by  discontinumg  and  abulislnn^  all  u^, 
ulliccs.  In  a  wonl,  it  was  a  inessa^ro  of  tho,, 
rcpulilican  school,  in  which  President  Jjd;  j 
had  l>crn  bred ;  and  from  which  ho  Im'l  nevJ 
dcpartcil ;  and  which  cncouragcfl  the  yoiin<: 
ciplis  of  democracy,  and  consoled  tho  old  wirt  J 
ing  fathers  of  that  school. 


CHAPTER    XLII. 

TIIK  KKCOVKnT   OF  TIIK  DIRKCT  TI!A!)K  V^ 
TlIK  BUrridil  WKST  INDIA  ISLANli.s. 

The  recovery  of  this  trade  had  been  a  lurpci, 
jcct  with  tho  American  government  from  i|^ 
time  of  its  establishment.    As  British  coloni 
wo  enjoyed  it  bf  foro  tho  Revolution ;  as  rcvol;« 
colonics  we  lost  it ;  and  as  an  independent  i 
tion  wo  sought  to  obtain  it  again.    Tho  posiiid 
of  these  islands,  so  near  to  our  ports  and  short 
— tho  character  of  tho  exports  they  rcccivJ 
from  us,  being  almost  entirely  tho  product  i 
our  farms  and  forests,  and  their  large  amoiigl 
always  considorallo,  and  of  lato  some  four  mil 
lions  of  dollars  per  annum — the  tropical  pri 
ductions  which  we  received  in  return,  and  in 
largo  employment  it  gave  to  our  navigatioo- 
all  combined  to  give  a  cherished  value  to  t 
branch  of  foreign  trade,  and  to  stimulate  oij 
government  to  tho  greatest  exertions  to  obu 
and  secure  its  enjoyment ;  and  with  the  advi^ 
tago  of  being  carried  on  by  our  own  vcss 
But  these  were  objects  not  easily  attainaU 
and  never  accomplished  untn.  i,ne  administiati 
of  President  Jackson.     All  powers  are  jcaloj 
of  alien  intercourse  with  their  colonics,  and  m 
a  natural  desire  to  retain  colonial  trade  in  tin 
own  hands,  both  for  commercial  and  mlitig 
reasons ;  and  have  a  perfect  right  to  do  soj 
they  please.    Partial  and  conditional  admisiiJ 
to  trade  with  their  colonies,  or  total  exclusit 
from  them,  is  in  the  discretion  of  the  moth 
country ;  and  any  participation  in  their 
by  virtue  of  treaty  stipulations  or  legislatii 
enactment,  is  the  result  of  concession— gener 
ly  founded  in  a  sense  of  self-interest,  or  at  1 
in  a  calculation  of  mutual  advantage.   No  I 
than  six  negotiations  (besides  several  MmA 
at  "concerted  legislation")  had  becncarriedj 


ANNO  1839.    ANDREW  JACKSON.  I'KI>n)F.NT. 


125 


as  rcvoltJ 


jion— genet 
*stj  or  at  1 
age.  Xo  1 
eral  attcni 
ecn  carridil 


L.«ecD  the  I'nitol  StatcH  and  (irt-at  Britain  on 
\i}0  lubject ;  and  all,  until  the  iccond  3-ear  of 
lotDcrtl  JackHoii'x  adiniiiiMtration,  n>siiltin^  in 
lM(hiiiR  more   tlinn   liinitfd  cc    '  -<Nions   for  a 
\rttr.  or  Tor  ttliort  tcrniH ;  and  Fonictiincii  cou- 
1^4  witli  conditions  which  nullitlud  the  privi- 
K,,.    It  was  a  primary  ohjcct  of  concern  with 
li„ijt'rai  Washington':!  adniiniHtratiun  ;    and  a 
n;;.iv(k'<i)^2  of  the  action  then  had  u|)un  it  eliici- 
ijits  both  the  Tuliic  of  the  trade,  the  dilliculty 
Lf<:ttting  oihnission  to  its  participation,  and  the 
3t  of  Great  Britain  to  admit  or  deny  its  cn- 
firment  to  others.     General  Washington  had 
(nctical  knowledge  on  the  Kuhjcct.     He  had 
*n  it  enjoyed,  and  lost — enjoyed  Bs  British 
(ilijucts,  lost  as  revolted    colonics  and    inde- 
Luilont  states — and  knew  its  value,  both  from 
use  and  the  loss,  and  was  most  anxious  to 
«vcr  it.    It  was  almost  the  first  thing,  in  our 
^aign  relations,  to  which  he  put  Itis  hand  on 
DDiing  President ;  and  literally  did  ho  put 
lnhand  to  it.    For  as  early  as  the  14th  of  Oc- 
loiiT,  1789— just  six  months  after  his  inaugura- 
U-in  a  letter  of  unofficial  instructions  to  Mr. 
poiivemeur  Morris,  then  in  Europe,  writf  m 
tith  his  own  hand  (requesting  him  to  sonn  1 
jhc  British  government  on  the  subject  of  a  com- 
l.e'cial  treaty  with  the  United  States),  a  point 
liat  he  made  was  to  ascertain  their  views  in  re- 
^lion  to  allowing  us  the  "privilege"  of  this 
Privilege  was  his  word,  and  the  instruc- 
(on  ran  thus :  "  Let  it  bo  strongly  impressed 
1  your  mind  that  the  privilege  of  carrj'ing  our 
ductions  in  our  own  vessels  to  their  islands, 
bd  brin:;ing,  in  return,  the  productions  of  those 
bands  to  our  ports  and  markets,  is  regarded 
Ire  as  of  the  highest  importance,"  &c. 
I  It  was  a  prominent  point  in  our  very  first  ne- 
Itiation  with  Great  Britain  in  1794 ;  and  the 
ptructions  to  Mr.  Jay,  in  May  of  that  year, 
lows  thai  idmission  to  the  trade  was  then 
kly  asked  as  a  privilege,  as  in  the  year  '89 
Id  upon  terms  of  limitation  and  condition. 
lis  is  so  material  to  th3  right  understanding 
[this  question,  and  to  the  future  Iiistory  of  the 
,  and  especially  of  a  debate  and  vote  in  the 
Date,  of  which  President  Jackson's  instruc- 
bns  through  Mr.  Van  Buren  on  the  same  sub- 
let was  made  the  occasion,  that  I  think  it  right 
j  giTe  the  instructions  of  President  Washing- 
1  to  Mr.  Jay  in  his  own  words.    They  were 


"  If  to  the  actual  fiiotinf;  of  our  roiniiuTi'f  »i,d 
i'..'>vif;ation  in  the  ltriti>li  Kiiro|N'iiii  iI<>iiiiiiii>ih 
could  l>«  added  tlic  privilcp-  of  carrvin:;  dirti'tlv 
from  the  Tniti-d  StatcM  to  the  Itrilish  \Vr-.i  In- 
dien  in  our  own  Ixittoms  p'twraliy,  or  of  ctTtiiiii 
8|KTi(ied  burthenN,  the  arlirloii  whidiKy  thv  Ait 
of  Pariinnient,  '2i*,  <Jeo.  III.,  <-hi»|i.  ti,  nmy  I*' 
carried  thither  in  British  Ixittonis,  nixl  of  lirin};- 
itili  them  thence  directly  to  the  liiiliil  Slates  in 
Auicricun  liottoms,  this  would  alli)rd  an  ni  (T|ita- 
blc  basis  of  treaty  fur  a  term  nut  exceetluii;  lit- 
teen  years." 

An  article  was  inserted  in  the  treaty  in  con- 
formity to  these  principles — our  carrying  vessels 
limited  in  point  of  burthen  to  seventy  tons  and 
under ;  the  privilege  limited  in  point  of  duration 
to  the  continuance  of  the  then  existing  war  Imj- 
tween  Great  Britain  and  the  French  Republic, 
and  to  two  years  after  its  termination  ;  and  re- 
stricted in  the  return  cargo  both  as  to  the  na- 
ture of  the  articles  and  the  port  of  their  destina- 
tion. These  were  hard  terras,  and  precarious 
and  the  article  containing  them  was  "  suspended  " 
by  the  Senate  in  the  act  of  ratification,  in  the 
hope  to  obtain  better ;  and  are  only  quoted  here 
in  order  to  show  that  this  direct  trade  to  tha 
British  West  Indies  was,  from  the  beginning  of 
our  federal  government,  only  sought  as  a  privi- 
lege, to  bo  obtained  under  restrictions  and  limi- 
tations, and  subordinately  to  British  policy  and 
legislation.  This  was  the  end  of  the  first  nego- 
tiation; five  others  were  had  in  the  ensuing 
thirty  years,  besides  repeated  attempts  at  "  con- 
certed legislation  " — all  ending  either  abortively 
or  in  temporary  and  unsatisfactory  arrange 
mcnts. 

The  most  important  of  these  attempts  wag  in 
the  years  1822  and  1823 :  and  as  it  forms  an  es- 
sential item  in  the  history  of  this  case,  and  shows, 
besides,  the  good  policy  of  letting  "well-enough" 
alone,  and  the  great  mischief  of  inserting  an  ap- 
parently harmless  word  in  a  bill  of  which  no  ono 
sees  the  drift  but  those  in  the  secret,  I  will  hero 
give  its  particulars,  adopting  for  that  purpose 
the  language  of  senator  Samuel  Smith,  of  Mary- 
land,— the  best  qualified  of  all  our  statesmen  to 
speak  on  the  subject,  he  having  the  practical 
knowledge  of  a  merchant  in  addition  to  experi- 
ence OS  a  legislator.    His  statement  is  this : 

"  During  the  session  of  1822,  Congress  was  in- 
formed that  an  act  was  pending  in  Parliament 
for  the  opening  of  the  colonial  ports  to  the  com- 
merce of  the  United  States.  In  consequence,  an 
act  was  passed  authorizing  the  President  (thev 


120 


THIKTY  YKARS*  VIEW. 


Mr.  >fonnH>).  in  rn^o  th«  iet  of  I'nrliflrnont  wiw 
Hiitixfii/'l'iry  to  liiiii.  to  o|k'Ii  tin-  |Kirti  of  Ihf 
I'liitfil  S(nt<-8  to  ItritiMli  vcmm-N  \ty  liw  iirfioln- 
tiinlioii.  'I'hu  art  of  I'nrliniiiciit  wa.s  <l('<>fni'<l 
Mitihfiictorv,  "ikI  a  |ir<>rlimmli()ii  wiis  arconliiifrly 
issued,  ancf  tlii'  trmli'  coinini'icfil.  I'lir'irtiiimte- 
\y  for  our  rotnrncrri',  nn<l  I  think  contrnry  to 
jiiMticc,  a  triMisiiry  rircnjnr  issiu'd,  directinj?  the 
n»llc'«;toi-s  t(»  clini'tfo  lirilisli  vessels  entering  our 
|)orts  Willi  ttu!  ulieii  toimii^re  ami  diseritninntinf; 
duties.  'I'JiiH  oriler  wax  retiioiiHl rated  npiiiist  l)y 
the  Itritisli  minister  (I  tliiiik  .Mr.  \'iiii};han). 
'I'iio  tra<le,  however,  went  on  iniinterrupted. 
Conprcss  met,  and  a  l>ill  was  drafted  in  Ih'Zi  Jiy 
Mr.  Adams,  then  iSeen-tary  ofiStatc,  and  pa-sst^l 
hoth  Houses,  with  little,  it  any,  dehate.  I  voted 
for  it,  In-Iievin^j  that  it  met.  in  a  spirit  of  reci- 
i)rooity,  the  IJritish  act  of  I'arlianient.  This  bill, 
liowever,  contained  one  little  word,  '' el.scwiicrc," 
which  completely  defeated  all  our  expectations.  It 
wa.s  noticed  by  no  one.  'I'lio  senator  from  Mas- 
sacliu.setts  (Mr.  AVebstcr)  may  liavo  nnderstootl 
its  elll-ct.  If  he  did  so  understand  it,  ho  was  si- 
lent. The  eflect  of  that  i^ord  "elsewhere "  was 
to  a.s.snmu  the  pretensions  alluded  to  in  tho  in- 
structions to  Jlr.  Mclianc.  (Pretension  to  a 
'•  ^i^'ht "  in  the  trade.)  Tho  result  wa.s,  that  the 
British  government  sliiit  their  colonial  ports  im- 
mediately, and  thenceforward.  This  act  of  1822 
^ave  us  a  monopoly  (virtually)  of  tho  West  In- 
dia trade.  It  admitted,  free  of  duty,  n  variety 
of  articles,  such  as  Indian  corn,  meal,  oats,  peas, 
and  bcan.s.  Tho  British  povernment  thought 
we  entertained  a  belief  that  they  could  not  do 
without  our  produce,  and  by  their  acts  of  the 
27th  June  and  5th  July,  1825,  they  opened  their 
ports  to  all  tho  world,  on  terms  far  less  advan- 
tageous to  the  United  States,  than  those  of  the 
act  of  1822." 

Such  is  the  imix>rtant  statement  of  General 
Smith.  Mr.  Webster  was  present  at  tho  time, 
and  said  nothing.  Both  these  acts  were  clear 
rights  on  the  part  of  Great  Britain,  and  that  of 
1825  contained  a  limitation  upon  the  time  within 
which  each  nation  was  to  accept  tho  privilege  it 
offered,  or  lose  tho  trade  for  ever.  This  legisla- 
tive privilege  was  accepted  by  all  nations  which 
had  any  thing  to  send  to  the  British  West  Indies, 
except  the  United  States.  Mr.  Adams  did  not 
accept  the  proffereil  privilege — undertook  to  ne- 
gotiate for  better  terms — faile»l  in  tho  attempt — 
and  lost  all.  Mr.  Clay  was  Secretary  of  State, 
Mr.  Gallatin  the  United  States  Minister  in  Lon- 
don, and  the  instructions  to  him  were,  to  insist 
upon  it  as  a  "right "  that  our  produce  should  be 
admitted  on  the  same  terms  on  which  i)roduce 
from  the  British  possessions  were  admitte<I. — 
This  was  the  "elsewhere,"  Ac.  Tho  British 
f;overnment  refused  to  negotiate ;  and  then  Mr. 


Gallatin  wan  instniotol  to  waive  tomporAr' 
the  demand  of  right,  and  arrept   the  privj', 
otrere<l  by  the  tu-t  of  182.').     Hut   in  the  „,!, 
time  the  year  allowed  in  tho  aet  for  \U  tm.J 
anro  had  expired,  an<I  .Mr.   Gallatin   wn^  tr,i 
that  his  oiler  wa.H  Um  late!     To  that  answiri] 
British  ministry  adhered;  and,  from  the  i,i.,ni 
of  July,  I82(J,  tho  direct   tnwlo   to   tho  Knij.i 
West  Indies   was   lost   to  our  citizens,  li.»,|J 
them  no  mode  of  getting  any  sliaro  in  thattrvie 
either  in  sending  out  onr  productions  or  rw^;, 
ing  theirs,  but  through  tho  ex|)cnsive,  titli„iu 
and  troublesome  process  of  a  circuitous  vovai 
and  tho  intervention  of  a  foreign  vessel,   Tlj 
shock  and  dissatisfaction   in  tho  United  -StaJ 
were  extreme  at  this  unexiN!ctc<l  bervuvinun;! 
and  that  dissotisfaction  entered  largely  into  i|, 
political  feelings  of  tho  day,  ond  became  a  |K,ij 
of  attack  on  Mr.  Adam-s's  administration,  am]  a 
element  in  the  presidential  canvass  which  mil 
in  his  defeat. 

In  giving  an  accoimt  of  this  untoward  evij 
to  his  government,  Mr.  Gallatin  gave  an  accoiid 
of  his  final  interview  with  Mr.  IIuskis.son,  fnJ 
which  it  ap{)eared  that  tho  claim  of  "ri|jlit"  oi 
tlw  part  of  tho  United  States,  on  which  Mr.  fij 
latin  hod  been  instructed  to  " insist,"  was 'tcni 
porarily  waived ;"  but  without  effect.    IrritatioJ 
on  account  of  old  scores,  as  expressed  bv  JlJ 
Gallatin — or  resentment  at  our  pertinacious  peJ 
sistenco  to  secure  a  "right"  where  tho  rcst( 
tho  world  accepted  a  "  privilege,"  as  intimate 
by  Mr.  Iluskisson — mixed  itself  with  thei 
fusal;  and  the  British  government  iuihcrcdi 
its  absolute  right  to  regulate  the  foreign  In^ 
of  its  colonies,  and  to  treat  us  as  it  did  the  i 
of  tho  world.     The  following  arc  passages  foj 
Mr.  Gallatin's  dispatch,  from  London,  Scptcmlx 
11.  1827: 

'•  Mr.  Huskis.son  said  it  was  the  intentinn  ( 
the  Briti.sh  povernment  to  consider  the  inter 
course  of  the  British  colonies  as  being  e.xclii«m 
ly  under  its  control,  and  any  relaxation  ip 
the  colonial  system  as  on  indulgence,  to 
grttntcd  on  such  terms  as  might  suit  the  polr 
of  Great  Britain  at  the  time  it  was  grantd. 
said  every  question  of  right  had,  on  this 
sion,  been  waived  on  the  part  of  thelnitij 
States,  tho  only  object  of  tho  present  inqiiii 
being  to  a.scertain  whether,  as  a  matter  of  di^ 
tual  convenience,  the  intercourse  might  not  I 
ojHined  in  a  manner  satisfactory  to  both  com 
tries.  lie  (Mr.  H.)  said  that  it  had  apjicnredij 
if  America  had  entertained  the  opinion  that  I 


ANNO  182*     ANDUEW  JACKSON,  rRF>*niKNT. 


1J7 


llniifh  ^V<'>'t  IndicH  ooiild  not  pJiiNt  witlioiit  her 
LrlJii"-;  nii'l  timi  >lie  iiii;:ht,  thcn'fon',  coiniicl 
ji .,,1  lltit.iiii  to  ii|K'n  ilic  iiilcri'Durxo  on  any 
Itrm""''''  pi''"*'''!.  I  (lixflniini'd  nny  Mirh  M'wf 
L  iiiti'iitiiin  rui  tlif  pari  "f  tlio  liiiti-*!  SlnU-x. 
lib!  It  «|'|iui>r<Hl  to  nic,  anil  I  intinmU-*!  it,  in<lcv<|, 
III) Mr.  llii>*ki>.son,  lliat  lie  Hits  ml'iuif  rntliiT  iin- 
l^-thp  inlliitiicf  iif  irritatcil  fcflin^-*,  on  nn-oiint 

^r4«tevi'ii»'<,  than  with  a  view  to  tho  mutual 

jure.tx  of  Iwth  parlius." 

jlij^  WHS  Mr.  flallatin's  Iitst  disjiatcli.  An 
fl-f  in  council  was  issued,  intiTdiclin^  the  trade 

l,  tl:'  I'nited  States;  and  lio  returned  home. 
Ir.  James  IJarhour,  Secretary  at  War,  was  sent 
)I,(inilon  to  replacu  )iim,  and  to  attempt  a(;nin 

Iv  rc'piilse<l  negotiation  j  Init  without  succors. 
;  IJritisli  government  refused  to  open  tho  ques- 
Kn;  and  thus  tho  direct  ncccss  to  this  valuable 
Iwnracrce  remained  scaled  apainst  us.  President 
l!»m^,  lit  tho  commencement  of  the  session  of 

fuiiyrci's.  1827-28,  formally  communicated  this 
^tto  that  body,  and  in  terms  which  showed  at 
tK  t' "t  an  insult  hod  been  received,  an  injury 
LsUinwl,  redress  refused,  and  ill-will  established 
jetncn  tho  two  governments,     IIo  said: 

"At  the  commencement  of  tho  last  session  of 
t)iii:ri'!iM,  tlioy  were  informed  of  tho  sudden  and 
licsiK'Olcd  exclusion  by  tho  British  povcrnmcnt, 
iKWRS,  in  vessels  of  the  United  States,  to  all 
Itir  colonial  ports,  except  thoso  immediately 
joitluring  upon  our  own  territory. 
rin  the  amicable  discussions  which  have  suc- 
kled the  odoption  of  this  measure,  which,  as  it 
Irttoliiarshly  tho  interests  of  the  United  States, 
nmc  a  subject  of  expostulation  on  our  part, 
|jrinciples  upon  which  its  justiflcation  has 
HI  placed  have  been  of  a  diverBided  character. 
I  lias  at  once  been  ascril>ed  to  a  mere  recurrence 
i  the  old  long-established  principle  of  colonial 
Uopoly,  nnd  at  tho  same  time  to  a  feeling  of 
tiitinent,  because  the  offers  of  an  act  of  Par- 
Iniont.  oiiening  tho  colonial  ports  upon  certain 
mdilions,  had  not  been  grasped  at  with  sufficient 
kriiiss  by  an  instantaneous  conformity  to 
U.    At  a  subsequent  period  it  has  been  inti- 
(itwl  th;it  the  new  exclusion  was  in  resentment, 
ause  a  prior  act  of  Parliament,  of  1822,  open- 
certain  colonial  porta,  under  heavy  and  bur- 
mmt>  restrictions,  to  vessels  of  the  United 
lates.  had  not  been  reciprocated  by  an  admis- 
In  of  British  vessels  from  tho  colonics,  and 
Vir  cargoes,  without  any  restriction  or  discrimi- 
)tion  whatever.     But,  be  tho  motive  for  the 
lerdiction  what  it  may,  tho  British  government 
ire  manifested  no  disposition,  either  by  negoti- 
JoD  or  by  corresponding  legislative  enactments, 
(recede  from  it ;  and  we  have  been  given  dis- 
Jclly  to  understand  that  neither  of  tho  bills 
lich  were  imder  the  consideration  of  Congress 
I  their  last  session,  would  ba,ve  been  deemud 


Hti(11ri<>nt  in  ihcjr  ct>nr«"«)iion'«  to  lmTi«  Imth  n-wnr  I. 
ed  by  any  nliixation  from  tlic  llnti^h  uili  nliif. 
The  Uritiidi  pivi'rnnu'ut  luivo  not  only  dirlmril 
rH>(;otlntion  u|K)n  the  subjift,  Imt,  by  ihc  |iiiiici- 
|>lu  thcv  have  a.»4utiu>d  with  rel'iTi-iii')'  to  it.  liiiMt 
prt'cludetl  even  the  nicauH  of  ncKotintioii.  It  U- 
owni'S  not  the  wll-resiR-et  of  the  I  iiittil  .*>tnl>s, 
either  to  solicit  gratuitous  fiivoiirs.  or  to  uc<i'|it, 
as  the  Rfiuit  of  a  fuvor.  that  for  wliiili  an  ainplu 
equivalent  is  e.\acte<l." 

This  was  the  communication  of  Mr.  .\ilams  to 
Congress,  and  certainly  nothing  could  be  more 
vexatious  or  ho|ii-1esH  than  the  case  which  he 
presented — an  inj'"")')  on  insult,  n  rebull',  and  n 
refusal  to  talk  with  us  upon  the  subject.  Nep>- 
tiation,  and  the  hope  of  it,  having  thus  terminat- 
ed, President  Adams  did  what  tho  laws  re<iuired 
of  him,  and  issued  his  proclamation  making  known 
to  tho  country  the  total  cesaation  of  nil  direct  com- 
merce between  tho  United  States  and  the  British 
West  India  Islands. 

The  loss  of  this  trade  was  a  great  injury  to  thf 
United  States  (besides  the  insult),  and  was  at- 
tended by  circumstances  wliich  gave  it  the  air  of 
punishment  for  .something  that  was  past.  It  was 
a  rebuff  in  tho  face  of  Europe;  for  while  tho 
United  States  were  sternly  nnd  unceremoniously 
cut  off  from  the  benefit  of  the  act  of  1825,  for 
omission  to  accept  it  within  tho  year,  yet  other 
powers  in  the  same  predicament  (France,  Spain 
and  Russia)  were  permitted  to  accept  after  tho 
year;  and  lh«'  "irritated  feelings"  manifested  by 
Mr.  Iluskisstjn  indicated  a  resentment  which  was 
finding  ts  gratification.  Wo  were  ill-treated, 
and  felt  it.  The  people  felt  it  It  was  an  ugly 
case  to  mauiagc,  or  to  endure;  and  in  this  period 
of  Us  worst  aspect  General  Jackson  was  elected 
President. 

His  position  was  delicate  ond  difBcult.  His 
election  had  been  deprecated  as  that  of  a  rash 
and  violent  man,  who  would  involve  us  in  quar- 
rels with  foreign  nations;  and  here  was  a  dissen- 
sion with  a  great  nation  lying  in  v.nit  for  him — 
prepared  to  his  hand — the  legacy  of  his  j-.i-odeeea- 
sor— either  to  be  composed  satisfactorily,  or  to 
ripen  into  retaliation  and  hostility ;  for  it  was 
not  to  be  supposed  that  things  could  remain  as 
they  were.  He  had  to  choose  between  an  attempt 
at  amicable  recovery  of  the  trade  by  new  over- 
tures, or  retaliation — leading  to,  it  is  not  known 
what.  He  determined  upon  tho  first  of  these  al- 
ternatives, and  Mr.  Louis  McLane,  of  Delaware, 
was  selected  for  the  delicate  occasion.    He  was 


128 


TIIIKTY  YEAltS'  VIEW. 


R-nt  minister  to  liondon ;  and  in  renewing;  an 
application  wliich  hail  bc'tn  so  lately  and  so  cate- 
gorically rejected,  some  reason  had  to  be  given 
lor  a  |)ersistancu  which  niiglit  seem  both  ini])or- 
tiinate  and  des|icratc.  and  even  delicient  in  self- 
respect  ;  and  that  rea.son  was  found  in  the  simple 
truth  that  tlierc  had  been  a  change  of  adminis- 
tration in  the  I'nited  States,  and  with  it  a  change 
of  opinion  on  the  subject,  and  on  the  essential 
|>oint  of  a  '•  right "  in  us  to  have  our  productions 
admitted  into  her  West  Indies  on  the  same  terms 
OS  British  productions  were  received;  that  we 
were  willing  to  take  the  trade  as  a  "privilege,'' 
and  simply  and  unconditionally,  under  the  act  of 
Parliament  of  18:25.     Instructions  to  that  effect 
had  been  drawn  up  by  Mr.  Van  BuR'n,  Secretary 
of  State,  under  the  sj[K'cial  directions  of  General 
Jackson,  who  took  this  early  occasion  to  act 
upon  his  cardinal  maxim  in  our  foreign  intcr- 
cour.se :  "  Ask  nothing  but  leliat  is  right — sub- 
mit to  nothing  wrong. "    This  frank  and  candid 
policy  had  its  efli'ct.     The  great  object  was  ac- 
comi)lished.      The   trade  was  recovered;    and 
wiiat  had  been  lost  under  one  administration,  and 
precariou.sly  enjoyed  under  others,  and  been  the 
subject  of  fruitless  negotiation  for  forty  years,  and 
under  six  dif'i^cnt  Presidents — Washington.  John 
Adams,  Jeflerson,  Madison,  Monroe,  Quincy  Ad- 
ams— with  all  their  accomplished  secretaries  and 
ministers,  was  now  amicably  and  satisfactorily 
obtained  under  the  administration  of  General 
Jackson ;  and  upon  the  basis  to  give  it  perpetu- 
ity— that  of  mutual  interest  and  actual  recipro- 
city.   The  act  of  Parliament  gave  us  the  trade 
on  terms  nearly  as  good  as  those  suggested  by 
Washington  in  1781);  fully  as  good  as  those 
asked  for  by  him  in  1794;  better  than  those  in- 
serted in  the  treaty  of  that  year,  and  suspended 
by  the  Senate ;  and,  though  nominally  on  the 
same  terms  as  given  to  the  rest  of  the  world,  yet 
practically  better,  on  account  of  our  proximity  to 
this  British  market;  and  our  superabundance 
of  articles  (chiefly  provisions  and  lumber)  which 
it  wants.    And  the  trade  has  been  enjoyed  un- 
der this  act  ever  since,  with  such  entire  satisfac- 
tion, that  there  is  already  an  oblivion  of  the  forty 
years'  labor  which  it  cost  us  to  obtain  it ;  and  a 
generation  has  grown  up,  almost  without  know- 
ing to  whom  they  are  indebted  for  its  present 
enjoyment.     But  it  made  its  sensation  at  the 
time,  and  .1  great  one.     The  friends  of  the  Jack- 
son administration  exulted ;  the  people  rejoiced ; 


gratillcation  was  general — but  not  uiiiTers*!.! 
and  these  very  instructions,  under  which  sn^J 
great  and  lasting  advantages  had  been  ohLimtfif 
were  made  the  occassion  in  the  Senate  of  tf  J 
United  States  of  rejecting  their  ostensildu  m,(|  J 
as  a  minister  to  London.     But  of  this  licrcal\(t 

The  auspicious  conclusion  of  so  delicate  an  af-l 
fair  was  doubtless  first  induced  by  General  Jaci J 
.son's  frank  policy  in  falling  back  upon  Wasjiin*. 
ton's  ground  of  "  privilege, "  in  contradi,stinctioj 
to  the  new  pretension  of  "  right,  '■' — helpcU  out 
little,  it  may  be,  by  the  possible  after-clap  ^uj 
gested  in  the  second  part  of  his  maxim.    Go 
sense  and  good  feeling  may  also  have  had  its  j 
fluence,  the  trade  in  question  being  as  disirahlJ 
to  Great  Britian  as  to  the  United  States  auj 
better  for  each  to  carry  it  on  direct  in  their  ow 
vessels,  than  circuitously  in  the  vessels  of  otlicrsl 
and  the  articles  on  each  side  being  of  a  kind  i 
solicit  mutual  exchange — tropical  productions 
one  part,  and  those  of  the  temperate  zone  on  \\t 
other.    But  there  was  one  thing  which  certain! J 
contributed  to  the  good  result,  and  that  was  thj 
act  of  Congress  of  May  29th,  of  which  Genon 
Samuel  Smith,  senator  from  Maryland,  was  tU 
chief  promoter ;  and  by  which  the  President  ivj 
authorized,  on  the  adoption  of  certain  measure 
by  Great  Britian,  to  open  the  ports  of  the  UniJ 
States  to  her  vessels  on  reciprocal  terms.  tJ 
ciTect  of  this  act  was  to  sti-engthen  GencralJaclj 
son's  candid  overture;    and  the  proclainatiJ 
opening  the  trade  was  issued  October  tlie5tl 
1830,  in  the  second  year  of  the  first  terra  of  ill 
administration  of  President  Jackson.    And  uadi 
that  proclamation  this  long  desired  trade 
been  enjoyed  ever  since,  and  promises  to  be  e 
joyed  in  after  time  co-extendingly  with  the  dui 
tion  of  peace  between  the  two  countries. 


CHAPTER    XLIII. 

ESTADLIsnMENT  OF  THE  GLOBE  NEWSPAPEl 

At  a  presidential  levco  in  the  winter  of  18j 
-'31,  Mr.  Duff  Green,  editor  of  the  T./OToi 
newspaper,  addressed  a  person  then  and  non 
respectable  resident  of  Washington  city  (.Mr,  j 
M.  Duncanson),  and  invited  him  to  call  at  f 
house,  as  ho  had  something  to  say  to  him  wbl 


AXXO  1829.     AXnilEW  JACKSON,  riirMDEXT. 


129 


II. 


foalJ  ri'iniio  a  confiJontial  interview.     The  call 
»isDiaili'r  ""^l  l*'*!  ol>ject  of  the  interview  di.s- 
{lojcd,  wliicli  was  nothing  le.ss  tlian  to  engngo 
^.j.  (Mr.  Duncan.son's)  a.s.si.stanco  in  tho  execu- 
^^n  of  a  scheme  in  relation  to  tlio  next  presiden- 
lal  flection,  in  which  General  Jackson  should 
I  ii  prevented  from  becoming  a  candidate  for  re- 
flrt'tion,  and  Jlr.  Calhoun  should  bo  brought  for- 
fanl  in  his  iilacc.    He  informed  Mr.  Duncanson 
liiat  a  rupture  was  imi)cnding  between  General 
Jackson  and   Mr.  Calhoun ;  that  a  correspond- 
ence liad  taken  place  between  them,  brought 
iliout  (as  he  alleged)  by  the  intrigues  of  Mr. 
I  Vj„  Burun  ;  that  tho  correspondence  was  then 
ia  print,  but  its  publication  delayed  until  certain 
I  jirangements  could  bo  made ;  that  the  demo  ■ 
Icratic  papers  at  the  most  prominent  points  in 
jilie  States  were  to  be  first  secured ;  and  men  well 
I  known  to  tho  people  as  democrats,  but  in  tho  ex- 
Ic'.ujive  interest  of  Mr.  Calhoun,  placed  in  charge 
Icfthcm  as  editors ;  that  as  soon  as  the  arrange- 
Lents  were    complete,   the    Telegraph  would 
|fta.lle  the  country  with  the  announcement  of 
Itlie  difficulty    (between  General  Jackson  and 
IJIr. Calhoun),  and  the  motive  for  it;  and  that 
ill  the  secured  presses,  taking  their  cue  from  tho 
wpekgraph,  would  take  sides  with  Mr.  Calhoun, 
mil  cry  out  at  the  same  time ;  and  tho  storm 
tould  seem  to  bo  so  universal,  and  tho  indigna- 
pou  against  Mr.  Van  Buren  would  appear  to  be 

0  great,  that  even  General  Jacksons  popularity 
tould  be  unable  to  save  him. 

Jfr.  Duncanson  was  then  invited  to  take  part 

1  the  execution  of  this  scheme,  and  to  take 
irgeof  the  Frankfort  (Kentucky)  Argus  }  and 

littering  inducements  held  out  to  encourage  him 

D  do  so.    Mr.  Duncanson  expressed  surprise  and 

»«ret  at  all  that  he  heard — declared  himself  the 

[icnd  of  General  Jackson,  and  of  his  re-election 

■opposed  to  all  schemes  to  prevent  him  from 

King  a  candidate  again — a  disbeliever  in  their 

lioccss.  if  attempted — and  made  known  his  de- 

raiinatioii  to  reveal  the  scheme,  if  it  was  not 

landoned.    Mr.  Green  begged  him  not  to  do  so 

aid  that  the  plan  was  not  fully  agreed  upon ; 

1  mip:ht  not  be  carried  out.  This  was  the  end 
Itiie  first  interview.    A  few  days  afterwards 

,  Green  called  on  Mr.  Duncanson,  and  inform- 
|him  that  a  rupture  was  now  determined  upon, 

1  renewed  his  proposition  that  ho  should  take 
bge  of  some  paper,  either  as  proprietor,  or  as 
|iir  on  a  liberal  salary — one  that  would  tell  on 
Vol.  I.— 9 


the  farnuTs  am!  mechanics  of  the  cDuntry,  and 
made  m  cheap  as  to  go  into  every  workshop  and 
cabin.     Mr.  l)uncaiis(>n  was  a  practical  printei 
— owned  a  good  job  office — was  doing  a  large 
business,  cf  j)ccially  for   tho  dej  artmcnt.s — and 
only  wished  to  remain  as  he  was.    Mr.  Green 
oflered,  in  both  interviews,  to  relievo  him  from 
that  concern  by  purchasing  it  from  him,  and  as- 
sured him   that  ho  would  otherwise  lose  the 
printing  of  the  departments,  and  bo  sacrificed. 
Mr.  Duncanson  again  refused  to  have  any  thing 
to  do  with  tho  scheme,  consulted  with  some 
friends,  and  caused  the  whole  to  bo  communicat- 
rd  to  General  Jackson.     Tho  information  did  not 
take  the  General  by  surprise ;  it  was  only  a  con- 
ii'  nation  of  what  he  well  suspected,  and  had 
been  wisely  providing  against.    The  history  of 
tho  movement  in  Mr.  Monroe's  cabinet,  to  bring 
him  before  a  military  court,  for  his  invasion  of 
Spanish  territory  during  tho  Seminole  war,  had 
just  come  to  his  knowledge;  tho  doctrine  of 
nullification  had  just  been  broached  in  Congress; 
his  own  patriotic  toast:  "The  Federal  Union: 
it  must  be  preserved  " — had  been  delivered  ;  his 
own  intuitive  sagacity  told  him  all  the  rest — the 
breach  with  Sir.  Calhoun,  tho  defection  of  the 
Telegraph,  and  the  necessity  for  a  new  paper  at 
Washington,  faithful,  fearless  and  incorruptible. 
The  Telegraph  had  been  the  central  metro- 
politan organ  of  his  friends  and  of  the  demo- 
cratic party,  during  tho  long  and  bitter  canvass 
which  ended  in  tho  election  of  General  Jackson, 
in  1828.    Its  editor  had  been  gratified  with  the 
first  rich  fruits  of  victory — the  public  printing 
of  the  two  Houses  of  Congress,  the  executive 
patronage,  and  the  organship  of  tho  administra- 
tion.     Tho  paper  was  stii'.   (in  1830)  in  its 
columns,  and  to  tho  public  eye,  the  advocate  and 
supporter  of  General  Jackson ;  but  ho  knew 
what  was  to  happen,  and  quietly  took  his  mea- 
sures to  meet  an  inevitable  contingency.    In  the 
summer  of  1830,  a  gentleman  in  one  of  the  pub- 
lic offices  showed  him  a  paper,  the  Frankfort 
(Kentucky)  Argus,  containing  a  {towcrful  and 
spirited  review  of  a  certain  nullitication  speech 
in  Congress.    He  inquired  for  tho  author,  a.scer- 
tained  him  to  bo  Mr.  Francis  P.  Blair — not  tho 
editor,  but  an  occasional  contributor  to  tho  Argua 
— and  had  him  written  to  on  tho  subject  of  tak- 
ing charge  of  a  paper  in  Washington.    The  ap- 
plication took  Mr.  Blah*  by  eurpriso.    lie  waa 
uot  thinking  of  changing  his  residence  and  pur< 


130 


THIRTY  Y?:ARS'  view. 


suits.  He  wns  well  occii|)it'<l  where  he  was — 
clerk  of  the  hunitive  niVu-u  of  the  State  Circuit 
Court  at  tlie  ciipital  of  the  State,  salaried  presi- 
dent of  the  Commonwealth  IJunk  (by  the  elec- 
tion of  the  legislature),  and  proprietor  of  a  fann 
and  slaveH  in  that  rich  State.  Hut  he  was  devot- 
ed to  General  Jack.son  and  his  measures,  and  did 
not  hesitate  to  relinqi;ish  his  secure  advantages 
at  home  lo  engage  in  the  untried  business  of 
editor  at  Washington.  lie  came— established  the 
O'lohe  newspaper — and  soon  after  associated  with 
John  C.  Kives, — a  gentleman  worthy  of  the 
association  and  of  the  confidence  of  General  Jack- 
son and  of  the  democratic  party  :  artd  under  their 
management  the  paper  became  the  efficient  and 
faithful  organ  of  the  administration  during  the 
whole  period  of  his  service,  and  that  of  his  suc- 
cessor, Mr.  Van  Buren.  It  was  established  in 
time,  and  just  in  time,  to  meet  the  advancing 
events  at  Washington  City.  All  that  General 
Jackson  had  foreseen  in  relation  to  the  conduct 
of  the  Telegraph,  and  all  that  had  been  com- 
municated to  him  through  Mr.  Duncanson,  came 
to  pass :  and  he  found  himself,  early  in  the  first 
term  of  his  administration,  engaged  in  a  triple 
war — with  nullification,  the  Bank  of  the  United 
States,  and  the  whig  party: — and  must  have 
been  without  defence  or  support  from  the  news- 
paper press  at  AVashington  had  it  not  been  for 
his  foresight  in  establishing  the  Globe. 


CHAPTER  XLIV. 

LIMITATION  OF  PUBLIC  LAND  SALES.  SUSPEN- 
SION OF  SURVEYS.  ABOLITION  OP  THE  OFFICE 
OF  SU^JVEYOR  GENEUAL.  ORIGIN  OF  THE  UNI- 
TED STATES  LAND  SYSTEM.  AUTHORSHIP  OF 
THE  ANTI-SLAVERY  ORDINANCE  OF  1773.  SLA- 
VERY CONTROVERSY.  PROTECTIVE  TARIFF. 
INCEPTION  OF  THE  DOCTRINE  OF  NULLIFICA- 
TION. 

At  the  commencement  of  the  session  1829-'30, 
ilr.  Foot,  of  Connecticut,  submitted  in  the  Sen- 
ate a  resolution  of  inquiry  which  excited  much 
feeling  among  the  western  members  of  that  body. 
It  was  a  proposition  to  inquire  into  the  expe- 
diency of  limiting  the  sales  of  the  public  lands  to 
those  then  in  market — to  suspend  the  surveys 
of  the  public  lands— and  to  abolish  the  office  of 
{Surveyor  GoucitiL    The  effect  of  such  a  resolu- 


tion, if  sanctioned  upon  inquiry  and  carriid  into 
legislative  effect,  would  have  been  to  check  tn,\. 
gration  to  the  new  States  in  the  West— to  cluck 
the  growth  and  settlement  of  these  States  ami 
territories — and  to  deliver  up  large  portions  of 
them  to  the  dominion  of  wild  beasts.  In  that 
sense  it  was  immediately  taken  up  by  mvsdi; 
and  other  western  members,  and  treated  as  aa 
injurious  proposition — insulting  as  well  as  inju. 
rious — and  not  fit  to  be  considered  by  a  com- 
mittee,  much  less  to  be  reported  upon  and  ador^  I 
ted.  I  opened  the  debate  against  it  in  a  speech 
of  which  the  following  is  an  extract : 

"Mr.  Benton  disclaimed  all  intention  of  hav. 
ing  anything  to  do  with  the  motives  of  the] 
mover  of  the  resolution :  he  took  it  accordinp  to  I 
its  effect  and  operation,  and  conceiving  this  lu  ]A 
eminently  injurious  to  the  rights  and  interfstsl 
of  the  new  States  and  Territories,  ho  should  jus.  j 
tify  the  view  which  he  had  taken,  and  tho  votel 
he  intended  to  give,  by  an  exposition  of  factsl 
and  reasons  which  would  show  the  disastrousl 
nature  of  the  practical  effects  of  this  resohition.f 

"  On  tho  first  branch  of  these  eflects— check- L 
ing  emigration  to  the  West — it  is  clear,  that  if  I 
the  sales  arc  limited  to  the  lands  now  in  market,! 
emigration  will  cease  to  flow ;  for  these  landJ 
are  not  of  a  character  to  attract  people  at  a  dis-f 
tance.    In  Missouri  they  are  the  refuse  of  fortv 
years  picking  under  the  Spanish  Government  I 
and  twenty  more  under  the  Government  of  thd 
United  States.    Tho  character  and  value  of  thii] 
refuse  had  been  shown,  officially,  in  the  reporti 
of  the  Registers  and  Receivers,  made  in  ok'diomj 
to  a  call  from  the  Senate.    Other  gentlemeij 
would  show  what  was  said  of  it  in  their  resp 
tivo  States ;   he  would  confine  himself  to  hi 
own,  to  the  State  of  Missouri,  and  show  it  to  t 
miserable  indeed.    The  St.  Louis  District,  coni 
taining  two  and  a  quarter  millions  of  acres,  wai 
estimated  at  an  average  value  of  fiftcviu  cents  pel 
acre;   the  Cape  Girardeau  District,  containiiif 
four  and  a  half  millions  of  acres,  was  cstimateT 
at  twelve  and  a  half  cents  per  acre ;  the  Wcs 
tern  District,  containing  one  million  and  thrd 
quarters  of  acres,  was  estimated  at  sixty-tw 
and  a  half  cents ;  from  the  other  two  district! 
there  was  no  intelligent  or  pertinent  return ,  buf 
assuming  them  to  be  equal  to  the  Western  Dii 
trict,  and  the  average  value  of  the  lands  tliej 
contain  would  be  only  one  half  the  amount  o 
the'  present  minimum  price.     This  being  tij 
state  of  the  lands  in  Missouri  which  would  I 
subject  to  sale  under  the  operation  of  this  real 
lution,  no  emigrants  would  be  attracted  to  then 
Persons  who  remove  to  new  countries  want  nel 
lands,  first  choices ;  and  if  they  cannot  get  thes[ 
they  have  no  sufficient  inducement  to  move. 

'■  The  second  ill  effect  to  result  from  thisre.^ 
lution.  supposing  it  to  ripen  into  the  mcasu 
which  it  implies  to  be  necessary  would  be  I 


'mitins  the  scttlemr 

rerritories.     This  lin 

If  the  inevitable  viYvi 

liie  lands  now  in  ma 

amri,  only  amount 

Bv  cnnsequcnce.  onl j 

Itro  thirds  of  the  S( 

fflhsbitants ;  tho  luso 

period.'  and  the  gen 

ijpound  tliis  certain 

rears.    They  say  seyi 

ire  now  in  market ;  tl 

I  rear;  therefore,  we 

aemand  for  seventy-tv 

Iff  their  heads  to  cons 

iiipted  to  the  value, 

lions  that  is  fit  for  ci 

imraediatcly.     Thoy  m 

year  for  seventy-two  3'( 

the  life  of  man — a  Ion 

nation ;  the  exact  i)eric 

tirity— a  long  and  sor 

tory  of  the  Jews ;  anc 

Urrowful  in   the  histc 

resolution  should  take  c 

I  "The  third  point  of  c 

del  ver  up  largo  portion! 

Jriioiies  to  the  dominion 

souri,  this  surrender  wou 

of  the  St!ito,  comprisinj! 

sjuaro  miles,  covering  t 

Mf;e  River,  besides  ma 

maching  within  a  dozei 

ipital  of  the  State.    Al 

i  up  to  wild  beasts :  fo 

loguished,  and  tho  India 

)Ie  would  be  excluded 

rouid  take  it;  and  all 

)ifino  command  to  rep 

rcase  and  multiply  upon 

mover  the  beasts  of  the 

a,  tlie  fish  in  the  wa 

iinirs  of  the  earth. 

•The  fourth  point  of  ol 
il  of  the  land  records- 
wlishing  all  the  offices  of 
pese  offices  are  five  in  ni 
I  abolish  them  all,  and  i 
bate  is,  that  they  are 
ly,  offices  which  have  re 
ent.  This  is  the  desci 
le  have  one  of  these  oflS, 


1 


m  something  of  it.     n 
fclonel  Mclleo,  in  point  o 
flongs  to  the  school  of 
put  of  science  and  in  tell 
|e  first  order  of  men  tha 
lotos.    Ho  and  his  ck 
Ngery  to  the  ultimate 
In,  and  still  fall  short  of  , 
V  this  is  an  office  whi( 
flish  under  the  notion 
ce  with  revenues,  and  ■ 
i  abolition  of  these  offlc 
ttssity  of  removing  all  tl 


^- 


AXNO  1829.     ANDREW  JACKSON,  IIM^IDK NT. 


131 


'^mitins  the  scttlpmont-i  in  tlic  now  .StntPK  and 
ferritorics.     This  limitation  of  sottlcnii-nt  wonlil 
\,  the  incvitnhle  effect  of  conlinin;;  tlie  sales  to 
ihe  lan<l'*  now  in  market.     These  lands  in  Mis- 
iiiiri.  only  ainonnt   to  one  third  of  the  State. 
p,v  cnnsequcnce.  only  one  thii'l  conld  1)0  settled. 
Tiro  thirds  of  the  State  wonld  remain  withont 
inhabitants;  the  resolution  xays,  for  'a  certain 
period.'  and  the  gentlemen,   in  their  speeches, 
expound  this  certain  period  to  ho  seventy-two 
veirs.    They  say  seventy-two  millions  of  acres 
■jfe  now  in  market ;  that  we  sell  but  one  million 
I  ve»r ;  therefore,  wo  have  enough  to  supply  the 
doinand  for  seventy-two  years.     It  does  not  en- 
ter their  heads  to  consider  that,  if  the  price  was 
liiptcd  to  the  value,  all  this  seventy-two  mil- 
I  lions  that  is  fit  for  cultivation  would   be  sold 
I  immediately.    They  must  go  on  at  a  million  a 
veir  for  seventy-two  years,  the  Scripture  term  of 
I  the  life  of  man — a  long  period  in  the  age  of  a 
I  nation ;  the  exact  jKriod  of  the  Babylonish  cnp- 
Lfity— a  long  and  sorrowful  period  in  the  his- 
lloryof  the  Jews;  and  not  less  long  nor  less 
I  sorrowful  in   the  history  of  the  West,  if  this 
[resolution  should  take  effect. 

•The  third  point  of  objection  is,  that  it  would 
liiel  ver  up  large  portions  of  new  States  md  Tor- 
Iritoiies  to  the  dominion  of  wild  beas.;  ••  >  's- 

jsouri.  this  surrender  would  be  equal  to  tv, .  - .  u:  ■  is 
lofthe  State,  comprising  about  forty  '■"     i.ud 
Luarc  miles,  covering  the  whole  valley  of  the 
lo<a|;e  River,  besides  many  other  parts,  and  a|)- 
liwacliing  within  a  dozen  miles  of  the  centre  and 
apital  of  the  State.    All  this  would  be  deliver- 
i  up  to  wild  beasts :  for  the  Indian  title  is  ex- 
Inguished,  and  the  Indians  gone ;  the  whitu  pco- 
n'ould  be  excluded   from  it ;  beasts  alone 
{iraiild  take  it ;  and  all  this  in  violation  of  the 
pirine  command  to  replenish  the  earth,  to  in- 
I  and  multiply  upon  it,  and  to  have  domin- 
ion over  the  beasts  of  the  forest,  the  birds  of  the 
[r  tiie  fish  in  the  waters,  and  the  creeping 
iimfs  of  the  earth. 

The  fourth  point  of  objection  is,  in  the  rcmo- 
|il  of  the  land  records — the  natural  effect  of 
wlishing  all  the  offices  of  the  Surveyors  General, 
tliesc  offices  arc  five  in  number.  It  is  proposed 
p  abolish  them  all,  and  the  reason  assigned  in 
lehte  is,  that  they  are  sinecures ;  that  is  to 
iv,  offices  which  have  revenues  and  no  employ- 
Mt.  This  is  the  descriiition  of  a  sinecure. 
fa  have  one  of  these  offices  in  Missouri,  and  I 
kosr  something  of  it.  The  Surveyor  General, 
lolond  Mcllee,  in  point  of  fidelity  to  his  trust, 
■longs  to  the  school  of  Nathaniel  Macon ;  iii 
pt  of  science  and  intelligence,  ho  belongs  to 
i  first  order  of  men  that  Europe  or  America 
Btains.  Ho  and  his  clerks  carry  labor  and 
ludj^ery  to  the  ultimate  point  of  human  excr- 
W  aiid  still  fall  short  of  the  task  before  them  ; 
this  is  an  office  which  it  is  proposed  to 
iish  under  the  notion  of  a  sinecure,  as  an 
witli  revenues,  and  without  employment. 
!  abolition  of  these  offices  would  involve  the 
lessity  of  removing  all  their  records,  and  thus 


doprivins  the  miintry  of  nil  the  cvidcncrs  of  t1i< 
foundatiiins  of  all  the  land  titles.  This  woiili. 
be  sweeping  work  ;  but  the  (ji'MtU-nian's  pliit» 
would  l)('  in('()iii|i!i'te  without  includini;  tin 
(ifiRTal  Land  (Mljco  in  this  rity.  tin?  iiniicip:il 
business  of  which  is  to  stifxTinteiid  the  five  Swv- 
veyor  <jleneral'soflices.  nncl  for  which  thore  could 
bu  but  little  use  after  they  were  nljolished. 

"  These  are  the  practical  eH'ccts  of  the  resol  - 
tion.  Kmigration  to  the  new  States  cheekeil, 
their  settlement  limited  ;  a  large  portion  of  their 
surface  delivered  up  to  the  dominion  of  boasts  ; 
the  land  records  removed.  Such  ni-e  the  injinies 
to  bo  inflicted  ui)on  the  new  States,  and  we,  the 
senators  from  those  States,  are  called  uiK)n  to 
vote  in  favor  of  the  resolu'tion  which  proposes  t) 
inquire  into  the  expwliency  of  committing  all 
these  enormities !  1,  for  one,  will  not  do  it.  i 
will  vole  for  no  such  inquiry,  I  would  as  soon 
vote  for  inquiries  into  the  expediency  of  confla- 
grating cities,  of  devastating  provinces,  and  of 
submerging  fruitful  lands  under  the  waves  of  the 
ocean. 

"  I  take  my  stand  upon  a  great  moral  principle . 
that  it  is  never  right  to  inquire  into  tho  ex|)e(ii- 
ency  of  doing  wrong. 

"  Tho  propowid  inquiry  is  to  do  wrong ;  to  in- 
flict unmixed,  unmitigated  evil  upon  tho  new 
States  and  Territories.  Such  inquiries  are  not 
to  bo  tolerated.  (Jourts  of  law  will  not  sustair 
actions  which  have  immoral  foundations ;  legis' 
lativo  bodies  should  not  sustain  inquiries  which 
have  iniquitous  conclusions.  Courts  of  law  mako 
it  an  object  to  give  public  satisfaction  in  tiie  ad- 
ministration of  justice  ;  legislative  bodies  should 
consult  the  public  tranquillity  in  tho  prosecution 
of  their  measures.  They  should  not  alarm  and 
agitate  tho  country ;  yet,  this  inquiry,  if  it  goes 
on,  will  give  the  greatest  dissatisfaction  to  tho 
new  Slates  in  tho  West  and  South.  It  will  alarm 
and  agitato  them,  and  ought  to  do  it.  It  will 
connect  itself  with  other  inquiries  going  on  else- 
where— in  the  other  end  of  this  building — in  tho 
IIouso  of  Representatives — to  mako  the  nev* 
States  a  soiu'ce  of  rcvenne  to  the  old  ones,  to  de- 
liver them  up  to  a  new  set  of  masters,  to  throw 
them  as  grapes  into  tho  wine  press,  to  be  trod 
and  squeezed  as  long  as  one  drop  of  juico  could 
bo  pressed  from  their  hulls.  These measiu'es  will 
go  together ;  and  if  that  resolution  passes,  and 
this  one  passes,  tho  transition  will  bo  easy  and 
natural,  from  dividing  the  money  after  the  luntls 
are  sohl,  to  divide  the  lands  before  they  are  sold; 
and  then  to  renting  the  land  and  drawing  an  an- 
nual income,  instead  of  selling  it  for  a  price  in 
hand.  The  signs  are  i)ortentous ;  tho  crisis  is 
alarming ;  it  is  time  for  tho  new  States  to  wake 
up  to  their  danger,  and  to  prepare  for  a  struggle 
which  carries  ruin  and  disgrace  to  them,  if  tho 
issue  is  against  them." 

The  debate  spread,  and  took  an  acrimonious 
turn,  aud  sectional,  imputing  to  tho  quarter  of 
the  Union  from  which  it  came  an  old,  and  early 
policy  to  check  the  growth  of  tho  West  at  IIm 


132 


THIKTi   Yr.AllS'  VIKW. 


outset  hy  |iro|)osin);  to  limit  the  sale  of  the  wcht- 
erii  lan<ls  U)  a  'clean  ridiiance"  a«  they  went — 
M-lliiig  no  tract  in  advance  until  all  in  the  rear 
was  Kold  out.  It  NO  happened  that  the  iirst  or- 
dinance rejjorted  for  the  saie  and  tiurvey  of  west- 
er:; lands  in  tiic  ('on;;rc8H  of  the  Confederation, 
(1785.)  contained  a  provision  to  thii  cflect;  and 
('.'line  from  a  conitnittec  st/onply  Xi  '.'rn — two 
ti)  one,  eight  against  four:  and  w»  airuck  out 
in  the  House  on  the  motion  of  Houthcrn  members, 
Hup])orte<l  by  the  whide  power  of  the  South.  I 
f;avo  this  account  of  the  circumstance : 

''The  ordinance  reported  by  the  committee, 
cont.iined  the  plan  of  surveying  thj  public  lands, 
whieli  lias  since  been  followed.  It  adopted  the 
scientific  principle  of  ranges  of  townships,  which 
has  lK;en  continued  eve'  since,  and  found  so 
beneficial  in  a  variety  of  ways  to  the  country. 
The  ranges  l)eg/^n  on  the  I'ennsylvania  line,  and 
proceeded  west  to  the  Mississij)pi ;  and  since  the 
aL(|uisition  of  Louisiana,  they  ;iavo  proceeded 
west  of  that  I'ver;  the  townsiiips  began  upon 
the  Oliio  Kivei,  and  proceeded  north  to  the  Lakes. 
The  tov«-nshipii  were  divided  into  sections  of  a 
mile  square,  ti\  hundred  and  forty  acres  each ; 
anil  the  minimum  price  was  iixed  at  one  dollar 
I»cr  acre,  and  not  less  than  a  section  to  be  sold 
together.  This  is  tho  outline  of  the  present  plan 
of  .sales  and  surveys ;  and,  with  the  modifica- 
tions it  has  received,  and  may  receive,  in  gradua- 
ting the  price  of  the  land  to  tfie  quality,  the  plan 
is  excellent.  But  a  principle  was  incorporated 
in  the  ordinance  of  the  most  fatal  character.  It 
M  as,  that  each  township  should  be  sold  ou*  com- 
{)ljte  before  any  land  could  be  offered  in  the  next 
one!  This  was  tantamount  to  a  law  that  the 
lands  '  'lould  not  be  sold ;  that  the  country  should 
not  be  settled:  for  t  is  certain  that  every  town- 
ship, or  almost  e-  cry  one,  would  contain  land  un- 
fit for  cultivation,  and  for  which  no  person  would 
give  six  hinidrud  and  forty  dollars  for  six  hun- 
tired  and  forty  acres.  The  effect  of  such  a  pro- 
vision may  be  judged  by  the  fact  that  above  one 
hundred  thousand  acres  remain  to  this  day  un- 
sold in  the  first  land  district ;  tfie  district  of  i^tcu- 
bLUviile.  in  Ohio,  which  included  the  iirst  range 
and  first  township.  If  that  provision  had  re- 
mained in  tho  ordinance,  the  settlements  would 
uot  yet  have  got  out  of  slight  of  the  Pennsylva- 
nia line.  It  was  an  uiijust  and  pre]X)sterous 
provision.  It  required  the  people  to  take  the 
country  clean  before  tliem  ;  buy  all  as  tliey  went ; 
mountains,  hills,  and  swamps ;  rocks,  glens,  and 
prairies.  They  were  to  make  clean  work,  as  the 
giant  Tolyphemus  did  when  he  ate  up  ttic  com- 
panions of  Ulysses : 

'  No  entrails,  MimmI,  nor  aultd  bono  remains,' 

Nothing  could  be  more  iniquitous  than  such  a 
provision.  It  was  like  requiring  your  guest  to  eat 
all  t'  e  tmncs  on  his  plate  before  he  should  have 
tuortj  meat.    To  say  that  township  No.  1  should 


be  soid  out  complete  Jx-fore  town«*hip  No,  2slioiiV 

be  offered  fur  sale,  was  like  requiiing  the  1^,,^., 

of  tho  first  turkey  to  Ije  eat  up  before  the  bri|»,i 

of  the  second  one  should  be  touched.     Vet  kiuji 

was  tho  provision  contained  in  the  first  ordinaua 

I  for  the  .sale  of  the  public  lands,  reported  liy ,,, 

'  Pijnmiittee  of  twelve,  of  which  eight  were  frijiii 

I  the  Jiorth  and  four  from  the  soutli  sid^  of  the 

I  Potomac.     How  invincible  must  liave  been  tl!.. 

I  determination  of  some  politicians  to  prevuiu  tl^' 

settlement  of  the  West,  when  they  would  thu. 

counteract  tho  sales  of  the  lands  which  had  just 

bei'H  obtained  after  years  of  importunity,  lur  tin 

payment  of  the  public  debt ! 

•'  When  this  ordinance  was  put  upon  its  i.as- 
sago  in  Congress,  two  Virginian.s,  whose  n.iiuvs 
for  that  act  alone,  would  deserve  the  la.stin;;  pra 
titude  of  the  West,  levelled  their  blows  again-i 
the  obnoxious  provision.  Mr.  Grayson  inovwi  i. 
strike  it  out,  and  Mr.  Monroe  seconded  him ;  and 
after  an  an^  .  .ited  and  arduous  contest,  they  suc- 
ceeded. The  whole  South  supported  them ;  uut 
one  recreant  arm  from  tlic  South ;  many  scattc,- 
ing  members  from  the  North  also  voted  wiili 
the  South,  and  in  favor  of  the  infant  West ;  prov 
ing  then,  as  now,  and  as  i'.  Jways  has  been,  tlmi  i 
tlw  West  has  true  supporters  of  her  right.s  anl 
interests — unhappily  not  enough  of  tlum— in  | 
that  quarter  of  tho  Union  from  which  the  mea- 
sures have  originated  that  several  times  t!.,iu;  > 
ed  to  be  fatal  to  her." 

Still  enlarging  its  circle,  but  as  yet  still  confincl 
to  tho  sale  and  disposition  of  the  public  lands. 
tho  debate  went  on  to  discuss  the  propriety  ol  I 
selling  them  to  settlers  at  auction  prices,  and  at 
an  abitrary  minimum  for  a1!  qualities,  and  a  r^ 
fusal  of  donations ;  and  in  this  hard  policy  the  I 
North  was  again  considered  as  the  exacting  pan  I 
of  the  Union — the  South  as  thu  favorer  of  lil)or»l 
terms,  and  the  generous  dispenser  of  gratuitous  I 
grants  to  the  bcttle^s  in  the  new  States  aud  Tor- 1 
ritories.    On  this  point,  Mr.  Hayne,  of  Soutli  | 
Carolina,  thus  expressed  himself: 


"  The  payment  of 


'a  penny,' 


or  a 


FFF'I 


corn,'  was  the  stipulated  price  which  our  fathers 
along  the  whole  Atlantic  coast,  now  composin: 
the  old  thii'teen  States,  paid  for  their  lands;  anJ 
even  when  conditions,  seemingly  more  suustan-j 
tial,  were  annexed  to  the  grants ;  such  for  instance  | 
as  '  settlement  and  cultivation ; '  these  were  (ui;-  [ 
sidered  as  substantially  complied  with,  by  llit  I 
cutting  down  a  few  trees  and  erecting  a  log  cabai  I 
— the  work  of  only  a  few  days.  Even  thesewn- 1 
ditions  very  soon  came  to  be  considered  as  mereljl 
nominal,  and  were  never  required  to  be  pursiiedl 
in  order  to  vest  in  the  grantee  the  fee  sinipie(l| 
the  .soil.  Such  was  the  system  under  which  t 
country  was  originally  settled,  and  under  whichl 
the  thirteen  colonies  tiouri.shcd  and  grew  up  ttl 
that  early  and  vigorous  manhood,  which  emmt 
them  in  a  few  years  to  achieve  their  indepcndcDftf 


iml  I  '>(■!?  pentlomc 

fict.  that  while  the 

10  the  mother  count 

industry  wen  suffer 

hands.    Now,  what. 

fon  which  has  indue 

fVitonj  in  tho   set! 

I'an  it  1)0  any  other 

only  :erto*n  mcnn.s  o 

iK.<s.  great  and  pros| 

r\nt  that  policy  foum 

that  the  conquest  of 

out "  the  savage  beast 

ru'.'ngdown  and  si 

fonntcring  all  the  hai 

.arily  incident  to  th< 

nc.<.s  into  cultivated  fi 

pic  of  the  soil  ?    An' 

the  mother  country 

llir  the  value  of  the  I 

lions  to  her  jjower  an 

meree  and  of  wealth 

,ind  jK>puIous  States  ? 

candid  corsideration 

[ifliicy  so  diametrically 

iicen  invariably  pursiii 

wards  the  new  States 

.0  just  and  liberal,  as 

to  ix'lieve.    Certain  i( 

nics  to  the  north  of  tis, 

to  the  south  and  wes 

reared  up  under  a  ver' 

[  which  had  been  for  fifli 

■  every  settler,  without 

pense  of  the  survey,  v 

into  the  hands  of  the 

wle  at  the  highest  pri 

the  Hiost  favorable  sea5 

,1  .spirit  of  the  wildest  ( 

with  a  limitation  that 

J  heipw  a  certain  minim 

as  it  would  seem,  the  ci 

not  to  settle  the  countr 

I  tion  of  new  States,  bu 

ing  our  lands  into  goh 

The  debate  was  tak 

I  eign  to  the  expectation 

[olution,  and  which,  in 

I  nations,  would  only  inf 

ling  to  any  practical  i 

[this;  and  to  get  rid  of 

jits  indefinite  postponei 

I  motion  lie  delivered  a 

I  new  topics,  and  greatlj 

|e.\tended  the  length  of 

jposwl  to  terminate.    0 

Jferredto  the  author«;ai 

ling  the  famous  ordina 

lernment  of  the  Northw 

Ipecially  in  relation  t( 


AXXO  1829.     ANDREW  JACKSON,  VUrsinrNT. 


133 


jivl  I  '•*"!?  pentloincn  to  rcmllcct.  nnd  note  tlio 
fict,  that,  while  they  pnifl  siilistniitinlly  nnthiiia: 
1(1  the  mother  oonntry.  the  whole  profits  of  t!uir 
iniliistry  ^»ero  Kiiflcrcd  to  n-iimin  in  their  own 
haiwis.  Now,  what,  lot  iis  inquire,  wns  tlie  rea- 
^n  which  has  induccfl  all  nations  to  arlojit  this 
fvstcm  in  the  settlement  of  new  countries? 
(^'an  it  1)C  any  other  than  this ;  that  it  atlbnis  the 
only  :erto*n  means  of  building;  up  in  a  wilder- 
ness, preat  and  prosjierous  communities  ?  Was 
not  that  policy  founded  on  the  universal  belief, 
that  the  conquest  of  a  new  coimtry,  the  drivinc 
out "  the  savage  beasts  and  still  more  savape  men," 
ni'.'njrdown  and  subduinp  the  forest,  and  cn- 
fflimtcrinR  all  the  hardships  and  privations  neces- 
varilv  incident  to  the  conversion  of  the  wilder- 
ness into  cultivated  fields,  wns  worth  the  fee  sim- 
ple of  the  soil  ?  And  wi  «  it  not  believed  that 
the  mother  country  foun  \  ample  remuneration 
fur  the  value  of  the  land  no  j,rantcfl,  in  the  addi- 
tions to  her  jK>wcr  and  the  new  sources  of  com- 
merce and  of  wealth,  furnished  by  prosperotis 
and  populous  States  ?  Now,  sir,  I  submit  to  the 
candid  consideration  of  gentlemen,  whether  the 
lolicy  so  diametrically  opposite  to  this,  which  has 
ken  invariably  pursued  by  the  United  States  to- 
iiards  the  new  States  in  the  West  has  been  quite 
.0  just  and  liberal,  as  we  have  been  accustomed 
ti)  ix'Iieve.  Certain  it  is.  that  the  British  colo- 
nies to  the  north  of  us,  and  the  Spanish  and  French 
to  the  south  and  west,  have  been  fostered  and 
icared  up  under  a  very  different  system.  Lands, 
which  had  been  for  fifty  or  a  hundred  years  open  to 
every  settler,  without  any  charge  beyond  the  ex- 
pense of  the  survey,  were,  the  moment  they  fell 
into  the  hands  of  the  United  States,  held  up  for 
Nile  at  the  highest  price  that  a  public  auction,  at 
the  niost  favorable  seasons,  and  not  unfrequently 
a. spirit  of  the  wildest  competition,  could  procuce ; 
with  a  limitation  that  they  should  never  be  sold 
below  a  certain  minimum  price ;  thus  making  it. 
(IS  it  would  seem,  the  cardinal  point  of  ou?  policy, 
not  to  settle  the  country,  and  facilitate  the  forma- 
tion of  new  States,  but  to  till  our  colters  by  coin- 
ing our  lands  into  gold," 

The  debate  was  taking  a  turn  which  was  for- 
I  eign  to  the  expectations  of  the  mover  of  the  res- 
I  olution,  and  which,  in  leading  to  sectional  crimi- 
1  nations,  would  otly  inflame  feelings  without  lead- 
ling  to  any  practical  result  Sir.  Webster  saw 
I  this;  and  to  get  rid  of  the  whole  subject,  moved 
[its indefinite  postponement;  but  in  arguing  his 
I  motion  he  delivered  a  speech  which  introduced 
I  new  topics,  and  greatly  enlarged  the  scope,  and 
[extended  the  length  of  the  debate  which  he  pro- 
Iposwl  to  terminate.  One  of  these  new  tc^ics  re- 
iferred  to  the  authorship,  and  the  merit  of  pass- 
ling  the  famous  ordinance  of  1787,  for  the  gov- 
Ifrnraent  of  the  Northwestern  Territory,  and  es- 
Ipecialiy  in  relation  to  th.e  antislavcry  clause 


which    that  ordinance  rontninod.     Mr.  Wi')i»t(r 
clninu'il  the   m>'rit   of  this   authorship    for  Mi. 
Niithnu   Dane — an  eminent  Jurist  of  Mnssaclni- 
sett.s,  and  avowed  that  '•  it  van  rnrrii'il  Inj  Ih^. 
Ninth,  anil  by  the  North  iilnnr.^^    I   repliiiK 
claiming  the  authorship  for  Mr.  JefTerson.  and 
showing  from  the  .louninl.s  that  he  (Mr.  .led'er- 
.son)  brotight  the  measure  into  Congress  in  the 
year  1784  (the  10th  of  April  of  that  yenr),  n< 
chairman  of  a  committee,  with  the  antislavcry 
claiisc  in  it,  which  Mr.  Speight,  of  North  Caroli- 
na, moved  to  strike  out ;  and  it  was  struck  out 
— the  three  Southern  States  present  voting  fi>i 
the  striking  out,  bccau.so  the  clause  did  not  tluii 
contain  the  provision  in  favor  of  tha  recovery  of 
fugitive  slaves,  which  was  afterwards  ingrafted 
upon  it.     Mr.  Webster  says  it  was  struck  out 
becau.se  •'  nine  States  "  did  not  vote  for  its  reten- 
tion.   That  is  an  error  arising  from  confounding 
tlie  powers  of  the  confederation.    Nine  States 
were  only  required  to  concur  in  measures  of  tlic 
highest  import,  as  declaring  war,  making  peace, 
negotiating  treaties,  &c., — and   in  ail  ordinary 
legislation  the  concurrence  of  a  bare  majority 
(seven)  was  sufficient ;  and  in  this  case   there 
were  only  six  States  voting  for  the  retention. 
New  Jersey  being  erroneously  counted  by  ^Ir. 
Webster  to  make  .seven.    If  she  had  voted  the 
numljer  would  have  been  seven,  and  the  clnnso 
would  have  stood.     He  was  led  into  the  error  by 
seeing  the  name  of  Mr.  Dick  appearing  in  the 
call  for  New  Jersey  ;  but  New  Jersey  was  not 
present  as  a  State,  being  represented  by  only  one 
member,  and  it  requiring  two  to  constitute  the 
presence  of  a  State.    Mr.  Dick  was  indulged  wiili 
putting  his  name  on  the  Journal,  but  his  vote 
was  not  counted.     Mr.  Webster  snys  the  ordi- 
nance reported  by  Jlr.  Jefferson  in  l78 1.  did  not- 
pass  into  a  law.    This  is  a  mistake  again.    L 
did  pass ;  and  that  within  five  days  aftei    the 
antislavery  clause  was  struck  out — and  that 
without  any  attempt    to    renew    that    clause, 
althoug'i    the  competent   number   (seven)   of 
non-slaveholding  States  were  present — the  col- 
league of  Jlr.  Die'.,  naving  joined  him,  and  con- 
stituted the  presence  of  New  Jersey.    Two  years 
afterwards,  in  July  1787,  the  ordinance  was  pas.s- 
ed  over  again,  as  it  now  stands,  and  was  pre- 
eminently the  M-ork  ol  the  South.    The  ordi- 
nance, as  it  now  stands,  was  reported  by  a  com- 
mittee of  five  members,  of  whom  three  were 
from  slaveholding  States,  and  two  (and  one  of 


/;  ;■ 


[?-  ^  . 


t 


134 


TimiTi'  YEAHS*  VIEW. 


tii'.'iii  lli<;  cJiiiiritmiij  wcru  frotn  \'irf:iiiia  alone. 
It  iTcttivt'd  ilH  flrnt  reiKliiiK  the  dny  it  wns  re- 
]  irlcil — its  .Kfcond  ninliiif?  the  next  dny.  \v\wi\ 
KtR-  other  State  had  nppc'ari;d — thi-  thinl  readinjr 
till  tho  (lay  cnhiiiiif; ;  Roing  through  nil  the 
tonus  of  loni.slatinii,  niiil  hccoiiiiiit;  a  law  in  three 
(lays — receivinj;  the  votes  of  tho  ci^^ht  States 
J. resent,  and  the  vote  of  every  nieinl>>-  "''  cnrh 
Slate,  e.voept   one;  and   that  one   f^-or  free 

State  north  of  the  Potomac.  These  tils  I 
verified  hy  producing  the  Journals,  t;nd  showed 
(iiider  the  date.s  of  July  1 1  lh,1787,  and  July  12th 
and  loth,  the  votes  ncuinlly  friven  for  the  ordi- 
nance. The  same  vote  repealed  the  ordinance 
(Mr.  .felTerson's)  of  1784.  I  rend  in  the  Senate 
the  pa.s.saf;eH  from  the  Journal  of  the  Congre.ss 
of  the  confederation,  the  pas.snges  which  showed 
these  votes,  and  incorpornied  into  the  speech 
which  I  published,  the  extrnct  from  the  Journal 
which  1  jiroduced ;  and  now  incorporatn  the  s..  ae 
in  this  work,  that  the  nuthorsliip  of  that  ordi- 
nawcc  of  17S7,  and  its  passage  through  the  old 
(/'ongrcss,  may  be  known  in  all  time  to  come  as 
the  indisputable  work,  both  in  its  conception  and 
consunnnation,  of  tho  South.  This  is  the  ex- 
tract: 

THE    JOURNAL. 

Wednesday,  July  H/A,  1787. 

'•  Congress  assembled  :  Present,  the  seven 
States  above  mentioned."  (Massachusetts,  New 
York,  New  Jersey,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia — 7.) 

'•  The  Committee,  consisting  of  Mr.  Carring- 
ton  (of  Virginia),  Mr.  Dane  (of  Massachusetts), 
Mr.  It.  II.  Lee  (oi'  Virginia),  Mr.  Kean  (of  South 
Carolina),  and  Mr.  Smith  (of  New  York),  to 
whom  was  referred  the  report  of  a  committee 
touching  the  temporary  government  of  the  AV'est- 
crn  Territory,  reported  an  ordinance  for  the  go- 
vernment of  the  Territory  of  the  United  States 
northwest  of  the  river  Ohio ;  which  was  itad  a 
first  time. 

"Ordered,  That  to-morrow  bo  assigned  for 
the  second  reading." 

"  rhnrsdurj,  July  \2th,  1787. 

"  Congress  assembled  :  Present,  Massachu- 
setts, New  York,  New  Jersey,  Delaware,  Vir- 
ginia, North  Carolina,  South  Carolina,  and  Geor- 
gia-(8.) 

"According  to  order,  the  ordinance  for  tho 
government  of  the  Territory  of  the  United  States 
northwest  of  the  river  Ohio,  was  read  a  second 
time. 

"Ordered,  That  to-morrow  be  assigned  for 
the  third  reading  of  said  ordinance." 


'•  Friilay,  July  l.'i/A,  1787. 

'•  Congress  n.<;scmblcd :  Pre.sont,  m  yestpffl,,. 

'•  According  to  order,  the  ordinanri>  for  tl» 
government  of  the  Territory  of  the  United  Stuu^ 
northwest  of  the  river  Oliio,  was  read  a  thinl 
time,  and  ji.assed  as  follows." 

[Here  follows  the  whole  ordinance,  in  ti,,. 
very  words  in  which  it  now  apjiears  nmcnp  tlii' 
laws  of  the  United  States,  M-ith  the  non-slaverv 
clau.se,  the  provisions  in  favor  of  schools  anl 
education,  against  impairing  the  obligation  o*' 
contracts,  laying  the  foundation  and  security  nf 
all  these  stipulations  in  compact,  in  favor  of  n. 
storing  fugitives  from  service,  and  repealing  tliu 
ordinance  of  2;id  of  April,  1784— the  one  rciiort 
cd  by  Mr.  Jefferson.] 

"On  pa.s.sing  the  above  ordinance,  the  ycaj 
and  nays  being  required  by  Mr.  Y'ntcs  : 

Massachusetts — Mr.  Ilolten,  aye  ;  Mr.  Dani' 
aye. 

New  York — Mr.  Smith,  aye;  Mr.  Yates  no: 
Mr.  Harring,  aj'c. 

New  Jersey— Mr.  Claike,  aye ;  Jlr.  Schcur- 
man,  aye. 

Delaware— yir.  Kearney,  aye ;  Mr.  Mitchell 
aye. 

Virginia— Mr.  Grayson,  aye;  Mr.  R.  II, I,,^ 
aye  ;  Mr.  Carrington,  aye. 

North  Carolina — Mr.  Blount, aye;  Mr. Ilaw. 
kins,  aye. 

Hou'th  Carolina — Sir.  Kean,  aye ;  Mr.  IIu. 
ger,  aye. 

Georgia — Mr.  Few,  aye  ;  Mr.  Pierce,  aye. 

So  it  was  resolved  in  the  alfiimativc."  (I'a;;! 
754,  volume  4.) 

The  bare  reading  of  these  passages  from  tho 
Journals  of  the  Congress  of  the  old  confedera- 
tion, shows  how  erroneous  Mr.  Webster  was  in 
these  portions  of  his  speech  : 

"  At  tho  foundation  of  the  constitution  of  tlioH^ 
new  northwestern  States,  we  are  accustonu"!. 
sir,  to  praise  the  lawgivers  of  antiquity ;  wt 
help  to  ])crpetuate  the  fame  of  Soion  and  Lycur- 
gus ;  but  1  doubt  whether  one  single  law  of  any 
lawgiver,  ancient  or  modem,  has  produced  eflects 
of  more  distinct,  marked,  and  lasting  character, 
than  the  ordinance  of  ^87.  That  instrumem, 
was  drawn  by  Nathan  Dane,  then,  and  now,  a 
citizen  of  Massachusetts.  It  was  adopted,  a.s  I 
think  I  have  understood,  without  the  slightest 
altqration ;  and  certainly  it  has  happened  to  (m 
men  to  be  the  authors  of  a  political  measure  of 
more  large  and  enduring  consequence.  It  fixed, 
for  ever,  the  character  of  the  population  in  the 
vast  legions  northwest  of  the  Ohio,  by  exclud- 
ing from  thein  involuntary  servitude.  It  im- 
pressed on  the  soil  itself,  while  it  was  yet  a  wil- 
derness, an  incapacity  to  bear  up  an/  other  tlun 
free  men.  It  laid  the  interdict  against  personal 
servitude,  in  original  compact,  not  only  deeper 
thou  all  local  law,  but  deeper,  also,  tlian  all  kal 


institutions.     Un< 
.M^tini.  I  l<K)k  upf 
I  ill'  provision,  as  a 
i!,  i-on.-iequcnces  at 
i.cver  coiise  to  see  tl 
i^hail  tioiv.     Itwa.si 
ol'|jri'»t'ntion.     Sir. 
;.,)  intelligent  genti 
1,1  ask  whether  if  hv 
Utii  !i|ii>lied  to  his 
a  wilderness,  and  b 
.up  of  tho  Allcgha 
would  li'ivo  contribi 
iitss  of  that  common 
not  to  be  doubted,  tli 
produced  an  effect  n< 
measured  in  tho  gri 
extent  and  increase 
.'^ir,  this  great  measu 
north,  and  by  the  no 
deed,  individuals  cist 
i!  was  supported  as 
votes  of  the  northcri 
liaJ  been  gover:   d 
views  now  ascrioed 
was.  of  all  others,  th( 
j^  jier  purposes.    It  w 
means  of  rendering 
from  her  own  popu 
looked  to  that  conseq 
j  81ie  deemed  the  regu 
i  tlie  States  that  would 
ml  advantageous  to 
aiiiered  to  the  princij 
after  year,  until  it  wa 
"An  attempt  has  b 
the  North  to  the  Soui 
I  .'ion  of  slavery  from  I 
The  journal,  without 
I  futes  such  attempt. 
was  made,  March,  17i 
I  following,  a  commiti 
Ijctrerson,  Chase,  and 
I  for  a  temporary  govci 
iviiich  was  this  artic 
1 1800,  there  shall  be 
i  imtary  servitude  in  ar 
I  wise  than  in  punishn 
J  party  shall  have  beei 
I  of  North  Carolina, 
j  paragraph.    Theques 
I  the  form  then  pract 
Island,  as  part  of  the 
lEhire,  Massachusetts, 
lout,  New  York  New 
I— seven  States,  voted 
jland,  Virginia,  and  S( 
Itive.    North  Carolina 
Isent  of  nine  States 
■could  not  stand,  and  \ 
|Iy.   Mr.  Jefferson  vo 
lovemilcd  by  his  colle, 
I   "In  March,  the  ne; 
■of  Massachusetts,  sec 
■Rhode  Island,  propo 


AXN'O  U-29.     ANDREW  JACKSON.  I'Rfyir>EXT 


13d 


OT«til'ition'^'  I'mltT  tho  rirctimstanrcs  t!u!n 
viitini.  1  l'>olc  wpon  this  nripinal  an'l  scnson- 
» lie  provision,  a.s  a  real  good  attained.  Wo  we 
<;,  ifinsi'iiucnccH  at  tliia  moment,  ami  wc  shall 
livcT  ciiise  to  see  them,  perhajis,  while  the  t)hio 
.hall  tlort'.  It  was  a  great  and  salutary  measiii-c 
„l  |,n.nintion.  Sir.  I  should  fear  the  rebuke  of 
;,,)  inlilligent  gentleman  of  Kentucky,  were  I 
t,i  iuik  whether  if  such  an  ordinance  could  have 
luiii  iipplicd  to  hi.s  own  S»ate,  while  it  yet  was 
a  wildtrness,  and  before  Boon  had  passed  the 
;.-a|)  of  tho  Alleghany,  ho  does  not  supj^se  it 
ivould  liavo  contributed  to  the  ultimate  great- 
juss  of  that  communwealth  ?  It  is,  at  any  .-ate, 
not  to  be  doubted,  that  where  it  did  apply  it  has 
proiluceil  an  eflcct  not  easily  to  bo  described,  or 
iiicasurud  in  tho  growth  -^f  tho  States,  and  the 
istcnt  and  increase  of  their  population.  Now, 
fir.  this  great  measure  again  was  carried  by  the 
north,  and  by  the  north  alone.  There  were,  in- 
(Ititl.  imlividuals  elsewhere  favorable  to  it ;  but 
it  was  supported  as  a  measure,  entirely  by  the 
votes  of  the  northern  estates.  If  New  England 
had  been  gover:  d  by  the  narrow  and  selfisli 
vions  now  ascrioed  to  her,  this  very  measure 
was,  of  all  others,  tho  best  calculated  to  thwart 
,  hir  purposes.  It  was,  of  all  things,  the  very 
inc'iins  of  rendering  certain  a  vast  emigration 
from  her  own  population  to  the  west.  She 
looked  to  that  consequence  only  to  disregard  it. 
[she  deemed  the  regulation  a  most  useful  one  to 
the  States  that  would  spring  up  on  the  territory, 
ml  advantagcouc  to  the  country  at  large.  She 
alhcred  to  the  principle  of  it  persevcringly,  year 
after  year,  until  it  was  finally  accomplished. 

•  An  attempt  has  been  made  to  transfer,  from 
I  the  North  to  the  South,  the  honor  of  this  exclu- 
sion of  slavery  from  the  northwestern  territory. 
The  journal,  without  argument  or  comment,  re- 
I  lutes  Buch  attempt.     Tho  cession  by  Virginia 
was  made,  March,  1784.    On  the  19th  of  April 
following,  a  committee,  consisting  of  Messrs. 
Jefferson,  Chase,  and  Howell,  reported  a  plan 
for  a  temporary  government  of  the  territory,  in 
ivhich  was  this  article :   '  that,  after  the  year 
1800,  there  shall  be  neither  slavery,  nor  invol- 
untary servitude  in  any  of  the  said  States,  other- 
I  wise  than  in  punishment  of  crimes,  whereof  the 
(party  shall  have  been  convicted.'    Mr.  Speight, 
I  of  Xorth  Carolina,  moved  to  strike  out  this 
I  paragraph.    The  question  was  put,  according  to 
I  the  form  then  practised:   'Shall  these  words 
I  stand,  as  part  of  the  plan,'  &c.l    New  Hamp- 
j  shire,  Massachusetts,  Rhode  Island,  Connecti- 
jcut.  New  York  New  Jersey,  and  Pennsylvania 
-seven  States,  voted  in  the  aflBrmative.    Mary- 
jland,  Virginia,  and  South  Carolina,  in  the  nega- 
Itive.    North  Carolina  was  divided.    As  the  con- 
Isent  of  nine  States  was  necessary,  the  words 
Icould  not  stand,  and  were  struck  out  according- 
lly.   Mr.  Jefferson  voted  for  the  clause,  but  was 
|«vcrrulcd  by  his  colleagues. 

"  In  March,  the  next  year  [1785],  Mr.  King 
Icf  Massachusetts,  seconded  by  Mr.  Ellery  of 
iRhode  Island,  proposed  tho  formerly  rejected 


article,  with  this  addition :  '.I/k/  that  thi»  r^i^i 
Idllon  nhfill  lie  nn  article  of  com  part,  ami  re- 
main  iij'imtliimriitnl  iirinciftle  <if  thr  nuiAlitii 
tioits  hitwevn  (he  thirtrrn  uri)^iiiitl  Sluti-a.  ninl 
etirh  of  (he  il(a(rM  di-ncribrd  in  (he  /c.<'i/rt','  Ac. 
On  this  clause,  which  pnivided  the  ad''i|uate  jwvI 
thorough  security,  tho  eight  nortliern  .Slatis  at 
that  time  voted  alDnnativoly,  and  the  four 
southern  States  negatively.  J'he  vutos  of  nine 
States  were  not  yet  obtained,  and  thus,  the  pn>- 
vision  was  again  n-J-cted  by  the  southeiJi  States 
The  iKTseverance  o"f  the  north  held  out.  and  two 
years  afterwards  the  object  was  attained."' 

This  is  shown  to  be  all  erroneous  in  relation  to 
this  ordinance.  It  was  not  first  drawn  by  Mr. 
Dane,  but  by  Mr.  Jefferson,  and  thai  nearly  two 
years  before  Jlr.  Dane  came  into  Congress.  It 
was  not  passed  by  tho  North  alone,  but  equally 
by  tho  South — there  being  but  eight  States  pre- 
sent at  the  passing,  and  they  equally  of  the  North 
and  tho  South — and  tho  South  voting  unani* 
mously  for  it,  both  as  States  and  as  individual 
members,  while  the  North  had  one  member  against 
it.  It  was  not  baffled  two  years  for  tlie  want  of 
nine  States;  if  so,  and  nip"  States  had  been  neces- 
sary, it  would  not  ha..  a  passed  when  it  was, 
and  never  by  free  State  votes  alone.  There  were 
but  eight  States  (both  Northern  and  Southern) 
present  at  tho  passing ;  and  there  were  not  nine 
free  States  in  the  confederacy  at  that  time.  There 
were  but  thirteen  in  all :  and  tho  half  of  these, 
as  nearly  as  thirteen  can  be  divided,  were  slavo 
States.  The  fact  is,  that  the  South  only  delayed 
its  vote  for  tho  antislavery  clause  in  tho  ordi- 
nance for  want  of  the  provision  in  favor  of  re- 
coverinL;  fugitives  from  service.  As  soon  as  tiiat 
was  added,  she  took  the  lead  again  for  the  ordi- 
nance— a  fact  which  gives  great  emphasis  to  the 
corresponding  provision  in  tho  constitution. 

Mr.  Webster  was  present  when  I  read  these 
extracts,  and  said  nothing.  lie  neither  reaffirm- 
ed his  previous  statement,  that  Mr.  Dane  was 
the  author  of  the  ordinance,  and  that  '•  Ihia  great 
measure  teas  carried  by  the  North,  and  by  tho 
North  alone"  lie  said  nothing ;  nor  did  he  af- 
terwards correct  the  errors  of  his  speech :  and 
they  now  remain  in  it ;  and  have  given  occasion 
to  a  very  authentic  newsptper  contradiction  of 
his  statement,  copied,  like  my  statement  to  the 
Senate,  from  the  Journals  of  the  old  Congress 
It  was  by  Edward  Coles,  Esq.,  formerly  of  Vir- 
ginia, and  private  secretary  to  President  Jladi- 
Bon.  afterwards  governor  of  the  State  of  Illinois, 
and  now  a  citizen  of  Pennsylvania,  resident  of 


13G 


THIUTY  YEAIIS'  VIEW 


Diiladcliihin.     Ho  iimilc  lii«  cniroclion  tliroiiKli 
tlie  N'atioiial  Iiitcllij^fnocr,  of  Wa>:liin;itoii  City ; 
and  Iniing  ilrawn  from  the  wmu'  soiirtx-s  it  opri'cs 
entirely  with  my  own.     And  tliUK  tlie  South  is 
cntitloil  to  tlie  creilit  of  oripn^ting  and  jiass- 
ing  tliis  great  meo-siirc — a  circiimstunix'  to  \ic  rc- 
memlieri'd  and  (untt'd,  as  showing  the  South  at 
that  time  in  taking  the  lead  in  curtailing  and  re- 
Btricling  tho  existence  of  slavery.    The  cause  of 
Mr.  WtbKter's   mistakes  may  he  found   in  tlic 
fact  tliat  tho  ordinance)  was  three  times  before  the 
old  Congress,  and  once  (the  third  time)  in  tho 
liands  of  a  committee  of  winch  Mr.  Dane  was  a 
member.    It  was  first  reported  by  a  committee 
of  tliree  (April,  1784)  of  which  two  were  from 
slave  states,  (Mr.  Jellcrfion  of  Virginia  and  Mr. 
Cliase  of  Maryland,)  Mr.   Howard,  of-  Rhode 
Island ;  and  this,  as  stated,  was  nearly  two  years 
before  Mr.  Dane  became  a  member.    Tlio  anti- 
slavery  clause  was  then  dropixjd.  there  being  but 
six  States  for  it.    The  next  year,  the  antislaver}' 
clause,  with. some  modification,  was  moved  by  Mr. 
liufus  King,  and  sent  as  a  proposition  to  a.  commit- 
tee :  but  did  not  ripen  into  a  law.    Afterwards 
the  whole  ordinance  was  passed  as  it  now  stands, 
upon  the  report  of  a  committee  of  six,  of  whom 
Mr.  Dane  was  one  ;  but  not  the  chairman. 

Closely  connected  with  this  question  of  author- 
ship to  which  Mr.  Webster's  remarks  give  rise, 
was  another  which  excited  some  warm  discussion 
— the  topic  of  slavery — and  the  effect  of  its  ex- 
istence or  non-existence  in  different  States.  Kcn- 
tuckj'and  Ohio  were  taken  for  examples,  and  the 
superior  improvement  and  population  of  Ohio 
were  attributed  to  its  exemption  from  the  evils 
of  slavery.  This  was  an  excitable  subject,  and 
the  more  so  because  the  wounds  of  the  ilissouri 
controversy,  in  which  the  North  was  the  undis- 
puted aggressor,  were  still  tender,  and  hardly 
scarred  over.  Mr.  Ilayne  answered  with  warmth 
and  resented  as  a  reflection  upon  the  slave  States 
this  disadvantageous  comparison.  I  replied  to 
the  same  topic  myself,  and  said  : 

"  I  was  on  the  subject  of  slaver\-,  as  connected 
with  the  Missouri  question,  when  last  on  the 
floor.  The  senator  from  South  Carolina  [Mr. 
Hayne]  could  see  nothing  in  the  question  before 
the  Senate,  nor  in  any  previous  part  of  tho  de- 
bate, to  justify  the  introduction  of  that  topic. 
Neither  could  I.  He  thought  he  saw  the  ghost 
of  the  Missouri  question  brought  in  among  us. 
So  did  I.  He  was  astonished  at  the  apparition. 
I  was  not :  for  a  close  observance  of  the  signs 
iu  the  West  had  prepared  me  for  this  develop- 


ment from  tho  East.     I   was   well  jm  partil  i ,, 
that  invective  against   (iiavery,  and  for  tlim  an,. 
plilication  of  the  blessings  uf  exemption  li,,.', 
slavery,   cxeuiplilied   in  the   condition  of  (i|„i, 
whicii  tho  senator  from  Massachusetts  iii>|iil.,,| 
in,  and  which  the  oiywt  in  view  required  ti,"i,, 
derived  from  the  Northeast.     I  cut  the  roji ,  f 
tliat  derivation  by  reading  a  passag<!  from  ii„. 
.Journals  of  tho  old  Congress  ;  but  this  will  i|.,t 
prevent  tho  invective  and  cncomiunj  from  gi,itij. 
forth  to  do  their  ofHce ;  nor  obliterate  the  line 
which  was  d.'-awn  betwc<'n  the  free  State  ofOi.m 
and  the  slave  State  of  Kentucky.    If  tiieoi,;/ 
results  of  this   invective  and  encomium  wif,. 
to  exalt  still  higher  tho  oratorical  fame  of  tl;f- 
siKjaker,  I  should  spend  not  a  moment  in  remaik! 
ing  uiwn  them.  But  it  is  not  to  be  forgotten  that 
tho  terrible  Missouri  agitation  took  its  rise  fioil 
the  '•  substance  of  two  speeches"  delivered  i.ii 
this  floor ;  and  since  that  time,  antislavery  s|ice(I,. 
es,  coming  from  the  sf.tio  political  and  geograiihi- 
cal  quarter,  are  not  to  be  disregarded  here.  AVhat 
was  said  upon  that  topic  was  certainly  intondcl 
for  the  north  side  of  the  Potomac  and  Ohio ;  to 
the  people,  then,  of  that  division  of  the  Union. 
I  wish  to  address  myself,  and  to  disabuse  thmi 
of  some  erroneous  impressions.    To  them  I  can 
truly  say,  that  slavery,  in  the  abstract,  has  hn 
few  advocates  or  defenders  in  the  slave-lioldin' 
States,  and  that  slavery  as  it  is,  an  hereditary  in- 
stitution descended  upon  us  from  our  ancestors. 
would  have  fewer  advocates  among  us  than  it 
has,  if  those  who  have  nothing  to  do  with  the 
subject  would  only  let  us  alone.    The  sentiintnt 
in  favor  of  slavery  was  much  weaker  before  those 
intcrmeddlcrs  began  their  operations  than  it  is  at 
present.    The  views  of  leading  men  in  the  North 
and  the  South  wcro  indisputably  the  same  in 
the  earlier  periods  of  our  government.    Of  this 
our  legislative  history  contains  the  highest  proof, 
The  foreign-slave  trade  was  prohibited  in  Virgi- 
nia,  as  soon  as  the  Revolution  began.   It  was  one 
of  her  first  acts  of  sovereignty.     In  the  conven- 
tion of  that  State  which  adopted  the  federal  con- 
stitution, it  was  an  objection  to  that  instrument 
that  it  tolerated  the  African  slave-trade  for  twen- 
ty years.    Nothing  that  has  appeared  since  lias 
surpassed  tho  indignant  denunciations  of  this 
traffic  by  Patrick  Henrj',  George  Mason,  an! 
others,  in  that  convention. 

"  Sir,  I  regard  with  admiration,  that  is  to  say. 
with  wonder,  the  sublime  morality  of  those  ,vl;o 
cannot  bear  the  abstract  contemplation  of  sla- 
very, at  the  distance  of  five  hundred  or  a  tiiou- 
sand  miles  off.    It  is  entirely  above,  that  is  to  I 
say,  it  afTects  a  vast  superiority  over  the  moral-  [ 
ity  of  the  primitive  Christians,  the  apostles  of 
Christ,  and  Christ  himself.     Christ  and  I 
apostles  api)earcd  in  a  province  of  the  Roman  I 
empire,  when  that  empire  was  called  the  Koman 
world,  and  that  world  was  filled  with  slavpii 
Forty  millions  was  the  estimated  number,  being 
one-fourth  of  the  whole  population.   Single  indi- 
viduals held  twenty  thousand  slaves.    A  freed 
man,  one  who  liad  himself  been  a  Siuve,  diedtbe 


ANKO  1829.    ANDIIEW  JACKSON,  PRESIDKXT. 


137 


r,K*.*">''  "f  '"""■  thousnn-I — such  wore  the  nnm- 
Itri.    Tin?  rights  of  the  owners  over  this  miilti- 
,,,,1..  of  human  lioinn^  ^*'''*''  *''"'  *''' '"'-'  ""'^  <l™th, 
nthout  |)r()tcction  from  law  or  mitifration  from 
ntiMio  wntimcnt.     Tho  8coiir(je,  tho  cross,  the 
lish-poml,  the  den  of  tho  wihl  hcast,  and  tliu 
jnnaof  of  tho  ghidiator,  was  the  lot  of  tho  slave, 
npoii  the  slightest  expression  of  tho  master's  will. 
\  law  of  incredihlo  atrocity  made  all  slaves  rc- 
^pinwble  with  their  own  lives  for  tho  life  of  their 
lujstur;  it  was  the   law  that  condemned   the 
ffhole  household  of  slaves  to  death,  in  case  of  the 
j;s,rssin3tion  of  the  master — a  law  under  which 
■li  many  as  four  hundred  have  been  oxocutod  at 
1  tiine.    And  those  slaves  were  the  white  peoplo 
of  Euroi)e  and  of  Asia  Minor,  tho  Gretiks  and 
ivhor  nations,  from  whom  the  present  inhabitants 
of  tho  world  derive  the  most  valuable  productions 
of  the  human  mind.     Christ  saw  all  this — the 
number  of  tho  s'n.vcs — their  hapless  condition — 
jnd  their  white  color,  which  was  the  same  with 
bis  own;  yet  ho  said  nothing  against  slavery; 
lie  preaclicd  no  doctrines  which  led  to  insurrec- 
tion and  massacre ;  none  which,  in  their  applica- 
tion to  the  state  of  things  in  our  country,  would 
authorize  an  inferior  race  of  blacks  to  extcrmi- 
nitc  that  superior  race  of  whites,  in  whose  ranks 
jhc  himself  appeared  upon  earth.     Ho  preached 
10  such  doctrines,  but  those  of  a  contrary  tenor, 
hich  inculcated  tho  duty  of  fidelity  and  obedi- 
nee  on  the  part  of  tho  slave — ^humanity  and 
jndncss  on  tho  part  of  the  master.     His  apostles 
liJ  the  same.    St  Paul  sent  back  a  runaway 
iliTC,  Oncsimus.  to  his  owner,  with  a  letter  of 
ipology  and  supplication.    Ho  was  not  the  man 
harbor  a  runaway,  much  less  to  cntico  him 
im  his  master;  and,  least  of  all,  to  oxcito  an 
bsurreciljn. " 

This  allusion  to  the  Missouri  controversy,  and 
kvective  against  the  free  States  for  their  part  in 

,  brought  a  reply  from  Mr.  Webster,  showing 
kbat  their  conduct  had  been  at  the  first  introduc- 
krn  of  the  slavery  topic  in  the  Congress  of  the 
inited  States,  and  that  they  totally  refused  to 
Itcrfere  between  master  and  slave  in  any  way 
Itatercr.    This  is  what  he  said : 

'  When  the  present  constitution  was  submitted 
r  the  ratification  of  tho  people,  there  were  those 
lio  imagined  that  the  powers  of  the  government 
jiich  it  proposed  to  establish  might,  perhaps,  in 
Jmc  possible  mode,  be  exerted  in  measures  tend- 
!  to  tho  abolition  of  slavery.  This  suggestion 
JDuld,  of  course,  attract  much  attention  in  the 
nthern  conventions.  In  that  of  Virginia,  Qover- 
Ir  Randolph  said : 

I' I  hope  there  is  none  here  who,  considering 
f  subject  in  the  calm  light  of  philosophy,  will 
klce  an  objection  dishonorable  to  Virginit — that, 
jthe  moment  they  are  securing  the  rights  of 
f\r  citizens,  an  objection  is  started,  that  there 
Epark  of  hope  that  those  unfortunate  men 


now  held  in  bondngo  may,  by  the  ojMration  tf 
the  general  government,  ho  nuvh  fice.' 

*•  At  tho  verj'  lirst  Comrress.  ix'litions  on  tlui 
subject  were  presi-ntwl,  if  I  mi.stake  not,  from 
dillurent  States.  The  I'ennsylviiiiin  society  for 
promoting  the  abolition  of  slavery,  took  a  ieml, 
and  laid  In-foro  t'on^ri'ss  a  mcmnriiil,  praying 
Congress  to  promote  thealK)iitioii  by  such  poweiii 
as  it  possessed.  This  memurial  was  referred,  in 
the  House  of  He|>resenlativjs,  to  a  selvct  commit- 
tee consisting  of  Mr.  Foster  of  New  Hampshire; 
Mr.  Gerry  of  Massachusetts,  Mr.  Huntington  of 
Connecticut;  Mr.  Lawrence  of  New- York;  Mr. 
Sinnickson  of  New  Jersey;  Mr.  Hartley  of 
1'enn.sylvania,  and  Mr.  Parker  of  A'irginia ;  all 
of  them,  sir,  as  you  will  observe,  northern  men, 
but  tho  '"»st.  This  committee  made  a  rejiort, 
which  was  committed  to  a  committee  of  tho  whole 
house,  and  there  considered  and  discussed  on 
several  daj's ;  and  being  amended,  although  in 
no  material  respect,  it  was  made  to  express  three 
distinct  propositions  on  tho  subject  of  slavery 
and  the  slave-trade.  First,  in  tho  words  of  the 
constitution,  that  Congress  could  not,  prior  to  the 
year  1808,  prohibit  the  migration  or  im|)ortation 
of  such  persons  as  any  of  the  States,  then  exist- 
ing, should  think  proiwr  to  admit.  Second,  that 
Congress  had  authority  to  restrain  the  citizens 
of  tho  United  States  from  carrying  on  the  Afri- 
can slave-trade,  for  the  purpose  of  supplying 
foreign  coimtries.  On  this  proposition,  our  laws 
against  those  who  engage  in  that  traific,  are 
founded.  The  third  proposition,  and  that  which 
bears  on  the  present  question,  was  expressed  in 
iho  following  terms: 

" '  Resohtd,  That  Congress  have  Ji.>  auvi.ority 
to  interfere  in  the  emancipation  of  slaves,  or  in 
the  treatment  of  them  in  any  of  the  States ;  it  re- 
maining with  the  several  States  alone  to  provide 
rules  and  regulations  therein,  which  humanity 
and  true  policy  may  require. ' 

''  This  resolution  received  tho  sanction  of  the 
House  ofRopresentatives  so  early  as  March,  1790. 
And  now,  sir,  the  honorable  member  will  allow 
mo  to  remind  him,  that  not  only  were  the  select 
committee  who  reported  the  resolution,  with  a 
single  exception,  all  northern  men.  but  also  that 
of  the  members  then  composing  the  House  of 
Representatives,  a  large  majority,  I  believe  near* 
ly  two  thirds,  were  northern  men  also. 

''  The  h3use  agreed  to  insert  these  resolutions 
in  its  journal,  and,  from  that  day  to  this,  it  has 
aever  been  maintained  or  contended  that  Con- 
gress had  any  authority  to  regulate,  or  interfere 
with,  the  condition  of  slaves  in  the  several  States. 
No  northarn  gentleman,  to  my  knowledge,  hu 
moved  any  such  question  in  either  house  of  Con- 
gross. 

"  The  fears  of  the  South,  whatever  fears  they 
night  have  entertained,  were  allayed  and  quieted 
by  this  early  decision ;  and  so  remained,  till  they 
vere  excited  afresh,  without  cause,  but  for  col- 
lateral and  indirect  purposes.  When  it  became 
necessary,  or  was  thought  so,  by  some  political 
persons,  to  find  an  unvarying  ground  for  the  ex- 


.tlK 


138 


THinTY  YKAR8'  VIKW. 


rliiHiiiii  of  iinrtlifTii  men  from  conft'lcncf  »n<l 
fniin  li'ii'l  in  tin-  iill'iiirs  of  tli<>  ri-pulilic.  tlion.  nn<l 
not  till  lliiii.  tlic  ri V  wiiH  ri»i-«'(l.  and  tin-  fi'tlinjj 
iii'liislrioiivly  I'xcitfcl,  that  tlio  intliiciici'  of  north- 
ern men  in  the  |iiil)lio  roiinciU  wonld  ondiinpT 
tlic  ri'iiUi'iii  of  iniisli  r  and  (.lave.  For  inyst'lf  I 
rlaiin  no  I'liir  merit  than  that  tliin  jrross  and 
iMiornions  injiislicc  invvards  tin- whoI«"  North,  hnH 
not  wroii^'ht  njion  ini-  to  cliancf  my  opinions,  or 
my  |H)litical  condiicf.  I  Iiojk'  I  am  a))<)ve  violat- 
in;r  my  pi  in<'i;)lis,  even  under  the  umart  of  in- 
jnry  and  laisc  iinimtationH.  I'njust  niixpicion.s 
and  inidi'siTvi'd  reproach,  whatever  pain  I  may 
t'.\|it'rienre  from  them,  will  not  iiidueo  ine.  I  truHt, 
nevertheless,  to  nverstip  the  liniitH  of  ronsntntion- 
al  duty,  or  to  *  ncroncti  on  the  rijrhtH  of  others. 
The  domestic  slavery  of  the  South  I  U'ave  where 
]  find  it — in  the  hands  of  their  own  povernmcnts. 
It  is  their  ailiiir,  not  mine  Nor  do  1  complain 
of  the  iH'cnliar  etlect  whi>-'>  tlic  majrnitude  of  that 
IK)pulation  has  hn<l  in  tiio  distribtition  of  power 
tnider  Ihis  federal  povernment.  Wo  know,  sir, 
that  the  representation  of  tlie  states  in  the  other 
liouse  is  not  e(|unl.  Wo  know  that  great  a<l- 
vantap',  in  that  re.spcct,  is  enjoyed  by  the  slave- 
lioldinp;  States ;  and  we  know,  too,  that  the  in- 
tendeci  efpiivalent  for  that  advantage,  that  is  to 
say,  the  imposition  of  direct  taxes  in  the  same 
ratio,  lias  become  merely  nominal ;  the  habit  of 
the  povernnient  being  almost  invariably  to  col- 
lect its  revenues  from  other  sources,  and  in  other 
modes.  Nevertheless,  I  do  not  complain:  nor 
would  r  countenance  any  movement  to  alter  this 
arran<?ement  ot  representation.  Iti.s  thcoriginal 
biirfiuin.  the  compact — let  it  stand:  let  the  od- 
vantajie  of  it  be  fully  enjoyed.  The  Union  itself 
is  too  full  of  benefit  to  bo  hazarded  in  proposi- 
tions (or  chanpiinji  its  oripinal  basis.  1  go  lor  the 
constitution  as  it  is,  and  for  the  Union  as  it  is. 
IJut  I  am  resolved  not  to  submit,  in  silence,  to 
accusations,  either  against  myself  individually, 
or  against  the  North,  wholly  unfounded  and  un- 
just ;  accusations  which  impute  to  us  a  disposi- 
tion to  evfide  the  constitutional  compact,  and  to 
extend  the  power  of  the  government  over  the  in- 
teiT.'d  laws  and  domestic  condition  of  the  States. 
All  sucli  accusations,  wherever  and  whenever 
mad'.',  all  insinuations  of  the  cxistanco  of  any 
sucli  purposes.  I  know,  and  feel  to  be  groundless 
and  injurious.  And  we  must  confide  in  southern 
gentlemen  themselves ;  we  must  trust  to  those 
whose  integrity  of  heart  and  magnanimity  of 
feeling  will  lead  them  to  a  desire  to  maintain  and 
dis.sen)inatc  truth,  and  who  pos.sess  the  means  of 
its  diffusion  with  the  southern  public ;  wc  must 
leave  it  lo  them  to  disabuse  that  public  of  its 
prejudices.  But,  in  the  mean  time,  for  my  own 
part,  I  shall  continue  to  act  Justly,  whether  those 
towards  whom  justice  is  exercised,  receive  it  with 
candor  or  with  contumely. " 

This  is  what  Mr.  Webster  said  on  the  subject 
if  slavery ;  and  although  it  was  in  reply  to  an  in- 
fective of  my  own,  excited  by  the  recent  agitation 


of  the  .Missouri  qucHtion,  I  made  no  an'-wrr  !> 
pugning  itA  correctnvHs;  and  muKt  mil  that  | 
never  saw  any  thing  in  Mr.  Webster  iiu on. |^;,,, 
with  what  hu  then  Kuid ;  and  lK'li(  ve  tluttUi 
same  resolves  could  have  iK-en  pns.sed  in  thosiinn 
woy  at  any  lime  fluring  the  thirty  ye.ir.s  tlm 
I  wa«  in  >  ongress. 

But  the  topic  which  became  the  leading fcaiDr..  I 
of  the  whole  debate ;  and  gave  it  uii  intcrst 
which  cannot  die,  was  that  of  nulliliealion-tt* 
assumed  right  of  a  state  to  annul  an  act  of  ('oi>. 
gross — then  first  broached  in  our  nationiil  led- 
lat  1  c  -  and  in  tho  discussion  of  which  Mr.  V,\\^  I 
ster  an<l  Mr,  llayne  were  the  chamiiion  sjnakn, 
on  opposite  sides — tho  latter  understood  to  U I 
speaking  tho  sentiments  of  the  Vice-Prcsiilom 
Mr.  Calhoun.     This  new  turn  in  tho  debate  ns  I 
thus  brought  about :  Mr.  IIayno,in  the  scctioiul  | 
nature  of  tho  discu.ssion  which  had  grown  up 
made  allusions  to  the  conduct  of  New  Knplaiil 
during  the  war  of  1812;  and  especially  to  ihe  I 
assemblage  known  as  tho  Hartford  Convention,  I 
ond  to  which  designs  unfriendly  to  the  Union 
had  been  attributed.     This  gave  Mr.  Webstirl 
the  rights  both  of  defence  and  of  retaliation ;  i 
he  found  material  for  tho  first  in  the  chararttr  I 
of  tho  assemblage,  and  for  tho  second  inthti 
public  meetings  which  had  taken  place  in  Sou'.li  I 
Carolina  on  tho  subject  of  tho  tarili— and  at  I 
which  resolves  were  passed,  and  proposition  I 
adopted  significant  of  resistance  to  the  act;  an<i,| 
con.sequently,  of  disloyalty  to  tho  Union.   He,  I 
in  his  turn,  mado  allusions  to  these  resolves  ami  I 
propositions,  until  he  drew  out  Mr.  Ilayncintol 
their  defence,  and  into  an  avowal  of  what  I 
since  obtained  tho  current  name  of  "  AuZ/Z/ifu-l 
tion;"  although  atthetimo  (during  the  debate) ill 
did  not  at  all  strike  mo  as  going  the  length  whichi 
It  afterwards  avowed;  nor  have  I  ever  believed | 
that  Mr.  Uayno  contemplated  disunion,  in  ujl 
contingency,  as  one  of  its  results.    In  cnterinJ 
upon  the  argument,  Mr.  Webster  first  sunnnedl 
up  tho  doctripo,  as  ho  conceived  it  to  bo  avowci| 
thus: 

"  I  understand  the  honorable  gentleman  frouj 
South  Carolina  to  maintain,  that  it  is  a  right  <.i\ 
tho  State  legislature  to  interfere,  whenever,  ill 
their  judgment,  this  government  transcends  iiil 
constitutional  limits,  and  to  arix'st  the  operaiiul 
of  its  laws. 

"  I  understand  him  to  maintain  this  right, isil 
right  existing  under  the  constitution;  notvil 
right  to  overthrow  it,  on  the  ground  of  cxtitui 


ANNO  IHW.     AM'IIKW  JACKSON.  I'KVMDKNT. 


i;i'.» 


ry.rv.ity,  itiK'li  «■*  WDiiliI  justify  riolcnt  revolii- 

t  "■ 

I  uniliT^tnnil  liiiii  to  iimiiiUin  nn  niithority. 

,n  the  i"»rt  of  the  StfitcM,  thus  to  inffrf'Ti'.  fur 

!,..■  WiriiO"^'  of  I'orn'ctinj;   the  exprrino  of  |iow(T 

I,  till'  piuTttl  (jiiviTiiiiii'iit.  of  chivkinjr  it,  nml 

,'ii>m|it'llMi}(  it  to  cuiiforiii  to  thi'ir  opinion  of  tlio 

,\wj\t  iif  its  pow<'rH. 

I  uivlcrKtiinii  him  to  inniiitnin  thnt  the  iilti- 

.  ,i;e  power  of  Jud^iiif;  of  tho  <*onstitiilioiml  ex- 

•  It  of  its  own  autliority  is  not  hnlj^t'd  exclusive- 

.111  till!  jrenornl  novemincnt,  or  nny  hriiiu'l*  of 

It;  hut  tliHt.  on  tho  conlmry,  tho  StateH  nmy 

liMU  <leci(l<;  for  theniselvcs,  nml  each  State 

iriiM'if,  wliether,  in  a  Riven  case,  tho  act  of  the 

...inni!  (jovemmfnt  traiisfcnils  its  power. 

'  I  iiniU'rstaml  him  to  insist  that,  if  the  exi- 

;  ncy  of  tho  case,  in  tho  opinion  of  any  .State 

[t  virninciit,  rc(iiiiro  it,  sucIj  State  government 

11,1V,  by  its  own  sovcrciirn  authority,  annul  an 

1 1  of  th"  t^'iicral  government,  which  it  deems 

piiily  and  palpably  unconstitutional." 

Mr.  Hayno,  evidently  unprepared  to  admit,  or 
Ifiillydeny,  the  propositions  as  broadly  laid  down, 
Ihad  recourse  to  a  Htatemcnt  of  his  own ;  and, 

)|)tiHl  for  that  purpose,  tho  third  resolve  of 
lllie  Viffjinia  resolutions  of  tho  year  171)8 — rc- 
lillirmed  in  170'.).  Ho  rose  immediately  and  said 
Ithat,  for  the  purpose  of  being  clearly  understood. 
lilt:  HoulJ  state  that  liis  proposition  was  in  the 
Ivords  of  tho  Virginia  resolution;  and  read  it — 

•That  this    Assembly    doth    explicitly  and 
icrcmptoiily  declare,  that  it  views  tho  powers 
\){  the  federal  government  as  resulting  from  the 
«nipact,  to  which  tho  States  arc  parties,  as  lim- 
It'ii  by  tlio  i)lain  sense  and  intention  of  tho  in- 
■tniment  constituting  that  compact,  as  no  farther 
kaiid  than  they  are  authorized  by  the  grants 
knunieratcd  in  that  compact ;  and  that,  in  case 
If  a  deliberate,  palpable,  and  dangerous  exercise 
^f  other  |)owers,  not  granted  by  the  said  coin- 
act,  the  States  who  are  parties  thereto  have  tho 
;'ht.  and  oro  in  duty  bound,  to  interpose,  for 
irasting  tho  progress  of  the  evil,  and  for  main- 
aininjr,  within  their  respective  limits,  the  author- 
llii's,  rights,  and  liberties,  appertaining  to  them." 

ThusJw'erc  the  propositions  stated,  and  argued 
«ach  speaker  taking  his  own  proposition  for 
|is  text ;  which  in  the  end,  (and  as  the  Virginia 
Ifsoiutions  turned  out  to  bo  understood  in  the 
i)uth  Carolina  sense)  came  to  bo  identical.  Mr. 
f'cbstcr,  at  one  point,  giving  to  his  argument  a 
pctical  form,  and  showing  what  tho  South 
iirolina  doctrine  would  have  accomplished  in 
lew  England  if  it  had  been  acted  upon  by  the 
lartford  Convention,  said ; 

■  IH  mo  here  say,  sir.  that,  if  the  gentleman's 
ctrine  had  been  received  and  acted  uixjn  in 


New  Knsland,  in  tlie  times  of  the  einluirp)  and 
non-ititercDiirM',  wi.  hIioiiIiI  (irolmlily  ii"i  n"W 
have  Ill-en  here.  The  jriivcriiiiiciit  wniild,  vrrv 
likely,  have  (rmi"  to  pi(.<s.i,  niid  rriiiiiliit'il  jnt'i 
dust.  No  Mtr<>n'.:er  caM)  ciiti  ever  iiriM'  tliiiii  ex 
isted  under  tliii>,o  law*  ;  lui  .'"Itairs  can  ever  en- 
tertain a  cleiirer  coiivictiou  tli:kii  the  New  Kn;:- 
land  State-,  then  eiit.'riuiiu'il ;  nnd  if  lln-y  lind 
iKH'n  uinler  the  inlliienfe  of  that  hiTcsv  «(  (i|iiii- 
i<m,  as  I  must  call  it,  whi<-|i  the  hoiinrulile  iiiciii- 
U-r  es|M)uses,  this  I  jiiim  would,  in  all  |iiHl,al,i!. 
ify,  have  been  wattend  to  the  fmir  w  iiuls.  I 
a.-ik  tho  gi'ntleinan,  therefure.  Id  apply  his  prin- 
ciples to  that  ca.se;  1  a.sk  him  to  come  forth  and 
declare,  whether,  in  his  opinion,  the  New  Kiijr- 
land  States  would  have  Ueii  jiislitied  in  iiitci- 
fering  to  break  up  the  emlii)r);o  system,  iiiuler 
the  conscientious  opinions  which  they  held  ii|ion 
it?  Had  they  u  right  to  annul  that  in  w?  1>(k<h 
ho  admit  or  deny?  If  that  which  i.s  thought 
palpably  unronstitutional  in  Soiitli  Carolina, 
justilies  that  State  in  arresting  the  progress  of 
tho  law.  tell  me,  w  liether  that  which  was  tlioii^dit 
palpably  unconstitutional  nl.so  in  .Massachusetts, 
would  have  juslitied  U  v'm  doing  the  .same  thing  ? 
Sir,  1  deny  tho  whole  (Kictrine.  It  has  not  a 
foot  of  ground  in  the  constitutiim  to  stand  on. 
No  public  man  of  reputation  ever  advanced  it  in 
Massachusetts,  in  the  warmest  times,  or  could 
maintain  hinuelt  ui)on  it  there  ut  any  time." 

He  argued  that  tho  doctrine  had  no  founda- 
tion either  in  the  constitution,  or  in  the  Virginia 
resolutions — that  the  constitution  makes  the 
federal  government  act  ufwn  citizens  within  tho 
States,  and  not  upon  the  Status  themselves. as  in 
tho  old  confederation :  that  within  their  consti- 
tutional limits  tho  laws  of  Congress  were  su- 
premo— and  that  it  was  treasonable  to  resist 
them  with  force:  and  that  the  question  of  theii 
constitutionality  was  to  bo  decided  by  the  Su 
prcme  Court.    On  this  point,  he  said  : 

"The  people,  then,  sir.  erected  this  govern- 
ment. They  gave  it  a  eonstiliition  ;  and  in  that 
constitution  they  have  enumerated  the  j)Ower.s 
which  they  bc.stow  on  it.  They  have  made  it  a 
limited  government.  They  have  delined  it.^ 
authority.  They  have  lestrained  it  to  the  exer- 
cise of  such  jKiwers  as  are  granted ;  and  all 
others,  they  declare,  are  reserved  to  the  States 
or  to  the  people.  But.  sir,  they  have  not  stop- 
ped here.  H  they  had,  they  would  have  accom- 
plished but  half  their  work.  No  delinition  can 
be  so  clear  as  to  avoid  possibility  of  doubt ;  no 
limitation  so  precise  as  to  exclude  all  uncertainty. 
Who  then  shall  construe  this  grant  of  tho  peo- 
ple ?  Who  shall  interpret  their  will,  where  it 
may  be  supjioscd  they  have  left  it  doubtful? 
With  whout  do  thoy  rcpo.se  this  ultimate  right 
of  deciding  on  the  jtowers  of  the  government? 
Sir,  they  have  settled  all  this  in  the  fullest  man- 
ner.   They  have  kft  it  with  tho  governmeut  it- 


L,.     i 


140 


TIIfRTY  YKARS*  VIEW. 


Kolf.  in  itK  np|ir.>|>rialo  l.rniirlu'M.  Sir,  tlio  vt-rr  Wlio  or  wimt  piven  tlicin  the  rijrht  to  My  i„  „, 
(liii'f  in<l,  till)  iniiiM  (l(«i>:ii,  fur  wliirli  tho  wliolf  |i(<i|)If,  'wo,  wli<»  iin<  your  ntniilH  nn.|  mtt,,  ' 
(•>)ii>.|itiitmn  HUH  tumuli  mikI  iulo|itci|  wnx.  to  i>s-  !  (or  iine  piirixiw,  will  iimlcrUko  to  (|«-i,|„  ,|  'I 
iiil.lisli  a  KoviTiiii'iiil  timt  slioiild  iir.t  Ik- ol.lr^'Hl  yiir  otluT  njii'nlH  arvi  HcrvnntM,  np|M.iMtH  \ 
(i)  mt  tliroii(:li  .Sliiti' iip'ii'-y,  or  ili'|"ii'l  on  .Stati' 
opiiiiiiii  iuhI  .State  (liHTction.  Tli(!  JH-opIo  liiid 
hail  <|iiito  enoii^rh  of  tlint  kitnl  of  pivt-rnimiit 
iiiKlir  tin-  conlitlrmi-y,  I'lKkr  that  systoin,  tho 
K'pil  a<'tioii,  thu  ni)plication  of  law  to  iiidividimln, 
licioiiKi'd  cxciiiRlvidy  to  thu  States.  (.'onjtruHs 
coiilil  only  rcronmiind  ;  tlicir  wts  wcro  not  of 
hiiidiiiK  forri',  till  the  States  had  adopted  and 
wiiictioiied  them.  Are  ne  in  that  condition  utill  / 
Are  we  yet  at  the  mercy  of  Statu  dis<;retion,  and 
ijlate  eonstnii'lion  7  Sir,  if  we  are,  then  vain 
will  ho  our  iittem|pt  to  luoiiitnin  the  tonHtitntion 
imder  w  Inch  wc  sit.  Jiiit,  sir,  tho  jieoplo  have 
wisely  jirovided,  in  tho  constitution  itself,  a  pro- 
|ier,  Kuitahlu  mode  and  trihiwial  for  settlinp  (|iies- 
tioim  of  constitutional  law.  There  are,  in  the 
constitntion,  prants  of  powers  to  t'onjrrc.sH,  and 
restrictions  on  these  jiowcrs.  There  iiro.  also, 
prohihitions  on  tho  Slates.  Some  anthority 
must,  therefore,  necessarily  exist,  linvinp;  the 
ultimate  jurisdiction  to  li.\  ami  ascertain  tho  in- 
terjiretation  of  the.sc  prar.ts,  restrictions,  and 
l)rohihitions.  Tho  constitution  has,  itself,  point- 
ed out,  onlained,  and  estahlished,  that  authority. 
How  has  itaccomplishcil  this  great  and  essential 
end?  ]ly  declaring,  sir,  that  '  tho  const. tution, 
and  the  laws  of  tho  United  States  made  in  jjur- 
Huance  thereof,  sh  vll  be  tho  supremo  law  of  the 
lan<l,  any  thing  in  tho  constitution  or  laws  of 
any  State  to  the  contrary  notwithstanding.' 

"  This,  sir,  was  the  first  great  step,  hy  tin's, 
tho  supreimicy  of  tho  constitution  and  laws  of 
the  United  States  is  declared.  Tho  people  so 
will  it.  No  State  law  is  to  he  valid  which  comes 
in  conflict  with  the  constitution  or  any  law  of 
tiio  United  States.  Jtut  who  shall  decide  this 
(]ucsti<m  of  interference  ?  To  whom  lies  the  last 
appeal  ?  This,  sir,  the  constitution  itself  decides 
also,  by  declaring  '  that  the  judicial  power  shall 
extend  to  all  cases  arising  under  the  constitution 
and  laws  of  tho  United  States.'  These  two  pro- 
visions, sir,  cover  the  whole  ground.  They  are, 
in  truth,  the  key-stone  of  the  arch.  With  these, 
it  is  a  constitution ;  without  them  it  is  a  confed- 
eracy. In  pursuance  of  these  clear  and  express 
provisions,  Congress  established,  at  its  very  first 
session,  in  the  Judicial  Act,  a  mode  for  carrying 
them  into  full  eflect,  and  for  bringing  nil  ques- 
tions of  constitutional  power  to  the  final  decision 
of  tho  Supreme  Court.  It  then,  sir,  becamo  a 
government.  It  then  had  tho  means  of  self- 
protection  ;  and,  but  for  this,  it  would,  in  all  pro- 
bability, have  been  now  among  things  which  are 
past.  Having  constituted  tho  government,  and 
declared  its  jjowers,  tho  people  have  farther  said, 
that,  since  somebody  must  deci<le  on  the  extent 
of  these  powers,  the  government  shall  itself 
decide  ;  subject,  always,  like  other  popular  go- 


vernments, to  its  responsibility  to  the  people. 
And  now.  sir,  I  repeat,  how  is  it  that  a  State 
kgislature  acquires  any  power  to    interfere? 


AVith  respect  to  tho  Virginia  rcsoluiionK  „  ■ 
which  Mr.  Hayno  relied,  Mr.  Webster  dispiii^l 
the  interpretation  piit  upon  them — claJriK^I  f, 
them  an  innocent  and  Justifiable  mennin|r-.nn,i| 
exempted  Mr.  Madison  from   tho  suspicion  .fl 
having  penned  a  resolution  nssertinx  the  pi'ij 
of  n  SUito  legislature  to  annul  an  nrtof('(* 
gress,  and  thereby  putting  it  in  the  powtr  of  ,f 
State  to  destroy  a  form  of  government  which 
liad  ju.41  labored  bo  hard  to  establish,    'i;,  ||. 
eflc'ct  he  said : 

''  I  wish  now,  sir,  to  make  u  remark  upon  I'J 
Vii-ginia  resolutions  of  17'.)«.     I  cnniiot  unilirl 
take  to  say  how  these  resolutions  were  iiniiin 
stood  by  those  who   passed  them.    Tlioir  Im 
guago  is  not  a  little  indefinite.     In  tho  cose  of  i|] 
exercise,  by  Congress,  of  a  dangerous  power,  nJ 
granted  to  them,  tho  resolutions  as.sert  the  riilia 
on  the  part  of  the  State,  to  interfere,  and  nrnjf 
the  progress  of  the  evil.     This  is  susceptililc 
more  than  one  interpretation.     It  may  niiaii  i 
more  than  that  tho  States  may  interfere  by  i 
plaint  and  remonstrance ;  or  by  proposing  to  t[ 
people  an  alteration  of  the  federal  constitutioi 
This  would  all  be  quite  unobjectionable ;  or.  i 
may  be,  that  no  more  is  meant  than  to  assert  iu 
general  right  of  revolution,  as  against  ail  m 
ernmcnts,   in  coses  of   intolerable   opprcsski 
This  no  one  doubts ;  and  this,  in  my  opinion,] 
all  that  he  who  framed  tho  resolutions  cod 
have  meant  by  it :  for  I  shall  not  readily  belieij 
that  ho  (Mr.  Madison)  was  ever  of  opinion  tiiiii I 
StatOj  under  tho  constitution,  and  in  confurmia 
with  it,  could,  upon  th:-  •round  of  her  own  npinjj 
of  its  unconstitutionality,  however  clear  awl  [ 
pablo  sho  might  think  tho  case,  annul  a  h\ii 
Congress,  so  far  as  it  should  operate  on  kn^ 
by  her  own  legislative  power." 

Mr.  Ilayne,  on  his  part,  disclaimed  all  initl 
tion  of  the  Hartford  Convention;  and  pave( 
tho  practical  part  of  his  doctrine)  tho  pledge  J 
forcible  resistance  to  any  attempt  to  enforce  g 
constitutional  laws.    Ho  said : 

"  Sir,  unkind  as  my  allusion  to  the  IlarlfoJ 
Convention  has  been  considered  by  its  SHpporta 
I  apprehend  that  this  disclaimer  of  the  genu 
man  will  bo  regarded  as  '  the  unkindcst  cut] 
all.'  When  the  gentleman  spoke  of  the  fu 
lina  conventions  of  Colleton  and  Alberillclj 
me  tell  him  that  he  spoke  of  that  which 


»1  fxi.tteiii'e,  except 
;;i,n'  liuie,  indood,  b 
,  tho*'  dijttrictn    ((J 
gi,>l>ii  and   patriotic 
Jl„,i,ll  but  wu  havo  h 
,„.i»Ikii  South  Caro 
|i««-iin,'  tor  the  redivi 
I  111  thu  gentleman    | 
;  iiiive  ever   l>een 
Iliirtlord  Conven 
|i|;,,ll<i)ii.seiit  to  lake  s 
I  ;ii:i|  more  favor  in  our 
|.jtni!cii  to  us  by  tho 
l(,ti>.    Sirj  wo  would 
|(f,|il(ii'ullies  created  b 
Jfroin  the  feileral  govei 
Itiir  t'ricvaiices.     Wo 
lan'titiilional  rights,  in 
lliiit  if  tlie  country  shou 
In  I  war  to-morrow,  wi 
1(0  ilie  standard  of  ou 
■lick  the  common   em 
|ii{>i  I  the  restoration  ol 
The  gentleman  has 
kuloiir  scheme  prnctii 
Lrnc't  in  my  view  of 
■oiT'i.  n{  course,  that  tli 
W  hh^hed,  the  federal  j 
nsjiiiesee  in  a  solemn  <i 
i:  its  sovereign  c,ip.icit 
Juikeftn  iipi)Oal  to  tlioji 
fl  liiu  constitution.     Tl 
Sute  (made  either  throi 
oiivciition,  as  may  be  si 
^rriu  of  its  sovereign  wi 
jC  now  to  discuss)  bin 
int,  under  tho  highest  ( 
Dl to resoit  to  any  rm 
k  citizens  of  tho  dissen 
an  any  collision  ensue  1 
'iatc  (,'overninent.s,  un 
hoiild  (k'termino  to  enib 
Itiliitional    means  ?      W 
jreminent  do,  in  suclt 
he  gentleman,  to  the  c 
I  any  man  believe  that 
cision  of  a  State,  that 
igros,s,  palpable,  and  do 
liibtitution,' and  tho  in 
i'D  authority  to  proto( 
kiirjiation,  that  juries  ( 
leaiy  to  register  tho  d 
holly  regardless  of  the 
pr  of  their  acts  ?    Wi 
ndthatjuriesarotobo 
tlie  point  of  tho  bayon 
the  United  States  to  L_ 
onoiinced  to  bo  unconst 
EBipt  should  be  made 
[loellcct,  by  force,  in  wl 
from  an  attempt  to  < 
lifted  by  the  courts,  o 
fful  and  unwarrantable 
ts,s  should  pass  an  s 
bupating  our  slaves, 


vl 


ANNO  1839.    ANDUKW  JAt  Kso.V.  nu>lI»F.NT. 


141 


Hit')' 


„1  fimUMico,  <-xc(>|it   in  hin  own   imniiiiuttion. 
i,ri  lii»»*'.  ii»'li>u'l,  '«-'^'i>  tiHtliniTH  of  till'  iKMiplu 
ill,,*  (lisiriflM    )i)iii|i(i'<«'t|,   nir,   of    M    huh- 
,.|,i|  ami   putnotic  iiioii  m  any  country  can 
l<ui.>t;  ''"'  *"  ''"*'"  '"*''  ""  '<'oi'venticMi'»sytti 
,,,,j«lii'ii  South  Carolinn  Mimll  rvnort  to  hii<;Ii  u 
j,i.ur«  t'lr  tlio  ruilioHiH  of  Iter  uricviuiei-s,  lot  nu' 
,  ;i  tlio  );L'ntli'niiin    Hint,  of  all  tliu  tk>M.-iul)liL's 
,  jt  liiive  c'vir  In-x-n  convened  in  this  country, 
,ji,  llarlforil  Convention   is   tho  very  liust  we 
,;  ,11  niiisi'nt  to  lake  as  iin  example ;  nor  will  it 
"iinl  more  favor  in  our  eyes,  from  Iwinj,'  reconi- 
Ijiii'lwl  to  us  by  the  Kenator   from  AliWMichu- 
,t!v    Sir,  wu  would  Kcorn  to  tuko  udvautaj^e 
cfililticiilties  creiitrd  by  a  foreijtn  wnr,  to  wriu).' 
from  the  federal  piverinnent  a  redress  even  of 
our  irrievauceH.     Wc  nro  Htaiulinn  up  for  our 
QD.titiitiDiial  riKbls,  in  a  time  of  profound  pence; 
Ibit  if  'I'l!  country  should,  «inhuppily,  bo  IuvoIvihI 
L I  war  to-morrow,  wu  hIiouUI  bo  found  ilying 
(,,  tlic  litnnilard  of  our  country — llrst  drivinjf 
|l4ck  tiio  common   enemy,  and   then   insisting; 
ii|,:i  llie  ristorntion  of  our  rights. 
•  riie  p  iitleman  lias  called  uiwn  ns  to  cnri-y 
Hit  our  sfhomc  practi<"ally.     Now,  sir,  if  1  iim 
ffrtt  ill  my  view  of  this  matter,  then  it  fol- 
l,),v<.  of  courso,  that  the  rij^ht  of  a  State  beinp 
it  Wished,  llio  federal  Rovernracnt  is  bound  to 
iiiiiivsce  in  a  solemn  decision  of  a  State,  acting 
;  its  s()verei;:n  capacity,  at  least  so  far  as  to 
jiiko  nil  iipiic-al  to  tho  jieoplo  for  an  amendment 
|o  tiio  constitution.     Ihis  colcmn  decision  of  a 
uto  (made  either  through  its  legislature,  or  a 
iivciition,  as  may  bo  supposed  to  bo  tho  proper 
;ui  of  its  Kovcroinn  will — a  point  I  do  not  pro- 
1,0  now  to  discuss)  bin«ls  tho  federal  covern- 
L. nt,  under  tho  highest  constitutional  obligation, 
Kit  to  resort  to  anv  means  of  coercion  against 
I'  citizens  of  tho  dissenting  State.     How,  then, 
U  liny  collision  ensue  lietween  the  federal  and 
Itatc  governments,  unless,  indeed,  tho   former 
loiild  (lolermino  to  enforce  tho  law  hy  uncon- 
(titntional    moans?     What  could  tho   federal 
]i)rerninent  do,  in  such  r  caso  ?     Kesort,  says 
I  gentleman,  to  tho  courts  of  justice.    Now, 
1  any  man  belicvo  that,  in  the  face  of  a  solemn 
(cisiou  of  a  State,  that  an  act  of  Congress  is 
I  gross,  palpable,  and  deliberate  violation  of  tho 
biBtilution,'  and  tho  interposition  of  its  sove- 
kijn  authority  to  protect  its  citizens  from  the 
tiir|iation,  that  juries  could  bo  found   rcafly 
leixly  to  register  tho  decrees  of  tho  Congress, 
Iholly  regardless  of  the  unconstitutional  char- 
Ittr  of  their  acts  t    Will  tho  gentleman  con- 
fnd  that  juries  aro  to  bo  coerced  to  find  verdicts 
i  the  point  of  the  bayonet  ?    And  if  not,  how 
ethc  Uiuted  States  to  enforce  an  act  solemnly 
lonounced  to  bo  unconstitutional  ?     But,  if  the 
icmpt  should  bo  made  to  carry  such  a  law 
|to  cHl'ct,  by  force,  in  what  would  the  case  dif- 
fiom  an  attempt  to  carry  into  efifoit  an  act 
llliiiud  by  the  courts,  or  to  do  any  other  un- 
"  1  and  unwarrantable  act  1    Suppose  Con- 
sliould  pass  an  agrarian  law,  or  a  law 
bucipating  our  slaves,  or  should  commit  any 


other  groHK  vicihition  of  our  ciinKtitiitioiinl  riKhls, 
will  any  (ccntliiimii  lunU'iid  (hat  Ihc  ili-iiHinnnl' 
every  briiiieh  of  tin-  fidenil  jrnvcrniiifiit,  in  fa\i<r 
of  Kuch  laws,  roiilil  prevent  lIu-  Slale.-i  from  de- 
claring them  null  and  void  and  protecting  theii 
citizens  from  their  o|HT»(i(iu  / 

"Sir,  if  Congress  .should  ever  attempt  to  en- 
force any  such  laws,  thcv  would  put  llicnisclves 
HO  clearly  in  the  wmn:;,  that  n,)  one  could  doubt 
the  right  of  the  Stale  to  exert  its  protecting 
|K)wer. 

''Sir,  tho  gentleman  has  alluded  to  that  por- 
tion of  ttio  militia  of  South  Carolina  with  which 
[  hare  tho  honor  to  bo  roniieoted,  and  asked 
how  they  would  lU'X  in  tho  event  of  the  nullitl- 
cation  of  tho  tariff  law  by  the  State  of  South 
Carolina  i  The  tone  of  the  gentlemiin.  on  this 
subject,  did  not  seem  to  me  as  res|ieetfid  as  I 
o)ul<l  have  desired.  1  hope,  sir,  no  iinputatiop 
was  inteniied, 

[Mr.  Webster:  "Not  at  nil;  just  the  re- 
verse'."] 

''Well,  sir.  tho  gci.tlcman  a.'^ks  what  tlieir 
leaders  woultl  bo  able  to  read  to  them  out  of 
Coko  ujion  Littleton,  or  any  other  law  book,  to 
justify  their  enterprise  i  Sir,  let  me  as.tiiro  the 
gentleman  that,  whenever  any  attempt  shall  be 
made  from  any  quarter,  to  enforce  uncDnslitii- 
tional  lav.«  clearly  violating  our  e.'ssentiul  rights, 
our  leader**  (whoever  they  may  be)  will  not  ho 
found  reading  black  letter  from  the  musty  jiagis 
of  old  law  books.  They  will  look  to  the  consti- 
tution, and  when  called  ujion,  by  tho  sovereign 
authority  of  the  State,  to  Jireservo  and  protect 
tho  rights  secured  to  them  by  the  charter  of 
their  liberties,  they  will  succeed  in  defending 
them,  or  '  perish  in  the  last  ditch.' " 

I  do  not  pretend  to  give  tho  arguments  of  tho 
gentlemen,  or  even  their  substance,  but  merely 
to  state  their  propo-sitions  and  their  conclusions. 
For  myself,  I  did  not  believe  in  any  thing  serious 
in  tho  new  interpretation  given  to  the  Virginia 
resolutions — did  not  believe  in  any  thing  jn  r  '- 
cal  from  nullification — did  not  believe  in  forciWo 
resistance  to  tho  tarifl"  laws  from  South  Carolina 
— did  not  believo  in  any  scheme  of  disunion — 
bolicvod,  and  still  believo,  in  the  pati  "oti.sm  of 
Mr.  Hayne t  and  as  ho  came  into  tl';  argument 
on  my  side  in  tho  article  of  the  public  lands,  ko 
my  wishes  were  with  him,  and  I  helped  him 
where  I  could.  Of  this  desire  to  help,  and  disbe- 
lief in  disunion,  I  gave  proof,  in  ridiculing,  sa 
well  as  I  could,  Mr.  Webster's  fine  peroration 
to  liberty  and  union,  and  really  thought  it  out 
of  place — a  fine  piece  of  rhetoric  misplaced,  for 
want  of  circumstances  to  justify  it.  lie  had 
concluded  thus : 

"  When  my  eyes  shall  be  turned  to  behold, 
for  the  lost  time,  the  sun  in  heaven,  may  I  not  see 


'' 


142 


THIRTY  YEARS'  VIEW. 


him  KliiiiinR  on  the  bro'.en  nnd  dishonored  fraf»- 
iiiL'iits  of  a  oiifc  fjlorioiiH  rnion  ;  on  States  dis- 
Kcvored,  fliscordniit,,  iR-lh^'erenl ;  on  a  Inml  rent 
Willi  civil  funds,  or  drenched,  it  may  he,  in  fra- 
ternal h!(K>d  !  Let  their  last  feehle  and  linjrenng 
glance,  rather,  Ijehold  the  porfjeoiis  ensigii  of  t!ie 
republic,  now  known  nnd  honored  throughout 
the  earth,  still  full  hi^h  advanced,  its  arms  and 
tro|ihies  streaming  in  their  original  lustre,  not  a 
stripe  erased  or  polluted,  nor  a  single  star  ob- 
scured, bearing  for  its  motto  no  such  miserable 
interrogatory  as,  Wliat  is  all  this  worth  ?  Nor 
those  other  words  of  delusion  and  folly,  Liberty 
first,  and  Union  afterwards:  but  every  where, 
spread  all  over  in  characters  of  living  light,  blaz- 
ing on  all  its  ample  folds,  ,is  they  Hoat  over  the  sea 
nnd  over  the  land,  and  in  every  wind  imder  the 
whole  heavens,  that  other  sentiment,  dear  to  every 
true  American  heart — I^iberty  and  Union,  now 
and  for  ever,  one  and  inseparable  !  " 

These  were  noble  sentiments,  oratorically  ex- 
pressed, but  too  elaborately  and  too  artistically 
comiKJsed  for  real  grief  in  presence  of  a  great  ca- 
lamity— o*"  which  calamity  I  saw  no  sign;  and 
therefore  deemed  it  a  fit  subject  for  gentle  casti- 
gation :  and  essayed  it  thus : 

"  I  proceed  to  a  different  theme.  Among  the 
novelties  of  this  debate,  is  that  part  of  the  speech 
of  the  senator  from  JIassachusetts  which  dwells 
with  .such  elaboration  of  declamation  nnd  orna- 
ment, upon  the  lovo  and  blessings  of  union — 
the  hatred  and  horror  of  disunion.  It  was  a 
I)iirt  of  the  senator's  speech  which  brought  into 
lull  play  the  favorite  Ciceronian  figure  of  ampli- 
fication. It  was  up  to  the  rule  in  that  particu- 
lar. But,  it  seemed  to  me,  that  there  was  an- 
other rule,  and  a  higher,  nnd  a  precedent  ono. 
which  it  violated.  It  was  the  rule  of  propriety ; 
that  rule  which  requires  the  fitness  of  things  to 
be  considered ;  which  requires  the  time,  the 
place,  the  subject,  and  the  audience,  to  bo  consid- 
ered ;  and  condemns  the  delivery  of  the  argu- 
ment, and  all  its  flowers,  if  it  fails  in  congru- 
ence to  these  particulars.  I  thought  the  essay 
upon  union  and  disunion  had  so  failed.  It  came 
to  us  when  we  were  not  prepared  for  it ;  when 
there  was  nothing  in  the  Senate,  nor  in  the  coun- 
try to  grace  its  introduction ;  nothing  to  give,  or 
to  receive,  effect  to,  or  from,  the  impassioned 
scene  that  we  witnessed.  It  may  be,  it  was  the 
prophetic  cry  of  the  distrncted  daughter  of  Pri- 
am, breaking  into  the  council,  nnd  alarming  its 
tranquil  members  with  vaticinations  of  the  fall 
of  i  i  oy :  but  to  mo,  it  all  sounded  like  the  sud- 
den prociumation  for  an  earthquake,  when  the 
sun,  the  earth,  the  air,  announced  no  such  prodi- 
gy ;  when  nil  the  elements  of  nature  were  at 
rest,  and  sweet  repose  pervading  the  world. 
There  was  a  time,  and  you,  and  I,  and  all  of  us, 
did  see  it,  sir,  when  such  a  speech  would  have 
found,  in  its  delivery,  every  attribute  of  a  just 
and  rigorous  propriety  I  It  was  at  a  time,  when 
the  five-striped  banner  was  waving  over  the  laud 


of  the  North !  when  the  Hartford  Cnnvcmi, 
was  in  ses.sion  !  when  the  language  in  the  mt  j 
tol  was,  "Peaceably,  if  we  can;  forcibly  jf  ^'j 
must !  "  when  the  cry,  out  of  doors,  was.  ••  m  J 
Po'omac  the  boundary;  the  negro  Statw  I J 
themselves!  The  Alleghanies  the  boun(ian'j 
the  Western  savages  by  themselves !  The  \|' j 
sii)pi  the  boundary,  let  Missouri  be  governed  \M 
a  prefect,  or  given  up  as  a  haunt  for  wild  b^^(^ ' J 
That  time  was  the  fit  occasion  for  this  Kuitii  ] 
and  if  it  had  been  delivered  then,  either  in  tij 
hall  of  the  House  of  Representatives,  or  inti? 
den  of  the  Hartford  Convention,  or  in  the  hi^J 
way  among  the  bearers  and  followers  of  tU 
five-striped  banner,  what  effects  mustitnothavJ 
produced !  What  terror  and  consternation  amotil 
the  plotters  of  disunion !  But,  here,  in  this  lovjt 
and  quiet  assemblage,  in  this  season  of  gciu^l 
tranquillity  and  universal  allegiance,  the  vhM 
performance  has  lost  its  effect  for  want  of  aitiaJ 
ity,  connection,  or  relation,  to  any  subject  4 
pending,  or  sentiment  expressed,  in  the  SenatH 
for  want  of  any  application,  or  reference,  to  am'l 
event  impending  in  the  country." 

I  do  not  quote  this  passage  for  any  tiiinJ 
that  I  now  see  out  of  place  in  that  peronJ 
tion ;    but  for  a  quite  different  purpose— fJ 
the  purpose  of  showing  that  I  was  slow  tcl 
believe  in  any  design  to  subvert  this  Union- 
that  at  the  time  of  this  great  debate  (Febnian 
and  March,  1830)  I  positively  discredited  it.| 
and  publicly  proclaimed  my  incredulity,   I  c 
not  want  to  believe  it.    I  repulsed  the  belief. 
pushed  aside  every  circumstance  tliat  Jlr.  ^\'t\^ 
ster  relied  on,  and  softened  every  expression  tiuj 
Mr.  Hayne  used,  and  considered  him  as  limitim 
(practically)  his  threatened  resistance  to  thet 
act,  to  the  kind  of  resistance  which  Virginj 
mode  to  the  alien  and  sedition  laws — which  vu 
an  appeal  to  the  reason,  judgment  and  fceliiig 
of  the  other  States — and  which  had  its  effect  1 
the  speedy  repeal  of  those  laws.    Mr.  Calhooj 
had  not  then  uncovered  his  position  in  relatione 
nullification.    I  knew  that  Mr.  Webster 
speaking  at  him  m  all  that  he  said  to  Mr.  ilajitJ 
but  I  would  believe  nothing  against  him  exce[(( 
upon  his  own  showing,  or  undoubted  cvidcm 
Although  not  a  favorite  statesman  with  me,  I  fc 
admiration  for  his  high  intellectual  endowment^ 
and  respect  for  the  integrity  and  purity  of  l 
private  life.    Mr.  Hayne  I  cordially  loved;  1 
believed,  and  still  believe,  in  the   loyalty  1 
his  intentions  to  the  Union.    They  were  i 
from  the  South — that  sister  Carolina,  of  vhidj 
the  other  was  my  native  State,  and  in  both  ( 
which  I  have  relatives  and  hereditary  friend! 


C  H  A  P  T  E 


EEPEAL  OF  1 


a«  as  soon  as  the  war 


ANNO  1830.     ANDREW  JACKSON.  PRESIDENT. 


143 


^.,j  for  \rhich  I  still  have  the  aflcctions  which 
.,,[10  but  the  wickc«l  ever  lose  for  the  land  of  their 
l,;rth;  and  I  felt  ns  they  did  in  nil  that  relates 
n  the  tarilF— except  their  rcmc<ly.  But  enough 
fr the  prt'scnt.  The  occa.sion  will  come,  when 
« arrive  at  the  practical  application  of  the  mo- 
dern nullification  doctrine,  to  vindicate  the  con- 
ftitation  from  the  political  soleci.sm  of  containing 
fithin  it.'^clf  a  suicidal  principle,  and  to  vindi- 

I  Cite  the  Virginia  resolutions,  and  their  authors 
and, in  their  own  language),  from  the  "  anarehU 

I  tiling  preposterovs  "  interjirctation  which  has 
been  put  upon  their  words. 


CHAPTER    XLV. 

REPEAL  OF  THE  SALT  TAX. 

L  TAX  on  Salt  is  on  odious  measure,  hated  by 
III  people  and  in  all  time,  and  justly,  because 
Ibeing  an  article  of  prime  necessity,  indispensable 
Ito  man  and  to  beast,  and  bountifully  furnished 
I  by  the  Giver  of  all  good,  the  cost  should 
Kit  be  burthened,  nor  the  use  be  stinted  by  gov- 
[emment  regulation ;  and  the  principles  of  fair 
nation  would  require  it  to  be  spared,  because 
ft  is  an  agent,  and  a  great  one,  in  the  develop- 
pieut  of  many  branches  of  agricultural  and  me- 
chanical industry  which  add  to  the  wealth  of 
llic  country  and  produce  revenue  from  the  cx- 
lorts  and  consumption  to  which  they  give  rise. 
people  hate  the  salt  tax,  because  they  are  obliged 
)  have  the  salt,  and  cannot  evade  the  tax :  gov- 
ernments love  the  tax  for  the  same  reason — be- 
Busc  people  are  obliged  to  pay  it.    This  would 
!cm  to  apply  to  governments  despotic  or  mo- 
larchial,  and  not  to  those  which  are  representii- 
Svc  and  popular.    But  representative  govern- 
pts  sometimes  have  calamities — war  for  exam- 
|le-\vhen  subjects  of  taxation  diminish  as  need 
kr  revenue  increases:  and    then    represcnta- 
jve  governments,  like  others,  must  resort  to  the 
jbiects  which  will  supply  its  necessities.    This 
i  twice  been  the  case  with  the  article  of  salt 
^  the  United  States.    The  duty  on  that  article 
las  carried  up  to  a  high  tax  in  the  quasi  war 
jilh France  (1798),  having  been  small  before; 
pthen  only  imposed  as  a  war  measure — to 
ase  as  soon  as  the  war  was  over.    But  all  gov- 


emmcntM  work  alike  on  the  im|)<isiti<>n  niid  ru- 
lease  of  taxes — easy  to  pet  tluin  on  in  a  time  of 
necessity — ban!  to  get  them  off  whi-n  tliu  nocos- 
sity  has  pa.ssc<l.  So  of  this  first  war  tax  on 
salt.  The  "  speck  of  war  "  with  France,  visihlo 
above  the  horizon  in  'i)8,  soon  sunk  below  it ; 
and  the  sunshine  of  peace  prevailed.  In  the 
year  1800 — two  years  after  the  duty  was  rniscd 
to  its  maximum — the  countries  were  on  the  most 
friendly  terms ;  but  it  wa.s  not  until  1807,  and 
under  the  whole  power  of  Mr.  Jelferson's  ad- 
ministration, that  this  temporary  tax  was  abol- 
ished ;  and  with  it  the  whole  system  of  fishing 
bounties  and  allowances  founded  ui)on  it. 

In  the  wor  of  1812,  at  the  commencement  of 
the  war  with  Great  Britain,  it  was  renewed. 
w^ith  its  concomitant  of  fishing  bounties  and 
allowances;  but  still  as  a  temporary  measure, 
limited  to  the  termination  of  the  war  which  in- 
duced it,  and  one  year  thereafter.    The  war  ter- 
minated in  1815,  and  the  additional  year  expired 
in  1810 ;  but  before  the  year  was  out,  the  tax 
was  continued,  not  for  a  definite  period,  but 
without  time — on  the  specious  argument  that, 
if  a  tune  was  fixed,  it  would  be  difllcult  to  get  it 
off  before  the  time  was  out :  but  if  unfixed,  it 
would  be  easy  to  got  it  off  at  any  time :  and  all 
agreed  that  that  was  to  be  soon — that  a  tempo- 
rary continuance  of  all  the  taxes  was  necessary 
until  the  revenue,  deranged  by  the  war,  should 
become  regular  and  adequate.    It  was  continued 
on  this  specious  argument — and  remained  in  full 
until  General  Jackson's  administration — and,  in 
part,  until  this  day  (1850) — the  fishing  boun- 
ties and  allowances  in  full :  and  that  is  the  work- 
ing of  all  governments  in  the  levy  and  repeal  of 
taxes.    I  found  the  salt  tax  in  full  force  when  I 
came  to  the  Senate  in  1820,  strengthened  by 
time,  sustained  by  a  manufacturing  interest,  and 
by  the  fishing  interest  (which  made  the  tax  a 
source  of  profit  in  the  supposed  return  of  the 
duty  in  the  shape  of  bounties  and  allowances)  : 
and  by  the  whole  American  system ;  which  took 
the  tax  into  its  keeping,  as  a  protection  to  a 
branch  of  home  industry.    I  found  efforts  being 
made  in  each  House  to  suppress  this  burthen 
upon  a  prime  necessary  of  life ;  and,  in  the  ses- 
sion   1829-'30,  delivered  a  speech  in  support 
of  the  laudable  endeavor,  of  which  these  are 
some  parts : 

"  Mr.  Benton  commenced  his  speech,  by  say- 
ing that  he  was  no  advocate  for  unprofitable  do- 


Ji'fi 


-m 


144 


THIRTY  YEARS'  VIEW. 


bate,  ami  lia<l  no  ambition  to  add  his  name  to 
the  catalopiie  of  barren  orators;  but  that  there 
were  ciisis  in  whicli  sjieakinj;  di<l  gootl ;  casi's  in 
wliich  nioilirnte abilitiea  produced  great  results ; 
anil  he  believed  the  question  of  rei)calinp;  the 
palt  tax  to  be  one  of  those  cases.  It  ha<l  cer- 
taiidy  been  so  in  England.  There  the  salt  tax 
I'lad  been  overthrown  by  the  labors  of  plain  men, 
(inder  circumstances  much  more  unfavorable  to 
their  undertaking  than  exist  hero.  The  English 
salt  tax  had  continued  one  hundred  and  fifty 
years.  It  was  cherished  by  the  ministry,  to 
whom  it  yielded  a  million  and  a  half  sterling  of 
revenue ;  it  was  defended  by  the  domestic  salt 
makers,  to  whom  it  gave  a  monopoly  of  the 
liome  market ;  it  was  coasccrated  by  time,  hav- 
ing subsisted  for  live  generations ;  it  was  forti- 
lied  by  the  habits  of  the  people,  who  were  born, 
and  had  grown  gray  under  it ;  and  it  was  sanc- 
tioned by  the  necessities  of  the  State,  which  re- 
quired every  resource  of  rigorous  taxation.  Yet 
it  was  overthrown ;  and  the  overthrow  was  ef- 
fected by  two  debates,  conducted,  not  by  the 
orators  whose  renown  has  filled  the  world — not 
by  Sheridan,  Burke,  Pitt,  and  Fox — but  by  plain, 
business  men — Mr.  Calcraft,  Mr.  Curwen,  and 
Mr.  Egerton.  These  patriotic  members  of  the 
British  Parliament  commenced  the  war  upon  the 
British  salt  tax  in  1817,  and  finished  it  in  1822. 
They  commenced  with  the  omens  and  auspices 
all  against  them,  and  ended  with  complete  suc- 
cess. They  abolished  the  salt  tax  in  toto.  They 
swept  it  all  off,  bravely  rejecting  all  compro- 
mises when  they  had  got  their  adversaries  half 
vanquished,  and  carrying  their  appeals  home  to 
the  people,  until  they  had  roused  a  spirit  before 
which  the  ministry  quailed,  the  monopolizers 
trembled,  the  Parliament  gave  way,  and  the  tax 
fell.  This  example  is  encouraging ;  it  is  full  of 
consolation  and  of  hope ;  it  shows  what  zeal  and 
perseverance  can  do  in  a  good  cause :  it  shows 
that  the  cause  of  truth  and  justice  is  triumphant 
when  its  advocates  are  bold  and  faithful.  It 
leads  to  the  conviction  that  the  American  salt 
tax  will  fidl  as  the  British  tax  did,  as  soon  as 
the  people  shall  see  that  its  continuance  is  a 
burthen  to  them,  without  adequate  advantage  to 
the  government,  and  that  its  repeal  is  in  their 
own  hands. 

"  The  enormous  amount  of  the  tax  wn  the 
first  point  to  which  Mr.  B.  would  direct  his  at- 
tention. He  said  it  was  near  three  hundred  per 
cent,  upon  Liverpool  blown,  and  four  hundred 
per  cent,  upon  alum  salt ;  but  as  the  Liverpool 
was  a  very  inferior  salt,  and  not  much  used  in 
the  West,  he  would  confine  his  observations  to 
the  salt  of  I'ortugal  and  the  AVe.st  Indies,  called 
by  the  general  name  of  alum.  The  import  price 
of  this  salt  was  from  eight  to  nine  cents  a  bush- 
el of  fifty-six  pounds  each,  and  the  duty  upon 
that  bushel  was  twenty  cents.  Here  was  a  tax 
of  upwaixls  of  two  hundred  per  cent.  Then  the 
merchant  had  liis  profit  upon  the  duty  as  well 
as  the  cost  of  the  article :  "nd  when  it  went 
through  the  hands  of  several  merchants  before 


it  got  to  the  consumer,  each  had  his  profit  wu, 
it ;  and  whenever  this  profit  amounted  to  It^. 
per  cent.  u()0U  the  duty,  it  was  upwards  of ,',°  1 
hundred  per  cent,  ujwn   the  salt.     'J'htn,  till 
tariff  laws  have  deprived  the  consumer  of  thirtv' 
four  pounds  in  the  bushel,  by  substituting  W(i,.[ .  I 
for  measure,  and  that  weight  a  false  one.    f |p  I 
true  weight  of  a  measured  bushel  of  alum  sjli  I 
is  eighty-four  pounds;  but  the  British  (nriulf 
laws,  for  the  sake  of  multiplying  the  biislifii 
and  increasing  the  product  of  the  tax,  substi.'l 
tuted  weight  for  measure  ;  and  our  tariff  law  I 
copied  after  them,  and  adopted  their  standajill 
of  fifty-six  pounds  to  the  bushel.  | 

"Mr.  B.  entered  into  statistical  details,  to  slmif  I 
the  aggregate  amount  of  this  tax,  which  he  Hat- 1 
ed  to  be  enormous,  and  contrary  to  every  princi.! 
pie  of  taxation,  even  if  taxes  were  so  necessjrvl 
as  to  justify  the  taxing  of  salt.  He  stated  il.T 
importation  of  foreign  salt,  in  1829,  at  six  mil 
lions  of  bushels,  round  numbers ;  the  value  scnn  I 
hundred  and  fifteen  thousand  dollars,  and  thd 
tax  at  twenty  cents  a  bushel,  one  million  tvrol 
hundred  thousand  dollars,  the  merchant's  proritl 
upon  that  duty  at  fifty  per  cent,  is  six  hiindrell 
thousand  dollars;  and  the  se<;ret  or  hidden taj, I 
in  the  shape  of  false  weight  for  true  measure,  a;  I 
the  rate  of  thirty  pounds  in  the  bushel,  was  fourl 
hundred  and  fifty  thousand  dollars,  llere,  then  I 
is  taxation  to  the  amount  of  about  two  millioMl 
and  a  quarter  of  dollars,  ujion  an  article  costinjl 
seven  hundred  and  fifty  thousand  dollars  M 
that  article  one  of  prime  necessity  and  univorsall 
use,  ranking  next  after  bread,  in  the  cat!ilo;nie| 
of  articles  for  human  subsistence. 

"  The  distribution  of  this  enormous  taxupnjl 
the  different  sections  of  the  Union,  was  the  lujil 
object  of  Mr.  B.'s  inquiry ;  and,  for  this  purposeT 
he  viewed  the  Union  under  three  great  divisions! 
— the  Northeast,  the  South,  and  the  West.  Tol 
the  northeast,  and  especially  to  some  parts  of  iJ 
he  considered  the  salt  tax  to  be  no  burthen,  biill 
rather  a  benefit  and  a  money-making  busin(i<,| 
The  fishing  allowances  and  bounties  producoil 
this  effect.  In  consideration  of  the  salt  duty,  tkl 
curers  and  exporters  of  fish  are  allowed  monejl 
out  of  the  treasury,  to  the  amount,  as  it  irvl 
intended,  of  the  salt  duty  paid  by  them ;  but  ill 
has  been  proved  to  bo  twice  as  much.  The  ao-l 
nual  allowance  is  about  two  hundred  and 
thousand  dollare,  and  the  aggregate  drawn  froal 
the  treasury  since  the  first  imposition  of  tliesalt| 
duty  in  1789  is  shown  by  the  treasury  retnn 
to  be  five  millions  of  dollars.  Much  of  thisi 
drawn  by  undue  means,  as  is  shown  by  tiie»| 
port  of  the  Secretary  of  the  Treasury,  at  tin 
commencement  of  the  present  session.  pagociflit| 
of  the  annual  report  on  the  finances.  The  Nort 
east  makes  much  salt  at  home,  and  chiefly  I 
solar  evajwration,  which  fits  it  for  curing  fii 
and  provisions.  Much  of  it  is  proved,  by  th^ 
returns  of  the  salt  makers,  to  be  used  in  the  i^ 
eries,  while  the  fisheries  are  drawing  money  fm 
the  treasury  under  the  laws  which  intended  I 
indemnify  them  for  the  duty  paid  on  foreign  sJll 


Ttf  this  section  of  tl 

;j  not  felt  as  a  burtl 

••l>ct  u.s  proceed  ti 

ihifc  are  but  few  sal 

liloirances,  as  tliere  i 

.Timers  are  thrown 

foreign  supply,  and 

blown.    The  imfiort 

rents  a  bushel ;  the  \ 

than  that  of  alum  sal 

[  imi  directly  upon  the 

of  their  consumptioi 

ii[K)n  the  South. 

"The  West  is  the 
and  it  will  be  found 
most  oppressive  opera 
domestic  supply  is 
quantity,  and  altogc 
I  irreatcst  purposes  for  ' 
—curing  provisions  ft 
supply  is  indispensabli 
lii*d.    The  import  pi 
West  Indies,  is  nine  ce 
csil,  eight  cents  a  bu 
I  West  could  be  suppli 
I  Orleans,  if  the  duty  wi 
k'quenceof  the  duty,  i 
III;  If  cents  per  bushel  \ 
I  import  price  of  the  arti 
I  per  bushel  at  Louisvili( 
lof  the  valley  of  the  Ali 
jliriee,  resolved  into  its 
linade  up:  1.  Eight  or 
Itbe  salt.    2.  Twenty  ( 
lor  ten  cents  for  merchai 
li  Si.\teen  or  seventeen 
lisviile.    5.  Fifteen  or  t 
Inerchant's  profit,  who 
tiisTrhole  outlay.    Inal 
tor  a  bushel  of  fifty  po 
Vo  duty,  and  the  tariff 
measure  abolished,  woi] 
leans,  by  the  measured 
Vight,  for  eight  or  ni 
Irought  up  the  river,  b 
If  thirty-three  and  a  i 
•eight.    It  thus  appen 
priest  upon  the  Wcf 
lose  that  the  South  is  tl 
ITest  wants  it  for  every 
indtffo  great  purposes! 
fcr  export,  and  salting 
yam  salt,  and  on  this 
»use  the  price  is  lower, 
imnty  cents  on  salt  w 
jenLs  a  bushel  is  a  muc 
liat  which  costs  fifteen 
pption  in  the  Kubstituti( 
"l  much  greater  in  alui 
Inch  more  than  the  Liv 
puth.  the  West  receive 
jices  oil  account  of  th« 
efair  in  the  South,  w 
tt  re-c.\j)orted  upon  flsl 
pair  in  the  West,  wh 

Vol.  I.— 10 


ANNO  18S0.     AM)»i:W  JACKSON,  rilESIDKNT. 


145 


To  thi<  section  of  the  Union,  then,  the  salt  tax 
,.  not  fflt  as  a  burthen. 

•Let  us  proceed  to  the  Sontb.  In  this  section 
^j0f  are  but  few  salt  works,  nnd  no  Itoiinties  or 
jiloffances,  as  tliere  are  no  fisheries.  The  con- 
•Timera  are  thrown  almost  entirely  tinon  the 
foreign  supply,  and  chicHy  use  the  Liverpool 
iilown.  The  imjiort  price  of  this  is  about  flft<'en 
cents  a  bushel ;  the  weight  and  strength  is  less 
thin  that  of  alum  salt ;  and  the  tax  fulls  heavily 
jnd  directly  upon  the  people,  to  the  whole  amount 
of  their  consumption.  It  is  a  heavy  burthen 
i  upon  the  South. 

*  The  West  is  the  last  section  to  bo  viewed, 
I  and  it  will  he  found  to  be  the  true  scat  of  the 
most  oppressive  operations  of  the  salt  tax.     The 
domestic  supply  is  high  in  price,  deficient  in 
nuantity,  and  altogether  unfit  for  one  of  the 
iTcatcst  purposes  for  which  salt  is  there  wanted 
u-ciiring  provisions  for  exportation.     A  foreign 
iupply  i^  indispensable,  and  alum  salt  is  the  kind 
ii«<i.    The  import  price  of  this  kind,  from  the 
I  West  Indies,  is  nine  cents  a  bushels  ;  from  Port- 
ugal, eight  cents  a  bushel.     At  these  prices,  the 
I  West  could  be  supplied  with  this  salt  at  New 
Orleans,  if  the  duty  was  abolished  5  but,  in  con- 
L'qucnce  of  the  duty,  it  costs  thirty-seven  and  a 
1;  If  cents  per  bushel  there,  being  four  times  the 
Import  price  of  the  article,  and  seventy-five  cents 
Incr  bushel  at  Louisville  and  other  central  parts 
]of  the  valley  of  the  Mississippi.    This  enonnous 
jiricc,  resolved  into  its  component  parts,  is  thus 
■made  up:  1.  Eight  or  nine  cents  a  bushel  for 
jtbe  salt.    2.  Twenty  cents  for  duty,     3.  Eight 
lor  ten  cents  for  merchant's  profit  at  5fcw  Orleans. 
\i  Sixteen  or  seventeen  nents  for  freight  to  Lou- 
Isviiie.    5,  Fifteen  or  twenty  cents  for  the  second 
liacrchant's  profit,  who  counts  his  per  centum  on 
liisffhole  outlay.    In  all,  about  seventy-five  cents 
for  a  bushel  of  fifty  pounds,  which,  if  there  was 
po  duty,  and  the  tariff  regulations  of  weight  for 
measure  abolished,  would  be  bought  in  New  Or- 
leans, by  the  measured  bushel  of  eighty  poimds 
peight,  for  eight  or  nine  cents,  and  would  be 
brought  up  the  river,  by  steamboats,  at  the  rate 
Bf  thirty-three  and  a  third  cents  per  hundred 
Veight.    It  thus  appears  that  the  salt  tax  falls 
heaviest  upon  the  West.     It  is  an  error  to  sup- 
losc  that  the  South  is  the  greatest  sufiercr.    The 
Vest  wants  it  for  every  purpose  the  South  does, 
ind  two  great  purposes  besides — curing  provision 
pr  export;  and  salting  stock.    The  West  uses 
Uum  salt,  and  on  this  the  duty  is  heaviest,  bc- 
Busc  the  price  is  lower,  and  the  weight  greater. 
Iwenty  cents  on  salt  which  costs  eight  or  nine 
lents  a  bushel  is  a  much  heavier  duty  than  on 
pat  which  costs  fifteen  cents ;  and  then  the  de- 
pption  in  the  substitution  of  weight  for  measure 
I  much  greater  in  alum  salt,  which  weighs  so 
kuch  more  ttuin  the  Liverpool  blown.     Like  the 
Buth.  the  West  receives  no  bounties  or  allow- 
pces  on  account  of  the  salt  duties.     This  may 
i  fair  in  the  South,  where  the  imported  salt  is 
bt  re-c.xj)orte(l  tijjon  fish  or  provisions ;  but  it  is 
ifair  in  the  West,  where  the  exportation  of 

Vol.  I.— 10 


liwf,  ji^irk,  bnron.  chcfso.  .ind  tiuttor,  is  jirodi^i- 
()u«.  nnd  the  foreign  salt  iT-c.xjK)rte<l  ti|iiin  tlic 
whole  of  it. 

'■Mr.  I{.  tlien  argued,  with  great wnrmtli,  that 
the  provision  ciirers  and  e.\|i<)rter.H  wen'  ciUititMl 
to  the  same  bounties  nnd  allowances  with  the  ex- 
Iiorters  offish.  The  claim'*  of  each  rested  upon 
the  same  principle.  nn<l  ;iiKin  the  principle  of  all 
drawbacks — that  of  a  reiinljursementof  the  duty 
which  was  paid  on  the  iiiiiKirted  .salt  when  re-ex- 
fwrtcd  on  fish  and  provisions.  The  same  princi- 
ple covers  the  beef  and  pork  of  the  farmer,  which 
covers  the  fish  of  the  fisherman  ;  nnd  such  was 
the  law  in  the  beginning.  The  first  act  of  Con- 
gress, in  the  year  17M'J,  which  im|)0.sed  a  duty 
upon  salt,  allowed  a  Ijounty,  in  lieu  of  a  draw- 
back, on  beef  and  pork  exported,  as  well  ns  fi.sh. 
The  l)Ounty  was  the  same  in  each  ca.sc ;  it  was 
five  cents  a  niiintal  on  dried  fish,  five  cpnts  a 
barrel  on  pickled  fi.sh,  and  five  on  beef  and  pork. 
As  the  duty  on  salt  was  increased,  the  bounties 
and  allowances  were  increased  also.  Fish  aiwl 
salted  beef  and  pork  fared  alike  for  the  first 
twenty  years. 

"  Thcv  fared  alike  till  the  revival  of  the  salt 
tax  at  the  commencement  of  the  late  war.  Then 
they  parted  company;  bounties  and  allowances 
were  continued  to  the  fisheries,  and  dropped  on 
beef  and  pork ;  and  this  has  been  the  case  ever 
since.  The  exporters  of  fish  are  now  drawing  ac 
the  rate  of  two  hundred  and  fifty  thou.sand  dollars 
per  annum,  as  a  reimbursement  for  their  salt  tax ; 
while  exporters  of  provisions  draw  nothing.  The 
aggregate  of  the  fishing  bounties  and  allowances, 
actually  drawn  from  the  treasury,  exceeds  five 
millions  of  dollars;  while  the  exporters  of  pro- 
visions, who  got  nothing,  would  have  been  en- 
titled to  draw  a  greater  sum ;  for  the  export  in 
salted  provisions  exceeds  the  value  of  exported 
fish, 

"  Mr.  B,  could  not  quit  this  part  of  his  sub- 
ject, without  endeavoring  to  fix  the  attention  of 
the  Senate  upon  the  provision  trade  of  the  AVcst. 
He  took  this  trade  in  its  largest  sense,  as  includ- 
ing the  export  trade  of  beef,  pork,  bacon,  cheese, 
and  butter,  to  foreign  countries,  especially  the 
West  Indies ;  the  domestic  trade  to  the  Lower 
Mississippi  nnd  the  Southern  States ;  the  neigh- 
borhood trade,  ns  supplying  the  towns  in  the  up- 
per States,  the  miners  in  Missouri  and  the  Upper 
Mississippi,  the  nrrny  and  the  navy;  and  the 
various  professions,  which,  being  otherwise  em- 
ployed, did  not  raise  their  own  provisions.  The 
amount  of  this  trade,  in  this  comprehensive  view, 
was  prodigious,  nnd  annually  increasing,  and  in- 
volving in  its  current  almost  the  entire  population 
of  the  W^est,  either  as  the  growers  and  makers 
of  the  provisions,  the  curcrs,  exporters,  or  con- 
sumers. The  amount  could  scarcely  be  a.scer- 
tained.  What  was  exported  from  New  Orleans 
was  shown  to  bo  great ;  but  it  was  only  a  fracr 
tion  of  the  whole  trade.  He  declared  it  to  be  en- 
titled to  the  favorable  consideration  of  Congress, 
nnd  thot  the  repeal  of  the  salt  duty  was  the 
greatest  favor,  if  an  act  of  justice  ought  to  como 


A.' 


■l^--; 


*■;. 


■•  f^;^- 


1} 

i  ■ 


;■(. 


lAd 


nilRTY  YEARS*  VIF.W. 


under  tlie  name  of  favor,  which  could  be  rt-n- 
dered  it.  as  tlie  Knit  was  ncrcssary  in  jrrowing 
Ihu  hofrs  and  (.'attic,  as  well  m  in  ]irfparin(?  the 
beef  and  jxirk  for  market.  A  riiluction  in  the 
price  of  salt,  next  to  a  rednrtioii  in  the  price  of 
land,  was  the  greatest  hlessins  which  the  federal 
povernnicnt  could  now  confer  upon  the  AVcst. 
Mr.  H,  referred  to  the  oainjjle  of  Knpland,  who 
favored  her  provision  cr.rers,  and  iK-rniilted  them 
to  inifiort  alum  salt  free  of  duty,  for  the  encou- 
r)i?;euient  of  the  provision  trade,  even  when  her 
own  salt  manufacttircrs  were  proilucin^  an  abun- 
dant and  Kuperfiuou.s  su[)|)ly  of  comnioa  salt. 
He  showed  that  she  did  more  ;  that  she  extend- 
(d  the  same  relief  and  encourafrcnient  to  the 
Irish  ;  and  he  read  from  the  IJritish  statute  book 
an  act  of  the  IJritish  rarliamcnt.  passed  in  1807, 
entitled  'An  act  to  encourage  the  export  of 
salted  beef  and  pork  from  Ireland,'  which  allow- 
ed a  boimty  of  ten  pence  sterling  on  every  hund- 
red weight  of  beef  and  pork  so  exported,  in  con- 
sideration of  the  duty  paid  on  the  salt  which 
was  used  in  the  curing  of  it.  He  stated,  that, 
at  a  later  period,  the  uuty  had  been  entirely  re- 
pealed, and  the  Iri.sh,  in  common  with  other 
British  subjects,  allowed  a  free  trade  with  all 
the  world,  in  salt ;  and  then  demanded,  in  the 
most  emphatic  manner,  if  the  people  of  the  West 
could  not  obtain  from  the  Amc^can  Congress 
the  justice  which  the  oppressed  Irish  had  pro- 
cured from  a  British  Parliament,  composed  of 
hereditary  nobles,  and  filled  with  representa- 
tives of  rotten  boroughs,  and  slavish  retainers 
of  the  king's  ministers. 

"  The  '  American  system '  has  taken  the  salt 
tax  under  its  shelter  and  protection.  The  prin- 
;;iples  of  that  system,  as  I  understand  them,  and 
practise  upon  them,  are  to  tax,  through  the  cus- 
tomhouso,  the  foreign  rivals  of  our  own  essential 
productions,  when,  by  that  taxation,  an  adequate 
supply  of  the  same  article,  as  good  and  as  cheap, 
can  be  made  at  home.  These  were  the  princi- 
ples of  the  system  (Mr.  B.  said)  when  he  was 
initiated,  and,  if  they  had  changed  since,  he  had 
not  changed  with  them  ;  and  he  apprehended  a 
promulgation  of  the  change  would  produce  a 
schism  amongst  its  followers.  Taking  these  to  be 
the  principles  of  the  system,  let  the  salt  tax  be 
brought  to  its  test.  In  the  first  place,  the  do- 
mestic tnanufacture  had  enjoyed  all  possible  pro- 
tection. The  duty  was  near  three  hundred  per 
cent,  on  Liverpool  salt,  and  four  hundred  upon 
alum  salt ;  and  to  this  must  be  added,  so  far  as 
relates  to  all  the  interior  manufactories,  the  pro- 
tection arising  from  transportation,  frequently 
equal  to  two  or  three  hundred  per  cent.  more. 
This  great  and  exce.ssive  protection  has  been  en- 
joyed, without  interruption,  for  the  last  eighteen 
years,  and  partially  for  twenty  years  longer. 
Tiiia  surely  is  time  enough  for  the  trial  of  a  man- 
ufacture which  requires  but  little  skill  or  expe- 
rience to  carry  it  on.  Now  for  the  results.  Have 
the  domestic  manufactories  produced  an  ade- 
quate supply  for  the  country  ?  They  have  not ; 
por  half  enough.    The  production  of  the  last 


year  (1820)  as  shown  in  the  returns  to  the  Sw. 
retary  of  tho  Treasury,  is  about  five  millions  of 
bushels  ;  the  ijnpprtation  of  forei;rn  salt,  for  tlm 
sanii'  period,  as  shown  by  the  custom-house  r?- 
turns.  is  five  million  nine  hundred  and  fortv-five 
thousand  five  hundred  and  forty-seven  buslids. 
This  shows  the  consumption  to  be  eleven  mil- 
lions of  bushels,  of  which  five  r.re  doniestic. 
Hero  .he  failure  in  the  essential  particular  of  an 
adcij-.ute  supply  is  more  than  one  half.  In  (1,^ 
ne.vt  p'fi.ce,  how  is  it  in  point  of  price?  Is  the 
doiiicstic  article  furnished  as  cheap  as  tli.; 
fonign  .  Far  from  it,  as  alrendy  shown,  nnd 
sti.l  further,  as  can  be  shown.  The  price  of  the 
domestic,  along  tho  coast  of  the  Atlantic  Staffs, 
varies,  at  the  works,  from  thirty-seven  and  a 
half  to  fifty  cents;  in  tho  interior,  the  u.sual 
prices,  at  the  works,  are  from  thirty-three  and  a 
third  cents  to  one  dollar  for  the  bushel  of  fjftv 
pounds,  which  can  nearly  be  put  into  a  half 
bushel  measure.  The  prices  of  the  foreign  salt. 
at  the  import  cities,  as  shown  in  the  cu.stom- 
house  returns  for  1829,  are,  for  the  Liverpool 
blown,  about  fifteen  cents  for  the  bushel  of  fifty. 
six  pounds ;  for  Turk's  Island  and  other  AVc^t 
India  salt,  about  nine  cents ;  for  St.  Ubes  ami 
other  Portugal  salt,  about  eight  cents ;  for  Span- 
ish salt.  Bay  of  Biscay  and  Gibraltar,  about 
seven  cents;  from  tho  island  of  Malta,  six  ccnt.<. 
Leaving  out  the  Liverpool  salt,  which  is  made 
by  boiling,  and,  therefore,  contains  slack  and 
bittern,  a  septic  ingredient,  which  promotes  putre- 
faction, and  renders  that  salt  unfit  for  ciirin" 
provisions,  and  which  is  not  used  in  the  West, 
and  the  average  price  of  the  strong,  pure,  alum 
salt,  made  by  solar  evaporation,  in  hot  climate*, 
is  about  eight  cents  to  the  bushel.  Here,  thea 
is  another  lamentable  failure.  Instead  of  bcino 
sold  as  cheap  as  the  foreign,  the  domestic  salt  u 
from  four  to  twelve  times  the  price  of  alum  salt. 
The  last  inquiry  is  as  to  the  quality  of  the 
domestic  article.  Is  it  as  good  as  the  foreign  ? 
This  is  the  most  essential  application  of  the  test; 
and  here  again  the  failure  is  decisive.  The  do- 
mestic salt  will  not  cure  provisions  for  exporta- 
tion (tho  little  excepted  which  is  made,  in  the 
Northeast,  by  solar  evaporation),  nor  for  con- 
sumption in  the  South,  nor  for  long  keeping  at 
the  army  posts,  nor  for  voyages  with  the  navj-. 
For  all  these  purposes  it  is  worthless,  and  use- 
less, and  the  provisions  which  are  put  up  in  it 
are  lost,  or  have  to  be  repacked,  at  a  great  ci- 
pense,  in  alum  salt.  This  fact  is  well  known 
throughout  the  West,  where  too  many  citizens 
have  paid  the  penalty  of  trusting  to  domestic 
salt,  to  be  duped  or  injured  by  it  any  longer, 

"  And  here  he  submitted  to  the  Senate,  that 
the  American  system,  without  a  gross  departure 
from  its  original  principles,  could  not  covar  this 
duty  any  longer.  It  has  had  the  full  benefit  ot 
that  system  in  high  duties,  imposed  for  a  Ion; 
time,  on  foreign  salt ;  it  had  not  produced  in 
adequate  supply  for  the  country,  nor  half  a  sup- 
ply ;  nor  at  as  cheap  a  rate,  by  three  hundred  of 
one  thousand  per  cent. ;  and  what  it  did  supplj 


:i 


ANXO  1830.     ANDREW  JACKfSOX,  riU><ir>F.NT. 


147 


,1  f;ir  from  Iwinp;  cqnal  in  qttantitv,  cotild  not 
,y^,J^  bo  used  as  a  siibstitutu  for  the  jrruat  liiid 
|.n[iorUint  biisiness  of  the  provision  traile.  The 
•luuiint  of  so  much  of  that  trade  as  went  to  for- 
Iftn  countries,  Mr.  Ti.  .showed  to  be  sixt3--.six 
thmipand  barrel.-J  of  licef,  fifty-four  thousand 
l.arrcls  of  porK,  two  millions  of  (Munds  of  bacon, 
two  millions  of  pounds  of  butter,  and  one  million 
„l'  pounds  of  cheese ;  and  he  considered  the  sui>- 
l,]v  for  the  army  and  navy,  and  for  con.'^umption 
in  the  Soirth,  to  exceed  the  quantity  exported. 

'It cannot  be  necessary  hero  to  dilate  upon 
the  uses  of  salt.  But,  in  repealing  that  duty  in 
England,  it  was  thought  worthy  of  notice  that 
ialt  was  necessary  to  the  health,  growth,  and 
fattening  of  hogs,  cattle,  sheep,  and  hor,ses ;  that 
it  was  a  preservative  of  ^  ^y  and  clover,  and  re- 
storwl  moulded  and  Uooa;;d  hay  to  its  good  and 
wholesome  state,  and  made  even  straw  and  chaff 
available  as  food  for  cattle.  The  domestic  salt 
makers  need  not  speak  of  protection  againsi,  alum 
salt.  No  quantity  of  duty  will  keep  it  out.  The 
jioople  must  have  it  for  the  provision  trade ;  and 
the  duty  upon  that  kind  of  salt  is  a  grievous 
!,;irthcn  upon  them,  without  bemg  of  the  least 
advantage  to  the  salt  makers. 

"Mr.  B.  said,  there  was  no  argument  which 
lould  be  used  here,  in  favor  of  continuing  this 
duty,  which  was  not  used,  and  used  in  vain,  in 
England ;  and  many  were  used  there,  of  much 

..  ,_1      iVvwnn      *«rni/»l»       rtorti-irvf      \\i\      iic*/>rl        r»n*«r»  'Pl-\*^ 


R-al  force,  which 


cannot  be  used  here.  The 
American  systfsm,  by  name,  was  not  impressed 
into  the  service  of  the  tax  there,  but  its  doctrines 
were ;  and  ho  read  a  part  of  the  report  of  the 
oommitteo  on  salt  duties,  in  1817,  to  prove  it. 
It  was  the  statement  of  the  ngcnt  of  the  British 
>alt  manufacturers,  Mr.  William  Home,  who, 
was  sworn  and  examined  as  a  witness.  IIu  said : 
■  I  will  commence  by  referring  to  the  evidence  I 
jrave  upon  the  subject  of  rock  salt,  in  order  to 
establish  the  presumption  of  the  national  im- 
portance of  the  salt  trade,  arising  from  the  large 
extent  of  British  capital  employed  in  the  trade, 
and  the  considerable  number  of  persons  depend- 
ait  upon  it  for  support.  I,  at  the  same  time, 
stated  that  the  salt  trade  was  in  a  very  depressed 
state,  and  that  it  continued  to  fall  off.  I  think 
it  eannot  be  doubted  that  the  salt  trade,  in  com- 
mon with  all  staple  British  manufactures,  is  en- 
titled to  the  protection  of  government ;  and  the 
British  manufacturers  of  salt  consider  that,  in 
mmon  with  other  manufacturers  of  this  coun- 
Itry,  they  are  entitled  to  such  protection,  in  par- 

icular  from  a  competition  at  home  with  foreign 
anufacturers ;  and.  in  consequence,  they  hope 

;'j  see  a  prohibitory  v  ty  on  foreign  salt.' 
'Such  was  the  peiuion  of  the  British  mann- 

icturers.    They  urged  the  amount  of  their  cap- 

tal,  the  depressed  state  of  their  business,  the 

limber  of  [)ersons  dependent  upon  it  for  sup- 
rt,  the  duty  of  the  government  to  protect  it, 

;he  necessity  for  a  prohibitory  duty  on  foreign 
It.  and  the  fact  that  they  were  making  more 
an  the  country  coidd  consume.    The  ministry 

iwked  them  with  a  call  for  the  continuance  of 


the  revenue,  one  million  fivt-  hundrwl  tboti.snn  I 
jwnnds  sterling,  dorivevi  from  tli"  salt  ta.\  ;  and 
with  a  threat  to  lay  that  uinonnt  u[k)H  sonu'- 
thinp  else,  if  it  war.  taken  olf  of  suit.  All  would 
not  do.  Mr.  Calcraft,  and  his  friends,  ap|H-aU'(l 
to  the  rights  and  interests  of  the  people,  as  over- 
ruling considiTUions  in  (juestions  of  taxation. 
They  denounced  the  tax  it.self  as  little  le.-is  tii.in 
impiety,  and  an  attack  upon  the  goodness  and 
wi.sdom  of  (iod,  who  had  filled  the  l>owelsof  tho 
earth,  and  the  waves  of  the  sea,  with  salt  for  tlie 
u.sc  and  blessing  of  man.  and  to  whom  it  was  de- 
nied, its  use  clogged  and  fettered,  l»y  odious  and 
abominable  taxes.  'J'hey  demanded  the  whole 
repeal ;  and  when  the  ministry  and  the  manu- 
facturers, overpowered  by  the  voice  of  the  peo- 
ple, offered  to  give  up  three  fourths  of  the  tax. 
they  bravely  resisted  the  proposition,  stood  out 
for  total  repeal,  and  carried  it. 

"  Mr.  B.  could  not  doubt  a  like  result  here,  and 
he  looked  forward,  with  infinite  satisfaction,  to 
the  era  of  a  free  trade  in  salt.  The  first  eflbct 
of  such  a  trade  would  be,  to  reduce  the  price  of 
alum  salt,  at  the  import  cities,  to  eight  or  nine 
cents  a  bushel.  The  second  effect  would  be,  a 
return  to  tho  measured  bushel,  by  getting  rid 
of  the  tarifr  regulation,  which  substituted  weight 
for  measure,  and  reduced  eighty-four  pounds  to 
fifty.  The  third  effect  would  be,  to  establish  a 
great  trade,  carried  on  by  barter,  between  the 
inhabii-ants  of  the  United  States  and  tho  peo[)lo 
of  the  countries  which  produce  alum  salt,  to  the 
infinite  advantage  and  comfort  of  both  partie,'^. 
He  examined  the  operation  of  .this  barter  at 
New  Orleans.  Ho  said,  this  pure  and  superior 
salt,  made  entirely  by  solar  evaporation,  came 
from  coxmtrics  which  were  deficient  in  the 
articles  of  food,  in  which  the  West  abounded. 
It  came  from  the  AVest  Indies,  from  tho  coasts 
of  Spain  and  Portugal,  and  from  places  in  the 
Me  litcrranean ;  all  of  which  arc  at  this  time 
consumers  of  American  provisions,  and  take 
from  us  beef,  pork,  bacon,  rice,  corn,  corn  meal, 
flour,  potatoes,  &c.  Their  salt  costs  them  almost 
nothmg.  It  is  made  on  the  sea  beach  by  the 
power  of  tho  sun,  with  little  care  and  aid  from 
man.  It  is  brought  to  the  United  States  as 
ballast,  costing  nothing  for  the  transportation 
acrosb  the  sea.  The  duty  alone  prevents  it  from 
coming  to  the  United  States  in  the  most  un- 
bounded quantity.  Remove  the  duty,  and  the 
trade  would  be  prodigious.  A  bushel  of  corn  i.=? 
worth  more  than  a  sack  of  salt  to  the  half- 
starved  people  lo  whom  the  sea  and  the  sun 
give  as  much  of  tliis  salt  as  they  will  rake  up 
and  pack  away.  The  levee  at  New  Orleans 
would  be  covered — the  warehouses  wo\ild  be 
crammed  with  salt ;  the  barter  trade  would  be- 
come extensive  and  umversal,  a  bushel  of  corn, 
or  of  potatoes,  a  few  pounds  of  butter,  or  a  few 
pounds  of  beef  or  pork,  would  purchase  a  sack 
of  salt ;  the  steamboats  would  bring  it  up  for  a 
trifle;  and  all  the  upper  States  of  the  Great 
Valley,  where  salt  is  so  scarce,  so  dear,  and  so 
indispensable  for  rearing  stock  and  curing  pri.- 


)    ;■ 


I4S 


TillKTV  YEAKV  ViC^V. 


viwionn,  in  addition  (o  p.II  its  obvious  hsch.  would 
\a:  cheaply  and  ftbimdanlly  Hiipplied  wiih  that 
nrtide.  Mr.  U.  contluded  with  sayinff,  that, 
m-.xt  to  the  redaction  of  the  price  of  publie  lands, 
iind  the  free  use  of  the  eartli  for  labor  and  culti- 
vation, he  c.>nHidere<l  the  abolition  of  the  sal*  i  ix, 
iiii'l  a  free  trade  in  forciRn  salt,  as  the  frroalfst 
bli'ssinij;  which  the  feiierai  fjovemment  could 
iiow  bestow  upon  the  peojde  of  the  AV'est." 


ciiapteh  xlvi. 

BIUTItDAY  OF  MR.  J'^.FrKK'ON,  AND  THE  DOC- 
TIUNE  OF  .ST'.IJi'ICATIOW. 

Tjie  anniversary  of  Ui;  birthday  of  Mr,  .IciTcr- 
son  (April  ISth)  was  cclebriitwl  thi;-,  Mar  by  a 
numerous  company  at  Wa.shington  City   .\moji;-: 
the  invited  guests  present  were  the  Presidcrif  and 
Vice-President  of  the  United  Statc.i.  three  oi  i' 
Secretaries  of  dcpartment.s — Messrs.  Van  B:Tj'ei>. 
Eaton  and  Branch — and  the Postmastar-Geniral, 
Mr.  Barry — and  numerously  attendnd  by  mem- 
bers ol  both  Houses  of  Congress,  and  by  citizens, 
i  t  was  a  subscription  dinner ;  nnd  as  the  paper 
imported,  lo  do  honor  to  the  memory  of  Mr  Jef- 
ferson as  thi'  founder  of  the  politii'al  school  to 
which  the  subscribers  belonged.    lu  that  sense 
I  was  a  subscribir  to  the  dinner  nnd  attended 
it ;  and  have  no  doi.Vit  that  the  mass  of  the  sub- 
scribers acted  undci   the  same  feeling.    There 
was  a  full  assemblage  when  I  arrived,  and  I  ob- 
served gentlemen  standing  about  in  clusters  in 
the  ant(vrooins,  and  talking  with  animation  on 
something-  appi-.vfjntly  serious,  and  which  seemed 
to  engross  their  thoughts.    I  soon  discovered 
what  it  was — that  it  came  from  the  promulgation 
of  the  twenty-four  regular  toasts,  which  savor- 
ed of  the  new  doctrine  of  nullification ;  and  which, 
acting  on  some  previous  misgivings,  began  to 
spread  the  feeling,  that  the  dinner  was  got  up 
to  inaugurate  that  doctrine,  and  lo  make  Mr. 
Jefferson  its  father.     Many  persons  broke  off, 
and  refused  to  attend  further ;  but  the  company 
was  still  numerous,  and  ardent,  as  was  proved 
by  the  number  of  volunteer  votes  given — obove 
eighty — in  addition  to  the  twenty-four  regulars; 
and  the  numerous  and  animated  speeches  deliver- 
ed—tlie  report  of  the  whole  proceedings  filling 
•leren  newspaper  columns.    When  the  regular 
toasts  were  over,  t)ie  President  was  called  upon 


for  a  voliifitccr,  and  gave  it — the  one  which  (>ln> 
trifled  the  cotmtry,  and  has  become  hi.storic.il 
"Our  Federal  Union:  It  must  fxj  prostrvc),'' 
This  brief  and  simple  sentiment,  rcceivinp  (i>-. 
phasis  and  interpretation  from  all  the  atttndt-  • 
circumfl  mccs,  and  from  the  feeling  whicli  i;,; 
been  nprcviding  since  the  time  of  Mr.  Web.  tr'^ 
rpecch,  vcas  received  by  the  public  as  a  prt  t 
aiiition  from  the  President,  to  ami  >  unco  a  . 'i 
against  thi;  Union,  nn<^  to  summon  Uw  fjcopio  t 
its  defence.  Mr.  Calhoni)  save  the  ?:ext  toast 
and  it  did  not  ht  all  alia}'  !''ie  suspi(.;i<  n  'vliich 
were  crowding:  ^rery  bo.s*  ni.  It  was  this :  •■  Tlie 
Union :  next  to  our  Liberty  the  most  doir:  i,\av 
we  all  remember  that  it  can  f'nly  li.  jirc-f  r\t.l  l", 
rt's  pectin^  the  ntjiits  of  the  States,  rnd  distribui- 
in;;  equally  the  benefit  and  burthen  'if  thr  Union." 
This  toa.st  touched  all  the  tender  parts  of  th 
new  quest, i;n — liberty  before  nnion— only  to  ),;, 
preserveti--  /S/a<e  rights — inequality  ontitrtheiu 
and  benefits.  These  phrases,  connecting  tiaiii. 
'iclves  with  Mr.  Ilayne's  speech,  and  \vith  pro- 
ceedings and  publications  in  South  Carolina,  un- 
veiled NULLIFICATION,  tts  a  ncw  and  di.^ilnrt  doc- 
trine in  the  United  States,  with  Mr.  Calh  .in  for 
its  apostle,  and  a  new  party  in  the  field  of  which 
he  was  the  leader.  The  proceedings  of  thi-  day 
put  an  end  to  all  doubt  about  the  justice  of  '>. 
Webster's  grand  peroration,  and  revealed  to  iLa 
public  mind  the  fact  of  an  actual  design  tending  to 
dissolve  the  Union. 

Mr  Jefferson  was  dead  at  that  time,  and  could 
not  defend  himself  from  the  use  which  the  neiv 
party  made  of  his  name — endeavoring  to  make 
him  its  founder ; — and  putting  words  in  his  mouth 
for  that  purpose  which  he  never  spoke.   He  j 
happened  to  have  written  in  his  lifetime, 
without  the  least  suspicion  of  its  future  great  I 
materiality,  the  facts  in  relation  to  his  concern  in  | 
the  famous  resolutions  of  Virginia  and  Kentucky 
and  which  absolve  him  from    the  accujation  i 
brought  against  him  since  his  death.    He  counsel- 
led the  resolutions  of  the  Virginia  General  A.sscni- 1 
bly ;  and  the  word  nullify,  or  nullification,  is  noi  I 
in  them,  or  any  equivalent  word:  he  dreff  tlie| 
Kentucky  resolutions  of  1798 :  and  they  are  equal- 
ly destitute  of  the  same  phra.ses.    He  had  no- 1 
thing  to  do  with  the  Kentucky  resolutions  i 
1799,  in  which  the  word  "nMWt^ca<ion,"an(lisj 
the  "  rightful  remedy,"  is  found ;  and  upon  whicii  | 
the  South  Carolina  school  relied  as  their  main  a^  I 
guracnt — and  from  which  their  doctrine  tookiti| 


pitii!',  an.!  entitled 


ANNO  1830.    ANDREW  JACKSON,  /"RESIDENT. 


14D 


P 


tunc.  Well,  he  had  nothing;  to  do  with  it !  and 
ij)  wrote  (as  a  mere  matter  of  information,  and 
without  foreseeing  it.i  future  use),  in  a  letter  to 
Willif.in  (J.  Cabell  shortly  before  his  death.  This 
]n.U'.v  is  in  Volume  III.,  page  420,  of  his  jmblihh- 
,,l..-o'r'.'';ximii  w  e.  Thu.s,  he  left  enough  tovindi- 
..:;te  hiiHSclf,  v/i!iiout  knowing  that  a  vindication 
wouKi  be  nc.  '^-  I'y,  and  without  recurring  to  the 
i^ijiii"  '.ativi.;  i)  r  mstration  of  the  peaceful  and 
coui'itutioniAl  t-if.iedies  which  the  resolutions 
«hicli  he  did  write,  alone  contemplated.  But 
he  left  it  friend  to  stand  up  for  him  when  hn 
v.iis  laid  low  in  his  grave — one  qualified  by  his 
Ion? ni'I  irtimit*.  i;!SOciation  to  be  his  conipur- 
atnr,  anJ  entitled  from  his  character  to  the  ab- 
coldte  crtJenco  of  all  mankind.  I  speak  of  Mr. 
M  .,.  ■)',  whtj.  in  various  letters  published  in  a 
iiuarw  volumsj  by  Mr.  J.  C.  iloGuire,  of  Wasli- 
iiigton  City,  has  given  the  proofs  which  I  have 
already  used,  and  added  others  equally  conclu- 
sive. He  fully  overthrows  and  justly  resents  the 
attempt  "  of  the  nullifiera  to  make  the  name  of 
Mr.  Jefferson  the  pedestal  of  their  colossal  here- 
«y."  (Page  28G :  letter  to  iMr,  N.  P.  Trist.)  And 
liC  left  behind  him  a  State  also  to  come  to  the 
rescue  of  his  assailed  integrity — his  own  na- 
tive State  of  Virginia — whose  legislature  almost 
unanimously,  immediately  after  the  attempt 
to  make  Mr.  Jefferson  "  the  pedestal  of  this 
colossal  heresy,"  passed  resolves  repulsing  the 
imputation,  and  declaring  that  there  was  no- 
tliing  in  the  Virginia  resolutions  '98  '9J,  to  sup- 
port South  Carolina  in  her  doctrine  of  nullifica- 
tion. These  testimonies  absolve  Mr.  Jefferson : 
but  the  nulliflers  killed  his  birthday  celebrations ! 
Instead  of  being  renewed  annually,  in  all  time, 
as  his  sincere  disciples  then  intended,  they  have 
never  been  heard  of  since !  and  the  memory  of  a 
(Treat  man — benefactor  of  his  species — has  lost  an 
honor  which  grateful  posterity  intended  to  pay 
it,  and  which  the  preservation  and  dis.semination 
of  his  principles  require  to  be  paid. 


CHAPTER    XLVII. 

EEGULATION  OK  COMMERCE. 

The  constitution  of  the  United  States  gives  to 
Congress  the  power  to  regulate  commerce  with 
foreign  nations.    That  power  has  not  yet  been 


executed,  in  the  sense  intendi-<l  hy  the  constitu- 
tion :  for  the  commercial  treaties  ma<le  liy  tlio 
President  and  the  Senate  are  not  the  ligislativo 
regulation  intended  in  that  grant  of  power ;  nor 
are  the  tariff  law.s,  whether  for  rev.-nue  or  pro- 
tection, any  ihe  more  so.     They  all  mi-ss  the  ol»- 
ject,  and  the  mode  of  operating,  intended  by  the 
constitution  in  that  grant — the  true  nature  of 
which  wa.s  explained  early  in  the  life  of  the  new 
federal  government  by  those  most  com|)etent  to 
do  it — Mr.  Jefferson,  Mr.  Mmli.son,  and  Mr.  W'xa. 
Smith  of  South  Carolina, — and  in  the  form  most 
considerate  and  resjwnsible.    Mr.  Jefferson,  as 
Secretary  of  State,  in  his  memorable  report  '•  Oil 
the  restrictions  and  privileges  of  the  commerce 
of  the  United  States  in  foreign  countries;"  Mr. 
Madison  in  Ids  resolutions  as  a  member  of  the 
House  of  Representatives  in  the  year  1703, ''  For 
the  regulation  of  our  foreign  commerce ;  "  and 
in  his  speeches  in  support  of  his  resolutions ; 
and  the  speeches  in  reply,  chiefly  by  Mr.  Wil- 
liam Smith,  of  South  Carolina,  speaking  (a.s  it  was 
held),  the  sense  of  General  Hamilton ;  so  that  in 
the  speeches  and  writing  of  these  three  early 
members  of  our  government  (not  to  speak   of 
many  other  able  men  then  in  the  House  of  Rep- 
resentatives), we  have  the  authentic  expo.sition 
of  the  meaning  of  the  clause  in  question,  and  of 
its  intended  mode  of  operation:  for  they  nil 
agreed  in  that  view  of  the  subject,  though  differ- 
ing about  the  adoption  of  a  system  which  would 
then  have  borne  most  heavily  upon  Great  Brit- 
ain.   The  plan  was  defeated  at  that  time,  and 
only  by  a  very  small  majority  (52  to  47), — the 
defeat  effected  by  the  mercantile  influence,  which 
favored  the  British  trade,  and  was  averse  to  any 
discrimination  to  her  disadvantage,  though  only 
intended  to  coerce  her  into  a  commercial  treaty — 
of  which  we  then  had  none  with  her.    After- 
wards the  system  of  treaties  was  followed  up, 
and  protection  to  our  own  industry  extended  in- 
cidentally through  the  clause  in  the  constitution 
authorizing  Congress  to  "  Lay  and  collect  taxes, 
duties,  unports  and  excises,"  <S:c.    So  that  the 
power  granted  in  the  clause,  "  To  regulate  com- 
merce with  foreign  nations,"  has  never  yet  been 
exercised  by  Congress : — a  neglect  or  omission,  the 
more  remarkable  as,  besides  the  plain  and  obvious 
fairness  and  benefit  of  the  regulation  intended, 
the  power  conferred  by  that  clause  was  the  po- 
tential moving  cause  of  forming  the  present  con* 
stitution,  and  creating  the  present  Union. 


fiV 


-1^ 


1.% 


TlllUTY  YEAIW  VIEW. 


m 


The  principle  of  the  rcpjintion  was  to  bo  that 
of  ifciiirocily — that  is,  that  tiaiio  was  not  to  )k,' 
i'nv  on  one  side,  ami  k'ttcifd  on  the  other — that 
ptjods  were  not  to  Ijo  talicii  from  a  f  irei|j;n  coun- 
try, free  of  duty,  or  at  a  hiw  rate,  unless  that 
country  should  take  soniething  from  lis,  also 
flee,  or  at  a  low  rate.  And  the  mode  of  acting 
WJI.S  by  discriminating  in  the  imposition  of  duties 
butwecn  those  which  had,  and  had  not,  commer- 
cial treaties  with  us — <hc  object  to  Ix)  accom- 
plished by  an  act  of  Congress  to  that  efl'ect ; 
which  foreign  nations  might  meet  cither  by  leg- 
islation in  their  imposition  of  duties ;  or,  and 
which  is  preferable,  by  treaties  of  specified  and 
liini'od  duration,  Jly  early  study  of  the  theory, 
and  the  working  of  our  government — so  often 
.lillcrent,  and  sometimes  oijjwsite — led  mc  to 
imdcrstai.d  the  regulation  clause  in  the  constitu- 
1  ion,  and  to  admire  and  approve  it:  and  as  in 
the  beginning  of  General  Jackson's  administra- 
tion, I  foresaw  the  speedy  extinction  of  the  pub- 
lie  debt,  and  the  consequent  release  of  great  part 
of  our  foreign  imports  from  duty,  I  wished  to 
be  ready  to  derive  all  tho  benefit  from  the  event 
which  would  result  ftom  tho  double  process  of 
receiving  many  articles  free  which  were  then 
taxed,  and  of  sending  abroad  many  articles  free 
\»  h.ch  were  now  met  by  heavy  taxation.  With 
this  view,  I  brought  a  bill  into  the  Senate  in  the 
passion  1829-'30,  to  revive  the  policy  of  Mr. 
Madison's  resolutions  of  1793 — without  cflcct 
then,  but  without  despair  of  eventual  success. 
And  still  wishing  to  see  that  policy  revived,  and 
seeing  near  at  hand  a  favorable  opportunity  for 
it  in  the  approaching  extinction  of  our  present 
public  debt — (and  I  wish  I  could  add,  a  return 
to  economy  in  the  administration  of  the  govern- 
ment)— and  consequent  large  room  for  the  reduc- 
tion and  abolition  of  duties,  I  here  produce  some 
passages  from  the  speech  I  delivered  on  my  bill 
of  1830,  preceded  by  some  passages  from  Mr. 
Madison's  speech  of  1793,  in  support  of  his  res- 
olutions, and  showing  his  view  of  their  policy 
and  operation — not  of  their  constitutionality,  for 
of  that  there  was  no  question :  and  his  com- 
plaint was  that  the  identical  clause  in  the  consti- 
tution which  caused  the  constitution  to  be 
framed,  had  then  remained  four  years  without 
execution.    He  said : 

"  Mr.  Madison,  after  some  general  observa- 
tions on  the  report,  entered  into  a  more  particu- 
.ar  consideration  of  the  subject.    He  remarked 


that  the  commerce  of  the  Cnitwl  States  is  nr>', 
at  this  day.  on  that  resjK'clable  fiK.tingto  wluiij 
from  its  nature  awl  im|K)rtanct>,  it  is  tntitl(,\ 
He  recurrcil  to  its  situation  previous  tofhcadoth 
tion  of  the  constitution,  when  conHictinjr  sw 
tems  jirevailed  in  tho  ditferent  States.  Thotliiu 
existing  state  of  things  gave  rise  to  that convin. 
tion  of  delegates  from  the  tlitlcrent  parts  of  tl„. 
Union,  who  met  to  deliberate  on  some  gimmt 
principles  for  the  regulation  of  commerce,  whirh 
might  bo  conducive,  in  their  ojicration,  to  th- 
general  welfare,  and  that  such  measures  sIk  nM 
bo  adopted  as  would  conciliate  tho  friendslm 
and  good  faith  of  those  countries  who  were  (li« 
|X)sed  to  enter  into  tho  nearest  commercial  con- 
nections with  us.  Hut  what  has  been  the  result 
of  tho  system  which  has  been  pursued  ever 
since?  What  is  tho  present  situation  of  our 
commerce  ?  From  the  situation  in  which  we  fin(l 
ourselves  after  four  years'  experiment,  he  ob- 
served,  that  it  appeared  incumbent  on  the  lH;. 
ted  States  to  see  whether  they  could  not  now 
take  measures  promotive  of  those  objects,  lor 
which  the  government  was  in  a  great  degree  in- 
stituted. Measures  of  moderation,  firmness  and 
decision,  he  was  persuaded,  were  now  necessary 
to  be  adopted,  in  order  to  narrow  the  sphere  oi' 
our  commerce  with  those  nations  who  see  proper 
not  to  meet  ns  on  terms  of  reciprocity. 

'•  Mr.  M.  took  a  general  view  of  the  probalile 
effects  which  the  adoption  of  something  like  tlie 
resolutions  ho  had  proposed,  would  product, 
They  would  produce,  respecting  many  articks 
imported,  a  competition  which  would  cnaUc 
countries  who  did  not  now  supply  us  with  thos« 
articles,  to  do  it,  and  would  increase  the  encou- 
ragement on  such  as  we  can  produce  within  our- 
selves. We  should  also  obtain  an  equitable 
share  in  carrying  our  own  produce  ;  we  should 
enter  into  the  Held  of  competition  on  equal  terras 
and  enjoy  the  actual  benefit  of  advantages  which 
nature  and  the  spirit  of  our  people  entitle  us  to. 

"  He  adverted  to  t!ie  advantageous  situation 
this  country  is  entitled  to  stand  in,  considering 
the  nature  of  our  exports  and  returns.  Our  ej;- 
poi-ts  are  bulky,  and  therefore  must  employ 
much  shipping,  which  might  be  nearly  all  oiir 
own :  our  exports  are  chiefly  necessaries  of  life. 
or  raw  materials,  the  food  for  the  manufacturers 
of  other  nations.  On  the  contrary,  the  chief  of 
what  we  receive  from  other  countries,  we  air, 
either  do  without,  or  produce  substitutes. 

'•It  is  in  the  power  of  the  United  Stat(.s,  jk 
conc>;ived,  by  exerting  her  natural  rights,  with- 
out violating  the  right.s,  or  even  the  equitable 
pretensions  of  other  nations — by  doing  no  moio 
than  most  nations  do  for  the  protection  of  Ihdr 
interests,  and  much  less  than  some,  to  mate  her 
interests  respected ;  for,  what  we  receive  from 
other  nations  are  but  luxuries  to  us,  which,  it 
we  choo.se  to  throw  aside,  we  could  deprive  part 
of  the  manufacturers  of  those  luxuries,  of  even 
bread,  if  wo  are  forced  to  the  contest  of  self- 
denial.  This  being  the  case,  our  country  may 
make  her  enemies  feel  the  extent  of  her  jtowor 


AXXO  1830.    ANDREW  JACK90K.  PRESIDENT. 


151 


We  stan'l,  wiih  respect  to  the  nation  t'xj>ortinK 
itiosc  luxuries,  in  the  relnlion  of  an  opulent  in- 
,i,(iiliiiil  to  the  labon-r,  in  prodncinj;  tlic  siijht- 
tjiiities  for  )iis  acconitnotlation ;  the  forntor  can 
rfo  ffithout  those  hixuries,  the  consuMii)tion  of 
tfliicli  (.'ivis  breail  to  the  latter. 

•  IK'  (lid  not  propose,  or  wi.sh  that  the  United 
St.itcs  should,  at  present,  po  80  far  in  tlie  lino 
wliidi  his  resolutions  jwint  to,  as  they  luiKlit  go. 
Till'  extent  to  which  the  principles  involved  in 
those  K'soiution.s  should  be  carrictl,  will  depend 
u[»m  tilling  lip  the  blanks.  To  go  the  very  ox- 
unt  of  the  principle  immediatel}',  might  l)e  in- 
convenient. IIo  wished,  only,  that  the  Legisla- 
ture should  mark  out  the  ground  on  which  we 
think  we  can  stand ;  perhaps  it  may  produce 
the  elTect  wished  for,  without  unnecessary  irrita- 
tion; we  need  not  at  first,  go  every  length. 

"Another  con.sideration  would  induce  him,  he 
siiil.  to  be  moderate  in  filling  up  the  blanks — 
not  to  wound  public  credit.  lie  did  not  wish  to 
lisk  liny  sensible  diminution  of  the  public  revenue 
He  believed  that  if  the  blanks  were  filled  with 
iii(l}!nient.  the  diminution  of  the  revenue,  from  a 
I'iiininution  in  the  quantity  of  imports,  would  be 
counterbalanced  by  the  increase  in  the  duties. 

•  The  hist  resolution  he  had  proposed,  he  said, 
ij,  in  a  manner,  distinct  from  the  rest.  The 
iwtion  is  bound  by  the  most  sacred  obligation, 
he  conceived,  to  protect  the  rights  of  its  citizens 
ajr.iinst  a  violation  of  them  from  any  quarter ;  or, 
if  tlii'V  cannot  protect,  they  are  bound  to  repay 
tlie  ilimiage. 

•It  is  a  fact  anthenHcated  to  this  House  by 
foranitmications  from  the  Executive,  that  there 
me  regulations  established  by  some  European 
nations,  contrary  to  the  law  of  nations,  by  which 
our  property  is  seized  and  disposed  of  in  such  a 
«ay  that  damages  have  accrued.  We  are  bound 
either  to  obtain  reparation  for  the  injustice,  or 
compensate  the  damage.  It  is  only  iu  the  first 
iustance,  no  doubt,  that  the  burden  is  to  be 
tiirown  upon  the  United  States.  The  proper  de- 
partment of  government  will,  no  doubt,  take  pro- 
per steps  to  obtain  redress.  The  justice  of  foreign 
nations  will  certainly  not  permit  them  to  deny 
reparation  when  the  breach  of  the  law  of  nations 
evidently  appears ;  at  any  rate,  it  is  just  that  the 
individual  should  not  suffer.  IIo  believed  the 
amount  of  the  damages  that  would  come  within 
the  meaning  of  this  resolution,  would  not  be  very 
considerable." 

Reproducing  these  views  of  Jlr.  Madison,  and 

with  a  desire  to  fortify  myself  with  his  authority, 

the  better  to  produce  a  future  practical  effect,  I 

I  now  give  the  extract  from  my  own  speech  of 

11830: 

"  Mr.  Benton  said  he  rose  to  ask  the  leave  for 
I  w)\ich  he  gave  notice  on  Friday  last ;  and  in  do- 
lingso,  he  meant  to  avail  himself  of  the  parlia- 
I  raentary  rule,  seldom  followed  here,  but  familiar 
I  in  the  place  from  whence  we  drew  our  rules — 
1  the  British  Parliament — and  strictly  right  and 


prn|H>r,  when  any  tiling  new  or  unusual  is  to  bo 
pro|K)se(l,  to  state  the  clauses,  and  make  iin  ex- 
|(Osition  of  the  principles  of  his  bill,  Urore  ho 
s\ibuiittvd  tiiu  formal  motion  for  leave  to  bring 
it  in. 

"  The  teiinr  of  it  is.  not  to  abolish,  but  to  pro- 
vide for  the  abolitiiin  of  duties.     Tlii-;  phrase- 
ology announces,  that  something  in  adiliiioii  to 
the  statute — «f  .ne  jiower  in  addition  to  that  of 
the   legislature,  is  to   be  concii  ■    d    in  aeconi- 
plishing  the  abolition.    Then   iho    duties    for 
alK)lition  are  described  as  unnecessary  ones ; 
and  under  this  idea  is  included  the  twofold  con- 
ception, that  they  are  useless,  either  for  the  pro- 
tection of  domestic  industry,  or  for  supplying 
the  treasury  with  revenue.    The  relief  of  the 
people  from  sixteen  millions  of  taxes  i-i  based 
upon  the  idea  of  an  abolition  of  twelve  millions 
'  f  duties  ;  the  additional  four  millions  being  the 
merchant's  profit  ujMjn  the  duty  ho  advances ; 
which  profit  the  people  pay  as  a  part  of  the  tax, 
though  the  government  never  receives  it.     It  is 
the  merchant's  conipen.sation  for  advancing  the 
duty,  and  is  the  same  as  his  profit  upon  the 
goods.     The  improved  condition  of  the  four  great 
branches  of  national  industry  is  presented  as  the 
third  object  of  the  bill ;  and  their  relative  im- 
portance, in  my  estimation,  classes  itself  accord 
ing  to  the  order  of  my  arrangement.    Agricul- 
ture, as  furnishing  the  means  of  subsistence  to 
man,  and  as  the  foundation  of  every  thing  else, 
is  put  foremost;   manufactures,  as  prei»aring 
and  fitting  things  for  our  use,  stands  second , 
commerce,  as  exchanging  the  superfiuities  of 
different  countries,  comes  next ;  and  navigation, 
as  furnishing  the  chief  means  of  carrying  on 
commerce,  closes    the  list  of   the  four  great 
branches  of  national  industry.    Though  classed 
according  to  their  respective  importance,  neither 
branch  is  disparaged.    They  arc  all  great  inter- 
ests— all  connected — all  dependent  upon  each 
other — friends  in  their  nature — for  a  long  time 
friends  in  fact,  under  the  operations  of  our  go- 
vernment :  and  only  made  enemies  to  each  other, 
as  they  now  are  by  a  course  of  legislation,  which 
the  approaching  extinguishment  of  the  public 
debt  presents  a  fit  opportunity  for  reforming 
and  ameliorating.    The  title  of  my  bill  declares 
the  intention  of  the  bill  to  improve  the  condition 
of  each  of  them.     The  abolition  of  sixteen  mil- 
lions of  taxes  would  itself  operate  a  great  im- 
provement in  the  condition  of  each ;  but  the  in- 
tention of  the  bill  is  not  limited  to  that  inciden- 
tal and  consequential  improvement,  great  as  it 
may  be ;  it  proposes  a  positive,  direct,  visible, 
tangible,  and  countable  benefit  to  each;  and 
this  I  shall  prove  and  demonstrate,  not  in  this 
brief  illustration  of  the  title  of  my  bill,  but  at 
the  proper  places,  in  the  course  of  the  examina- 
tion  into  its  provisions  and  exposition  of  its 
principles. 

"I  will  now  proceed  with  the  bill,  reading  each 
section  in  its  order,  and  making  the  remarks 
upon  it  which  are  necessary  to  explain  its  object 
and  to  illustrate  its  operation. 


M' 


152 


THIUTV  YKAIW  VIKW. 


Tne  Firnt  Section. 

'■Tliaf.  for  llif  tiTin  of  Irn  y  :»rs,  from  iind  nf- 
Icr  the  lirst  diiy  of  .laniiiiry,  ill  tin;  jciir  1H,!2, 
or,  Its  K)i)n  tlitTt'iifttT  as  nwiy  }»'  ii;;ri'<'il  upon 
iK'twwn  the  liiitod  States  niid  niiy  foni;;n  [.ow- 
tT,  the  duties  now  payable  on  tlie  niiliorliiti"n  of 
tlm  foUowiiij;  articles,  or  Mirli  of  tlieiii  ii'i  may  he 
n^M-ced  upon,  ^hall  rease  and  d  'enMiiie,  or  he 
reduced,  in  favor  of  such  countries  -s  shall,  hy 
treaty,  jrranl  e<|uivalent  ndvantaf,'es  to  t!io  ajtri- 
culture,  manufactures,  commerce,  uiid  navigation, 
of  the  United  States. 

"Tills  section  contains  the  principle  of  aholish- 
inp;  duties  by  the  joint  act  of  the  k;,'islatise  and 
cxocutivo  departments.  The  idea  of  equiva- 
lents, which  the  section  n!.so  ijresent."?,  is  not 
new,  hut  has  for  its  sanction  high  and  venerated 
authority,  of  which  I  shall  not  fail  to  nvnil  my- 
self. That  we  oupht  to  have  equivalent.s  for 
aholi.shinnr  ten  or  twelve  millions  of  duties  on 
foreign  merchandise  is  most  clear.  Such  an 
abolition  will  be  an  advantage  to  foreign  power.'?, 
for  which  they  ought  to  compensate  u^,  by  ri>- 
ducing  duties  to  an  equal  atnoiint  upon  our  pro- 
duction.s.  This  is  what  no  law,  or  .separate  act 
of  our  own,  can  command.  Amicable  arrangc- 
ment.s  alone,  with  foreign  owers,  can  clUct  it ; 
and  to  free  such  arrangements  from  serious,  per- 
iiap.s  insuperable  difficulties,  it  would  be  neces- 
sary first  to  lav  a  foundation  for  them  in  iin  act 
of  Congress.  This  is  what  my  bill  proposes  to 
do.  It  proposes  that  Congress  shall  select  the 
articles  for  abolition  of  duty,  and  then  leave  it  to 
the  Executive  to  extend  the  provi.sions  of  tlie  act 
to  such  powers  as  will  grant  us  equivalent  ad- 
vantages. The  articles  enumerated  for  abolition 
of  duty  are  of  kinds  not  made  in  the  United 
States,  so  that  my  bill  presents  no  ground  of 
alarm  or  unea.siness  to  any  branch  of  domestic 
industry. 

"The  acquisition  of  equivalents  is  a  striking 
feature  in  the  plan  which  I  propose,  and  for  that 
I  have  the  authority  of  him  whoso  opinions  will 
never  bo  invoked  in  vain,  while  republican  prin- 
ciples have  root  in  our  soil.  I  speak  of  Mr.  Jef- 
ferson, and  of  his  report  on  the  commerco  and 
ni'vigation  of  the  United  States,  in  the  year  '^3, 
an  extract  from  which  I  will  read." 

The  Extract. 

"  Such  being  the  restrictions  on  the  commerce 
and  navigation  of  the  United  States,  the  question 
is,  in  what  way  they  may  best  be  reuioved,  mod- 
ified, or  counteracted  ? 

"As  to  commerce,  two  methods  occur  1. 
By  friendly  arrangements  with  the  several  ua- 
tions  with  whom  tlicse  restrictions  exist :  or,  2. 
By  the  separate  act  of  our  own  legislatures,  for 
countervailing  their  effects. 

"  There  can  be  no  doubt,  but  that,  of  these 
two,  friendly  arrangements  is  tlic  most  eligible. 
Instead  of  embarrassing  commerce  under  piles 
of  regulating  law.s,  duties,  and  prohibitions,  could 
it  be  relieved  from  all  its  shackles,  in  all  parts 


of  the  world— ooidil  every  country  Ih>  l•m^)io^r,: 
in  pro'luciitg  that  which  naturo  has  \wnt  tltti-ii ,( 
to  pro<liue,  and  each  be  free  to  excliania'  «,• , 
others  iiiulual  Ki.rplusMcs,  for  iiiiitiial  w»ni«' 
(lie  greatest  mass  |)o»sible  wouhl  then  k-  iif,,, 
(lueed,  of  those  things  which  contribute  to  Juj, 
man  life  and  human  hapinness,  the  luimUTd  uf 
mankind  tvould  be  increased,  and  their  cunditkm 
bettered. 

"  Would  even  a  single  nation  begin  wiili  ti,,, 
Uniteil  States  this  sy^tem  of  free  eonuiierco,  jt 
would  bo  advisable  to  la-gin  it  with  that  nation, 
since  it  is  one  l)y  one  only  that  it  can  be  exlcml! 
ed  to  all.  Where  the  circ\imstances  of  eitiiti 
party  render  it  expedient  to  levy  a  revenue,  l,v 
way  of  iin|»ost  on  commerce,  its  freedom  niicht 
bo  moditied  m  that  particular,  by  nuitiial  wl 
equivalent  meuy;ui-es,  preserving  it  entire  in  u: 
others. 

"Some  nations,  not  yet  ripo  for  free  com- 
merce, in  all  its  extent,  might  bo  willing  to  nul- 
lify its  restrictions  and  regulations,  for  us,  in 
proportion  to  the  advantage**  wliioh  an  inter- 
course with  us  might  oiler.  Particularly  tluv 
may  concur  witli  us  in  rtrciprocating  the  duijj, 
to  bo  levied  on  each  side,  or  in  compensating  anv 
excess  of  duty,  by  equivalent  advantages  ci 
another  nature.  Our  commerce  is  certainly  ol 
a  character  to  entitle  it  to  favor  in  most  coun- 
tries-  The  commodities  we  offer  arc  either  ne- 
cessaries of  life,  or  materials  for  munufacture.  or 
convenient  subjects  of  revenue  ;  and  we  take  in 
exchange  either  manufactures,  when  they  Lave 
received  the  last  flni.sh  of  art  and  industry,  ( r 
mei'C  luxuries.  Surh  customers  may  i  eiusoimbiy 
expect  welcome  and  friendly  treatment  at  every 
market — customers,  too,  whose  demands,  increas- 
ing with  their  wealth  and  population,  mustverv 
shortly  give  full  employment  to  the  whole  indu.s- 
try  of  any  nation  whatever,  in  any  line  of  supply 
they  may  get  into  the  habit  of  calling  for  from  it. 

"  But,  should    any  nation,  contrary  to  our 
wishes,  suppose  it  may  better  find  its  ad-antaje 
by  continuing  its  system  of  prohibitions, duties, 
and  regulations,  if;  behooves  us  to  protect  our  I 
citizens,  their    commerco    and    navigation,  by 
counter    prohibition!?,  dvities,   and    regulations,  i 
also.    Free  commerce  and  navigation  are  not  to 
be  given  in  exchange  for  restrictions  and  vexa- 1 
tions ;  nor  are  they  likely  to  produce  a  relaxa- 
tion of  them." 

"  The  plan  which  I  now  propose  adopts  the 
idea  of  equivalents  and  retaliation  to  the  whole  | 
extent  recommended  by  Mr.  Jefferson.    It  dif- ; 
fers  from  his  pi.,  i  in  two  features:  first,  in  the 
mode  of  proceeding,  by  founding  the  treaties 
abroad  upon  a  legislative  act  at  home ;  secondly,  | 
in  combining  protection  with  revenue,  in  Bclm- 
ing  articles  of  exception  to  the    ystemof  fre«| 
trade.    This  degree  of  protectiou  ho  admitted  I 
himself,  at  a  later  period  of  his  life.     It  corres- 1 
ponds  with  the  recommendation  of  PresideDtl 
Washington  to  Congress,  in  the  year  '90,iiidj 
with  tluit  of  our  present  Chief  Magistratt,  t«J 


ANNO  isao.     ANI»Ui:W  JArKSO.V,  ritF>M)KNT 


153 


jirK'lTC'".  nt  the  coinnu-ncfnicnt  of  the  jircsont 
.  ..i.m  of  Congn-sH. 

•I  will  not  now  Hfop  to  dilnti'  njioii  the  \tctw- 
■  t  wliirli  will   riHult   to  every  fniiiily  from  i\n  i 
,>iolition  of  (liitifs  which  will  innMo  I  hem  to  p-t  { 
.llhcnrticKs  cniinu'i:iti<l  in  my  hill  for  nlMnit  I 
iac  thinl.  or  one  half  U'ss,  thnn  is  now  |iai<l  for 
iiim.    Let  nny  otu-  rvail  over  the  li-t  of  nrtidcv  ' 
,r,,|  tlitii  hx'k  to  the  Kuin   total   whi<h    he  now  | 
,j,v<otit  (mnunlly  for  them,  and  from  tlmt  sum  I 
llcliift  iii'iir  lifty  ])er  i-cnt.,  \\  hich  is  al)out  tlif 
;vcrii|:t'"f  ll'^' ''"^'^'^  and  nurclmnt's  prollt  in- 
iiloil.  with  which  tlioy  now  come  charf^cd  to 
;ii.    This  ('I'dnction  will   be  lii^  snvinp  nndcr 
•;,.  brunch  of  my  plan — the  ulKilitioii  clause. 
;,)tliis  must  ho  ailded  the  pain  uiuUt  the  clause 
M  si'Ciire  cqiiivalcnts  in  foreign  nmrkels.  and 
iiio  two  hciuK  added  topether,  the  savinp  in  pur- 
,!i;;si>s  at  home  being  added  to  the  pain  in  sales 
lir,ail.  will  pivc  the  tnic  measure  of  the  advan- 
ia^as  which  my  plan  presents. 

•Lot  us  now  SCO  whether  the  apricnlturc  and 

ijiniifactures  of  the  United  States  do  not  require 

iittiT  markets  abroad  thnn  they  jiosscss  at  this 

;jii,e,    What  is  the  state  of  these  market.s  ?    Let 

flits  reply.     England  imposes  a  duty  of  three 

-lillinps  stcrlinf,'  a  pound  upon  our  tobacco, 

I  siikh  is  ten  times  its  value.     She  imposes  duties 

intiivalcnt  to  prohibition  on  our  gram  and  pro- 

I  visions ;  and  cither  totally  excludes,  or  cnoi  mous- 

taxes,  every  article,  except  cotton,  that  wo 

|nnl  to  her  ports.    In  France,  our  tobacco  is 

Lilijcct  to  a  royal  monopoly,  which  makes  the 

Itini:  the  sole  purchaser,  and  subjects  the  seller 

jto  the  necessity  of  taking  the  price  which  his 

laicnts  will  pive.    In  Germany,  our  tobacco,  and 

lolher  articles,  are  heavily  dutied,  and  liable  to 

la  transit  duty,  in  addition,  when  they  have  to 

Ijscend  the  Rhino,  or  other  rivers,  to  penetrate 

Ilk  interior.    In  the  West  Indies,  which  is  our 

Ifrrat  provision  market,  our  beef,  pork,  and  Hour, 

Itidially  pay  from  eight  to  ten  dollars  a  barrel : 

Icur  bacon,  from  ton  to   twenty-five   cents  a 

lound;  live  hogs,  eight  dollars  each ;  corn,  com- 

Siioal,  lumber,    whiskey,  fruit,  vegetables,  and 

Iviry  tiling  el.se,  in  proportion;  the  duties  in 

(lie  different  islands,  on  an  average,  equalling 

exceeding  the  value  of  the  articles  in  the 

I'nited  States.     AVe    export    about  forty-flve 

pillions  of  domestic  productions,  exclusive  of 

jnanufactures,  annually ;  and  it  may  be  safely 

Issumcd  that  we  liavo  to  pay  near  that  sum  in 

Ihe  shape  of  duties,  for  the  privilege  of  selling 

jhese  exports  in  foreign  markets.     So  much  for 

rriculture.    Our  manufactures  are  in  the  same 

edition.    In  many  branches  they  have  met  the 

lome  leniand,  and  are  going  abroad  in  search  of 

pijm  markets.    They  meet  with  vexatious  rc- 

krictions,  peremptory  exclusions,  or  oppressive 

Intios,  wherever  they  go.     The  quantity  already 

[iportcd  entitles  them  to  national  consideration, 

1  the  list  of  exports.    Their  aggregate  value  for 

1628  was  about  five  millions  of  dollars,  compris- 

k  domestic  cottons,  to  the  amoimt  of  a  million 

It  dollars;  soap  and  candles,  to  the  value  of  nine 


lumdriil  thousand  dollnrs;  b<ifii-i,  shn«>«,  and 
saddlery.  (Ive  hundred  thousand  ili'llars;  halA, 
thn-c  hiinilrnl  thoui-and  dollars;  rnlunet,  enach, 
and  other  wrM>den  work,  six  liiiudii'd  tliouKand 
d(dlars  ;  glass  and  iron,  three  hiindiid  tlious.tnd 
dollars;  and  numerous  smaller  iicnix.  Thi< 
hirpe  aiuouiit  of  manufactuits  pays  their  value, 
in  some  instances  more,  for  the  priviiep'  <>(  licing 
sold  aliroa<l;  and,  what  is  worse,  they  are  loially 
excluded  from  several  countries  from  which  we 
Imy  larpely.  Such  restrictions  and  iin[Mi«itioirs 
are  hiphly  injiiriou.s  to  our  manufactiius;  and 
it  is  incontcstably  true,  tho  amount  of  exports 
prove  it,  that  what  most  of  them  now  need  is  not 
more  j)rotection  at  home,  but  a  better  market 
abroad ;  and  it  is  one  of  the  otijecta  ol  this  bill  to 
obtain  such  a  market  for  them. 

"It  appears  to  me  [said  Mr.  H.]  to  be  a  fair 
and  practicable  plan,  combining  iJie  advantages 
of  legislation  and  negotiation,  and  avoiding  the 
objections  to  each.  It  consults  the  sense  of  the 
peoj)lc,  in  leaving  it  to  thei'  Representatives  to 
say  on  what  articles  dutie.n  shall  be  abolished  for 
their  relief;  on  what  they  shall  be  retained  for 
protection  and  revenue ;  it  then  secures  the  ad- 
vantage of  obtaining  equivalents,  by  referring  it 
to  the  Executive  to  extend  the  benefit  of  the  nl>- 
olition  to  such  nations  as  shall  reciprocate  the 
favor.  To  such  as  will  not  reciprocate,  it  leaves 
every  thing  as  it  now  stands.  The  success  of 
this  plan  can  hardly  be  doubted.  It  addresses 
itself  to  the  two  most  powerful  passions  of  the 
human  heart — interest  and  fear;  it  applies  itself 
to  the  strongest  principles  of  human  action- 
profit  and  loss.  For,  there  is  no  nation  witij 
whom  wo  trade  but  will  bo  benefited  by  the  in- 
creased trade  of  her  staple  productions,  which 
will  result  from  a  free  trade  in  such  productions ; 
none  that  would  not  bo  crippled  by  the  loss  of 
such  a  trade,  which  loss  would  be  the  immediate 
eilieot  of  rejecting  our  system.  CUy  position  en- 
ables us  to  command  the  commercial  sy^item  of 
the  globe;  to  mould  it  to  oiar  own  plan,  for  the 
l)enenT  of  the  world  and  ourstlyes.  The  ap- 
proaching extinction  of  the  public  debt  puts  it  in- 
to our  power  to  tbolish  twelve  millions  of  duties, 
and  to  set  free  more  than  one-half  of  our  entire 
commerce.  We  should  not  forego,  nor  lose  the 
advantages  of  such  a  position.  It  occurs  but  sel- 
dom in  the  life  of  a  nation,  and  once  massed,  is 
irretrievably  gone,  to  the  generation,  at  least,  that 
saw  and  neglected  the  golden  opportunity.  We 
have  complained,  and  justly,  of  tho  burthens 
upon  our  exports  in  foreign  countries ;  a  part  of 
our  tariff  system  rests  upon  the  principle  of  reta- 
liation for  the  injury  thus  done  us.  Kctaliation, 
heretofore,  has  been  our  only  resource :  but  re- 
ciprocity of  injuries  is  not  the  way  to  enrich  na- 
tions any  more  than  individuals.  It  is  an  '  un- 
profitable contest,'  under  every  aspect.  But 
the  present  conjuncture,  payment  of  the  public 
debt,  in  itself  a  rare  and  almost  unprece<lented 
occurrence  in  the  history  of  nations,  enables  us 
to  enlarge  our  system ;  to  present  a  choice  of  al- 
ternatives:  one  fraught  with  relief,  tho  other 


( 


i 


IM 


Tnmn'  Yr.vna'  vir.w. 


ljr!WIHf>PiTi?5 


prt'smtiinr  a  Imrllun  to  f4)n'ipn  nntions.  The 
|)urti<'i|intii)ii,  iir  <'\<'liisii>ti,  rrnrn  forty  inillionH  of 
irt'u  tni'li',  niiiiiiully  iiicriiiNiiiy:.  would  not  admit 
ol'  a  M'coiid  tlioii);lit.  ill  the  Ix-ad  of  any  nation 
Willi  whii  li  \vi'  trado.  To  say  nothintr  of  hiT 
gainn  in  Ihn  |iarti('i|iation  m  such  a  coninicrcc, 
\tliut  would  )>v  hrr  loss  in  tliu  cxi'lusion  from  it  / 
How  WDidil  lMi;.'lHnd,  FniiKv.  or  (itTuuniy,  ln'nr 
tin-  loss  of  tlii'ir  linen,  silk,  or  wini'  tradi-,  with 
till'  Tnitcd  Ntjili's  ?  How  fould  Culm,  St.  l)o- 
niin;;o,  or  lliiizil,  hear  tin.'  lossof  thi'lrcollce  trade 
with  us  7  TIk'V  could  not  hear  it  at  all.  |)cop 
nnd  essential  injury,  ruin  of  imiustry  seditions, 
anil  hlood.shed,  anil  the  overthrow  uf  administra- 
tions, would  ho  till)  consei|uencL'  of  such  loHR. 
Yet  sui'h  loss  would  lie  inevitalile  (and  not  to 
the  few  nations,  or  in  the  articles  only  which  I 
have  nientiuned.  for  I  have  jint  a  few  instaiices 
only  hy  m  ay  of  e.xamiile),  hut  to  every  nation 
with  whom  we  trade,  that  would  not  fall  into 
our  system,  and  tlirouphout  the  whole  list  of  es- 
scntfril  iirlicles  to  which  our  aholition  extends. 
Our  |ire.>*tnt  heavy  duties  woidd  continue  in  force 
n(;ainst  such  nations  ;  they  would  he  al>olished 
in  favor  of  their  rivals.  \Ve  would  say  to  them, 
in  the  lan^'ua^o  of  Mr.  Jellerson,  free  trade  and 
navi|fation  is  not  to  be  given  in  exchnnp;o  for  re- 
Htriclions  and  vexations!  liut  I  feel  entire 
conlidenco  that  it  would  not  bo  neccNsary  to  use 
the  language  of  menace  or  coercion.  Amicablo 
representulions.  addressed  to  their  sense  of  self- 
interest,  would  bo  more  agreeable,  nnd  not  less 
ed'ectual.  The  plan  cannot  fail !  It  is  scarcely 
within  the  limits  of  ]x)s.sibility  that  it  should 
fail !  And  if  it  did,  what  then  ?  Wo  have  lost 
nothing.  We  remain  us  wo  were.  Our  present 
duties  are  still  in  force,  and  Congress  can  net 
upon  then)  one  or  two  years  hence,  in  any  way 
they  please. 

'•Here,  then,  is  the  peculiar  recommendation 
to  my  ))lan,  that,  while  it  secures  a  chance,  little 
short  of  absolute  certainty,  of  procuring  an  abo- 
lition of  twelve  millions  of  duties  upon  our  ex- 
ports in  foreign  countries,  in  return  for  an  aboli- 
tion of  twelve  millions  of  duties  upon  imports 
from  them,  it  exposes  nothing  to  risk ,  the  abo- 
lition of  duty  upon  the  foreign  article  here  being 
contingent  upon  the  acquisition  of  the  equivalent 
advantage  aljro.id. 

'•1  close  this  exposition  of  the  principles  of 
my  bill  with  the  single  remark,  that  these  treaties 
for  the  mutual  abolition  of  duties  should  be  for 
limited  terms,  say  for  seven  or  ten  years,  to  give 
room  for  the  moditications  which  time,  and  the 
varying  pursuits  of  industry,  may  show  to  be 
necessary.  \J\wn  this  idea,  the  bill  is  framed, 
and  the  period  of  ten  years  inserted  by  way  of 
suggestion  and  exempliflcation  of  the  plan.  Ano- 
ther feature  is  too  obvious  to  need  a  remark,  that 
the  time  for  the  commencement  of  the  abolition 
of  duties  is  left  to  the  Executive,  who  can  ac- 
commodate it  to  the  state  of  the  revenue  and  the 
extinction  of  the  public  debt." 

The  plan  which  I  proposed  in  this  speech  adopt- 


e«l  the  principle  of  .Mr.  Mailison's  n-iolntn.r,, 
but  reversed  their  action.  The  discrimimi,,,, 
which  he  proposed  was  a  levy  of  live  or  t<n  1.7 
cent,  wiorc  on  the  imjK)rts  from  couiitni'H  win.-, 
did  notentcr  into  our  proiKisitions  for  reriprndtv ' 
my  jOan,  as  lieing  the  wiine  thing  in  siil  .ii,,,,.^ 
and  less  invidious  in  form,  was  a  levy  u(  (ivc , , 
ten  |>er  cent,  li'im  on  the  commerce  of  the  rwn. 
rocnting  nations—thenby  liolding  out  nn  ir. 
ducement  and  a  benelit,  iuslead  of  a  threat  tm 
a  penalty. 


CHAPTER    X  I.  V  1 1 1  . 

ALUM  SALT.    TIIK  AHOLITION  OF  TIIK  DfTT  ITON 
IT,  AND  ItKI'KAL  OF  THE  KISIIINO  BOL'NTVaND  | 
ALLOWANCES  FOUNUKD  ON  IT. 

I  LOOK  ii|)on  a  salt  tax  as  a  curse — as  somi.  I 
thing  worso  than  n  political  blunder,  great  a* 
that  is — as  nn  impiety,  in  stinting  the  use.  an  I 
enhancing  the  cost  by  taxation,   of  nn  nrticlt  I 
which  God  has  made  necessary  to  the  health  anj  | 
comfort,  and  almost  to  the  life,  of  every  animat- 
ed being— the  poor  dumb  animal  which  can  only  I 
manifest  its  wants  in  muto  signs  and  frantic  ac- 
tions, as  well  as  the  rational  nnd  speaking  nun 
v^'ho  can  thank  the  Creator  for  his  goodness,  and 
ctirse  tho    legislator  that   mars  its  enjoyment. 
There  is  a  mystery  in  salt.    It  was  used  in  holv 
sacrifice  from  tho  earliest  day  ;  and  to  this  time. 
in  the  Oriental  countries,  tho  stranger  lodging  in 
tho  house,  cannot  kill  or  rob  while  in  it,  after  lie  I 
has  tasted  the  master's  salt.     Tho  disciples  of  [ 
Christ  were  called  by  their  master  the  salt  of  the  | 
earth.    Sacred  and  profane  history  abound  in  in- 
stances of  people  refusing  to  fight  against  tLe  I 
kings  who  had  given  them  salt :  and  this  nl}-st^l 
rious  deference  for  an  article  so  essential  to  mn  I 
and  beast  takes  it  out  of  the  class  of  ordinairl 
productions,  and  carries  it  up  close  to  those  ri- 
tal'  elements — broad,  water,  fire,  air — which  Pro- j 
videnco  has  made  essential  to  life,  and  spradl 
every  ;;\hcre,  that  craving  nature    may  findiwl 
supply  without   stint,  and  without  tax.    T!ie| 
venerable  Mr.  Macon  considered  a  salt  ta.x  in  1 1 
sacrilegious  point  of  view — as  breaking  a  sacred  I 
law — and   fought  against  ours   as  long  as  M 
public  life  lasted;  and  I,  his  disciple,  not dists- 1 
teemed  by  him,  commenced  lighting  by  liissidi  I 
against  the  odious  imposition ;  and  have  contit  [ 


ANNO  1830.     ANDKKW  JAiKS«»N',  riU>ll>K.NT. 


15.j 


h1  It  liincc  h\ii  (loath,  ainl  hIibII  r<mtinui<  it  iin- ' 

,  ||,r  iitx  ('vawii,  ur  my  |N)liti('al  lifu  tcriniiinti-i. 

\i»nv  «r«  my  n|)oirlK's,  niui  ri'lH)?!*,    nKftinst  it 

;,  iiiv  Mnatorwl  lifu  of  thirty  yi'urs  ;  aixl  nmiKi^; 

I   ,„.r  |i|Hirht'ii,  one  hiiiitcil  tu  a  |iBrticulnr  kiml 

;  ^It  not  mtt<io  in  ihf  l'iiilu<l  .Stutts.  nii<l  in<hs- 

.,ii.alilc  to  (Irii'tl  or  imklt'il  provisions.     This  is 

'  „  tliiiii  Mklt.  niailu  hy  Huhir  cva|)orntion  nut  uf 

.i»at(r;  nixl  bcin;;  a  kintl  not  |iro(hi(H'<i  at 

li,.w.  iiiiiii^ix'iisahlu  unU  incapnhlu  of  t>iihHtilnti>, 

|itliiilaK');itimato  claim  to  fxi-nnition  from  tho 

IrsiKms  of  iho  Anicricnn  Hystom.     'Ilmt  Hvstcin 

irnU-rU'il    liornvmndu   liru-boilcil   romniun    Halt, 

In-aiiso  it  hail  a  foreign  rival :  wo  iiiul   no  min- 

imili' crystallized  salt  at  homo;  and  tlu'riTorc  had 

lnotliinK  to  jirotcct  in  taxing  tho  foreign  article. 

1]  had  failed — wo  had  all  failed — in  our  attempts 

luuliolixli  tho  Halt  tax  generally:    I  determined 

It)  lucinpt  the  abolition  of  the  alum  salt  duty  kc- 

Itiratily ;  and  with  it,  tho  fishing  bounties  and 

i..)\viin(!c'.s  founded   upon    it:    and   brought   a 

into  the  Senate  to  accomplish  that  object. 

Ihe  tishing  bounties  and  allowances  being  clnini- 

L|by  some,  as  a  bounty  to  navigation  (in  which 

»int  of  view  they  would  bo  as  unconstitutional 

i  unjust),  I  was  under  the  necessity  of  tracing 

Lir  orij,'in,  as  being  founded  on  the  idea  of  n 

Irawback  of  tho  duty  paid  on  tho  salt  put  upon 

|he  exported  ''••Vd  or  pickled  ll.sh — commencing 

kith  the  suit  tax,  and  adjusted  to  tho  amount  of 

lie  tax— ri.^ing  with  its  increase  and  falling  with 

fall— and  that,  in  the  beginning  allowed  to  the 

Ixportation  of  pickled    beef  and  pork,  to  the 

lime  degree,  and  upon  the  same  principle  that 

kelmntics  and  allowances  were  extended  to 

le  tishorics.      In  the  bill  introduced  for  this 

iirposo,  I  .<ipoke  as  follows : 

"To  Sparc  any  senator  tho  supposed  necessity 
f  rehearsing  me  a  lecture  upon  the  imi)ortance 
I  the  lisheries,  I  will  premise  that  I  hiive  some 
|.]uaintance  with  the  subject — that  I  know  the 
iht'iies  to  bo  valuable,  for  tho  food  they  pro- 
p,  the  commcrco  they  create,  tho  mariners 
ley  jicrfeet,  the  employment  they  give  to  arti- 
Dsin  the  building  of  vessels;  and  theconsump- 
bn  they  make  of  wood,  hemp  and  iron.  I  also 
^ow  that  the  fishermen  applied  for  the  boun- 
.  at  the  commencement  of  our  present  form 
J  povemment,  which  the  British  give  to  their 
|licrics,  lor  the  encouragement  of  navigation  ; 

tliat  they  were  denied  them  upon  the  re- 
Irt  of  tho  then  Secretary  of  State  (Mr.  Jef- 
pon).    1  also  know  that  our  fishing   boim- 

and  allowances  go,  in  no  part,  to  that 
bnch  of  liiihing   to  which  the  British  give 


mrmi  bounty — whaling— Ucauw  it  i*  tho  lH'«t 
M'liiM)!  for  nmrinef* ;  nml  the  inlerexln  of  i\n\- 
ignlion  arc  tlit'ir  priniMimi  hIiJitI  in  pri>ni()iiii!> 
tl)>hing.  No  part  of  our  boiintit'M  nml  iillou- 
ant'is  go  to  our  wh«l<'  sliipH,  bvcun.-«'  Ihry  d(> 
not  consume  fiinirn  salt  on  whii-li  liny  haxo 
])itid  duly,  bikI  reclaim  it  »■«  dntw  buck.  1  have 
also  read  the  six  lio/i-nocU  tif  <'i)nt;rcs«<,  general 
and  ]Mirticular.  passed  in  llic  Inst  forty  years — 
from  17HU  to  IS'JW  i?iclusivcly — giving  tlielK)un- 
lies  and  allowances  which  it  '\a  my  present  |iur- 
|M)su  to  ulMilish,  v>ith  the  alum  salt  duly  on 
which  all  this  KU|Krstrui'ture  of  legi.sla'ive  en- 
actment is  built  up.  '  say  the  salt  tax,  and  es- 
])ecinlly  the  tax  on  nliun  salt  (which  is  the  kind 
reipiired  for  the  tisheries),  is  the  foundation  of 
all  thesv  liounties  and  allowances;  and  that,  as 
they  grew  up  together,  it  i.-i  fair  and  regidnr  that 
they  should  sink  and  fall  together.  I  recite  n 
dozen  of  the  acts :  thus : 

"  1.  Act  of  (Jojigress,  178'.),  grants  five  cent.s 
a  barrel  on  j)ieklcd  fish  and  saltcfl  provi'-ions, 
und  tlvo  cents  a  quintal  on  dried  llsh,  e\|>orte(l 
from  the  United  iStates,  in  lieu  of  a  drawback  of 
tho  duties  impo.sed  on  the  hnjiortation  of  the  salt 
used  in  curing  .such  ilsh  and  provisions. 

*'  N.  It.  Duly  on  suit,  at  that  time,  tix  cents  a 
bushel. 

'•2.  At'tof  17'JOincreasesthcbounty  in  lieuof 
drawback  to  ten  ci'uts  a  barrel  on  pickleil  fish 
and  salted  provisions,  and  ten  cents  a  (|uintnl  on 
dried  fi.sh.  Tho  duty  on  salt  being  then  raised 
to  twelve  cents  a  bushel. 

'"3.  Act  of  17'.)2  rei)eals  the  Iwnnty  in  lieu  of 
drawback  on  dried  fish,  and  in  lieu  of  that,  and 
as  a  commutation  and  e(|uivnlcnt  therefor,  au- 
thorizes an  allowance  to  be  paid  to  vessels  in  tho 
cod  fishery  (dried  fish)  at  the  rate  of  one  dollar 
and  fifty  cents  a  ton  on  vessels  of  twenty  to 
thirty  tons ;  with  a  limitation  of  one  hundred 
ond  seventy  dollars  for  the  highest  allowance  to 
any  vessel. 

"  4.  A  supplementary  act,  of  tho  same  year, 
adds  twenty  \)cr  cent,  to  each  head  uf  these  aU 
lowances. 

"  5.  Act  of  1797  increases  tho  bounty  on  salt- 
ed provisions  to  eighteen  cents  a  barrel ;  on 
pickled  fish  to  twenty-two  cents  a  barrel ;  and 
adds  thirty-three  ami  a  third  jwr  cent,  to  the  al- 
lowance in  favor  of  the  cod-fishing  vessels.  Du- 
ty on  salt,  at  tho  same  time,  being  raised  to  twen> 
ty  cents  a  bushel. 

"6.  Act  of  1199  increases  the  bounty  on 
pickled  fish  to  thirty  cents  a  barrel,  on  salted 
provisions  to  twenty-five. 

"  7.  Act  of  1800  continues  all  previous  acts 
(for  bounties  and  allowances)  for  ten  years,  and 
makes  this  proviso :-  That  these  allowances  shall 
not  be  understood  to  be  continued  for  a  longer 
time  than  the  correspondent  duties  on  salt,  re- 
spectively, for  which  the  said  additional  allow- 
ances were  granted,  shall  be  i)ayable. 

'•  8.  Act  of  1807  repeals  all  laws  laying  a  du- 
ty on  imported  salt,  and  for  paying  bounties  on 
the  exportation  of  pickled  fith  and  tsalted  pre 


156 


TJIIUTV  YEAIW  Vli:V.-. 


vu;ionH.  nnd  iiinkint;  nllowntiPi's  to  fisliinR  vessels 
— Mr.  Ji'Hi'rwn  Ih'Jii^  then  J'rcHiileiit. 

'•  y.  Act  of  181 '{  ^'ives  a  lK)unty  of  twenty 
cents  a  barrel  on  pickled  iisii  exported,  mid  al- 
lows to  tlie  cod-lisliinR  vessels  at  the  rale  of 
two  dojiars  nnd  forty  cents  tiie  ton  for  vessels  I 
between  twenty  and  thirty  tons,  lour  dollars  a 
ton  for  vessels  above  thirty,  with  a  limitation  of 
two  hundred  and  seventy-two  dollars  for  the 
lup:hest  allowance  ;  and  a  proviso,  that  no  boun- 
ty or  allowance  should  be  paid  unless  it  was 
proved  to  the  satisfaction  of  the  collector  that 
the  lish  was  wholly  cured  with  foreign  salt,  and 
the  duty  on  it  securetl  or  paid.  The  salt  duty, 
at  the  rate  of  twenty  cents  a  bushel,  was  re- 
vived as  a  war  ta:{  at  the  same  time.  Bounties 
on  salted  provisions  were  omitted. 

"10.  Act  of  1810  continued  the  net  of  1813 
in  force,  which,  being  for  the  wut  only,  would 
otherwise  have  expired. 

"11.  Act  of  1811)  incrca.ses  the  allowance  to 
vessels  in  tlic  cod  fishery  to  three  dollars  and 
lifty  cents  a  ton  on  vessels;  from  jive  to  thirty  ; 
to  four  dollars  a  ton  on  vessels  above  thirty  tons ; 
with  a  limitation  of  tlirce  hundred  and  sixty  dol- 
lars for  the  maximum  allowance. 

"  12.  Act  of  1828  authorizes  the  mackerel 
fishing  vessels  to  take  out  licenses  like  the  cod- 
fishing  vessels,  under  which  it  is  reported  by 
the  vigilant  Secretary  of  the  Treasury  that  mo- 
ney is  illegally  drawn  by  the  mackerel  vessels — 
tiie  newspapers  say  to  the  amount  of  thirty  to 
lil'ty  thousand  dollars  per  annum. 

"  These  recitals  of  legislative  enactments  are 
sufficient  to  prove  that  the  fishing  bounties  and 
allowances  arc  bottomed  upon  tlie  salt  duty,  and 
mutt  stand  or  fall  with  that  duty.  I  wiil  now 
give  my  reasons  for  proposing  to  aboiish  the  du- 
ty on  alum  salt,  and  will  do  it  in  the  simplest 
form  of  narrative  statement ;  the  roosons  them- 
selves being  of  a  nature  too  weighty  and  obvi- 
ous to  need,  or  even  to  admit,  of  coloring  or  ex- 
aggeration from  arts  of  speech, 

"  1.  Because  it  is  an  article  of  indispensable 
necessity  in  the  provision  trade  of  the  United 
States,  No  beef  or  pork  for  the  artu)'  or  navy, 
or  for  consumption  in  the  South,  or  lor  cxjwrta- 
tion  abroad,  can  be  put  up  except  in  this  kind  of 
salt.  If  put  up  in  common  salt  it  is  rejected 
absolutely  bj'  the  commissaries  of  the  arnjy  and 
navy,  anu  if  taken  to  the  South  must  be  repacked 
in  alum  salt,  at  an  cxiH;nse  of  one  dollar  and 
twelve  and  a  half  cents  a  barrel,  before  it  is  ex- 
ported, or  sold  for  domestic  consumption.  The 
quantity  of  provisions  which  require  this  salt,  and 
must  have  it,  is  prodigious,  and  annually  increas- 
ing. The  exports  of  1828  were,  of  beef  sixty-six 
thousand  barrels,  of  jwrk  fifty-four  thousand 
barrels,  of  bacon  one  million  nine  hundred  thou- 
sand [lounds  weight,  butter  and  cheese  two  mil- 
lion pounds  weight.  The  value  of  these  articles 
was  two  millions  and  a  quarter  of  dollars.  To 
this  amount  must  be  added  the  supply  for  the 
;iruiy  and  navy,  and  all  that  was  sent  to  the 
.  byuiii  for  home  consumption,  ever}'  pound  of 


which  had  to  !«  cured  in  this  kind  of  paij^  f , 
common  salt  will  not   cure   it.    The  Wciuti 

'itiy  is  the  great  producer  of  provisions'  i^. 
...re  is  scarcely  a  fanner  in  the  whole  extt'nti 
that  vast  region  whose  interest  does  not  nfiiir, 
a  (ironijit  repeal  of  the  duty  on  this  descrinii  I 
of  wilt.  '  ■"' 

■  2.  Because  no  salt  of  this  kind  is  made  In  ii, 
United  States,  nor  any  rival  to  it,  or  siilisiid, 
for  it.    It  is  a  foreign  importation,  brouirht  fr  i  I 
various  islands  in  the  West  Indies,  lieloncint- 1 / 
F,ngland.  France,  Spain,  and  Deimiark  ;  ami  irun 
LislK)n,  St.  Ubes,  Gibraltar,  the  Bay  of  liJH'rui 
and  Liverjwol,    The  principles  of  the  proteciui J 
system  do  not  extend  to  it:  for  no  quantity 
protection  can  produce  a  home  supply.  "'{ 
present  duty,  which  is  far  beyond  tlie  intidmii 
limit  of  protection,  has  been  in  force  near  tiur,;! 
years,  and  has  not  produced  a  pound.    \\\.  .^J 
still  thrown  exclusively  ujion  the  foreign  stiiiiilvJ 
The  principles  of  the  protecting  system  can  (iniii 
apply  to  common  salt,  the  product  of  which 
considerable  in  the  Unite<l  States;  and  upon  tijaJ 
kind,  the  present  duty  is  proposed  to  be  Icfi ; 
full  force. 

"  3.  Because  the  duty  is  enormous,  and  qiat, 
ruples  the  price  of  the  salt  to  the  farmer.  'Jiii 
original  value  of  salt  is  about  fifteen  cents  I'J 
measured  bushel  of  eighty-four  pounds.  nJ 
the  tarill"  substitutes  weight,  for  measure,  an| 
fixes  that  weight  at  fifty-six  pounds,  instead 
eighty-four.  Upon  that  fifty-six  pounds,  adi 
of  twenty  cents  is  laid.  Upon  this  duty,  tlier 
tail  merchant  has  his  profit  of  eight  or  tin  coikj 
and  then  reduces  his  bushel  from  fifty-si,\  totiiJ 
pounds.  The  consequence  of  all  ....sc  opeiatioJ 
is,  that  the  farmer  pays  about  three  tinus  )| 
much  for  a  weighed  bushel  of  fifty  pounds,  a 
he  would  have  paid  -  a  measured  bushel  o| 
eighty-four  pounds,  if  this  duty  had  never  1«J 
imposed, 

"  4,  Becau.so  the  duty  is  imequal  in  its  open 
tion,  and  falls  heavily  on  some  parts  of  the  com 
munity,  and  produces  profit  to  others,  Itisi 
heavy  tax  on  the  farmers  of  the  West,  whooa 
port  provisions ;  and  no  tax  at  all,  but  ratlierl 
source  of  profit,  to  that  branch  of  the  fisheries 
which  the  allowances  of  the  vessels  apply, 
porters  of  provisions  have  the  same  claim  to  t 
allowances  that  exporters  of  fish  havo.  lic| 
claims  rest  upon  the  same  principle,  and  u|x 
the  principle  of  all  drawbacks,  that  of  refundiBJ 
the  duty  paid  on  the  imported  salt,  whicli  :> 
exported  on  salted  fish  and  provisions.  The  $i 
principle  covers  the  beef  and  pork  of  the  fan 
whicli  covers  the  fish  of  the  fisherman ;  anJ  > 
was  the  law,  as  I  have  shown,  for  the  first  &^ 
teen  years  that  these  bounties  and  allowan 
were  authorized.  Fish  and  provisions  fan!d>lil| 
from  1781)  to  1807.  Bounties  and  nllowii 
began  u[)on  them  together,  and  fell  togt>ther.i 
the  repeal  of  the  salt  tax,  in  the  sccoiul  tcriu^ 
Mr,  Jefferson's  administration.  At  the  nneitf 
of  the  salt  tax,  in  ISIS,  at  the  comii.enccmrat  J 
the  late  war,  they  parted  company,  and  tlielil 


ANNO  1830.     ANDREW  JACKSON,  rnil-ilDF.NT. 


15"; 


5,(h«ex»rt  sense  of  tlio  proverb,  hns  mndo  fish 
ff  nna  ami  tl«-'sh  of  the  other  ever  since.     The 
!i<hin?  iiitcn'st  is  now  drnwing  about  two  hini- 
.;.,<1  and  fifty  thoiisand  dollars  annually  from 
I  ,v  treft's'iry ;  the  provision  raificrs  draw  not  a 
L,nt,  while  they  export  more  than  <louhlo  as 
L,ii,-h  and  oiij;ht,  upon    the   same  principle,  to 
inff  mire  than  double  as  much  money  from  the 
ircnsiiry. 
"5.  Because  it  is  the  means  of  drawing  an  un- 
iluo  amount  of  money  from  the  pul>lic  trcaatiry, 
under  the  idea  of  an  equivalent  for  the  drawback 
of  duty  on  the  salt  used  in  the  curing  of  fish. 
The  amount  of  money  actually  drawn  in  that 
MV  is   about    four    millions   seven    hundred 
jini  fifty  thousand  dollars,  and  is  now  poing 
m  at  the    rate    >f   two    hundred    and    fifty 
thou'^and  dollars  per  annum,  and  constantly 
jitTnenting.    That  this  amount  is  more  than 
ibe  icir.ll    iiJea  recopnizes,  or  contemplates,  is 
proveii  in  various  ways.     1.  By  comparing  the 
oiiimtity  of  salt  supjiosod  to  have  been  used, 
irith  the  quantity  of  fish  known  to  have  been 
tX]iorte(l,  within  a  piven  year.     This  test,  for 
<lii'  year  1828,  would   exhibit   about   seventy 
n>il!ions  of  pounds  weight  of  salt  ou  about  forty 
n  illions  of  pounds  weight  of  fish.     This  would 
suppose  about  a  pound  and  three  quarters  of 
!i',lt  upon  each  poimd  of  fish.    2.  By  comparing 
the  value  of  the  salt  supposed  to  have  been  used, 
livith  the  value  of  the  lish  known  to  have  been 
Icsiiorted.    This  test  would  pivo  two  hundred 
liiid  forty-eipht  thousand  dollars  for  the  salt 
I'lty  on  about  one  million  of  dollars'  worth  of 
|ti<li;  raakin-j;  the  duty  one  fourth  of  its  value. 
Iiiii  this  basis,  the  amount  of  the  duty  on  the  salt 
liised  on  exported  provisions  would  be  near  six 
Ihindred  thousand  dollars.     3.  By  comparing 
Itlie  increasing  allowances  for  salt  with  the  de- 
Imx'ing  exportation  of  fish.    This  test,  for  two 
Ipven  jKjriods,  the  rate  of  allowance  being  the 
\fA\m,  would  produce  this  result:  In  the  year 
si'i,  three  hundred  and  twenty-one  thousand 
Ifour  hnndied  and  nineteen  quintals  of  dried  fish 
Ic.vportctl,  and   one   hundred   and   ninety-eight 
Ithousand  seven  hundred  and  twenty-four  dollars 
Ipaid  for  the  commutation  of  the  salt  drawback : 
Till  1828,  two  hundred  and  sixty-five  thousand 
llffo  hundred  and  seventeen  quintals  of  dried  fish 
|es]wrtcd,  and  two  hundred  and  thirty-nine  thou- 
sand one  hundred  and  forty-five  dollars  paid  for 
hhe  commutation.    These  comparisons  establish 
jtlie  fact  that  money  is  unlawfully  drawn  from 
p  tnasnry  by  means  of  these  fishing  allow- 
Vnces,  hotlomed  on  the  salt  duty,  and  that  fact 
is  expressly  stated    by  the    Secretary  of  the 
Ireasury  (Mr.  Ingham),  in  his  report  upon  the 
pnances.  at  the  coiniuenccment  of  the  present 
«sion  of  Congress.    [Sec  page  eight  of  the  re- 
m.] 

"  6.  Because  it  has  become  a  practical  viola- 
ion  of  one  of  the  most  equitable  clause  i  in  the 
wnstitution  of  the  United  States— the  clause 


whwh  declares  that  duties,  taxes,  and  exriMe«, 
shall  lie  imiform  throughout  the  I'nion.  There 
is  no  uniformity  in  the  o|)eration  of  this  tax. 
Far  from  it  it  empties  the  pockets  of  sonic, 
and  fills  the  pockets  of  others.  It  returns  to 
some  five  times  as  much  as  they  |).nv,  and  to 
others  it  returns  not  a  cent.  It  gives  to  the 
fishing  interest  two  hundred  and  fifty  thousand 
dollars  per  annum,  and  not  n  cent  to  the  farm- 
ing interest,  which,  upon  the  same  jirinciple, 
would  bo  entitled  to  six  hundred  thousand  dol- 
lars per  annum. 

"  7.  Because  this  duty  now  rests  ujton  a  false 
basis — a  basis  which  makes  it  the  interest  of 
one  part  of  the  Union  to  keep  it  up,  while  it  is 
the  interest  of  other  i>arts  to  get  rid  of  it.  It  is 
the  interest  of  the  West  to  almlish  this  duty :  it 
is  the  interest  of  the  Northeast  to  perpetuate  it. 
The  former  loses  money  by  it ;  the  latter  makes 
money  by  it ;  and  a  tax  that  Ixjcomes  a  money- 
making  business  is  a  solecism  of  the  higlust 
order  of  absurdity.  Yet  such  is  the  fact.  The 
treasury  records  prove  it,  and  it  will  aliord  the 
Northeast  a  brilliant  opportimity  to  manifest 
their  disinterested  affection  to  the  West,  by  piv- 
ing  up  their  own  profit  in  this  tax,  to  relieve  the 
West  from  the  burthen  it  imposes  upon  her. 

"  8.  Because  the  repeal  of  the  duly  will  not 
materially  diminish  the  revenue,  nor  <leluy  the 
extinguishment  of  the  public  debt.  It  is  a  tax 
carrying  monej'  out  of  the  treasury,  as  well  as 
bringing  it  in.  The  isstie  is  two  Inindred  and 
fifty  thousaiul  dollars,  perhaps  the  full  amount 
which  accrues  on  the  kind  of  salt  to  which  the 
abolition  extends.  The  duty,  and  the  fishing 
allowances  bottomed  upon  it,  falling  together  as 
they  did  when  Mr.  Jefferson  was  I'resident, 
wotdd  probably  leave  the  amount  of  revenue 
unaffected. 

''  9.  Because  it  belongs  to  an  unhappy  period 
in  the  history  of  our  government,  and  came  to 
us,  in  its  present  magnitude,  in  comjiany  with 
an  odious  and  roj.ndiatetl  set  of  measures.  The 
maximum  of  twenty  rents  a  bushel  on  salt  was 
fixed  in  the  year  'Oft,  and  was  the  fruit  of  tho 
.same  sy.stem  which  produced  the  alien  and  sedi- 
tion laws,  the  eight  per  cent,  loans,  the  stamp 
act,  the  black  cockade,  and  the  standing  army  in 
time  of  peace.  It  was  one  of  tho  contrivances 
of  that  disastrous  period  for  extorting  money 
from  the  ))eople,  for  the  support  of  that  strong 
ond  splendid  government  which  was  then  tho 
cherished  vision  of  so  many  exalted  lieads.  The 
reforming  hand  of  Jefferson  overthrew  it.  and  all 
the  superstructure  of  fishing  allowances  whicli 
was  erected  upon  it.  The  exigencies  of  tho  lato 
war  caused  it  to  bo  revived  for  the  term  of  tho 
war,  and  the  interest  of  some,  and  tho  neglect  of 
others,  have  permitted  it  to  continue  ever  since. 
It  is  now  our  duty  to  sink  it  a  .second  time.  Wo 
profess  to  be  disciples  of  the  Jefl'ersonian  school ; 
lei  us  act  up  to  our  profession,  and  complete  tho 
task  which  our  master  set  us." 


■{  --      1 


if     ^;i 


f 


t:;:' 


l.-iS 


THIRTY  YEARS'  VIEW. 


!•'' 


C  II  A  r  T  K  11    X  L  I  X . 

BANK  OF  THE  UXITKI)  STATES. 

It  has  been  already  shown  that  Cicneral  Jack- 
son in  liis  first  annual  message  to  Congrcs.s,  call- 
ed in  qticstion  both  the  constitutionality  and 
expediency  of  the  national  bank,  in  a  way  to 
show  him   averse   to  the  institution,  and   dis- 
posed to  sec  the  federal  government  carried  on 
without  the  aid  of  such  an  assistant.    In  the 
Fame  message  he  submitted  the  question  to  Con- 
gress, that,  if  Guch  an  institution  is  deemed  es- 
Fential  to  the  fiscal  operations  of  the  govern- 
ment, whether  a  national  one,  founded  upon  the 
credit  of  the  gnvernment,  and  its  revenues,  might 
not  be  devised,  which  would  avoid  all  constitu- 
tional difficulties,  and  at  the  .same  time  secure  all 
the  advantages  to  the  government  and  country 
that  were  expected  to  result  from  the  present 
bank.    I  was  not  in  Washington  when  this  mes- 
sage was  prepared,  and  had  had  no  conversation 
with  the  President  in  relation  to  a  substitute  for 
the  national  bank,  or  for  the  currency  which  it  fur- 
nished, and  which  having  a  general  circulation 
was  better  entitled  to  the  character  of  ''  nation- 
al "  than  the  issues  of  the  local  or  State  banks. 
We  knew  each  other's  opinions  on  the  question  of 
a  bank  itself:  but  had  gone  no  further.     I  had 
never  mentioned  to  him  the  idea  of  reviving  the 
gold  currency — then,  and  for  twenty  years— -ex- 
tinct in  the  United  States :  nor  had  I  mentioned 
to  him  the  idea  of  an  independent  or  sub-trea- 
sury— that  is  to  say,  a  government  treasury  un- 
connected with  any  bank — and  which  was  to 
have  the  receiving  and  disbursing  of  the  public 
moneys.    When  these  ideas  were  mentioned  to 
him,  he  took  them  at  once ;  but  it  was  not  until 
the  Bank  of  the  United  States  should  be  disposed 
of  that  any  thing  could  be  done  on  these  two 
subjects ;  and  on  the  latter  a  process  had  to  be 
gone  through  in  the  use  of  local  banks  as  depos- 
itories of  the  public  moneys  which  required  sev- 
eral years  to  shovr  its  issue  and  inculcate  its  les- 
son.   Though  strong  in  the  confidence  of  the 
people,  the  President  was  not  deemed  strong 
enough  to  encounter  all  the  banks  of  all  the 
States  at  once.    Temporizing  was  indispensable 
— and  even  the  conciliation  of  a  part  of  them. 
Hence  the  deposit  system — or  some  years'  use 


of  local  hanks  as  fiscal  agents  of  the  emn 
mcnt — which  gave  to  the  institutions  so  sile<v,,  j 
the  invidious  appellation  of  "  pet  hanka ;  "  n)( j„j 
ing  that  they  were  government  favoiite-;. 

In  the  mean  time  the  question  which  tlicPrcsil 
I  dent  had  submitted  to  Congress  in  relation  to 
'  government  fiscal  agent,  was  seized  upon  as  aiJ 
admitted  design  to  establish  a  government  bank 
— stigmatized  at  once  as  a  "  thousand  times  morj 
dangerous  "  than  an  incorporated  national  bank- 
andheldup  to  alarm  the  country.  Committees  ii 
each  House  of  Congress,  and  all  the  public  pr(>i 
in  the  interest  of   the  existing  Bank  of  tb 
United  States,  took  it  up  in  that  sense,  and  vehe. 
mently  inveighed  against  it.    Under  an  instruc- 
tion  to  the  Finance  Committee  of  the  Senate,  tol 
report  upon  a  plan  for  a  uniform  currency.  anJ 
under  a  reference  to  Jie  Committee  of  Ways  ana 
Means  of  the  House,  of  that  part  of  the  PresJ 
dent's  message  which  related  to  the  bank  and  iu 
currency,  most  ample,  elaborate  and  argumcntJ 
tivo  reports  were  made — wholly  repudiatin"  all 
the  suggestions  of  the  President,  and  sustaining 
the  actual  Bank  of  the  United  States  under  even 
aspect  of  constitutionality  and  of  expediencvJ 
and  strongly  presenting  it  for  a  renewal  of  iJ 
charter.  These  reports  were  multiplied  withoul 
regard  to  expense,  or  numbers,  in  all  the  varicl 
ties  of  newspaper  and  pamphlet  publication  I 
and  lauded  to  the  skies  for  their  power  and  cm 
cellence,  and  triumphant  refutation  of  all  tin 
President's  opinions.    Thus  was  the  "  war  of  thi 
braik  "  commenced  at  once,  in  both  Houses  o^ 
Congress,  and  in  the  public  press ;  and  openly  a 
the  instance  of  the  bank  itself,  which,  forgettinJ 
its  position  as  an  institution  of  the  governmenJ 
for  the  convenience  of  the  government,  sctitsell 
up  for  a  power,  and  struggled  for  a  continud 
existence — in  the  shape  of  a  new  charter— as  J 
question  of  its  own,  and  almost  as  a  right.  Il 
allied  itself  at  the  same  time  to  the  political  pan 
ty  opposed  to  the  President,  joined  in  all  tlieij 
schemes  of  protective  tariff,  and  national  inter! 
nal  improvement :  and  became  the  head  of  ih 
American  system.    With  its  moneyed  and  politij 
cal  power,  and  numerous  interested  affiliation! 
and  its  control  over  other  banks,  brokers  acj 
money  dealers,  it  was  truly  a  power,  and  agra 
one :  and,  in  answer  to  a  question  put  by  Gew 
ral  Smith,  of  Maryland,  chairman  of  the  Finaj 
Committee  of  the  Senate  already  mentioned  (ai 
appended  with  other  questions  and  answers  < 


ANNO  1830.    ANDREW  JACKSON.  rUF>lDF.NT. 


U9 


^.  rc'ixjrt),  Mr.  Biddlc,  the  president,  Hhowed 
,  poircr  in  the  national  bank  to  save,  relieve  or 
,j.jiroy  the  local  banks,  wliich  exhibited  it  as 
fj.ir  absolute  ma.ster  ;  and,  of  course  able  to 
f,„trol  thera  at  will.    The  question  was  put  in 
I  .pirit  of  friendship  to  the  bank,  and  with  a 
,i,>{r  to  enable  its  president  to  exhibit  the  insti- 
lation  as  great,  just  and  beneficent.    The  iiues- 
lion  was :  "  //«»  the  bank  at  any  lime  oppressed 
jiy  0/  the  State  banks?"  and  the  answer: 
•  Ake'."    And,  as  if  that  was  not  enough,  Mr. 
Bkltllc  went  on  to  say :  ^^  There  are  very  few 
Ifinks  vhkh  might  not  have  been  destroyed  by 
uji  exertion  of  the  power  of  the  bank.    None 
Uw  been  injured.    Many  have  been  saved. 
.Inrf  more  have  been,  and  are  constantly  re- 
Ikred,  when  it  is  found  that  they  are  solvent 
kt  are  suffering  under  temporary  difficulty." 
Ihis  was  proving  entirely  too  much.     A  power 
10  injure  and  destroy — to  relieve  and  to  save  the 
tboiL«and  banks  of  all  the  States  and  Territories 
wi  a  power  over  the  business  and  fortunes  of 
nearly  all  the  people  of  those  States  and  Terri- 
tories :  and  might  be  used  for  evil  as  well  as  for 
food ;  and  was  a  power  entirely  too  large  to  be 
trusted  to  any  man,  with  a  heart  in  his  bosom — 
or  to  any  government,  responsible  to  the  people ; 
jmuch  less  to  a  corporation  without  a  soul,  and 
irresponsible  to  heaven  or  earth.    This  was  a 
jtiew  of  the  case  which  the  parties  to  the  ques- 
jtion  had  not  foreseen ;  but  which  was  noted  at 
the  time ;  and  which,  in  the  progress  of  the  gov- 
mmcnt  struggle  with  the  bank,  received  exem- 
ilifications  which  will  be  remembered  by  the 
Mration  of  that  day  while  memory  lasts; 
id  afterwards  kuown  as  long  as  history  has 
wer  to  transmit  to  posterity  the  knowledge 
if  national  ra'.amities. 


C  H  A  P  T  K  R     L . 

REMOVALS  FROM  OFriCE. 

liM  led  to  give  a  particular  examination  of 
shead,  from  the  great  error  into  which  Tocque- 
lle  has  fallen  in  relation  to  it,  and  which  he  has 
fopigated  throughout  Europe  to  the  prejudice  of 
[publican  government;  and  also,  because  the 
Iwer  itself  is  not  generally  understood  among 


ourselves  as  laid  down  by  Mr.  JiftVrson ;  nnd 
has  been  sometimes  abuse<l,  and  by  each  party, 
but  never  to  the  degree  fiiip|)o<;i<l  by  Mons.  do 
Tocqueville.  lie  says,  in  his  chapter  H  on  Amer- 
ican democracy ;  "  Mr.  Quincy  Adams,  on  his 
entry  into  oftico,  discharged  the  majority  of  the 
individuals  who  had  been  appointed  by  his  pre- 
decessor ;  and  I  am  not  aware  that  General 
Jackson  allowed  a  single  removable  functionary 
employed  in  the  public  service  to  retain  his  place 
beyond  the  first  year  which  succee«ltd  his  elec- 
tion." Of  course,  all  these  imputed  sweeping  re- 
movals were  intended  to  be  understood  to  have 
been  made  on  account  of  party  politics — for  dif- 
ference of  politicol  opinion — and  not  for  miscon- 
duct, or  unfitness  for  olllce.  To  these  classes  of 
removal  (unfitness and  misconduct),  there  could 
be  no  objection  :  on  the  contrary,  it  would  have 
been  misconduct  in  the  President  not  to  have  re- 
moved in  such  coses.  Of  political  removals,  for 
difference  of  opinion,  then,  it  only  '  umains  to 
speak ;  and  of  those  officials  oppointed  by  his 
predecessor,  it  is  probable  that  Mr.  Adams  did 
not  remove  one  for  political  cause  ;  and  that  M. 
de  Tocqueville,  with  respect  to  him,  is  wrong  to 
the  whole  amount  of  his  assertion. 

I  was  a  close  observer  of  Mr.  Adams's  admin- 
istration, and  belonged  to  the  opposition,  which 
was  then  keen  and  powerful,  and  permitted  no- 
thing to  escape  which  could  be  rightfully  (some- 
times wrongfully)  employed  against  him ;  y.i  • 
never  beard  of  this  accusation,  a:id  have  toj 
knowledge  or  recollection  at  this  time  of  a  sin- 
gle instance  on  which  it  could  be  founded.  Mr. 
Adams's  administration  was  not  u  case,  in  fact,  in 
which  such  removals — for  diflerence  :  r.olitical 
opinion — could  occur.  They  only  take  place 
when  the  presidential  election  is  a  ro.olution  of 
parties;  and  that  was  not  the  case  wlien  Mr. 
Adams  succeeded  Mr.  Monroe,  lie  b'  iunged  to 
the  Monroe  administration,  hud  occupied  the 
first  place  in  the  cabinet  during  its  wliole  double 
term  of  ei;,'ht  years ;  and  of  course,  stood  in  con- 
currence with,  and  not  in  opposition  to,  Mr.  Mon- 
roe's appointments.  Besides,  party  linos  were 
confused,  and  nearly  obliterated  at  that  time.  It 
was  called  "  the  era  of  good  feeling."  Mr.  Ad- 
ams was  himself  an  illustration  of  that  feeling. 
lie  had  been  of  the  federal  party — brought  ear- 
ly into  public  life  as  such — a  minister  abroad  imd 
a  senator  at  home  as  such ;  but  having  divided 
from  his  party  in  giving  support  to  several  proDa- 


I 


t  '•: 


tfl 


160 


THIRTY  YKAIiS'  VIKW. 


incnt  measures  of  Mr.  .Ic'frersoii'HwIiniiiiwtration.  j 
lie  was  iiftci  V, nnis  suvernl  tiiiu-H  nominated  ))y 
Mr.  Madi.'-oii  iw  minister  abroad ;  and   on   the  | 
election  of  Mr.  Monroe  ho  was  invited  from  I 
I/>ndon  lo  III'  i!i!i'Ie  his  Secretary  of  State — where 
lie  remaine<l  till  his  own  election  to  the  Presiden- 
cy.   There  was,  then,  no  ca.so  iircscnted  to  him 
f')i'  political  removals ;  and   in   fact  none   .such 
were  made  hy  him  ;  so  that  the  accusation  of  M. 
deTocquevale.so  faras  it  applied  to  Mr.  Adams,  is 
wholly  erroneous,  and  inexcusably  careless. 

With  re«ite''.  o  Gencial  Jackson,  it  i.s  about 
equally  so  in  the  main  a.?.scrtion — tlic  assertion 
that  he  diil  T'  illow  a  yin^h  removable  func- 
tionary to  rcii);u:i  in  office  'ley.md  the  lirst  year 
after  his  election.  On  the  t-ontrary,  there  were 
entire  classes — :'1I  those  who.sc  functions  partook 
of  the  judicial — which  he  never  touched.  Boa-ds 
of  commissioners  for  adjudicating  land  titles; 
commissioners  for  adjudicating  claims  under 
indemnity  treaties;  judges  of  the  territorial 
courts ;  ju>tices  of  the  District  of  Columbia ; 
none  of  these  wer3  touched,  either  in  the  first  or 
in  any  subsequent  ^'ear  of  his  administration, 
except  a  solitary  judge  in  one  of  the  territories  ; 
and  he  not  for  political  cause,  but  on  specific 
complaint,  and  after  taking  the  written  and  re- 
sponsible opinion  of  the  then  Attorney  General, 
!Mr.  Grundy.  Of  tlie  seventeen  diplomatic  func- 
tionaries abroad,  only  four  (three  ministers  and 
one  charge  dos  afiaires)  were  recalled  in  the  first 
year  of  his  administration.  In  the  departments 
at  Washington,  a  majority  of  the  incumbents  re- 
mained opposed  to  him  during  his  administration. 
Of  the  near  eight  thousand  aeputy  postmasters 
in  the  United  States,  precisely  four  hundred  and 
ninety-one  vveti'  rouioved  in  the  time  mentioned 
oy  Wons,  de  Tocquevillc,  and  they  for  all  causes 
— for  every  variety  of  cau.ses.  Of  the  whole 
number  of  rcmovuMe  olficials,  amounting  to 
many  thousands,  the  totality  of  removals  was 
about  six  hundred  and  ninety  and  they  for  all 
causes.  Thus  the  government  archives  contra- 
dict Mons.  de  Tocquevillc,  and  vindicate  General 
Jackson's  administration  from  the  /eproach  cast 
upon  it.  Yet  he  camo  into  oflice  under  circum- 
stances well  calculated  to  cicitc  him  to  make  re- 
movals. In  the  first  place,  none  of  his  politicil 
friend.s,  though  constituting  a  grc.it  majority  of 
the  people  of  the  United  States,  had  been  ap- 
pointed to  odico  daring  the  preceding  admniistra- 
tion ;  and  such  an  exclusion  could  not  be  justified 


on  ony  consideration,     llis  election  was,  in  mij, 
degree,  a  revolution  of  parties,  or  rather  a  ro-t-surv 
lishment  of  parties  on  the  old  line  of  federal  ani 
democratic.    It  was  a  change  of  administration 
in  which  a  change  of  government  functionari- 
to  some  extent,  Inicamc  a  right  and  a  duty ;  l,.;; 
still  the  removals  actually  made,  when  politic»i, 
were  not  merely  for  ojiinions,  but  for  condiK; 
under  these  opinions ;  and,  unhappily,  there  was 
conduct  enough  in  too  many  officials  to  justify 
their  removal.    A  large  proportion  of  them,  in- 
eluding  all  the  new  appointments,  were  inimical 
to  General  Jackson,  and  divided  against  him  on  i 
the  re-establishment  of  the  old  party  lines;  am! 
many  of  them  actively.     Mr.  Clay,  holding  tk 
first  place  in  Mr.  Ad;>,nis's  cabinet,  took  the  field 
against  him,  travelled  into  dilferent  States,  de 
claimed  against  him  at  public  meetings ;  and  de 
precated  his  election  as  the  greatest  of  caiim- 
ities.     The  subordinates  of  the  government,  to  a  I 
great  degree,  followed  his  example,  if  not  in  | 
public  speeches,  at  least  in  public  talk  and  news- 
paper  articles ;  and  it  was  notorious  that  tlicse  I 
subordinatey  were  active  in  the  presidental  cIk- 
tion.     It  was  a  great  error  in  them.    It  cIudi-- 
ed  iheir  position.    By  their  position  all  admin- 1 
istrations  were  the  same  to  them.    Their  duties 
were  ministerial,  and  the  siimo  under  all  Presi- 
dents.    They  were  noncombatant.-J.    By  cngsj- 
ing  in  the  election  they  became  combatant,  and 
subjected  themselves  to  the  law  of  victory  and 
defeat — reward  and  promotion  in  one  case,  loss  I 
of  place  in  the  other.     General  Jackson,  tlita  I 
on  his  accession  to  the  Presidency,  was  in  a  new  I 
situation  with  rcspeci;  to  parties,  diflcrent  from  | 
that  of  any  President  !.'incc  the  time  of  .Mr.  .It 
ferson,  whom  ho  took  for  his  model,  and  fliio~!  I 
rule  he  followed.     He  made  many  removals,  ani  I 
for  cause,  but  not  so  many  as  not  to  leave  a  rna-f 
jority  in  office  against  him — even  in  the  cxcca-| 
tive  departments  in  Was^iiugtoii  City. 

Mr.  Jefferson  had  early  and  anxiou:sly  iUvMl 
i,he  question  of  removals.  He  was  IIt,  li."!!| 
President  that  had  occasion  to  make  then?,  and  j 
with  him  the  occasion  was  urgent.  His  ekctiojl 
'VMS  a  complete  revolution  of  parties,  and  wiitil 
elected,  he  found  himself  to  be  a!ino.<t  the  only  j 
man  of  his  party  in  office.  The  democracy  bi I 
been  totally  excluded  from  federal  aj)poimiaiT.tl 
during  the  administration  of  his  prcdcci  s-or ;  al- 
most all  offices  were  in  the  hands  of  his  [I'jli* 
cal  foes.    I  recollect  to  have  heard  ai)  ollitoi  . 


ANNO  1800.     ANDnEW  JArKSOV.  l'nr>II)i;NT. 


101 


the  tnny  say  that  thoro  was  but  one  Hclil  officer 
a  the  MTvico  favorable  to  him.     This   wha  the 
irrieof  tlie  civil  service.     .Justice  to  hiiiisolf  and 
lii  prty  requin-'l  this  state  of  thiiij's  to  bo  nl- 
urwl ;  requiri'il  his  friends  to  '.lave  a  share  pro- 
rmrtionate  to  their  numbers  in  the  distribution  of 
orticc ;  and  rofiuiretl  him  to  have  tlie  assistance 
of  his  friends  in  the  aihninistration  of  the  govern- 
ment.   Till;  four  years'  limitation  law — the  law 
vjiich  now  vacates  within  tlie  c^-clo   of  every 
niv.sidcntial  term  the  great  ma.ss  of  the  offices 
— (vas  not  tlicn  in  force,     llesignations  then,  as 
now.  were  few.     Removals  were  indispensable, 
and  the  only  question  was  the  principle  upon 
nhich  they   should   be   made.     Thi.s  question, 
Mr.  Jefferson  studied  anxiously,  and  under  all 
I  \u  aspects  of  principle  and  policy,  of  national 
and  of  party  duty  j  and  upon  consultation  with 
I  his  friends,  settled  it  to  his  and  their  .satisfaction. 
The  fundamental  principle  was,  that  each  party 
was  to  have  a  .share  in  the  ministerial  offices, 
I  the  control  of  each  branch  of  the  service  being 
I  in  the  hands  of  the  administration ;  that  removals 
I  wore  only  to  be  made  for  cause ;  and,  of  course, 
[that  there  should  be  inquiry  into  the  truth  of 
limputed  delinquencies.     "Official  misconduct," 
••  personal   misconduct,"   "negligence,"   "inca- 
|p.icity,"  "inherent  vice  in  the  appointment," 
•partisan  electioneering  beyond  the  fair  exercise 
lof  the  elective  franchise ; "  and  where  "  the  heads 
lof  some  branches  of  the  service  were  politically 
lopposed  to  his  administration  " — these,  with  Mr. 
iJetfers^n,  constituted  the  law  of  removals,  and 
iras  so  written  down  by  him  immediately  after 
Biis  inauguration.    Thus,  March  7th,  1801 — only 
Ifour  days  after  his  induction    into  office — he 
trrote to  Jlr.  Monroe; 

"Some  removals,  I  know,  must  be  made. 
Jhoy  must  be  as  few  as  possible,  done  gradual- 
ly, and  bottomed  on  some  malversation,  or  in- 
Itrent  di.^qiuilitication.  Where  we  should  draw 
Ihf  line  bi'twoen  retaining  all  and  none,  is  not 
lit  settled,  and  will  not  be  until  wc  got  our  ad- 
iiimstration  together ;  and,  perhaps,  even  then 
Ire  shall  proceed  I'l  iulniis,  balancing  our  measures 
Iceording  to  the  impression  we  perceive  them  to 
take." 

On  the  23d  of  March,  1801,  being  still  in  the 
|rst  month  of  his  administration,  Mr.  Jefferson 
otc  thus  to  Gov.  Giles,  of  Virginia : 

Good  men.  to  whom  there  is  no  objection  but 

ii'lfTercncc  of  [loliticU  opinion,  practised  on  only 

as  the  n;aht  of  a  private  citizen  will  justi- 


VOI.    I.— 11 


f^v,  are  not  proper  subjerts  of  removal,  except  in 
•  'i.'  cn.<t'  i>f  ait.orney--  and  inar>hul,' .  The  rourts 
being  so  decidedly  f'ediTul  und  irriiiiovabli',  it  is 
believed  that  reiml)lic.ui  attorneys  and  ni;ii>hals, 
being  the  doors  of  entrance  into  the  courts,  are 
indis])ensably  neres>:avy  as  a  shield  to  the  repub- 
lican jiait  of  o-ir  fellow -citizens  ;  which,  1  believ,', 
is  the  main  Ijody  of  the  people.  " 

Six  days  after,  he  wrote  to  Elbridgo  flerry, 
afterwards  Vice-President,  thus: 

'".Mr.  Adams's  last  appointments,  when  he  knew 
he  was  appointing  counsellors  and  uids  for  me.  not 
for  him.self,  I  .set  iiside  as  last  as  dej)ends  on  me. 
Officers  who  have  boi.:-.  guilty  of  gross  abuse  of 
office,  such  as  marshals  packiiig  juii  s,  Ac,  I 
.shall  now  remove,  as  my  j)redecessors  ought  in 
justice  to  have  done.  The  instances  "vill  be  few. 
and  governed  by  strict  rule,  and  not  party  pas- 
sion. The  right  of  opinion  shall  suH'er  no  invn- 
sion  from  inc.  Those  who  have  acted  well  have 
nothing  to  fear,  however  they  may  have  differed 
from  me  in  opinion:  those  who  have  done  ill, 
however,  have  nothing  to  hope;  no/-  shall  1  fail 
to  do  justice,  lest  it  should  be  a.'cribed  to  that, 
difference  of  opinion. " 

To  Mr.  Lincoln,  his  Attorney-General,  still 
writing  in  the  first  year  of  his  adm'nistration,  he 
says: 

"  I  still  think  our  original  ider.  as  to  office  is 
best;  that  is,  to  depend,  for  obtaii  iiiga  just  par- 
ticipation, on  deaths,  resignations  and  deliiu|uen- 
cies.  This  will  least  affect  the  tranquillity  of  the 
people,  and  prevent  their  giving  into  the  sugges- 
tion of  our  enemies — that  oui-s  has  been  a  contest 
for  office,  not  for  principle.  This  is  rather  a  slow 
operation,  but  it  is  .sure,  if  we  jmrsue  it  steadily, 
which,  however,  has  not  been  done  with  the  un- 
deviating  resolution  I  could  have  wished.  To 
these  means  of  obtaining  a  just  share  in  the 
transaction  of  the  public  business,  shall  be  added 
one  more,  to  wit,  removal  for  electioneering  ac- 
tivity, or  open  and  industrious  opposition  to  tlie 
principles  of  the  present  govemment,  legislative 
and  executive.  Every  officer  of  the  government 
may  vote  at  elections  according  to  his  conscience ; 
but  we  should  betray  the  cau.se  committed  to  our 
care,  were  we  to  permit  the  influence  of  official 
patronage  to  be  used  to  overthrov.  that  cau.se. 
Your  present  situation  will  enable  you  to  judge 
of  prominent  offenders  in  your  State  in  the  ca.se 
of  the  present  election.  I  pray  you  to  .seek  them, 
to  mark  them,  to  be  quite  sure  of  your  ground, 
that  we  may  commit  no  errors  or  wrongs ;  and 
leave  the  rest  to  me.  I  have  been  iirptd  to  remove- 
Mr.  A\'liittemorc,  the  surveyor  of  (iloucx'ster,  on 
grounds  of  neglect  of  duty  and  industrious  opjK)- 
sition  ;  yet  no  facts  are  so  distinctly  charged  as 
to  make  the  step  sure  which  we  should  lake  in 
this.  Will  you  take  the  trouble  to  satisfy  your- 
self on  the  point?" 

This  was  the  law  of  removais  as  laid  down  by 


1G2 


THIRTY  YEAIIS*  VIEW. 


Mr.  JefTurson,  and  firnrtiscd  upon  In-  him,  but 
not  to  the  cxtftit  tlmt  lii.^  jirinriiilc  ri'fuiiifd,  or 
tliat  public  outcry  in'Iicutcd.  He  told  inc  him- 
self, not  loiiR  before  his  death  (Christmas,  1824), 
that  he  liad  never  done  justice  to  liis  own  party 
— had  never  given  them  the  share  of  odice  to 
wliich  tlicrc  numbers  entitled  them — had  failed 
to  remove  man}'  Mho  deserved  it.  but  who 
B'ere  si)are<l  tlirouuli  the  intercession  of  friends 
and  concern  for  their  distressed  famiHcs.  Gene- 
ral Jackson  acted  upon  the  rule  of  Mr.  Jeflbrson, 
l)iit  no  doubt  wa.s  often  misled  into  departures 
from  the  rule;  but  never  to  the  extent  of  givinj? 
to  the  party  mcr.;  tliua  their  due  proportion  of 
oflRco,  according  to  their  numbers.  Great  clar 
inor  was  raised  .■•a'r'st  him,  and  the  number  of 
80-caller!  "  i tmo', ,di "  was  swelled  by  an  abuse 
of  the  U"  every  case  being  proclaimed  a  "re- 
moval,'  re  lio  refused  to  reappoint  an  cx- 
incumbcut  whose  term  had  expired  under  the 
four  years'  limit  act.     Far  from  universal 

removals  for  ojyuiion's  sake.  General  Jackson,  as 
I  have  already  said,  left  the  majority  of  his  op- 
ponents in  oflBce,  and  re-appointed  many  such 
whose  terms  had  expired,  and  who  had  approved 
themselves  faithful  offiters. 

Having  vindicated  General  Jackson  and  3tr. 
Adams  from  the  reproach  of  Monr^.  do  Tocque- 
ville,  and  having  shown  that  it  was  neither  a 
principle  nor  a  practice  of  the  Jefferson  school 
to  remove  officers  for  political  ojjinions,  I  now 
feel  bound  to  make  the  declaration,  that  the  doc- 
trine of  that  school  has  been  too  much  departed 
from  of  late,  and  by  both  jjarties,  and  to  the  great 
ietriment  of  the  right  and  proper  working  of  the 
government. 

The  practice  of  removals  for  opinion's  sake  is 
becoming  too  common,  and  is  reducing  our  pre- 
sidcntia!  elections  to  what  Mr.  Jefferson  depre- 
cated, "  a  contest  of  office  instead  of  principle,  " 
and  converting  the  victories  of  each  party,  so  far 
as  office  is  concerned,  into  the  political  extermi- 
nation of  the  other ;  as  it  was  in  Great  Britain 
between  the  whigs  and  tories  in  the  bitter  con- 
tests of  one  hundred  years  ago,  and  when  the 
victor  made  a  "  clean  sweep  "  of  the  vanquished, 
leaving  not  a  wreck  behind.  Mr.  JIacaulay  thus 
describes  one  of  those  "  sweepings:  " 

"  A  persecution,  such  as  had  never  been  known 
fooforc,  and  1ms  never  been  known  since,  raged  in 
every  public  department.  Great  numbers  of 
iimible  and  laborious  clerks  were  deprived  of 


their  l)road,  not  iKJcause  they  had  neglected  tUir 
duties,  not  because  they  ha<l  taken  an  active  i«rt 
against  the  ministry,  'but  merely  Ixrauso  t'  • 
had 
man 


owed  they  situations  to  some  (\\\t\p)  r^nUl- 
who  was  against  the  peace.  J'ho  pra<irnri. 
tion  extcmied  to  tidewaiUirs,  to  doorkifptrs 
One  poor  man,  to  whom  a  pension h.id  lH;tnmon 
for  his  gallantry  in  a  fight  with  snni^'^rkrs.  wis 
deprived  of  it  because  he  had  been  befi  iondc'd  t,v 
the  (whig)  Duke  of  Grafton.  An  a;:ed  widow 
who,  on  account  of  her  husband's  services  in  the 
navy,  had,  many  years  before,  been  made  liou^. 
keeiH-T  in  a  i)ubIio  oifice,  was  dismissed  from  her 
situation  because  she  was  distantly  conncctcij 
by  marriage  with  the  (whig)  Cavendish  fumijj-," 

This,  to  be  sure,  was  a  tory  proscription  of 
whigs,  and  therefore  the  less  recommendable  u 
an  example  to  either  party  in  the  Ignited  States 
but  too  much  followed  by  bo*h— to  the  injurv 
of  individuals,  the  damage  of  the  public  scrviev^ 
the  corruption  of  elections,  and  the  degradatic.i 
of  government.  De  Tocqueville  quotes  removalj  \ 
as  a  reproach  to  our  government,  and  althuu"ii  I 
untrue  to  the  extent  he  representc(i,  the  evil  jiu 
become  worse  since,  and  is  true  to  a  siifficient 
extent  to  demand  reform.  The  remedy  is  fomij 
in  Mr.  Jefferson's  rule,  and  in  the  four  years' 
limitation  act  which  has  since  been  passed;  and  I 
under  which,  with  removals  for  cause,  and  some 
deaths,  and  a  few  resignations,  an  ample  field 
would  be  found  for  new  appointments,  without 
the  harshness  of  general  and  sweeping  rcmoiak 

I  consider  "  sweeping"  removals,  as  now  prac- 
tised by  both  parties,  a  great  political  evil  incur 
country,  injurious  to  individuals,  to  the  public 
service,  to  the  purity  of  elections,  and  to  tlie  I 
harmony  and  union  of  the  people.    Certainly, 
no  individual  has  a  right  to  an  office :  no  one  | 
has  an  estate  or  property  in  a  public  cmploj. 
ment ;  but  when  a  mere  ministerial  worker  in  a  | 
subordinate  station  has  learned  its  duties  by  ex- 
perience, and  approved  his  fidelity  by  his  con- 1 
duct,  it  is  an  injury  <     the  public  scr^•ic'toeJ■( 
change  him  for  a  novice,  whose  only  title  to  t 
place  may  be  a  political  badge  or  a  partisjnl 
service.    It  is  exchanging  experience  for  inexpt-l 
riencc,  tried  ability  for  untried,  and  destrojin?! 
incentive  to  good  conduct  by  destroying  its  n-l 
ward.    To  the  party  displaced  it  is  an  iiijuir,] 
having  become  a  proficient  in  that  business,  ei- 
peeling  to  remain  in  it  during  good  behavior,  aBJl 
finding  it  difficult,  at  an  advanced  ago,  and  mthl 
fixed  habits,  to  begin  a  new  career  in  some  newl 
walk  of  life.     It  converts  elections  into  scmrl 


V,^  fnr  offlco,  and  « 
:?.  odlcc  for  rewari 
■.,.ki  the  [icoplc  of 
rarties — each  in  its  I 
nant,  to  strip  and  pi 
Oiir  government 
cnitcd  people,  as  we 
for  benefits  as  well  t 
If  well  as  in  oompac 
one  half  (each  in  it 
from  all  share  in  the 
I  imment.    Mr.  Jeffe 
snil  reconciled  public 
[  [virty  rights  and  duti 
r(?pon.sible  for  the  w 
ment,  and  has  a  right 
I  it-elf,  to  place  its  frie 
lercnt  branches  of  t 
I  iliat,  and  in  the  subor 
I  p,irty  should  have  its 
I  this  Mr.  Jefferson's  p 
lis  tliere  are  offices  i 
I  [iro'eription,  so  there  i 
1  national  for  it.     This 
I  the  army  and  navy,  ai 
IdKd  in  the  diplomat 
J  he  again.    To  foreign 
I  be  one  people — an  um 
I  pee  as  well  as  in  w 
'iple  reached  this  cas 
I  His  election  was  not  i 
Irccallofall  the  minist 
I  incontinently  by  parti 
Ifiis  Kinn-,  the  most  em 
Iters  abroad,  and  at  tl 
I  Europe,  that  of  St.  Ja 
jfor  two  years  after  th 
llMi;  and  until   he  : 
ItrcEtcd  all  the  while  w 
Janet  intrusted  with  a  i 
jducted  to  its  conclusio 
ivjliey,  eschewing  all 
tei'teJ  the  office  of  " 
ply  republican  polic; 
knt  representation  at 
Foycxtraordinaryand 
illed  out  on  an  emerg 
«)mc  M  soon  as  the 
e  only  minister  known 
len  tiie  mission  was  ii 
loseu  of  both   parties 
pwi.    Tbc  present  pe 


AXNO  1830.     ANDREW  JAriv-^OV.  rUESIIiENT. 


1C3 


K],^  for  oflfli*,  and  doprndes  the  povcmmcnt  Into 
•n  oiTicc  for  rcwanla  and  punishments ;  and  di- 
,  .Ics  the  jicople  of  the  Union  into  two  a<lvcrse 
j^cjpj) — I'ach  in  its  tuni,  and  as  it  tjecomes  dom- 
nant,  to  strip  and  proscribe  the  other. 

Our  government  is  a  Union.  "We  want  a 
united  peopk,  as  well  as  nnited  States — vinitcd 
for  benefits  as  well  as  for  burdens,  and  in  feeling 
ts  well  as  in  compact ;  and  this  cannot  bo  while 
me  half  (each  in  Its  turn)  excludes  the  other 
from  all  share  in  the  administration  of  tho  gov- 
(rnment,  Mr.  Jefferson's  principle  is  perfect, 
j.ml  reconciled  public  and  private  interest  with 
narty  riphts  and  duties.  Tlie  party  in  power  is 
rf^ponsible  for  the  well-working  of  the  govern- 
ment, and  has  a  right,  and  is  bound  by  duty  to 
it^ulf,  to  place  its  friends  at  the  head  of  the  dif- 
iVrcnt  branches  of  tho  public  service.  After 
1  iiiat.  and  in  the  subordinate  places,  tho  opposite 
party  should  have  its  share  of  employment ;  and 
this  Mr,  Jefferson's  principle  gives  to  it.  But 
Iss  there  are  offices  too  subordinate  for  party 
proscription,  so  there  are  others  too  elevated  and 
national  for  it.  This  is  now  acknowledged  in 
the  army  and  navy,  and  formerly  was  acknow- 
I  M^kI  in  the  diplomatic  department ;  and  should 
he  again.  To  foreign  nations  we  should,  at  least, 
I  k  one  people — an  undivided  people,  and  that  in 
Ipceaswell  as  in  war.  Mr.  Jefferson's  prin- 
ciple reached  this  case,  and  ho  acted  upon  it. 
I  His  election  was  not  a  signal  gim,  fired  for  the 
Irccail  of  all  the  ministers  abroad,  to  be  succeeded 
lineontincntly  by  partisans  of  its  own.  Mr.  Ru- 
Ifiis  Kin<r,  the  most  eminent  of  the  federal  minis- 
Ittrs  abroad,  and  at  tho  most  eminent  court  of 
lEiirope,  that  of  St.  James,  remained  at  his  post 
Ifor  two  years  after  the  revolution  of  parties  in 
llfiOO;  and  until  he  requested  his  own  recall, 
Itrettcd  all  the  while  with  respect  and  confidence, 
land  intrusted  with  a  negotiation  which  he  con- 
Iducted  to  its  conclusion.  Our  early  diplomatic 
mHcv,  eschewing  all  foreign  entanglement,  re- 
IjRtel  the  office  of  "minister  resident."  That 
ply  republican  policy  would  have  no  perma- 
pnt  representation  at  foreign  courts.  The  "  en- 
Foycxtnxoidiuaryand  minister  plenipotentiary," 

illed  out  on  an  emergent  occasion,  and  to  return 
tomi  as  soon  as  the  emergency  was  over,  was 

e  oaly  minister  known  to  our  early  history ;  and 

en  the  missiou  was  usually  a  mixed  one,  com- 
loseu  of  both  parties.  And  so  it  should  be 
fcuiu.    The  present  permanent  supply  and  per- 


petual succession  of  "envoys  extraordinary  and 
ministers  pk-niiwtcntiary  "  \*  .1  fraud  ujKin  the 
name,  and  a  briwh  of  the  old  |K)li<y  of  the  gov 
ernmcnt,  and  a  hitching  on  American  diplomacy 
to  the  tail  of  tho  diplomnry  of  Kiirope.  It  is  the 
actual  keeping  up  of '■  ministers  resident"  under 
a  false  name,  and  contrary  to  a  wise  and  venor 
able  policy ;  and  requires  the  reform  hand  of 
tho  House  of  Representatives.  But  this  point 
will  require  a  chapter  of  its  own,  and  its  elucida- 
tion must  be  n  Ijourned  to  another  and  a  separate 
place. 

Mons.  de  Tocqucville  was  right  in  the  princi- 
ple of  his  reproach,  wrong  in  the  extent  of  his 
application,  but  would  have  been  less  wrong  if 
he  had  written  of  events  a  dozen  years  later.  I 
deprecate  the  cflect  of  such  sweeping  removals 
at  each  revolution  of  parties,  and  believe  It  is 
having  a  deplorable  effect  both  upon  the  purity 
of  elections  and  the  distribution  of  office,  and 
taking  both  out  of  the  hands  of  tho  people,  and 
throwing  tho  management  of  ono  and  the  en- 
joyment of  the  other  into  most  unfit  hands.  I 
consider  it  as  working  a  deleterious  change  in 
tho  goveniment,  making  it  what  Mr.  Jefl'ersoii 
feared :  and  being  a  di.sciple  of  his  school,  and 
believing  in  the  soundness  and  nationality  of  the 
rule  which  he  laid  down,  I  deem  it  good  to  re- 
call it  solemnly  to  public  recollection — for  the 
profit,  and  hope,  of  present  and  of  future  times 


CHAPTER     LI. 

IXDIAN  S0VEKE1GNTIK9  WITHIN  THE  STATES 

A  POLITICAL  movement  on  the  part  of  some  01 
the  southern  tribes  of  Indians,  brought  up  a  new 
question  between  the  States  and  those  Indiana, 
which  called  for  the  interposition  of  the  federal 
government.  Though  still  called  Indians,  their 
primitive  and  equal  government  had  lost  its 
form,  and  ha<l  become  an  oligarchy,  governed 
chiefly  by  a  few  white  men,  called  half-bree<ls, 
because  there  was  a  tincture  of  Indian  blood  in 
their  veins.  These,  in  some  instances,  sat  up 
governments  within  the  States,  and  claimed  sov- 
ereignty and  dominion  w  ithin  their  limits.  Tho 
States  resisted  this  claim  and  extended  their  laws 
]  and  jurisdiction  over  them.     The  federal  goveri»» 


ijfy 


164 


THIRTY  YI:ARS'  VIEW. 


ini'iit  was  a|)j)L'iilt'd  to ;  nml  at  tlie  coiiiinencc- 
inont  of  tlie  st-Hsioii  of  IH'U-'-'j*),  in  liiH  first  nn- 
iiiml  nu'ssatrc,  Prt'sidfiit  .Iticltson  broiipht  tlie 
siilyect  before  the  two  Houses  of  Coiigifss, 
tlius : 

'"The  condition  and  nitcrior  destiny  of  tlie 
hidiun  trilK's  witliin  tlie  limits  of  some  of  our 
.States,  Imvo  become  objects  of  much  interest  and 
im])ortaiwc.  Jt  lias  Ion;;  been  the  |Jo]icy  of  jrov- 
ernment  to  introduce  nmonj?  them  the  arts  of 
civilization,  in  the  hojx!  of  frradually  reclaiming 
them  from  a  waiiderinfj  life.  This  jtolicy  has, 
however,  been  coupled  with  another,  wholly  in- 
compatible with  its  success.  Professing  a  de- 
sire to  civilize  and  settle  them,  we  liave,  at  the 
same  time,  lost  no  opportunity  to  purchase  their 
liuuls  and  thrust  them  further  into  the  wilder- 
ness. ]{y  this  means  they  have  not  only  been 
kept  in  a  wandering  state,  Iiut  been  led  to  look 
upon  us  as  unjust,  and  indilfercnt  to  their  fate. 
Thus,  though  lavish  in  its  cxiwnditures  upon  the 
sulycct,  government  ha.s  constantly  defeated  its 
own  policy,  and  the  Indians,  in  general,  reced- 
ing further  and  further  to  the  West,  liave  re- 
tained their  savage  habits.  A  portion,  however 
o\'  the  Kouthem  tribes,  having  mingled  much 
with  the  whites,  and  made  some  progress  in  the 
arts  of  civilized  life,  have  lately  attempted  to 
ciect  an  independent  government  within  the  lim- 
its of  Georgia  and  Alabama.  These  States, 
cliinning  tn  be  the  only  sovereigns  within  their 
territories,  extended  their  laws  over  the  Indians ; 
which  induced  the  latter  to  call  ujwn  the  United 
States  for  protection. 

"  Under  these  circumstances,  the  question  pre- 
sented was,  whether  the  general  government  had 
a  right  to  f'Ustain  those  people  in  their  preten- 
sions? The  constitution  declares,  that  "no 
new  States  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State,"  without  the 
consent  of  its  legislature.  If  the  genei'al  gov- 
ernment is  not  permitted  to  tolerate  the  erection 
of  a  confederate  State  within  the  territory  of 
one  of  the  members  of  this  Union,  against  her 
consent,  much  less  could  it  allow  a  foreign  and 
independent  government  to  establish  itself  there. 
Georgia  became  a  member  of  the  confederacy 
which  eventuated  in  our  federal  union,  as  a  sov- 
ereign State,  always  asserting  her  claim  to  cer- 
t.iin  limits ;  which,  having  been  oi-iginally  de- 
fined in  her  colonial  charter,  and  subsequently 
reeognized  in  the  treaty  of  pence,  she  has  ever 
since  continued  to  enjoy,  except  lis  they  have 
been  circumscribed  by  her  own  voluntary  trans- 
fiT  of  a  portion  of  her  territory  to  the  United 
Stated,  in  the  articles  of  cession  of  1802.  Ala- 
bama was  admitted  into  the  Union  on  the  same 
footing  with  the  original  States,  with  bounda- 
ries which  were  prescribed  by  Congre.ss.  There 
is  no  constitutional,  conventional,  or  legal  pro- 
vision, which  allows  them  less  power  over  the 
Indians  within  their  borders,  than  is  jjossesstd 
bj^  Maine  or  New-York.     Would  the  peoplo  of 


Maine  permit  the  Penobscot  tribe  to  crcrt  xt 
independent  government  within  their  ^u;,.; 
and,  unless  they  did,  would  it  not  U-  the  .li,;, 
of  the  general  government  to  siijjport  tli<m  m 
resisting  such  a  moa.su re 7  Woulil  the  |k'()[,1(.(.| 
New- York  fiermit  each  remnant  of  the  .Six  .N|^ 
tions  within  her  Ijorders,  to  declare  it.>elf  an  n,. 
dependent  jieople,  under  the  protection  of  n,, 
United  States ?  Could  the  Indians  esiahiiln 
.■sepnrato  republic  on  each  of  their  reserviiti.,!,, 
in  Ohio  ?  And  if  they  were  so  disjwsed,  \voii|,| 
it  be  the  duty  of  this  government  to  iprntii; 
them  in  the  attempt?  If  the  principle  invuhi,! 
in  the  obvious  »nswcr  to  these  (|uesti(iii.,  |.! 
abandoned,  it  will  follow  that  the  objects  ol'  t!  i, 
government  are  reversed ;  and  that  it  hius  In- 
come  a  part  of  its  duty  to  aid  in  destioyinj;  i|,,. 
States  which  it  was  established  to  protect, 

"  Actuated  by  this  view    of  the   .subject,  1  i;;. 
formed  the  Indians  inhabiiing  parts  oi'  (icoi;!;, 
and  Alabama,  that  their  attempt  to  estabiivh  m; 
independent  government  would  not  be  eoiuiii.  | 
nanced  by  the  Executive  of  the  United  .Stino 
and  advised  them  to  emigrate  beyond  the  Mis,;,.  I 
sippi,  or  submit  to  the  laws  of  tho.se  States." 

Having  thus  refused  to  t;';  jtain  these  soutinni  i 
tribes  in  their  attempt  to  set  up  indepciideni 
governments  within  the  States  of  Alabama  ai. ; 
Georgia,  and  foreseeing  an  unequal  and  disasne- 1 
able  contest  between  the  Indians  and  the  Statu-. 
the  President  recommended  the  passage  of  an  l 
act  to  enable  him  to  provide  for  their  removal  lo 
the  west  of  the  Mississippi.     It  was  an  old juji. I 
I  cy,  but  party  spirit  now  took  hold  of  it,  an  i  | 
I  strenuously  resisted  the  passage  of  the  act, 
j  was  one  of  the  clo.sest,  and  most  earnestly  con- 1 
I  tested  questions  of  the  session;  and  finally  car- [ 
j  ricd  by  an  inconsiderable  majority.    The  sumoi'  I 
$.500,000  was  api-opriatod  to  defray  the  expen- 
,  ses  of  treating  with  them  for  an  exchange,  or  sale  I 
I  of  territory ;  and  under  this  act,  and  with  tli;  I 
I  ample  means  which  it  placed  at  the  disjiosal  ci  [ 
i  the  President,  the  removals  were  eventually  if 
I  fected ;  but  with  great  difficulty,  chiefly  on  nc 
count  of  a  foreign,  or  outside  influence  frompoM 
!  iticians  and  intrusive  philanthropists.    Giorail 
was  the  State  where  this  question  took  its  nioiij 
I  serious  form.    The  legislature  of  the  State  laiJ 
;  off  the  Cherokee  country  into  counties.  andpR'-l 
j  pared  to  exercise  her  laws   within   them.   Tlisj 
I  Indiau.s,  besides  resisting  through  their  ]>oliticil| 
I  friends  in  Congress,  took  counsel  and  lepalail'| 
I  vice,  with  a  view  to  get  the  question  into  the Saf 
prctno  Court  of  the  United  States.    Jlr.  Wirt,! 
the  late  Attorney  General  of  the  United  Standi 
I  was  retained  in  their  cause*  and  addressed!!  com  [ 


■h:ilf  breed,s."    or 


ANNO  IPSO.     ANPIIKW  JACKSON.  rRESlDF.NT. 


Ifij 


junimtion  to  tho  fSovcrnor  of  tho  Stato,  np- ' 
iriiiini?  '>'ni  of  the  fiiot ;  iitnl  j)ro|M>siiii  that  i\n 
■■airrwl  case"  fihoiild  Ik-  niiide  up  fur  the  dcois- 
„,[,  of  thu  court,  (lov.  (lilnicr  'Iccliiiwl  this, 
ppiiiosjil.  un'i  in  his  anHwcr  pavo  as  the  reason 
«iiv  the  State  had  taken  the  derith'd  step  of  ex- 
toniiinfr  herjurisdiction,  that  the  Cherokee  trine 
1,1(1 1)000010  merged  in  its  maiiapinient  in  tho  ; 
•half  hrceds."  or  descendants  of  white  men,  ' 
niio  pos«e8se<l  wealth  and  intelliponcc,  and  act- ' 
iii:.'unilor  political  and  fanatical  instipationsfroni 
wiiiioiit,  were  disposed  to  jwriH^tuate  their  resi- ! 
(1  nee  within  tho  State, — (the  part  of  them  still  \ 
rcinaininp  and  refusing  to  join  their  half  tribe 
Uvond  the  Mississippi).  The  povcmor  said : 
-Soloni^  as  the  Chcrokees  retained  their  primi- 
tive habits,  no  disposition  was  shown  by  the 
St.ites  under  tlio  protection  of  whose  povern- 
mcnt  they  resided,  to  make  them  subject  to  their 
laws.  Such  policy  would  have  been  cruel ;  bc- 
Mii>c  it  would  have  interfered  with  their  habits 
■  nf  life,  the  enjoyments  peculiar  to  Indian  people, 
and  the  kind  of  government  which  accorded 
with  those  habits  and  enjoyments.  It  was  the 
power  of  tho  whites,  und  of  their  children 
»mnng  the  Chcrokees,  that  destroyed  the  ancient 
laws,  customs  and  authority  of  the  tribe,  and 
suhjccted  tho  nation  to  the  rule  of  that  most  op- 
pressive of  governments — an  oligarchy.  There 
is  nothing  surprising  in  this  result.  From  the 
oliaracter  of  the  people,  and  the  causes  operating 
upon  them,  it  could  not  h.avo  been  otherwise.  It 
was  this  state  of  things  that  rendered  it  obliga- 
tory upon  Georgia  to  vindicate  the  rights  of  her 
I  sovereignty  by  abolishing  all  Cherokee  govern- 
ment within  its  limits.  Whether  of  the  intelli- 
I  gent,  or  ignorant  class,  tho  State  of  Georgia  has 
passed  no  laws  violative  of  the  liberty,  personal 
security,  or  private  property  of  any  Indian.  It 
lias  been  the  object  of  humanitj',  and  wisdom, 
I  to  separate  the  two  classes  (the  ignorant,  and  the  i 
informed  Indians)  among  them,  giving  the  rights 
I  of  citizenship  to  those  who  are  capable  of  pcr- 
[  forming  its  duties  and  properly  estimating  its 
I  privileges ;  and  increasing  the  enjoyment  and  the 
I  probability  of  future  improvement  to  the  ignor- 
[»nt  and  idle,  by  removing  them  to  a  situation 
I  where  the  inducements  to  action  will  be  more  in 
I  accordance  with  tho  character  of  the  Cherokee 
I  people." 

With  respect  to  tho  foreign  interference  with 
Itliis  question,  by  politicians  of  other  States  and 


pseudo  philanthropists,  tho  only  pfloct  nf  which 
was  to  bring  u|Minsul>;dti'rii  np-ntNth<<pMnixhmi>nt 
which  the  laws  iiillictril  u|)on  its  vIolMii.r^    liio 
governor  said  ;     "  It  is  well  known  that  the  tx- 
tcnt  of  the  jiirisdi(!lion  of  tieorgia,  ami  the  pol- 
icy nf  removing  the  Cherokies  and  other  Indiuis 
to  tin-  west  of  thv'  Mrssissip[ii.  have  be<'onii'  party 
questions.     It  is  belnvod  that  tho  Cherokcis  in 
(ioorgia.  hod  detennined  to  iniite  with  that  jwir- 
tion  of  the  trilK;  who  had  removed  to  the  west  of 
the   .Mississippi,  if  tho  policy  of  tho   President 
was  sustained  by  Congress.     To  prevent  this  re- 
sult, as  soon  as  it  l>ecaino  highly  probable  that 
tho  Indian  bill  woidd  pass,  the  Chcrokees  wire 
j)ersiia<U'd  that  the  right  of  self-governmeiit  could 
bo  secured  to  them  by  the  power  of  the  Supremo 
Court  of  the  United  States,  in  dellance  of  the  leg- 
islation of  tho  general  and  Stato  governments. 
It  was  not  known,  however,  until  the  receipt  of 
your  letter,  that  the  spirit  of  resistance  to  the 
laws  of  the  State,  and  views  of  the  United  States, 
which  has  of  lato  been  evident  among  the  Indi- 
ans, had  in  any  manner  iKwn  occasioned  by  yotir 
advice."     Mr.  Wirt  had  been  professionally  em- 
ployed by  tho  Cherokces  to  bring  their  case  be- 
fore the  Supreme  Court ;  but  as  he  classed  polit- 
ically with  the  party,  which  took  sides  with  the 
Indians  against  Georgia,  the  governor  was  tho 
less  ceremonious,  or  reserved  in  his  reply  to  him. 
Judge  Clayton,  in  whose  circuit  tho  Indinn 
counties  fell,  at  his  first  charge  to  the  grand  jui  y 
assured  tho  Indians  of  protection,  warned  the  in- 
termeddlers  of  the  mischief  they  were  •wosc  do- 
ing, and  of  the  inutility  of  applying  to  the  Su- 
preme Court.     He  said:    "My  other  purpose  is 
to  apprise  the  Indians  that  they  are  not  to  be  oppres- 
sed, as  has  been  .sagely  foretold :  that  the  sani) 
justice  which  will  be  meted  to  the  citizen  shall  be 
meted  to  them."    With  respect  to  intermeddlers 
ho  said  :  "  Meetings  have  been  held  in  all  direc- 
tions,  to  express  opinions  on   tho  conduct  of 
Georgia,  and  Georgia  alone — when  her  adjoining 
sister  States  had  lately  done  precisely  the  same 
thing;    and  which  she  and  they  had  done,  in 
the  rightful  exercise  of  their  Stato  sovereignty." 
The  judge  even  showed  that  one  of  these  intru- 
.sive  philanthropists  had  endeavored  to  interest 
European  sympathy,  in  behalf  of  the  Cherokees; 
and  quoted  from  the  address  of  the  reverend  Mr. 
Milner,  of  New- York,  to  the  Foreign  Missionary 
Society  in  London  :    "That  if  the  cause  of  tho 
negroes  in  tho  West  Indias  was  interebting  to 


I    .1 


'' -C 


>t 


ft 

-'  •? 

'  V  -■ 

166 


TIWUTV  Yr.Mia-  VIEW. 


that  uiiditnry — and  dci'iily  inlvruMtiti;;  it  oiiplit 
to  be— if  the  iioimlation  in  Ireland,  proaninp  lio- 
m-ath  tho  dcKrndation  of  siiiMT^itition — cxcitri' 
tliL'ir  HynipathivH.  he  trii:  ted  the  loiimns  of  Norlli 
Anicrica  would  also  ho  ('onKiilere<l  im  tlic  uhjirts 
of  their  C'hri.stiiin  rc-jiird.     lie  wo-s  grieved,  how- 
ever, to  stale  that  thciu  were   those  iu  Aniericii. 
who  tuiUid  towards  them  in  aditlerent  spirit ;  und 
he  lanteiiled  to  my  that,  nt  this  very  moment,  the 
Stiito  of  {»e()rj;in  wiw  serkin;?  to  Kuhjiigatu  und 
destroy  tho  liberties  both  of  the  Creeks  and  tho 
ClicrokceH;    the  former  of  whom  |)o.sses>ied  in 
(ieorgia,  ten  millions  of  acres  of  land,  and  the 
latter  three  millions."    In  this  manner  EurojHjan 
Nympatliies  were  .soujiht  to  lio  brouglit  to  Ijear 
npon  tlio  question  of  removal  of  the  Indinns — a 
Iioliti<;al  and  domestic  (lucstion,  long  since  resolv- 
ed upon  by  wise  and  humano  American  states- 
men— and  for  tho  benefit  of  tlie  Indians  them- 
«elve.s,  as  well  as  of  tho  States  in  wliich  they 
wero.     If  all  that  the  reverend  missionary  utter- 
cii  had  been  true,  it  would  still  have  been  a  very 
improjicr  invocation  of  European  sympathies  in 
an  .Vmerican  domr.itic  (juestion,  and  against  a  set- 
tled govermnental  policy:  but  it  was  not  true. 
The  Creeks,  with  tlieir  imputed  ten  millions  of 
acres,  owned  not  one  acre  in  tho  State ;  n.al  lnui 
not  in  tivo  years — not  since  tho  treaty  r!  ci-ssi-ri 
in   1825:  which  shows  the  recklos',:.  ss  wnlt 
which  tho  reverend  suppliant  'or  for  •;»  syrnj>a- 
tliy,  spoke  of  the  people  and  States  of  liis  o,vn 
country.    Tho  few  Cherokees  who  were  there, 
instead  of  subjugation  and  destruction  of  their 
liberties,  wore  to  bo  paid  a  high  price  for  their 
Ian  1,  if  they  chose  to  join  their  tribe  beyond  the 
Mississippi ;  and  if  not,  they  were  to  be  protect- 
ed like  the  white  inhabitants  of  tho  counties  they 
lived  in.     AVith  respect  to  the  Supreme  Court, 
the  judge  declared  that  he  should  pa}'  no  atten- 
tion to  its  mandate — holding  no  writ  of  error  to 
lio  from  the  Supreme  Court  of  the  United  States 
to  his  State  Court — but  would  execute  the  sen- 
tence of  the  law.  whatever  it  might  be,  in  defiance 
of  the  Supremo  Court ;  and  such  was  tlie  fact. 
Instigated  by  foreign  interference,  and  relying 
upon  its  protection,  gno  George  Tassels,  of  In- 
dian descent,  committed  a  homicide  in  resisting 
the  laws  of  Georgia — was  tried  for  murder  -con- 
victed— condemned — and  sentenced  to  be  hanged 
un  a  given  day.  A  writ  of  error,  to  bring  the  case 
before  itself,  was  obtained  from  the  Supreme  Court 


of  tho  l'nite«ISlute.s;  »n<l  it  »»m  projioKii  i,vt|, 
rounsel,  .Mr.  Wirt,  to  fry  tho  wiiole  quexlion  ol 
the  rijrht  cf  (ieortii.'i.  tn  exercise  juri.Miirtionov(r 
i|>o  Indians  oihI    Indian  cuinitry  Hillun  hrr  <'><j. 
its,  by  thu  trial  of  tliiH  writ  of  error  at  Vmj,. 
ington  ;  and  for  that  purpose,  and  to  i-avc  ■,,.„.. 
I  dious  fiirni  -  nf  judicial  priM'eediii):\s,  lie  re(]ii(.>t,j 
tho  governor  to  eoiisent  to  make  up  an  "iiu-iii  j 
case"  for  Iho  consideration  and  deciNJon  oi  11,^ 
high  court.     This  iiro|K>siti<>n  (iovernor  (iilnur 
declined,  in  firm  but  civil  terms,  Kayin;;;:  "Yunr 
supgcstion  that  it  would  bo  convenient  ami  sin. 
isfuctory  if  your-df,  the   Indians,  ond  thu  pn. 
ernor  would  make  up  a  law  case  to  be  siilni.i;. 
ted  to  the  Supremo  Court  for  the  deterniiiiiitidii 
of  tho  question,  whether  the  legislature  of  (Jt.r. 
gia  has  competent  authority  to  pass  laws  fortl.c 
government  of  the  Indians  residing  within  is 
limits,  however  courteous  the  manner,  and  conci,  ,• 
tory  tho  pKia.seology,  cannot  but  bo  considerwia* 
exceedingly  disres|K>ctfnl  to  the  government  of  ij . 
State.     Is'oone  knows  better  than  yourself,  tl.at 
tho  governor  would  grossly  violate  hi.s  duty,  an'l 
exceed  his  authority,  by  complying  with  mkIi  h 
suggestion ;  and  that  both  the  letter  and  tin-  -jai; 
of  tho  powers  confenx'd  by  the  constitution  ii[xiii 
the  Supreme  Court  forbid  its  ac^judging  siidi » 
case.    It  is  hoped  that  the  cflorts  of  the  pvm-n, 
government  tu  i;xecute  its  contract  with  Georgia 
(the  compact  of  1S02),  to  secure  thccontiniiain 
and  advance  tho  happiness  of  the  Indian  tril  t-, 
and  to  give  quiet  to  tho  country,  may  be  .^    ;• 
fectually  successful  as  to  prevent  the  neces.sity  of 
any  further  intercourse uix)n  the  subjei'."    Ami 
there  was  no  further  intercourse.    The  day  lor  j 
tho  execution  of  Tassels  came  round:  hu  was 
hanged :  and  the  writ  of  the  Supreme  Court  \va< 
no  more  heard  of.     Tho  remaining  Cherokees  .if- 
terwards  niado  their  treaty,  and  removed  to  the 
west  of  the  Mississippi ;  and  that  was  the  ciulcf 
tho  political,  and  intrusive  philanthropical  iiittr- 1 
ference  in  tho  domestic  policy  of  Georgia.    Ow 
Indian  hanged,  some  mi.ssionaries  imprisoned,  iIk  | 
writ  of  the  Supreme  Court  disregarded,  the  In- 
dians removed:  and  the  political  and  psemli- 
philanthropic  intermeddlers  left  to  the  reflect  r, 
of  having  done  much  mischief  in  assuming  to  I 
become  the  defenders  and  guardiims  of  a  race 
which  the  humanity  of  our  laws  and  people  wiri 
treating  with  parental  kindness 


VKFO  ON  TlIK  M.i 


hViTir  tho  quarrels  of  p 
Ino  concern,  except  as  thej 
-lift,  and  influence  public 
liiia  as  the  causo  of  such 


ANNO  1831      AXDUKW  JACK«M)N,  nu>II»i:.NT. 


1C7 


OIIATTEK     LI  I. 

VKTi)  ON  TIIK  MAVSVILLK  KOAt)  UILL 

liiii  wiin  the  ihiril  veto  on  the  Miliject  of  fLMkral 
iiumal  iiii|irovonienls  within  the  States,  and  by 
jiri'c  ilill'iTi-nt  Trcsiilents.  Tlieflr>  van  by  Mr. 
;|;iili>oii,  on  the  bill  "  to  set  ajiart,  and  jiledjiie 
,-riain  tuiiils  for  constructiiij;  'mils  and  canal.^, 
iiA  iiniirovinR  the  navigation  of  watercourses, 
nonkr  to  facilituli',  iiromotc,  ami  give  security 
to intiTiial  commerce  amtngthe  several  S latcH : 
liid  to  render  more  easy  and  less  expensive  the 
mvaiH  and  provisions  of  the  common  'ifence " — 
a  viry  lonp  title,  and  even  argumentative — as  if 
ifraid  of  thi.  President's  veto — which  it  received 
111  a  mes^ngo  with  the  reasons  for  disapproving 
it.  The  second  was  that  of  Mr.  Monroe  on  the 
nimt)crland  Iload  bill,  whioh,  with  an  abstract 
„i'  liis  reasons  and  arguments,  has  already  been 
given  in  this  View.  This  third  veto  on  the  same 
I  suljoct.  and  from  President  Jackson,  and  at  a 
lime  when  internal  improvement  by  the  federal 
j  jovcmment  had  become  a  point  of  party  division, 
Linda  part  if  the  American  system,  and  when 
I  concerted  action  on  the  puVlic  mind  had  created 
f/r  it  a  degree  of  popularity :  this  third  veto  un- 
der such  circumstances  was  a  killing  blow  to  the 
-ystom — which  has  shown  but  little,  and  only 
wasional  vitality  since.  Taken  together,  the 
three  vetoes,  and  the  three  messages  sustaining 
them,  and  tlv  action  of  Congress  upon  them  (for 
I  is  ■  •  instance  did  the  House  in  which  they  origi- 
I  catal  pass  the  bills,  or  either  of  them,  in  opposi- 
tion to  the  vetoes),  may  bo  considered  as  embra- 
|ciig  all  the  constitutional  reasoning  upon  the 
estion ;  and  enough  to  be  studied  by  any  one 
I  wiio  wishes  to  make  himself  master  of  the  sub- 
ject. 


CHAPTER    LIII. 

iBCrTaiiE  BETWEEN  PRESIDENT  JACKSON,  AND 
VICE-PKESIDENT  CALHOUN. 

I  With  the  quarrels  of  public  men  history  has 
jno  concern,  except  as  they  enter  into  public  con- 
Iduet,  and  influence  public  events.  In  such  case, 
linJ  as  the  cause  of  such  events,  thcs(>  quarrels 


))elonf(  to  hiftnry,  whi<-li  would  l>«  an  eni|ity  UU*, 
devoid  of  inten'xt  or  inKtructiiin,  without  iiie  t]v 
velopmi'nt  of  the  ran»e>»,  and  cm  iiirni'«s  nf 
the  acts  which  it  iinrrafiH.  I>ivi»n>n  aninii^^ 
chiefs  has  always  ln-^-u  n  cause  of  uii  ^-liicf  to  tliiir 
country;  and  when  so,  it  is  the  duty  of  history 
tu  ithow  it.  That  mischief  points  the  moral  of 
much  history,  and  has  been  made  the  subject  of 
the  greatest  of  jjoenis  : 

"  \r|i||Ii>V  wralli,  t"  (irc<(K  llio  illr.fiil  uprlng 
of  wixn  unnmnlnrdl " 

.About   the  bcgiiiiung  of  '  the  yea* 

1H31,  a  pamphlet  ap|>eai id  ''ity. 

issued  by  Mr.  Calhoun,  an  !id<'  u  the 
people  .  f  the  I'nited  States,  t  :•   -,•  cause 

of  a  dilference  which  had  taken  place  l>ctween 
himself  and  (ieneral  Jackson,  instigated  as  the 
pamphlet  alleged  by  Mr.  Van  liuren,  and  in- 
tended to  make  mischief  between  the  first  and  sec- 
ond ofllcers  of  the  government,  and  to  etliet  the 
political  destruction  of  him.self  (Mr.  (.'alhoun)  for 
the  benefit  of  the  contriver  of  the  quarrel — the 
then  Secretary  •  f  State ;  and  indicated  as  a  candi- 
date for  the  presidential  succession  upon  the  termi- 
nation of  General  Jackson's  service.  It  was  tlio 
same  pamphlet  of  which  Mr.  Duncanson.  as  here- 
tofore related,  had  received  previous  notice  from 
Ml  IJufl' Green,  as  being  in  print  in  his  ofljco, 
but  the  publication  delayed  for  the  matiiiiiig  of 
the  measures  which  were  to  attend  its  ippcar- 
anee  ;  namely:  the  change  in  the  cours  of  the 
Telegraph;  its  attacks  upon  General  Jackson 
and  Mr.  Van  Biiren ;  the  defence  of  Mr.  Calhoun ; 
and  the  chorus  of  the  nfliliated  presses,  to  be  en- 
gaged "in  getting  up  the  storm  which  even  the 
popularity  of  Genuiil  Jackson  could  not  stand." 

The  pamphlet  was  entitled,  '•  Correspondence 
between  General  Andrew  Jackson  and  John  C. 
Calhoun,  President  and  Vice-President  of  the 
United  States,  on  the  subject  of  the  course  of  the 
latter  in  the  deliberations  of  the  cabinet  of  Jlr. 
Monroe  on  the  occurrences  of  the  Seminole  war ;" 
and  its  contents  consisted  of  a  prefatory  address, 
and  a  number  of  letters,  chiefly  from  !Mr.  Calhoun 
himself,  and  his  friends — the  General's  share  of 
the  correspondence  being  a  few  brief  notes  lo 
ascertain  if  Mr.  Crawford's  statement  was  true  ■> 
and,  being  informed  that,  substantially,  it  was, 
to  decline  any  further  correspondence  with  Mr. 
Calhoun,  and  to  promise  a  full  public  reply  when 
he  had  the  leisure  fur  the  purpose  and  access  to 


!fc. 


'i 


r    ■•   i' 

J'    -i 

!■ 


fr 


1^ 


';■; 


I 


f  ■ 


1^. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


4^0 


^ 


^^ 


1.0 


I.I 


I^|2j8     |2.5 

■JO   "^™     HflH 

■^  Bi2    12.2 
w 

Ki 


14.0 


I"  2.0 

Mi 


|L25,U    ,,.6 

< 

6"     

► 

H 


&■ 


Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREIT 

WEBSTER,  N.Y.  14S80 

(716)S72-4S03 


iG8 


TIIIIITY  YEARS'  VIEW. 


Iho  prixifs.  His  words  were :  '•  In  your  and  Mr. 
Crawford's  dispute  1  have  no  interest  wlmtever; 
but  it  uia}'  liecome  necessary  for  nie  hereafter, 
wlicn  I  shall  have  more  leisure,  and  the  docu- 
ments at  hand,  to  place  the  suhject  in  its  proper 
lijrlit — 1«>  notice  the  historical  facts  and  refer- 
ences in  your  communication — wliidi  will  give 

u  very  different   view  to  the   subject 

Understandinj;  j-ou  now,  no  further  communi- 
tation  with  you  on  this  subject  is  necessary." 
And  none  further  appears  from  Gen- 
eral Jackson. 

But  the  general  did  what  ho  had  intimated  lie 
would— drew  up  a  sustained  reply,  showing  the 
suljject  in  a  difl'crent  light  from  that  in  which 
Mr.  Calhoun's  letters  had  presented  it ;  and 
((noting  vouchers  for  all  that  lie  said.  The  ca.se, 
!is  made  out  in  the  published  pamplilet,  stood 
before  the  public  as  tliat  of  on  intrigue  on  the 
jiart  of  Mr.  Van  Buren  to  supplant  a  rival^f 
which  the  President  was  the  dupe — Mr.  Calhoun 
tlie  victim — and  the  country  the  sufferer :  and 
the  modur  operandi  of  the  intrigue  wa.s,  to  dig 
up  the  buried  proceedings  in  Mr.  Monroe's  cabi- 
net, in  relation  to  a  proposed  court  of  inquiry  on 
the  general  (at  the  instance  of  Mr.  Callioun), 
for  his  alleged,  unauthorized,  and  illegal  opera- 
tions in  Florida  during  the  Seminole  war.  It 
was  this  case  which  the  general  felt  himself 
Iwund  to  confront — and  did ;  and  in  confronting 
which  he  showed  that  Mr.  Calhoun  himself  was 
the  sole  cause  of  breaking  their  friendship ;  and, 
consequentlj',  the  solo  cause  of  all  the  consc- 
(juenccs  which  resulted  from  that  breach.  Up 
to  that  time — up  to  the  date  of  the  discovery  of 
Mr.  Calhoun's  now  admitted  part  in  the  proposed 
measure  of  the  court  of  inquiry — that  gentleman 
liad  been  the  general's  beau  it/ea/ of  a  states- 
man and  a  man — "  the  noblest  work  of  God,"  as 
he  publicly  expressed  it  in  a  toast:  against 
whom  he  would  believe  nothing,  to  whose  friends 
he  gave  an  equal  voice  in  the  cabinet,  whom  he 
nonsuited  as  if  a  member  of  his  administration ; 
!>ud  whom  he  actually  preferred  for  his  successor. 
Tliis  reply  to  the  pamplilet,  entitled  "  An  e.vpo- 
ni  I  ion  of  Mr,  Calhoun's  course  towards  Gene- 
ral Jackson,''^  though  written  above  twenty 
years  ago,  and  intended  for  publication,  has 
never  before  been  given  to  the  public.  Its  pub- 
lication becomes  essential  now.  It  belongs  to  a 
dissension  between  chiefs  which  has  disturbed 
the  haruiony,  and  loosened  the  foundations  of  the 


Union  ;  and  of  which  the  view,  on  one  aiik;  wm 
published  in  pamphlet  at  the  time,  rcgistcrwl  in 
the  weeklies  and  annuals,  printed  in  many  \«. 
pers,  carried  into  the  Congress  debates.  C'l*. 
cially  on  the  nomination  of  Mr.  Van  Huren ;  ar..i 
so  made  a  part  of  the  public  history  of  the  imut 
— to  be  used  as  historical  material  in  after  tinit. 
The  introtluctory  jtaragraph  to  the  "  Exposiiion' 
shows  that  it  xhblh  intended  for  immediate  puWi- 
cation,  but  with  a  feeling  of  repugnance  to  tli. 
exhibition  of  the  chief  magistrate  as  a  ne«s[«|. 
per  writer :  which  feeling  in  the  end  prwlomi- 
nated,  and  delayed  the  publication  until  tlic  i.\. 
piration  of  his  offico — and  afterwards,  until  hi,« 
death.    But  it  was  preserved  to  fulfil  its  orip-  j 
nnl  purpo.sc,  and  went  in  its  manuscript  form  to 
Mr.  Francis  P.  Blair,  the  literary  legatee  of  Gen-  j 
cral  Jackson ;  and  by  him  was  turned  over  td 
me  (with  trunks  full  of  other  papers)  to  be  u.«c<l 
in  this  Thirty  Years'  View.    It  had  been  prevj. 
ously  in  the  hands  of  Mr.  Amos  Kendall,  as  nia- 
tcrial  for  a  life  of  Jackson,  which  he  had  bcgtm 
to  write,  and  was  by  him  made  known  to  Jlr. 
Calhoun,  who  declined  ^-furnishing  any  Jw 
ther  information  on  the  subject."  *    It  is  in  the 
fair  round-hand  writing  of  a  clerk,  slightly  in- 
terlined In  the  general's   hand,  the   narrative 
sometimes  in  the  first   and  sometimes  in  tbc 
third  person;  vouchers  referred  to  and  sliown 
for  every  allegation;  and  signed  by  the  gen- 
eral in  his  own  well-known  hand.     Its  mat- 
ter consists  of  three  parts :  1.  The  justification 
of  himself,  under  the  law  of  nations  and  tlie 
treaty  with  Spain  of  1795,  for  taking  military 
possession  of  Florida  in  1818.    2.  The  samejus- 
tification,  under  the  orders  of  Mr.  Monroe  and 
his  Secretary  at  War  (Mr.  Calhoun).    3.  The 

*  Mr.  KcndallV  letter  to  the  aotlior  is  In  tlie.ie  word;: 
"December  29, 1853.— In  reply  to  your  note  Just  reci'lveil, 
I  have  to  etate  tlmt,  wisliing  to  do  exact  Justice  to  all  nun  in 
my  Life  of  Oeoeral  Jackson,  I  addressed  a  note  to  Mr.  Cal- 
lioun stating  to  liim  In  substance,  that  I  was  in  poesewlon  of 
the  evidences  on  wliich  the  generM  based  his  imputation  of 
duplicity  touching  his  course  in  Mr.  Monroe's  cabinet  upoa 
the  Florida  war  question,  and  inquiring  whether  it  vu  bii 
desire  to  famish  any  further  infuraiatlon  on  tho  subject,  or  rot 
uporttlmt  which  was  alreaily  before  tlie  public  (In  Ills  public* 
lion).  A  few  days  afterwards,  the  Hon.  Dixon  II.  Lewis  loM 
me  that  Mr.  Culhoun  had  received  my  lettei,  .'nd  had  requenel 
him  to  ask  me  what  was  tho  nature  of  theevlduncetsioont 
QcDoral  Jackson's  pupers  to  which  I  alluded.  I  stated  tlinn  U 
him,  as  embodied  in  General  Jackson's  'Exposition,'  to  wblch 
you  refer.  Mr.  Lewis  afterwards  Infonncd  nie  that  Mr.  Calbom 
had  concluded  to  let  the  matter  rest  as  it  win  Tliit  is  tU  tlK 
ooBwcr  I  ever  received  ttom  Mr.  Calbooa. ' 


ftjtcracnt  of  Mr. 
h  ra  (the  general) 
;j)oIc  war,  and  in  t 
snd  in  the  two  II 
r\vo  rise.    All  th 
.Iiokson,  or  a  histo 
,.:ily  tlie  two  latter 
View.    To  these 
lion  of  the  Espo.sit 
references  to  the 
which  h-Mn^  been 
:rc  foimd  in  ever 
;oxt;  and  also  omil 
plaint  against  Mr. 
•vpresentations   in 
clalm.s. 


•  It  will  be  recoil 
cm  with  Mr.  Calhc 
I  eng^dj  when  tl 
hand,  to  give  a  8tat< 
conduct  in  the  Semi 
present  it  in  a  very 
in  which  that  gentle 

"  Although  the  tii 
Hibject,  engrossed  w 
my  public  duties,  is 
jistice,  yet  from  th< 
lioim,  from  tho  free 
i:iy  conduct  on  that 
iionsion  of  my  moti' 
rtrrespondencc,  fron 
mis  friends  in  differe 
111  compliance  with  i 
1(1  my  fellow-citizen 
I  \ntli  the  documents  ( 

*  I  am  aware  that 
I  who  deem  it  unfit  tt 

this  nation  should,  u 

pear  before  the  publ 

rate  iiis  conduct.    T 

.^■sult  from  too  gret 

.'iipposed  analogy  be 

I  of  tlic  first  magisti 

uiiom  it  is  said  tho^ 

I  may  bo  well  founded 

I  fiTi'nt  opinions  on  tb 

I  that  tlio  course  I  no! 

j  j'jdjnncnt  of  my  fel 

Ii-onformity  with  pasi 

I  tho  spirit  of  our  po[ 

li|iiire.s  that  tho  cond 

(nun,  how  elevated  i 

jAould  bo  fairly  and 

'ii<:iion  and  decision 

|i  eviction  I  have  act 

I  lilt  wishing  this  or  a 

iife  to  be  concealed. 

Jliict  in  connection  m 

Irespondence  in  this 


ANNO  18S1.    ANDREW  JACKSON,  PRESIDENT. 


1G9 


♦titeraont  of  Mr.  Callioiin'd  conduct  towanls 
hra  (the  general)  in  all  that  affair  of  the  Scm- 
^\e  war,  and  in  the  movements  in  the  cabinet, 
•nd  in  the  two  Houses  of  Conpress,  to  whicli  it 
^xo  rise.  All  these  parts  belong  to  a  life  of 
Jickson,  or  a  history  of  tlie  Seminole  war;  but 
onlv  the  two  latter  come  within  the  scope  of  this 
View.  To  these  two  parts,  then,  this  publica- 
lion  of  the  Exposition  is  confined — omitting  the 
^<fl■ronces  to  the  vouchers  in  the  appendix — 
wliich  iia\"ing  been  examined  (the  essential  ones) 
•re  found  in  every  particular  to  sustain  the 
;i'Xt ;  and  also  omitting  a  separate  head  of  com- 
plaint a{;ainst  Mr.  Calhoun  on  account  of  his 
representations  in  relation  to  South  Carolina 
claims. 

"  EXPOSITION. 

•  It  will  be  recollected  that  in  my  correspond- 
iiicc  with  Mr.  Calhoun  which  he  has  published, 
I  engag'.d,  when  the  documents  should  bo  at 
hand,  to  give  a  statement  of  facts  respecting  my 
conduct  in  the  Seminole  campaign,  which  would 
present  it  in  a  very  different  light  from  the  one 
in  vrhich  that  gentleman  has  placed  it. 

•  Although  the  time  I  am  able  to  devote  to  the 
subject,  engrossed  as  I  am  in  the  discharge  of 
my  public  duties,  is  entirely  inadeqiiate  to  do  it 
jistice,  yet  from  the  course  pursued  by  Mr.  Cal- 

I  iioun,  from  the  frequent  misrepresentations  of 
liiy  conduct  on  that  occasion,  from  the  misappre- 
I  honsion  of  my  motives  for  entering  upon  that 
I  o)rrespondence,  from  the  solicitations  of  numer- 
ous friends  in  different  parts  of  the  country,  and 
I  III  compliance  with  that  engi^ement,  I  present 
In  my  fellow-citizens  the   following  statement, 
I  inth  the  documents  on  which  it  rests. 

'■  I  am  aware  that  there  are  some  among  us 
I  who  deem  it  unfit  that  the  chief  magistrate  of 
this  nation  should,  under  any  circumstances,  ap- 
pear before  the  public  in  this  manner,  to  vindi- 
cate his  conduct.    These  opinions  or  feelings  may 
.^sult  from  too  great  fastidiousness,  or  from  a 
supposed  analogy  between  his  station  and  that 
luf  the  first  magistrate  of  other  countrie.s,  of 
I  vliom  it  is  said  they  can  do  no  wrong,  or  they 
I  may  be  well  founded.    I,  however,  entertain  dif- 
Ifervnt  opinions  on  this  subject.    It  seems  to  mo 
I  that  the  course  I  now  take  of  appealing  to  the 
]  j jd;nncnt  of  ray  fellow-citizens,  if  not  in  exact 
I  conformity  with  past  usage,  at  least  springs  from 
I  tho  spirit  of  our  popular  institutions,  wliich  re- 
jliiins  that  the  conduct  and  character  of  every 
(fiian.  how  elevated  soever  may  be  his  station 
l>hould  be  fairly  and  frealy  submitted  to  the  dis- 
I'lKsion  and  decision  of  the  people.    Under  this 
eviction  I  have  acted  heretofore,  and  now  act, 
lint  wishing  this  or  any  other  part  of  my  public 
jiife  to  be  concealed.    I  present  my  whole  con- 
J'iiict  in  connection  with  the  subject  of  that  cor- 
jrespondence  in  this  form,  to  the  indulgent  but 


firm  and  cnlightene<l  consideration  of  my  follow 
citizens. 

[Here  follows  a  justilicatiim  of  Gen.  JacksonVt 
coniluct  under  the  law  of  nations,  and  under  the 
orders  to  (ien.  (Jaines,  his  preikoi.'s.^or  in  lh« 
command.] 

I      "  Such  was  the  gradation  of  orders  issued  Vy 
'  the  government.     At  first  they  instructed  thtir 
!  general  ^  not  to pajta  the  line.'     He  is  next   in- 
I  structe<I  to  ^e.rercinc  a  sound  iliHcrttinn   «.f  tn 
'  the  necessity  of  crosnin:^  the  Hue.''     lie  is  then 
i  directed  to  cnnsiihr  himnelf '  at  Ubertij  tn  viuirh 
!  acrosn  the  Florida  line,'  but  to  halt,  and   re- 
!  port    to  the  department  in  case  tlie   Indians 
['' should  shelter  themsehes  under  a   Sjuminh 
fort.''    Finally,  after  being  informed  of  tlieotro- 
cions  massacre  of  the  men,  women  and  children 
constittiting  the  party  of  Lieutenant  Scott,  they 
order  a  new  general  into  tho  field,  and  direct 
\\\m  io '^  adopt  the  necessary  vieusures  to  put 
an  end  to  the  conflict,  without  regard  to  territo- 
rial ^^ titles,'^  or   ^'Spanish  forts."'    Mr.  Cal- 
houn's own  understanding  of  the  order  issued 
by  him,  is  forcibly  and  clearly  explained  in  a,  let- 
ter written  by  him  in  reply  to   the  inquiries  of 
Governor  Bibb,  of  Alabama,  dated  the   1.3th  of 
May,  1818,  in  which  he  says : —  '  UencralJack- 
son  IS  vested  with  fidl  power  to  conduct  the 
war  as  he  may  think  best.' 

"  These  onlers  were  received  by  General  Jack- 
son at  Nashville,  on  the  night  of  the  12th  Janu- 
ary, 1818,  and  he  instantly  took  measures  to 
carry  them  into  effect. 

"  In  the  mean  time,  however,  ho  had  received 
copies  of  the  orders  to  General  Gaines,  to  take 
possession  of  Amelia  Island,  and  to  enter  Flori- 
da, but  halt  and  report  to  the  department,  in 
case  the  Indians  sheltered  themselves  tmder  a 
Spanish  fort.  Approving  the  policy  of  tho  for- 
mer, and  perceiving  in  the  latter,  dangers  to  tho 
army,  and  injury  to  the  country,  on  the  Gth  of 
J.anuary  he  addressed  aconfidintirtl  letter  to  tho 
President,  frankly  disclosing  hl^'.  fiews  on  both 
subjects.    The  following  is  e  copy  of  that  let- 


ter, viz, : 


'Nasiivili-e,  eth  Jan.,  1818. 


"  Sir  : — A  few  days  since,  I  receive<l  a  letter 
from  the  Secretary  tf  War,  of  the  17th  ult., 
with  inclosures.  Your  order  of  the  19th  ult. 
through  him  to  Brevet  Major  General  Gaines  to 
enter  the  territory  of  Spain,  and  chastise  the 
ruthless  savages  who  have  been  depredating  on 
the  property  and  lives  of  our  citizens,  will  meet 
not  only  the  approbation  of  your  country,  but  the 
approbation  of  Heaven.  Will  you  however  permit 
me  to  suggest  the  catastrophe  that  might  arise  by 
General  Gaines's  comp'.iancc  with  the  last  clause 
of  your  order?  Suppose  tho  case  that  the  In- 
dians are  beaten ;  they  take  refuge  either  in 
Pensacola  or  St.  Augustine,  whicli  open  their 
gates  to  them :  to  proiit  by  his  victory.  General 
Gaines  pursues  the  fugitives,  and  has  to  holt  bo' 


170 


THIRTY  YEARS'  VIEW 


fore  the  pnrrison  until  ho  can  communicate  with 
his  f^oveniini'tit.  In  tiie  mean  titnu  tliu  militia 
erow  rustless,  nnd  he  is  lull  to  dufunil  himself 
by  the  rcfruliirs.  The  cnoiny,  with  the  aid  of 
tliL-ir  S|>unish  fricnda,  and  Woodbine's  liritish 
jmrtisans,  or,  if  yon  please  with  Aurey's  force, 
attacks  liiin.  What  may  not  be  the  result  ? 
Defeat  and  massacre.  Permit  me  to  remark 
tlint  the  arms  of  the  United  States  nnist  be 
carried  to  any  ])oint  within  the  limits  of  Kast 
Florida,  where  an  enemy  is  permitted  and  pro- 
tected, or  disf^race  attends. 

"The  Kxeculivc  Crovemment  liuve  ordered, 
nnd,  as  I  conceive,  very  properly.  Amelia  Island 
to  be  taken  possession  of.  This  order  oii^ht  to 
be  carried  into  execution  at  all  haicards,  and  si- 
inultaneoi;sly  the  whole  of  J^ast  Florida  seized, 
and  held  as  an  indemnity  for  the  outrages  of 
Spain  ujion  the  property  of  our  citizens.  This 
done,  it  puts  all  opposition  down,  secures  our  cit- 
izens a  complete  indemnity,  and  saves  us  from  a 
war  with  (heat  Britain,  or  some  of  the  conti- 
nental powers  combined  with  Spain.  This  can 
be  done  without  implicating  the  government. 
Let  it  be  signified  to  me  through,  any  channel 
(say  Mr.  J.  Uhea),  that  the  possession  of  the 
Floridas  uoulU  be  desirable  to  the  United 
States,  and  in  sixty  days  it  will  be  accom- 
plished. 

"  The  order  being  given  for  the  possession  of 
Amelia  Island,  it  ought  to  be  executed,  or  our 
enemies,  internal  and  external,  will  use  it  to  the 
disadvantage  of  the  government.  If  our  troops 
enter  the  territory  of  Spain  in  pursuit  of  our 
Indian  enemy,  all  opposition  that  they  meet 
^vith  must  be  put  down,  or  we  will  be  involved 
in  danger  and  disgrace. 

'•  I  have  the  honor,  &c. 

"  ANDREW  JACKSON. 
"James  Monroe,  President  U.  S. 

"  The  course  recommended  by  General  Jack- 
son in  this  letter  relative  to  the  occupation  of  the 
Floridas  accords  with  the  policy  which  dictated 
the  secret  act  of  Congress.  He  recommended 
no  more  tlian  the  President  had  a  right  to  do. 
In  consequence  of  the  occupation  of  Amelia  Isl- 
and by  the  oHicers  of  the  Colombian  and  Mexican 
governments,  and  the  attempt  to  occupy  the 
whole  province,  the  President  had  a  right,  undor 
the  act  of  Congress,  to  order  General  Jackson  to 
take  possession  of  it  in  the  name  of  the  United 
States.  He  would  have  been  the  more  justifiable 
in  doing  so,  because  the  inhabitants  of  the  pro- 
vince, the  Indian  subjects  of  the  King  of  Spain, 
whom  ho  was  bound  not  only  by  the  laws  of  na- 
tions, but  by  treaty  to  restrain,  were  in  open  war 
with  the  United  States. 

"  Mr.  Calhoun,  the  Secretary  of  War,  was  the 
first  man  who  read  this  letter  after  its  reception 
at  Washington.  In  a  letter  from  Mr.  Monroe 
to  General  Jackson,  dated  21st  December,  1818, 
published  in  the  Calhoun  corespondenee,  page 
•14,  is  the  following  account  of  the  reception, 
pcuing  and  perusal  of  this  letter  viz.:  'Your  let- 


ter of  January  Cth.  was  received  while  i  was  i^, 
riously  indLsjtosed.  Observing  that  it  wa.s  fro,, 
you.  I  handed  it  to  Mr.  Calhoun  to  riad.  alt., 
reading  one  or  two  Hues  only  myself.  Theonl, , 
to  you  to  take  command  in  that  quarter  liad  |, . 
fore  been  issued.  He  remarked  after  jitrusin  • 
the  letter,  that  it  was  a  conlidcntial  one  rtlaiii  " 
to  Florida,  which  I  must  atuaer. ' 

"In  accordance  with  the  advice  of  Mr.  Calhoiui 
and  availing  himself  of  the  suggestion  containi. 
in  the  letter,  Mr.  Monroe  sent  for  Mr.  ,J,ii,p' 
Rhea  (then  a  member  of  Congress),  showed  hini 
the  confidential  letter,  and  reipiestcd  him  t,, 
answer  it.  In  conformity  with  this  request  .Mr 
Rhea  did  answer  the  letter,  and  informed  Genomi 
Jackson  that  the  President  had  shown  him  tk 
confidential  letter,  and  requested  him  to  state  thai 
he  approved  of  its  suggestions.  This  answer  was 
received  by  the  general  on  the  second  night  ht 
remained  at  Big  Creek,  which  is  four  miles  in 
advance  of  Hartford,  Georgia,  and  before  h;j 
arrival  at  Fort  Scott,  to  take  command  of  thi. 
troops  in  that  quarter. 

"  General  Jackson  had  already  received  or- 
ders, vesting  him  with  discretionary  powers  in  i 
relation  to  the  measures  necessary  to  put  an 
end  to  the  war.    He  had  informed  the  President 
in  his  confidential  letter,  that  in  his  judgment  it 
was  necessary  to  seize  and  occupy  the  whole  of 
Florida.    This  suggestion  had  been  considcri'd  | 
by  Mr.  Calhoun  and  the  President,  and  approv- 
ed.   From  this  confidential  correspondence  bcfon  I 
ho  entered  Florida,  it  was  understood  on  bulk 
sides,  that  under  tho  order  received  by  hk,  be 
would  occupy  the  whole  province,  if  an  occa.siou 
to  do  so  should  present  itself;  as  Mr.  Calhouo 
wrote  to  Governor  Bibb,  ho  vraa  '  authorized  to 
conduct  the  war  as  he  thought  best;'  andho'.n 
he  '  thought  best '  to  conduct  it  was  then  made 
known  to  the  F.':       Ive,  and  approved,  before  | 
he  struck  a  blow 

"  In  the  approv         ven  by  Mr.  Monroe  upon  I 
the  advice  of  Mr.  Calhoun  to  tho  suggestions  of 
General  Jackson,  ho  acted  in  strict  obedience  *o  | 
the  laws  of  his  country.    By  the  secret  act  of 
Coiig'esp,  tho  President  was  authorized,  under  I 
circi  mstances  then  existing,  to  seize  and  occupy 
all  Florida.     Orders  had  been  given  which  were 
sufficiently  general  in  their  terms  to  cover  that 
object.    The    confidential   correspondence,  and 
private  understanding,  made  them,  so  far  as  re- 
garded the  parties^  as  effectually  orders  toti.keaml 
occupy  the  Province  of  tlorida  as  if  thai  ob-  \ 
ject  had  been  declared  on  their  face. 

"  Under  these  circumstances  General  Jackson  I 
entered  Florida  with  a  perfect  right,  according 
to  international  law,  and  the  constitution  and 
laws  of  his  country,  to  take  possession  of  the 
whole  territory'.    He  was  clothed  with  all  the 
power  of  the  President,  and  authorized  '  to  con- 1 
duct  tho  war  as  he  thought  best.'    He  bad  or* 
dcrs  as  general  and  comprehensive  as  wordi  I 
could  make  them:  he  hod  the  confidential  appro- 
bation of  the  President  to  his  cofidential  recom- 
mendation to  seize  Florida :  and  be  entered  tin 


ANNO  1830.     ANDREW  JACKrW)N.  rRKSlPEXT. 


171 


finrincc  with  the  full  knowlc<l|^  that  not  only 
ijitice  ami  policy  but  the  laws  of  his  country, 
irl  the  onlers  of  tlic  President  as  publicly  and  j 
'/irately  explained  and  iindurstood,  would  Justi-  i 
I  him  in  expelling  every  Spanish  pirrison,  and 
(j:endin}:  the  jurisdiction  of  the  United  Statcu  i 
j„r  every  inch  of  it«  territory. 

•Nevertheless,   (iencral   Jackson,  from  his  i 
l;nowle<i);o  of  tho  situation  of  atfairs  in  Florida, 
rUDfted  to  llnd  ajustilicatbn  for  himself  in  the 
(onliict  of  tho  Spanish  authorities.     On  the  con-  ! 
;nrv,  had  he  found  on  entering  tho  province  ' 
llat  the  agents  and  officers  of  Spain,  instead  of 
nsiiiratintr,  encouraging  and  supplying  the  Indi- 
uis,  had  used  all  tho  means  in  their  power  to 
Invent  and  put  an  end  to  hostilities,  he  would  not 
hive  incurred  tho  responsibility  of  seizing  their 
fortresses  and  expelling  them  from  tho  country. 
But  he  wrote  to  tho  President,  and  entered  upop 
lao  campaign  with  other  expectations,  and  in 
liiese  he  was  not  disappointed. 

Ashe  approached  St.  Marks  it  was  ascer- 
I  tained  that  it  was  a  place  of  rendezvous  and  a 
oiirce  of  supply  for  the  Indians.    Their  councils 
I  ]0\  been  held  within  its  walls :  its  storehouses 
were  appropriated  to  their  use :  they  had  there 
obtained  supplies  of  ammunition :  there  they  had 
Imi  a  raaket  for  their  plunder:  and  in  tho  com- 
[niiindant'sramily  resided  Alexander  Arbuthnot, 
the  chief  instigator  of  tho  war.    Moreover,  the 
iieim>cs  and  Indians  under  Ambrister  threatened 
to  drive  out  tho  feeble  Spanish  garrison  and  take 
entire  possession  of  the  fort,  as  a  means  of  protec- 
tion for  themselves  and  annoyance  to  tho  United 
Sutcs,    In  these  circumstances  General  Jackson 
I  found  enough  to  justify  him  in  assuming  Mie  re- 
sponsibility of  seizing  and  occupying  that  post 
I  vrith  an  American  gari-i-son. 

"The  Indians  had  been  dispersed,  and  St. 
I  Marks  occupied.  No  facts  had  as  yet  appeared 
I  which  would  justify  General  Jackson  in  assum- 
ing the  responsibility  of  occupying  tho  other 
I  Spanish  posts  in  Florida.  lie  considered  the 
I  wir  as  at  an  end,  and  was  about  to  discharge  a 
innsiderable  portion  of  his  force,  when  he  was  in- 
Ifonncd  that  a  portion  of  the  hostile  Indians  had 
Ikn  received,  fed  and  supplied  by  the  Spanish 
I  Authorities  in  Pensacola.  lie  therefore  directed 
>  march  upon  that  point.  On  his  advance  he 
I  received  a  letter  from  the  governor,  denouncing 
I  his  entry  into  Florida  as  a  violent  outrage  on 
ltheri<:htsof  Spain,  requiring  his  immediate  re- 
I  treat  from  the  Territory,  and  threatening  in  case 
Icf  refnsal  to  use  force  to  expel  him.  This  dec- 
lliration  of  hostilities  on  the  part  of  the  Spanish 
liuthoritics,  instead  of  removing,  tendiHJ  to  in- 
Icreasu  the  necessity  for  tho  General's  advance, 
|i«!causc  it  was  manifest  to  both  parties  that  if 
Ithe  American  army  then  left  Florida,  the  Indians, 
lundcr  the  belief  that  there  they  would  always 
lliiil  a  safe  retreat,  would  commence  their  bloody 
Inicursions  upon  our  frontiers  with  redoubled 
Ifary ;  anil  General  Jackson  was  warned  that  if 
Itie  left  any  jtortion  of  his  army  to  restrain  tho 
|lutl:auB,  ui:d  retired  with  hiii  maiu  force,  the 


SpanianU  would  Ik>  openly  united  with  the  In- 
dians to  cx|>rl  the  whulo,  and  thtix  it  lM><'anio  ni 
necessary  in  order  to  tenninato  thf  war  to  de- 
stroy or  capture  the  .Spanish  fonv  at  I'l-iisacoU 
as  tho  Indians  theinselvos.  In  tins  attitude  of 
the  Spanish  governor,  and  in  the  fiU't  that  tlie 
hostile  Indians  were  receive*!,  fed,  olothed,  fur- 
nished with  munitions  of  wsir.  imi'1  tli.it  their 
plunder  was  ]iurchasc<l  in  I'er.sun.la,  (lencrnl 
Jackson  found  a  justifieation  loi  sei/in<^  thnt 
post  also,  and  holding  it  in  the  nhii.e  of  the  Uni- 
ted States. 

'•  St.  Augustino  was  still  in  the  liands  of  tho 
Spaniards,  and  no  act  of  the  authorities  or  pt>o- 
plo  of  that  place  was  known  to  (Jeneral  Jackson 
previous  to  his  return  to  Tennessee,  which  would 
sustain  him  in  assuming  the  res|)onsibility  of 
occupying  that  city.  However,  al>out  tho  7th 
of  August,  1818,  he  received  information  thnt  the 
Indians  wero  there  also  received  and  supplied. 
On  that  dajr,  therefore,  ho  issued  an  order  to 
General  Games,  directing  him  to  collect  the  evi- 
dences of  thes*  facts,  and  if  they  were  well  found- 
ed, to  take  possession  of  that  place.  Tho  fol- 
lowing is  an  extract  from  that  order: 

'•'I  have  noted  with  attention  Major  Twiggs' 
letter  marked  No.  5.  I  contemplated  that  the 
agents  of  Spain  or  the  officers  of  Fort  St.  Augus- 
tino would  excite  the  Indians  to  hostility  and 
furnish  them  with  tho  means.  It  will  he  neces- 
sary to  obtain  evidence  substantiating  this  fact, 
and  that  tho  hostile  Indians  have  )MH.<n  fed  and 
furnished  from  tho  garrison  of  St.  Augustine. 
This  being  obtained,  should  you  deem  your  force 
sufficient,  you  will  proceed  to  take  and  garrison 
with  American  troops.  Fort  St.  Augustine,  and 
hold  the  garrison  prisoners  until  you  hear  from 
tho  President  of  the  United  States,  or  transport 
them  to  Cuba,  as  in  your  judgment  under  exist- 
ing circumstances  you  may  think  best.' 

"  An  order  had  some  time  before  been  given  to 
the  officer  of  ordnance  at  Charleston,  to  have  in 
readiness  a  battery  train,  and  to  him  General 
Gaines  was  referred. 

"  Tho  order  to  take  St.  Augustino  has  often 
been  adduced  as  evidence  of  General  Jackson's 
determination  to  do  as  he  pleased,  without  re- 
gard to  the  orders  or  wishes  of  his  government. 
Though  justifiable  on  tho  ground  of  self-defence, 
it  would  never  have  been  issued  but  for  tho  con- 
fidential orders  given  to  General  Gaines  and 
Colonel  Bankhead.  to  tako  possession  of  Amelia 
Island  forcibly,  if  not  yielded  peaceably,  and 
when  possessed,  to  retain  and  fortify  it ;  and  tho 
sec.'ot  understanding  which  existed  between  him 
and  tho  government,  in  consequence  of  which  he 
never  doubted  that  ho  was  acting  in  complianco 
with  the  wishes,  and  in  accordance  with  tiio 
order!  and  expectations  of  the  President  and  SeO' 
retarj  of  War. 

'•  To  show  more  conclusively  tho  impressions 
under  which  General  Jackson  acted,  referenc* 
should  be  had  to  the  fact  that,  after  the  capturt 
of  tho  Spanish  forts,  he  instructed  Captain  Gads* 
den  to  prepaie  and  report  a  plan  for  the  permar 


172 


TIIIKTY  YEARS'  VIEW. 


BA',  (. 


m-i 


ncnt  dofcnpo  of  Florida,  wliirh  was  oproonblc  to 
the  conflrlential  onlcrs  to  ficncral  (iaincH  and 
(.'ol.  liankhcad  before  rcfcrrod  to.  Of  thJK  lie 
informcil  tho  Secretary  of  War  in  a  dispatch 
datefl  Ud  June,  1818,  of  which  the  following  is 
on  extract : — ■ 

" '  Captain  Oadsdcn  is  inKtriiPtwl  to  prtiparc 
and  report  on  tho  necessary  fjcfcnccs  as  far  as 
tho  military  rcconnoiHsanccs  ho  ha8  taken  will 
])orniit,  accompanied  with  plans  of  cxistinp; 
works ;  what  additions  or  improvements  ore 
necessary,  and  what  new  works  should,  in  his 
opinion,  bo  erected  to  pire  permanent  security 
to  tliia  important  territorial  addition  to  our 
republic.  As  soon  as  tho  report  is  prepared, 
('aptain  Gadsden  will  leccive  orders  to  repair  to 
Washington  City  with  some  other  documents 
which  I  may  wish  to  confide  to  his  charge.' 

"  This  plan  was  completed  and  forwarded  to 
Mr.  Calhoun  on  tho  10th  of  tho  succeeding  Au- 
gust, by  Captain  Gadsden  himself,  with  a  letter 
from  Gencml  Jackson,  urging  the  necessity  not 
only  of  retaining  possession  of  it.  Marks,  but 
I'ensocola.  Tho  following  is  o  part  of  that  let- 
ter : 

'"Captain  Gadsden  will  also  deliver  you  liis 
report  made  in  pursuance  of  my  order,  accompa- 
nied with  tho  plans  of  tho  fortifications  thought 
necessary  for  tho  defence  of  tho  Floridas,  in  con- 
nection with  tho  line  of  defcnco  on  our  Southern 
frontier. 

" '  This  was  done  under  tho  belief  that  tho 
government  will  never  jeopardize  tho  safety  of 
the  Union,  or  the  security  of  our  frontier,  b}'  sur- 
rendering those  posts,  and  tho  possession  of  the 
Floridas,  unless  upon  a  sure  guaranty  agreeable 
to  the  stipulations  of  the  articles  of  capitulation, 
that  will  msurc  permanent  peace,  tranquillity  and 
security  to  our  Southern  frontier.  It  is  believed 
that  Spain  can  never  furnish  this  guaranty.  As 
long  as  there  arc  Indians  in  Florida,  and  it  is 
possessed  by  Spain,  they  will  bo  excited  to  war, 
and  the  indiscriminate  murder  of  our  citizens,  by 
foreign  agents  combined  with  the  officers  of 
Spain.  The  duplicity  and  conduct  of  Spain  for 
tho  last  six  years  fully  prove  this.  It  was  on  a 
belief  that  the  Floridas  would  bo  held  that  my 
order  was  given  to  Captain  Gadsden  to  make  the 
report  he  has  done.' 

"Again:  'By  Captain  Gadsden  you  will  re- 
ceive some  letters  lately  inclosed  to  me,  detailing 
tho  information  that  the  Spaniards  at  Fort  St. 
Augustine  arc  again  exciting  tho  Indians  to  war 
against  us,  and  a  copy  of  my  order  to  General 
Gaines  on  this  subject.  It  is  what  I  expected, 
and  proves  the  justice  and  sound  policy  of  not 
only  holding  the  posts  we  are  now  in  ])os8es8ion 
of,  but  of  possessing  ourselves  of  St.  Augustine. 
This,  ond  this  alone  can  give  us  peace  and  secu- 
rity on  "  our  Southern  frontier." ' 

"  It  is  thus  clearly  shown  that  in  taking  pos- 
session of  St.  Marks  and  Pensacola,  and  giving 
orders  to  take  St.  Augustine,  I  wot;  acting  within 
the  letter  as  well  as  spirit  of  my  orders,  and  in 
accordance  with  tho  secret  understanding  be- 


tween the  government  and  myself,  and  unilcr 
i  full  iKTsuasion  that  these  fortresses  wouM  nn,., 
I  again  be  piTmittod  by  our  government  to  ti,. 
I  under  the  dominion  of  Spain.     From  the  tinii„f 
I  writing  my  confidential  letter  of  tho  tith  of  .Jan. 
I  uary  to  the  date  of  this  dispatch,  the  loth  -f 
August,  1818, 1  never  had  an  intimation  tlmtil,.  I 
wishes  of  tho  government  had  changed,  or  th;i' 
less  was  expected  of  me,  if  tho  occasion  sIimiI'  ; 
prove  favorable,  than  the  occupation  of  the  wiml. 
of  Florida.      On  the  contrary,  either  by  thi'  r  I 
direct  opproval  of  my  measures,  or  their  sjlcnri 
the  President  and  Mr.  Calhoun  gave  me  rta-wii 
to  stipposo  that  I  was  to  be  sustained,  and  thut 
tho  Floridas  after  being  occupied  were  to  1m'  1,,  i,] 
for  the  benefit  of  tho  United  States.    I'yio),  f,.. 
cciving  my  orders  on  the  llth  of  January  1  trmlj  I 
instant  meosures  to  bring  into  tho  field '« putji.  I 
cient  force  to  accomplish  all  tho  objects  suppestcii 
in  ray  confidential  letter  of  the  6th,  of  which  j  I 
informed  tho  War  Department,  and  Mr.  Calhoui;  1 
in  his  reply  dated  29th  January,  1818,  after  thi 
receipt  of  my  confidential  letter,  and  a  full  know  | 
ledge  and  approbation  of  my  views  says  :— 

'"The  mca.surcs  you  have  taken  to  brinj;  ani 
eflicient  force  into  the  field  are  approbated,  ami 
a  confident  hope  is  entertained  that  a  speciltj 
and  successful  termination  of  the  Indian  war  will! 
follow  your  exertions.' 

"  Having  received  further  details  of  my  prc-i 
parations,  not  only  to  terminate  the  Scminolsl 
war,  but,  as  tho  President  and  his  Secretary  vfelll 
knew,  to  occupy  Florida  also.  Mr.  Calhoun  on| 
the  Cth  February,  writes  as  follows: — 

" '  I  have  the  honor  to  acknowledge  the  receifj 
of  your  letter  of  the  20th  ult.,  and  to  acquaint! 
you  with  the  entire  approbation  of  tho  Prcsidcntl 
of  all  the  measures  you  have  odopted  to  tcrmi-l 
nato  the  rupture  with  the  Indians.' 

"On  the  13th  of  May  following,  with  a  i 
knowledge  that  I  intended  if  a  favorable  occasionl 
presented  itself  to  occupy  Florida,  and  that  tlief 
design  had  the  approbation  of  tho  President,  .Mr.l 
Calhoun  wrote  to  Governor  Bibb,  of  Alabama,  th(jj 
letter  already  alluded  to,  concluding  as  follows:- 

" '  General  Jackson  is  vested  with  full  poiversj 
to  conduct  the  war  in  the  manner  be  may  dcen 
best.' 

"  On  the  25th  of  March,  1818, 1  informed  MrJ 
Calhoun  that  I  intended  to  occupy  St,  Marksf 
and  on  the  8th  of  April  I  informed  liim  that  i| 
was  done. 

"  Not  a  whisper  of  disapprobation  or  of  doubl| 
reached  me  from  the  government. 

"  Ox\f  the  5th  May  I  wrote  to  Mr.  Calhoiid 
that  I  was  about  to  move  upon  Pensacola  wii^ 
a  view  of  occupying  that  place. 

"  Again,  no  reply  was  ever  given  disappjovinJ 
or  discountenancing  this  movement. 

"On  the  2d  of  June  I  informed  ]\Ir.  Calhoui 
that  I  had  on  the  24th  May  entered  Pcnsacnlaj 
and  on  the  28th  had  received  the  surrender  of  tin 
Barrancas. 

"  Again  no  reply  was  given  to  this  letter  exl 
pressing  any  disapproval  of  these  acts. 


ANNO  1920.    ANDREW  JACKSON.  I'UKSlDENT. 


173 


•  In  fine,  from  the  nx-vipt  of  tho  Prcswlont's , 
„|,ly  to  my  conlWentUl  letter  of  Otli  January, 
;>|\  tliroiigh  Mr.  lUira,  until  tho  rurcipt  uf  the 
j'residLiit'H  privnto  letter.  (late«l  I'Jth  July. 
;.18, 1  received  no  instructions  or  intimations 
Kom  the  government  publij  or  private  that  my 
,|it'rati<iii.s  in  Florida  weru  other  than  such  as 
;;,i.  I'resident  and  Secretary  of  AV'ar  expected 
iinl  approved.  1  had  not  a  doubt  that  I  had 
j,te(l  in  every  respect  in  strict  accordance  with 
tiirir  yIou's,  and  that  without  publicly  avowing 
ih»t  they  had  authoiizvd  my  measures  they  were 
ri«ly  at  all  times  and  under  all  circumstances 
10  sustain  mo ;  and  that  as  there  were  sound 
^<on.s  and  justifiable  cause  for  taking  possession 
III'  Florida,  they  would  in  pursuance  of  their 
private  understanding  with  me  retain  it  as  in- 
(itinnity  for  tho  spoliations  committed  by  Span- 
i.li  subjects  on  our  citizens,  and  as  security  for 
the  peace  of  our  Southern  frontier.  I  was  will- 
jn^r  to  rest  my  vindication  for  takin;;  tho  posts 
on  the  hostile  conduct  of  their  officers  an<l  garri- 
jons  bearing  all  tho  responsibility  myself:  but  I 
isiHxted  my  government  would  find  in  their 
claims  upon  Spain,  and  tho  danger  to  which  our 
frontier  would  again  bo  exposed,  sufficient  rea- 
H)n.«  for  not  again  delivering  them  into  tho  pos- 

i  jossion  of  Spain. 

•  It  was  lute  in  August  before  I  received  official 
Lnformation  of  tho  decision  of  the  government  to 
lestorc  tho  posts,  and  alx>ut  the  same  time  I  saw 
it  Mated  in  the  Georgia  Journal  that  tho  cabinet 
lijul  been  divided  in  relation  to  the  course  pur- 
sued by  me  in  Florida ;  and  also  an  extract  of  a 
liiter  in  a  Nashville  paper,  alleging  that  a  move- 
ment had  been  made  in  the  cabinet  against  mc 
wiiieh  was  attributed  to  Mr.  Crawford,  in  which 
istract  it  is  expressly  stated  that  I  had  been 
triumphantly  vindicated  by  Mr.  Calhoun  and 
Mr.  Adams.  Being  convinced  that  tho  course  I 
1,1(1  pursued  was  justified  by  considerations  of 
]iub!io  policy,  by  the  laws  of  nations,  by  the 
iiatc  of  things  to  which  I  have  referred,  and  by 
tlic  instructions,  intimations,  and  acquiescence 
ofthegovernmentj  and  believing  that  tho  latter 
y  been  communicated  to  all  the  members  of 
the  cabinet,  I  considered  that  such  a  movement 
by  Mr.  Crawford  was  founded  on  considerations 
foreign  to  the  public  interests,  »nd  personally 

I  inimical  to  me;  and  therefore,  a(.  or  these  pub- 
1  lie  and  explicit  intimations  of  what  had  occurred 
I  ta  the  cabinet,  I  was  prepared  to,  and  did  believe 
1  that  Mr.  Crawford  was  bent  on  my  destruction, 
I  uid  was  the  author  of  the  movement  in  tho  cab- 
linetto  which  they  referred.  I  the  more  readily 
I  entertained  this  belief  in  relation  to  him  (in 
[which  1  am  rejoiced  to  avail  myself  of  this  pnblic 
I  occasion  to  say  I  did  him  injustice)  because  it 
I  mis  impossible  that  I  should  suspect  that  any 
■  proposition  to  punish  or  censure  me  could  come 
Ifrom  either  the  President  or  Mr.  Calhoun,  as  I 
iTell  knew  that  I  had  expressed  to  the  Presi- 
l&iit  my  opinion  that  Florida  ought  to  be 
I  taken,  and  had  oifered  to  take  it  if  he  would 
hive  mc  au  intimation  through  Mr.  lihea  that  it 


was  desirable  to  do  m>,  which  intimation  wa* 
given ;  that  they  hail  given  me  orders  bnmil 
enough  to  sanction  all  that  was  done  ;  that  Mr. 
(.'alhoun  hod  expresslv  interpreted  those  onlei-s 
as  vesting  me  'with  tuU  jiower  to  coniluct  tho 
war  as  he  (I )  might  think  best ;'  that  they  had 
expressly  Bp|)rove<l  of  all  my  preparations,  and 
in  silence  witnessed  all  my  operations.  I'ndei 
these  circumstances  it  was  im(H)8Hible  for  me  to 
believe,  whatever  change  might  have  taken 
place  in  their  views  of  public  policy,  that  either 
tho  President  or  Mr.  Calhoun  could  have  origi- 
nated or  countenanced  any  proposition  tending 
to  cast  censure  upon  me,  much  less  to  produce 
my  arrest,  trial,  and  punishment. 

''If  these  facts  and  statements  could  have 
left  room  for  a  doubt  in  relation  to  Mr.  Calhoun's 
approval  of  my  conduct  and  of  his  friendship  for 
me,  I  had  other  evidence  of  n  nature  pi'rfectly 
conclusive.  In  August,  1818,  Colonel  A.  P.  llayne. 
Inspector  General  of  tho  Southern  Division,  who 
had  served  in  this  campaign,  came  to  Washing- 
ton to  settle  his  accounts,  and  resign  his  statf  n))- 
pointment  in  the  armv.  Ho  was  the  fellow-citi- 
zen and  friend  of  Mr.  Calhoun,  and  held  constant 
personal  interviews  with  him  for  some  weeks  in 
settling  his  accounts.  On  the  24th  September  ho 
addressed  a  letter  to  me,  stating  that  ho  had 
closed  his  public  accounts  entirely  to  his  satisfac- 
tion, and  in  relation  to  public  atl'airs  among  othei 
things  remarks : — 

'•'The  course  the  administration  has  though) 
proper  to  adopt  is  to  me  inexplicable.  They 
retain  St.  Marks,  and  in  the  same  breath  pivt 
up  Pcnsacola.  Who  can  comprehend  this?  'Jhi 
American  nation  possesses  discernment,  and  will 
judge  for  themselves.  Indeed,  sir,  I  fear  that 
Mr.  Monroe  has  on  the  present  occasion  yielded 
to  the  opinion  of  those  about  him.  I  cannot  be- 
lieve that  it  is  the  result  of  his  own  honest  con- 
victions. Mr.  Calhoun  certainly  thinks  with  you 
altogether,  although  after  the  decision  of  the 
cabinet,  ho  must  of  course  nominally  support 
what  has  been  done.'  And  in  another  letter, 
dated  21st  January,  1819,  he  says :  'Since  I  last 
saw  you  I  have  travelled  through  West  and  East 
Tennessee,  through  Kentucky,  through  Ohio, 
through  tho  western  and  eastern  pai-t  of  Penn- 
sylvania, and  the  whole  of  Virginia — have  been 
much  in  Baltimore  and  Philadelphia,  and  tho 
united  voice  of  the  people  of  those  States  and 
towns  (and  I  have  taken  great  pains  to  inform 
myself)  approve  of  your  conduct  in  every  respect. 
And  the  people  of  tho  United  States  at  large  en- 
tertain precisely  tho  same  opinion  with  tho  peo- 
ple of  those  States.  So  does  the  administration, 
to  wit:  Mr.  Monroe,  Mr.  Calhoun,  and  Mr. 
Adams.  Mr.  Monroe  is  your  friend.  Ho  has 
identified  you  with  himself.  After  tho  most  ir.u 
turo  reflection  and  deliberation  upon  all  of  your 
operations,  he  has  covered  your  conduct.  But  I 
am  candid  to  confess  that  he  did  not  adopt  this 
line  of  conduct  (in  my  mind)  as  soon  as  he  ought 
to  have  done.  Mr.  Adams  has  done  honor  to 
his  country  and  himself.' 


174 


THIRTY  YEARS*  VIEW, 


r 


"  Colonel  Ilnyno  is  a  man  of  honor,  and  did 
not  intend  to  di-ceivo  ;  I  had  no  doiiht,  and  have 
none  novr,  that  he  dorivcd  Imh  imprcHsionn  from 
ronviTsntions  with  Mr.  Calhoun  himself;  nor 
have  I  any  doubt  that  Mr.  Calhoun  purposely 
ronvcycd  those  imprctisionf)  that  they  might  be 
communicated  to  me.  AVithout  other  evidence 
than  this  letter,  how  could  I  have  understood 
Mr.  Calhoun  otherwise  than  as  approving  my 
whole  conduct,  and  as  having  defended  mo  in 
the  cabinet  ?  How  could  I  have  understood  any 
seeming  dissent  in  liis  official  coromimications 
otherwise  than  as  arising  from  his  obligation  to 
givo  a  '  nominal  8up|)ort' to  tho  decision  of  the 
cabinet  which  in  reality  he  disapproved  ? 

"Tho  reply  to  my  confidential  letter,  the  ap- 
proval of  my  preparations,  tho  silence  of  Mr. 
Calhoim  during  the  campaign,  tho  enmity  of  Mr. 
Crawford,  the  language  of  the  newspapers,  the 
letters  of  Colonel  Hayne,  and  other  letters  of 
similar  import  from  other  gentlemen  who  were 
on  familiar  terms  with  the  Secretary  of  War, 
left  no  doubt  on  my  mind  that  Mr.  Cilhoun 
approved  of  my  conduct  in  tho  Seminole  war 
'  altogether ; '  had  defended  mo  against  an  attack 
of  Mr,  Crawford  in  the  cabinet,  and  was,  through- 
out tho  struggle  in  Congress  so  deeply  involving 
my  character  and  fame,  m}'  devoted  and  zealous 
friend.  This  impression  was  confliined  by  the 
I)crsonaI  kindness  of  Mr.  Calhoun  towards  me, 
during  my  visit  to  this  city,  pending  the  proceed- 
ings of  Congress  relative  to  tho  Seminole  war, 
and  on  every  after  occasion.  Nor  was  such  con- 
duct confined  to  mo  alone,  for  however  incon- 
sistent with  his  proposition  in  the  cabinet,  that 
I  should  '  be  punished  in  some  form,'  or  in  the 
language  of  Mr.  Adams,  as  to  M'hat  passed  there 
'  that  General  Jackson  should  bo  brought  to 
trial,'  in  several  conversations  with  Colonel  Rich- 
ard M,  Johnson,  while  he  was  preparing  the 
counter  report  of  the  Military  Committee  of  the 
IIouso  of  Kepresentatives,  Air.  Calhoun  always 
spoke  of  me  with  respect  and  kindness,  and  ap- 
proved of  my  course. 

"So  strong  was  my  faith  in  Mr.  Calhoun's 
friendship  that  the  appointment  of  Mr.  Lacock.' 
shortly  after  he  had  made  his  report  upon  the  Se- 
minole war  in  the  Senate,  to  an  important  office, 
although  inexplicable  to  me,  did  not  shake  it. 

"  I  was  informed  by  Mr.  Rankin  (member  of 
tho  House  of  Representatives  from  Mississippi), 
and  others  in  1823  and  1824,  once  in  the  presence 
of  Colonel  Thomas  H.  Williams  (of  Mississippi) 
of  the  Senate,  that  I  had  blamed  Mr.  Crawford 
unjustly  and  that  Mr.  Calhoun  was  the  mstigator 
of  the  attacks  made  upon  me :  yet  in  consequence 
i»f  the  facts  and  circumstances  already  recapitu- 
lated tending  to  prove  Mr.  Calhoun's  approval  of 
my  course,  I  could  not  give  the  assertion  the  least 
credit. 

"Again  in  1825  Mr.  Cobb  told  me  that  I 
blamed  Mr,  Crawford  wrongfully,  both  for  the 
attempt  to  injure  me  in  the  cabinet,  and  for  hav- 
ing an  agency  in  framing  the  resolutions  which 
he  (Mr.  Cobb)  offered  in  Congress  censuring 


my  conduct  in  the  Seminole  war.  He  utatwl  rn 
tho  contrary  that  Mr.  Crawford  was  oppoi(o<|  t 
those  resolutions  and  always  asserted  tliit 
'  General  Jackson  had  a  sufficient  (Uffnn 
whenever  he  chose  to  make  it,  and  that  the  a>. 
tempt  to  censure  him  would  do  him  pood.  aiHt 
recoil  upon  its  authors;*  yet  it  was  inipossil,!^ 
for  me  to  believe  that  Mr.  Calhoun  had  l)ocn  m-- 
enemy;  on  the  contrary  I  did  not  doubt  tlin't 
he  had  been  my  devoted  friend,  not  only  throiisti 
all  those  difficulties,  btit  in  the  contest  for  thf 
Presidency  which  ended  in  the  election  of  Mr 
Adams, 

"In  the  Spring  of  1828  the  impression  of  Mr 
Calhoun's  rectitude  and  fidelity  towards  mii 
was  confirmed  by  an  incident  which  occiim'<l 
during  the  progress  of  an  eflTort  to  rcroncilc  »ll 
misunderstanding  between  him  and  Mr.  Craw- 
ford  and  myself.  Colonel  James  A.  Hamilton 
of  Now- York  inquired  of  Mr.  Calhoun  himself 
at  Washington, '  whether  at  any  meeting  of  Mr!  i 
Monroe's  cabinet  tho  propriety  of  arresting  Gen- 
eral Jackson  for  any  thing  done  during  the  Sem- 
inole war  had  been  at  any  time  discussed  ? '  Jlr, 
Calhoun  replied, 'Never:  such  a  measure  was 
not  thought  of,  much  less  discussed.  The  onlv 
point  before  the  cabinet  was  tho  answer  to  be 
given  to  the  Spanish  government.'  In  conse- 
quence of  this  conversation  Colonel  Hamilton 
wrote  to  Major  Lewis,  a  mcmly.  of  tho  Nashville 
committee,  that  *  the  Vice-Prt-sident,  who  von 
know  was  the  member  of  the  cabinet  bc,st'a^  | 
quaintcd  with  the  subject,  told  me  General  Jack- 
son's arrest  was  never  thought  of,  much  less  I 
discussed. '  Information  of  this  statement  re- 
newed and  strengthened  the  impression  relative 
to  the  friendship  of  Mr.  Calhoun,  which  I  had 
entertained  from  the  time  of  tho  Seminole  war. 

"  In  a  private  letter  to  Mr.  Calhoun  dated 
25th  May,  1828,  written  after  the  conversation 
with  Colonel  Hamilton  had  been  communicated 
to  me,  I  say  in  relation  to  the  Seminole  war: 

"'I  can  have  no  wish  at  this  day  to  obtain  an  ex- 
planation of  the  orders  under  which  1  acted  whilst 
charged  with  the  campaign  against  the  Seminole 
Indians  in  Florida.  I  viewed  them  when  received 
as  plain  and  explicit,  and  called  for  by  the  situation 
of  the  country,  I  executed  them  faithfully,  and 
was  happy  in  reply  to  my  reports  to  the  Depart- 
ment of  War  to  receive  your  approbation  for  it.' 

"  Again :  '  The  fact  is,  I  never  had  the  least  I 
ground  to  believe  (previous  to  tho  reception  of 
Mr.  Monroe's  letter  of  19th  July,  1818)  that 
any  difference  of  opinion  between  the  government 
and  myself  existed  on  the  subject  of  my  power?. 
So  Tar  from  this,  to  the  communications  which  I 
made  showing  the  construction  which  I  placed 
upon  them,  there  was  not  only  no  difference  of 
opinion  indicated  in  the  replies  of  the  Executive 
but  as  far  as  I  received  replies,  an  entire  approve  I 
of  the  measures  which  I  had  adopted. ' 

"  This  was  addressed  directly  from  me  to  Mr, 
Calhoun,  in  May,  1828.    In  his  reply  Mr.  Cil- 1 
houn  does  not  inform  me  that  I  was  in  error 
Ue  does  not  tell  me  that  he  disapproved  my  con 


ij.i<  and  thought  I 

f,ra  violation  of  or 

Qo  that  ho  or  any 

nliiiiut  council  a  co 

(iPiirt.    Ho  says  not 

impression  already  r 

n;  wlii<'h  might  not 

fjio  had  been  oblig 

l,)rt '  to  a  derision  i 

[fply,  (lilted  loth  Jul 

•■^Any  discussion  i 

lajrrco  with  you,  wo 

J-,'  matters  of  histor 

;  l^torian  as  they  stai 

uise  that  thejustiflcii 

trnmcnt  depended  oi 

!h.ui.    It  is  sufHcien 

!,cne8tly  issued,  and 

I  i,ivolving  tho  qucstioi 

tiJ  strictly  in  accordi 

ihey  were  issued.     H 

ire  all  that  can  be  rci 

I  that  they  existed  on 

"It  was  certainly  ii 

that  Mr.  Calhoun  had 

court  of  inquiry  wit 

punkhraent  for  violat 

Iniittcd  were  ^honesti 

['lie  nerer  doubted  t 

•huiust  and  patriot 

I  could  not  have   dout 

I  .Mr.  Calhoun  had  zeal 

est  and  patriotic '  ac 

pinst  the  supposed 

as  had  long  before  1 

not  have  doubted  th 

I  irith  me  altogether,'  i 

I  Colonel  Hayne.    I  c 

I  that  .Mr.  Calhoun  ha( 

I iny  compliance  with 

I  he '  never  did  suppoa 

depended  on  a  critic 

|tud  'that   it  was  s 

honestly  executed.' 

"By  the  unlimitec 

me  bj  my  orders ;  by 

I  of  my  confidential  letl 

Ijdvised  by  Mr.  Calh( 

jiroval  of  all  my  prepj 

Ifilence  of  the  governm 

■by  uncontradicted  pul 

Ipers;  by  positive  »ssur 

llriends  of  Mr.  Calhou; 

liaration  to  Colonel  £ 

sown  assurance  thi 

Ihdnesty  or  patriotisn 

liny  orders,  which  he 

Tout  inquiring  ^wheth 

wnctly  in  accordanc 

Jfhei/  vere  issued, '  I  w 

ind  did  believe  that  3 

leroted  friend,  defend! 

ind  private,  my  whole 

With  these  impr 

iijchai^  of  the  duties  o 


inHHItJ  ' 


AN  so  1830.     ANDREW  JACKSON.  PRESIDKNT. 


17a 


ij„>  tnil  thought  I  onp;lit  to  have  been  punched 
fj/ivioUtion  of  ordcrfi.  Ho  doi-H  not  iufurm 
Qe  that  ho  or  any  other  had  proposed  in  the 
n<)iiiut  council  a  court  of  inquiry,  or  any  other 
p,;jrt.  IIo  Rayfl  nothing  inrantiiittont  with  the 
iiiiprossion  already  made  u|>on  my  mind — noth- 
:;,.  »'lii<'li  might  not  have  liccn  expected  from  one 
(iio  had  been  obliged  to  give  a  '  nominal  Biip- 
nirt'  to  a  deciHion  which  ho  disapproved.  His 
L|v,  (liitcMl  lUth  July.  1828.  is  in  theae  wordn : 

•••Any  dIscuB-ion  of  them'  (the  orders)  'now, 
;  ajrrw  with  you,  would  bo  unnoccssary.    They 
ix  iiiattcrs  of  history,  and  must  be  left  to  the 
iistorinn  ns  they  stand.    In  fact  I  never  did  sup- 
pose that  the  justification  of  yourself  or  the  gov- 
(rnmcnt  depended  on  a  critical  construction  of 
,),,ni.    It  is  sufficient  for  both  that  they  were 
jicnestly  issued,  and  honestly  exccute<l,  without 
I  involving  the  question  whether  thev  were  execu- 
I  till  strictly  in  accordance  with  the  intention  that 
ijioj'  were  issued.     Honest  and  patriotic  motives 
I  jre  all  that  can  be  required,  and  I  never  doubted 
I  ii,at  they  existed  on  both  sides. ' 

•It  was  certainly  impossible  for  mo  to  conceive 
I  that  Mr.  Calhoun  bad  urged  in  cabinet  council  a 
court  of  inquiry  with  a  view  to  my  ultimate 
puDbhmcnt  for  violation  of  orders  which  he  ad- 
Iniittcd  were  ^honestly  executed,'  especially  as 
I'lic  nercr  doubted  that   my    '  motives '    were 
•hotifst  and  patriotic,'    After  this  letter  I 
I  could  not  have   doubted,  if  I  had  before,  that 
Mr.  Calhoun  had  zealously  vindicated  my  '  hon- 
est and  patriotic '  acts  in  Mr.  Monroe's  cabinet 
pinst  the  supposed  attacks  of  Mr.  Crawford, 
J  had  long  before  been  announced.     I  could 
Lot  have  doubted  that  ^Ir.  Calhoun  '  thought 

irith  me  altogether,'  us  I  had  been  informed  by 
I  Colonel  Ilayne.  I  cxtuld  not  have  conceived 
I  that  Mr.  Calhoun  had  ever  called  in  question 
i-  compliance  with  my  orders,  when  he  says 
\k^ never  did  suppose'  that  my  ^justification 

depended  on  a  critical  construction  of  them, ' 
hiid  'that  it  was  sufficient  that  they  were 
I  honestly  executed.' 

'By  the  unlimited  authority  conferred  on 
Imebj  my  orders;  by  the  writing  and  reception 
I  of  my  confidential  letter  and  the  answer  thereto 
Isdvised  by  Mr.  Calhoun ;  by  the  positive  ap- 
llToral  of  all  my  preparatory  measures  and  the 
Lilence  of  the  government  during  ,  operations; 
Iby  uncontradicted  publications  in  the  newspa- 
Ipirs;  by  positive  assurances  received  through  the 
llriends  of  Mr.  Calhoun ;  by  Mr.  Calhoun's  dec- 
llantlon  to  Colonel  Hamilton ;  and  finally  by 
sown  assurance  that  he  never  doubted  the 
Iknesty  or  patriotism  with  which  I  executed 
liny  orders,  which  he  '  deemed  sufficient '  with- 

lut  inquiring  ^whether  they    were  executed 

Ynctly  in  accordance  with  the  intention  that 

I  were  issued, '  I  was  authorized  to  believe 

md  did  believe  that  Mr.  Calhoun  had  been  my 

leroted  friend,  defending  on  all  occasions,  public 

ind  private,  my  whole  conduct  in  the  Seminole 

W  ith  these  impressions  I  entered  upon  the 

icbrge  of  the  duties  of  President,in  March,1829. 


"Recent  dinclonureo  prove  thnt  tlicsip  imprc* 
pious  were  entirt-ly  orrntieouK,  niul  tlisit  .Mr,  Cal- 
houn hiniM!lf  wnn  the  author  of  the  iiroponition 
made  in  the  ciibinet  to  Milijiot  nu-  to  a  court  of 
inquiry,  with  a  vii>\v  to  my  ultinuito  |iiini!*hn>tMit 
for  a  violation  of  orders. 

"  My  feelings  towards  .Mr.  Callioim  continued 
of  the  most  friendly  character  until   my   suspi- 
cions of  his  fairness  were  awakened  by  tho   fol* 
lowing  incident.  Tho  late  Marshal  of  the  District 
of  Columbia  (.Mr.  Tench  Uingold),   conversing 
with  a  friend  of  mine  in  relation  to  the  Seminolo 
war,  spoke  in  strong  terms  of  Mr.   Monroe's 
support  of  me ;  and  upon  being  informed  that  I 
hail  always  rt-garded  Mr.  Culhoun  as  my  lirm 
and  undeviutiiig  friend  and  supporter,  and  par- 
ticularly on  that  occasion,  Mr.   ilingold   replied 
that  Mr.  Calhoun  was  the  first  man  to  more  in 
the  cabinet  for  my  punishment,  and   that  he 
was  against  mc  on  that  subject.    Informed  of 
this  conversation,  nnd  recurring  to  tho  rei)cate<l 
declarations  that  had  been  mado  to  mc  by  dif- 
ferent persons  and  at  dillerent  times,  that   Mr. 
Calhoun,  and  not  Mr.  Crawford,  was  the  person 
who  hod  made  that  movement  against  mo  in  tho 
cabinet,  and  observing  the  mysterious  oppo.sition 
that  hod  shown  itself,  particularly  among  those 
who  were  known  to  be  the  friends  and  partisans  of 
Mr.  Calhoun,  and  that  the  measures  which  1  had 
recommended  to  the  consideration  of  Congress, 
and  which  appeared  to  have  received  tho  appro- 
bation of  the  people,  were  neglected  or  opposed 
in  that  quarter  whence  I  had  a  right  to   believe 
they  would  have  been  brought  forward  and  sus- 
tained, I  felt  a  desire  to  see  the  written  state- 
ment which  I  had  been  informed  Mr.  Crawford 
had  made,  in  relation  to  tho  proceedings  of  tho 
cabinet,  that  I  might  a.scertain  its  true  charac- 
ter.   I  sought  and  obtained  it,  in  tho  manner 
heretofore  stated,  and  immediately  sent  it  to  Mr. 
Calhoun,  and  asked  him  frankly  whether  it  waa 
possible  that  the  information  given  in  it  waa 
correct?    His  answer,  which  he  'K,a  givoa  to 
the  world,  indeed,  as  I  have  before     i.','fd,  sur- 
prised, nay,  astonished  me.    I  had  a  '.vays  re- 
fused to  believe,  notwithstanding  the  various  as- 
surances I  had  received,  that  Mr.  Calhoun  could 
be  so  fur  regardless  of  that  duty  which  the  plain- 
est principles  of  justice  and  honor  imposed  upon 
him,  as  to  propose  the  punishment  of  a  subordi- 
nate officer  for  tho  violation  of  orders  which 
were  so  evidently  discretionary  as  to  permit  mo 
as  he  (Mr.  Calhoun)  informed  Governor   Bibb, 
'  to  conduct  the  war  as  he  may  think  best.'   But 
the  fact  that  he  so  acted  has  been  aihrmed  by 
all  who  were  present  on  the  occasion,  and  admit- 
ted by  himself.* 

*  Mr.  Calhoun  In  bis  convcrsatlim  with  Colonel  Hamilton, 
anbatantially  denied  that  such  a  proposition  as  that  which  li« 
now  adinlta  ho  raad(s  was  ever  subtiilltcd  to  the  cabinet  He 
is  aiked  "  whether  at  any  nieeling  of  Mr.  Monroe's  cabinet  tb« 
propriety  of  arresting  Qeneral  Jackson  for  any  tbtng  done  da- 
ring the  Seminole  war  bad  been  at  any  time  diMUfsed."  Ha 
replies  "  Net'cr ;  such  a  measure  was  not  thought  of,  much  len 
discussed :  t/t«  only  point  be/ore  the  eabinet  WM  (A«  annm 


176 


THIUTY  VKAIW  VIKW. 


"  TImt  Mr.  Callioim,  with  IiIh  k!i<)\vl<'<Ijr(M)f 
Piu'tH  Hinl  ('ii'<;iitii!>(iiii('cs,  blioiilil  liiivu  (lari'<l  to 
iimkt!  siK'li  a  |>r(>|i<)si(ion,  cnii  only  lii>  n(-<'iiiiiiti'<l 
lor  frotii  tilt!  MKTi'ilIy  coiillilciitiiil  clmrnctcr 
whic'li  hu  nttuc.'lios  to  tin-  jiriK't'ciliii^Horii  ciiliiiift 
coimcil.  Ilin  views  of  this  siilijcct  nvu  stroiijriy 
cxpri'ssod  ill  his  iirintvil  corri'S|x)ii(lt'iicr,  pnno  1"). 
'I  mil  not  itt  all  siirpriseil,'  says  he,  'that  Mr. 
('rnwronl  should  k-vi  that  hu  stunils  in  iii'c-il  of 
fin  ajxilogy  for  hctrayinj?  the  (loliln'rations  of  the 
nihinet.  It  is,  I  Iielicvu,  not  only  thu  tirst  in- 
stniice  in  our  country,  but  oiio  of  n  vi-ry  few 
instnncos  in  nny  country,  or  any  np',  thnt  mi  in- 
(livirjuiil  lins  fult  liiinseif  absolved  from  tliu  hi(;h 
oblip;atioiis  which  honor  and  duty  impose  on  one 
Hitiiatcd  as  hu  was.'  It  wna  under  this  veil, 
which  lio  Riii)posed  to  bo  forever  imjK'netrable, 
tiiat  Mr.  Calhoun  caino  forward  and  denounced 
those  nieaMiies  which  h(!  knew  were  not  only 
impliedly,  but  positively  authorized  by  the  Presi- 
dent himself.  Ho  projwsed  to  take  i)rcpnratory 
stops  for  tlio  punishment  of  General  .lackson. 
whoso  ^honest  and  patriotic  mittiren  he  never 
doubted,^  for  tho  violation  of  orders  which  ho 
admits  wcro  '  honestly  executed.''    That  he  cx- 

to  he  given  to  the  Spnnieh  government.''  By  the  ln«t  brunch 
of  tlio  Hiiswcr  tlio  (lenlnl  U  made  to  cinbraco  the  whole  eubjoct 
In  any  form  It  iiil;;lit  have  aMumed,  anil  thprcforo  deprives  Mr. 
Calhuan  of  nil  i;ri>und9  of  cavil  or  eocape  by  alleglnir  that  he  on- 
ly proposed n  military  inquiry,  and  not  an  arrest,  an<l  that  he 
did  not  thcrufore  answer  the  Inquiry  In  the  noitative.  But 
a^idn  when  Colonel  Hanilltan  submitted  to  Mr.  Calhoun  his  ro- 
eollcction  of  tiiu  conversation  that  Mr,  Calhoun  might  correct 
It  If  erroneous,  and  informed  him  that  he  did  so  because  he  In- 
tended to  conimuiilcate  in  to  Major  Lewis,  Mr,  Callioun  did  not 
(|U08tlon  the  correctness  of  Colonel  Hamilton's  recollection  of 
Uie  conversation;  he  does  not  qualify  or  alter  it;  he  dons  not 
say,  as  In  frankness  ho  was  bound  to  do—"  It  is  true,  tho  propo- 
sition to  arre-t  General  .Jackson  was  not  discussed,  but  an  Iniiul- 
ry  Into  his  conduct  in  that  war  was  discussed  on  a  proposition 
to  that  end  made  by  me."  lie  docs  not  8,iy  that  the  answer  to 
tho  Spanish  povcrninnnt  was  not  the  only  point  before  the  cab- 
inet, but  he  endeavors,  without  denying  as  was  allegeil  by  Colo- 
nel Hamilton  that  this  part  of  the  conversation  was  understood 
botween  them  to  bocontldential,  to  prevent  him  from  making 
It  public,  and  to  that  end  and  that  alone  he  writes  a  letter  of  ten 
pages  on  the  sacredness  of  cabinet  deliberations.  '^Vhy,  let  us 
ask,  did  Mr.  Ciilhoun  upon  reflection  feel  so  much  solicitude  to 
prevent  a  disclosure  of  his  answer  to  Colonel  Handlton,  which  if 
true  could  not  injure  him  ?  At  first,  althougli  put  upon  his  guard 
he  admits  that  this  part  of  the  conversation  was  not  cot  *1dential, 
although  It  referred  to  what  was,  as  well  as  what  was  not  done 
In  cabinet  council.  The  reason  Is  to  be  foun<l  In  his  former  In- 
volutions, and  in  the  fact  that  the  answer  was  not  true,  and  in 
his  apprehension  that  If  that  answer  was  made  public,  Mr. 
Crawford,  who  entertained  the  worst  opiidons  of  Mr.  Calhoun, 
■nd  who  hnd  suffered  In  General  Jackson's  opinion  on  this  sub- 
ject, would  imiiiediutely  disclose  the  whole  truth,  as  he  has  since 
done ;  and  that  tlins  the  veil  worn  out,  of  the  sacredness  of  cabi- 
net deliberations  under  which  Mr.  Calhoun  upon  second  thought 
had  endeavored  to  conceal  himself,  would  be  raised,  and  he 
would  be  exposed  to  public  Indignation  and  scorn.  This  could 
alone  be  the  molive  for  his  extreme  anxiety  to  prevent  Colonel 
Hamilton  from  comniunicatingthe  result  of  an  Inquiry  made 
bv-hltnftom  the  be-tand  purest  motives,  to  the  persons  who 
hail  prompted  that  inquiry  fl^om  like  mollvea. 


IK'cte*]  to  siircpf'd  with  liis  pn>[iosition  m)  i„^, 
thero  wns  a  iMiriicle  of  honor,  hon<s|y, or  i"n7| 
dene*'  left  to  I'rt'siilent  .Monroe,  is  not  in  lie  m,,! 
(rincd.     The  movement  was  intend)  d  f,,f  1^,^^] 
future  rontin^'ency,  which  |K'rhnps  .Mr.  ('nl|,„„.  i 
iiiiiiM-lf  only  can  certainly  explain. 

'•  The slia|H! in  which  this  proposition  «hm  mailn 
is  variously  stated.  Mr.  (.'alhoun,  in  IIk;  iiririu« 
corresjiondcnce,  pnRo  1 ,"),  says  :  '  |  was  of  tin 
impression  that  you  iiad  exceeded  yoiir  ordir, 
and  acted  on  your  own  resfmnsiiiility,  Imi  i 
neither  (|uestioned  vour  patriotism  nor  voiirtno 
fives.  Helieving  that  where  orders  wen,-  train. 
coniled,  invcstijtation  as  a  matter  of  course  nu..)it 
to  follow,  as  duo  in  justice  to  tho  (.'ovtmintiit 
and  tho  officer,  unless  tlicro  fxs  stroni;  rimon. 
to  tho  contrary,  1  cnmo  to  tho  Icabiiuil  nnfi. i 
in^  under  tho  impression  that  the  usiinlroiir^ 
ou)(ht  to  bo  pursued  in  this  case,  which  I  wy 
ported  by  presenting  fully  and  freely  all  \\A 
arguments  that  occurred  to  me.' 

•■  Mr.  Crawford,  in  his  letter  to  Mr.  Forsvth 
jiublished  in  tho  same  «)rrcspondenco,  pa^r't,  \\ 
says :  '  Mr.  Calhoun's  proposition  in  the  caUni  t  j 
was.  that  General  Jackson  should  ho  piiiiislin!  [ 
in  some  form,  or  reprehended  in  some  foim,  I  am  I 
not  positively  certain  which.'  I 

'■Mr.  Adams,  in   a  letter   to  Mr.  Crawford 
dated  30th  July,  1830,  soys:  'The  main  pnuiti 
uj)on  which  it  was  urged  that  General  Jackson  I 
should  bo  brought  to  trial,  was,  timt  lie  had  I 
violated   his  orders   by  taking  St.  Jlaiks  oui 
Pensacolo.' 

"  Mr.  Crowninshield,  in  a  letter  to  ^Mr.  Craw. 
ford,  dated  25th  July,  1830,  soys:  'I  rcimm- 
ber  too,  that  Mr.  Calhoun  was  severe  ii])on  tliel 
conduct  of  General  Jackson,  but  the  wonls  par  [ 
ticulorly  spoken  have  slipped  my  memory.'       I 

"From  the  united  testimony  it  ap|M-ars  tktl 
Mr.  Calhoun  made  a  proposition  for  a  court  ol  f 
inquiry  up<m  tho  conduct  of  General  Jackson! 
upon  the  charge  of  having  violated  his  orders  it  I 
taking  St.  Marks  and  Pensacolo,  with  a  view  to  I 
his  ultimate  trial  and  punishment,  and  tliat  tie  I 
was  severe  in  his  remarks  upon  that  conduct. [ 
But  the  President  would  listen  to  no  such  pro- 1 
po.sition.  Mr.  Crawford,  in  his  letter  to  .Mr  f 
Calhoun,  dated  2d  October,  1830,  says:  'Youl 
remembered  the  excitement  which  your  propol 
siti(m  produced  in  the  mind  and  on  the  feelinesi 
of  the  President,  and  did  not  daro  to  »sk  him  I 
any  question  tending  to  revive  his  recollcctioiij 
of  that  proposition.'  This  excitement  was  very  I 
natural.  Hearing  the  very  member  of  his  cabi[ 
net  whom  he  had  consulted  upon  the  .subject  of  I 
General  Jack.son's  confidential  letter,  and  wtol 
had  advised  the  answer  which  had  approved  b>l 
forehand  the  capture  of  St.  Marks  and  Pensacolil 
and  who  on  the  8th  September,  1818,  wrote  ttl 
General  Jackson,  that  '  St.  Marks  will  be  n>| 
tained  till  Spain  shall  be  ready  to  ijarrison  ill 
with  a  sufficient  force,  and  Fort  (iadsdeii,  udl 
any  other  position  in  East  or  West  Florida  with- j 
in  tho  Indian  country,  which  may  lie  decmedl 
eligible,  will  be  retained  so  long  us  there  isaii;| 


ANNO  ISM.     AXnilKW  J.iKSON,  I'la^lDr.NT. 


177 


^n«fr.  which,  it  in  hojH'd,  will  nH'oriJ  tl«o  tlp^in-*! 
^iritv.'  mnko  a  iimiMisition  which  wtnt  to 
it«mi»  hif"  chftiui'liT  with  (ri'in'hiTy.  hy  the  |)un- 
•.hinfiit  of  <i<'nt>ml  •Incksoii  lor  thosr  very  nctn, 
j,  irtM  iiii)x)!4Mil>it>  thitt  Mr,  Monrix'  shoiiiil  not 
r.'fXiilc'l-  I'l'  ">">''  hiivo  Inrn  moru  than  hii- 
nMi).  or  lc^A<  to  havo  U-hfid  Mr,  Caihoiin  iittcr- 
■nt  violent  |iliiii|)|ii<'N  acninst  (irncral  JarkKon 
(ifthoKC  arts,  witiioiit  tho  tttronjrcst  ciiiDtion, 

-Mr,  Crtlhoiin'H  |)r<)|X)siti<)n  was  njcctfij,  as 
yknnw  it  wonid  Ik-,  ami  ho  came  fi-Dnj  U'liintl 
iheTi'il  of  raliinot  Ht'on-cy  all  smiles  and  profes- 
.»mK  of  rcniinl  and  frienilship  for  (icneral  Jack- 
din!  It  wa.s  then  that  hy  hiw  di-i-eitfiil  conver- 
aitidns  ho  inilnccd  (.Colonel  llayne  and  others  to 
ini'onn  General  .lackson,  that  so  far  from  thiiik- 
m  that  he  iiad  violated  liis  orders  and  (>iif;ht  to 
ln'punished.  ho  disapproved  and  only  nominally 
iiipiwrti'd  the  more  friendly  decision  of  the  cal)i- 
Mt.«nd  thought  with  him  altogether!  There 
was  no  half-way  feeling  in  /mV»  friendship!  So 
I  (Dmpli'te  anil  entire  was  tlie  deception,  that  while 
(lencral  Jackson  was  passing  throngh  Virginia 
I  the  next  winter  on  his  way  to  Washington,  he 
I  ti>astc<l  './<>/•»  C.  Culhnun,'  as  ^an  honest 
the  luMeHt  vork  of  God.'  Who  can 
[dint  the  workings  of  tho  guilty  Calhoun's  soul 
iithen  ho  read  that  toast ! ! 

"Hut  Mr.  Calhoun  was  not  content  with  tho 

I  ituck  made  by  him  njwn  ( Jeneral  Jackson's 

(huractcr  and  fame  in  tho  dark  recesses  of  Mr. 

.Monroe's  cabinet.     At  the  next  session  of  Con- 

Lress  the  samo  suhject  was  taken  in  hand  in 

both  houses.    Mr.  Cohb  camo  forwanl  with  his 

resolutions  of  censure  in  tho  Hou.so  of  lleproson- 

tatires,  where,  after  a  long  di.sciission,  the  assail- 

I  jnls  were  signally  defeated.     Mr.  Lacock  headed 

licomraitteo  in  the  Senate  which  was  engaged  in 

[the  affair  from  the  18th  December,  1818,  to  the 

|24lh  February,  1819,  when  they  made  a  report 

of  bitterness  against  General  Jackson.     It 

I  charged  him  with  a  violation  of  the  laws  and 

1  constitution  of   his    country  ;  disobedience    of 

I  orders;  disregard  of  the  principles  of  humanit}', 

lind  almost  every  crime  wliich  a  military  man 

lean  commit. 

"It  was  not  suspected  at  the  time  that  thin 
Irepoi't  owed  any  of  its  bitterness  to  Mr,  Calhoun, 
lyet  that  sucli  was  the  fact  is  now  susceptible  of 
I  the  strongest  proof! 

"While  the  attacks  upon  General  Jackson 
Iwere  in  progress  in  Congress  his  presence  in  the 
Icity  was  thought  to  l>o  necessary  by  his  friends. 
IColonel  Robert  Butler,  then  in  Washington, 
■wrote  to  him  to  that  effect.  A  few  days  after- 
Ivards  Mr.  G  dhoun  accosted  him,  and  a,sked  him 
lin  an  abrupt  manner  why  ho  had  writt,!n  to 
IGenerai  Jackson  to  come  to  the  city.  Colonel 
■Butler  answered,  'that  he  might  see  th*t  jus- 
was  done  him  in  person.'  Mr.  Calhoun 
[tumed  from  him  without  speaking  another  word 

rith  an  air  of  anger  and  vexation  wh).;h  made 
kn  indelib'e  impression  on  the  colon? I's  mind. 
Jit  was  obvious  enough  that  he  did  jioi  desire, 
|oat  rather  feared  General  Jackson's  jrcwnce  in 
Vol.  I.— 12 


the  city.  Colonel  Biitlrr'*  letter  to  General 
Jackoon,  dated  the  Vth  .liiiie,  1H:M,  in  in  the«e 
word* : 

••  •  When  in  Wa«hiiifti>n  in  the  winter  nf  iHlS 
-'1'*,  (iiidilig  the  ciiiir.»e  m  Inch  ('ii|ii;h>«m  ii|>|H>iiie(l 
to  Ik'  taking  on  the  .'^eliiiiinle  i|iie>>l|iin.  I  wmle 
voii  that  I  oteenied  it  ne(Tr,)i|(ry  that  ynu  shcnild 
\n'  presi-nt  at  Wiis)iin^rf(„|,  liuvmg  done  so,  I 
coniiiiiinicatod  this  fid  to  our  friend  llinnaii^h, 
who  held  the  then  .Secretary  nf  War  in  high  esti- 
(nation.  The  succ»>«'«ling  evening,  while  at  the 
French  Minister's,  he  cniiio  to  me  and  incpiired 
in  a  tone  Koinewtmt  nbnijit,  what  nmld  induce 
me  to  write  for  General  Jackson  to  come  to  the 
city — (Itronauph  having  informed  him  that  I  had 
doiio  so) — to  whir'h  I  re|)lied,  |HThaps  as  sternly, 
^llitit hirmaij  in  jtirfon  hurt'  instici-  dunr Itini.^' 
The  .Secretary  turned  on  his  lieel,  an>l  so  ended 
the  ronver.''ation  ;  l)ut  there  was  a  something  in- 
e.\|)lica))lo  in  tho  countenance  that  subscfpient 
events  have  given  meaning  to.  After  your  arri- 
val at  Washington,  we  were  on  a  visit  at  the 
.Secretary'.s,  and  examining  a  ma|) — (the  bellow 
Stone  expciiition  of  the  Secretary's  being  the 
subject  of  conversation) — Mr.  Lacock,  of  tho 
Senate,  was  announced  to  the  Secretary,  who  re- 
marked— '"Do  not  let  him  come  in  now,  General 
Jackson  is  here,  hut  will  soon  Ikj  gone,  when  I 
can  see  him."  There  was  nothing  strange  in  all 
this ;  but  tho  whispered  manner  and  apparent 
agitation  fastened  on  my  mind  the  idea  that  Mr. 
Calhoun  and  Lacock  understood  each  other  on 
the  Seminole  matter.  Such  were  my  impres- 
sions at  the  time.' 

'■On  my  arrival,  however,  in  January,  1819, 
Mr.  Calhoun  treated  me  with  marked  kindness. 
The  latter  part  of  Colonel  Butler's  letter,  as  to 
Mr.  Lacock.  is  confirmed  by  my  own  recollection 
that  one  day  when  IVFr.  Calhoun  and  myself 
were  together  in  the  War  Department,  the  mes- 
senger announced  Mr.  Lacock  at  tho  door:  Mr. 
Calhoun,  in  a  hurried  manner,  pronounced  the 
name  of  General  Jackson,  ami  Mr.  Lacock  did 
not  come  in.  This  circumstance  indicated  an 
intimacy  between  them,  but  I  inferred  nothing 
from  it  unfavorable  to  Mr.  Calhoun. 

'•  In  speaking  of  my  confidential  letter  to  Mr. 
Monroe  (printed  correspondence,  page  19),  Mr. 
Calhoun  states,  that  after  reading  it  when  re- 
ceived, 'I  thought  no  more  of  it.  Long  after,  I 
think  it  was  at  tho  commencement  of  the  next 
session  of  Congress,  I  heard  some  allusion  whicli 
brought  that  letter  to  my  recollection.  It  was 
from  a  quarter  which  induced  me  to  believe  that 
it  came  from  Mr.  Crawford.  I  called  and  men- 
tioned it  to  Mr.  Monroe,  and  found  that  he  had 
entirely  forgotten  tho  letter.  After  searching 
some  time  he  found  it  among  some  other  pa- 
pers, and  read  it,  as  he  told  uic,  for  the  first 
time.' 

"  The  particular  '  quarter '  whence  the  '  alltf 
sion  '  which  called  up  the  recollection  of  this 
confidential  letter  came,  Mr.  Calhoun  has  not 
thought  proper  to  state.  Probably  it  was  Mr. 
Lacock,  who  was  the  friend  of  Mr.  Crawford. 


178 


THIUTY  VKAKS-  VIKW. 


I'r>.liii1.1y  Im-  n|i|ili(<l  t-i  >Ir.  Ciillinnn  for  iiifur- 
iiifitioii.  iiihI  Mr.  ('.illioiiii  went  In  llif  I'nHiilint, 
Utiil  ri'>|ili'Htri|  »  hi^'lit  'if  ttint  Irlirr  lliiit  h<> 
tni^'ht  <;iitritiiuni<'iitr  iti«  MnitciitH  t'>  Mr.  I,acii<'k, 
Mr.  I.iirock  wuH  np|M)ii"M|  ii|ii)ii  tliu  C'ltiiiiiiftft' 
III  tlif  Siiiiiniili'  wiii.viii  tin-  iMli  htcriiilMT. 
Kn  llie  'Jlnt  ol'  tliiit  'i.iiiifli  llii-  icc'llti'tiiiii  of 
fill' condilciitiiil  lA'.rf  wii"  llr."l  ill  tin-  iiiiml  i<f 
Mr.  Miiiiripv,  fur  on  vniit  ilny,  in  a  litlir  1"  <mii- 
•Tiil  jHckNoti,  ln)  •/<>■{:*  ikti  ncroiiiit  of  its  rt'cc|»- 
tioii,  mill  ilio  (liH|,iif<itifin  iiiiuir  of  it.  I'rolmlily, 
f  lii'i«-foriv  it  wii,i  alioiit  tin-  liiiic  lliiit  .Mr.  I.ucurk 
iiinlt'rtook  the  iiivt'>'li|:iition  of  tliiM  iillhir  in  ttic 
S«-imti'.  mill  tlint  il  wiim  f'lr  liin  inforiiuitiiui  tliiit 
.Mr.  Ciiiliimii  nilk'il  on  Mr.  MuiiPiis  to  imiuire 
ul)oiit  tliiH  k'tttr. 

"  Nay,  it  in  crrfir'n  tliiit  tlu'  i-.xiKfpnco  mid 
('ontfnt.i  of  tliid  li'ttur  irrri'  iilioiit  (hat  lime 
roiiniiiinirtileif  to  Mr.  Iiurncl,-;  Hint  If  raii- 
riTSf./J'rri'li/nnil  Tr/irdtedli/  icith  Mr.  ('iilhnun 
u]niii  the.  vhih  Hiihjvrt ;  thitt  hi'  V11.1  infiirmrd 
iff  all  that  hull  pii.isiil :  the  vifirn  af  thi'  l*rvAi- 
iti'iit,  of  Mr.  Citlhiiiiti,  unit  the  ciihinct,  mid 
that  .Mr.  Calhintn  cuiiirided  with  Mr.  Liiciirk 
ill  all  his  r /('«•.•». 

"TIh'80  factH  nru  Ptatcd  upon  thn  aulhorilij 
11/  Mr.  Litcock  hiiiiKi-lf. 

"'rhetiiotlvosof  tliL'se  Hcpret  commiinicntiona 
to  Mr.  Lncock  by  Mr.  Calhoun  cannot  be  niiH- 
tiiken.  Hy  comimniicntinR  the  contents  of  the 
confidential  letter,  and  withholding  the  fact 
that  an  njiproving  nnMwer  had  been  returned, 
he  wished  to  impress  Mr.  Lncock  with  the  be- 
lief that  General  Jackson  had  predetermined 
lieforc  he  entered  Florida,  to  seize  the  Spanish 
|)ost8,  right  or  wrong,  with  orders  or  without. 
Acting  under  this  impression,  ho  would  be  pre- 
pared to  discredit  and  disbelieve  all  General 
Jackson's  explanations  and  defences,  and  put 
tl»e  worst  construction  upon  every  circumstance 
disclosed  in  the  investigation,  lly  this  perfidy 
General  Jackson  was  deprived  of  all  opportu- 
nity to  make  an  cH'octual  defence.  To  him  Mr. 
Calhoun  was  all  smiles  and  kindness.  He  be- 
lieved him  bis  friend,  seeking  by  all  proper 
means,  in  public  and  private,  to  shield  him  from 
the  p.tiackb  of  his  enemies.  Having  implicit 
confidence  In  Mr.  Calhoun  and  the  President, 
ho  would  sooner  have  endured  the  tortures  of 
the  inquisition  than  have  disclosed  their  answer 
to  his  letter  through  Mr.  Rhea.  Tho  tie  which 
ho  felt,  Mr.  Calhoun  felt  not.  He  did  not 
scruple  to  use  one  side  of  a  correspondence  to 
destroy  a  man,  his  friend,  who  confided  in  him 
with  the  faitfi  and  affection  of  a  brother — when 
he  knew  that  man  felt  bound  by  obligations 
from  which  no  considerations  short  of  a  know- 
ledge of  his  owii  perfidy  could  absolve  him,  to 
hold  tho  other  side  m  eternal  silence.  General 
Jackson  had  no  objection  to  a  disclosure  of  the 
'  whole  correspondence.  There  was  nothing  in  it 
of  which  he  was  ashamed,  or  which  on  his  own 
account  li«  wished  to  ':onccal.  Public  policy 
made  it  inexpedient  chat  i.he  world  should 
know  at  that  time  how  far  tLi  government  Lad 


Hp|iriivi'd  NT'irrlmiid  of  hi'*  |>riin'i'iliii^>ii.  jj,. 
hml  III'  known  timf  .Mr.  ('mIIioiih  hu-<  iiit|.,n.,|, 
iiig  to  (lisfroy  biiii  by  titTMtly  imiiit'  oiu' ,',1^ 
of  llir  <'cirrt"<piiiiiK'm'*',  he  would  have  \h'vh  .^^^ 
tiflt'd  by  till'  liiwM  of  f<('lf-il('li'nr('  in  iimiii,,, 
kiioMii  the  ofliiT.  lb'  Kiiw  not,  hfanl  iintjnn' 
giiiril  not,  thiif  iiicmis  no  |K-rflilii>im  uiiil  iUhhun. 
oriibli'  wiTi'  in  ii'^c  to  dixtrov  hitii.  It  im,,. 
iiitirnl  lii'4  cotilliiiiig  heart  tliat  thi'  tmn,]  )„ 
nhook  with  tilt'  fordialitv  o'  wnnn  fridiil  «,. 
sirnfly  pointing  out  to  lii  tiieniios  thr  |iHtli  \,y 
wliii'h  flii-y  minht  nnibiiKca.'  ■  •'id  dottrnv  hini 
III'  WHS  iiicnpnliie  of  conri-ivinj,  tlin;  tlir  ln.n,  vhJ 
toiigui',  which  to  him  s|>akc  nothing  but  Id'ini. 
ni'ss,  was  srcntly  conveying  poison  into  ttu. 
inrs  of  Mr.  I.uonk,  and  other  nienibirs  of  Cm. 
gri'ss.  It  could  not  enter  his  mind  that  1,. 
confidential  lettrrs,  the  secrets  of  the  caKin,  1 
and  tho  o|iiiiioim  of  its  niem))crs,  were  all  f,'. 
cretly  arrayed  against  him  by  the  fintiil  ii, 
whom  he  implicitly  confided,  misiiitiT|irit(il 
and  distorted,  without  giving  him  an  opportu- 
nity  for  self  defence  or  explanation. 

"  Mr.  Calhoun's  object  was  accomplished.  Mr. 
I-ncock  made  a  report  far  transcending  in  hii! 
terness  any  thing  which  even  in  the  opinion  of 
(jiencral  Jackson's  enemies  the  evidence  scfmiij 
to  justify.  This  extraordinary  and  unnceouni- 
able  severity  is  now  explained.  It  proawkij 
from  the  secre-t  and  perfidious  represetitationj 
of  Mr.  Calhoun,  based  on  General  Jackson's  con- 
fidential letter.  Mr.  Lacock  ought  to  be  par- 
tially excused,  and  stand  before  tho  world  cum- 
paratively  justified.  For  most  of  the  iiiju.«tic<. 
done  by  his  report  to  the  soldier  who  hail 
risked  all  fur  his  country,  Mr.  Calhoun  it  tin 
respimaiblc  vian. 

''As  dark  as  this  transaction  is,  a  shade  ii  { 
yet  to  be  added.    It  was  not  enough  that  Gin- 
eral  Jackson  had  been  deceived  and  betrayed  I 
by  a  professing  friend ;  that  the  contents  of  hii 
confidential  correspondence  had  been  secretly 
communicated  to  his  open  enemies,  while  all  in- 
formation of  tho  reply  was  withheld :  it  w« 
not  enough  that  an  oflicial  report  overflowin: 
with    bitterness   had  gone  out   to  the  norlii 
to  blast  his  fame,  which  must  stand  for  eret 
recorded  in  the  history  of  his  country.    Lest 
some  accident  might  expose  the  evidences  of 
the  understanding  under  which  he  acted,  and 
the  duplicity  of  his  secret  accuser,  mcnns  inust  I 
be  taken  to  procure  tho  destruction  of  the  an- 
swer to  tho  confidential  letter  through  Jlr. 
Rhea.     They  were  these.    About  the  time  Jlr,  | 
Lacock  made  his  report  General  Jackson  ami 
Mr.  Rhea  were  both  in  the  city  of  Washington,  I 
Mr.  Rhea  called  on  General  Jackson,  as  he  said,  I 
at  the  request  of  Mr.  Monroe,  and  begged  hiinl 
on  his  return  home  to  burn  his  reply.    He  said  | 
the  President  feared  that  by  the  death  of  Gen- [ 
eral  Jackson,  or  some  other  accident,  it  mi^htl 
fall  into  the  hands  of  those  who  would  make  an  I 
improper  use  of  it.    He  therefore  conjured  him  I 
by  the  friendship  which  had  always  existed  bo  I 
tween  them  (and  by  his  obligations  as  a  brothct  I 


ANNO  |«3ft.     ANKKKW  .FA('K!*<>N,  rUR^IDKNT. 


170 


^viw)  to  Hrntmy  it  on  h'm  n-tiim  fn  N'Mhrilli'.  | 

l^rlifvitiK  Mr.  .M'<nr<M>  itn<l  Mr.  Citlliouii  to   U- 

,  4  c|i'Vii(r<l  fri«'ii<li«,  nii'l  imt  iK'cniini;  it  iiimnihlf 

"lilt  «nv  iiicidnit  cmilil  iHTiir  wJiiili  winilil  n'- 

Din-i'r  jiiftify  it«  ii»»>.  he  pnvc  Mr.  \{\ui\  tin* 

i,iMnii«'  1«'  f">lirit«'<l,  mut  mronlmirly  nhrr  liin  n-- 

„,rnti>  NaKtivilK*  hi*  liiinit  Mr.  Itht-aV  lettt-i  niid 

11  111!*  IfttiT-liook  <>|ii)oi<iti>  llif  ••"|iy  <>f  hii*  coiiM- ' 

,:iiii\l  littpr  to  .Mr.  .Monrot-  iiimlf  tliin entry  :— 

••  Mr.  Khni'ii  ItUf.r  in  nnawr  i»  burnt  lhi» 
■■llkAl>ril,  \H\'J.< 
••.Mr.  Cullioiin's  mnnnpomont  \vnn  thiin  fitr 
„ni|>l«'lt'ly  triumpliiuit.  )it<  Iih<I  Ki-crttly  »*• 
.iilfil  (ii'tientl  JackHon  in  Ciiltinct  rounril,  nnil 
fiii.ffl  it  to  b««  fnililiclv  annoiinct'il  that  ho  wan 
liJK  triinfl.  While  tfu*  contldinjr  nolditT  wan 
iinstmir  him  aa  'an  hnncHt  man,  thu  noMi-Ht 
v,,irl(  (if  doll,'  ho  wuM  ln'trayinjr  hix  ponfidcn- 
nil  cnrn-Kpondonco  to  hiH  enemy,  and  laying 
til,,  hum  «t  a  docnment  whirh  wan  intended  to 
!l,,.:t  liis  fi»mo  and  niin  his  character  in  the  e.><- 
ii!iiatiiin  of  his  countrymen.  Leet  wcident 
.!i<iiil(l  hring  the  truth  to  lifiht.  and  expoHe  his 
|ii|ilicity,  ho  procures  through  the  President 
anil  .Mr.  Hhfa  the  destruction  of  the  approving 
in<\vt'r  to  tho  confidential  letter.  Mr.  Rhea 
n*  an  old  man  and  Uencral  Jackson's  health 
irt'ljlc.  In  a  few  years  all  who  were  suppoHcd 
[I  liave  any  knowledjre  of  the  reply  would  1k5  in 
ihiir  (.'mves.  Every  trace  of  the  approval  niveu 
tnlori'hitnd  by  tho  povernment  to  the  opera- 
tions of  (icnenil  Jackson  would  soon  Ijc  obliter- 
iiiil,  iind  the  undivided  responsibility  would 
I  inrer  rest  on  his  head.  At  least,  should  acci- 
lient  or  policy  brinp;  to  liprht  the  duplicity  of 
Mr.  Ciilhoun,  he  minht  deny  all  knowledge  of 
this  reply,  and  challenge  its  production.  Ho 
nii;.'ht  de/end  his  course  in  the  cabinet  and  ex- 
tinimte  his  disclosures  to  Mr.  Lacock,  by  main- 
ninine  before  the  public  that  he  had  always 
klieved  General  Jackson  violated  his  orders 
an<i  oupht  to  have  been  punished.  At  the  worst, 
the  written  reply  if  once  destroyed  could  never 
tit  Kcnlled  from  tho  flames ;  and  should  Gen- 
t<nl  Jnckson  still  be  living,  his  assertion  might 
not  be  considered  more  conclusive  than  Mv. 
I'lillioun's  denial.  In  any  view  it  was  desirable 
M  iiim  that  this  letter  should  be  destroyed,  and 
through  his  management,  as  is  verily  believed, 
It  was  destroyed. 

"Happily  however  for  the  truth  of  history 
rni'l  the  cause  of  public  justice,  the  writer  of  the 
nplyis  still  alive;  ana  from  a  journal  kept  at 
the  time,  is  able  to  give  an  accurate  account  of 
this  transaction.  He  testifies  directly  to  the 
irrltipp  of  the  letter,  to  its  contents,  and  the 
Dicans  taken  to  secure  its  destruction.  Judge 
Hverton,  to  whom  the  letter  was  confidentially 
fho«n,  testifies  directly  to  the  existence  of  the 
letter,  and  to  the  fact  that  General  Jackson  af- 
terwards told  him  it  was  destroyed. 

■  Tliese,  with  the  statement  of  General  Jack- 
ton  himself,  and  the  entry  in  his  letter-book 
ivhich  was  seen  by  several  persons  many  years 
ifo,  tix  these  facts  beyond  a  doubt. 


" Certainly  the  hi»Jor^'  of  thr  world  nmmly 
pn<*ciit«  a  pnrnllcl  to  Ihit  tn«ii«Arii>in.  It  lux 
Iwrn  Kcrii  with  what  "f\«rify  .N|r.  Calhoun  df- 
iiniiiiifii  Mr,  Cniwtiii'd  f<ir  rexraliiig  the  m^-n  I 
pr<Mi>editii;'«  of  the  ctiliinet  :  with  what  jiintiie 
may  a  n'tnpf  of  lenlolij  ••  ««Tiiy  U-  niadi-  upon 
him,  when  he  not  oi.i  .cvenli*  to  .Mr.  I.i- 
eiH'k  the  prtM'iedinpM  of  the  cabinet,  hut  tl.p 
roiilideiiliiil  litter  of  a  contlding  friend,  not  f>>r 
the  lM>ni'tlt  of  tliiit  friend,  hut  through  niiMr(|>- 
reM'ntatioii  of  the  tranxaction  and  conivaliiii'iit 
of  the  reply,  to  aid  hix  eneinii's  in  arconipli."h- 
ing  his  dextiiietion.  It  wan  doulitle^N  ex|>ert('d 
that  Mr.  l.ncK'k  would  prodiuv  a  d<wiiiiieiit 
which  would  overwhelm  General  .larkiion  ami 
destroy  him  in  |>iihlir  estimation.  In  that  event 
the  proree«lingH  of  the  cabinet  would  no  longer 
have  Inen  lielil  nacreil.  The  ei roneoiin  impres- 
sion made  on  the  public  mind  would  have  Ihi ii 
corrected,  and  the  world  have  f)een  informed 
that  .Mr.  Calhoun  not  only  dinapproved  the  act** 
of  Genenil  Jackwon,  but  liad  in  the  cabinet  at- 
tempted in  vain  to  procure  his  punishment.  As 
the  matter  stood,  the  responsibility  of  attacking 
the  General  rested  <m  Mr.  Crawford,  and  hud  the 
decision  of  the  people  been  different,  tho  responsi- 
bility of  defend  ill);;  him  would  have  lioen  thrown 
exclusively  upon  Mr.  Adams,  and  Mr.  Calhoiu. 
would  have  claimed  the  merit  of  the  attack.  Itut 
until  the  public  should  decide,  it  was  not  pru- 
dent to  lose  the  friendship  of  (Jenoral  Jackson, 
which  might  be  of  more  service  to  Mr.  Calhoun 
than  the  truth.  It  was  thus  at  the  sacrifice  of 
every  principle  of  honor  and  friendship  that 
Mr.  Calhoun  managed  to  throw  all  responsibil- 
ity on  his  political  rivals,  and  profit  by  the  re 
suit  of  these  movements  whatever  it  might  be. 
It  cannot  be  doubted,  however,  that  Mr.  Col- 
houn  ex|)0cted  the  entire  prostration  of  Gene- 
ral Jackson,  and  ihh  naged  to  procure  the  destnic- 
tion  of  Mr.  Rhea's  letter,  for  the  purpose  of 
disarming  the  friend  he  hud  betrayed,  that  ho 
might,  with  impunity  when  the  public  should 
have  pronounced  a  sentence  of  condi  nuiation, 
have  come  forward  and  claimed  the  merit  of 
having  been  the  first  to  denounce  him. 

"The people  however  sustained  General  Jack- 
son against  the  attacks  of  all  his  enemies,  pub- 
lic and  private,  open  and  secret,  and  therefore  it 
became  convenient  for  Mr.  Calhoun  to  retain 
his  mask,  to  appear  as  the  friend  of  one  whom 
the  people  had  pronounced  their  friend,  and  to 
let  Mr.  Crawford  bear  the  unjust  imputation  of 
having  assailed  him  in  the  cabinet. 

"It  must  be  confessed  that  the  mask  was 
worn  with  consummate  skill.  Mr.  Calhoun  was 
understood  by  all  of  General  Jackson's  friends 
to  be  his  warm  and  able  defender.  When,  in 
1824,  Mr.  Calhoun  was  withdrawn  from  the 
lists  as  a  candidate  for  the  Presidency,  the  im- 
pression made  on  the  friends  of  General  Jack- 
son was  that  he  did  it  to  favor  the  election  of 
their  favorite,  when  it  is  believed  to  be  suscep- 
tible of  proof  that  he  secretly  flattered  the 
friends  of  Mr.  Adams  with  the  idea  that  he  w.as 


180 


TIIFUTY  YEAIIS'  VIEW 


h 


with  thim.  It  is  certain  that  for  the  Virc- 
Pri'siilcncy  ho  continiiuil  to  wciire  nearly  ail 
the  AiiaitiH  votes,  most  of  the  Jackson  votes, 
nn<l  even  lialf  of  the  (Jlay  votes  in  Kentucky. 
Uut  never  (lid  the  friends  of  (Jeneral  Jackson 
doiiht  Ilia  devotion  to  their  cause  in  that  con- 
test, until  the  publication  of  his  correspondence 
with  (Jeneral  Jackson.  In  u  note,  psige  7,  he 
undeceives  them  by  saying  : 

'"When  my  name  was  withdrawn  from  the 
list  of  presidential  candidates,  1  as.sumed  ajxr- 
fcetly  neutral  position  between  (ieneral  Juck- 
Ron  and  Mr.  Adams.  I  was  liecidedly  opposed 
to  a  conp-essional  caiicus,  as  both  those  (rentlc- 
men  were  also,  and  ns  I  bore  very  friendly  i)er- 
sonal  and  political  relations  to  both,  I  would 
have  been  well  satistied  with  the  election  of 
cither.' 

"  I  have  now  given  a  faithful  detail  of  the  cir- 
cumstances and  facts  which  transpired  touching 
my  movements  in  Florida,  during  the  Seminole 
campaign. 

"  When  Mr.  Calhoun  was  secretly  misinter- 
preting my  views  and  conduct  through  Mr. 
iSpcer  to  the  citizens  of  South  Carolina,  I  had 
e.Ktcndcd  to  him  my  fullest  conlidencc,  inas- 
much as  I  consulted  him  as  if  he  were  one 
of  my  cabinet,  showed  liim  the  written  rules 
by  which  my  administration  was  to  be  gov- 
erned, which  he  apparently  approved,  received 
from  him  the  strongest  professions  of  friend- 
ship, so  much  so  that  I  would  have  scorned 
even  a  suggestion  that  he  was  capable  of  such 
uuworthv  conduct. 

"AXDREAV  JACKSON." 

Such  is  tlio  paper  which  General  Jackson 
left  behind  him  for  publication,  and  which  is  so 
essential  to  the  understanding  of  the  events  of 
the  time.  From  the  rupture  between  General 
Jackson  and  Mr.  Callioun  (beginning  to  open 
in  1830,  and  breaking  out  in  1831),  dates  ca- 
lamitous events  to  this  country,  upon  which 
history  cannot  shut  her  eyes,  and  which  would 
be  a  barren  relation  without  the  revelation  of 
their  cause.  Justice  to  Mr.  ^lonroe  (who  seemed 
to  hesitate  in  the  cabinet  about  the  proposition 
to  censure  or  punish  Gen.  Jackson),  requires  it 
to  be  distinctly  brought  out  that  he  had  either 
neyer  read,  or  had  entirely  forgotten  General 
Jackson's  confidential  letter,  to  be  answered 
through  the  venerable  representative  from  Ten- 
nessee (Mr.  John  Rhea),  and  the  production  of 
which  in  the  cabinet  had  such  a  decided  influ- 
ence on  Mr.  Calhoun's  proposition — and  against 
it.  This  is  well  told  in  the  letter  of  Mr.  Craw- 
ford to  Mr.  Forsyth— i.s  enforced  in  the  "Expo- 
sition," and  referred  to  in  the  "  correspondence," 
but  deserves  to  be  reproduced  in  Mr.  Crawford's 


!  own  words.  lie  says :  ••  Indeed,  my  own  vic«< 
on  the  subject  liad  undergone  a  material  chan-* 
I  after  the  cabinet  hod  l)oen  convened.  Mr,Ci\llK,v., 
made  some  allusion  to  a  letter  the  Geniral  lia.l 
written  to  the  President,  who  had  forjioiti,, 
I  that  he  had  received  such  a  letter,  hut  Kaid  if 
j  he  had  received  such  an  one,  he  could  find  jf 
,  and  went  directly  to  his  cabinet  and  brou;>iit  t!if 
I  letter  out.  In  it  General  Jackson  approve]  ci 
the  determination  of  the  government  to  break  n-, 
Amelia  Island  and  Galveston ;  and  gji^e  it  al>,j 
as  his  opinion  that  the  Florida.s  should  be  tak'  n 
by  the  United  States.  lie  added  it  mifilit  be  ;i 
delicate  matter  for  the  Executive  to  decide-  Lm 
if  the  President  approved  of  it,  h.e  had  only  ti 
give  a  hint  to  some  confidential  member  of  Con- 
gress, say  Mr.  Johnny  Hay  (Khea),  and  lie  wniiM 
do  it,  and  take  the  respon^'bility  of  it  on  liim. 
self.  I  asked  the  Pitoitlent  if  the  letter  hai] 
been  answered.  He  replied,  No ;  for  that  1; 
had  no  recollection  of  having  received  it.  1 
then  said  that  I  had  no  doubt  that  (Jeneral  Jack- 
son, in  taking  Pensacola,  believed  he  was  diiin^. 
what  the  Executive  wished.  After  that  kttir 
was  produced  imansivered  I  sliould  have  opiioavi 
the  infliction  of  punishment  upon  the  (jleneral, 
who  had  considered  the  silence  of  the  Prcsiduu 
as  a  tacit  consent.  Yet  it  was  after  this  letlir 
was  produced  and  read  that  Mr.  Calhoun  niailv 
his  proposition  to  the  cabinet  for  punishing  tliu 
General.  You  may  show  this  letter  to  .\Ir.  Cal- 
houn, if  you  please."  It  was  shown  to  him  bv 
General  Jackson,  as  shown  in  the  "correspond- 
ence," and  in  the  "Exposition ;"  and  is  only  ri- 
produced  here  for  the  sake  of  doing  justice  tc 
Mr.  Monroe. 


CHAPTER   LIV. 

BKEAKINO  UP  OF  TflE  C.\r>INET,  AND  ArPOIM 
MENT  OF  ANOTIIEE. 

Tiife  publication  of  Mr.  Calhoun's  pamplilet  wis 
quickly  followed  by  an  event  which  seemed  to  | 
be  its  natural  consequence — that  of  a  brcakinj 
up,  and  reconstructing  the  President's  cabinet, 
Several  of  its  members  classed  as  the  political  j 
friends  of  Mr.  Calhoun,  and  could  hardly  c.\-|K>ct 
to  remain  as  ministers  to   General  Jackson  | 
while  adhering  to  that  gentleman.    The  Swto  j 


ary  of  St^ito,  M 
™rv  of  future 


ANNO  1831.    AXnUKW  JACKSON,  nil^SIDKNT. 


181 


wrv  of  State,  Mr.  Van  IJurtn.  was  iti  the  cate- 
-.orv  of  future  presidential  nf^jiirautH;  and  in 
(liat  character  obnoxious  to  Mr.  Calhoun,  and 
l^ame  the  cause  of  attacks  tij)on  the  Pn-si- 
(ioiit.  He  determined  to  resign ;  and  that  de- 
itriiiination  carried  with  it  the  -oluntary,  or 
olilipitory  resipnations  of  all  the  other." — e.ich 
one  of  whom  publishecl  his  reasons  for  his  act. 
Ml'.  Eaton,  Secretary  at  War,  placed  liia  upon 
the  ground  of  original  disinclination  to  take  the 
<ha'.  n»d  a  design  to  quit  it  at  the  first  suita- 
l,!c  moment — which  he  believed  liad  now  arriv- 
1 1.  Mr.  Ingham,  Secretary  of  the  Treasurj', 
Mr.  Branch,  of  the  Navy,  and  Mr.  IJerrien,  At- 
liirncy  General,  placed  theirs  upon  the  ground 
( tHimpliance  with  the  President's  wishes.  Of 
ilic  three  latter,  the  two  first  classed  as  the 
fiicmis  of  Mr,  Calhoun  ;  the  Attorney  General, 
m  tlii^  occasion,  was  considered  ns  favoring 
liim,  but  not  of  hi.s  political  party.  The  unplea- 
uiit  business  was  courteously  conducted — 
iraneacted  in  writing  as  well  as  in  personal 
;nnTcrsations,  and  all  in  terms  of  the  utmost 
Iccorum.  Far  from  attempting  to  find  an  ex- 
•iisc  for  his  conduct  in  the  imputed  misconduct 
of  tlie  retiring  Secretaries,  the  President  giive 
ilii'in  letters  of  respect,  in  which  he  bore  testi- 
mony to  their  acceptable  deportment  while 
ifsociated  with  him,  and  placed  the  required 
resignations  exclusively  on  the  ground  of  ii  de- 
tonnination  to  reorganize  his  cabinet.  And, 
111  f;ict,  that  determination  became  unavoidable 
afier  the  appearance  of  Mr.  Calhoun's  pam- 
fihlet.  After  that  Mr.  Van  Burcn  could  not  re- 
main, as  being  viewed  under  the  aspect  of 
■  MorJecai,  the  Jew,  sitting  at  the  king's  yate." 
Mr.  Eaton,  as  his  supporter,  found  a  reason  to 
ilo  what  ho  wished,  in  following  his  example. 
The  supporters  of  Mr.  Calhoun,  howsoever  unex- 
ceptionable their  conduct  had  been,  and  might 
be,  could  neither  expect,  nor  desire,  to  remain 
among  the  Presidents  confidential  advisers 
after  the  broad  niptui*  with  that  gentleman. 
Mr.  Barry,  Postmaster  General,  and  the  first 
f  that  oflBce  who  had  been  called  to  the 
;;ibinet  councils,  and  classing  as  friendly  to 
Mr,  Van  Buren,  did  not  resign,  but  eoon  had 
his  place  vacated  by  the  appointment  of  min- 
'.fter  to  Spain.  Mr.  Van  Buren's  resignation 
ivas  soon  followed  by  the  appointment  of  min- 
ister to  London ;  and  Mr.  Eaton  was  made 
ilovernor  of  Florida :  and,  on  the  early  death 


of  Mr.   I'arry,  became   his   huocess<or   nt    M> 
drill. 

Tlie  new  cabinet  was  composed  of  Edwai'l 
Livin}:«ti>n  of  Louisiana,  .'"'wrctary  of  SU\tv\ 
Louis  .McLane  of  Delaware  (n'callod  from  tlu' 
London  mission  for  that  purpose),  Secretary  ot" 
the  Treasury;  Lewis  Ca,-s  of  Ohio,  Secretary 
at  War;  Levi  Woo<lbury  of  New  Ilampi-hir'', 
Secretary  of  the  Navy ;  Amos  Kendall  of  Ken- 
tucky, Postmaster  General;  Roger  Brooke 
Taney  of  Maryland,  Attorney  (ieneral.  This 
change  in  the  cabinet  made  a  great  figure  in  the 
party  politics  of  the  day,  and  filled  all  the  opjo- 
sition  newspajxTs,  and  had  many  sinister  rea- 
sons as.eigned  for  it — all  to  the  prejudice  of 
General  Jackson,  and  Mr.  Van  Buren  —  to 
which  neither  of  them  replied,  though  bavin;: 
the  ea.sy  means  of  vindication  in  their  hands— 
the  former  in  the  then  prepared  "  Expositiuir" 
which  is  now  first  given  to  the  public — the  lat- 
ter in  the  testimony  of  General  Jackson,  al.>o 
first  published  in  this  Thirty  Ykaks'  Vii:w, 
and  in  the  history  of  the  real  cause  of  the  breach 
between  General  Jackson  and  Mr.  Calhouji, 
which  the  "  Exposition  "  contains.  Mr.  Craw- 
ford was  also  sought  to  be  injured  in  the  pub- 
lished "  correspondence,"  chiefly  as  the  alleged 
divulger,  and  for  a  wicked  purpose,  of  the  pro- 
ceedings in  Mr.  Monroe's  cabinet  in  relation  to 
the  proposed  military  court  on  General  Jackson. 
Mr.  Calhoun  arraigned  him  as  the  divulger  of 
that  cabinet  secret,  to  the  faithful  keeping  of 
which,  as  well  as  of  all  the  cabinet  proceedings, 
every  member  of  that  council  is  most  strictly 
enjoined.  Mr.  Crawford's  answer  to  this  ar- 
raignment was  brief  and  pointed.  lie  denied 
the  divulgation — affirmed  that  the  disclosure 
had  been  made  immediately  after  the  cabinet 
consultation,  in  a  letter  sent  to  Nashville,  Ten- 
nessee, and  published  in  a  paper  of  that  city,  in 
which  the  facts  were  reversed — Mr.  Crawfonl 
being  made  the  mover  of  the  court  of  inquiry 
proposition,  and  Jlr.  Calhoun  the  defender  of 
the  General ;  and  he  expresed  his  belief  that 
Mr.  Calhoun  procured  that  letter  to  be  written 
and  published,  for  the  purpose  of  exciting  Gen- 
eral Jackson  against  him ;  (which  belief  the 
Exposition  seems  to  confirm) — and  declaring 
that  he  only  spoke  of  the  cabinet  proposition 
after  the  publication  of  that  letter,  and  for  the 
purpose  of  contradicting  it,  and  telling  the  fact, 
that  Mr.  Calhoun  made  the  proposition  for  tha 


II: 


1: 


!ir.X 


I  .,ft:'> 


i.n 


•I 


'  I  -■' 


1S2 


THIRTY  YEARS'  VIKW. 


court,  and  that  Mr.  AduniHiuul  liiinsulf  rcsiste<l, 
and  defeated  it.     His  words  were :  '•  My  apol- 
opy  for  having  disclosed  what  passed  in  a  cjibi- 
net  meeting,  i8thi8:  In  the  summer  after  that 
meeting,  an  extract  of  a  letter  from  Washing- 
ton was  published  in  a  Nashville  pai>er,  in  whicli 
it  was  stated  that  1  had   proposed  to  arrest 
General  Jackson,  but  that  he  was  triumphantly 
defended    by  Jlr.   Calhoun  and  Mr.  Adams. 
This  letter  I  have  always  believed  was  written 
by  Mr.  Calhoun,  or  by  hia  direction.    It  had 
the  desired  ellect.     General   Jackson  became 
extremely  inimical  to  me,  and  friendly  to  Mr. 
Calhoun,     In  stating  the  arguments  of  Mr. 
Adams  to  induce  Mr.  Monroe  to  support  Gen- 
eral Jackson's  conduct  throughout,  adverting 
to  Mr.  Monroe's  apparent  admission,  that  if  a 
young  officer  had  acted  so,  he  might  be  safely 
piwiished,    Mr.   Adams  said — that  if  General 
Jackson  had  acted  so,  that  if  he  liad  been  a 
subaltern  officer,  shooting  was  too  good  for 
him.    This,  however,  was  said  with  a  view  of 
driving  Mr.  Monroe  to  an  unlimited  support  of 
what  General  Jackson  had  done,  and  not  with 
an  unfriendly  view  to  the  General.    Mr.  Cal- 
houn's proposition   in  the  cabinet  was,  tliat 
General  Jackson  should  be  punished  in  some 
form,  I  am  not  positive  which.    As  Mr.  Cal- 
houn did  not  propose  to  arrest  General  Jack- 
son, I  feel  confident  that  I  could  not  have  made 
use  of  that  word  in  my  relation  to  you  of  the 
circumstances  which  transpired  in  the  cabinet." 
This  was  in  the  letter  to  Mr.  Forsyth,  of  April 
iiDth,  1830,  and  which  was  shown  to  General 
Jackson,  and  by  him  communicated  to  ^Ir.  Cal- 
houn;  and  which  was  the  sreond  thing  that 
brought  him  to  suspect  Mr.  Calhoun,  having 
repulsed  all  previous  intimations  of  his  hostility 
to  the  General,  or  been  quieted  by  Mr.  Cal- 
houn's answers.     The  Nashville  letter  is  strong- 
ly presented   in  the  "  Exposition "  as  having 
come  from  Mr.  vJalhoun,  as  believed  by  3Ir. 
Crawford. 

Upon  the  publication  of  the  "correspond- 
ence," the  Telegraph,  formerly  the  Jackson 
organ,  changed  its  couise,  as  had  been  revealed 
to  Mr.  Duncanson— came  out  for  Mr.  Calhoun, 
and  against  General  Jackson  and  Mr.  Van  Bu- 
ren,  followed  by  all  the  affiliated  presses  which 
awaited  its  lead.  The  Globe  took  the  stand 
for  which  it  was  established ;  and  became  the 
faithful,   fearless,   incorniptib>.  and  powerful 


supjwrter  of  General  Jackscm  and  his  admi'ii* 
tration,  in  the  long,  vehement,  and  evtutm 
contests  in  which  he  became  cnpapcd 


CHAPTER    LV. 

MILlTAi:V  AtADKMY. 

The  small  military  establishment  of  tlie  Uulu,] 
States  seemed  to  be  almost  in  a  state  of  disso!,. 
tion  about  this  time,  from  the  frequency  of  di. 
sertion ;  and  the  wisdom  of  Congress  was  taxi-.j 
to  find  a  remedy  for  the  evil.  It  could  divi-i 
no  other  than  an  increase  of  pay  to  the  rank 
and  file  and  non-comiuissioned  officers ;  whid, 
upon  trial,  was  found  to  answer  but  little  imr 
pose.  In  an  army  of  GOOO  the  desertions  win 
1450  in  the  jear ;  and  increasing.  Mr.  Macon 
from  his  home  in  North  Carolina,  having  jii, 
attention  directed  to  the  subject  by  the  debatit 
in  Congress,  wrote  me  a  letter,  in  which  he  Jaiij 
his  finger  upon  the  true  cause  of  these  dci-ir 
tions,  and  consequently  showed  what  should  bi 
the  true  remedy.    lie  wrote  thus : 

"Why  does  the  army,  of  Lite  years,  do.ser 
more  than  formerly  ?  Because  the  officers  liavt 
been  brought  up  at  West  Point,  and  not  ainii!;; 
the  people.  Soldiers  desert  because  not  attacli- 
ed  to  the  service,  or  not  attached  to  the  officer?. 
West  Point  cadets  prevent  the  promotion  nt 
good  sergeants,  and  men  cannot  like  a  senia 
which  denies  them  promotion,  nor  like  oflicer- 
who  get  all  the  commissions.  The  increase  f  f 
pay  will  not  cure  the  evil,  and  nothing  but  pm- 
motion  will.  In  the  Revolutionary  urniy,  wi 
had  many  distinguished  officers,  who  eiitertd 
the  army  as  privates. " 

This  is  wisdom,  and  besides  carrying  convic- 
tion for  ♦he  truth  of  all  it  says,  it  leads  to  rc- 
flectior  upon  the  nature  and  efl'ects  of  our  na- 
tional military  school,  which  extend  beyoud 
the  evil  which  was  the  cause  of  writing  it.  Since 
the  act  of  1812,  which  placed  this  institution 
upoii  its  present  footing,  giving  its  students  a 
legal  right  to  appointment  (as  constructed  and 
practised),  it  may  be  assumed  that  there  is  ndt 
a  government  in  Europe,  and  has  been  none 
since  the  commencement  of  the  French  revolu- 1 
tion  (when  the  nobles  had  pretty  nearly  a  mo-  j 
nopoly  of  army  appointments),  so  unfriend!) 
to  the  rights  of  the  people,  and  giving  such  uii' 


ANNO  1831.     ANDREW  JACKSOX,  I'Ul^SIDKNT. 


183 


4,;e  advantages  to  some  parts  of  .ho  cuinniu 
r.tv  ovc  the  rest.  Ollicerb  -r.  v  rise  from 
,iie  nnl'B  in  all  the  countriea  ■  i^urojK; — in 
\iijtria,  Russia,  Prussia,  as  well  c?  in  (in-at 
liritiii",  '"f  which  there  are  constant  and  ilhis- 
trious  examples.  Twenty-three  marshals  of 
the  empin  rose  from  the  ranks — amonjj  them 
\i.v.  .Mass-na,  Oudinot,  Murat,  Soult,  Berna- 
il,tte.  In  Great  Britain,  notwithstanding  her 
Hoyal  Military  College,  the  largest  part  of  the 
f.mmissiona  are  now  given  to  citizens  in  civil 
life,  and  to  non-commissioned  officers.  A  re- 
turn lately  made  to  parliament  shows  that  in 
tighteen  years — from  1830  to  1847 — the  number 
of  citizens  who  received  commissions,  was  1,200 ; 
the  number  of  non-commissioned  officers  pro- 
moted, was  446 ;  and  the  runibcr  of  cadets  ap- 
pointed from  the  Royal  Military  College  was 
4;3.  These  citizen  appointments  were  exclusive 
of  those  who  purchased  commissions — another 
mode  for  citizens  to  get  into  the  British  army, 
and  which  largely  increases  tlie  number  in  that 
'lass  of  appointments — sales  of  commissions, 
with  the  approbation  of  the  government,  being 
tiicre  valid.  But  exclusive  of  purchased  commis- 
fions  during  the  same  period  of  eighteen  years, 
the  number  of  citizens  appointed,  and  of  non- 
wmraissioned  officers  promoted,  were,  together, 
nearly  four  times  the  number  of  government 
cadets  appointed.  Now,  how  has  it  been  in  our 
se,\ije  during  any  equal  number  of  years,  or  all 
he  years,  since  the  Military  Academy  got  into 
full  operation  under  the  act  of  1812 1  I  confine 
the  inquiry  to  the  period  subsequent  to  the  war  of 
1()12,  for  during  that  war  there  were  field  and 
aiicral  officers  in  service  who  came  from  civil 
life,  and  who  procured  the  promotion  of  many 
tueritorious  non-commissioned  officers  ;  the  act 
not  having  at  first  been  construed  to  exclude 
them.  How  many  ?  Few  or  none,  of  citizens  ap- 
pointed, or  non-commisioncd  officers  promoted 
-only  in  new  or  temporary  corps — the  others 
I  being  held  to  belong  to  the  government  cadets. 
I  will  mention  two  instances  coming  within 
I  my  own  knowledge,  to  illustrate  the  difficulty 
«f  obtaining  a  commission  for  a  citizen  in  the 
regular  regiments — one  the  case  of  the  late  Capt. 
Hermann  Thorn,  son  of  Col.  Thorn,  of  New- 
York.  The  young  man  had  applied  for  the  place 
of  cadet  at  West  Point ;  und  not  being  able  to 
obtain  it,  and  having  a  strong  military  turn,  he 
Mught  service  in  Europe,  and  found  it  in  Aus- 


tria; and  was  admitted  ijito  a  hussar  n'pimenl 
on  the  continc'S  of  Turkey,  without  coniMii^.-sion, 
but  with  the  pay,  clolhiii;;,  and  rutiun  of  a  wr- 
poial;  with  the  privilofie  of  as^'ociiuliig  with 
olIicLTS,  and  a  right  to  exjK^ct  a  comnii.s.sion  if 
he  proved  himself  worthy.  Those  ure  the  i-xact 
terms,  substituting  sergeant  for  cor|)oral,  on 
which  cadets  were  rcciived  into  the  army,  and 
attached  to  companies,  in  Washington's  time. 
Young  Thorn  proved  himself  to  be  worlliy ;  re- 
ceived the  commission ;  rose  in  five  years  to  the 
rank  of  first  lieutenant;  when,  the  warbreaklii" 
out  Iwtween  the  United  States  and  Mexico,  ht) 
asked  leave  to  resign,  was  permitted  to  do  so, 
and  came  home  to  ask  ser^•ice  in  the  regular  ar- 
my of  the  United  States.  His  application  was 
made  through  Senator  Cass  and  othent,  he  only 
asking  for  the  lowest  place  in  the  gradation  of 
officers,  so  as  not  to  interfure  with  the  right  of 
promotion  in  any  one.  The  application  was  re- 
fused on  the  ground  of  illegality,  he  not  having 
graduated  at  West  Point.  Afterwards  1  took 
up  the  case  of  the  young  man,  got  President  Polk 
to  nominate  him,  sustained  the  nomination  be- 
fore the  Senate ;  and  thus  got  a  start  for  a  young 
officer  who  soon  advanced  himself,  receiving  two 
brevets  for  gallant  conduct  and  several  wound;? 
in  the  great  battles  of  Mexico ;  and  was  after- 
wards drowned,  conducting  a  detachment  to 
California,  in  crossing  his  men  over  the  great 
Colorado  of  the  West. 

Thus  Thorn  was  with  difficulty  saved.  The 
other  case  was  that  of  the  famous  Kit  Carson 
also  nominated  by  President  Polk.  I  was  not 
present  to  argue  his  case  when  he  was  rejected, 
and  might  have  done  no  good  if  I  had  been,  the 
place  being  held  to  belong  to  a  cadet  that  was 
waiting  for  it.  Carson  was  rejected  because  he 
did  not  come  through  the  West  Point  gate.  Be- 
ing a  patriotic  man,  he  has  since  led  many  ex- 
peditions of  his  countrymen,  and  acted  as  guido 
to  the  United  States  officers,  in  New  Mexico, 
where  ho  lives.  lie  was  a  guide  to  the  detach- 
ment that  undertook  to  rescue  the  unfortunate 
Mrs.  White,  whose  fate  excited  so  much  com- 
miseration at  the  time ;  and  I  have  the  evidence 
that  if  he  had  been  commander,  the  rescue  would 
have  been  eflected,  and  the  unhappy  woman 
saved  from  massacre. 

This  rule  of  appointment  (the  graduates  of 
the  academy  to  take  all)  may  now  be  considered 
the  law  of  the  land,  so  settled  by  construction 


/ 


1      '  ,- 


.  M 


'H-    : 


184 


THIUTY  YVJiUiV  VIEW. 


and  pcnaf/)rial  ncquioficcncc ;  and  conscfiuently 
thill  no  American  citizen  is  to  enter  the  repilar 
nnny  e.\cei)t  tliroufrh  the  pate  of  tlic  Unite<l 
States  Military  Academy ;  and  few  can  reacli 
that  pite  except  throuj^h  the  wei^lit  of  a  family 
eonnection,  a  political  influence,  or  the  instni- 
mentality  of  a  friend  at  court.  (Jenius  in  ob- 
♦iciirit y  has  no  chance ;  and  the  whole  tendency 
of  the  institution  is  to  make  a  povcmmcntal,  and 
not  a  national  anny.  Appointed  cadet  by  the 
['resident,  nominated  olTiccr  by  him,  promoted 
upon  his  nomination,  holding  commission  at  his 
pleasure,  receiving  his  orders  as  law,  looking  to 
liiin  as  the  fountain  of  honor,  the  sourco  of  pre- 
ferment, and  the  dispenser  of  aprceable  and  pro- 
iitablc  employment — these  cadet  ofliccrs  nmst 
naturally  feel  themselves  independent  of  the 
jieoplc,  and  dependent  upon  the  President ;  and 
be  irresistibly  led  to  acquire  the  habits  and  fel- 
ings  which,  in  all  ages,  have  rendered  regular  ar- 
mies obnoxious  to  popular  governments. 

The  instinctive  sagacity  of  the  people  has 
long  since  comprehended  all  this,  and  conceived 
an  aversion  to  the  institution  which  has  mani- 
fested itself  in  many  demonstrations  against  it 
— sometimes  in  Congress,  sometimes  in  the 
State  legislatures,  always  to  bo  met,  and  trium- 
phantly met,  by  adducing  Washington  as  the 
father  and  founder  of  the  institution.— No  ad- 
duction could  be  more  fallacious.  Washington 
is  no  more  the  father  of  the  present  West  Point 
than  he  is  of  the  present  Mount  Vernon.  The 
West  Point  of  his  day  was  a  school  of  engineer- 
ing and  artillery,  and  nothing  more;  the  cadet  of 
his  day  was  a  young  soldier,  attached  to  a  com- 
pany, and  serving  with  it  in  the  field  and  in  the 
;amp,  "  with  the  pay,  clothing,  and  ration  of  ser- 
•eant"  (act  of  1794) ;  and  in  the  intervals  of  ac- 
ive  service,  if  he  had  shown  an  inclination  for  the 
profession,  and  a  capacity  for  its  higher  branch- 
es, then  ho  was  sent,  in  the  "  discretion  "  of  the 
President,  to  West  Point,  to  take  instraction  in 
those  higher  branches,  namely,  artillery  and  engi- 
neering, and  nothing  more.  All  the  drills  both  of 
oificer  and  private — all  the  camp  duty — all  the 
trainings  in  the  infantry,  the  cavalry,  and  the  rifle 
— were  then  left  to  be  taught  in  the  field  and 
the  camp— a  better  school  than  any  academy  ; 
and  under  officers  who  were  to  lead  them  into 
action- better  teachers  than  any  school-room 
professors.  And  all  without  any  additional 
expense  to  the  United  States. 


All  was  right  in  the  timcof  Wa-shinpton.  j.,,,' 
afterwards,  up  to  the  act  of  1812.  None  iH-cam,. 
cadets  then  but  those  who  had  a  stotnacli  f  ,f 
the  ha.'dships,  as  well  as  taste  for  the  plea.-iur(? 
of  a  soldier's  life — who,  like  the  Yoimg  Norv.v 
on  the  Cir.impian  Hills,  had  felt  the  soldi,  r\ 
blood  stir  in  their  veins,  and  longed  to  Ic  oil  t(> 
the  scene  of  war's  alarms,  instead  of  Rtnndin  - 
guard  over  flocks  and  herds.  Cadets  wero  ni,i 
then  sent  to  a  superb  school,  with  the  cmihi- 
ments  of  officers,  to  remain  four  years  at  public 
expense,  receiving  educations  for  civil  as  well  av 
military  life,  with  the  right  to  have  comnii.v- 
sions  and  be  provided  for  by  the  government ; 
or  with  the  secret  intent  to  quit  the  service  a- 
soon  as  they  could  do  better — which  most  of 
them  soon  do.  The  act  of  1812  did  the  itii,«. 
chief;  and  that  insidiously  and  by  construction, 
while  ostensibly  keeping  up  the  old  idea  of  ca- 
dets scning  with  their  companies,  and  only  de- 
tached when  the  President  pleased,  to  get  in- 
struction at  the  academy.  It  runs  thus :  "  Tlie 
cadets  heretofore  appointed  in  the  service  of  tlit 
United  States,  whether  of  artillery,  cavalry,  rifle- 
men, or  infantry,  or  maj'  be  in  future  appointed 
or  hereinafter  provided,  shall  at  no  time  exceed 
250 ;  that  they  may  be  attached,  at  the  discre- 
tion of  the  President  of  the  United  States  as 
students  to  the  Militarj'  Academy ;  and  be  sub- 
ject to  the  established  regulations  thereof." 

The  deception  of  this  clause  is  in  keeping  up 
the  old  idea  of  these  cadets  being  with  their 
companies,  and  by  the  judgment  of  the  Presi- 
dent detached  from  their  companies,  and  attacli- 
ed,  as  students,  to  the  Military  Academy.  The 
President  is  to  exercise  a  "discretion,"  by 
which  the  cadet  is  transferred  for  a  while  from 
his  company  to  the  school,  to  be  there  as  a  stu- 
dent ;  that  is  to  say,  like  a  student,  but  still 
retaining  his  original  character  of  quasi  officer 
in  his  company.  This  change  from  camp  to 
school,  upon  the  face  of  the  act,  was  to  be,  as 
formerly,  a  question  for  the  President  to  decide, 
dependent  for  its  solution  upon  the  militar)- 
indications  of  the  young  man's  character,  and 
his  capacity  for  the  higher  branches  of  the  ser- 
vice; and  this  only  permissive  in  the  President. 
lie  "may"  attach,  &c.  Now,  all  this  is  illu- 
sion. Cadets  are  not  sent  to  companies,  whe- 
ther of  artillery,  infantry,  cavalry,  or  riflemen, 
The  President  exercises  no  "  discretion  "  about 
detaching  them  from  their  company  and  attach 


ANNO  1881.     ANDREW  JU'KSON,  I'llESIltENT. 


Iftl 


5j  thoni  a."  »tiulcnti.     Tlii-y  arc  appointwl  as 
f indents,  and  k<»  rij;ht  oil'  to  school,  and  pi-t 
(,,iir  years'  education  at  the  public  cxponai'. 
whether  they  have  any  taPte  for  military  life,  or 
r„t.    That  is  the  first  larp;c  dea'ption  under 
the  act :  others  follow,  until  it  in  all  deception. 
Another  clau.sc  says,  the  cadet  shall  '•  sipn  arli- 
f'jij.  with  the  consent  of  his  parent  or  guardian, 
t )  serve  five  years,  unless  sooner  discharped." 
This  is  deceptive,  suggesting  a  6er\'ice  which  has 
no  existence,  and  taking  a  bond  for  what  is  not 
io  bo  performed.     It  is  the  language  of  a  sol- 
'icr's  enlistment,  where  there  is  no  enlistment ; 
jnd  was  a  fiction  invented  to  constitutionalize 
ilic  act.    The  language  makes  the  cadet  an  en- 
lifted  soldier,  bound  to  serve  the  United  States 
ihc  usual  soldier's  term,  when  this  paper  sol- 
ilicr— this  apparent  private  in  the  ranks — is  in 
reality  a  gentleman  student,  with  the  cmolu- 
iiieiits  of  an  officer,  obtaining  education  at  pub- 
lic expense,  instead  of  carrying  a  musket  in  the 
!  niilcs.    The  whole  clause  is  an  illusion,  to  use 
Lo  stronger  term,  and  put  in  for  a  purpose 
1  which  the  legislative  history  of  the  day  well 
exiilains ;  and  that  was,  to  make  the  act  consti- 
I  tiitional  on  its  face,  and  enable  it  to  get  through 
1  the  forms,  and  become  a  law.    There  were  mem- 
Urs  who  denied  the  constitutional  right  of 
Congress  to  establish  this  national  elcemosy- 
:ary  university ;  and  others  who  doubted  the 
pulley  and  expediency  of  ofiicering  the  army  in 
(his  manner.    To  get  over  these  objections,  the 
telection  of  the  students  took  the  form,  in  the 
statute,  of  a  soldier's  enlistment ;  and  in  fact 
they  sign  articles  of  enlistment,  like  recruits, 
but  only  to  appease  the  constitution  and  satisfy 
Kfuples ;  and  I  have  myself,  in  the  early  pe- 
riods of  my  service  in  the  Senate,  seen  the  ori- 
final  articles  brought  into  secret  session  and 
exhibited,  to  prove  that  the  student  was  an 
enlisted  soldier,  and  not  a  student,  and  there- 
ifore  constitutionally  in  service.    The  term  of 
[five  years  being  found  to  be  no  term  of  service 
|tt  all,  as  the  student  might  quit  the  service 
ithin  a  year  after  his  education,  which  many 
jofthem  did,  it  was  extended  to  eight ;  but  still 
ithout  effect,  except  in  procuring  a  few  years 
f  unwilling  service  from  those  who  mean  to 
'.nit;  as  the  greater  part  do.    I  was  told  by  an 
iScer  in  the  time  of  the  Mexican  war  that,  of 
irtv-six  cadets  who  had  graduated  and  been 
oniniiegioned  at  the  same  time  with  himself, 


there  were  only  about  half  a  dozen  then  in  ser- 
vice ;  so  th.it  this  great  nntionnl  cstuMi.shinciit 
is  mainly  i\  sciiool  for  the  pnituituus  eiluoatioii 
of  those  who  have  intluenco  to  pet  there.  The 
act  provides  that  tlie«e  student.-*  are  to  l)e  in- 
structed in  the  lower  n.'i  well  as  tiio  higher 
branche:'  of  the  military  art ;  they  are  to  [>e 
"  trained  and  titight  all  the  duties  incident  to 
a  reguhr  camp."  Now,  all  this  training  and 
teaching,  and  regular  camp  duty,  wa.i  done  in 
Washington'-'^  time  in  the  regular  ramp  itself, 
and  about  as  much  better  done  as  substance  is 
better  than  form,  and  reality  better  than  imit.i- 
tion,  with  the  advantage  of  training  each  oftlccr 
to  the  particular  arm  of  the  senicc  to  which  he 
was  to  belong,  and  in  which  he  would  be  ex- 
pected to  excel. 

Gratuitous  instruction  to  the  children  of  the 
living  is  a  vicious  principle,  which  has  no  foun- 
dation in  reason  or  precedent.  Such  instruc- 
tion, to  the  children  of  those  who  have  died 
for  their  country,  is  as  old  as  the  first  ages  of 
the  Grecian  republic.**,  as  we  learn  from  the 
oration  which  Thucydides  puts  into  the  mouth 
of  Pericles  at  the  funeral  of  the  first  slain  of 
the  Peloponnesian  war :  and  as  modern  as  the 
present  British  Mifitary  Royal  Academy ;  which, 
although  royal,  makes  the  sons  of  the  living 
nobility  and  gentry  pay ;  and  only  gives  gratu- 
itous instruction  and  support  to  the  sons  of 
those  who  have  died  in  the  public  service.  And 
so,  I  believe,  of  other  European  military  schools. 

These  are  vital  objections  to  the  institution ; 
but  they  do  not  include  the  high  practical  evil 
which  the  wisdom  of  Mr.  Macon  discerned,  and 
with  which  this  chapter  opened — namely,  a  mo- 
nopoly of  the  appointments.  That  ii>  effected 
in  the  fourth  section,  not  openly  and  in  direct 
terms  (for  that  would  have  rendered  the  act  un- 
constitutional on  its  face),  but  by  the  use  of 
words  which  admit  the  construction  and  the 
practice,  and  therefore  make  the  law,  which  now 
is,  the  legal  right  of  the  cadet  to  receive  a  com 
mission  who  has  received  the  academical  diplo 
ma  for  going  through  all  the  classes.  This  gives 
to  these  cadets  a  monopoly  of  the  offices,  to  the 
exclusion  of  citizens  and  non-commissioned  offi 
cers ;  and  it  deprives  the  Senate  of  its  constitu- 
tional share  in  making  these  appointments.  By 
a  "  regulation,"  the  academic  professors  are  to 
recommend  at  each  annual  examination,  five 
cadets  in  each  class,  on  account  of  their  particu 


-'7 


il-i.«- 

it '!  ' 


18G 


TiiruTV  yi:aiis'  vikw. 


lar  merit,  w  lioin  the  PriKidi-'nt  is  to  iittacli  to 
coinpaniij".  Tliis  fximngi-s  the  Senate,  opens 
the  ihxir  {it  tliat  favoritism  whicli  natural  \m- 
rontfi  find  it  hard  to  repress  anioiip  their  own 
rhildren,  and  which  is  proverbial  among  teach- 
ers. By  tlie  constitution,  and  for  a  preat  pub- 
lic purpose,  and  not  as  a  privilefre  of  the  body, 
tiie  Senate  is  to  have  an  advising  and  consenting 
power  over  the  army  appointii;enta :  b}-  practice 
.'ukI  construction  it  is  not  the  President  and  Sen- 
ate, but  tiie  President  and  tlie  academy  who 
appoint  the  oflicers.  The  President  sends  the 
student  to  the  academy:  the  academy  gives  a 
di])Ionia,  and  that  gives  him  a  riglit  to  the  com- 
mission— the  Senate's  consent  being  an  obliga- 
tory form.  'J'he  President  and  tlie  academy 
are  the  real  appointing  power,  and  the  Senate 
nothing  but  an  office  for  the  registration  of  their 
appointments.  And  thus  the  Senate,  by  con- 
struction of  a  stiitute  and  its  own  acquiescence, 
has  ceased  to  have  control  over  these  appoint- 
ments :  and  the  whole  body  of  army  oflicers  is 
fast  becoming  the  mere  creation  of  the  Presi- 
dent and  of  the  military  academy.  The  effect 
of  this  mode  of  appointment  will  be  to  create  a 
governmental,  instead  of  a  national  army ;  and 
the  effect  of  this  exclusion  of  non-commissioned 
ollicers  and  privates  from  promotion,  will  be  to 
degrade  the  regular  soldier  into  a  mercenary, 
sei'ving  for  pay  without  aflcction  for  a  country 
\vliich  dishonors  him.  Hence  the  desertions 
and  the  correlative  evil  of  diminished  enlistments 
on  the  part  of  native-born  Americans. 

Courts  of  law  have  invented  many  fictions  to 
facilitate  trials,  but  none  to  give  jurisdiction. 
The  jurisdiction  must  rest  upon  fact,  and  so 
should  the  constitutionality  of  an  act  of  Con- 
gress; but  this  act  of  1812  rests  its  constitu- 
tionality upon  fictions.  It  is  a  iictiou  to  sup- 
pose that  the  cadet  is  an  enlisted  soldier — a 
fiction  to  suppose  that  he  is  attached  to  a  com- 
pany and  thence  transferred,  in  the  "  discretion  " 
of  the  President,  to  the  academy — a  fiction  to 
suppose  that  he  is  constitutionally  appointed  in 
the  army  by  the  President  and  Senate.  The 
very  title  of  the  act  is  fictitious,  giving  not  the 
least  hint,  not  even  in  the  convenient  formula 
of  "other  purposes  "  of  the  great  school  it  was 
about  to  cr.:ite. 

It  is  entitled,  "An  act  making  further  pro- 
vision for  the  corps  of  engineers ; "  when  five 
out  of  the  six  sections  which  it  contains  goto 


make  further  provision  for  two  hundred  and  ff 
ty  students  at  a  national  military  and  civil  m 
versity.  As  now  constituted,  our  nciuUniv  ', 
an  imitation  of  the  European  military  .iclii^,i, 
which  create  governmental  and  not  national  of. 
fleers — which  make  routine  oflicers,  but  ram,  • 
create  military  genius — and  which  block  np  i|, 
way  against  genius — especially  barefooted  i-i- 
nius — such  as  this  country  abounds  in,  ai;,i 
which  the  field  alone  can  develope.  "  My  diii. 
drcn, " — the  French  generals  were  accustonui] 
to  say  to  the  young  conscripts  during  the  licv- 
olution — "  My  children,  there  are  some  captains 
among  you,  and  the  first  campaign  will  show 
who  they  are,  and  they  shall  have  their  places." 
And  such  expressions,  and  the  system  in  which 
they  are  founded,  have  brought  out  the  milita. 
ry  genius  of  the  country  in  every  age  and  na- 
tion,  and  produced  such  officers  as  the  schools 
can  never  make. 

The  adequate  remedy  for  these  evils  is  to  re- 
peal the  act  of  1812,  and  remit  the  academy  to 
its  condition  in  Washington's  time,  and  as  en- 
larged by  several  acts  up  to  1812.    Then  no  I 
one  would  wish  to  become  a  cadet  but  he  that 
had  the  soldier  in  him,  and  meant  to  stick  to 
his  profession,  and  work  his  way  up  from  the 
"  pay,  ration,  and  clothing  of  a  sergeant,"  to  the 
rank  of  field-officer  or  general.    Struggles  for  | 
West  Point  appointments  would  then  cease, 
and  the  boys  on  the  "Grampian  Hills"  would  j 
have  their  chance.    This  is  the  adequate  rmt- 
dy.    If  that  repeal  cannot  be  had,  then  a  sui>  | 
ordinate  and  half-way  remedy  may  be  found  i 
giving  to  citizens  and  non-commissioned  officers  j 
a  share  of  the  commissions,  equal  to  what  thev 
get  in  the  British  service,  and  restoring  the 
Senate  to  its  constitutional  right  of  rejecting  as 
well  as  confirming  cadet  nominations. 

These  are  no  new  views  with  me.    I  have  I 
kept  oloof  from  the  institution.    During  the 
almost  twenty  years  that  I  was  at  the  head  of 
the  Senate's  Committee  on  Military  Affairs,  [ 
and  would  have  been  appropriately  a  "visitor" 
at  West  Point  at  some  of  the  annual  examina- 
tions, I  never  accepted  the  function,  and  have  I 
never  even  seen  the  place.    I  have  been  alwajs 
against  the  institution  as  now  established,  anil 
have  long  intended  to  bring  my  views  of  it  be- 
fore the  country  ;   and  now  fulfil  that  intem  I 
tion. 


ANNO  18:!1.     ANDIIKW  JACKSON,  rUK-SIUKNT. 


187 


C  II  A  P  T  E  11    L  V  I . 


BiNk  i)K  THE  UNITED  8TATES.-NON-IJKNKWAL 
OF  CUAUTKIC 

f:,iiM  tliu  time  of  President  Jackson's  intima- 
[  jiis  iijrainst  the  rcchartcr  of  the  IJank,  in  the 
iiiaiial  inesaago  of  1829,  there  had  been  a  ceasc- 
i,j3  and  pervading  activity  in  behalf  of  tlie 
Ikiiik  in  all  parts  of  the  Union,  and  in  all  forma 
-ill  tlie  newspapers,  in  the  halls  of  Congress, 
;:i  State  legislatures,  even  in  much  of  the  pe- 
riodical literature,  in  the  elections,  and  in  the 
iinciliation  of  presses  and  individuals — all  con- 
l;cted  in  a  way  to  operate  most  strongly  upon 
ihe  public  mind,  and  to  conclude  the  question 
a  the  forum  of  the  people  before  it  was  brought 
I  forward  in  the  national  legislature.     At  the 
same  time  but  little  was  done,  or  could  be  done 
I  oil  the  other  side.    The  current  was  all  setting 
iiie  way.    I  determined  to  raise  a  voice  against 
I  it  in  tiie  Senate,  and  made  several  efforts  be- 
f  ,n'  I  succeeded — the  thick  array  of  the  Bank 
friiiidd  throwing  every  obstacle  in  my  way,  and 
iven  friends  holding  me  back  for  the  regular 
course,  which  was  to  wait  until  the  application 
f  r  tlie  renewed  charter  to  be  presented  ;  and 
then  to  oppose  it.    I  foresaw  that,  if  this  course 
was  followed,  the  Bank  would  triumph  with- 
lout  a  contest — that  she  would  wait  until  a 
I  majority  was  installed  in  both  Houses  of  Con- 
Ifress— then  present  her  application — hear  a  few 
[barren  speeches  in  opposition  ; — and  then  gal- 
op the  renewed  charter  through.    In  the  session 
luf  1830,  '31, 1  succeeded  in  creating  the  first  op- 
|p')rtunity  of  delivering  a  speech  against  it;  it  was 
I  (lone  a  little  irregularly  by  submitting  a  nega- 
Itive  resolution  against  the  renewal  of  the  char- 
Itcr,  and  taking  the  opportunity  while  asking 
[leave  to  introduce  the  resolution,  to  speak  fully 
lajainst  the  re-charter.    My  mind  was  fixed  up- 
lon  the  character  of  the  speech  which  I  should 
Imake— one   which   should   avoid   the  beaten 
racks  of  objection,  avoid  all  settled  points, 
avoid  the  problem    of  constitutionalitj'^ — and 
ta»e  up  the  institution  in  a  practical  sense,  as 
piaving  too  much  power  over  the  people  and  the 
government,— over  business  and  politics — and 
^  io  much  disposed  to  exercise  that  power  to  the 
)icjudicc  of  the  freedom  and  equality  which 
kiiould  prevail  in  a  republic,  to  be  allowed  in 


cxiMt  in  tiur  country.  Hut  I  knew  it  \\m  nol 
sufticient  to  |)ull  down:  we  muHt  build  up  also 
The  men  of  IHIl  had  commit te<l  ii  fat.il  (iior, 
when  most  wisely  refusing  to  ri-cliartir  llie  in- 
stitution of  that  day,  they  fulled  to  provide  a 
substitute  for  its  currency,  and  fill  butk  upon 
the  local  banks,  whose  inade(|uacyt<|)ee(iily  nuule 
a  call  for  the  re-cstablishnicnt  of  a  national 
bank.  I  felt  that  error  must  be  avoided — that 
another  currency  of  general  circulation  must  bo 
provided  to  replace  its  notes  ;  and  I  saw  that 
currency  in  the  gold  coin  of  the  constitution, 
then  an  ideal  currency  in  the  United  States, 
having  been  totally  banished  for  many  years  by 
the  erroneous  valuation  adopted  in  the  time  of 
Gen.  Hamilton,  Secretary  of  the  Treasury.  I 
proposed  to  revive  that  currency,  and  brought 
it  forw^ard  at  the  conclusion  of  my  first  siieech 
(February,  1831)  against  the  Bank,  thus: 


"  I  am  willing  to  see  the  charter  expire,  with- 
out providing  any  substitute  for  the  present 
bank.  I  am  willing  to  see  the  currency  of  the 
federal  government  left  to  the  hard  money 
mentioned  and  intended  in  tiio  constitution ;  I 
am  willing  to  have  a  hard  money  government, 
as  that  of  France  has  been  since  the  time  of 
assignata  and  mandats.  Every  species  of  pa- 
per might  be  left  to  the  State  authorities,  un 
recognized  by  the  federal  government,  and  only 
touched  by  it  for  its  own  convenience  when 
equivalent  to  gold  and  silver.  Such  a  currency 
filled  France  with  the  precious  metals,  whei' 
England,  with  her  overgrown  bank,  was  a  prey 
to  all  the  evils  of  unconvertible  paper.  It  fur- 
nished money  enough  for  the  imperial  govern- 
ment when  the  population  of  the  empire  wjia 
three  times  more  numerous,  and  the  expense 
of  government  twelve  times  greater,  than  the 
population  and  expenses  of  the  United  States ; 
and,  when  France  possessed  no  mines  of  gold  or 
silver,  and  was  destitute  of  the  exports  which 
command  the  specie  of  other  countries.  The 
United  States  possess  gold  mines,  now  yield- 
ing half  a  million  per  annum,  with  every  pros- 
pect of  equalling  those  of  Peru.  But  this  is 
not  the  best  dependence.  We  have  what  is  su- 
perior to  mines,  namely,  the  exports  which  com- 
mand the  money  of  the  world ;  that  is  to  say, 
the  food  which  sustains  life,  and  the  raw  mate- 
rials which  sustain  manufactures.  Gold  and 
silver  is  the  best  currency  lor  a  republic;  it 
suits  the  men  of  middle  property  and  the  work- 
ing people  best ;  and  if  I  was  going  to  establish 
a  working  man's  party,  it  should  be  on  the  ba- 
sis of  hard  money: — a  hard  money  party, 
against  a  paper  party." 

In  the  speech  which  I  delivered,  I  quoted  co- 
piously from  British  speakers — not  the  brilliant 
rh«toriciaQS,  but  the  practical,  sensible,  upright 


•i(>- 


k    I 


It 


/^ 


188 


Tinnrv  ykaiw  vikw. 


i 


Vk 


business  men,  to  whom  roiintricH  arc  iiRiially  in- 
(lehU!(l  for  all  lx.'noficinl  lopslation :  the  Sir  Hen- 
ry I'arnellH,  the  Mr.  Joseph  lIiimeH,  the  Afr. 
Kdwnnl  Kllices,  the  Sir  AViiliam  Pulteneys;  and 
men  of  that  class,  lesislating  for  the  jimctical 
concernH  of  life,  and  nicrjiing  the  orator  in  the 
umn  of  biiRiness. 

THE   SPEECH— EXTIUCTS. 

"  Mr.  Uenton  commenced  his  speech  in  sup- 
port of  the  application  for  the  leave  he  was  about 
tr)  ask,  with  a  jiistilication  of  himBelf  for  brinping 
forward  the  (piestion  of  renewal  at  this  time. 
M-hen  the  charter  had  still  live  years  to  run ; 
and  bottomed  his  vindication  chielly  on  the 
ri}i;ht  he  possci^ged,  and  the  necessity  ho  was  un- 
der to  answer  certain  reports  of  one  of  the  com- 
mittee of  the  Senate,  made  in  opposition  to  cer- 
tain resolutions  relative  to  the  bank,  which  he 
had  submitted  to  the  Senate  at  former  sessions, 
and  which  reports  ho  had  not  had  an  opportunity 
of  answerinn:.  He  said  it  had  been  his  fortune, 
or  chance,  some  three  years  apo,  to  submit  a  rc- 
sohition  in  relation  to  the  undrawn  balances  of 
j)nblic  money  in  the  hands  of  the  bank,  and  to 
accompany  it  with  some  poor  remarks  of  unfa- 
vorable implication  to  the  future  existence  of 
that  institution.  My  resolution  [said  Mr.  IJ.] 
was  referred  to  the  Committee  on  Finance,  who 
made  a  report  decidedly  adverse  to  all  my  views, 
and  eminently  favorable  to  the  bank,  both  as  a 
present  and  future  institution.  This  report  came 
on  the  13th  of  May,  just  fourteen  days  before 
the  conclusion  of  a  six  months'  session,  when  all 
was  Imrry  and  precipitation  to  terminate  the 
business  on  hand,  and  when  there  woi;  not  the 
least  chance  to  engage  the  attention  of  the  Sen- 
ate in  the  consideration  of  any  new  subject. 
The  report  was,  therefore,  laid  upon  the  table 
tmanswered,  but  was  printed  by  order  of  the 
Senate,  and  that  in  extra  numbers,  and  widely 
dili'used  over  the  country  by  means  of  the  news- 
paper press.  At  the  commencement  of  the  next 
session,  it  being  irregular  to  call  for  the  consid- 
eration of  the  past  report,  I  was  under  the  ne- 
cessity to  begin  anew,  and  accordingly  submitted 
my  resolution  a  second  time,  and  that  quite 
early  in  the  session ;  say  on  the  first  day  of 
January.  It  was  my  wish  and  request  that  this 
resolution  might  bo  discussed  in  the  Senate,  but 
the  sentiment  of  the  majority  was  diflerent,  and 
a  second  reference  of  it  was  made  to  the  Finance 
Committee.  A  second  report  of  the  same  purport 
with  the  first  was  a  matter  of  course ;  but  what 
did  not  seem  to  me  to  be  a  matter  of  course  was 
this ;  that  this  second  report  should  not  conie 
in  until  the  20th  day  of  February,  just  fourteen 
days  again  before  the  end  of  the  session,  for  it 
was  then  the  short  session,  and  the  Senate  as 
nnich  pinched  as  before  for  time  to  finish  the 
business  on  hand.  No  answer  could  be  made  to 
it,  but  tlie  report  was  printed,  with  the  former 
(vj'ort  iipjK'.i  led  to  it;  and  thus,  united  like  the 


Siamese  twins,  and  with  the  apparent,  hut  ti.<| 
j  real  sanction  of  the  Senate,  they  wint  forth  i., 
j  gether  to  niake  the  tour  of  llie  I'niim  in  the  (,' 
lunins  of  the  newsjtaper  press.     Tims  J  wii, 
second  time  out  of  court;  a  second  tiinen,,, . 
suited  for  want  of  a  replication,  wlitn  \\x\\ 
was  no  time  to  file  one.     I  had  intended  to  U,! 
gin  dv.  vovn,  and  for  the  third  time,  at  the  (iu\,.\ 
ing  of  the  ensuing  session;  but,  hap|)ily,  was  ai,. 
ticipated  and  prevented  by  the  anmial  nits>a ,. 
of  the  new  President  [General  Jackson],  whiclil 
brought  this  question  of  renewing  the  Lai:kl 
charter  directly  before  Congress.    A  refereiiiil 
of  this  j.art  of  the  message  was  made,  ofcourn  f 
to  the  Finance  Committee :  the  c(ininiili«..  of | 
courfc,  again  reported,  and  with  increased ariliH 
in  favor  of  the  bank.     Unhappily  this  third  n! 
port,  which  was  an  amplification  and  reiteration  i 
of  the  two  former,  did  not  come  in  until  the  ntfA 
sion  was  four  months  advanced,  and  when  tliJ 
time  of  the  Senate  had  become  engrossed,  and  iisl 
attention  absorbed,  by  the  numerous  and  impor.l 
tant  subjects  which  hod  accumulated  upon  thel 
calendar.    Printing  in  extra  numbers,  penei-aj 
circulation  through  the  newsjjaper  press,  and  r.ol 
answer,  was  the  catastrophe  of  this  third  riftt.[ 
ence  to  the  Finance  Committee.    Thus  was  l| 
nonsuited  for  the  third  time.    The  fourth  ses- 1 
sion  has  now  come  round ;  the  same  subject  isl 
again  before  the  same  committee  on  the  refer- 1 
ence  of  the  part  of  the  President's  second  annual  I 
message  which  relates  to  the  bank;  and,douljt-| 
less,  a  fourth  report  of  the  same  import  with  the  I 
three  preceding  ones,  may  be  expected.   i\A 
when  ?  is  the  question.    And,  as  I  cannot  answtrl 
that  question,  and  the  session  is  now  two  thirds! 
advanced,  and  as  I  have  no  disposition  toleocti 
oft'  for  the  fourth  time,  I  have  thought  proper  tol 
create  an  occasion  to  deliver  my  own  sentiments,! 
by  asking  leave  to  introduce  a  joint  resolutioa! 
adverse  to  the  tenor  of  all  the  reports,  and  til 
give  my  reasons  against  them,  while  supportiii»| 
my  application  for  the  leave  demanded;  acour«! 
of  proceeding  which  is  just  to  myself  and  unjust! 
to  no  one,  since  all  are  at  liberty  toan&wcrnu.! 
These  are  my  personal  reasons  for  this  step,  and} 
a  part  of  my  answer  to  the  objection  that  1  have! 
begim  too  soon.    The  conduct  of  the  bank,  and! 
its  friends,  constitutes  the  second  branch  ofu 
justification.    It  is  certainly  not '  too  soon'  fori 
them,  judging  by  their  conduct,  to  cngajre  intlitf 
question  of  renewing  the  bank  charter.    In  andl 
out  of  Congress,  they  all  seem  to  be  of  one  ac-| 
cord  on  this  point.     Three  reports  of  commii-f 
tecs  in  the  Senate,  and  one  from  a  committee  cfl 
the  House  of  Kepresentatives,  have  been  madel 
in  favor  of  the  renewal ;  and  all  these  r'~pcrts,l 
instead  of  being  laid  away  for  future ".se-iEr 
stead  of  being  stuck  in  pigeon  holes,  anu  labeiyl 
for  future  attention,  as  things  coming  forth  pre-l 
maturely,  and  not  wanted  for  present  serrio-l 
have,  on  the  contrary,  been  universally  receiTej|| 
by  the  bank  and  its  friends,  in  one  great  tenipc'l 
of  applause ;  greeted  with  every  species  of  ui 
clamatiou ;  reprinted  in  most  of  the  papers,  dl 


Ihe  Uiiitcrt  oiutes,  . 
lad  as  far  back  as  18 
"before  its  expiration, 
Fi>s  debated,  and  thi 


ANNO  1831.     AXDRKW  .I.\(  KSoN.  IMtlXIDKNT. 


18& 


^ry  iir<.rt  mafle  to  give  the  wiriest  ditrtiRion, 
^y\  ttie  lii);hest  cti'fct,  to  the  nrjiiimcnts  tlicy 
{O'ltaiii.    In  adUitiuii  to  thin,  and  nt  the  prcNont 
f,~.-i\i)n.  within  a  few  days  past,  three  thousand 
,„|,i,-i  of  the  cx|)oaition  of  the  affairs  of  the  Hank 
l^n'  l*'^'"  printetl  by  ortler  of  tiio  two  Houses,  a 
;hiii?  nwiT  before  done,  and  now  intended  to  bla- 
I  i  ,„  tlio  merits  of  the  bank.    [.Mr.  Smith,  of  Mary- 
'„iJ  hoic  expressed  some  dissent  to  this  state- 
I  ^^nt ;  li'it  Mr.  H.  alllrmed  its  correctness  in  r\i1>- 
ttmco  if  not  to  the  letter,  and  continue*!.]    This 
(i,xs  not  look  (»s  if  the  bank  advocates  thought 
,;  iva-s  l(ii>  mxiii  to  discuss  tlie  question  of  rencw- 
I  in;  the  cliarter ;  and,  upon  this  exhibition  of 
thiir  sentiincnts.  I  shall  rest  the  assertion  and 
iho  [To*''^!  that  they  do  not  think  so.    The  third 
bniieti  of  my  justiHcatiou  rests  upon  a  sense  of 
public  tluty ;  upon  a  sense  of  what  is  just  and 
jilvantajrcous  to  tiie  people  in  general,  and  to  the 
itbiors  and  stockholders  of  the  bank  in  particu- 
I  lar,   The  renewal  of  the  charter  is  a  question 
shicli  concerns  the  jicoplo  at  larf;e ;  and  if  they 
tre  to  linve  any  hand  in  the  decision  of  this  ques- 
,i^[,_if  tliey  are  even  to  know  what  is  done  be- 
fore it  is  done,  it  is  hiph  time  that  they  and  their 
repreicntntivcs  in  Conj^ress  should  understand 
Lafh  otiier's  mind  upon  it.    The  charter  has  but 
jVive  years  to  run ;  and  if  renewed  at  all,  will 
I  piobibly  be  nt  some  short  period,  say  two  or 
three  years,  before  the  time  is  out,  and  at  any 
I  tune  sooner  thtit  a  chance  can  be  seen  to  gallop 
|t!ie  renewal  through  Congress.    The  people, 
therefore,  have  no  time  to  lose,  if  they  mean  to 
I  hive  any  hand  in  the  decision  of  this  great  ques- 
|ti,in,    To  the  bank  itself,  it  must  be  advantage- 
|,iiij,  at  least,  if  not  desirable,  to  know  its  fate  at 
iRie.  that  it  may  avoid  (if  there  is  to  be  no  re- 
Inowal)  the  trouble  and  expense  of  multiplying 
Imnclies  upon  the  eve  of  dissolution,  and  the 
|ri-k  and  inconvenience  of  extending  loans  be- 
jyoiul  tlie  term  of  its  existence.    To  the  debtors 
I iipon" mortgages,  and  indefinite  accommodations, 
lit  must  be  also  advantageous,  if  not  desirable,  to 
Ik  notified  in  advance  of  the  end  of  their  in- 
Iduljrences ;  so  that,  to  every  interest,  public 
lind  private,  political   and  pecuniary,  general 
lind  particular,  full  discussion,  and  seasonable 
Idecision,  is  just  and  proper. 

•I  hold  myself  justified,  Mr.  President,  upon 
Ithe  reasons  given,  for  proceeding  in  my  present 
npplicstion ;  but,  as  example  is  sometimes  more 
uthoritiitive  than  reason,  I  will  take  the  liberty 
Ito  produce  one,  which  is  as  high  in  point  of  au- 
thority as  it  is  appropriate  in  point  of  applica- 
tion, and  which  happens  to  fit  the  case  before 
Ithe  Senate  as  completely  as  if  it  had  been  made 
■or  it.  I  speak  of  what  has  lately  been  done  in 
the  Parliament  of  G  reat  Britain.  It  so  happens, 
Ihat  the  charter  of  the  Bank  of  England  is  to 
pxpire,  upon  its  own  limitation,  nearly  about 
^»  time  with  the  charter  of  the  Bank  of 
Ihe  United  otutes,  namely,  in  the  year  1833 ; 
jiad  as  far  back  as  1824,  no  less  than  nine  years 
*fore  its  expiration,  the  question  of  its  renewal 
debated,  and  that  with  great  freedom,  in 


the  British  llottso  of  Commons.  I  will  read 
some  extracts  fmm  that  dilmle,  as  the  fain-t 
wav  of  pn-senting  the  examjile  {<>  the  Sennti'. 
and  the  most  effectual  miMJe  of  securing  t">  my- 
self the  adv.intage  of  the  henlimeiits  expie.-.-^ed 
by  British  statesman. 

77ie  Kjtriiftn. 

"'Sir  Henry  Parnell. — The  House  should  no 
longer  delay  to  turn  its  attention  to  the  exjH'- 
diency  of  renewing  the  charter  tif  the  Bank  of 
England.  Heretofore,  it  had  Wen  the  regular 
custom  to  renew  the  charter  several  years  bit'oro 
the  existing  charter  had  expired.  The  last  re- 
newal was  made  when  the  existing  charter  luul 
eleven  years  to  run :  the  i)resent  charter  had 
nine  years  only  to  continue,  and  ho  felt  very 
anxious  to  prevent  the  makingof  any  agreement 
between  the  government  and  the  bank  for  a  re- 
newal, without  a  full  examination  of  the  policy 
of  again  conferring  upon  the  Bank  of  Kngland 
any  exclusive  privilege.  The  practice  had  been 
for  goveinment  to  make  a  secret  arrangement 
with  the  bank ;  to  submit  it  immediately  to 
the  proprietors  of  the  bank  for  their  approba- 
tion, and  to  call  upon  the  House  the  next  day 
to  confirm  it,  without  alT -ding  any  opportunity 
of  fair  deliberation.  So  much  information  had 
been  obtained  upon  the  banking  tiade,  and  upon 
the  nature  of  currency  in  the  last  fifteen  years, 
that  it  was  particularly  necessary  to  enter  upon 
a  full  investigation  of  the  policy  of  renewing  the 
bank  charter  before  any  negotiation  should  bo 
entered  upon  between  the  government  and  the 
bank ;  and  he  trusted  the  government  would  not 
commence  any  such  negotiation  until  the  seni;o 
of  Parliament  had  been  taken  on  this  imjjortant 
subject.' 

" '  Mr.  Hume  said  it  was  of  very  great  impor- 
tance that  his  majesty's  ministers  should  take 
immediate  steps  to  free  themselves  from  the 
trammels  in  which  they  bad  long  been  held  by 
the  bank.  As  the  interest  of  money  was  nosv 
nearly  on  a  level  with  what  it  was  when  th>3 
bank  lent  a  large  sum  to  government,  he  hope  J 
the  Chancellor  of  the  Exchequer  would  not  lis- 
ten to  any  application  for  a  renewal  of  the  bank 
charter,  but  would  pay  oft'  every  shilling  that 
had  been  borrowed  from  the  bank.  ♦  ♦  ♦  *  * 
Let  the  country  gentlemen  recollect  that  the 
bank  was  now  acting  as  pawn-broker  on  a  largo 
scale,  and  lending  money  on  estates,  a  system 
entirely  contrary  to  the  original  intention  of 
that  institution.  ******  He  hoped,  before 
the  expiration  of  the  charter,  that  a  regular  in 
quiry  would  be  made  into  the  whole  subject. ' 

"'Mr.  Edward  Ellice.  It  (the  Bank  of  Eng* 
land)  is  a  great  monopolizing  body,  enjo)'ing 
privileges  which  belonged  to  no  other  corpora- 
tion, and  no  other  class  of  his  majesty's  sub- 
jects. *♦♦•***  He  hojied  that  the  exclu- 
sive charter  would  never  again  be  gmntrd ;  and 
that  the  conduct  of  the  bank  during  th'  last  ten 
or  twelve  years  would  make  goveinm    t  very 


It  !^ 


100 


TIIIR'n'  YK.\ns'  VIKW. 


cnutioiiH  how  tliPV  ontertninHl  any  Mirh  firopo-  [ 
(■itiniiH.  Tin-  rijrfit  iKinorHhlf  ("lmnr«ll<>r  of  ihi*  j 
Kxchi()iKr[.Mr.  KohiiiHon] liml  jirotoHU'd atriiinxt  j 
tlif  idia  (if  htniiniiip  any  lioiiit  to  the  pri;jii<liw!  i 
of  the  Imiik  ;  hf  tlioiij:lt,  howi-vcr,  tlmt  the  Imnk 
Imd  very  littlf  to  coinj  tin  of,  when  tlitir  Kt(K;k, 
nftor  nil  their  jmst  |)ro(itH,  was  at  liitM.' 

"'Tlie  Chniicellor  of  tlio  Kxchefpior  deprc- 
catcd  tho  diuc'UKHion,  as  IcudiiiK  to  no  iiractical 
result.' 

'•  •  Mr.  Alexander  Barinp  objected  to  it  as 
jircniature  and  unnecessary.' 

"Sir  William  I'ulteney  (in  another  debate). 
The  prejudices  in  favor  of  the  precent  bank 
liave  jtroieeded  from  tho  long  habit  of  consider- 
luji  it  as  a  sort  of  pillar  which  nothing  can 
Bhuke.  ♦  ♦♦*♦♦*  xhc  bank  lias 
been  supported,  and  is  still  supported,  by  tho 
fear  and  terror  which,  by  means  of  its  mono- 
•,)oly,  it  has  had  the  power  to  inspire.  It  is 
weil  known,  that  there  is  hardly  an  extensive 
trader,  n  manufacturer,  or  a  banker,  either  in 
London,  or  at  a  distance  from  it,  to  whom  the 
bank  could  not  do  a  serious  injury,  and  could 
often  briufr  on  oven  insolvenc}'.  *  ♦  ♦  *  * 
I  consider  the  power  given  by  the  monopoly  to 
be  of  the  nature  of  all  other  despotic  jKiwer, 
which  corrupts  the  despot  as  much  as  it  cor- 
nipts  the  slave.  ♦  ♦  *  ♦  *  *  It  is  in 
the  nature  of  man,  that  a  monopoly  must  neces- 
sarily be  ill-conducted.  ♦****♦* 
AVhatever  language  the  [private]  bankers  may 
feel  themselves  obliged  to  hold,  yet  no  one  can 
believe  that  they  have  any  satisfaction  in  being, 
and  continuing,  under  a  dominion  which  has 
proved  so  grievous  and  so  disastrous.  *  *  * 
♦  *  *  I  can  never  believe  that  the  mer- 
chants and  bankers  of  this  country  will  prove 
unwilling  to  emancipate  themselves,  if  they  can 
do  it  without  risking  the  resentment  of  the 
bank.  No  man  in  France  was  lieard  to  com- 
plain, openly,  of  the  Bastile  while  it  existed. 
The  merchants  and  bankers  of  this  country 
have  the  blood  of  Englishmen,  and  will  be  hap- 
py to  relieve  themselves  from  a  situation  of 
perpetual  terror,  if  they  could  do  it  consistently 
with  a  due  regard  to  their  own  interest.' 

"Hero  is  authority  added  to  reason — the  force 
of  a  great  example  added  to  the  weight  of  un- 
answerable reasons,  in  favor  of  early  discussion ; 
60  that,  I  trust,  I  have  eflectually  put  aside  that 
old  and  convenient  objection  to  the  '  time,' 
that  most  iiexible  and  accommodating  objection, 
which  applies  to  all  seasons,  and  all  subjects, 
and  is  just  as  available  fur  cutting  off  a  late  de- 
bate, because  it  is  too  late,  as  it  is  for  stifling  an 
early  one,  because  it  is  too  early. 

'*  But,  it  is  said  that  the  debate  will  injure 
the  stockholders  5  that  it  depreciates  the  yalue 
of  their  property,  and  that  it  is  wrong  to  sport 
with  the  vested  rights  of  individuals.  This 
complaint,  supposing  it  to  come  from  the  stock- 
holders themselves,  is  both  absurd  and  ungrate- 
ful. It  '  ^  absurd,  because  the  stockholders,  at 
feast  sc   many  of  them  as  are  not  foreigners, 


mnot  have  known  when  they  acrcptcd  nrhnn  . 
of  limited  duration,  that  the  nppn.nrti  „f ., 
expiration  would  renew  the  debitt(>  niKin  it* 

f)r<)priety  of  its  exixtcnce ;  that  every  riti/p' 
lad  a  right,  and  every  public  man  wii.t  on.u 
an  obligation,  to  de<*laro  his  HontimcntN  ftccl!. 
that  there  was  nothing  in  the  charter,  nninp' 
roil H  as  its  pwruliar  privileges  were,  to  exc,,,,! 
the  bank  from  that  freedom  of  sjHjech  nnr|  wr , 
ing,  which  extends  to  all  our  pulilic  altuir." 
and  that  the  charter  was  not  to  W  rcnoHi,! 
here,  us  tho  Bank  of  England  charter  had  f,!r. 
nierly  been  renewed,  by  a  private  armnptnifntl 
among  its  friends,  suddenly  produced  in  Cmi. 
gress,  and  galloped  through  without  the  know  J 
ledge  of  the  country.     Tho  American  pnrt  .fl 
tho  stockholders  (for  1  would  not  reply  tn  tin. 
complaints  of  the  foreigners)  must  linve  kiKmn 
all  this;  and  known  it  when  they  accepted  tlel 
charter.    They  accepted  it,  subject  to  tluH  know  n  I 
consequence;    and,    therefore,    the   cninplaintl 
about  injuring  their  property  is  absurd.    T|  ,t| 
it  is  ungrateful,  must  be  apparent  to  all  wlml 
will  reflect  upon  the  great  privileges  whichl 
these  stockholders  will  have  enjoyed  for  twcntvl 
years,  and  tho  large  profits  they  have  nlrtadVl 
derived  from   their  charter.    They  have  wA 
dividing  seven  per  cent,  per  annum,  nn'eiis  vrlnnl 
prevented  by  their  own  mismanagement ;  nii'il 
have  laid  up  a  real  estate  of  three  millions  ( r| 
dollars  for  future    division;    and  the  nionevl 
which  has  done  these  handsome  things,  inMiaiil 
of  being  diminished  or  impaired  in  the  process  f 
is  still  worth  largely  upwards  of  one  hundri  I 
cents  to  the  dollar :  say,  one  hundred  and  twcnJ 
ty-five  cents.    For  the  peculiar  privileges  ivhifM 
enabled  them  to  make  these  profits,  the  ftooki 
holders  ought  to  bo  grateful :  but,  like  nil  perl 
sons  who  have  been  highly  favored  with  nndiiJ 
benefits,  they  mistake  a  privilege  for  a  right- 
favor  for  a  duty — and  resent,  as  an  attack  npnij 
their  property,  a  refusal  to  prolong  their  undurf 
advantages.     There  is  no  ground  for  these  coral 
plaints,  but  for  thanks  and  benedictions  rnthirj 
for  permitting  the  bank  to  live  out  its  nunibtrJ 
ed  days!    That  institution  has  forfeited  itJ 
charter.    It  may  be  shut  up  at  any  hour.  lij 
lives  from  day  to  day  by  the  indulgence  of  tho>( 
whom  it  daily  attacks ;  and,  if  any  one  is  ifriK, 
rant  of  this  fact,  let  him  look  at  the  case  of 
Bank  of  the  United  States  against  Owens  anl 
others,  decided  in  the  Supremo  Court,  and  rel 
ported  in  the  2d  Peters.  I 

"  [Here  Mr.  B.  read  a  part  of  this  case,  fliovrJ 
ing  that  it  was  a  case  of  usury  at  the  ratt  (f 
forty-six  per  cent,  and  that  Mr.  Sergeant.  cou& 
sel  for  the  bank,  resisted  the  decision  of  \hi 
Supreme  Court,  upon  the  ground  that  it  wotill 
expose  the  charter  of  the  bank  to  forfeiturel 
and  that  the  decision  was,  nevertheless,  givei 
upon  that  ground ;  so  that  the  bank,  being  m 
victed  of  taking  usury,  in  violation  of  its  chai 
ter,  was  liable  to  be  deprived  of  its  charter,  1 
any  time  that  a  scire  facias  should  issue  agalDd 

it.3 


ANNO  1H!)I.     ANltUKW  JAi'KSuN.  I'UKsinr.NT. 


i:»i 


-Mr.  H.  rt'siitiM'<l.  Ikfort*  I  pr<ioc-o(l  to  the 
j.n^^Klcnitinii  111"  tlu'  n'siilution,  1  winli  to  U'  in- 
til^Til  ill  lulvcrtiii);  to  »  rule  or  priiiriple  of  I 
ni;liaiiH'iil"0'  pnu'lice,  which  it  in  only  iuhx'h- 
Lv  til  I't'.ul  now  ill  onltT  to  avoid  thi-  pooni- 
1  iitv «''  ""y  "I'ci'Kf'ity  for  n-ciirriiij;  to  it  honi- 
,Vr.  "  '■*  '''^'  ''"''^'  ^*hicli  forl)i(lrt  iiiiy  iiuinhcr 
,,U.  |iivseiil — whifh,  in  fact,  rf(|iiiri'H  him  to 
fiili'lraw — (liiriiifj  thu  discusMion  of  uny  (pii's-  | 

iiiiiwltirh  liis  private  intcruHt  may  l)f  con- 

I  ^j^ii'il;  and  aiithori7A>.4  the  c.xpiirpiitioii  from 

[11.  Jouriiul  of  any  vote  which  may  Imve  fwcn 

ivdi  tiiKlcr  the  predicament  of  an  interested 
liiitivo.    I  demand  tiiat  the  Secretary  of  the 
finite  uriy  read  the  rule  to  w  hich  I  allude. 

•  [  riic  Secretary  read  the  following  rule  :] 

"Where  the  private  interests  of  a  iiK'nitier 

I  jrc  concerned  in  a  bill  or  question,  ho  is  to 

fithdraw.     And  where  such  an  interest  has 

I  j,,ji,.an'<l,  his  voice  has  been  disallowed,  even 

liter  a  division.    In  a  ease  so  c(mtrary,  not  only 

I  lo  the  liiws  of  decency,  but  to  the  fundamental 

1  principles  of  the  social  compact,  which  denies 

Iwanv  innn  to  be  a  judge  in  his  own  cause,  it  is 

f,,r  the  honor  of  the  House  that  this  rule,  of 

I  amimorial  observance,  should  bo  strictly  od- 

•rirsi :  Mr.  President,  I  object  to  the  renewal 
i  the  charter  of  the  Bank  of  the  United  States, 
Yx-cmsQ  I  look  upon  the  bank  as  an  institution 
Itoogiviit  and  powerful  to  be  tolerated  in  a  gov- 
Ifniment  of  free  and  equal  laws.  Its  power  is 
llhat  of  the  purse ;  a  power  moro  potent  than 
Ithit  of  the  sword ;  and  this  power  it  possesses 
Ito  a  degree  and  extent  that  will  enable  this 
Ibink  to  draw  to  itself  too  much  of  the  political 
Imer  of  this  Union  ;  and  too  much  of  the  in- 
Idiudual  property  of  the  citizens  of  these  States. 
|IW  money  power  of  the  bank  is  both  direct 
liiid  indirect. 

•■[The  Vice-President  here  intimated  to  Mr. 

iBenion  tliat  he  was  out  of  order,  and  had  not  a 

Iridit  to  go  into  the  merits  of  tho  bank  upon 

Ithc  motion  which  he  had  made.    Mr.  Benton 

■ed  pardon  of  tho  Vice-President,  and  re- 

■ctfully  insisted  that  he  was  in  order,  and  had 

trifht  to  proceed.     He  said  ho  was  proceeding 

on  the  parliamentary  rule  of  asking  leave  to 

Inng  in  a  joint  resolution,  and,  in  doing  which, 

cliida  right  to  state  his  reasons,  which  rea- 

constituted  his  speech ;  that  the  motion 

In^  debatable,  and  the  whole  Senate   might 

L*wcr  him.    The  Vice-President  then  directed 

lir.  Benton  to  proceed.] 

F  "Mr.  B.  resumed.    ITie  direct  power  of  the 

;  is  now  prodigious,  and  in  the  event  of  the 

rrewal  of  the  charter,  must  speedily  become 

uiindless  and  uncontrollable.    The  bank  is  now 

Bthorized  to  own  eflects,  lands  inclusive,  to  the 

mount  of  fifty-five   millions  of  dollars,  and 

issue  notes  to  the  amount"  of  thirty-five 

^llions  more.    This  makes  ninety  millions ; 

piin  addition  to  this  vast  sum,  there  is  an 

Ming  for  an  unlimited  increase :  for  there  is 

fdispensation  in  the  charter  to  issue  as  many 


more  iiot<"<   n*  ( 'oiiirn'o*.  by  lnw.  nmy  |xTtii>. 
'I'hin  o|n'iii<  till-  door  to  boiiiiilli"""  (■iiii^:«ioii.'» ;  lor 
what  can  In-  ii\ort>  iiidioiiiiclcd  than  tlii<  will  niid 
pli'iwiiri'  of  hiircc-isive  C'oiigrt'HMfs  ?     The  imli- 
reet  power  of  ll,'-  bank  cannot  1h'  ntutcd  in  li;.*- 
iiri'rt;  but  it  can  bo  shown  to  U-  iiniiit'iise.     In 
the  llivt  place,  it  has  the  kci-jiiiig  of  (lu>  public 
nioney.4,  now  iiiiiniiiitiiig  to  twciity-.'-ix  niillioni 
jK'r   Hiinuni    (the    I'ont   Ollice   liepartiiieiit  in- 
cluded), siiiil  the  gratuitous  uhc  of  the  undraw ii 
balaiiceH.  hujre  enough  to  count ilute,  in  them- 
KclveH,  the   capital  of  a  great  State   bank.     In 
the  next  place,  its  proniisKory  notes  are  ntviv- 
able,  by  law,  in  purchase  of  all  projierty  owned 
by  tho  Unitecl  States,  and   in    payment  of  all 
debts  due   them ;   and  this  may  increase   its 
power  to  the  amount  of  the  annual  revenue,  by 
creating  a  demand  for  its  notes  to  that  amount. 
In  the  third  place,  it  wears  the  name  of  the 
United  States,  and  lia.s  the  federal  government 
for  a  partner;  and  this  name,  and  this  partner- 
ship, identities  the  credit  of  the  bank  with  the 
credit  of  the  Union.     In  the  fourth  place,  it  is 
armed  with  authority  to  disparage  and  discred- 
it the  notes  of  other  banks,  by  excluding  them 
from  all  payments  to  the  United  States ;  and 
this,  added  to  all  its  other  powers,  direct  and 
indirect,  makes  this  institution  the  uncontroll- 
able monarch  of  the  moneyed  system  of  the 
Union.    To  whom  is  all  this  power  granted?    To 
a  company  of  private  individuals,  many  of  them 
forei'rners,  an(l  the  mass  of  them  residing  in  a 
remote  and  narrow  corner  of  the  Union,  uncon- 
nected by  any  sympathy  with  the  fertile  regions 
of  tho  Great  V^alley,  in  which  the  natural  power 
of  this  Union — the  power  of  numbers — will  be 
found  to  reside  long  before  the  renewed  term 
of  a  second  charter  would  expire.    By  whom 
is  all  this  power  to  be  exercised  1    By  a  direc- 
tory of  seven  (it  may  be),  governed  by  a  major- 
ity, of  four  (it  may  be);  and  none  of  these 
elected  by  tho  jicople,  or  responsible  to  them. 
Where  is  it  to  be  exercised?     At  a  single  city, 
distant  a  thousand    miles  from  some  of  the 
States,  receiving  the  produce  of  none  of  them 
(except  one)  ;  no  interest  in  the  welfare  of  any 
of  them  (except  one) ;  no  commerce  with  the 
people ;  with  branches  in  every  State  ;  and  every 
branch  subject  to  the  secret  and  absolute  orders 
of  tho  supreme  central  head :  thus  constituting 
a  system  of  centralism,  hostile  to  the  federative 
principle  of  our  Union,  encroaching  upon  tho 
wealth  and  power  of  the  States,  and  organized 
upon  a  principle  to  give  the  highest  efi'ect  to  the 
greatest  power.    This  mass  of  power,  thus  con- 
centrated, thus  ramified,  and  thus  directed,  must 
necessarilj'  become,  under  a  prolonged  existence, 
the  absolute  monopolist  of  American  money,  the 
solo  manufacturer  of  paper  currency,  and  tho 
sole  authority  (for  authority  it  will  be)  to  which 
the  federal  government,  the  State  governments, 
tho  great  cities,  corporate  bodies,  merchants, 
traders,  and  every  private  citizen,  must,  of  ne- 
cessity apply,  for  every  loan  which  their  exigen- 
cies may  demand.     '  The  rich  ruletli  the  poor, 


I  > 


'=^  '     i>! 


0 


Vj2 


TIUKTV  vi.Mtv  vir.w. 


mill  till'  lM)rri)uir  In  tlic  MTvant  of  tha  Icmlrr.' 
Nik  li  iiri'  tli<'  Morel,  nf  lldy  Wiit  ;  aiiii  if  tln' 
Miitliority  »(  till'  Itiliji'  niliiiitti'il  iirnirri'li'irntiiiii, 
tilt'  liiNtnrv  i>t'(li<'  wi>rli|  i^  iit  liii(i>l   to  fzwr  it. 

J/Ut   I   Mill  IKit  litr  llu'  lli'ti'l'V  <'l'llli'  Miillil.  Illlt 

iiiif  cniiiiriit  I'MiiiipIc  only,  uihI  lliiil  iifn  iiiiturc 
h'l  lii;;li  iiinl  ('uiiiliimiiiilii;,  us  to  ilii'lmli' all  otlirrs; 
mill  Ml  iir;ir  .'iri'l  ivt'i'iit,  iik  to  l>i'  ilin  rtly  ii|ijili- 

r.'ililt'  t ir  o\Mi  hitiititimi.     I  t^jii'iik  of  uiiiit 

liii|i|it'iii'i|  ill  (ii'i'.'it  itritnin,  in  tin-  year  I7'.'''>, 
when  till'  Matik  of  I'iti^'laiiil,  l>y  u  luiit'  ami  iiii- 
(■(Tiiiioiiii,!!.^  I(  (Icr  to  .Mr.  I'itt,  siirli  a-<  u  miser 
woiiM  wi'itc  to  li  proilipil  ill  u  |iiii('li,  pivc  tlif 
Iiroofiit' wliit  u  K'l'i'iit  iiioiicyfii  power  eoiild  do, 
mill  M'oiilil  (III,  to  |iroiii(>te  iti*  om'M  interest,  in  ii 
erisi^  of  iiatioiial  alarm  ami  iliilienlty.  I  will 
read  tlie  litter.  It  i«  i'.\c'eedin(.''ly  hliorf ;  for 
lifter  till'  (•om|ilimeiit<  arc  omitted,  tliiTe  are  Imt 
tliiee  lines  III  it.  It  in,  in  fart,  alioiit  uh  Imi!;  as 
a  sentence  of  e\( eiition.  leaviii;,'  out  the  jirayer 
«d' tlie  jud^re.     It  runs  tlms: 

'"It  is  the  wish  of  the  Court  <if  DirectoiH  that 
the  C'haneellor  of  the  Kxcheiiuer  woiilil  nettle 
his  arrangements  of  iinanees  lor  the  present 
year,  in  hiu'Ii  mnniur  as  luit  to  dejiend  upDnany 
further  assistaneo  from  tlicm,  Wyond  what  is 
already  agreed  for.' 

"Such  were  the  word.s  of  tlii.s  memorable 
note,  siilllciently  explicit  and  intellinilile;  but 
(1)  appreciate  it  fully,  wc  must  know  what  waa 
the  condition  of  (ireat  Britain  at  that  time? 
Kcmcmber  it  wa.s  the  year  171*'),  and  the  bejrin- 
ifniK  of  that  year,  than  which  a  more  porten- 
tous one  never  ojiened  xijion  the  British  om- 
jiire.    The  war  witli  tiie  French  ivpublic  Im  I 
lieen  raping  for  two  years ;  Spain  had  just  de- 
clared war  against  (ireat  Britain;  Jnland  was 
bursting  into  rebellion;  the  fleet  in  llio  Non 
waa  in  open  mutiny ;  and  a  cry  for  the  reform 
of  abuses,  and  tlie  reduction  of  ta.\es,  resounded 
through  the  land.    It  was  a  season  of  alarm 
and  consternation,  and  of  imminent  actual  danger 
to  Great  ISritain;  and  this  wa.s  the  moment 
which  the  Bank  selected  to  notify  the  minister 
that  no  more  loans  were  to  be  expected !   AVlmt 
was  wie  ellect  of  this  notification?    It  was  to 
pandyzo  the  government,  and   to  siibdue  the 
minister  to  the  purposes  of  the  bank.     From 
that  day  forth  Mr.  Pitt  became  the  minister  of 
the  bank;  and,  before  two  years  were  out,  he 
had  succeeded  in  bringing  all  the  departnmts 
of  government,  King,  Lords,  and  Commons,  and 
*ho  Privy  Coinicil,  to  his  own  slavish  condition. 
He  stopped  the  specie  payments  of  the  bank, 
and  made  Us  notes  the  lawful  currency  of  the 
land.    In  IV'T  he  obtained  an  order  in  council 
for  this  pnv,50be ;  in  the  same  year  an  uct  of 
parliament  c  ■  cr'dinn  the  order  for  a  month, 
and  afterwar..s     «eries  of/xcts  to  continue  it  for 
twenty  ymv^,    ''iii.i  w  .^  the  reipr  of  the  bank. 
For  twenty  -■tars  it   -as  a  domi.'iant  power  in 
England  ;  a, id,  dunr,  •  that  disasti  i.  us  period,  the 
public  del-t  was  u.", cased  aboui  £400,0UO,000 
sterling,  eijiial  nearly  to  two  thousand  million.* 
of  dollars,  and  that  by  paper  loans   from  a  j 


Itnnk  which,  acrordinir  to  its  own  di(lnr«i^. ,, 
hiid  not  n  Khillii  .-  to  Imd  nt  the  comnu ncu^ii 
•  if  tin- fierioil !     I  oinit  the  rest.     I  •-av  ni.tlm 
of  the  );enernl  snl  jiigation  of  the  ti  ititry  Im,;, 
the  rise  in  the  price  of  food,  the  decliiii-  m  „, 
the  iner«'H.''e  of  <'rimi's  nnd  tn-xes,  ilii.  inuli  .1 
ration  of  lonis  and  l.e^gars, and  the  friu'liin  1,,.. 
inomlizntionof  Hociety.     1  omit  nil  /In-,    l,,  1 
Kt'i/.e   the  pnitninent  llpire  in  the  pir'iih>  \\., 
of  a  government  arivsted  in  the  midst  irj  >  J , 
and  danger  by  the  veto  of  a  moneyed  enrp,!,. 
tion  ;  and  only  |H'nnitted  to  go  on  u|H)n  cniii 
tion  of  assuming  the  odium  of  f<tiip[iiii;r  ^|,,! 
jmyments,  and  sustaining  the  promissury  ||,,|,, 
of  an  insolvent    bunk,  as  the  lawful  cunt'in 
of  the  land.     'J'his  single  feature  sullices  t,,  j^  I 
the  character  of  the  times;  for  when  the  ,,,,^. 
ernment  liecomes  the  'nervantof  the  lcni!(r' 
the  [leople  themselves  Iiecome  its  slaves,  t'uhni  1 1 
the  Hank  of  the  L'nited  States,  if  re-clmrtin, 
act  in  the  same  way?     It  certainly  nan,  n 
just  as  certaii\ly  will,  w  hen  time  and  ojipi  r 
nity  shall  serve,  and  interest  may  (roiuhi. 
is  to  no  pnrpoKo  that  gentlemen  rn.iv  coinof,,.  | 
uard,  nnd  vaunt  the  character  of  the  I'niii,] 
States  Bank,  and  proclaim  it  too  just  nnd  imr- 
ciful  to  oppress  the  etate.     I  nuist  lie  jitmiit. 
ted  to  repudiate  both  the  jilcdge  ami  the  iinii-i. 
The  security  is  insufllcient,  and  the  encomium  I 
belongs  to  C'onstnntinojile.    There  were  ciinn.ii  | 
such  in  the  British  Parliament  the  j  ear  lii'liiri.. 
nay,  the  day  before  the  bank  stojiped ;  yet  tlur  | 
pledges  and  praises  neither  prevented  the  6ti|,. 
page,  nor  made  good  the  damage  that  en^iiiii!. 
There  were  gentlemen  in  our  Congress  to  [ijiila  | 
themselves  in  1810  for  the  then  expiring  lianl, 
of  which  the  one  now  existing  is  a  second  m,  i  1 
deteriorated  edition ;  and  if  their  sccHrity!<lii|i 
had  been  accepted,  and  the  old  bank  re-clwrtir- 
ed,  wc  should  nave  seen  this  government  prot- 1 
ed  with  a  note,  about  August,  1814 — about  tLi  | 
time  the  British  were  burning  this  cnpitol— if 
the  same  tenor  with  the  one  received  by  i^.  I 
younger  Pitt  in  the  year  ITUS ;  for,  it  is  iiicnn- 
testable,  that  that  bank  was  owned  by  men  wU 
would  have  glorified  in  arresting  the  povcni- 1 
ment,  and  the  war  itself,  for  want  of  nioiiev,  [ 
Happily,  the  wisdonj  and  patriotism  of  Jetlir- 
son,  under  the  providence  of  Ood,  preventdl 
that  infamy  and     ,  .1.,  Ii^'-  pr  venting  tliens| 
newal  of  the  old  bank  cUn.l.  r 

^^  Secondly.  I  (  Ji'ut  to  i  »u  1  1  unuancot 
bank,  because  it-  >  ;  l,,,jie8  are  dangerous  ami  I 
pernicious  to  the  government  and  the  people." 
'  "What  are  the  tendencies  of  Ji  great  nioneuil 
power,  connected  with  the  government,  and  I 
controlling  its  fiscal  operations  ?  Alt'  they  nil  I 
dangerous  to  every  interest,  public  and  privaiM 
— political  as  well  as  pecuniary  ?  I  say  th(t  [ 
are  ;  and  briefly  enumerate  tlie  heads  of  eaci  | 
mischief. 

"  1.  Such  a  bank  tends  to  subjugate  the  gor  I 
ernment,  as  I  have  already  shown  in  the  lii.'ti) 
ry  of  what  happened  to  the  British  minister  ii| 
the  yenr  1795. 


-1  It  tpndu  to 

(mimnt  nnd  the  li 
i4hft<ils'fn  fii'vi.ji 
,'ntiiN  updi  lu)  I 
u.inji'pttiailin^',  call 
nhK'h  llie  ,'TKTerni 
,,|.  U'canie  liable  ti 
•,l.  It  tends  to  CI 
;n;  tiiililic  louns, 
<.i|i|ilii'«  I't'  paiH'r, 
Ihi'  llriti-h  del.t  is 
liiiil.  That  b.'uik 
tti  niitliing  inure 
ih.in  un  act  of  1' 
I  ritiim  of  II  I  imp  If 
irimieiit  lo  I  /I.  T 
the  in.v  r.  1  ^  A()i\ 
B :',.i,'i.'nieh.     jL  I    I'l 

iiiii  i^rigiii.   the    ^■ 
Nf'.   «•■     '    k   i.„ 
fiiiiled   iti  11.S   inclii 
i.njt  of  £M',(H)0,f)i 
I  mniwl  mai)a;;emenl 
"4.  It  fi'mlstolx") 
utim,  by  fiirnishing 
I  iiinvithoiit  recurren 
;s  the  re 'dy  examp 
war*  for  the  restorai 
wre  kept  up  by  loai 
ofbank  p.iiKT.     The 
interest  in  these  um 
j£(;(iO,0<J(l,(JOO  of  del 
I  idilition  to  the  siipp 
I  The  kings  she  put  bi 
I  vm  not  able  to  sit 
Ion;  twice  they  turn 
I  ill  that  now  remain 
land  money  is,  the 
■  li.xes,  wliicli  arc  in 
I  titles  of  some  warri 
I  Capet  Bourbons,  wh 
I  bnd.4. 

'•5.  It  tends  to  agg 
I  tunes;  to  make  the 
jpoorer;  to  multiply 
I  to  deepen  and  widen 
I  Dives  from  Lazarus, 
lii)  favorable  to  grea 
I  principle  of  money  ti 
Ivorablj  ti^  small  capi 
■pie  of  muiiey  to  esch 
Inate.  It  is  injuriou 
Ibecause  they  receiv, 
ljin<»  of  the  proper 
pised  to  the  paper 
main  at  the  silver  mi 
"6.  It  tends  to  mak 
p  flux  and  reflux 
md  sudden  contract 
pion,  which  can  be  re 
•tstilential  visitatio 
Banj  years  ;  at  ever 
Krrini;  millions  froi 
|roperty  to  the  Nept 
m  and  reflux  of  par 
Vol.  I.— 13 


n 


ANNO  Mill.     A.M»ltl.W  JAt  U'wiN.  rUl->II»i:NT. 


103 


»i  It  IrniU  t<»  riilltiHiiiiiii  iN'twrrn  tin-  (f"»- 
(rnnxiit  nixl  the  Imiik  in  tlir  tirinit  of  the  Itnuo, 
n\ix»  Ix't'ti  t*""v  t'.x|M'rii'hct'il  in  Kn^liiiul  in  tliufT 
fnii<l<*  'il""  '''  |x'"|'l>'>  niiil  iiiHiilti<  ii|Min  iId 
^nlll'^l't"l •'•'"-.  <''»lli-'U  tliU'o  |n  r  <■(  nt.  Ioiiiim,  hi 
uliu'h  tilt'  ':"'''''"iitii«'iit,  f'T  hIhiuI  X'»0  Ixicpiw 
r,i.  Ucnim-  iiiiblf  to  |>i»y  XPiO. 

•J,  It  tituU  tocniiti'  |nil(li«Mlilit,  liy  furilitnf- 
;ni;  nulilit'  loiiim,  nn<l  HiiKxtitiitin;:  iinrniiiti'il 
«<i|i|illi'i«  "I  |>!>|M'r,  for  liniitol  Nii|)|ilit'H  of  cnin. 
Thf  |lriti>ti  ililit  is  horn  of  tin-  Hank  of  Kii^- 
liiiil.  Tliiit  l>i»nk  WiW  clmrlcivfl  in  Iii'.'4,  iiml 
„nn  niilliiii^  more  imr  Ii'sh  in  thi>  iM-^inniii^', 
ihAn  an  iw't  of  I'urlianunt  for  the  iiicorjio- 
rition  of  11  I  iin|.  i.iy  of  HuliwrihorM  to  h  p'V- 
,riiiiu'iit  li  <i  .ho  loan  wi»m  XI,'JiM),I)Ii(I  ; 
till-  iiu>f'  I  I'^O'iv*}  uiiil  ihi-  oxju'nHi't)  of 
u  vi'n.cii:  ii  I'M.  Anil  thin  is  the  hirth 
,j(i  oripiii.  tho  ^-rm  nnd  iiucliiis  of  that 
J,.',  w'  '  IE  ....v  £'.»(i(Hi()ii,uiH»  (tho  un- 
fimli'd  it<  iiH  inchidod),  wliich  W-uta  nn  in- 
i,.rijt  of  X:ii',(K)(t,(iOU,  und  costs  X:2t)(i,00l»  for 
nniml  iniiiia  .'umciit. 

"4.  It  t"n(!Htoht'(>;i'tand  proloi;;?  unneci'ssary 

JIM,  l)y  fiirnishinK  the  means  of  carryiiij;  them 

mi  ttilliout  recurrenco  to  tho  |H;ople.     England 

;s  the  re'dy  exiimplo  for  this  cajamity.     Her 

I  wiirt  fur  llie  restorution  of  the  Capet  Bourbons 

wit'  kept  up  by  loans  and  subsidies  created  out 

of  bank  painr.     The  {xjoplo  of  England  had  no 

interest  in  these  w  ars,  which  cost  them  about 

£riiiO,(H)(i,0(JO  of  debt  in  twenty-fivo  years,  in 

tddition  to  tliu  supplies  raised  within  the  year. 

The  kings  she  put  back  upon  the  French  throne 

Here  not  able  to  sit  on  it.     Twice  she  put  them 

on ;  twice  they  tumbled  oil'  in  tho  mud ;  and 

I  ill  that  now  remains  of  so  much  socritice  of  life 

land  money  is,  tho  debt,  which  is  eternal,  the 

Itixea,  which  uro  intolerable,  tho  pensions  and 

I  titles  of  some  warriors,  and  tho  keeping  of  the 

I  l'a|K't  Bourbons,  who  are  returned  upon  their 

I  iunds. 

'•5,  It  tends  tonggravato  the  inequality  of  for- 
I tunes;  to  make  tlie  rich  richer,  and  the  poor 
[poorer;  to  multiply  nabobs  and  paupers;  and 
Ito  deepen  and  widen  the  gulf  which  separates 
I  Dives  from  Lazarus.    A  great  moneyed  power 
liii  favorable  to  great  capitalists ;  for  it  is  the 
Iprinciple  of  money  to  favor  money.    It  is  unfa- 
Ivorablj  ti>  small  capitalists  ;  for  it  is  the  princi- 
ple of  muiiey  to  eschew  the  needy  and  unfortu- 
Inate,    It  is  injurious  to  the  laboring  classes ; 
|bec.\iisc  they  receive  no  favore,  and  have  the 
price  of  tho  iirojierty  they  wish   to  acquire 
pised  to  the  pajx;r  maximum,  while  wages  re- 
main at  the  silver  minimum. 

■l).  It  tends  to  make  and  to  brtak  fortunes,  by 
[the  flux  and  reflux  of  paper.  l'!.>tiise  issues, 
Jid  sudden  contractions,  perlbrm  this  ojiera- 
[lion,  which  can  be  repeated,  like  planetary  and 
lestilential  visitations,  in  evtry  cycle  of  so 
nanj  years  ;  at  every  periodii  .il  return,  trans- 
lerrmn;  millions  from  the  actual  possessors  of 
property  to  the  Neptunes  who  preside  over  th»' 
lux  and  reflux  of  pauer.  The  last  operation  of 
Vol.  I.— 13" 


I  Ills  kiivl  |ic'rfoni)i'd  l>y  tin-  U:iiik  if  F.idiinl, 
atirnt  llvt'  vraiK  nuo,  \\n*  ilffrt\t'\  I'V  Mr. 
AU-x.ntidir  Karitig.  in  the  IIiiiim>  of  ('i>tii!ii>>ti4, 
ill  ti>rtn»  whii-h  nn*  fiititltd  to  the  kno\>ii'dve 
mi.f  '  indiiliiiK  ,  '  \iiniricnn  citi/.iiK.  luiit 
Tvnii  1.1*  il'MTi|>Tii.n,  which  1m  brief,  but  iinpn'^- 
Kivf,  At'fi  I  l>MTil>ni|f  the  prol'iisK!  j^i^iic*  of 
I >^ ,i,V2 1,  he  |iuiiil(d  till'  riactiou  m  lh<  follow- 
ing tcriiiH : 

"'They,  tluTeforc,  all  nt  once,  |pive  n  pudden 
jerk  to  till  hor«e  oti  «h"-t'  neck  thi.v  had  Ik- 
fore  Mitl'iTid  the  n'in-*  to  tmiig  loo*,'.  Th' y 
coiitnii'tcd  tlu'ir  iii«iie:<  to  a  rc)ii>idiraf)li'  ext'iit. 
The  change  was  at  «\\ri-  frit  ihroiipiioiit  tlio- 
country.  A  few  days  liefore  tlmt.  no  one  '^iiew 
what  to  do  with  his  nioiicv  ;  now,  no  out  knew 
where  to  get  it.  ♦  *  •  *  The  London  )»w*k('i'A 
found  it  necessary  to  follow  the  name  iiNmivso 
towards  their  country  coriv.'*poii(!ent»,  ami  thi^e 
again  towanis  their  ciiffoniers,  and  imcIv  indi- 
vidual towards  his  debtor.  The  eoiiM'nuince 
was  obvittiis  in  the  late  panic.  Kvery  one, 
desirous  to  obtain  what  was  due  to  liim,  iiin  to 
his  banker,  or  to  any  other  on  whom  he  had  a 
claim;  and  even  those  who  had  no  /nniedimt« 
use  for  their  money,  took  it  back,  aii'i  l<  t  it  l»o 
unemployed  in  their  pockets,  thinking  unsato 
in  others'  hands.  The  etlect  of  this  ai  inn  was, 
that  houses  which  were  weak  went  innin  liat^ly. 
Then  went  second  rate  houses;  and,  lastly, 
houses  which  were  solvent  went,  becausi  their 
securities  were  unavailable.  The  daily  <  lis  to 
which  each  individual  was  subject  put  it  >  it  of 
his  power  to  assist  his  neighbor.  Men  vn-e 
known  to  seek  for  assistance,  and  that,  too, 
without  finding  it,  who, on  examination  of  their 
alliiirs,  were  proved  to  be  worth  2(K>,0(»0  pounds, 
— men,  too,  who  held  themselves  so  .secure,  tlmt, 
if  asked  six  months  before  whether  they  could 
contemplate  such  an  event,  they  would  have  su  d 
it  would  bo  impossible,  unless  tho  sky  shoiid 
fall,  or  some  other  event  equally  improbable 
should  occur.' 

"  This  is  what  was  done  in  England  live  years 
ago,  it  is  what  may  be  done  here  in  every  live 
years  to  come,  if  tho  bank  charter  is  renewed. 
Sole  dispenser  of  money,  it  cannot  omit  tho 
oldest  and  most  obvious  means  of  am-issiiig 
wealth  by  the  llux  and  reflux  of  paper.  Tho 
game  will  be  in  its  own  hands,  and  the  only 
answer  to  bo  given  is  that  to  which  I  have  al- 
luded :  '  The  Sultan  is  too  just  and  merciful  to 
abuse  his  power.' 

"  Thirdly.  1  object  to  the  renewal  of  the  char- 
ter, on  account  of  the  exclusive  privileges,  and 
anti-republican  monopoly,  which  it  gives  to  tho 
stockholders.  It  gives,  and  that  by  an  act  of 
Congress,  to  a  company  of  individuals,  the  ex- 
clusive legal  privileges : 

"  1.  To  carry  on  the  trade  of  b.anking  upon 
the  revenue  and  credit,  and  in  the  name,  of  the 
United  States  of  America. 

''  2.  To  pay  the  revenues  of  the  Union  in  their 
own  promissory  notes. 

"  .i.  To  hold  the  moneys  of  the  United  States 


:i    ! 


104 


THIRTY  YEARS'  VIEW. 


Ill  fk'pogit,  without  making  compensation  for  the 
undrawn  IialanceH. 

■•  4.  To  (liHcrtnlit  nnd  diBparnjie  the  notes  of 
other  banks,  by  exciudini;  theiu  from  the  col- 
lection of  the  federal  revenue. 

"5.  To  hoM  real  estate,  receive  i^nts,  and 
retiin  a  bmly  of  tenantry. 

"  (i.  To  deal  in  pawns,  merchandise,  and  bills 
of  exchange. 

'•  7.  To  establish  branches  in  the  States  with- 
out their  consent. 

■'  8.  To  be  exempt  from  liability  on  the  failure 
of  the  bank. 

•  9.  To  have  the  United  States  for  a  partner. 

■'  10.  To  have  forciKncrs  for  partners. 

"11.  To  be  exempt  from  the  repular  adminis- 
tration of  justice  for  the  violations  of  theircharter. 

"  12.  To  have  all  these  exclusive  privileges 
secured  to  them  as  a  monopoly,  in  a  pledge  of 
the  public  faith  not  to  grant  the  like  privileges 
to  any  other  company. 

"  These  are  the  privileges,  and  this  the  mo- 
nopoly of  the  bank.  Now,  let  us  examine  them, 
and  ascertain  their  cflect  and  bearing.  Let  us 
contemplate  the  magnitude  of  the  power  which 
they  create ;  and  ascertain  the  compatibility  of 
this  power  with  the  safety  of  this  republican 
government,  and  the  rights  and  interests  of  its 
free  and  equal  constituents. 

"  1.  The  name,  the  credit,  and  the  revenues 
of  the  United  States  are  given  up  to  the  use  of 
this  company,  and  constitute  in  themselves  an 
immense  capital  to  bank  upon.  The  name  of 
the  United  States,  like  that  of  the  King,  is  a 
tower  of  strength ;  and  this  strong  tower  is  now 
an  outwork  to  defend  the  citadel  of  a  moneyed 
corporation.  The  credit  of  the  Union  is  incal- 
culable ;  and,  of  this  credit,  as  going  with  the 
name,  and  being  in  partnership  with  the  United 
States,  the  same  coiporation  now  has  possession. 
The  revenues  of  the  Union  are  twenty-six  mil- 
lions of  dollars,  including  the  post-office ;  and  all 
this  is  so  much  capital  in  the  hands  of  the  bi:nk, 
because  the  revenue  is  received  by  it,  and  is 
payable  in  its  promissory  notes. 

"2.  To  pay  the  revenues  of  the  United  States 
in  their  own  notes,  until  Congress,  by  law,  shall 
otherwise  direct.  This  is  a  port  of  the  charter, 
iucnedible  and  extraordinary  as  it  may  appear. 
The  promissory  notes  of  the  bank  are  to  be 
recoired  in  payment  of  every  thing  the  United 
States  may  have  to  sell — in  discharge  of  eveiy 
debt  due  to  her,  until  Congress,  by  law,  shall 
otherwise  direct ;  so  that,  if  this  bank,  like  its 
prototype  in  England,  should  stop  payment,  its 
IH'omissory  notes  would  still  be  receivable  at 
every  custom-house,  land-offlce,  post-office,  and 
by  every  collector  of  public  moneys,  throughout 
the  Union,  until  Congress  shall  meet,  pass  a 
repealii>glaw,and  promulgate  the  repeal.  Other 
banks  flejiend  upon  their  credit  for  the  receiva- 
bility  of  their  notes ;  but  this  favored  institution 
has  law  <an  its  side,  and  a  chartered  right  to 
compel  the  reception  of  its  paper  by  the  federal 
goTcrnment     The  immediate  consequence  of 


this  extraordinary  privilege  is.  that  the  l"nitc4 
States  becomes  virtually  bound  to  stand  NHnirlty 
for  the  bank,  as  much  so  as  if  she  had  sijmH » 
Iwnd  to  that  cfll'ct ;  and  must  stand  forward  to 
sustain  the  ini^titution  in  all  cmrrpcnciefi  jj 
order  to  save  her  own  revenue.  This  ig  \^h„' 
has  already  happened,  some  ten  years  upc-  „  j 
the  early  progrefes  of  the  bonk,  and  when  tU 
immense  aid  given  it  by  the  federal  povernmett 
enabled  it  to  survive  the  crisis  of  its  own  ovir- 
whelming  mismanagement. 

3.  To  hold  the  moneys  of  the  United  Sfjtes 
in  deposit,  without  making   compensation  for 
the  use  of  the  undrawn  balances.— Tins  jfi 
right  which  I  deny ;  but,  as  the  bank  claims  it  I 
and,  what  is  more  material,  enjoys  it ;  and  n.^ 
the  people  of  the  United  States  have  gulloreil  | 
to  a  vast  extent  in  consequence  of  this  claim  1 
and  enjoyment,  I  shall  not  hesitate  to  ee{  it  I 
down  to  the  account  of  the  bank.    Let  «g  then  I 
examine  the  value  of  this  privilege,  and  itscf-l 
feet  upon  the  interest  of  the  community ;  and  i 
in  the  first  place,  let  us  have  a  full  and  accurate  I 
view  of  the  amount  of  these  undrawn  balance?  I 
from  the  establishment  of  the  bank  to  the  pre^j 
sent  day.    Here  it  is !    Look  I    Read ! 

"  See,  Mr.  President,  what  masses  of  morev 
and  always  on  hand.    The  paper  is  covered  nil 
over  with  millions :  and  yet,  for  all  tlicse  tjihI 
sums,  no  interest  is  allowed ;  no  compensationl 
is  made  to  the  United  States.    The  Bank  dfl 
Ehghuid,  for  the  undrawn  balances  of  the  rub-j 
lie  money,  has  made  an  equitable  compensationl 
to  the  British  government ;  namely,  a  peniia.| 
nent  loan  of  half  a  million  sterling,  and  a  tem- 
porary loan  of  three  millions  for  twenty  years  L 
without  interest.     Yet,  when  I  moved  for  il 
like  compensation  to  the  Untied  States,  thel 
proposition  was  utterly  rejected  by  the  Finance! 
Committee,  and  treated  as  an  attempt  to  vio-l 
late  the  charter  of  the  bank.     At  the  samel 
time  it  is  incontestable,  that  the  United  States! 
have  been  borrowing  these  undrawn  balances! 
from  the  bank,  and  paying  an  interest  upoJ 
their  own  money.    I  think  we  can  identify  oca 
of  these  loans.    Let  us  try.    In  May,  1824,  Coc^ 
gress  authorized  a  loan  of  five  millions  of  dollan 
to  pay  the  awards  under  the  treaty  with  Spainj 
commonly  called  the  Florida  treaty.    The  banj 
of  the  United  States  took  that  loan,  and 
the  money  for  the  United  States  in  Januury  anJ 
March,  1825.    In  looking  over  the  statement  of] 
undrawn  balances,  it  will  be  seen  that  thejl 
amounted  to  near  four  millions  at  the  end  of  tli| 
first,  and  six  millions  at  the  end  of  the  secom 
quarter  of  that  year.    The  inference  is  inesisti 
iblCj  and  I  leave  every  senator  to  make  it ;  onli 
adding,  that  we  have  paid  ^1,469.375  in  inteiWl 
upon  that  loan,  either  to  the  bank  or  its  transj 
ferrees.    This  is  a  strong  case ;  but  I  have  i 
stronger  one.     It  is  known  to  every  body,  thai 
the  United  States  subscribed  seven  millions  tl 
the  capital  stock  of  the  bank,  for  which  !n 
gave  her  stock  note,  bearing  an  interest  of  liij 
per  cent,  per  annum.    I  have  a  statement  froq 


|l^550,C64  in  the  h 


AN'NO  1831.     AXDUEW  JACKSON',  rRll-^IDENT. 


105 


the  Rffijister  of  the  Timsiirv.  from  which  it  ap- 
pttrt  that,  np  to  the  <'{<Kh  day  of  June  taut,  tlie 
[nited  States  hmi  paid  four  millions  KCTun  hun- 
dred an*!  twenty-flvo  thuusaiul  dollars  in  inter- 
ffl  upon  that  note ;  when  it  iH  proTcd  hv  the 
stiU-mcnt  of  balances  exhibited,  that  the  I'nitcd 
States,  for  the  whole  period  in  which  that  intcr- 
Mt  was  accruing,  had  the  half,  or  the  whole,  and 
,B(!i>  the  double,  of  these  Keren  millions  in  the 
lumds  of  the  bank.    This  is  a  stronger  case  than 
thit  of  the  flvo  million  loan,  but  it  is  not  the 
ftroDfrest    The  strongest  case  is  this:  in  the 
rear  1^17,  when  the  bank  went  into  opcmtion, 
the  United  States  owed,  among  other  debts,  a 
mm  of  about  fourteen  millions  and  three-quar- 
hrs,  bearing  an  interest  of  three  per  cent.    In 
the  same  year,  the  commissioners  of  the  sink- 
ing fund  wore  authorized  by  an  act  of  Congress 
to  purchase  that  stock  at  sixt^jr-flve  per  cent.,  | 
(hich  was  then  its  market  price.    Under  tliis  ' 
luthority,  the  amount  of  abjut  one  million  and 
I  blf  was  purchased ;  the  remainder,  amount- 
ing to  about  thirteen  millions  and  a  quarter, 
liu  continued  unpurchased  to  this  day ;  and, 
I  lAer  costing  the  United  States  about  six  mil- 
lions in  interest  since  1817,  the  stock  has  risen 
iboiit  four  millions  in  value;  that  is  to  say, 
I  I'rom  sixty-five  to  nearly  ninety-five.      Now, 
I  btre  is  a  clear  loss  of  ten  millions  of  dollars  to 
the  United  States.    In  1817  she  could  have  paid 
olF  tliirteen  millions  and  a  quarter  of  debt,  with 
ei^tit  millions  and  a  half  of  dollars :  now,  after 
piying  six  millions  of  interest,  it  would  require 
twelve  millions  and  a  half  to  pay  off  the  same 
debt.    By  referring  to  the  statement  of  undrawn 
balances,  it  will  be  seen  that  the  United  States 
had,  during  the  whole  year  1817.  an  average 
\fm  of  above  ten  millions  of  dollars  in  the 
hands  of  the  bank,  being  a  million  and  a  half 
more  than  enough  to  have  bought  in  the  whole 
of  the  three  per  cent,  stock.    The  question, 
therefore,  naturally  comes  up,  why  was  it  not 
ipplied  to  the  redemption  of  tnese  thirteen  mil- 
lions &nd  a  quarter,  according  to  the  authority 
contained  in  the  act  of  Congress  of  that  year  ? 
I  Certainly  the  bank  needed  the  money ;  for  it 
nrasjuBt  getting  into  operation,  and  was  as  hard 
nin  to  escape  bankruptcy  about  that  time,  as 
liny  bank  that  ever  was  saved  from  the  brink  of 
I  destruction.     This  is  the  largest  injury  which 
I  we  have  su.stained,  on  account  of  accommodat- 
lii;;  the  bank  with  the  gratuitous  use  of  these 

I  vast  deposits.    But,  to  show  myself  impartial, 

I I  will  now  state  the  smallest  case  of  injury 
■  that  has  come  within  my  knowledge:  it  is  the 
lease  of  the  bomis  of  fifteen  hundred  thousand 
I  dollars  which  the  bank  was  to  pay  to  the  United 
I  States,  in  three  equal  instalments,  for  the  pur- 
Idi^  of  its  charter.  Nominally,  this  bonua  has 
I  been  paid,  but  out  of  what  moneys  ?  Certainly 
lout  of  our  own ;  for  the  statement  shows  our 
Inoney  was  there,  and  further,  shows  that  it  is 
Istill  there ;  for,  on  the  30th  day  of  June  last, 
lifhich  is  the  latest  return,  there  was  still 
lt2,550,CG4  in  the  hands  of  the  bank,  which 


i»  above  .$750,000  more  than  the  amount  cf 
thf*  tinnuit. 

"Oncwcnl  more  upon  t lie  mihjort  of  thoj-o 
balanci's.     It  is  now  two  ytMrs  ^inw  I  made  nii 
effort  to  rrpcnl  the  4th  wtion  of  the  .Sinking 
Fund  act  of  1817  ;  a  si-ction  which  was  intended 
to  limit  the  ainmint  of  surplus  money  which 
might  be  kept  in  the  treasury,  to  two  millions 
of  dolhirs ;  but.  by  the  pf)wer  of  constniction, 
was  made  to  authorize  the  keeping  of  two  mil- 
lions in  addition  to  the  siiq)li)s.     I  wished  to 
repeal  this  section,  which  had  thus  been  con- 
strued into  the  reverse  of  its  intention,  and  to 
revive  the  first  section  of  the  Sinking  Fund  act 
of  1790,  which  directed  the  whole  of  the  surplus 
on  hand  to  bo  applied,  at  the  end  of  each  yetir, 
to  the  payment  of  the  public  debt.    My  argxinioiit 
was  this :  that  there  was  no  necessity  to  keep 
any  surplus ;  that  the  revenue,  coming  in  as  fast 
as  it  went  out,  was  like  a  perennial  fountain, 
which  you  might  drain  to  the  last  drop,  and  not 
exhaust ;  for  the  place  of  the  last  drop  would  be 
supplied  the  instant  it  was  out.    And  I  sup- 
ported this  reasoning  by  a  reference  to  the 
annual  treasury  reports,  which  always  exhibit 
a  surplus  of  four  or  five  millions ;  and  which 
were  equally  in  the  treasury  the  whole  yenr 
round,  as  on  the  last  day  of  every  year.    This 
was  the  argument,  which  in  fact  availed  nothing ; 
but  now  I  have  mathematical  proof  of  the  truth 
of  my  position.    Look  at  this  statement  of 
balances;  look  for  the  year  1810,  and  you  will 
find  but  three  hundred  thousand  dollars  on  hand 
for  that  year;  look  still  lower  for  1821,  and  you 
will  find  this  balance  but  one  hundred  and  eighty- 
two  thousand  dollars.    And  what  was  the  con- 
sequence?   Did  the  Government  stop?    Did 
the  wheels  of  the  State  chariot  cease  to  turn 
round  in  those  years  for  want  of  tredsury  oil  ? 
Not  at  all.    Every  thing  went  on  as  well  as 
before ;  the  operations  of  the  treasury  were  as 
perfect  and  regular  in  those  two  years  of  insig- 
nificant balances,  as  in  1817  and  1818,  when  five 
and  ten  millions  were  on  hand.     This  is  proof; 
this  is  demonstration;   it   is  the  indubitable 
evidence  of  the  senses  which  concludes  argu- 
ment, and   dispels   uncertainty;   and,   as   my 
proposal  for  the  repeal  of  the  4th  Section  of  the 
Sinking  Fund  act  of  1817  was  enacted  into  a 
law  at  the  last  session  of  Congress,  upon  the 
recommendation  of  the  Secretary  of  the  Trea- 
sury, a  vigilant  and  exemplary  officer,  I  tntst 
that  the  repeal  will  be  acted  upon,  and  that  the 
bank  platter  will  be  wiped  as  clean  of  federal 
money  in  1831,  as  it  was  in  1821.     Such  clean- 
taking  from  that  dish  will  allow  two  or  three 
millions  more  to  go  to  the  reduction  of  the  public 
debt ;  and  there  can  be  no  danger  in  taking  the 
lost  dollar,  as  reason  and  experience  both  prove. 
But,  to  quiet  every  apprehension  on  this  point, 
to  silence  the  last  suggestion  of  a  possibility  of 
any  temporary  deficit,  I  recur  to  a  provision 
contained  in  two  different  clauses  in  the  bank 
charter,  copied  from  an  amendment  in  the  charter 
of  the  Btiuk  of  England,  and  expressly  made,  at 


1 1  •"    ■%  ' 


'  -     .'      ■  .ri,t-'. 


106 


TIIIRTV  YEARS'  VIEW. 


the  instance  of  tlie  niiniptry,  to  mwt  the  con- 
tinjrency  of  a  toinporary  di'titii-ncy  in  the  annual 
nveniio.  The  Knplish  provision  is  tliis:  that 
the  (rovurninent  may  borrow  of  the  bank  half 
a  million  sterlinp,  at  any  time,  without  a  special 
act  of  parliament  to  authorize  it.  The  provision 
in  our  charter  is  the  same,  with  the  single  sub- 
Htituti(m  of  dollars  for  pounds.  It  is,  in  words 
and  intention,  a  standing?  authority  to  borrow 
that  limited  sum,  for  the  obvious  purpose  of 
preventing  a  constant  keeping  of  a  sum  of 
money  in  hand  as  a rcscrAc,  to  meet  continjiien- 
cies  which  hardly  ever  occur.  This  contingent 
authority  to  elfect  a  small  loan  has  often  been 
used  in  England — in  the  United  States,  never; 
possibly,  because  there  has  been  no  occasion  for 
it;  probably,  because  ♦ho  clause  was  copied 
mechanically  from  the  iinglish  charter,  and 
without  the  perception  of  its  practical  bearing. 
Be  this  as  it  may,  it  is  certainly  a  wise  and 
prudent  provision,  such  as  all  governments 
should,  at  all  times,  be  clothed  with. 

'•  If  any  senator  thinks  that  I  have  exagge- 
rated the  injury  suflered  by  the  United  States, 
on  account  of  the  uncompensated  masses  of 
public  money  in  the  hands  of  the  bank,  I  am 
now  going  to  convince  him  that  he  is  wrong. 
I  am  going  to  prove  to  him  that  I  have  under- 
stated the  case;  that  I  have  purposely  kept 
back  a  large  part  of  it;  and  that  justice  requires 
a  further  development.  The  fact  is,  that  there 
are  two  difl'erent  deposits  of  public  money  in  the 
bank ;  one  in  the  name  of  the  Treasurer  of  the 
United  States,  the  other  in  the  name  of  disbursing 
oflicers.  The  annual  average  of  the  former  has 
been  ab^at  three  and  a  half  millions  of  dollars, 
and  of  this  I  have  said  not  a  word.  But  the 
essential  character  of  both  deposits  is  the  same ; 
they  are  both  the  property  of  the  United  States ; 
both  permanent;  both  available  as  so  much 
capital  to  the  bank ;  and  both  uncompensated. 

'*  I  have  not  ascertained  the  average  of  these 
deposits  since  1817,  but  presume  it  may  equal 
the  amount  of  that  bonus  of  one  million  five 
hundred  thousand  dollars  for  which  wc  sold  the 
charter,  and  which  the  Finance  Committee  of 
the  Senate  compliments  the  bank  for  paying  in 
three,  instead  of  seventeen,  annual  instalments ; 
and  shows  how  much  interest  they  lost  by  doing 
80.  Certainly,  this  was  a  disadvantage  to  the 
bank. 

"  Mr.  President,  it  does  seem  to  me  that  there 
is  something  ominous  to  the  bank  in  this  contest 
for  compensation  on  the  undrawn  balances.  It 
is  the  very  way  in  which  the  struggle  began  in 
the  British  Parliament  which  has  ended  in  the 
overthrow  of  the  Bank  of  England.  It  is  the 
way  in  which  the  struggle  is  beginning  here. 
My  resolutions  of  two  and  three  years  ago  are 
the  causes  of  the  speech  which  you  now  hear ; 
and,  as  I  have  reason  to  believe,  some  others 
more  worthy  of  your  hearing,  which  will  come 
at  the  proper  time.  The  question  of  compensa- 
tion for  balances  is  now  mixing  itself  up  here, 
!W  in  England,  with  the  question  of  renewing 


the  charter;  and  the  two,  acting  together,  wjii 
fall  with  combined  weight  upon  the  public  tnin.]  I 
and  certainly  eventuate  here  as  they  did  thcw 

"  4.  To  discredit  and  disparage  the  notes  of  «i 
other  banks,  by  excluding  them  from  the  colltt-, 
tion  of  the  federal  revenue.     This  results  fruni  1 
the  collection — no,  not  the  collection,  but  ili. 
receipt  of  the  revenue  having  been  conmninicatiil 
to  the  bank,  and  along  with  it  the  virtual  exe- 
cution of  the  joint  resolution  of  181(1,  to  repilatf 
the  collection  of  the  federal  revenue.    The  exi'- 
cution  of  that  resolution  was  intended  to  bcl 
vested   in    the  Secretary  of  the   'J'rea.sury—j 
disinterested  arbiter  between  rival  banks;  but 
it  may   be    considered  as  virtually  devolvcij  I 
upon  the  Bank  of  the  United  States,  and  ik)«  it- 1 
fully  increases  the  capacity  of  that  institution  to  I 
destroy,  or   subjugate,  all  other  banks.    Thisl 
power  to  disparage  the  notes  of  all  other  banks  I 
is  a  power  to  injure  them ;  and,  added  to  all  the  [ 
other  privileges  of  the  Bank  of  the  United  States  I 
is  a  power  to  destroy  them !    If  any  one  douUsI 
this  assertion,  let  him  read  the  answers  of  the  I 
president  of  the  bank  to  the  questions  put  to  I 
him  by  the  chairman  of  the  Finance  Committee  f 
These  answers  are  appended  to  the  committee  si 
report  of  the  last  session  in  favor  of  the  bank  I 
and  expressly  declare  the  capacity  of  the  federail 
bank  to  destroy  the  State  banks.    The  worthvl 
chairman  [Mr.  Smith,  of  Md.]  puts  this  qucs.| 
tion ;  '  Has  the  bank  at  any  time  oppressed  anyl 
of  the    State    banks.'     The    president   [Mr, 
Biddle],  answers,  as   the  whole  world  wouldl 
answer  to  a  question  of  oppression,  that  it  nevei 
had;  and  this  response  was  as  much  as  thol 
interrogatory  required.    But  it  did  not  contcni 
the  president  of  the  bank ;  he  chose  to  go  further' 
and  to  do  honor  to  the  institution  over  whici 
he  presided,  by  showing  that  it  was  as  just  am 
generous  as  it  was  rich  and  powerful.    Hi 
therefore,  adds  the  following  words,  for  which| 
as  a  seeker  after  evidence,  to  show  tlie  alarmini 
and  dangerous  character  of  the  b^nk,  I  retui 
him  my  unfeigned  thanks :  '  There  hre  very  fc 
banks  which  might  not  have  been  destroyed  b 
an  exertion  of  the  power  of  the  bank.' 

"  This  is  enough !    proof  enough !   not  foi 
me  alone,  but  for  all  who  are  unwilling  to  sec 
moneyed  domination  set  up — a  moneyed  oli 
garchy  established  in  this  land,  and  the  entii 
Union  subjected  to  its  sovereign  will.    Tl 
power  to  destroy  all  other  banks  is  admittei 
and  declared  ;  the  inclination  to  do  so  is  kno 
to  all  rational  beings  to  reside  with  the  power] 
Policy  may  restrain  the  destroying  faculties  fe 
the  present ;   but  they  exist ;  and  will  coi 
forth  when  interest  prompts  and  policy  pcmiii 
They  have   been  exercised;  and  the  genci 
prostration  of  the  Southern  and  Western  banl 
attest  the  fact.    They  will  be   exercised  (tl 
charter  bemg  renewed),  and  the  remaining Stai 
banks  will  be  swept  with  the  besom  of  destrui 
tion.    Not  that  all  will  have  their  signs  knooki 
down,  and  their  doors  closed  up.    Far  worse  thi 
that  to  many  of  them.    Subjugation,  in  pnlci 


ANNO  1831.     ANDREW  JACK80X,  PRESIDENT. 


197 


^  to  dcstniction,  will  be  the  fate  of  many.  | 
f^j^ry  planet  miist  have  its  satellites;  every' 
■tranny  must    have    its   instruments  ;    every 
knizht  is  followed  by  his  squire;  even  the  king 
ofbea-Hs,  the  royal  quadruped,  whose  roar  sub-  j 
il,ifs  the  forest,  must  have  a  small,  subservient  j 
mimal  to  sprinp  hia  prev.    Just  so  of  this  j 
npfrial  bank,  when  installed  anew  in  its  for-  ] 
midaWf  and  lasting  power.     The  State  banks, 
spared  by  the  sword,  will  be  passed  under  the 
juke.    They  will  become  subordinate  parts  in 
ibf  prP^t  machine.    Their  place  in  the  scale  of 
ciibordination  will  be  one  degree  below  the  rank 
of  tlie  legitimate  branches ;  their  business,  to 
perform  the  work  which  it  would  be  too  disre- 
putable for  the  legitimate  branches  to  perform. 
jhis  will  be  the  fate  of  the  State  banks  which 
jre  allowed  to  keep  up  their  signs,  and  to  set 
cpin  their  doors ;  and  thus  the  entire  moneyed 
power  of  the  Union  would  fall  into  the  hands  of 
one  single  institution,  whoso   inexorable  and 
Invisible  mandates,  emanating  from  a  centre, 
(fould  pervade  the  Union,  giving  or  withholding 
money  according  to  its  own  sovereign  will  and 
sbsoliito  pleasure.    To  a  favored  State,  to  an 
individual,  or  a  cla.s3  of  individuals,  favored  by 
.he  central  power,  the  golden  stream  of  Pactolus 
(Tould  flow  direct.    To  all  such  the  munificent 
mandates  of  the  High  Directory  would  come, 
js  the  fabled  god  made  his  terrestrial  visit  of  love 

I  jnd  desire,  enveloped  in  a  shower  of  gold.  But 
to  others — to  those  not  favored — and  to  those 

Kited— the  mandates  of  this  same  directory 
would  be  as  '  the  planetary'  pli^^ne  which  hangs 
its  poison  in  the  sick  air ; '  death  to  them ! 
death  to  all  who  minister  to  their  wants  !    What 

I I  state  of  things  !    What  a  condition  for  a  con- 
Ifederacy  of  States!    What  grounds  for  alarm 

usd  terrible  apprehension,  when  in  a  confede- 
ncy  of  such  vast  extent,  so  many  independent 
I  States,  so  many  rival  commercial  cities,  so  much 
I  ffctional  jealousy,  such  violent  political  parties, 
I  tuch  fierce  contests  for  power,  there  should  be 
t  one  moneyed  tribunal,  before  which  all  the 
Irival  and  contending  elements  must  appear  1  but 
I  one  single  dispenser  of  money,  to  which  every 
I  citizen,  every  trader,  every  merchant,  every 
I  manufacturer,  every  planter,  every  corporation, 
Imry  city,  every  State,  and  the  federal  govem- 
Iment  itself,  must  apply,  in  every  emergency,  for 
most  indispensable  loan !  and  this,  in  the 
Ifice  of  the  fact,  that,  in  every  contest  for  hu- 
Iman  rights,  the  great  moneyed  institutions  of 
jthe  world  have  uniformly  been  found  on  the  side 
lof  kin^  and  nobles,  against  the  lives  and  liberties 
f  the  peoplei 

"5.  To  hold  real  estate,  receive  rents,  and  re- 
bin  a  body  of  tenantry.  This  privilege  is  hos- 
■tile  to  the  nature  of  our  republican  government, 
nd  inconsistent  with  the  nature  and  design  of 
I  banking  institution.  Republics  want  free- 
loldcrs,  not  landlords  and  tenants ;  and,  except 
pe  corporators  in  this  bank,  and  in  the  British 
ist  India  Company,  there  is  not  an  incorpora- 
Itl  body  of  landlords  in  any  country  upon  the 


face  of  the  earth  whose  laws  emanate  from  a 
legislative  lM<dy.     Banks  are  instituk'd  to  pro- 
mote trade  and  industry,  and  to  aid  the  govirn- 
ment  and  its  citizi'ns  with  louns  of  money.     The 
whole  argument  in  favor  of  banking — every  ar- 
gument in  fuvor  of  this  bank — rests  upon  that 
idea.     No  one,  when  this  charter  was  granted, 
presumed  to  speak  in  fuvor  fif  incorjiorating  a 
society  of  landlords,  especially  foreign  landlordr*. 
to  buy  lands,  build  houses,  rent  tenements,  and 
retain  tenantrj'.     Loans  of  money  was  the  ob- 
ject in  view,  and  the  iiurehase  of  real  estate  is 
incompatible  with  that  olyect.    Instead  of  re- 
maining bankers,  the  corporators  may  turn  land 
speculators:  instead  of  having  money  to  lend, 
they  may  turn  you  out  tenan  ts  to  vote.    To  an  aj)- 
plication  for  a  loan,  they  may  answer,  and  answt  r 
truly,  that  they  have  no  money  on  hand ;  and  the 
reason  may  be,  that  they  have  laid  it  out  in  land. 
This  seems  to  be  the  case  at  present.    A  com 
mittee  of  the  legislature  of  Pennsylvania  has 
just  applied  for  a  loan ;   the  president  of  the 
bank,  nothing  loth  to  make  a  loan  to  that  great 
state,  for  twenty  years  longer  than  the  charter 
has  to  exist,  expresses  his  regret  that  he  can- 
not lend  but  a  limited  and  inadequate  sum.    The 
funds  of  the  institution,  he  says,  will  not  permit 
it  to  advance  more  than  eight  millions  of  dollars. 
And  why  ?  because  it  has  invested  three  millions 
in  real  estate !  To  this  power  to  hold  real  estate, 
is  superadded  the  means  to  acquire  it.    The  bank 
is  now  the  greatest  moneyed  power  in  the 
Union ;  in  the  event  of  the  renewal  of  its  char- 
ter, it  will  soon  be  the  sole  one.    Sole  dispenser 
of  money,  it  will  soon  be  the  chief  owner  of  pro- 
perty.    To  unlimited  means  of  acquisition,  would 
be  united  perpetuity  of  tenure ;  for  a  corporation 
never  dies,  and  is  free  from  the  operation  of  the 
laws  which  govern  the  descent  and  distribution  of 
real  estate  in  the  hands  of  individuals.    The  lim- 
itations in  the  charter  ore  vain  and  illusory. 
They  insult  the  understanding,  and  mock  the 
credulity  of  foolish  believers.     The  bank  is  first 
limited  to  such  acquisitions  of  real  estate  as  aro 
necessary  to  its  own  accommodation ;  then  comes 
a  proviso  to  undo  the  limitation,  so  far  as  it  con- 
cerns purchases  upon  its  own  mortgages  and 
executions!    This   is  the  limitation  upon  the 
capacity  of  such  an  institution  to  acquire  real 
estate.    As  if  it  had  any  thing  to  do  but  to  make 
loans  upon  mortgages,  and  push  executions  upon 
judgments !    Having  all  the  money,  it  would  be 
the  sole  lender ;  mortgages  being  the  road  to 
loans,  all  borrowers  must  travel   that  road. 
When  birds  enough  are  in  the  net,  the  fowler 
draws  his  string,  and  the  keads  are  wrung  oft". 
So  when  mortgages  enough  are  taken,  the  loans 
are  called  in ;  discounts  coase ;  curtailments  are 
mode;    failures    to    pay  ensue;    writs    issue; 
judgments  and  executions  follow;  all  the  mort- 
gaged premises  are  for  sale  at  once ;  and  the  at- 
torney of  the  bank  appears  at  the  elbow  of  the 
marshal,  sole  bidder  and  sole  purchaser. 

"What  is  the  legal  etfect  of  this  vast  capacity 
to  acquire,  and  this  legal  jwwer  to  retain,  rcill 


!  ■' 


i    !•', 


J  98 


THIRTY  YELVRS'  VIEW. 


I  ntnlii  ?  Is  it  not  tlie  creation  of  a  new  sptcicB 
of  mortmain?  An<l  of  a  i<ind  more  odious  and 
diuifjcrons  than  that  mortmain  of  the  church 
\»l>iah  it  batHcd  the  Knglisli  Parliament  so  many 
ii'zcH  to  al>oliKh.  The  mortmain  of  the  church 
wan  a  power  in  an  ecclesiastical  cor))oration  to 
liold  real  estate,  indejiendent  of  the  laws  of  dis- 
tribution and  descent:  the  mortmain  of  the  bank 
!■)  a  i)owcr  in  a  lay  cor|K)ration  to  do  the  same 
thinj.'.  The  evil  of  the  two  tenures  is  identical ; 
tliu  dilTerenco  between  the  two  corporations  is 
no  more  than  the  dillerencc  between  parsons  and 
money-changers;  the  capacity  to  do  mischief 
incomparably  tlie  greatest  on  the  part  of  the  lay 
corporators.  The  church  could  only  operate 
upon  the  few  who  wore  thinking  of  the  other 
vorld ;  the  bank,  upon  all  who  are  immersed  in 
the  business  or  the  pleasures  of  this.  The  means 
of  the  church  were  nothing  but  prayers ;  the 
means  of  the  bank  is  money !  The  church  re- 
ceived what  it  could  beg  from  dying  sinners ;  the 
bank  may  extort  what  it  pleases  from  the  whole 
living  generation  of  the  just  and  imjust.  Such 
is  the  parallel  between  the  mortmain  of  the  two 
corporations.  They  both  end  in  monopoly  of 
estates  and  perpetuity  of  succession;  and  the 
bank  is  the  greatest  monopolizer  of  the  two. 
Monopolies  and  perpetual  succession  are  the  bane 
of  republics.  Our  ancestors  took  care  to  prov ide 
against  them,  by  abohshing  entails  and  primo- 
geniture. Kven  the  glebes  of  the  church,  lean 
and  few  as  they  were  in  most  of  the  States,  fell 
under  the  republican  principle  of  limited  tenures. 
All  the  States  abolished  the  anti-republican  ten- 
ures ;  but  Congress  re-establishes  them,  and  in 
a  manner  more  dangerous  and  oifensive  than  be- 
fore the  Revolution.  They  are  now  given,  not 
generally,  but  to  few ;  not  to  natives  only,  but 
to  foreigners  also ;  for  foreigners  are  large  own- 
ers of  this  bank.  And  thus,  the  principles  of 
the  Revolution  sink  before  the  privileges  of  an 
incorporated  company.  The  laws  of  the  States 
fall  before  the  mandates  of  a  central  directory 
in  Philadelphia.  Foreigners  become  the  land- 
lords of  free-born  Americans;  and  the  young 
and  flourishing  towns  of  the  United  States  are 
verging  to  the  fate  of  the  family  boroughs  \vhich 
belong  to  the  great  aristocracy  of  England. 

'•  Let  no  one  say  the  bank  will  not  avail  itself 
of  its  capacity  to  amass  real  estate.  The  fact  is, 
it  has  already  done  so.  I  know  towns,  jea, 
cities,  and  could  name  them,  if  it  might  not  seem 
mvidious  from  this  elevated  theati'e  to  make  a 
public  reference  to  their  misfortunes,  in  which 
this  bank  already''  appears  as  a  dominant  and 
engros!<ing  proprietor.  I  have  been  in  places 
whore  the  answers  to  inquiries  for  the  owners 
ct'  tlie  most  valuable  tenements,  would  remind 
you  of  the  answers  given  by  the  Egyptians  to 
c-imilar  questions  from  the  French  othcers,  on 
their  march  to  Cairo,  You  recollect,  no  doubt, 
sir,  the  dialogue  to  which  I  allude:  'Who 
owns  that  palace  ? '  '  The  Mameluke ; '  '  Who 
tills  country  house?'  'The  Mameluke;'  'These 
g.irJcuo?'  'The  Mameluke;'  ''That field  covered 


with  rice?'  'The  Manielnke.'— And  thim  Imt, 
I  been  answered,  in  the  towns  and  cities  n  firn,) 
to,  with  the  single  exception  of  the  name  of  tho 
Bank  of  the  United  States  substituted  for  tl,a. 
of  the  military  scourge  of  Egypt  If  this  is  f]„nc 
under  the  first  charter,  what  may  not  be  cxtuct- 
ed  under  the  second?  If  this  is  done  whi|,. 
the  bank  is  on  its  best  behavior,  what  may  sin- 
not  do  when  freed  from  all  restraint  and  deliver- 
ed up  to  the  boundless  cupidity  and  reroorHJuis 
exactions  of  a  moneyed  corporation  ? 

"  G.  To  deal  in  pawns,  merchandise,  and  bills 
of  exchange.     I  hope  the  Senate  will  not  require 
me  to  read  dry  passages  from  the  charter  to 
prove  what  I  say.    I  know  I  speak  a  thing  near- 
ly incredible  when  I  allege  that  this  banlv  in 
addition  to  all  its  other  attributes,  is  an  incortjo. 
rated  company  of  pawnbrokers  I    The  allegation 
staggers  belief,  but  a  reference  to  the  charter  will 
dispel  incredulity.    The  charter,  in  the  first  part 
forbids  a  trailic  in  merchandise ;  in  the  after 
part,  permits  it.    For  truly  this  instrument 
seems  to  have  been  framed  upon  the  princitiles 
of  contraries ;  one  principle  making  limitations,  i 
and  the  other  following  alter  with  provisos  to 
undo  them.     Thus  is  it  with  lands,  as  1  have  I 
just  shown ;  thus  is  it  with  merchandise  as  I 
now  show.    The  bank  is  forbidden  to  deal  in 
merchandise — proviso,  unless  in  the  case  tf 
goods  pledged  for  money  lent,  and  not  rcdecintij 
to  the  day ;  and,  proviso,  again,  unless  for  goods  I 
which  shall  be  the  proceeds  of  its  lands.    With 
the  help  of  these  two  provisoSj  it  is  clear  that 
the  limitation  is  undone;  it  is  clear  that  the 
bank  is  at  liberty  to  act  the  pawnbroker  and 
merchant,  to  any  extent  tha*.  it  pleases.    It  may 
say  to  all  the  merchants  who  want  loans,  Plcd|;e  1 
your  stores,  gentlemen !    They  must  do  it,  or  I 
do  worse ;  and,  if  rny  accident  prevents  redemp- 1 
tion  on  the  day,  the  pawn  is  forfeited,  and  the  I 
bank  takes  possession.    On  the  other  hand,  it  i 
may  lay  out  its  rents  for  goods ;  it  may  sell  its  I 
real  estate,  now  worth  three  millions  of  doliarj!,| 
for  goods.    Thus  the  bank  is  an  incorporatui 
company  of  pawnbrokers  and  merchants,  as  well 
as  an  incorporation  of  landlords  and  land-specu- 
lators; and  this  derogatory  privilege,  like  tb 
others,  is  copied  from  the  old  Bank  of  England  I 
charter  of  1(594.    Bills  of  exchange  are  also  sul>| 
jcctcd  to  the  traffic  of  this  bank.    It  is  a  trafiiol 
unconnected  with  the  trade  of  banking,  dinjicr-r 
ous  for  a  great  bank  to  hold,  and  now  operaticgl 
most  injuriously  in  the  South  and  West   It  isl 
the  process  which  drains  these  quarters  of  tliJ 
Union  of  their  gold  and  silver,  and  stifles  \u\ 
growth  of  a  fair  commerce  in  the  products  of  tlio 
country.    The  merchants,  to  make  remittances! 
buy  bills  of  exchange  from  the  branch  banksj 
instead  of  buying  produce  from  the  fanuersj 
The  bills  are  paid  for  in  gold  and  silver;  and, 
eventually,  the  gold  and  silver  are  scut  to  th^ 
mother  bank,  or  to  the  branches  in  the  Hasten 
cities,  either  to  meet  these  bills,  or  to  rcpknifli 
their  coffers,  and  to  furnish  vast  loans  to  tiiToritJ 
States  or  iudividuals.    The  bills  sell  cheap,  a} 


I  contrary,  was   not 


AXN'O  18:n.    ANDKEW  JACKSON,  rnF>;DE:.T. 


199 


,  fpclion  of  one  per  cent. ;  they  are,  therefore, 
,  :ooii  R-niittaiicu  to  tho  merchant.  To  the  bank 
.j'^.  oiKTation  ia  doubly  good ;  for  even  tho  half 
'{one  per  cent  on  bilU  of  exchanf;o  is  a  great 
Irutit  to  the  institution  which  inunupolizcs  that 
busincsi',  while  tho  collection  and  delivery  to 
(je  branches  of  all  the  hard  money  in  tho  coun- 
trr  i^  A  >^t>''  more  considerable  advantage.  Under 
jliis  system,  the  best  of  tho  Western  banks — I 
io  not  speak  of  those  which  had  no  foundations, 
j3,l  6unk  under  tho  weight  of  neighborhood 
opinion,  but  those  which  deserved  favor  and 
cjntWenct — sunk  ten  years  ago.  Under  this  sys- 
ifin,  the  entire  West  is  now  undergoing  a  silent, 
iviicral,  and  invisible  drain  of  its  hard  money  ; 
yd  if  not  quickly  arrested,  these  States  will 
im  ho,  so  far  as  the  precious  metals  are  con- 
cerned, no  more  than  the  empty  skin  of  an  im- 
molated victim. 

•7.  To  establish  branches  in  tho  different 
States  without  their  consent,  and  in  defiance  of 
their  resistance.  No  one  can  deny  the  degrad- 
ing and  injurious  tendency  of  this  privilege.  It 
(iiiogatea  from  the  sovereignty  of  a  State; 
tnuiiiles  upon  her  laws;  injures  her  revenue 
uiJ  couiraerco ;  lays  open  her  government  to 
the  attacks  of  centralism ;  impairs  the  property 
cf  her  citizens ;  and  fastens  a  vampire  on  her 
bosum  to  suck  out  her  gold  and  silver.  1. 
It  derogates  from  her  sovereignty,  because  the 
central  institution  may  impose  its  intrusive 
hrauches  upon  the  State  without  her  consent, 
wd  in  defiance  of  her  resistance.  This  has  al- 
ready been  done.  Tho  State  of  Alabama,  but 
four  years  ago,  by  a  resolve  of  her  legislature, 
Kiuoustrated  against  the  intrusion  of  a  branch 
upon  her.  She  protested  against  tho  favor. 
Was  the  will  of  the  State  respected  ?  On  the 
ciiitrary,  was  not  a  branch  instantaneously 
forced  upon  her,  as  if.  by  the  suddenness  of  the 
iction,  to  make  a  striking  and  conspicuous  dis- 
play of  the  omnipotence  of  the  bank,  and  the 
nullity  of  the  State  ?  2.  It  tramples  upon  her 
Ijff/! ;  because,  according  to  the  decision  of  the 
Supreme  Court,  the  bank  and  all  its  branches  are 
uholiy  independent  of  State  legislation ;  and  it 
tramples  on  them  again,  because  it  authorizes 
foreigners  to  hold  lands  and  tenements  in  every 
state,  contrary  to  the  laws  of  many  of  them ; 
ind  because  it  admits  of  the  mortmain  tenure, 
«hich  is  condemned  by  all  the  republican  States 
in  the  Union.  3.  It  injures  her  revenue,  because 
the  bank  stock,  imder  the  decision  of  the  Su- 
preme Court,  is  not  liable  to  taxation.  And 
thus,  foreigners,  and  non-resident  Americans, 
[who  monopolize  the  money  of  the  State,  who 
its  best  lands  and  town  lots,  who  med- 
in  its  elections,  and  suck  out  its  gold 
id  silver,  and  perform  no  military  duty, 
exempted  from  paying  taxes,  in  proportion 
their  wealth,  for  the  support  of  the  State 
hose  laws  they  trample  upon,  and  whose 
mfits  they  usurp.  4.  It  subjects  the  State 
tho  dangerous  manoeuvres  and  intrigues  of 
Dtralism,  by  means  of  the  tenants,  debtors, 


bank  officers,  and  bank  money,  which  the  crn- 
tral  director)'  retain   in  the    Htate,  ami  nmy 
cmbmly  and  direct  against  it  in  its  eli-ction.-, 
and  in  its  k-gialativo  and  judicial  proceedin^rs. 
5.  It  tends  to  impair  the  property  of  ilit-  ritiztns, 
and,  in  some  instances,  that  of  the  StuUn,  >>y 
destroying  the  State  banks  in  which  they  lin\'t 
invested  their  money.    C.  It  is  injurious  to  th<- 
commerce  of  tho  States  (I  speak  of  the  Wot- 
em  States),  by  substituting  a  traile  in  bilis 
of  exchange,  for  a  trade  in  the  products  of 
the  country.    7.  It  fastens  a  vampire  on  the 
bosom  of  the  State,  to  suck  away  its  gold  and 
silver,  and  to  co-operate  with  the  course  (T 
trade,  of  federal  legislation,  and  of  exchange,  in 
draining  tho  South  and  W  est  of  all  their  hard 
money.    The  Southern  States,  with  their  thirty 
millions  of  annual  exports  in  cotton,  rice,  and 
tobacco,  and  the  Western  States,  with   their 
twelve  millions  of  provisions  and  tobacco  ex- 
ported from  New  Orleans,  and  five  millions 
consumed  in  the  South,  and  on  the  lower  Mic^- 
sissippi, — that  is  to  say,  with  three  fifths  of  tho 
marketable  productions  of  the  Union,  are  not 
able  to  sustain  thirty  specie  paying  banks ;  »vhilo 
the  minority  of  the  States  north  oif  the  Potomac, 
without  any  of  the  great  staples  for  export,  have 
above  four  hundred  of  such  banka.   These  States, 
without  rice,  without  cotton,  without  tobacco, 
without  sugar,  and  with  less  flour  and  provisions, 
to  export,  are  saturated  with  gold  and  silver ; 
while  the  Southern  and  Western  States,  with 
all  tho  real  sources  of  wealth,  arc  in  a  state  of 
the  utmost  destitution.    For  this  calamitous 
reversal  of  the  natural  order  of  things,  the  Bank 
of  the  United  States  stands  forth  pre-eminently 
culpable.    Yes,  it  is   pre-eminently  culpable ! 
and  a  statement  in  the  '  National  Intelligencer ' 
of  this  morning  (a  paper  which  would  overstate 
no  fact  to  the  prejudice  of  the  bank),  cites  and 
proclaims  the  fact  which  prv,-,e8  this  culpabilit}'. 
It  dwells,  and  exults,  on  the  quantity  of  gold 
and  silver  in  the  vaults  of  the  United  States 
Bank.    It  declares  that  institution  to  be  '  over- 
burdened' with  gold  and  silver;  and  well  may  it 
be  so  overburdened,  since  it  has  lifted  the  load 
entirely  from  the  South  and  West.    It  calls  these 
metals  '  a  drug '  in  the  hands  of  the  bank ;  that 
is  to  say,  an  article  for  which  no  purchaser  can 
be  found.    Let  this  '  drug,'  like  the  treasures  of 
the  dethroned  Dey  of  Algiers,  be  released  from 
the  dominion  of  its  k(^per ;  let  a  part  go  back 
to  the  South  and  West,  and  the  bank  will  no 
longer  complain  of  repletion,  nor  they  of  de- 
pletion. 

"8.  Exemption  of  the  stockholders  from  indi- 
vidual liability  on  the  failure  of  the  bank.  This 
privilege  derogates  from  the  common  law,  is  con- 
trary to  the  principle  of  partnerships,  and  inju- 
rious to  tho  rights  of  the  community.  It  is  a 
peculiar  privilege  granted  by  law  to  these  corpo- 
ratorSj  and  exempting  them  from  liability,  except 
in  their  corporate  capacity,  and  to  the  amount  o/ 
the  assets  of  the  corporation.  Unliappily  these 
assets  arc  rover  assez,  that  is  to  say,  enough. 


i;::i' 


V!'  '(4-:0 


'      :     t. 


200 


THIRTY  YEARS'  VIEW 


wrhcn  ocrojiion  rotncs  for  rcTtirrinp  to  thorn. 
When  ft  blink  fails,  its  assnts  uro  nlwnjs  less 
than  its  (lehts;  so  that  rfsi)onsil>ility  fails  the 
inKtant  that  liability  aocriies,  I/t't  no  one  say 
that  the  hank  of  the  United  States  is  too  preat 
to  fail.  One  preater  than  it,  and  its  prototy|)0, 
has  fiiilefj,  and  that  in  our  own  da}',  nnd  for 
tw<!nty  years  at  a  time:  the  Bank  of  Enpland 
tailed  in  I7!'7,  nnd  the  IJaiikof  the  United  States 
was  on  the  fH>int  of  failinp  in  1810.  The  same 
oause,  namely,  stockjobbing  and  overtrading, 
carried  both  to  the  brink  of  destruction ;  the 
same  means  saved  l)oth,  namely,  the  name,  the 
cre<lit,  and  the  helping  hand  of  the  povemments 
which  protected  them.  Yes,  the  liank  of  the 
United  States  may  fail ;  and  its  stockholders 
live  in  splendor  upon  the  princely  estates  ac- 
quired with  its  notes,  while  the  industrious  classes, 
who  hold  these  notes,  will  be  imablo  to  receive  a 
shilling  for  them.  This  is  unjust.  It  is  a  vice 
in  the  charter.  The  true  principle  in  banking 
requires  each  stockholder  to  be  liable  to  the 
amount  of  his  shares  ;  and  subjects  him  to  the 
summary  action  of  every  holder  on  the  failure  of 
the  institution,  till  ho  has  paid  up  the  amount  of 
his  subscription.  This  is  the  true  principle.  It 
has  prevailed  in  Scotland  Ibr  the  last  century, 
nnd  no  such  thing  as  a  broken  bank  has  been 
known  there  in  all  that  time. 

"  9.  To  have  the  United  States  for  a  partner. 
Sir,  there  is  one  consequence,  one  residt  of  all 
partnerships   between  a  government  and  indi- 
viduals, which  should  of  itself,  and  in  a  mere 
mercantile  point  of  view,  condemn  this  associa- 
tion on  the  part  of  the  federal  government.     It 
is  the  principle  which  puts  the  strong  partner 
forward  to  bear  the  burden  whenever  the  con- 
cern is  in  danger.    The  weaker  members  flock 
to  the  strong  partner  at  the  approach  of  the 
storm,  and  the  necessity  of  venturing  more  to 
save  what  he  has  already  staked,  leaves  him  no 
alternative.    He  becomes  the  Atlas  of  the  firm, 
and  bears  all  upon  his  own  shoulders.    This  is 
the  principle  :  what  is  the  fact  ?    Why,  that  the 
United  States  has  already  been  compelled  to 
sustain  the  federal  bank ;  to  prop  it  with  her 
revenues  and  its  credit  in  the  trials  and  crisis  of 
its  early  administration.    I  pass  over  other  in- 
stances of  the  damage  suffered  by  the  United 
States  on  account  of  this  partnership ;  the  im- 
mense standing  deposits  for  which  wo  receive  no 
compensation ;  the  loan  of  five  millions  of  our 
own  money,  for  which  we  have  paid  a  million 
and  a  half  in  interest ;  the  five  per  cent,  stock 
note,  on  which  we  have  paid  our  partners  four 
million  seven  hundred  and  twenty-five  thousand 
dollars  in  interest ;  the  loss  of  ten  millions  on 
the  three  per  cent,  stock,  and  the  ridiculous  ca- 
tastrophe of  the  miserable  bonus,  which  has 
been  paid  to  us  with  a  fraction  of  our  own 
money :  I  pass  over  all  this,  and  come  to  the 
point  of  a  direct  loss,  as  a  partner,  in  the  divi- 
dends upon  the  stock  itself.    Upon  this  naked 
Eoint  of  profit  and  loss,  to  be  decided  by  a  rule 
I  arithmetic,  we  have  sustained  a  direct  and 


heavy  loss.  The  stock  held  by  the  Unito<l  St»tM 
as  every  I)ody  knows,  was  subscrikil,  not  t^^ 
It  was  a  stock  note,  de|)ositc<l  for  Kevin  niillK,r 
of  dollars,  bearing  an  mtcrcst  of  five  ikt  art* 
The  inducement  to  this  subscription  was  the  L'. 
ductive  conception  that,  by  l»aying  live  per  cent 
on  its  note,  the  United  States  wouM  clear  fuur 
or  five  |)er  cent,  in  petting  a  dividend  of  cjcht  ^^ 
ten.  Tliis  was  the  inducement ;  now  for  i\)v  n^ 
alization  of  this  fine  conception.  Let  us  h-v  jt 
Here  it  is ;  an  official  return  from  the  Kcpistf 
of  the  Treasury  of  interest  paid,  and  of  dividnids 
received.    The  account  stands  thus : 

Interest  paid  by  the  United  States,    $-i.72!),(\((\ 
Dividends  received  by  the  United  States,  4,(i29,42(i 

Loss  to  the  United  States,  695.074 

"  Disadvantageous  as  this  partnership  must  1,,. 
to  the  United  States  in  a  moneyed  point  of  view 
there  is  a  far  more  grave  and  serious  asjuct 
under  which  to  view  it.  It  is  the  political  nstuct 
resulting  from  the  union  between  the  bank  ami 
the  government.  This  union  has  been  tried  in 
England,  and  has  been  found  there  to  be  just  as 
disastrous  a  conjunction  as  the  union  between 
church  and  state.  It  is  the  conjunction  of  tin. 
lender  and  the  borrower,  and  Holy  Writ  1ms  toW 
us  which  of  these  categories  will  be  master  oi 
the  other.  But  suppose  they  agree  to  drop  rival. 
ry,  and  unite  their  resources.  Suppose  tiny 
combine,  and  make  a  push  for  political  power; 
how  great  is  the  mischief  which  they  may  not 
accomplish  !  But,  on  this  head,  I  wish  to  use 
the  language  of  one  of  the  brightest  patriots  oi 
Great  Britain ;  one  who  has  shown  himself  In 
these  modern  days,  to  be  the  worthy  successor 
of  those  old  iron  barons  whose  patriotism  com- 
manded the  unpurchasable  eulogium  of  the  eider 
Pitt.  1  speak  of  Sir  William  Pulteney,  and  his 
speech  against  the  Bank  of  England,  in  1797, 

"the  speech-: — extract. 

"  ■  I  have  said  enough  to  show  that  govern- 
ment has  been  rendered  dependent  on  the  bank, 
and  more  particularly  so  in  the  time  of  war ;  and 
though  the  bank  has  not  yet  fallen  into  the  hands 
of  ambitious  men,  yet  it  is  evident  that  it  might, 
in  such  hands,  assume  a  power  sufficient  to  con- 
trol and  overawe,  liot  only  the  ministcn.  but 
king,  lords,  and  commons.  *  *  *  ♦  ♦  • 
As  the  bank  has  thus  become  dangerous  to  |rov- 
ernment,  it  might,  on  the  other  hand,  by  uniting 
with  an  ambitious  minister,  become  the  means 
of  establishing  a  fourth  estate,  sutCcient  to  in 
volve  this  natioi.  in  irretrievable  slavery,  and 
ought,  therefore,  to  be  dreaded  as  much  as  s  cer- 
tain East  Ir<dia  bill  was  justly  dreaded,  at  a  pe- 
riod not  V  ,ry  remote.  I  will  not  say  that  the 
present  minister  (the  younger  Pitt),  by  en- j 
deavoring,  at  this  crisis,  to  take  the  Bank  ot 
England  under  his  protection,  can  have  any 
view  to  make  use,  hereafter,  of  that  engine  to 
perpetuate  his  own  power,  and  to  enable  him  i« 


iominter  over  our  c 
pipposed,  it  woidd  ( 
i.rtain  a  very  dilltT 
,l,irnring  to  overset 
iVni  when  intendi 
^Ircs.  My  object 
L-ainst  all  risk  eitlu 
to  i.'ovcrnmeut,  or 
men.' 

•And  this  is  my  n 

i!io  L'nion  from  all 

tonk.    I  wish  to  pi 

Hi  well  as  its  enra 

i;s  lui?,  as  well  as 

provide  against  all  i 

if  this  risk  and  haza 

omntered    jy  King 

Cnil  Britain,  they 

to  be  encountered  b; 

jtatcs,  who  are  but  < 

id.  To  have  fore 

Vr.  President,  will  I 

in  the  West.    Thodi 

)l'thatimsophi3ticat( 

mean  what  they  sigi 

the  United  States '  : 

States,    How  great  1 

..lont  to  learn  that  tl 

lion,  and  that  this  b 

fontrary  notvvithstar 

j  tank  of  foreigners  as 

mcnt    Here  I  woul 

list  of  the  names  ai 

jlraost  incredible  fai 

except  to  public  do 

these  I  learn  as  much 

pinch.    It  is  the  re 

Hays  and  Means,  in 

lives,  for  the  last  ses: 

port  admits  that  for 

of  the  stock  of  thi 

knows  that  the  feder 

I  uiillions  also, 

"Thus  it  is  prov 
I  deeply  interested  ir 
J:.'tate3  itself.  In  th 
I  charter  they  will  be 
I  (il  than  at  present ; 
the  stock  to  two  hur 
nettled  state  of  thir 
I  them  to  make  grea 
jpcrpose  to  say  that 
I  cannot  he  voters  or 
I  ibt  suggestion  is  th 
I  money;  they  pay  do 
|iccommodations ;  th( 
Itrs;  and  in  a  great 
Inockholders  mus' 
iThe  name  of  this  ba 
Ipabiic.  It  is  not  the 
Itmment,  as  its  name 
IStates  which  compos 
lof private  individuals 
■lives,  denizens,  and  n 
hn  twenty-eight  mi 


I 


ANNO  183!.    ANDREW  JACKSOK,  PRESIDENT. 


201 


Jomincor  over  our  t-onslitiition  :  if  tlmt  could  1k> 
innposi'<l.  it  would  only  show  that  niin  ran  en- 
iiTiain  ft  very  dilltTPnt  train  of  idea-*,  when  cn- 
,1,-ivnrin);  to  ovcrsot  a  rival,  from  what  occurs  to 
iVm  wIk'U  intondin;;  to  support  and  tl.x  tlu  m- 
^lvc.«.  My  obji'ct  i.s  to  secure  thu  country 
tniinst  all  risk  cither  fi-oni  the  bank  as  opposed 
10  i.'overntncnt,  or  a.s  the  engine  of  ambitious 

men.' 

•And  this  is  my  object  also.  T  wish  to  sccTirc 
ihf  Union  from  all  chance  of  narm  from  this 
Unk.  I  wish  to  provide  ajrainst  its  friendship, 
^5  well  as  its  enmity — aj:ainst  all  danprcr  from 
lis  Im?,  as  well  as  from  its  blow.  I  wish  to 
provide  ai;ainst  all  risk,  and  every  hazard ;  for, 
if  tills  risk  and  hazard  were  too  great  to  bo  cn- 
riiintercd  \>y  King,  Lords,  and  Commons,  in 
Ctal  Britain,  they  mnst  certainly  be  too  groat 
10  be  encountered  by  the  people  of  the  United 
States,  who  are  but  commons  alone. 

•  10.  To  have  foreigners  for  partner.''.  This. 
Mr.  President,  will  be  a  strange  story  to  be  told 
in  the  West.  The  downright  and  upright  people 
of  that  unsophisticated  region  believe  that  words 
moan  what  they  signify,  and  that '  the  Bank  of 
ihe  United  States '  is  the  Bank  of  the  United 
'  States.  How  great  then  must  bo  their  astonish- 
..unt  to  learn  that  this  belief  is  a  false  concep- 
tion, and  that  this  bank  (its  whole  name  to  the 
wutrary  notwithstanding)  is  just  as  much  the 
tank  of  foreigners  as  it  is  of  the  federal  govern- 
ment Hero  I  would  like  to  have  the  proof— a 
list  of  the  names  and  nations,  to  establish  this 
almost  incredible  fact.  But  I  have  no  access 
except  to  public  documents,  and  from  one  of 
I  these  I  learn  as  much  as  will  answer  the  present 
pinch.  It  is  the  report  of  the  Committee  of 
I  Ways  and  Means,  in  the  House  of  Repre.senta- 
■m,  for  the  last  session  of  Congress.  That  re- 
port admits  that  foreigners  own  seven  millions 
of  the  stock  of  this  bank ;  and  every  body 
knows  that  the  federal  government  owns  seven 
I  millions  also. 

"Thus  it  is  proved  that  foreigners  are  as 
I  deeply  interested  in  tliis  bank  as  the  United 
States  itself.  In  the  event  of  a  renewal  of  the 
charter  they  will  be  much  more  deeply  mterest- 
I  ed  than  at  present ;  for  a  prospect  of  a  rise  in 
I  the  stock  to  two  hundred  and  fifty,  and  the  un- 
[."ettled  state  of  things  in  Europe,  will  induce 
j  them  to  make  great  investments.  It  is  to  no 
I  purpose  to  say  that  the  foreign  stockholders 
j  cannot  be  voters  or  directors.  The  answer  to 
[that suggestion  is  this:  the  foreigners  have  the 
j  money;  they  pay  down  the  cash,  and  want  no 
I  accommodations ;  they  are  lenders,  not  borrow- 
lers;  and  in  a  great  moneyed  institution,  such 
jstockholders  must  have  the  greatest  influence. 
[The  name  of  this  bank  is  a  deception  upon  the 
Ipublic.  It  is  not  the  bank  of  the  federal  gov- 
Imraent,  as  its  name  would  import,  rior  of  the 
IStates  which  compose  this  Union ;  but  chiefly 
■of  private  individuals,  foreigners  as  well  as  na- 
Itives,  denizens,  and  naturalized  subjects.  They 
jtivn  twenty-eight  millions  of  the  stock,  the  fed- 


eral povemmont  biit  ooven  million!*,  and  theKO 
ceveti  ari'  preci^itly  hiilanred  tty  the  -tixk  <if  the 
aliens.  The  feileral  gnvcrnnietit  and  tlio  alien* 
are  e<]iiui,  owning  one  lifth  eiuh ;  and  there 
wriiilil  lie  as  !nii(h  truth  in  calling  it  the  Enn- 
lisli  H.ink  as  the  Bank  of  the  lulled  States. 
Now  mark  a  few  of  the  privileges  which  tli  < 
charter  gives  to  thc^e  fuaigners.  To  be  land- 
holders, in  defiance  of  the  iStatc  laws,  which 
forbid  aliens  to  hold  land ;  to  \>ii  lundlonls  by 
incorporation,  and  to  hold  American  citizens 
for  tenants ;  to  liold  lands  in  mortmain  ;  to  bo 
pawnbrokers  and  merchants  by  incorporation ;  to 
pay  the  revenue  of  the  United  States  In  their  own 
notes;  in  short,  to  do  every  thing  which  I  have 
endeavored  io  point  out  in  the  long  and  hideous 
list  of  exclusive  privileges  granted  to  this  bank. 
If  I  have  shown  it  to  be  dangerous  for  the  United 
States  to  be  in  partnership  with  its  own  citi- 
zens, how  much  stronger  is  not  the  argtmient 
against  a  partnership  with  foreigm'rs?  What 
a  prospect  for  loans  when  at  war  with  a  foreign 
power,  and  the  subjects  of  that  power  largo 
owners  of  the  bank. here,  from  which  alone,  or 
from  banks  liable  to  be  destroyed  by  it,  we  can 
obtain  money  to  carry  on  the  war!  What  a 
state  of  things,  if,  in  the  division  of  political 
parties,  one  of  these  parties  and  the  foreigners, 
coalescing,  should  have  the  exclusive  control  of 
all  the  money  in  the  Union,  and,  in  addition  to 
the  money,  should  have  bodies  of  debtors,  ten- 
ants, and  bank  officers  stationed  in  all  the  States, 
with  a  Siipreme  and  irresponsible  system  of 
centralism  to  direct  the  whole  !  Dangers  from 
such  contingencies  are  too  great  and  obvious  to 
be  insisted  upon.  They  strike  the  common 
sense  of  all  mankind,  and  were  powerful  consid- 
erations with  the  old  whig  republicans  for  the 
non-renewal  of  the  charter  of  1791.  Mr.  JefJi^r- 
son  and  the  whig  republicans  staked  their  po- 
litical existence  on  the  non-renewal  of  that 
charter.  They  succeeded ;  and,  by  succeeding, 
prevented  the  country  from  being  laid  at  the 
mercy  of  British  and  ultra-federalists  for  funds 
to  carry  on  the  last  war.  It  is  said  the  United 
States  lost  forty  millions  by  using  depreciated 
currency  during  the  last  war.  That,  jirobably, 
is  a  mistake  of  one  half.  But  be  it  so !  For 
what  are  forty  millions  compared  to  the  loss  of 
the  war  itself — compared  to  the  ruin  and  infa- 
my of  having  the  government  arrested  for  want 
of  money — stopped  and  paralyzed  by  the  recep- 
tion of  such  a  note  as  the  younger  Pitt  received 
from  the  Bank  of  England  in  1795  ? 

"11.  Exemption  fl-om  due  course  of  law  for 
violations  of  its  charter. — This  is  a  privilege 
which  afi'ects  the  adnunistration  of  justice,  and 
stands  without  example  in  the  annals  of  repub- 
lican legislation.  In  the  caee  of  all  other  delin- 
quents, whether  persons  or  corporations,  the 
laws  take  their  course  against  those  who  offend 
them.  It  is  th6  right  of  every  citizen  to  set  the 
laws  in  motion  against  every  offender ;  and  it  is 
the  constitution  of  the  law,  when  set  in  motion, 
to  work  through,  like  a  machine,  regiirdiuss  of 


202 


TIimTi'  YEARS*  VIEW. 


■' 


'^^ 


powcri*  ami  princi|mliti(;fl,  and  cutting  dowm  the 
guilty  wliich  may  Htand  in  its  way.     Not  bo  in 
the  custi  (if  tliJH  bank.     In  its  U-lialf,  there  are 
harriiTH  ertctcd  bftwcen  the  citizen  and  his  op- 
prewsKr,  iM'twcen  the  wronjj  and  the  rt-inedv,  be- 
twi'L-n  the  law  and  the  oH'ender.    Instead  of  a 
rijriit  to  Kuc  out  a  scire  facias  or  a  f/wo  if ur- 
riinto,  the  injured  citizen,  witii  an  Jiuinble  peti- 
tion in  his  hand,  must  repair  to  the  President 
of  the  United  .States,  or  to  Conjrress,  and  crave 
their  leave  to  do  ko.    If  leave  is  denied  (and 
denieil    it  will  be  whenever  the  bank  has  a 
lieculiar  friend  in  the  President,  or  a  majority 
of  suclj  friends  in  Congress,  the  convenient  pre- 
text being  always  at  hand  that  the  general  wel- 
fare RT|uircs  the  bank  to  be  ^u^itained),  he  can 
])roceed  no  further.     The  machinery  of  the  law 
cannot  be  set  in  motion,  and  the  great  oil'ender 
laughs  from  Kdiind  his  barrier  at  the  impotent 
ix-seutment  of  its   helpless  victim.     Thus  the 
bank,  fur  the  plainest  violations  of  its  charter, 
and  tlie  greatest  oppressions  of  the  citizen, 
may  escape  the  pursuit  of  justice.    Thus  the 
adniinistrution  of  justice  is  subject  to  be  stran- 
gled in  its  birth  for  the  shelter  and  protection 
of  this  bunk.    But  this  is  not  all.    Another  and 
most  alarming  mischief  results  from  the  same 
extraordinary  privilege.     It  gives  the  bank  a 
direct  interest  in  the  presidential  and  congrtis- 
hional  elections :  it  gives  it  need  for  friends  in 
Congress  and  in  the  presidential  chair.    Its  fate, 
its  very  existence,  may  often  depend  upon  the 
friendship  of  the  President  and  Congress ;  and, 
in  such  cases,  it  is  not  in  human  nature  to  avoid 
using  the  immense  means  in  the  hands  of  the 
bank  to  induenco  the  elections  of  these  officers. 
Take  the  existing  fact — the  case  to  which  I  al- 
ludtd  at  the  commencement  of  this  speech. 
There  is  a  case  made  out,  ripe  with  judicial 
evidence,  and  big  with  the  fate  of  the  bank.    It 
is  a  case  of  usury  at  the  rate  of  forty-six  per 
cent.,  in  violation  of  the  charter,  which  only 
admits  an  interest  of  six.    The  facts  were  ad- 
mitted, in  the  court  below,  by  the  bank's  de- 
murrer;  the    law  was  decided,  in  the  court 
above,  by  the  s>ipreme  judges.    The  admission 
concludes  the  facts ;  the  decision  concludes  the 
law.     The  forfeiture  of  the  charter  is  estab- 
lished; the  forfeiture  is  incurred;  the  applica- 
tion of  the  forfeiture  alone  is  wanting  to  put  an 
end  "o  the  institution.    An  impartial  President 
or  Congress  might  let  the   laws   take  their 
course ;  those  of  a  different  temper  might  inter- 
pose their  veto.    What  a  crisis  for  tha  bank! 
It  beholds  the  sword  of  Damocles  suspended 
over  its  head !     Wh.it  an  interest  in  keeping 
those  away  who  might  sutler  the  hair  to  be 
cut! 

"  12.  To  have  all  these  unjust  privileges  secured 
to  the  corporators  as  a  monopoly,  by  a  pledge  of 
the  public  faith  to  charter  no  other  bank. — This 
is  the  most  hideous  feature  in  the 'whole  moss  of 
deformity.  If  these  banks  are  beneficial  institu- 
tJous,  why  not  several  ?  one.  at  least,  and  each 


in<]epcndent  of  the  other,  to  each  griat  M-ction  of 
the  Union?      If  malignant,  wliy  en  ate  om? 
The  restriction  constitutes  the  monoiKily.  ai„| 
renders  more  invidious  what  wa.s  sufli,',,  ,„)", 
hateful  in  itself.    It  is,  indeed,  a  doiilile  monoii- 
oly,  legislative  as  well  as  banking;  for  thu  Ion 
gress  of  1810  monoiwlized  the  iwwtr  to  Krnni 
these  monopolies.     It  has  tied  up  the  |ian(k  of 
its  successors ;  ami  if  this  can  be  done  on  oint 
subject,  and  for  twenty  years,  why  not  \\\»n  all 
subjects,  and  for  all  time  ?    Hero  is  the  form  uf 
words  which  o|)erate  this  double  engros>inieiit(,f 
our  rights :  '  No  other  bank  sliall  be  cstablislmi 
by  any  future  law  of  Congress,  during  the  con- 
tinuance  of  the  corporation  hereby  enacted  for 
which  the  faith  of  Congress  is  hereby  pkdgiu  •' 
with  a  proviso  for  the  District  of  Columbia 
And  that  no  incident  might  be  wanting  to  com- 
plete the  title  of  this  charter,  to  the  utter  rcpro- 
bation  of  whig  republicans,  tliis  compound  nio. 
nopoly,  and  the  vor^  form  of  words  in  which  it 
is  conceived,  is  copied  from  the  charter  of  tlio 
Bank  of  England ! — not  the  charter  of  William 
and  Mary,  as  granted  in  1C94  (for  the  Bill  of 
Kights  was  then  fresh  in  the  memories  of  En"- 
lishmen),  but   the    charter  as   amended,  aiiij 
that  for  money,  in  the    memorable  reign  of 
Queen  Anne,  when  a  tcry  queen,  a  tory  minis. 
try,  and  a  tory  parliament,  and  the  apostle  of 
toryism,  in  the  person  of  Dr.  Sacheverell,  wjtii 
his  sermons  of  divine  right,  passive  obedience 
and  iion-resistonce,  were  riding  and  nding  ovir  ] 
the  prostrate  liberties  of  England !    This  is  the ' 
precious  period,  and  these  the  noble  authors, 
from  which  the  idea  was  borrowed,  and  the  rerj' 
form  of  words  copied,  which  now  figure  in  the 
charter  of  the  Bank  of  the  United  States,  const]- 1 
tuting  that  double  monopoly,  which  restricts  i\ 
once  the  powers  of  Congress  and  the  rights  of 
the  citizens. 

"  These,  Mr.  President,  are  the  chief  of  the 
exclusive  privileges  which  constitute  the  monop- 
oly of  the  B..nk  of  the  United  States.     I  have 
spoken  of  them,  not  as  they  deserved,  but  as  my  i 
abilities  have  permitted.    I  have  shown  you  that  | 
they  are  not  only  evil  in  themselves,  but  copied 
from  an  evil  example.    I  now  wish  to  show  you 
that  the  government  from  which  we  have  made  j 
this  copy  has  condemned  the  original ;  and,  af- 
ter showing  this  fact,  I  think  I  shall  be  able  to  | 
appeal,  with  sensible  effect,  to  all  liberal  a>ind$, 
to  follow  the  enlightened  example  of  Great  Bri- 
tain, in  getting  rid  of  a  dangerous  and  invidiciK  I 
institution,  after  having  followed  her  pcmiciom 
example  iu  assuming  it.    For  this  purpose,  I  will 
have  recourse  to  proof,  and  will  read  from  Brit- 
ish state  papers  of  182G.    I  will  rend  extracts  | 
from  the  correspondence  between  Earl  Liver- 
pool, first  Lord  of  the  Treasury,  and  Mr.  Rob- 1 
inson,  Chancellor  of  the  Exchequer,  on  the  one 
side,  and  the  Governor  and  Deputy  Governor 
of  the  Bank  of  England  on  the  other ;  the  sul> 
ject  being  the  renewal,  or  rather  non-rcnevil 
of  the  charter  of  the  Bank  of  England. 


(.mmnnientionM 
Trearivy  and  C 
the  Uorernor  a 
lUiii:  o/  L'ltfflafi 

■■  •  The  failures  v 

jin'l,  unaccompani< 

janie  occurrences  i 

ibtTC  must  have  I 

i^istem  of  banking 

lit!  a  solid  and  sul 

•  »    *    In  Scotli 

thirty  banks  (thre* 

hive  eitood  firm  am 

Dioncy  market  in  E 

irejst'S  to  which  the 

ral  interests  in  Scci 

have  occasionally  b< 

Kription  must  nece 

(.rnerally  undcrstoc 

banking.    *    *    * 

may,  perhaps,  prop^ 

iner  occasion,  the  e: 

Inclusive  privilege, 

neighborhood,  beyt 

price  of  this  concesi 

■sclnsivo  privileges 

to  he  regretted  tli 

iiich  condition.    * 

ivhat  pas.sed  before, 

agree  to  it.     *    * 

cut  of  fashion ;  anc 

bank,  under  preset 

that  theirs  will  be  i 

Aruicer  of  the  Co 

'"Under  the  unci 
of  Directors  find  th 
death  of  the  bank 
may  have  on  the 
court  cannot  feel  th 
laending  to  the  proj 
lege  which  they  no^ 
firmed  as  it  is  b}* 
liture.'— /a».  20. 

Sitond  communieai 


'•'The  First  Lore 
cellor  of  the  Exchec 
swer  of  the  bank 
cannot  but  regr3t 

!  should  have  decline( 
of  Proprietors  the  c 
lirered  by  the  First 

j  (.'iiancellor  of  the  1 
and  Deputy  Govern 
statement  containei 
tiie  Firit  LcpJ  of 

!  '•ellor  of  the  Exche 
all  the  points  to  ^ 
bave  nothing!  furti 
wuuld  have  been,  at 


ANXO  1831.     ANDREW  JACKSON,  PRESIDKNT. 


203 


(,,umnnieatiom  from  the  Fir$t  Lord  of  the 
J'rai*'try  and  Chanctllor  of  the  Exfheqtier  to 
the  Uorernor  and  iJeputy  Gocernor  of  the 
U-nik  of  England. — Extract: 

■•' The  failures  which  have  occurred  in  Enp- 
Ijnd,  unnccompanitnl  as  they  have  been  hy  the 
sjnie  occurrences  in  Scotland,  tend  to  prove  that 
there  must  have  been  an  unsolid  and  delusive 
cistern  of  banking  in  one  part  of  Great  Britain, 
ii^ti  a  solid  and  substantial  one  in  the  other.  * 
«  ♦  ♦  In  Scotland,  there  are  not  more  than 
thirty  banks  (three  chartered),  and  these  Itanks 
hare  otood  tlrni  amidst  all  the  convulsions  of  the 
money  market  in  England,  and  amidst  all  the  dis- 
ta-ses  to  which  the  manufacturing  and  agricultu- 
ral interests  in  Scotland,  as  well  as  in  England, 
hare  occasionally  been  subject.  Banks  of  this  de- 
foriptinu  must  necessarily  be  conducted  upon  the 
(viierally  understood  and  approved  principles  of 
Liiiiving.  ♦  *  *  *  The  Bank  of  England 
may,  perhaps,  propose,  as  they  did  upon  a  for- 
mer occasion,  the  extension  of  the  term  of  their 
(xclusive  privilege,  as  to  the  metropolis  and  its 
ncigliborhood,  beyond  the  year  1833,  as  the 
price  of  this  concession  [immediate  surrender  of 

scliisivo  privileges].  It  would  be  very  much 
to  he  regretted  that  they  should  require  any 
iiich  condition.  *  *  »  »  It  is  obvious,  from 
Ivhat  passed  before,  that  Parliament  will  never 
agree  to  it.  *  *  *  *  Such  privileges  are 
(,ut  of  fashion ;  and  what  expectation  can  the 
CanlcTurider  present  circumstances,  entertain 
that  theirs  will  be  renewed?' — Jan.  18. 

Antvcer  of  the  Court  of  Directors. — Extract. 

'"Under  the  uncertainty  in  which  the  Court 
of  Directors  find  themselves  with  respect  to  the 
death  of  th'e  bank,  and  the  eflect  which  they 
may  have  on  the  interests  of  the  bank,  this 
court  cannot  feel  themselves  justified  in  recom- 
mending to  the  proprietors  to  give  up  the  privi- 
kge  which  they  now  enjoy,  sanctioned  and  con- 
firmed as  it  is  by  the  solemn  acts  of  the  legis- 
lature.'—e/an.  20. 


the  Miniatert. — 


Sitoni  communioation  from 
Extract. 

'•'The  First  Lord  of  the  Treasury  and  Chan- 
cellor of  the  Exchequer  have  considered  the  an- 
swer of  the  bank  of  the  20th  instant.  They 
cannot  but  regrst  that  the  Court  of  Directors 
should  have  declined  to  recommend  to  the  Lourt 
cf  Proprietors  the  consideration  of  the  paper  de- 

I  lirered  by  the  First  Lord  of  the  Treasury  and  the 
Chancellor  of  the  Exchequer  to  the  Governor 
and  Deputy  Governor  on  the  13th  instant.  The 
(tatemciit  contained  in  that  paper  appears  to 
the  First  Lopi  of  the  Treasury  and  the  Chan- 
<%llor  of  the  Exchequer  so  full  and  explicit  on 

I  til  the  points  to  which  it  related,  that  they 
have  nothing  further  to  add,  although  they 
*uuld  have  been,  and  still  are,  ready  to  answer, 


aa  Cir  an  poANil>le,  any  specilic  qnt>ationfl  which 
might  lie  put,  for  the  i)«irp<>i»o  of  rcniovin"  the 
uncertainty  in  whirli  tlie  court  of  dinrtiM  to 
themselves  to  l>o  with  ri'»iH.'ct  t<>  the  (U-tiii.  of 
the  plan  suggested  in  that  paixr.' — Jan.  23. 

Second  ausicer  (f  the  Jiaiil;. —  K.vtruct. 

" '  The  Committee  of  Treasury  [bniik]  Imvins 
taken  into  consideration  the  jMijier  retvived  from 
the  First  Lord  of  the  Treasury  and  the  Chan- 
cellor of  the  Exchequer,  dated  January  '23d,  anil 
finding  that  Ills  Majesty's  ministers  iwrsevere  in 
their  desire  to  pro])ose  to  restrict  immt-diately 
the  exclusive  privilege  of  the  bank,  as  to  the 
numljer  of  partners  engaged  in  banking  to  a 
certain  distance  from  the  metropolis,  and  also 
continue  to  be  of  opinion  that  Parliament  would 
not  consent  to  renew  the  privilege  at  the  expira- 
tion of  the  period  of  their  present  charter; 
finding,  also,  that  the  proposal  by  the  bunk  of 
establishing  branch  banks  is  deemed  by  IIi.4 
Majesty's  ministers  inadequate  to  the  wants  of 
the  country,  are  of  opinion  that  it  would  bo 
desirable  for  this  corimi-ation  to  propose,  as  a 
basi.s,  the  act  of  Cth  of  George  the  Fourth,  which 
states,  the  conditions  on  which  the  Bank  of 
Ireland  relinquished  its  exclusive  privileges ;  this 
corporation  waiving  the  question  of  a  prolonga- 
tion of  time,  although  the  committee  [of  thfl 
bank]  cannot  agree  in  the  opinion  of  the  First 
Lord  of  the  Treasury  and  the  Chancellor  of  the 
Exchequer,  that  they  are  not  making  a  consider- 
able sacrifice,  adverting  especially  to  the  Bank 
of  Ireland  remaining  in  possession  of  that  privi- 
lege five  years  longer  than  the  Bank  of  England.' 
— January  25. 

"  Here,  Mr.  President,  is  the  end  of  all  the 
exclusive  privileges  and  odious  monopoly  of  the 
Bank  of  England.  That  ancient  and  powerful 
institution,  so  long  the  haughty  tyrant  of  the 
moneyed  world — so  long  the  subsidizer  of  kings 
and  ministers — so  long  the  fruitful  mother  of 
national  debt  and  useless  wars — so  long  the 
prolific  manufactory  of  nabobs  and  paupers — so 
long  the  dread  dictator  of  its  own  terms  to 
parliament — now  droops  the  conquered  wing, 
lowers  its  proud  crest,  and  quails  under  the 
blows  >f  its  late  despised  assailants.  It  first 
puts  on  a  courageous  air,  and  takes  a  stand  upon 
privileges  sanctioned  by  time,  and  confirmed  by 
solemn  acts.  Seeing  that  the  ministers  could 
have  no  more  to  say  to  men  who  would  talk  of 
privileges  in  the  nineteenth  century,  and  being 
reminded  that  parliament  was  inexorable,  the 
bully  suddenly  degenerates  into  the  craven,  and, 
from  showing  fight,  calls  for  quarter.  The  di- 
rectors condescend  to  beg  for  the  smallest  rem- 
nant of  their  former  power,  for  five  years  only ; 
for  the  city  of  London  even ;  and  offer  to  send 
branches  into  all  quarters.  Denied  at  every 
point,  the  subdued  tyrant  acquiesces  in  his  fate  ; 
announces  his  submission  to  the  spirit  and  intel- 
ligonoe  of  the  age ;  and  quietly  sinks  down  into 


204 


TIIIKT\'  YKAItS'  VIKW. 


(ht!  Iiiimlilo,  liiit  *iafo  and  UMcful  cimtlitiun  of  a 
Scottish  i)r<>vitirinl  bunk. 

'•  An<l  UvTv  it  ii  prolilnblo  to  pauxo  ;  to  lOok 
Iinck,  anil    nci'    )iy    what    incnnH  this  nn^'iciit 
nml  piiwirful  institution — this  Itahylon  of  tin- 
hiinknij;  worI<l — was  («o  Kudilonly  and  ho  totally 
jiroxt rated.    Who  did  it  ?    And  with  what  weajH 
onf-?    Sir,  it  was  done  hy  that  power  wliich  is 
now  n-piiiatiiifj  the  affairH  of  the  civilized  world. 
It  wax  done   i>y  the  power  of  public  opinion, 
invoked  by  the  working  niemberH  «)f  the  BritiMh 
parliament.     It  was  done  by  Sir  Flenry  Parnell, 
who  led  the  attack  upon  the  WellinRton  minis- 
try, on  the  n\ff]\t  of  the  15th  of  November;  by 
Sir  William  I'ulteney,  Mr.  Grenfell,  Mr.  Hume, 
Mr.   Edward  Ellico,  and  others,  the  workin(? 
members  of  the  House  of  Commons,  such  as  had, 
n  few  years  iK'fore,  overthrown  tlio  pigantic  op- 
pressions of  the  salt  tax.    These  are  tlio  men 
who  have  overthrown  the  Knnk  of  England. 
They  began  the  attack  in  1824,  under  the  dis- 
couriiging  cry  of  too  soon,  too  soon — for  the 
charter  had  then  nine  years  to  run  !  and  ended 
with  showing  that  they  had  l)egan  just  soon 
enough.    They  Iwgan  with  the  ministers  in  their 
front,  on  the  side  of  the  bank,  and  ended  with 
having  them  on  their  own  side,  and  making 
tlicm  co-operators  in  the  attack,  and  the  instru- 
ments and  infiicters  of  the  fatal  and  final  blow, 
liut  let  us  do  justice  to  these  ministers.   Though 
wrong  in  the  beginning,  they  wero  right  in  the 
end  ;  though  monarchists,  they  behaved   like 
republicans.     They  wero  not  Polignaca.    They 
jielded  to  the  intelligence  of  the  age ;   they 
yielded  to  the  spirit  which  proscribes  monopolies 
wnd  privileges,  and  in  their  correspondence  with 
the  bank  directors,  spoke  truth  and  reason  and 
asserted  liberal  principles,  with  a  point  and 
power  which  quickly  put  an  end  to  dangerous 
and  obsolete  pretensions.    They  told  the  bank 
the  mortifying   truths,  that    its  system    was 
unsolid  and   delusive — that  its  privileges  and 
monopoly  were  out  of  fashion — that  they  could 
not  be  prolonged  for  five  years  even — nor  suf- 
fered to  exist  in  London  alone ;  and,  what  was 
still  more  cutting,  that  the  banks  of  Scotland, 
which  had  no  monopoly,  no  privilege,  no  con- 
nection with  the  government,  which  paid  interest 
on  deposits,  and  whose  stockholders  were  re- 
sponsible to  the  amount  of  their  shares — were 
the  solid  and  substantial  banks,  which  alone  the 
public  interest  could  hereafter  recognize.    They 
did  their  business,  when  they  undertook  it,  like 
tiiie  men ;   and,  in  the  single  phrase,  '  out  of 
fasliiov,*  achieved  the  most  powerful  combina- 
tion of  solid  argument  and  contemptuous  sar- 
casm, that  ever  was  compressed  into  three  words. 
It  is  a  phrase  of  electrical  power  over  the  senses 
and  passions.    It  throws  back  the  mind  to  the 
reigns  of  the  Tudors  and  Stuarts — the  termagant 
Elizabeth  and  the  pedagogue  James — and  rouses 
within  us  ail  the  shame  and  rage  we  have  been 
accustomed  to  feel  at  the  view  of  the  scandalous 
sales  of  privileges  and  monopolies  which  were 
the  disgrace  and  oppression  of  these  wretched 


timco.  Out  of  faxhion  !  Ye« ;  even  in  KncUr,,! 
the  land  of  thiir early  birth,  and  late protertji,! 
And  shall  the^  remain  in  faxhion  here  7  M,,y^ 
republicanism  continue  to  wear,  in  AiiuTica  i'|, 
antii|iie  i-ostiime  which  the  <loiighty  chatriiiioi 
of  antitjuated  fashion  have  been  c<i!ii|x  Him]  g," 
doff  in  England  1  Shall  Knglioh  lords  and  lailu . 
continue  to  find,  in  the  liank  of  the  \'r\\\^',• 
States,  the  unjust  and  odious  privileges  wliid 
they  can  no  longer  find  in  the  Bank  of  Ell^'la^ll ' 
Shall  the  copy  survive  here,  after  the  ori(:i,ia| 
has  been  destroyed  there?  Shall  the  ydiuu. 
whelp  triumph  in  America,  after  the  olij  li,,,, 
has  been  throttled  and  strangled  in  Kn);lai|,|  ? 
No!  iit'ver!  The  thing  Is  impossible!  'w^^. 
Hank  of  the  United  States  dies,  as  the  Itnnk  if 
England  dies,  in  all  its  odious  points,  upr.n  tl  i. 
limitation  of  its  charter;  and  the  only  eirnun. 
stance  of  regret  is,  that  the  generous  delivemrid. 
is  to  take  effect  two  years  earlier  in  the  l!^•iti^ll 
monarchy  than  in  tlie  American  republic,  jt 
came  to  us  of  war — it  will  go  away  with  jicaiv 
It  was  born  of  the  war  of  1812 — it  will  (|j(.  jij 
the  long  peace  with  which  the  woi-id  is  hlcsHil, 
The  arguments  on  which  it  wa&  crtited  will  \\,, 
longer  apply.  O'llfis  have  cLuiged ;  and  tlie 
pojicy  of  the  republic  changes  wich  the  times. 
The  war  made  tho~bank ;  peace  will  unmake  it! 
Tlie  baleful  planet  of  fire,  and  blood,  and  every 
human  woe,  did  bring  that  pestilence  upon  lu"; 
the  benignant  star  of  peace  shall  chase  it  away,' 

This  speech  was  not  answered.    Confident  in 
its  strength,  and  insolent  in  its  nature,  the  pnat 
moneyed  power  !'!>  1  adopted  a  system  in  whicli 
she  persevered,  uutil  hard  knocks  drove  her  out  i 
of  it :  it  was  to  have  an  anti-bank  speech  treatcil 
with  the  contempt  of  silence  in  the  House,  ami 
caricatured  and  belittled  in  the  newspapers ;  and  I 
according  to  this  system  my  speech  was  treated. 
The  instant  it  was  delivered,  Mr.  Webster  called 
for  the  vote,  and  to  be  taken  by  yeas  and  nayp, 
which  was  done ;  and  resulted  differently  from 
what  was  expected — a  strong  vote  ugainst  the 
bank — 20  to  23 ;  enough  to  excite  uneasiness 
but  not  enough  to  pass  the  resolution  and  le- 
gitimate  a  debate  on  the  subject.    The  debate  j 
stopped  with  the  single  speech;  but  it  \» as  a 
speech  to  be  read  by  the  people — the  niasscs- 
the  millions ;  and  was  conceived  and  delivered  j 
for  that  purpose ;  and  was  read  by  them ;  and 
has  been  complimented  since,  as  having  crippled 
the  bank,  and  given  it  the  wound  of  whicli  it 
afterwards  died ;  but  not  within  the  year  and  a 
day  which  would  make  the  slayer  responsible 
for  the  homicide.    The  list  of  yeas  and  nays 
was  also  favorable  to  the  effect  of  the  speech. 
Though  not  a  party  vote,  it  was  Eufficiently  m  | 
to  show  how  it  stood — the  nuiss  of  the  dcmw 


:%■)•  ogaiiuU  the 
iniocrati  affliim^ 

-  Vkas.  —  Mess 
(|p)wn,  Dickerson 
llivne,    I  riddel  I,     f 
yafurd.  Smith  of 
Hhiti',  NVooflbiiry" 

"Nays. — .Messrs 
(lnyton.  Root,  Fr 
p,.ki,  Johnston, 
Vrtlile,  ilobbins,  P, 
SiNlx'e,  Smith  of  J 
-23." 


CHAP 

Ei;ROr.  OF  DK  TOC< 
THE  HOUSE  « 


I  HAVE  had  occasio 
frrors  of  Monsieur 
ipon  American  dei 

I  iliority  in  Europe, 
Mveral  languages ; 
made  authority  here 
into  English,  and 
[refaee  to  recomme 

II  view  to  enlighten 

I  ID  democratic  gover 
rindid  intent ;  but 

I  ].rcjudice  of  that 
i)iu.st(lo  it  great  : 

I  ibroail,  if  not  corre 
of  this  kind — one 
representative  gove 

I  of  his  work,  where 
the  members  comj 
Congress,  attributii 
to  the  Senate,  and 
difference  in  the  dif 
members — the  popi 

I  ind  the  legislative  c 


I 


says : — 

"On  entering  the 
Washington,  one  is 
meanor  of  that  grc 
lucntly  does  not 
irithin  its  walls. 
oljjciire  individuals 
associations  to  the  n 
lawyers,  men  in  trat 
to  the  lower  classes 
vhicb  education  is 


ANNO  1831.     ANDREW  JACKSON.  riaXIDKNT. 


203 


^.y  agouuU  the  hank — the  niaitit  of  the  anti- 
jituocrati  agaiii*_t  it.    The  names  were  :— 

-  Yka".  —  .MesHFf.  I'anmnl,  Hrnton.  Ilihh, 
[(p)irn,  DiokerNon,  Iijiill«T,  Kornyth,  (triitxl}', 
\\\\w,  Iredell,  Kintrj  McKinley,  I'oiiidexter, 
^upl  Smith  of  S.  C'.,  Tauiwell,  Troup,  Tyler, 
rtliiti'.  Woodbury — 20. 

-Nays. — Metwrs.  liarton, Bell,  Bumct. Chase, 
ilnvton.  Root,  FrelinjrliuyHen,  Holmes,  lleiid- 
p,'|i'4,  Johnston,  Knight,  liivinpiton,  MarkM, 
Srtlile,  KobldnH,  Robinson,  Ruir^lt't*,  Seymour, 
<i*ye,  Smith  of  Md.,  Spraguc,  Webster,  Wil ley 
-■•3." 


CHAPTER     LVir. 

Ei:U(»P.  OF  DK  TOCQITEVII.LK.  IN  ItELATION   TO 
THE  HOUSE  OF  IJEI'UESENTATIVES. 

I  HAVE  had  occasion  Kcvcral  times  to  notice  the 
irrors  of  Monsieur  de  Tocquevillo,  in  his  work 
upon  American  democracy.  That  work  is  au- 
iliurity  in  Europe,  where  it  has  appeared  in 
H'vcral  languages ;  and  is  sought  by  some  to  bo 
made  authority  here,  where  it  has  been  translated 
into  Enc;lish,  and  published  with  notes,  and  a 
[ifcface  to  recommend  it.  It  was  written  with 
a  view  to  enlighten  European  opinion  in  relation 
I)  democratic  government,  and  evidently  with  a 
eandid  intent ;  but  abounds  with  errors  to  the 
-rcjudice  of  that  form  of  government,  which 
mui;t(1o  it  great  mischief,  both  at  home  and 
ibroad,  if  not  corrected.  A  fundamental  error 
of  this  kind — one  which  goes  to  the  root  of 
representative  government,  occurs  in  chapter  8 
of  his  work,  where  ho  finds  a  great  diflercnce  in 
the  members  comprising  the  two  Houses  of 
Congress,  attributing  an  immense  superiority 
to  the  Senate,  and  discovering  the  cause  of  the 
difference  in  the  different  modes  of  electing  the 
members — the  popular  elections  of  the  House, 
md  the  legislative  elections  of  the  Senate.  He 
says: — 

"  On  entering  the  House  of  Representatives  at 
I  Washington,  one  is  struck  with  the  vulgar  de- 
meanor of  that  great  assembly.  The  eye  fre- 
()Miiitly  does  not  discover  a  man  of  celebrity 
I  irithin  its  walls.  Its  members  are  almost  all 
obscure  individuals,  whose  names  present  no 
associations  to  the  mind ;  they  are  mostly  village 
lawyers,  men  in  trade,  or  even  persons  belonging 
to  the  lower  classes  of  society.  In  a  country  in 
irhich  education  is  very  general,  it  is  said  that 


the  rePTv«ontativo«  of  th»>  iHMipU'  dn  not  alnay* 
kiKiw  how  to  write  ciirn<tly.  At  i»  fi  w  ynnl-' 
distance  from  tliii<  H|H>t  ii*  thoilixn'or  (lit'  .^vnit'i', 
which  contains  within  a  »tniiil  H|iar«*  a  larjru 
pr<>|)ortiiin  of  thi*  rfU'lirntcil  mm  in  Aiiu-rira. 
Scan^i'ly  an  inilivi<lunl  ix  to  Ik:  tuumi  in  it,  who 
doi-H  not  n>call  the  idi'U  of  an  active  uml  iliiiKtri- 
ous  career.  The  Senate  is  CDinpoMc*!  <>!'  (iotiuent 
Bdv()catei<,  diNtinguiHhed  pi'neraU,  wi.-e  nmjilH- 
tniten,  and  HtatoHnien  of  note,  wlioto  lanj;ua>^ 
would  at  all  times  do  honor  to  the  mmit  nnmrk" 
al)le  parliamentary  dil)atoH  of  Eun>pt>.  What, 
then,  is  the  cause  of  thin  strange  contract  ?  and 
why  are  the  most  able  citizens  to  bo  found  in 
one  assembly  rather  than  in  theotlK-r?  Why 
is  the  fonner  b<Kly  remarkable  for  its  vnljtarity, 
and  its  poverty  of  talent,  whilst  the  hitter  seenm 
to  enjoy  a  monopoly  of  intelligence  and  of  hound 
judgment  ?  Both  f)f  these  assemblies  emanate 
from  the  people.  From  what  cause,  then,  «loes 
so  startling  a  difference  arise  ?  The  only  n  uson 
which  apiiears  to  me  adequately  to  accouiu  for 
it  is,  that  the  Hou.so  of  Representatives  is  elected 
by  the  populace  directly,  and  that  of  the  Senate 
is  elected  hy  an  indirect  application  of  universal 
niiffrage ;  but  this  transmission  of  the  popular 
authority  through  an  assembly  of  chosen  men 
operates  an  important  change  in  it,  by  rellning 
its  discretion  and  improving  the  forms  which  it 
adopts.  Men  who  are  chosen  in  this  manner, 
accurately  represent  the  majority  of  the  nation 
which  govems  them;  but  they  represent  the 
elevated  thoughts  which  are  curix>nt  in  thecom- 
nmnity,  the  generous  propensities  which  prompt 
its  nobler  actions,  rather  than  the  petty  passions 
which  disturb,  or  the  vices  which  disgrace  it. 
The  time  may  be  already  anticipated  at  whicli 
the  American  republics  will  bo  obliged  to  intro- 
duce the  plan  of  election  by  an  elected  body 
more  frequently  into  their  system  of  n-presen- 
tation,  or  they  will  incur  no  small  risk  of  pirish- 
ing  miserably  among  the  shoals  of  democracy." 
—Chapter  a. 

The  whole  tenor  of  these  paragraphs  is  to 
disparage  the  democracy — to  disparage  demo- 
cratic government — to  attack  fundamentally  tho 
principle  of  popular  election  itself.  They  dis- 
qualify the  people  for  self-government,  hold 
them  to  be  incapable  of  exercising  the  elective 
franchise,  and  predict  the  downfall  of  our  repub- 
lican system,  if  that  franchise  is  not  still  further 
restricted,  and  the  popular  vote — the  vote  of 
the  people — reduced  to  the  subaltern  choice  of 
persons  to  vote  for  them.  These  are  profound 
errors  on  the  part  of  Mons.  de  Tocqueville, 
which  require  to  be  exposed  and  corrected ;  and 
the  correction  of  which  comes  within  the  scopo 
of  this  work,  intended  to  show  the  capacity  of 
the  people  for  self-government,  and  the  advantage 
of  extending— instead  of  restricting — the  privi- 


20G 


THIRTY  YEARS*  VIEW. 


W'jre  of  (ho  dirrct  rotr.  Up  ^wm*  to  look  upon 
tliP  niomlwr*  of  the  two  IIouws  as  diflt>rcnt 
(jrdiTH nf  iH-iiiRH — tlitr»ri'nt iIiwhou — %  hiffher and 
a  lowtr  claMM  )  the  romicr  (iIbcciI  in  tho  Senatv 
\>y  the  wimloMi  of  State  loKii*latiirt>H,  the  latter 
ir>  tlio  IIouw  of  Ht'prcwntntivt'n  by  tho  folly  of 
the  jKoplf — when  tlic  (act  in,  that  they  are  not 
only  of  the  Hamu  order  »nd  clann,  hut  mainly  tho 
Hnnie  individuaU.  The  Senate  is  almoHt  entirely 
iniidu  up  out  of  tho  Houkc  I  and  it  is  quito  cer- 
tain that  every  «pnator  wliom  MonB.  do  Tocque- 
vilio  hud  in  his  c}e  when  he  bestowed  iuch 
encomium  on  that  body  had  come  from  tho 
IIouHO  of  RopresentatlveH  !  placed  tlicre  by  tho 
I)opu1ar  vote,  and  afterwanls  transferred  to  tho 
Senate  by  the  legislature ;  not  as  new  men  just 
discovered  by  the  suiwrior  sagacity  of  that  body, 
but  as  public  men  with  national  reputations,  al- 
ready illustrated  by  the  operation  of  popular 
elections.  And  if  Mons.  do  Tocquorillo  hod 
chanced  to  mako  his  visit  some  years  sooner,  ho 
would  have  seen  almost  every  one  of  these  sena- 
tors, to  whom  his  exclusive  praiso  is  directed, 
actually  sitting  in  tho  other  House. 

Away,  then,  with  his  fact !  and  with  it,  away 
with  all  his  fanciful  theory  of  wise  elections  by 
small  electoral  colleges,  and  silly  ones  by  the 
people  !  and  away  with  all  his  logical  deductions, 
from  premises  which  havo  no  existence,  and 
which  would  have  us  still  further  to  "rcflno 
popular  discrcl'on,"  by  increasing  and  extending 
the  number  of  eicforal  colleges  through  which 
it  is  to  bo  filtrated.  Not  only  all  vanishes,  but 
his  praise  goes  to  the  other  side,  and  redounds 
to  tho  credit  of  popular  elections;  for  almost 
every  distinguished  man  in  tho  Senate  or  in  any 
other  department  of  tho  government,  now  or 
heretofore — from  the  Congress  of  Independence 
down  to  the  present  day — has  owed  his  first 
elevation  and  distinction  to  popular  elections — 
to  tho  direct  vote  of  tho  people,  given,  without 
the  intervention  of  any  intermediate  body,  to  the 
visible  object  of  their  choice ;  and  it  is  tho  same 
in  other  countries,  now  and  always.  The  Eng- 
lish, the  Scotch  and  the  Irish  have  no  electoral 
colleges ;  they  vote  direct,  and  are  never  without 
their  ablest  men  in  tho  House  of  Commons. 
The  Romans  voted  direct ;  and  for  five  hundred 
years — until  fair  elections  were  dotsroycd  by 
force  and  fraud — never  failed  to  elect  consuls  and 
praetors,  who  carried  tho  glory  of  their  country 
beyond  the  point  at  which  they  had  found  it. 


Tho  American  people  know  thin— know  \h%,  I 
impular  elvctk)n  haa  given  them  every  piniiH.,,, 
public  man  that  they  havo  ever  had—  ihnt  jt 
tho  Hafest  and  wisest  ukmIc  of  political  oUctinn,. 
moHt  free  from  intrigtio  and  corruption ;  mil  j^. 
stead  of  Airther  n-Htrictlng  that  mo<|i.,  tiw\  j,^ 
during  tho  masNes  to  mere  electors  of  oli^ctoN 
they  arc,  in  fact,  extending  it,  and  alterinp  con^ 
Ntitutions  to  carry  electk>nH  to  the  pcopi,.,  wLj^i  i 
were  formerly  given  to  tho  general  assetnhlic, 
Many  Statea  nimish  examples  of  thin.    K\in 
tho  constitution  of  tho  United  States  Ims  !>, ,, 
overniled  by  universal  public  .sentimont  in  th,. 
grcatcBi  of  its  elections— that  of  Presi.li.„t  m\ 
Vice-President.     Tho  electoral  rollegc  liy  t|,jt  I 
instrument,  both  its  words  and  intent.  wa.s  to 
havo  been  an  independent  body,  exercising  its  own 
discretion  in  tho  choice  of  these  high  o(Iia'r« 
On  tho  contrary,  it  has  been  reduced  to  a  mm 
formality  for  the  registration  of  the  votes  whirh 
tho  people  preparo  and  exact.    Tho  speculations 
of  Monsieur  do  Tocqucville  are.  therefore,  grouml- 
IcBS ;  and  must  be  hurtful  to  rcprcsentativo  gov- 
erumont  in  Europe,  where  the  facts  nre  im-l 
known ;  and  may  be  injurious  among  oursolvfs 
where  his  book  is  translated  into  English  with  I 
a  preface  and  notes  to  recommend  it. 

Admitting  that  there  might  bo  a  difference! 
between  the  appearance  of  tho  two  Houses  ami  I 
between  their  talent,  at  the  time  that  Mons.  do 
Tocqucville  looked  in  upon  them,  yet  that  dif. 
fcrenco,  so  far  as  it  might  then  havo  existed,! 
was  accidental  and  temporary,  and  has  already  [ 
vanished.  And  so  far  as  it  may  have  npiKared,  I 
or  may  appear  in  other  times,  the  diflercncc  in  I 
favor  of  the  Senate  may  be  found  in  causes  ver\  I 
difiorent  from  those  of  more  or  less  judgmcnil 
and  virtue  in  the  constituencies  which  elect  tliel 
two  Houses.  The  Senate  is  a  smaller  body,  andl 
therefore  may  bo  more  decorous ;  it  is  composedl 
of  older  men,  and  therefore  should  be  gravjr  i 
its  members  have  usually  served  in  the  liigLKtl 
branches  of  the  State  governments,  and  in  the! 
Ilojuse  of  Representatives,  and  therefcre  shouldl 
be  more  experienced;  its  terms  of  service arel 
longer,  and  therefore  give  more  time  for  taientf 
to  mature,  and  for  the  measures  to  be  carricdl 
w'hich  confer  fame.  Finally,  tho  Senate  is  inT 
great  part  composed  of  the  pick  of  the  IIouse,| 
and  therefore  gains  double — by  brilliant  accesJ 
sion  to  itself  and  abstraction  from  the  otherJ 
These  nre  causes  enough  to  account  for  any  (»| 


ASN()  1»31.    AMHIKW  JA<  ^•^^^^.  PFII-SIDKNT. 


'207 


ivtonnl.  or  Kvnrrml  liiflvn-nce  wlwh  in»y  nhow 
,j«ir  ill  the  ilt'coriim  or  thVlHy  of  tW  (wo 
1Ioii.hh.  But  tJu'TO  iri  anoth<T  caiitie.  which  w 
,  ,111(1  ill  Iho  pnu'ticc  of  moiiio  of  the  Stated — the 
rtuciiH  Hjrittcni  ami  rotation  in  offlcu — which 
Innpt  in  men  unknown  to  tiu'  |k>()|.1o,  ami  tunw 
them  out  OH  thoy  Ix-ffin  to  be  iiw'ful ;  to  Imj  miic- 
rt*tlid  liy  otlier  new  lK'(»inners,  m  ho  oi*  in  turn 
(unicMl  out  to  maku  room  for  more  new  ones ; 
,11  h\  vii'tuo  of  arraii|i;Gmcnti)  which  look  to  in- 
jiUijiml  intereHtH,  and  not  to  the  public  good. 

The  injury  of  theno  cliangcB  to  the  buHinesa 
naalitit"*  of  the  IIouRO  and  tho  interests  of  tho 
Sute,  is  readily  concciTablv,  and  very  visible  in 
ihc  (Ideations  of  States  where  they  do,  or  do 
jut  prt'vail — in  some  Sorthcrn  and  some  Nouth- 
trn  States,  for  example.  To  name  them  might 
Kdn  invidious,  and  is  not  necessary,  tho  state- 
pent  of  the  general  fact  being  sufficient  to  indU 
(jtc  an  evil  which  requires  correction.  Short 
terms  of  service  are  good  on  account  of  their  ro- 
ipoDsibility,  and  two  years  is  a  good  legal  term ; 
but  every  contrivance  is  vicious,  and  also  incon- 
liitcnt  with  the  re-eligibility  permitted  by  tho 
constitution,  which  prevents  the  people  from 
I  continuing  a  mcml)cr  as  long  as  they  deem  him 
I  useful  to  them.  Statesmen  are  not  improvised 
in  any  country ;  and  in  our  own,  as  well  as  in 
Great  Britain,  great  political  reputations  have 
I  only  been  acquired  after  long  service — 20, 30, 40, 
ind  even  50  years ;  and  great  measures  have 
only  been  carried  by  an  equal  number  of  years 
of  persevering  exertion  by  the  same  Tpnn  who 
commenced  them.  Earl  Orey  "Jid  Major  Cirt- 
wright— I  take  the  aristocratic  .ind  the  den.o- 
cntic  leaders  of  the  movement — only  car  vied 
British  parliamentry  reform  afler  forty  /ears 
of  annual  consecutive  exertion.  They  organized 
the  Society  for  Parliamentry  Reform  in  1792, 
ind  carried  tho  reform  in  1832 — disfranchising 
5u  burgs,  half  disfranchising  31  others,  enfran- 
ciilsing  41  new  towns ;  and  doubling  the  number 
of  voters  by  extending  the  privilege  to  £10 
householders — extorting,  perhaps,  the  gneatest 
concession  from  power  and  corruption  to  popular 
rigiit  that  was  ever  obtained  by  civil  and  legal 
means.  Yet  this  was  only  done  upon  forty 
years'  continued  annual  exertions.  Two  men 
I  did  it,  but  it  took  them  forty  years. 

The  same  may  be  said  of  other  great  British 
Ineasures — Catholic  emancipation,  corn  law  re- 
Ipeai,  abolition  of  the  8lav9  trade,  and  many 


othrn ;  rach  rvqutrinir  »  llfctimo  of  rontiniuil 
exertion  fri>m  devoted  men.  .Short  Mrvitx',  and 
not  popular  tltction,  iit  the  i-vil  of  the  IIouh<'  of 
lU-prrM^ntativex ;  and  thin  UconiiH  more  apiwr- 
ent  by  contrant— contract  between  the  North 
and  the  South — tho  caucus,  or  rotary  sy»tein, 
not  pn-vailing  in  the  South,  and  iixefut  nienilierit 
being  usually  continued  from  tlint  quarter  aM 
long  as  useful ;  and  thus  with  fewer  iiieinUrx, 
usually  showing  a  greater  number  of  men  who 
have  attained  a  distinction.  Monnieur  de  Tocquc- 
ville  iri  profoundly  wrong,  and  does  great  injury 
to  democratic  government,  an  his  theory  coun- 
tenances tho  monarchial  idea  of  tho  incapacity 
of  the  people  for  self-government.  They  are 
with  us  the  liest  p.nd  safest  depositories  of  th^ 
political  elective  power.  They  have  not  only 
furnished  to  tho  Senate  its  ablest  nicmber.4 
through  tho  House  of  Representatives,  but  have 
sometimes  repaia>d  the  injustice  of  State  legis- 
latures, which  repulsed  or  discarded  some  emi- 
nent men.  The  late  Mr.  John  Quincy  Adams, 
after  forty  years  of  illustrious  service — after  hav- 
ing been  minister  to  half  tho  great  courts  of  Eu- 
rope, a  senator  in  Congress,  Secretary  of  State, 
and  President  of  the  United  States — in  the  full 
possession  of  all  his  great  faculties,  was  refused 
an  election  by  the  Massachusetts  legislature  to 
the  United  States  Senate,  where  he  had  served 
thirty  years  before.  Refused  by  the  legislar 
ture,  he  was  taken  up  by  tho  people,  sent  to  tho 
House  of  Representatives,  and  served  there  to 
octogenarian  age — attentive,  vigilant  and  capa- 
ble— an  example  to  all,  and  a  match  for  half  the 
House  to  the  last.  The  brilliant,  incorruptible, 
bagacious  Randolph — friend  of  the  people,  of  the 
constitution,  of  economy  and  hard  money — 
scourge  and  foe  to  all  corruption,  plunder  and 
jobbing — had  nearly  the  same  fate;  dropped 
from  tho  Senate  by  the  Virginia  general  assem- 
bly, restored  to  the  House  of  Representatives 
by  the  people  of  his  district,  to  remain  there  till, 
following  the  example  of  his  friend,  the  wise 
Macon,  he  voluntarily  withdrew.  I  name  no 
more,  confining  myself  to  instances  of  tho  illus- 
trious dead. 

I  have  been  the  more  particular  to  correct 
this  error  of  De  Tocqueville,  because,  while  dis- 
paraging democratic  government  gtnerally,  it. 
especially  disparages  that  branch  of  our  govern- 
ment which  was  intended  to  be  th^  controlling 
part.     Two  clauses  of  the  constitution— one 


I'     ^' 


Vf 


208 


TfllUTV  V KAILS'  VIKW. 


vcs'liii}:  the  House  of  lU'itrti'ciitativcs  with  tlic 
Hole  power  of  ori}.'iiiiitiii^  revenue  hills,  the  of hei* 
with  the  sole  power  of  miiieafliiiieiit — siilHeient- 
\y  attest  tiie  lii;;h  fmirtioii  to  which  tliat  Iloii.-e 
was  appointed.     'Jhey  are  hoth  horivjwed  from 
the  Ilritish  eoiislitution,  where  their  eifect  lias 
been  seen  in  controliirijr  the  course  of  the  whole 
povcrnmcnt.  and  brinpinj;  proat  criminals  to  the 
bar.     No  t-overeipn,  no  ministry  holds  out  an 
hour  apiinst  the  decision  of  the  House  of  Com- 
mons.   Tliouph  an  imperfect  representation  of 
the  people,  even  with  the  great  ameliorations  of 
tlie  reform  act  of  18.''l2,  it  is  at  once  the  demo- 
cratic branch,  and  the  master-branch  of  the 
British   poverinncnt.      Wellington   administra- 
tions liave  to  retire  before  it.     lienpal  Gover- 
nors-(iencral  have  to  appear  as  criminals  at  Its 
bar.     It  is  the  theatre  which  attracts  the  talent, 
the  patriotism,  the  high  spirit,  and  tlie  lofty  am- 
bition of  the  Uritish  empire ;  and  the  people  look 
to  it  as  the  master-power  in  the  working  of  tlie 
government,  and  the  one  in  which  their  will  has 
weight.    No  rising  man,  with  ability  to  acquire 
a  national  reputation,  will  quit  it  for  a  peerage 
and  a  scat  in  tlie  House  of  Lords.    Our  IIou.se 
of  Representatives,  with  its  two  commanding 
prerogatives  and  a  perfect  representation,  should 
not  fall  below  the  British  IIou.se  of  Commons 
in  the  fulfilment  of  its  mission.    It  should  not 
become  second  to  the  Senate,  and  in  the  begin- 
ning it  did  not.    For  the  first  thirty  years  it 
was  the  controlling  branch  of  the  government, 
and  the  one  on  whose  action  the  public  eye  was 
fixx'd.    Since  then  the  Senate  has  been  taking 
the  first  place,  and  people  have  looked  less  to 
the  House.     This  is  an  injury  above  what  con- 
cerns the  House  itself.     It  is  an  injury  to  our 
instituti(»ns,  and  to  the  people.     The  high  func- 
tions of  the  House  were  given  to  it  for  wise  pur- 
poses— for  paramount  national  objects.    It  is 
the  immediate  representation  of  the  people,  and 
should  command    their  confidence  and    their 
hopes.    As  the  sole  originator  of  tax  bills,  it  is 
the  sole  dispenser  of  burthens  on  the  people, 
and  of  suppl'.' s  to  the  government.    As  sole  au- 
thors of  impeachment,  it  is  the  grand  inquest  of 
the  nation,  and  has  supervision  over  all  official 
delinquencies.    Duty  to  itself,  to  its  high  func- 
tions, to  the  people,  to  the  constitution,  and  to 
the  character  of  democratic  government,  require 
it  to  resume  and  maintain  its  controlling  place 
'n  the  machinery  and  working  of  our  federal 


p')vernment :  and  tliJit  Ls  what  it  has  eommn  ,>. 
ed  doing  in  the  last  two  or  three  session.^— an,jj 
with  happy  results  to  the  economy  of  the  r,i;i 
lie  .-ervict — and  iirineveiitingan  iiierea,>;e  of  il„.| 
evils  of  our  dijilomatic  representation  abroad 


LolUUANA — J.    ! 


CTIAPTEll    LVIII. 

TlIK  TWEN'TV-SECOND  COXQltESS. 

Tins    body   commenced    its  first   se.';Rion  the 
Sth  of  December,  1831,  and  terminated  that  a; 
sion  July  17th,  1832;  and  for  this  session  alone  I 
belongs  to  the  most  memorable  in  the  annals  cf I 
our  government.    It  was  the  one  at  which  thtJ 
great  contest  for  the  renewal  of  the  charter  of  I 
the  Bank  of  the  United  States  was  brought  on 
and  decided — enough  of  itself  to  entitle  it  to  last- 
ing remembrance,  though  replete  with  other  im-l 
portant  measures.    It  embraced,  in  the  list  of  I 
members  of  the  two  Houses,  much  shining  talent  I 
and  a  great  mass  of  useful  abilitj',  and  araonpl 
their  names  will  be  found  many,  then  most  emi- 
nent in  the  Union,  and  others  destined  to  be- 1 
come  so.    The  fallowing  uie  the  names ; 

SENATE. 

Maine — John  Holmes,  Peleg  Spraguo. 

New  Hami'shirk — Samuel  Bell,  Isaac  Ililj. 

Massachusetts — Daniel  Webster,  Nathaniel  I 
Silsbee. 

KiioDE  Island — Nehemiah  E.  Knight,  Ashcrj 
Uobbins. 

Connecticut — Samuel  A.  Foot,  Gideon  Toni- 
linson. 

Vermont — Horatio  Seymour,  Samuol  Pten- 
tiss. 

New-York — Charles  E.  Dudley,  Wm.  Man 

New  Jersey — M.  Dickerson,  TheocForc  ^ 
linphuyscn. 

Pennsylvania — Geo.  M.  Dallas,  Wm.  Wil-j 
kins.  ^ ' 

Delaware — John  M.  Clayton,  Arnold  Xau-| 
dain. 

JIarvland — E.  F.  Chambers,  Samuel  Smitt] 

Virginia — Littleton  W.  Tazewell,  John  Tj- 
Icr. 

North  Carolina — B.  Brown,  W.  P.  JI§j 

gum- 
South  Carolina — Robert  Y.  Ilaync,  S.  D. 

Miller. 

Georgia — George  M.  Troup,  John  Forsyth. 
Kentucky — George  M.  Bibb,  Henry  Chv. 
Tennessee — Felix  Grundy,  IIiiglT  I.  White,! 
Ohio — BcnjamiiTRuggles,  Thonias  Ewiuij. 


HOUSE   OF   ] 


ANNO  1831.     ANDREW  JACKSON,  rUF^IKKNT. 


200 


LoiiaiA>'A — J.  S.  Johnston,  Geo.  A.  Wafr^'a- 


gill. 


iMiiAXA — William  llt-ndricks,  RoWrt  Ilanna. 
)lis<issii'iM — I'owhutun  Ellis,  CJco.   PointU'X- 


»r. 


Illinois — Elias  K.  Kaiio.  John  M.  Robinson. 
\i,AnAMA — WiMmin  U.  Kin;;,  Gahriol  Moon>. 
MijsoLKi — Thomas  II.  Benton,  Alex.  Buck- 


r.t'r. 

IIOL'SK   OF   RErr.r.SENTATIVKS. 

From  Maink — John  Anderson,  James  Rates, 
fiiurce  Evans,  Cornelius  Holland.  Leonard  Jar- 
,is,  Edward  Kavanagh,  Rufus  ilclntire. 

.Vkvv  IIampshiue — John  Brodhead,  Thomas 
Chandler.  Joseph  Ilammons,  Henry  Hubbard, 
Joseph  ^I.  Harper,  John  W.  "Weeks. 

jlA^iSACiiifsETTs — John  QujjQcy  Adanis,  Na- 
ihun  Appleton,  Isaac  C.  Bates,  Georpe  N.  Brigps, 
I'jllus  Choate,  Henry  A.  S.  Dearborn.  John 
Paris.  Ed\vard  ilxerejt,  George  Grennell,  jun., 
Jimes  L.  Ilodjies,  Joseph  G.  Kendall,  John 
Reed.    {One  viicanry.) 

Khode  Island — Tristam  Burgess,  Dutee  J. 
Pcarce. 

CoNNKCTicuT — Noyes  Barber,  William  W. 
I  IlUworth,  Jabez  AV.  Huntington,  Ralph  I.  In- 
icRcli,  William  L.  Storrs,  Ebenezer  Young. 

Veumost — Hcnian  Allen,  AVilliam  Cahoon, 
I  Horace  Everett,  Jonathan  Hunt,  William  Slade. 

Xew  York — William  G.  Angel,  Gideon  H. 
I  BiTStow,  Joseph  Bouck,  William  Babcock,  John 
T.  Berja'n,  John  C.  Brodhead,  Samuel  Beards- 
ley,  John  A.  Collier,  Bates  Cooke,  C.  C.  Cam- 
Ureleng,  John  Dickson,  Charles  Dayan,  Ulysses 
F.  Doiibleday,  William  Hogan,  Michael  Hofl- 
Inwi,  Freeborn  G.  Jijwett,  John  King,  Gerrit  Y. 
Linsing,  James  Lent,  Job  Pierson,  Nathaniel 
I  Pitcher,  Edmund  II.  Pendleton,  Edward  C.  Reed, 
1  Erastus  Root,  Natlian  Soule,  John  W.  Taylor, 
jphineas  L.  Tracy,  Gulian  C.  Verplanck,  Frede- 
1  ric  Whittlesey,  Samuel  J.  Wilkin,  Grattan  H. 
I  Wheeler,  Campbell  P  White,  Aaron  Ward,  Dan- 
I  iel  Wardwell. 

New  Jeusev — Lewis  Condict,  Silas  Condict, 
I  Richard  M.  Cooper,  Thomas  II.  Hughes,  Jamea 
I  Fitz  Randolph,  Isaac  Southard. 

Pennsylvania — Robert  Allison,  John  Banks, 
I  George  Burd,  John  C.  Bucher,  Thomas  H. 
ICrawford,  Richard  Coulter,  Harmar  Denny, 
[Lewis  Dewart,  Joshua  Evans,  James  Ford, 
IJohn  Gilmore,  W^illiam  Heister,  Henry  Horn, 
iPeter  Ihrie.  jun.,  Adam  King,  Henry  King,  Joel 
Ik.  Mann,  Robert  McCoy,  Ilenry  A.  Muhlen- 
Ibei?,  T.  M.  McKennan,  David  Potts,  jun.,  An- 
Idrew  Stewart,  Samuel  A.  Smith,  Philander  Ste- 
iphens,  Joel  B.  Sutherland,  John  G.  AVatmough. 

Delaware — John  J.  Milligan. 

Maryland — Benjamin  C.  Howard,  Daniel 
iJenifcr,  John   L,  Kerr,   George    E.   Mitchell, 

"Icnedict  I.  Semines.  John  S.  Spencc,  Francis 
Thomas,  George  C.  Washington,  J.  T.  H.  Wor- 
|thington. 

ViiiGisiA — Mark  Alexander,  Robert  Allen, 
iWilliam  S.  Archer,  William  Armstrong,  John 
Vol.  I.— 14 


S.  Barbour,  Thomas  T.  BoMMin,  Xathaniol  11. 
t'lniiionie,  RoUtI  <'mi(:.  Juscph  W.  Cliitin, 
Richanl  (.'uko,  jun.,  'i'linmiis  Davi'njxjrt,  I'hilip 
Dodd.  (ifrc,  W'wx.  F.  Gun)  n,  Cliarlf.-^  C.  .lohn- 
ston,  tlohn  Y.  Mar-on,  Lewis  Maxwell,  Charles 
F.  Mercer.  WiltTiinr  Meroy.  Thomas  Xuwton, 
John  M.  I'atton,  Jolin  J.  Roane,  Andix-w  Ste- 
venson. 

North  Carolina — Dan'l  L.  Barrinper,  Ijingh- 
lin  Bethune,  John  Branch,  Samuel  I*.  Car.-*on, 
Henry  W.  Conner,  Thomas  H.  Hall,  MicajahT. 
Hawkins,  James  J.  McKay,  Abraham  Rencher, 
William  B.  Shepard,  Ar^u.-*tino  11.  Shepperd, 
Jes,«e  Sjjcight,  Lewis  Williams. 

South  Carolina — Robert  W.  Barnwell,  Jas. 
Blair,  Warren  R.Davis,  William  Drayton,  John 
M.  Feldcr,  J.  R.  Griffin,  Thomas  R.  Mitchell, 
George  McDuffie,  Wm.  T.  Nuckolls. 

Gf.orgia — Thomas  F.  Foster,  Ilenry  G.  La- 
mar, Daniel  Newnan,  Wiley  Thompson,  Richard 
IL  Wilde,  James  M.Wayne.     {One  rnvaticy.) 

Kentucky — John  Adair,  Chilton  Allan,  Ilen- 
ry Daniel,  Nathan  Gaither,  Albert  G.  Ilawes, 
R.  M.  Johnson,  Joseph  Lecompte,  Chittenden 
Lyon,  iTobert  P.  Letcher,  Thomas  A.  Mar- 
shall, Christopher  Tompkins,  Charles  A.  \ilifik- 
Mc. 

""Tennessee — Thomas  D.  Arnold,  John  JJfill, 
John  Blair,  AVilliam  Fitzgerald,  William  Hall, 
Jacob  C.  Isacks,  Cave  Johnson,  James  K.Polk. 
James  Standifer, 

Ohio — Joseph  II.  Crane,  Elcuthero.  Cooke 
William  Creighton,  jun..  Thomas  Corwin,  Jamej 
Findlay,  W^illiam  W.  Irwin,  AVilliam"  Kennon, 
Humphrey  H.  Leavitt,  William  Russcl,  William 
Stanberry,  John  Thomson,  Joseph  Vance,  i>tt»n- 
uel  F.  Vinton,  Elisha  Whittlesey. 

Louisiana — II.  A.  Bullard,  Philemon  Thom- 
as, Edward  D.  White. 

Indiana — Ratliff  Boon,  John  Carr,  Jonathan 
McCarty. 

Mississippi — Franklin  E.  Plummer. 

Illinois — Joseph  Duncan. 

Alabama — Clement  C.  Clay,  Dixon  H.  Lewis, 
Samuel  W.  Mardis. 

Missouri — William  II.  Ashley. 

DELEGATES. 

Michigan — Austin  E.  Wing. 
Arkansas — Ambrose  H.  Sevier. 
Florida — Joseph  M.  White. 

Andrew  Stevenson,  Esq.,  of  Virginia,  was  re- 
elected speaker ;  and  both  branches  of  the  body 
being  democratic,  they  were  organized,  in  a 
party  sense,  as  favorable  to  the  administration, 
although  the  most  essential  of  the  committees, 
when  the  Bank  question  unexpectedly  sprung 
up,  were  found  to  be  on  the  side  of  that  institu- 
tion. In  his  message  to  the  two  Houses,  the 
President  presented  a  condensed  and  general 
view  of  our  relations,  political  and  commercial, 


.  •:•■      A 


:;i^ 


210 


THIRTY  YEARS'  VIEW. 


with  foreign  nations,  from  wliicli  tho  Icadinpr 
pjitHaj^cs  ore  here  piven : 

"  Aflcr  our  transiti  n  frf)m  tlio  state  of  uoionies 
to  tliiit  of  an  in<li'|ic'niknt  nation,  many  jwints 
verc  found  necessary  to  lie  seltleil  between  iis 
and  Great  Britain.  Auionp;  them  was  tlio  de- 
marcation of  lx)undaries,  not  descrihed  witli  snf- 
ticicnt  precision  in  the  treaty  of  jK'aee.  Some  of 
tho  lines  tliat  <hvide  tlie  States  and  territories  of 
the  United  States  from  tlie  British  provinces, 
have  been  definitively  fixed.  That,  however, 
which  Keparates  us  from  the  provinces  of  Cana- 
da and  New  Brunswick  to  the  North  and  the 
East,  was  still  in  dispute  when  I  camo  into 
office.  But  I  found  arran>rements  made  for  its 
settlement,  over  which  1  had  no  control.  The 
commi.ssioners  who  had  been  appointed  under 
tho  provisions  of  the  treaty  of  Ghent,  having 
been  unable  to  agree,  a  convention  was  made 
with  Great  Britain  by  my  immediate  predecessor 
in  ofHce,  with  the  advice  and  consent  of  the 
Senate,  by  which  it  was  agreed  '  that  the  points 
of  difference  which  have  arisen  in  the  settlement 
of  the  boundary  line  between  the  American  and 
British  dominions,  as  described  in  the  fifth  arti- 
cle of  tho  treaty  of  Ghent,  shall  bo  referred,  as 
therein  provided,  to  some  friendly  sovereign  or 
State,  who  shall  be  invited  to  investigate,  and 
make  a  decision  upon  such  points  of  difference :' 
and  the  King  of  the  Netherlands  having,  by  the 
late  President  and  his  Britannic  Majesty,  been 
designated  as  such  friendly  sovereign,  it  became 
my  duty  to  carry,  with  good  faith,  the  agree- 
ment, so  made,  into  full  effect.  To  this  end  I 
caascd  all  the  measures  to  be  taken  which  were 
necessary  to  a  full  exposition  of  our  case  to  the 
sovereign  arbiter;  and  nominated  as  minister 
plenipotentiary  to  his  court,  a  distinguished 
citizen  of  tho  State  most  interested  in  tho  ques- 
tion, and  who  had  bee  one  of  the  agents  previ- 
ously employed  for  settling  the  controversy.  On 
the  10th  day  of  January  last.  His  Majesty  the 
King  of  the  Netherlands  delivered  to  tho  pleni- 

K)tentiaries  of  the  United  States,  and  of  Great 
ritain,  his  written  opinion  on  the  case  referred 
to  him.  Tho  papers  in  relation  to  the  subject 
will  be  communicated,  by  a  special  message,  to 
the  proper  branch  of  the  government,  with  the 
perfect  confidence  that  its  wisdom  will  adopt 
such  measures  as  will  secure  an  amicable  settle- 
ment of  tho  controversy,  without  infringing  any 
constitutional  right  of  the  States  inunediately 
interested. 

"  In  my  message  at  the  opening  of  the  last 
session  of  Congress.  I  expressed  a  confident  hope 
that  the  justice  of  our  claims  upon  France,  urged 
as  they  were  with  perseverance  and  signal  ability 
by  our  minister  there,  would  final'y  be  acknowl- 
edged. This  hope  has  been  realized.  A  treaty 
has  been  signed,  which  will  immediately  be 
laid  before  the  Senate  for  its  approbation ;  and 
which,  containing  stipulations  that  require  legis- 
lative acts,  must  have  tho  concurrence  of  both 
Houses  before  it  can  be  carried  into  effect. 


"Should  this  treaty  receive  the  pn>por  Mty\ 
tinn,  a  source  of  irritation  will  be  sto|i|,((l  t|,i 
has.  for  so  many  years,  in  some  de;rric  alicnatcl 
from  each  other  two  nations  who,  (roin  intcrr.,* 
as  well  iLS  tho  remembrance  of  early  assopiatio,|i, 
ought  to  cherish  the  most  frien«llyrcliU ions— an 
encouragcTnentwill  be  given  for  p(rst"\ ( nnoe  jn 
tho  deiiuinds  of  Justice,  by  this  new  jiiiu.!'  thnt 
if  steadily  pursued,  they  will  bo  listentd  to— an,j 
admonition  will  be  offered  to  those  i)r)n(^ 
if  any,  which  may  be  inclined  to  eva-Io  tlitni 
I  that  they  will  never  be  abandoned.  Ahoveall 
a  Just  confidence  vn\l  be  inspired  in  our  kWov. 
citizcn.s,  that  their  government  will  exert  all  tlio 
powers  with  which  they  have  invested  it,  ji, 
support  of  tlieir  just  claims  upon  foreign  nations' 
at  the  same  time  that  the  frank  acknowlofl-r' 
ment  and  provision  for  tho  payment  of  ti,f,t,, 
which  were  addressed  to  our  equity,  altlioimh 
unsupported  by  legal  proof,  affords  a  practical 
illustration  of  our  submission  to  the  Divine  riilo 
of  doing  to  others  what  we  desire  they  .shoiilil 
do  unto  us. 

■'Sweden  and  Denmark  having  made  compen- 
sation for  the  irregularities  committed  by  tiicir 
vessels,  or  in  their  ports?,  to  the  perfect  .^atisfai'- 
tion  of  the  parties  concerned,  and  having  re- 
newed the  treaties  of  commerce  entered  into 
with  them,  our  political  and  commercial  rela- 
tions with  those  powers  continue  to  be  on  the 
most  friendly  footing. 

"  With  Spain,  our  differences  up  to  the  22d  of 
Febniary,  1819,  were  settled  by  tho  treaty  of 
Washington  of  that  date ;  but,  at  a  subsequent 
period,  our  copimerco  with  the  states  formerlv 
colonies  of  Spain,  on  tho  continent  of  Americi 
was  annoyed  and  frequently  interrupted  by  her 
public  and  private  armed  ships.    They  captured 
many  of  our  vessels  prosecuting  a  lawful  com- 
merce, and  sold  them  and  their  cargoes ;  and  at 
one  tmie,  to  our  demands  for  restoration  and 
indemnity,  opposed  the  allegation,  that  they  were 
taken  in  tho  violation  of  a  blockade  of  all  the 
ports  of  those  states.    This  blockade  was  de- 1 
claratory  only,  and  the  inadt-;.».u!y  of  the  force 
to  maintain  it  was  so  manifest,  that  this  allegn- 1 
tion  was  varied  to  a  charge  of  trade  in  contraband  | 
of  war.     This,  in  its  turn,  was  also  found  un- 
tenable ;  and  tho  minister  whom  I  sent  with  I 
instructions  to  press  for  the  reparation  that  was 
due  to  cur  injured  fellow-citizens,  has  transmitted 
an  answer  to  his  demand,  by  which  t!io  captures 
are  declared  to  have  been  legal,  and  are  Justified 
because  the  independence  of  the  states  of  America  | 
never  having  been  acknovvledged  by  Spain,  sh 
had  a  right  to  prohibit  trade  with  them  under  I 
her  old  colonial  laws.     This  ground  of  defence 
was  contradictory,  not  only  to  those  which  M 
been  formerly  alleged,  but  to  the  uniform  prac- 
tice and  established  laws  of  nations ;  and  had  | 
been  abandoned  by  Spain  hers<?lf  in  tho  conven- 
tion which  granted  indemnity  to  British  subjectEl 
for  captures  made  at  tho  same  ti-^e,  under  the  I 
same  circumstances,  and  for  the  same  allegatioiii  | 
with  those  of  which  we  complain. 


resolved  on,  it  was 
waiting  for  the  meef 
>tate  of  Europe  c 


ANXO  1931.    ANDREW   lACKSOX,  PRESmENT. 


211 


I,  however,  indiilpe  the  hope  that  further 
^tleotion  will  lead  to  other  views,  and  feel  con- 
-iiiit.  that  when  iiis  Catholic  Majesty  shall  Ik; 
>iivince<l  of  the  justice  of  the  claim,  his  desire 
,,,  prctiervc  friendly  reliitioiis  between  the  two 
I  ;vuntries,  which  it  is  my  earnest  endeavor  to 
maintain,  will  induce  him  to  accede  to  our  do- 
ijintl.  I  ''"^'C  therefore  dispatchc<l  a  special 
mi^scnRcr,  with  instructions  to  our  minister  to 
bring  the  case  once  more  to  his  consideration  ; 
10  tiie  end  that  if,  which  I  cannot  bring  myself 
10  lielieve,  the  same  decision,  that  cannot  but 
adeemed  an  unfriendly  denial  of  justice,  should 
\^  persisted  in,  the  matter  may,  Ijcfore  your 
iiijoiirninent,  be  laid  before  you.  the  constitu- 
tional judges  of  what  is  proper  to  bo  done  when 
jfootiation  for  redress  of  injury  fails. 

"The  conclusion  of  a  tivaty  for  indemnity 
^jth  France,  seemed  to  present  a  favorable  op- 
lortunity  to  renew  our  claims  of  a  similar  nature 
in  other  powers,  and  particularly  in  the  case  of 
ihose  upon  Naples ;  more  especially  as,  in  the 
pjurse  of  former  negotiations  with  that  power, 
our  fiiiluro  to  induce  France  to  render  us  justice 
ris  used  as  an  argument  against  us.  The 
(ifsires  of  the  merchants  who  were  the  principal 
.iiti'crcrs,  have  therefore  been  acceded  to,  and  a 
jiission  has  been  instituted  for  the  special  pur- 
[flse  of  obtaining  for  them  a  reparation  already 
too  long  delayed.  This  measure  having  been 
r.solvcd  on,  it  was  put  in  execution  without 
iraiting  for  the  meeting  of  Congress,  because  the 
slate  of  Europe  created  an  apprehension  of 
I  cvints  that  might  have  rendered  our  application 
rfectual. 

"  Our  demands  upon  the  government  of  the 
Tnro  Sicilies  are  of  a  peculiar  nature.  The  in- 
juries on  which  they  are  founded  are  not  denied, 
iior  are  the  atrocity  and  perfidy  under  which 
I  those  injuries  were  perpetrated  attempted  to  be 
extenuated.  The  sole  ground  on  which  indem- 
nity has  been  refused  is  the  alleged  illegality  of 
the  tenure  by  which  the  monarch  who  made  the 
seizures  held  his  crown.  This  defence,  always 
unfounded  in  any  principle  of  the  law  of  nations 
-now  universally  abandoned,  even  by  those 
jwners  upon  whom  the  responsibility  for  acts  of 
]ist  rulers  bore  the  most  heavily,  will  unques- 
tionably be  given  up  by  his  Sicilian  Majesty, 
wiwse  counsels  will  receive  an  impulse  from  that 
hiiih  sense  of  honor  and  regard  to  justice  which 
are  said  to  characterize  him ;  and  I  i'ecl  the  fullest 
confidence  that  the  talents  of  the  citizen  com- 
missioned foi  that  purpose  will  place  before  him 
theJHst  claims  of  our  injured  citizens  in  such  a 
light  as  will  enable  mo,  before  your  adjournment, 
to  announce  that  they  have  been  adjusted  and 
secured.  Precise  instructions,  to  the  efl'ect  of 
Ijfinging  the  negotiation  to  a  speedy  issue,  have 
I  been  given,  and  will  be  obeyed. 

'  In  the  late  blockade  of  Terceira,  some  of  the 

I  Portuguese  fleet  captured  several  of  our  vessels, 

»nd  committed  other  excesses,  for  which  repa- 

iition  was  demanded ;  and  I  was  on  the  point  of 

dispatching  an  armed  force,   to  prevent  any 


recurrence  of  a  similar  violencf.  nnd  protect  otir 
citizens  in  the  pmsecut'<iii  of  their  Jawrul  com- 
merce, when  oflieial nssiirunccs.  on  wliicii  I  reliiil, 
made  the  failing  of  the  fhiiis  iinn<  cessarv.  Siiu'e 
that  iK'riod,  frequent  proniisi'*;  Iiavi-  been  made 
that  full  indemnity  shall  be  jriven  for  the  injuries 
inflicted  and  the  losses  sustained.  In  the  jer- 
fonnance  there  has  been  some.  |)erha|is  unavoid- 
able, delay ;  but  I  have  the  fullest  coiifiiienee 
that  my  earnest  desire  that  this  business  may  !it 
once  be  closed,  which  our  minister  has  Ik'cii 
instnicted  strongly  to  express,  will  very  soon  Ite 
gratified.  1  have  the  better  grouui'  for  this 
hope,  from  the  evidence  of  a  friendly  d,«position 
which  that  government  has  shown  by  ai>  actual 
reduction  in  the  duty  on  rice,  the  pro<luce  of  our 
Southern  States,  authorizing  the  anticipation  that 
this  important  article  of  our  exjiort  will  soon  be 
admitted  on  the  same  footing  with  that  produced 
by  the  most  favored  nation. 

"  With  the  other  pow  rs  f)f  Europe,  we  have 
fortunately  had  no  cause  of  discussions  for  the 
redress  of  injuries.  With  the  Emi-'.re  of  the 
Kussias,  our  political  connection  is  of  the  most 
friendly,  and  our  commercial  of  the  most  liberal 
kind.  We  enjoy  the  advantages  of  navigation 
and  trade,  given  to  the  most  favored  nation ;  but 
it  has  not  yet  suited  their  policy,  or  perhaps  has 
not  been  found  convenient  from  other  conside'- 
ationS;  to  give  stability  and  reciprocity  to  those 
privileges,  by  a  commercial  treaty.  The  ill- 
health  of  the  minister  last  year  charged  with 
making  a  proposition  for  that  arrangement,  did 
not  permit  him  to  remain  at  St.  Petersburg ; 
and  the  attention  of  that  government,  during 
the  whole  of  the  jwriod  since  his  departure, 
having  been  occupied  by  the  war  in  which  it 
was  engaged,  we  have  been  assured  that  nothing 
could  have  been  effected  by  his  presence.  A 
minister  will  soon  be  nominate<l,  as  well  to  effect 
this  important  object,  as  to  keep  up  the  relations 
of  amity  and  good  understanding  of  which  wo 
have  received  so  many  assurances  and  proofs 
from  his  Imperial  Majesty  and  the  Emperor  his 
predecessor. 

"  The  treaty  with  Austria  is  opening  to  us  an 
important  trade  with  the  hereditary  dominions 
of  the  Emperor,  the  value  of  which  has  been 
hitherto  little  known,  and  of  course  not  suftt- 
ciently  appreciated.  While  our  commerce  finds 
an  entrance  into  the  south  of  Germany  by  means 
of  this  treaty,  those  we  have  formed  with  tlio 
Han.seatic  towns  and  Prussia,  and  others  now  in 
negotiation,  will  open  that  vast  country  to  the 
enterprising  spirit  of  our  merchants  on  the  north ; 
a  country  abounding  in  all  the  materials  for  ix 
mutually  beneficial  commerce,  filled  with  en- 
lightened and  industrious  inhabitants,  holding 
an  important  place  in  the  politics  of  Europe,  and 
to  which  we  owe  so  many  valuable  citizens. 
The  ratification  of  the  treaty  with  tlie  Porte  was 
sent  to  be  exchanged  by  the  gentleman  appointeil 
our  charge  d'affaires  to  that  court.  Some  diffi- 
culties occurred  on  his  arrival ;  but  at  the  dato 
of  his  last  official  dispatch,  he  supposed  they  had 


;  %''■ 


Mt 


212 


TIIIUTV  YEARS'  VIEW. 


f 


\k,' 


bet'n  ohviatcd,  ami  thut  there  was  every  pi-ospcct 
of  the  exchnnjro  Iteinp  Hpi-eilily  cffectHi. 

••  This  liiiislieH  the  ronn'cted  view  I  have 
thoiicht  it  projwr  to  jrive  of  our  political  and 
comiiuTcial  relutionfi  in  Europe.  Kvery  effort 
in  my  power  will  he  continued  to  strengthen  and 
ex  lend  them  by  treat  icH  founded  on  principles 
of  the  most  jR'rfect  reciprwity  of  interest,  neither 
askiiifr  nor  conceding  any  exclusive  advantage, 
Imt  lilienitinjr,  as  fur  as  it  lies  in  my  power,  the 
activity  and  industry  of  our  fellow-citizens  from 
the  siiael  les  which  foreign  restrictions  may  im- 
pose. 

"To  Ciina  and  the  East  Indies,  our  commerce 
continues  in  its  usual  extent,  and  with  increased 
facilities,  which  the  credit  and  capital  of  our 
jnerchants  afford,  l)y  substituting  bills  for  pay- 
ments in  s{)ccie.  A  daring  outrage  having  been 
committed  in  those  seas  by  the  plunder  of  one 
of  our  merchantmen  engaged  in  the  pepper  trade 
at  a  port  in  Sumatra,  and  the  piratical  perpetra- 
tois  belonging  to  tribes  in  such  a  state  of  society 
that  the  usual  course  of  proceeding  between 
livilized  nations  could  not  bo  pursued,  I  forth- 
with dispatched  a  frigate  with  orders  to  require 
immediate  satisfaction  for  the  injury,  and  in- 
denmity  to  the  suflerers. 

"  Few  changes  have  taken  place  in  our  con- 
nections with  the  independent  States  of  America 
since  my  last  communication  to  Congress.  The 
ratification  of  a  commercial  treaty  with  the 
United  Republics  of  Mexico  has  been  for  some 
time  under  deliberation  in  their  Congress,  but 
was  still  undecided  at  the  date  of  our  last  dis- 
patches. The  unhappy  civil  commotions  that 
have  i)revailed  there,  were  undoubtedly  the 
cause  of  the  delay ;  but  as  the  government  is 
now  said  to  be  tranquillized,  we  may  hope  soon 
to  receive  the  ratification  of  the  treaty,  and  an 
arrangement  for  the  demarcation  of  the  bounda- 
ies  between  us.  In  the  mean  time,  an  im- 
portant trade  has  been  opened,  with  mutual 
benefit,  from  St.  Louis,  in  the  State  of  Missouri, 
by  caravans,  to  the  interior  provinces  of  Mexico. 
Tl-.is  commerce  is  protected  in  its  progress 
through  the  Indian  countries  by  the  troops  of 
the  United  States,  which  have  been  permit- 
ted to  escort  the  caravans  beyond  our  boun- 
daries to  the  settled  part  of  the  Mexican  ter- 
ritory. 

"  From  Central  America  I  have  received  assu- 
rances of  the  most  friendly  kind,  and  a  grati- 
fying application  for  our  good  offices  to  remove 
a  supposed  "...disposition  towards  that  govern- 
ment in  a  neighboring  state:  this  application 
was  immediately  and  successfully  complied  with. 
They  ga\  ^  us  also  the  pleasing  intelligence,  that 
dittierences  which  had  pievailctl  in  their  internal 
affairs  had  been  peaceably  adjusted.  Our  treaty 
with  this  republic  continues  to  be  faitlifully  ob- 
served, and  promises  a  great  and  beneficial  com- 
merce between  the  two  countries ;  a  commerce 
of  the  greatest  importance,  if  the  magnificent 
project  of  a  ship  canal  through  the  dominions 
•f  that  state,  from  the  Atlantic  to  the  Pacific 


Ocean,  now  in  serious  contemplation,  shall  fc» 
exccutwl. 

'•  I  have  great  satisfaction  in  commnnioatiri'. 
the  success  which  has  attemied  the  cxiTtions  "i  \ 
our  minister  in  Colombia  to  j)rocure  a  vcrv  rot 
sidcrablc  reduction  in  the  duties  on  our  flour     I 
that  republic.    Indemnity,  also,  ha«  l)o<;n  stiui"! 
lated  for  injuries  received  by  our  merchants  from  1 
illegal  seizures ;  and  renewed    assurances  nn'  ^ 
given  that  the  treaty  between  the  t«o  countries  I 
shall  be  faithfully  observed. 

"  Chili  and  Peru  seem  to  Imj  still  threatcnn  1 1 
with  civil  commotions;  and,  until  they  ghan  |  J 
settled,  disorders  may  naturally  be  oppn-hcndwl 
requiring  the  constant  presence  of  a  niival  for,! 
in  the  Pacific  Ocean,  to  protect  our  hsheries  anij 
guard  our  commerce. 

"  The  disturbances  that  took  place  in  tlic  Em- 
pire of  Brazil,  previously  to,  and  immefliatdv 
consequent  uj)on,  the  abdication  of  the  late  Eni- 1 
peror,  neces.sarily  suspended  any  effectual  anpli! 
cation  for  the  redress  of  some  past  injuries  sui- 
fercd  by  our  citizens  from  that  government  I 
while  they  have  been  the  cause  of  others,  in 
which  all  foreigners  seem  to  have  participated 
Instructions  have  been  given  to  our  minister! 
there,  to  press  for  indemnity  due  for  los.scs  occn- 1 
sioned  by  these  irregularities,  and  to  take  care 
that  oar  fellow-citizens  shall  enjoy  all  the  privi.  j 
leges  stipulated  in  their  favor,  by  the  treatrl 
lately  made  between  the  two  powers ;  all  whioli  I 
the  good  intelligence  that  prevails  between  our  I 
minister  at  Rio  Janeiro  and  the  regency  gives  I 
us  the  best  reason  to  expect.  I 

"  I  should  have  placed  Buenos  Ayres  on  tho  I 
list  of  South  American  powers,  in  respect  to  I 
which  nothing  of  importance  affecting  us  was  to  i 
be  communicated,  but  for  occurrences  which  have  I 
lately  taken  place  at  the  Falkland  Islands  in  I 
which  the  name  of  that  republic  has  been  used  I 
to  cover  with  a  show  of  authority  acts  injurious  I 
to  our  commerce,  and  to  the  property  and  liber- j 
ty  of  our  fellow-citizens.  In  the  course  of  the! 
present  year,  one  of  our  vessels  engaged  in  the  I 
pursuit  of  a  jtrade  which  wo  have  always  enjoT-l 
ed  without  molestation,  has  been  captured  by  al 
band  acting,  as  they  pretend,  under  the  authority  I 
of  the  government  of  Buenos  Ayres.  I  have) 
therefore  gi"en  orders  for  the  dispatch  of  an  arm- [ 
ed  vessel,  to  join  our  squadron  in  those  seas,  and} 
aid  in  affording  all  lawful  protection  to  our  tradel 
which  shall  be  necessary;  and  shall,  withoutl 
delay,  send  a  minister  to  inquire  into  the  nature! 
of  the  circumstances,  and  also  of  the  claim,  if  acr,| 
that  is  set  up  by  that  government  to  tlioee iiil 
anils.  In  the  mean  time,  I  submit  the  case  tol 
the  consideration  of  Congress,  to  the  end  that  thcjl 
may  clothe  the  Executive  with  such  authorifvl 
and  means  as  they  may  deem  neces.sary  for  pnJf 
viding  a  force  adequate  to  the  complete  protcc.| 
tion  of  our  fellow-citizens  fishing  and  trading  i 
those  seati. 

"  This  rapid  sketch  of  our  foreign  relations,  itl 
is  hoped,  fellow-citizens,  may  be  of  some  use  ij 
so  much  of  your  legislati  ju  as  mr.y  benr  on  tlnd 


ANNO  1831.     ANDREW  JACKSON.  PRFJiinF.NT. 


213 


;-,pnrt»nt  subject ;  while  it  affords  to  the  coiin- 
',i^-  at  larjre  a  source  of  hiph  prntificaton  in  tlic 
ntt'inplation  of  our  iioliticiil  and  coniniercial 
;vinnection  with  the  rest  of  tlic  world.  At  jn-.ice 
,)th  all — having  subjects  of  future  difference 
f\i\\  few,  and  those  Buswntible  of  ea.sy  adjust- 
ment—-extending  our  commerce  pradually  on  all 
.,,ies,  and  on  none  by  any  but  the  most  liberal 
,n,l  mutually  beneficial  means — wo  may,  by  the 
lilefyinfr  of  Providence,  hope  for  all  that  national 
jrosperity  which  can  bo  derived  from  an  inter- 
fouftc  with  foreign  nations,  guided  by  those 
turiial  principles  of  ju.stico  and  reciprocal  good 
^\\i  which  are  binding  an  well  upon  States  as 
the  individi'als  of  whom  they  are  composed. 

"  I  have  great  satisfaction  in  making  this 
itatcmcnt  of  our  affairs,  because  the  course  of 
iur  national  policy  enables  me  to  do  it  without 
jny  indiscreet  exposure  of  what  in  other  govern- 
ments is  usually  concealed  from  the  people. 
Having  none  but  a  straightforward,  open  courte 
(0  pursue — guided  by  a  single  principle  that  will 
bear  the  strongest  light — we  have  happily  no 
political  combinations  to  form,  no  alliances  to 
entangle  us,  no  complicated  interests  to  consult; 
and  in  subjecting  all  we  have  done  to  the  con- 
sideration of  our  citizens,  and  to  the  inspection 
if  tlie  world,  we  give  no  advantage  to  other  na- 
tions, and  lay  ourselves  open  to  no  injury." 

This  clear  and  succinct  account  of  the  state  of 
our  foreign  relations  makes  us  fully  acquainted 
with  these  affairs  as  they  then  stood,  and  presents 
I  view  of  questions  to  be  settled  with  several 
f«wers  which  were  to  receive  their  solution 
from  the  firm  and  friendly  spirit  in  which  they 
irould  be  urged.  Turning  to  our  domestic  con- 
cerns, the  message  thus  speaks  of  the  finances ; 
showing  a  gradual  increase,  the  rapid  extinction 
of  the  public  debt,  and  that  a  revenue  of  27f  mil- 
lions was  about  double  the  amount  of  all  (jxpen- 
ditures,  exclusive  of  what  that  extinction  absorb- 
ied: 

"The  state  of  the  public  finances  will  be  fully 

i  shown  by  the  Secretary  of  the  Treasury,  in  the 
report  wluch  bo  will  presently  lay  before  you. 
I  will  here,  however,  congratulate  you  upon '.  heir 
prosperous  condition.    The  revenue  received  in 

1  the  present  year  will  not  fall  short  of  twenty- 
seven  million  seven  hundred  thousand  dollars ; 

I  and  the  expeuuitures  for  all  objects  other  than 
!  public  debt  will  not  exceed  fourteen  million 

I  seven  hundred  thousand.  The  payment  on  ac- 
count of  the  principal  and  interest  of  the  debt, 
iuring  the  year,  will  exceed  sixteen  millions  and 
ahdlf  of  dollars:  a  greater  sum  than  has  been 

I  applied  to  that  object,  out  of  the  revenue,  in  any 
rear  since  the  enlargement  of  the  sinking  fund, 
except  the  two  years   following   immediately 

I  Jiercafter.  The  amount  which  will  have  been 
jpplied  to  the  public  debt  from  the  4th  of  March, 


182*.).  to  the  1st  of  Janunrv  next,  which  is  Km^ 
than  three  yenrs  sin<'e  the  wlmiiiistnilion  lias 
l)ffn  plaocil  in  niy  hamls.  will  exceed  forty  mil- 
lions of  dollars.'' 

On  the  Kulijoct  of  government  insolvent  debt- 
ors, the  message  said : 

"In  my  annual  message  of  December.  lf^2'.'.  I 
had  the  honor  to  reeoniuu'iid  the  ailoptiun  of  ii 
more  li'jeral  jiolioy  than  that  which  then  jireviiil- 
ed  towards  unfortunate  debtors  to  the  govern- 
ment; and  I  deem  it  my  duty  again  to  invite 
your  attention  to  this  subject.  Actuate<l  by 
similar  views,  Congress  at  their  last  session  pass- 
ed an  act  for  the  relief  of  certain  insolvent  del-t- 
ors of  the  United  States :  but  the  provi;;ions  (if 
that  law  have  not  been  deemed  such  as  were 
adequate  to  that  relief  to  this  unfortunate  clil^s 
of  our  fellow-citizens,  which  may  be  safely  ex- 
tended to  them.  The  points  in  which  the  hr.v 
appears  to  be  defective  will  be  particularly  com- 
municated by  the  Secretary  of  the  Treasury :  and 
I  take  pleasure  in  recommending  such  an  exten- 
sion of  its  provisions  as  will  unfetter  the  enter- 
prise of  a  valuable  jjortion  of  our  citizens,  and 
restore  to  them  the  means  of  usefulness  to  them- 
selves and  the  community." 

Recurring  to  his  previous  recommendation  in 
favor  of  giving  the  election  of  President  and  Vice- 
President  to  the  direct  vote  of  the  people,  the 
message  says : 

"  I  have  heretofore  recommended  amendments 
of  the  federal  constitution  giving  the  election 
of  President  and  Vice-President  to  the  people, 
and  limiting  the  service  of  the  former  to  a 
single  term.  So  important  do  I  consider  tlicj^e 
changes  in  our  fundamental  law.  that  I  cannot, 
in  accordance  with  my  sense  of  duty,  omit  to 
press  them  upon  the  consideration  of  a  i  \v  Con- 
gress. For  my  views  more  at  large,  as  well  in 
relation  to  these  points  as  to  the  disqualification 
of  members  of  Congress  to  receive  an  office  from 
a  President  in  whose  election  they  have  had  an 
official  agency,  which  I  proposed  as  a  substitute, 
I  refer  you  to  my  former  messages." 

And  concludes  thus  in  relation  to  the  Bank  of 
the  United  States : 

'•  Entertaining  the  opinions  heretofore  express- 
ed in  relation  to  the  Bank  of  the  United  States, 
as  at  present  organized,  I  felt  it  my  duty,  in  my 
former  messages,  frankly  to  disclose  them,  in  or- 
der that  ihe  attention  of  the  legislature  and  the 
people  should  be  seasonably  directed  to  that  im- 
portant subject,  and  that  it  might  be  considered 
and  finally  disposed  of  in  a  manner  best  calcula- 
ted to  promote  the  ends  of  the  constitution,  and 
subserve  the  public  interests.  Having  thus  con- 
scientiously discharged  a  constitutional  duty,  I 
deem  it  proper,  on  this  occasion,  without  a  more 
particular  reference  to  the  views  of  the  subject 


:■  / 


M 


:1.  ■   B 

1,,,  "' . 


^v;:  I  '•■■,-;; 


■i,.-^.:     i 


214 


TIIIIITY  YKAHS'  VIFAV. 


tlii-n  ex[)r('SSP(l,  to  kavc  it  for  the  pn'Sfnt  to  the 
iiiM-stipiiioii  of  nil  fiili^'hteniJ  jtooitk'  oiul  their 
r(.'i)ii".seiitativc.s." 


C  II  A  P  T  K  11      L  I  X  . 

IlWKCTION    OF   MIt.  VAN  KirKEN,  MINISTKIJ  TO 
km;  LAN  U 

At  the  period  of  tlie  election  of  General  Jack.son 
to  the  Presidency,  four  {gentlemen  stood  prominent 
in  the  jiolitical  ranks,  eacli  indicated  by  his  friends 
t'tr  the  succession,  and  each  willing  to  be  the 
(iencral's  successor.     They  were  Messrs.  Clay 
and    Webster,  and  Jlessrs.  Calhoun  and  Van 
Bnren ;  tlie  two  former  classing  politically  against 
( iuncral  Jackson — the  two  latter  with  him.    But 
uu  event  soon  occurred  to  override  all  political 
flistinction,  and  to  bring  discordant  and  rival 
elements  to  work  together  for  a  common  object. 
'J'hnt  event  was  the  appointment  of  Mr.  Van 
Buren  to  be  Secretary  of  State — a  post  then  look- 
ed upon  as  a  stepping-stone  to  the  Presidency — 
and  the  iini)uted  predilection  of  General  Jackson 
for  him.     This  presented  him  as  an  obstacle  in 
t!ie  path  of  the  other  three,  and  which  the  inter- 
est of  each  required  to  be  go^  out  of  the  way. 
'J'he  strife  first,  and  soon,  begau  in  the  cabinet, 
where  Mr.  Calhoun  had  several  friends ;  and  Mr. 
Van  Buren.  seeing  that  General  Jackson's  ad- 
ministiation  was  likely  to  be  embarrassed  on  his 
account,  determined  to  resign  his  post — having 
first  seen  the  triumph  of  the  new  administration 
ia  the  recovery  of  the  British  West  India  trade, 
and  the  successful  commencement  of  other  nego- 
tiations, which  settled  all  outstanding  difficulties 
with  other  nations,  and  shed  such  lustre  upon 
Jackson's  diplomacy.     He  made  known  his  de- 
sign to  the  President,  and  his  wish  to  retire  from 
the  cabinet — did  so — received  the  appointment 
of  minister  to  London,  and  immediately  left  the 
United  States ;  and  the  cabinet,  having  been  from 
the  beginning  without  harmony  or  cohesion,  was 
dissolved — some  resigning  voluntarily,  the  rest 
under  requisition — as  already  related  in  the  chap- 
ter on  the  dissolution  of  the  cabinet.     The  volun- 
tary resigning  members  were  classed  as  friends 
to  Mr.  Van  Buren,  the  involuntary  as  opposed 
to  him,  and  two  of  them  (Messrs.  Ingham  and 
Branch)  as  friends  to  Jlr.  Calhoun;  and  be- 
came, of  course,  alienated  from  General  Jackson. 


I  was  particularly  p-iove<I  af  this  l)renrh  V«.tW(, . 
Mr.  Branch  and  the  Proidcnt,  having  kni.«^ 
him  from  boyhood— l)cen  school-follows  topitlur 
and  being  well  acquainted  with  his  inviolal,!,! 
honor  and  loiif:  and  faithful  attadmicnt  to  (»[,,. 
ral  Jackson.  It  was  the  complete  extintlioii  „f 
the  cabinet,  and  a  new  one  was  formed. 

Mr.  Van  Buren  had  notliing  to  do  with  ihi, 
dissolution,  of  which  General  Jackson  haslxirm; 
voluntary  and  written  testimony,  to  be  used  in 
this  chapter;  and  also  left  behind  him  a  written 
account  of  the  true  cause,  now  first  publislic  | 
in  this  Thirty  Years'  View,  fully  exoneratin. 
Mr.  Van  Buren  from  all  concern  in  that  event" 
and  showing  his  regret  that  it  had  occmred.  But 
the  whole  catastrojjhc  was  charged  upon  him  In- 
his  political  opponents,  and  for  the  unworthy 
purpose  of  ousting  the  friends  of  Jlr.  Caliionn, 
and  procuring  a  new  set  of  members  entirely  d^^ 
voted  to  his  interest.  This  imputation  was  m- 
gatived  by  his  immediate  departure  from  the 
country,  setting  out  at  once  iipon  his  mission 
without  awaiting  the  action  of  the  Senate  on  lii^ 
nomination.  This  was  in  the  summer  of  183], 
Early  in  the  ensuing  session — at  its  very  com- 
mencemcnt,  in  fact — his  nomination  was  sent  in. 
and  it  was  quickly  perceptible  that  there  was  h 
be  an  attack  upon  him — a  combined  one ;  the 
three  rival  statesmen  acting  in  concert,  and  eacii 
backed  by  all  his  friends.  No  one  outside  of  the 
combination,  myself  alone  excepted,  could  believe 
it  would  be  successful.  I  saw  they  were  masters 
pf  the  nomination  from  the  first  day,  and  woujil 
reject  it  when  they  were  ready  to  exhibit  a  case 
of  justification  to  the  country :  and  so  informed 
General  Jackson  from  an  early  period  in  the  ses- 
sion. The  numbers  were  sufficient :  the  difficultv 
was  to  make  up  a  case  to  satisfy  the  people ;  and 
that  was  found  to  be  a  tedious  business. 

Fifty  days  were  consumed  in  these  prelimi- 
naries— to  bo  precise,  fifty-one;  and  that  in 
addition  to  months  of  preparation  before  the 
Senate  met.  The  preparation  was  long,  but  the 
attack  vigorous;  and  when  commenced,  the 
business  was  finished  in  two  days.  There  were 
about  a  df  ^cn  set  speeches  against  him,  from  a> 
many  diiferent  speakers — about  double  the  num- 
ber that  spoke  agamst  WaiTcn  Hastings— and 
but  four  off-hand  replies  for  him ;  and  it  wa, 
evident  that  the  three  chiefs  had  brought  up  all 
their  friends  to  the  work.  It  was  an  unprece- 
dented array  of  numbers  and  talent  against  cm 


AXNO  \%Z-2.     ANDREW  JACKSON.  rilB^IDKNT. 


215 


-i.Tilual,  and  ho  absent, — and  of  such  nmcnity 
(f  uianiKTS  as  usually  to  disarm  political  o\>\m- 
j;.;„n of  all  its  virulence.  The  causes  of  olijccti(i;s 
(Tire  siii>i>oscd  to  be  found  in  four  difTcrent  heads 
of  accu.-ution }  each  of  which   was  olabonitely 

1.  The  instructions  drawn  up  and  sipncd  by 
\lr.  Van  IV.iren  as  Secretary  of  State,  under  the 
iirictiiii  of  the  President,  and  furnishe<l  to  Mr. 
\!.Lano,  for  his  guidance  in  endeavoring  to  rc- 
cptii  tiie  negotiation  for  the  West  India  trade. 

•j,  Making  a  breach  of  friendship  between  the 
fr.-t  and  second  olDccrs  of  the  government — 
I'nsiiltnt  Jackson  and  Vice-President  Calhoun 
-for  the  purpose  of  thwarting  the  latter,  and 
litlpins  himself  to  the  Presidency. 

0.  IJreaking  up  the  cabinet  for  the  same  pur- 
ple. 
4,  Introducing  the  system  of  "  proscription" 
(removal  from  oflBce  for  opinion's  sake),  for  the 
anie  purpose. 
A  formal  motion  was  made  by  Mr.  Holmes, 
I'  of  Maine,  to  raise  a  committee  with  power  to 
Rnd  for  persons  and  papers,  administer  oaths, 
woivc  sworn  testimony,  and  report  it,  with  the 
committee's  opinion,  to  the  Senate;  but  this 
loikt'd  so  much  like  preferring  an  impeachment, 
ji  well  as  trying  it,  that  the  procedure  was 
dropped ;  and  all  reliance  was  placed  upon  the 
Kimerous  and  elaborate  speeches  to  be  delivered, 
ill  carefully  prepared,  and  intended  for  publica- 
tion, though  delivered  in  secret  session.   Rejection 
oftlio  nomination  was  not  enough — a  killing  off 
in  the  public  mind  was  intended ;  and  thgrcfore 
the  unusual  process  of  the  elaborate  preparation 
and  intended  publication  of  tlio  speeches.    All 
tlie  speakers  went  through  an  excusatory  for- 
mtila,  repeated  with  equal  precision  and  gravity ; 
abjuring  all  sinister  motives;  declaring  them- 
gelves  to  be  wholly  governed  by  a  sense  of  public 
duty ;  describing  the  pain  which  they  felt  at 
arraigning  a  gentlemra   whose  manners  and 
deportment  were  so  urbane ;  and  protesting  that 
nothing  but  a  pcnse  of  duty  to  the  country  could 
force  them  to  the  reluctant  performance  of  such 
a  painful  task.    The  accomplished  Forsyth  com- 
plimented, in  a  way  to  be  perfectly  understood, 
this  excess  of  patriotism,  which  could  voluntarily 
inflict  so  much  self-distress  for  the  sake  of  the 
blic  good ;  and  I,  most  unwittingly,  brought 
the  misery  of  one  of  the  gentlemen  to  a  sudder 
and  ridiculous  conclusion  by  a  chance  remark. 


It  was  Mr.  Gabriel  Moore,  of  Alabama,  who  sut 
near  me,  and  to  whom  I  saitl,  when  the  vote  wn.1 
declared.  "  You  have  broken  a  minister,  and 
« lected  !.  Vice-I'iresident."'  He  asked  how  ?  and 
I  lold  him  the  people  would  see  nothing  in  it 
but  a  combination  of  rivals  against  a  comjctitor. 
and  would  pull  them  all  down,  and  set  him  up. 
"Good  Gwl !  "  said  he,  "  why  didn't  you  tell  nio 
that  belore  I  voted,  and  I  would  have  voted  tlie 
other  way."  It  was  only  twenty  minutes  he- 
fore,  for  he  was  the  very  last  speaker,  that  Mr. 
Moore  had  delivered  himself  thus,  on  this  very 
interesting  point  of  public  duty  ag:unst  private 
feeling : 

"  Under  all  the  circimistanoes  of  the  case,  not- 
withstanding the  able  views  which  have  been 
presented,  and  the  impatience  of  the  Senate,  I 
feel  it  a  duty  incumbent  upon  me,  not  only  in 
justification  of  myself,  and  of  the  motives  which 
govern  me  in  the  vote  which  I  am  about  to  give, 
but,  also,  in  justice  to  the  free  and  independent 
people  whom  I  have  the  honor  in  part  to  rejjre- 
sent,  that  I  should  set  forth  the  reasons  which 
have  reluctantly  compelled  mo  to  oppose  the 
confirmation  of  the  present  nominee.  Sir,  it  ii 
proper  that  I  should  declare  that  the  evidence 
adduced  against  the  character  and  conduct  of 
the  late  Secretary  of  State,  and  the  sources  from 
which  this  evidence  emanates,  have  made  an 
impression  on  my  mind  that  v  ill  require  of  me, 
in  the  conscientious  though  painful  discharge  of 
my  duty,  to  record  my  vote  against  his  nomina- 
tion." 

The  famous  Madame  Roland,  when  mounting 
the  scaflbld,  apostrophized  the  mock  statue  upon 
it  with  this  exclamation :  "  Oh  Liberty !  how  -A 
many  crimes  are  committed  in  thy^apue  !" 
After  what  I  have  seen  during  my  thirty  years 
of  inside  and  outside  views  in  the  Congress  of  the 
United  States,  I  feel  qualified  to  paraphrase  the 
apostrophe,  and  exclaim :  •'  Oh  Politics !  how 
much  bamboozling  is  practised  in  thy  game  1 " 

The  speakers  against  the  nomination  w^cre 
Messrs.  Clay,  Webster,  John  M.  Clayton,  Ewing 
of  Ohio,  John  Holmes,  Frelinghuysen,  Poindex- 
ter.  Chambers  of  Maryland,  Foot  of  Connecticut, 
Governor  Miller,  and  Colonel  Hayne  of  South 
Carolina,  and  Governor  Moore  of  Alabama — just 
a  dozen,  and  equal  to  a  full  jury.  Mr.  Calhoun, 
as  Vice-President,  presiding  in  the  Senate,  could 
not  speak ;  but  he  was  understood  to  be  per- 
sonated by  his  friends,  and  twice  gave  the 
casting  vote,  one  interlocutory,  against  the  nomi- 
nee— a  tic  being  contrived  for  that  purpose,  and 
the  combined  plan  requiring  him  to  be  upon  the 


It  ;'*(*     - 


V"  > 


■J' 


'■'      '  '-'I  ■ 


!;/ 


,  t  ,  ; 


I   t' 


.•K^ 


V       'tXHlf^ 


'!*•■. 


216 


THIRTV  YEAIIS'  VIKW. 


roronl.  Only  four  sjioke  on  the  side  of  the 
ii'iiiiiiiMtion ;  (ioiicral  Sjiiith  of  Afnrylund,  Mr. 
I'orsyth,  Mr.  Ikdfonl  ISiown,  iiml  Mr.  .Nhircy. 
Mt'surs.  Clay  and  "Webster,  and  their  friendw, 
cliiedy  confined  themselves  to  the  instructions 
'm  tlio  West  India  tratle ;  the  friends  of  Mr. 
Calhoini  {mid  most  attention  to  the  cabinet  rup- 
'.iire,  the  separation  of  old  friends,  and  the  sys- 
Icjn  of  proscription.  Apainst  the  instructions  it 
was  ullef^cd,  that  they  l>e(rp;e<l  as  a  favor  what 
was  duo  as  a  right ;  that  they  took  the  side  of 
Great  Britain  against  our  own  country ;  and 
tarried  our  party  contests,  and  the  issue  of  our 
party  elections,  into  diplomatic  negotiations  with 
foreign  countries ;  and  the  following  clause  fiom 
the  instructions  to  Mr.  McLano  was  quoted  to 
sustain  these  allegations : 

"  In  reviewing  the  causcT  w  hich  have  preceded 
»nd  more  or  less  contributed  to  a  result  so  much 
regretted,  there  will  bo  found  tlireo  grounds 
upon  which  we  are  most  assailable :  1.  In  our 
K)o  long  and  too  tenaciously  resisting  the  right 
01  Great  Britain  to  impose  protecting  duties  in 
her  colonies.  2.  In  not  relieving  her  vessels 
from  the  restriction  of  returning  direct  from  the 
Lnited  States  to  the  cdonies  after  permission 
hid  been  given  by  Great  Britain  to  our  vessels 
tu  clear  out  from  the  colonies  to  any  other  than 
&  British  port.  And,  3.  In  omitting  to  accept 
tlic  terms  offered  by  the  act  of  Parliament  ef 
jTuly,  1825,  after  the  subject  had  been  brought 
before  Congress  and  deliberately  acted  upon  by 
our  government.  It  is,  without  doubt,  to  the 
combined  operation  of  these  (three)  causes  that 
wo  arc  to  attribute  the  British  interdict;  you 
will  therefore  see  the  propriety  of  possessing 
yourself  fully  of  all  the  explanatory  and  miti- 
gating circumstances  connected  with  them,  that 
you  may  be  able  to  obviate,  as  far  as  practicable, 
the  unfavorable  impression  which  they  have 
produced." 

This  was  the  clause  relied  upon  to  sustain  the 
allegation  of  putting  his  own  country  in  the 
wrong,  and  taking  the  part  of  Great  Britain,  and 
truckling  to  her  to  obtain  as  a  favor  what  was 
due  as  a  right,  and  mixing  up  our  party  contests 
witn  our  foreign  negotiations.  The  fallacy  of 
all  these  allegations  was  well  shown  in  the  re- 
plies of  the  four  senators,  and  especially  by 
General  Smith,  of  Maryland ;  and  has  been  fur- 
ther shown  in  the  course  of  this  work,  in  the 
^hapter  on  the  reco^^ery  of  the  British  West  In- 
dia trade.  But  there  was  a  document  at  that 
time  in  the  Department  of  State,  unknown  to 
the  friends  of  Mr.  Van  Buren  in  the  Senate, 
irhich  would  not  only  have  exculpated  him,  but 


turned  the  attacks  of  his  assailants  against  thru, 
selves.     The   facLs   were   these:   Mr.  (Iiijlaim 
while  minister  at  I^mdon,  on  the  sulijirt  of  tl,ii 
trade,  of  course  sent  home  disiatches,  n(lilrcf;si.l 
to  the  Secretary  of  State  (Mr.  Clay),  ji,  ,^i|j^|, 
he  pave  an  account  of  his  progress,  or  nitlier  of  I 
the  obstacles  which  prevented  any  pntpress.  in 
the  attempted  negotiation.    There  were  two  nf  I 
these  dispatches,  one  dated  September  22,  ]H% 
the  other  November  tho  14th,  1827.    The  latter 
had  been  communicated  to  Congress  in  full,  ami 
printed  among  tho  papers  of  the  case ;  of  tlic 
former  t  nly  an  extract  hod  been  communicated 
and  that  relating  to  a  mere  formal  point.    It .«) 
happened  that  tho  part  of  this  dispatch  of  Sep.  j 
tcmbcr,  182G,  .lot  communicated,  containod  Mr, 
Gallatin's  report  of  the  causes  whidi  led  to  tho 
refusal  of  tho  British  to  treat — their  refusal  to  i 
permit  us  to  accept  tho  terms  of  their  act  of 
1825,  after  the  year  limited  for  acceptanco  \\afl 
expired — and  which  led  to  tho  order  in  council, 
cutting  us  off  from  tho  trade ;  and  it  so  happened  l 
that  this  report  of  these  causes,  so  made  by  Mr, 
Gallatin,  was  tho  original  from  which  Mr.  Van  j 
Buren  copied  his  instructions  to  Mr.  McLane! 
and  which  were  the  subject  of  so  much  censure  I 
m  the  Senate.    I  have  been  permitted  by  Mr, 
Everett,  Secretary  of  State  under  President  Fill- 
more— (Mr.  Webster  would  have  given  mo  the  I 
same  permission  if  I  had  applied  during  his 
time,  for  ho  did  so  in  every  case  that  I  ever  j 
asked) — to  examine  this  dispatch  in  the  Depart- 
ment of  State,  and  to  copy  from  it  whatever  I  i 
wanted ;  I  accordingly  copied  the  following : 

"On  three  points  we  were  perhaps  vulnerable. 

"  1.  The  delay  of  renewing  the  negotiation. 

"  2.  The  omission  of  having  revoked  the  re- 
striction on  the  indirect  intercourse  when  that 
of  Great  Britain  had  ceased. 

"  3.  Too  long  an  adherence  to  the  opposition 
to  her  right  of  laying  protecting  duties.    This  I 
might  have  been  given  up  as  soon  as  the  a.-t  of 
1825  passed.    These  are  the  causes  assigned  foi 
the  late  measure  adopted  towards  the  United  ] 
St'ites  on  that  subject  5  and  they  have,  lui- 
d  jubtedly,  had  a  decisive  eifect  as  far  as  relates  j 
to  the  order  in  council,  assisted  as  they  were 
by  the  belief  that  our  object  was  to  compel  this 
country  to  regulate  the  trade  upon  our  own  | 
tyrms." 

This  was  a  passage  in  the  unpublished  part 
of  that  dispatch,  and  it  shows  itself  to  be  the 
original  from  which  Mr.  Van  Buren  copied,  sub- 
stituting the  milder  term  of  assailable"  where 


ANNO  1832.     ANDREW  JACKSON,  rRFSIDI'NT. 


217 


\|r.  GalUtin  had  applied  that  of  "  vulnerable " 
{jjlr,  Adams'n  administration.     DoubtlcHS  tlie 
fntoiitj*  of  that  dispatch,  in  this  particular, 
,ori'  oiitircly  forgotten  \>y  Mr.  Clay  at  the  time 
l^  8|)oke  against  Mr.  Van  Rurcn,  having  been 
1  riwiveJ  by  him  above  fjur  years  before  that 
lime.    They  were  probably  as  little  known  to 
the  rest  of  the  opposition  senators  as  to  our- 
^.|re.s ;  and  the  omission  to  communicato  and 
nrint  them  could  not  have  occurred  from  any 
iiign  to  suppress  what  was  material  to  the 
ixbate  in  the  Senate,  as  the  communication  and 
.Tinting  had  taken  place  long  before  this  occa- 
tion  of  using  the  document  had  occurred. 
The  way  I  came  to  the  knowledge  of  this 
omitted  paragraph  was  this :   When  engaged 
upon  tlie  chapter  of  his  rejection,  I  irrote  to 
jlr.  Van  Buren  for  his  view  of  the  case ;  and 
U  s<nt  mo  back  a  manuscript  copy  of  a  speech 
irhich  he  had  drawn  up  in  London,  to  be  de- 
!;rere(l  in  New-York,  at  some  "  public  dinner," 
Thich  his  friends  could  get  up  for  the  occasion ; 
lit  which  he  never  delivered,  or  published, 
partly  from  an  indisposition  to  go  into  the 
neifspapera  for  character — much  from  a  real 
torbcarance  of  temper — and  possibly  from  see- 
ing, on  his  return  to  the  United  States,  that  ho 
ras  not  at  all  hurt  by  his  fall.    That  manu- 
script speech  contained  this  omitted  extract, 
1 1  trust  that  I  have  used  it  fairly  and  benefi- 
I  cially  for  the  right,  and  without  Invidiousness  to 
tiie  wrong.    It  disposes  of  one  point  of  attack ; 
but  the  gentlemen  were  wrong  ia  their  whole 
broad  view  of  this  British  West  India  trade 
question.  Jackson  took  the  Washington  ground, 
lad  he  and  Washington  were  both  right.    The 
eajoyment  of  colonial  trade  is  a  privilege  to  be 
solicited,  and  not  a  right  to  be  demanded ;  and 
I  tbe  terms  of  the  enjoyment  are  questions  for 
mother  country.     The  assailing  senacors 
I  were  wrong  again  in  making  the  instructions  a 
matter  of  attack  upon  Mr.  Van  Buren.    They 
I  were  not  his  instructions,  but  President  Jack- 
I  fon's.  By  the  constitution  they  were  the  Presi- 
I  dent's,  and  the  senators  derogated  from  that 
I  instrument  in  treating  his  secretary  as  their 
I  author.    The  President  alone  is  the  conductor 
■of  our  foreign   relations,  and  the  dispatches 
Iti^ed  by  the  Secretaries  of  State  only  have 
jtbrce  as  coming  from  him,  and  are  usually  au- 
Itbenticated  by  the  formula,  "  /  am  instructed 
Vtj  the  President  to  ecu/,'"  &c,  &c.    It  was  a 


constitutional  blunder,  then,  in  the  ki  nators  ta 
treat  Mr.  Van  liurcn  as  the  author  of  tht's«>  in. 
structions ;  il  was  also  an  error  in  jmint  o/fnct. 
(Jeneral  Jack.t<jn  himself  f<]H'ciiilly  din'ctiil 
t?  A  ;  and  so  authorized  (ienenil  Smith  to 
utclnre  in  the  Senate — which  he  did. 

lireaking  up  the  cabinet,  and  niukitig  ilisx-n- 
Bion  between  General  Jackson  and  Mr.  Cal- 
houn, was  the  second  of  the  allifrntioiis  against 
Mr.  Van  Buren.  KepuUed  as  this  accuciitiou 
has  been  by  the  character  ot  Mr.  Van  Buren, 
and  by  the  narrative  of  the  "  E.\po»ition,"  it  has 
yet  to  receive  a  further  and  most  authoritative 
contradiction,  from  a  source  which  admits  of 
no  cavil — from  General  Jackson  himself— in  a 
voluntary  declaration  made  after  that  event 
had  passed  away,  and  when  juHtice  alone  re- 
mained the  solo  object  to  bo  accomplished.  It 
was  a  statement  addressed  to  "Martin  Van  Bu- 
ren, President  of  the  United  States,"  dated  at 
the  Hermitage,  July  31st,  18-10,  and  ran  in 
these  words : 

"  It  was  my  intention  as  soon  as  I  heard  that 
Mr.  Calhoun  had  cxpr-'ssed  his  approbation  oi 
the  leading  measures  of  your  administration, 
and  had  paid  you  a  visit,  to  place  in  your  pos- 
session the  statement  which  I  sliiill  now  make  j 
but  bad  health,  and  the  pressure  of  other  busi- 
ness have  constantly  led  mo  to  postpone  it. 
What  I  have  reference  to  is  the  imputation  that 
has  been  sometimes  thrown  upon  you,  that  you 
had  an  agency  in  producing  the  controversy 
which  took  place  between  Mr.  Calhoun  and  my- 
self, in  consequence  of  Mr.  Crawford's  disclosure 
of  what  occurred  in  the  cabinet  oi  Sir.  Monroe 
relative  to  my  military  operations  in  Florida 
during  his  administration.  !Mr.  Calhoun  is 
doubtless  a'ready  satisfied  that  he  did  you  in- 
justice in  holding  you  in  the  slightest  degree 
responsible  for  the  course  I  pursued  on  that  oc- 
casion :  but  as  there  may  bo  others  who  may 
still  be  disposed  to  do  you  injustice,  and  who 
may  hereafter  use  the  circumstance  for  the  pur- 
pose of  impairing  both  your  character  and  his, 
I  think  it  my  duty  to  place  in  your  possession 
the  following  emphatic  declaration,  viz. :  That 
I  am  not  aware  of  your  ever  saying  a  word  to 
me  relativa  to  Mr.  Calhoun,  which  had  a  ten- 
dency to  create  an  interruption  of  my  friendly 
relations  with  him: — that  you  were  not  conr 
suited  in  any  stage  of  the  correspondence  on 
the  subject  of  his  conduct  in  the  cabinet  of  Mr. 
Monroe  ; — and  that,  after  this  correspondence 
became  public,  the  only  sentiment  yuu  ever  e.r- 
pressed  to  me  about  it  was  that  of  deep  regret 
that  it  should  have  occurred.  You  are  at  lib- 
erty to  show  this  letter  to  Mr.  Calhoun  and 
make  what  other  use  of  it  you  may  think 


;/ 


:'  ;j' 


* 

,'f 

'         1 

1 

r':%\ 

'    1 

^•1  ■ 

'■:  'lii' 

..    ''      '•'  ■ 

218 


THIItTV  YKAIW  VIEW. 


firo|KT  for  (III'  iMir[K)sc  of  cnrrcctinp  the  orro- 
iHKii.H  iiii|in>.sii)ii.s  whiili  Imvc  pnvailol  on  thw 

hubjtTt." 

A  ti'.-itiiiiDiiy  iiiorc'  lioiiorulilu  tliaii  this  in  \tc- 
half  of  u  itublic  man,  was  never  delivereil,  nor 
'luc  more  eompletely  (h.^jirovin;;  a  <ii.-lioiiorahle 
inii)utation,  ami  showing  that  j>rai.so  won  due 
wJiire  ccnsuro  liail  btrn  lavished.  Mr.  Van 
liiiren  was  not  tlio  canse  of  breaking  up  thu  cabi- 
net, or  of  making  dissension  between  old  friends, 
or  of  raking  up  the  buried  event  in  Mr.  Monnjc's 
cabinet,  or  of  injuring  Mr.  Calhoun  in  any  way. 
Yet  this  testimony,  so  honorable  to  !iim,  wns 
never  given  to  the  public,  thongli  furnished  for 
the  purpose,  and  now  appears  for  the  first  time 
in  print. 

Equally  erroneous  was  the  assumption,  taken 
for  granted  throughout  the  debate,  and  so  exten- 
sively and  deeply  impressed  upon  the  public 
mind,  that  Mr.  Calhoun  was  the  uniform  friend 
of  General  Jackson  in  the  election — his  early 
supporter  in  the  canvass,  and  steadfast  adherent 
to  the  end.  This  assumption  has  been  rebutted 
by  Mr.  Calhoun  himself,  who,  in  his  pamphlet 
against  General  Jackson,  shows  that  he  was  for 
himself  until  withdrawn  from  the  contest  by 
Mr.  Dallas  at  a  public  meeting,  in  Philadelphia, 
in  the  winter  o'  1823 — 4;  and  after  that  was 
fjeifoctly  neutral.  His  words  are :  "  IVhen  my 
name  was  withdrawn  from  Ihe  list  of  presi- 
dential caii'lidates,  I  assumed  a  perfectly  ven- 
tral position  between  Gen,  Jackson  and  Mr. 
Adams."  This  clears  Mr.  Van  Buren  again,  as 
he  could  not  make  a  breach  of  friendship  where 
none  existed,  or  supplant  a  supporter  where 
there  was  no  support :  and  that  there  was  none 
from  Mr.  Calhoun  to  Gen.  Jackson,  is  now  au- 
thentically declared  by  Mr.  Calhoun  himself. 
Yet  this  head  of  accusation,  with  a  bad  motive 
assigned  for  it,  was  most  perseveringly  urged 
by  his  friends,  and  in  his  presence,  throughout 
the  whole  debate. 

Introducing  the  "  New-York  system  of  pro- 
scription" into  the  federal  government,  was  the 
last  of  the  accusations  on  which  Mr.  Van  Bu  • 
rcn  was  arraigned ;  and  was  just  as  unfounded 
as  all  the  rest.  Both  his  temper  and  his  judg- 
ment was  against  the  removal  of  faithful  o£B- 
cers  because  of  difference  of  political  opinion,  or 
even  for  political  conduct  against  himself — as 
the  whole  tenor  of  his  conduct  very  soon  after, 
and  when  he  became  President  of  the  United 


St»to»",  abundantly  showtMl.  The  dcpartimnti 
at  Wanliington,  and  some  i)nrt  of  every  Sttto  in 
the  I'nion,  gave  proofs  of  his  forU-nranr-e  in  thi< 
particular. 

1  have  alreaily  told  that  I  did  not  i.^,..\ 
in  the  debate  on  the  nomination  of  .Mr.  Van 
IJuren ;  and  this  silence  on  such  an  occasion  niav 
require  explanation  from  a  man  who  docs  mit 
desire  the  character  of  neglecting  a  friind  in  n 
pinch.  I  had  strong  reasons  for  that  abslincncv, 
and  they  were  obliged  to  be  strong  to  iimdinv 
it.  I  was  opposed  to  Mr.  Van  Buren's  goin^  to 
England  as  minister.  lie  was  our  intended  can- 
didate for  the  Presidency,  and  1  deemed  Kudi  a 
mission  to  be  prejudicial  to  him  and  the  partv 
and  apt  to  leave  us  with  a  candidate  wcakentil 
with  the  people  by  ab.senco,  and  by  a  residence 
at  a  foreign  court.  I  was  in  this  state  of  mind 
when  I  saw  the  combination  formed  against 
him,  and  felt  that  the  success  of  it  would  lie  Iiis 
and  our  salvation.  Rejection  was  a  bitter  medi- 
cine, but  there  was  health  at  the  bottom  of  tlio 
draught.  Besides,  I  was  not  the  guardian  of 
Messrs.  Clay,  Webster,  and  Calhoun,  nnd  wiis 
quite  willing  to  see  them  fall  into  the  pit  which 
they  were  digging  for  another.  I  said  nothing' 
in  the  debate ;  but  as  soon  as  tho  vote  was  over 
I  wrote  to  Mr.  Van  Burcn  a  very  plain  letter, 
onl}'  intended  for  himself,  and  of  which  I  kcjt 
no  copy ;  but  having  applied  for  the  original  for 
use  in  this  history,  he  returned  it  to  me,  on  the 
condition  that  I  should  tell,  if  I  used  it,  that  in 
a  letter  to  General  Jackson,  ho  characterized  it 
as  "  honest  and  sensible."  Honest,  I  knew  it 
to  be  at  the  time ;  sensible,  I  believe  the  event 
has  proved  it  to  be  ;  and  that  there  was  no  mis- 
take in  writing  such  a  letter  to  Mr.  Van  Burcn, 
has  been  proved  by  our  subsequent  intercourse. 
It  was  dated  January  28,  1832,  and  I  subjoin  it 
in  fi'ill,  as  contemporaneous  testimony,  and  as  an 
evidence  of  the  independent  manner  in  which  I 
spoke  to  my  friends— even  those  I  was  endeavor- 
ing to  make  President.    It  ran  thus : 

"  Y'our  faithful  correspondents  will  have  in- 
formed you  of  the  event  of  the  25th.  Nobody 
would  believe  it  hero  until  after  it  happened,  but 
the  President  can  bear  me  witness  that  I  pr^ 
pared  him  to  expect  it  a  month  ago.  The  public 
will  only  understand  it  as  a  politiml  movement 
against  a  rival ;  it  is  right,  howeverj  that  you 
should  know  that  without  an  auxiliary  cause 
the  political  movement  against  you  would  not 
have  succeeded.    Thero  were  gentlemen  votmg 


ANXO  isai.     ANIMIKW  J.U'KSON.  rmislUKNT. 


•J  ID 


iiin>t  you  who  wouM  not  hivp  donr  so  except 
.  -a  ri'iisDii  which  wiis  stronit  nnil  rn'nr  in  tluir 

;vn  tnin'l'.  uml  whit'l:  (it  wnulil  Ih'  ini|ini|MT  to 
,,,<5t'iiilili ,)  '!'<■*  Iiiirt  yiiii  in  thu  i-stiniiition  of 
..iiiy  cJiinhd  nniJ  (hsintin'stid  iK-dplf.  Alter 
..iviii^:  thi-t  miu'li,  I  must  nlso  nay,  tlint  I  I'xik 
,;[mii  tliii*  litii'l  oCohjirtion  as  ti-niiiorary,  dyinjt 

It  '/  ilsilf,  and  to  Ih?  Hwallowfd  up  in  the 
,  irri'iit  and  accnnMiliilinp;  topies  of  the  day. 
V,iii  d'Hihtless  know  wluit  is  ijest  for  yonrnelf, 
;,;;  i  it  dot'8  Hot  iK'como  Hic  to  Hiako  HUtri^'Htions  ; 
l,it  for  myself,  when  I  find  mvsflf  on  the  hriilj^c 
oi'Lodi.  I  neitlior  nfop  to  parley,  nor  turn  liack 
to  start  again.  Forwanl,  is  the  word.  Some 
Kiv.  make  you  povernor  of  New- York  ;  I  say, 
voii  have  Ijeen  povernor  before :  that  is  turninp 
kick.  SoTno  Pay,  conio  to  tlio  Senate  in  place 
of  .>*mc  of  your  friends;  I  say,  that  of  it.self  will 
lie  nnly  parleying  with  the  enemy  .yhile  on  the 
iiiiddlo  of  the  bridge,  and  receiving  their  fire. 
Thu  vice-presidency  is  the  oidy  thing,  and  if  a 
pliicc  in  the  Senate  can  be  coupled  with  the  trial 
lor  th»t,  then  a  idnce  in  the  Senate  might  be 
de:'irablc.  The  Baltimore  Convention  will  meet 
in  tlie  month  of  May,  and  I  presume  it  will  bo 
in  the  discretion  of  your  immediate  fi'iends  in 
New-York,  and  your  loading  friends  here,  to 
have  you  nominated ;  and  in  all  that  atlair  I 
think  you  ought  to  be  passive.  'For  Vice- 
Iteident,' on  the  JaAson  ticket,  will  identify 
vou  with  him;  a  few  c,  rdinal  principles  of  the 
l,iij  democratic  school  might  make  you  worth 
contending  for  on  your  own  account.  The  dy- 
nistv  of  ".t8  (the  federalists)  has  the  Bank  of 
the  I'uitcd  States  in  its  interest ;  and  the  Bank 
of  the  United  States  has  drawn  into  its  vortex. 
and  wields  at  its  pleasure,  the  whole  high  taritt 
iind  federtil  internal  improvement  party.  To  set 
up  for  yourself,  and  to  raise  an  interest  which 
can  unite  the  scattered  elements  of  a  nation, 
you  will  have  to  take  positions  which  are  visible, 
and  represent  principles  which  are  felt  and  un- 
derstood; you  will  have  to  separate  yourself 
from  the  enemy  by  partition  lines  which  the 
inoplecivnsee.  'The  dyna.sty  of '08  (federalists)^ 
tiie  Bank  of  the  United  States,  the  high  taritt 
party,  the  federal  internal  improvement  party, 
are  against  you.  Now,  if  you  are  not  against 
them,  the  people,  and  myself,  as  one  of  the  pco- 
\k.  can  see  nothing  between  you  and  them 
\iorth  contending  for,  in  a  national  point  of 
view.  This  is  a  very  plain  letter,  and  if  you 
don't  like  it,  you  will  throw  it  in  the  fire  ;  con- 
sider it  as  not  having  been  written.  For  myself, 
1  mean  to  retire  upon  my  profession,  while  I 
liave  mind  and  body  to  pursue  it ;  but  I  wish 
to  see  the  right  principles  prevail,  and  friends 
instead  of  foes  in  power." 

The  prominent  idea  in  this  letter  was,  that 
tlio  people  would  see  the  rejection  in  the  same 
Hght  that  I  did — as  a  combination  to  put  down 
a  rival — as  a  political  blunder — and  that  it 
would  work  out  the  other  way.    The  same  idea 


prcvailcfl  in  England.  On  the  <  v«  nln.'  i-f  thi> 
day,  tin  the  morning  of  which  all  the  I,iiih|i>ii 
newxpajHTs  heralded  the  njection  of  the  Aiinri- 
nin  milliliter,  ihcre  wn.i  n  gnat  party  at  Prince 
Tul  ley  rami'.-' — then  tlic  n  priM'ntiiti\e  iit  the 
British  court,  of  the  new  Kingnf  the  French, 
Louis  IMiillipiH".  Mp.  Van  liiinii,  nhvnys  mas- 
ter of  himself,  and  of  all  the  prnpriftics  of  his 
jwisition,  was  there,  as  if  nothing  had  liiipi«iiiil ; 
and  received  distinguished  attentions,  and  tmu- 
pllmentary  allusiuns.  Lord  Aiikland,  grandsou 
to  the  Mr.  Eden  who  was  one  of  the  Commis- 
sioners  of  Conciliation  sent  to  us  at  the  In-gin- 
ning of  the  revolutionary  troubles,  said  to  him, 
"It  is  an  advantage  to  a  jjublic  man  to  bo  the 
subject  of  an  outrage" — a  remark,  wise  in  itself, 
and  prophetic  in  its  apjdicntion  to  the  person  to 
whom  it  was  addresse<l.  He  came  home — appa- 
rently gave  himself  no  trouble  about  what  had 
happened — was  taken  up  by  the  people — elect- 
ed, successively,  Vice-President  and  I'resident — 
while  none  of  those  combined  against  him  ever 
attained  either  position. 

There  was,  at  the  time,  some  doubt  among 
their  friends  as  to  the  policy  of  the  rejection , 
but  the  three  chiefs  were  positive  in  their  belief 
that  n  senatorial  condemnation  would  be  ])oliti' 
cal  death.  I  heard  Mr.  Calhoun  say  to  one  of 
his  doubting  friend.%  "It  will  kill  him,  sir,  kill 
him  dead.  Ho  will  never  kick  sir,  never  kick ; " 
and  the  alacrity  with  which  he  gave  the  casting 
votes,  on  the  two  occasions,  both  vital,  on  which 
they  were  put  into  his  lianils,  attested  the  sin- 
cerity of  his  belief,  and  his  readiness  for  the 
work.  How  tho.se  tie-votes,  for  there  were  two 
of  them,  came  to  hapjK'n  twice,  "  hand-running," 
and  in  a  case  so  important,  was  matter  of  marvel 
and  speculation  to  the  public  on  the  outside  of 
the  locked-up  senatorial  door.  It  was  no  mar- 
vel to  those  on  the  inside,  who  saw  how  it  was 
done.  The  combination  had  a  supci'lluity  of 
votes,  and,  as  Jlr.  Van  Buren's  friends  were 
every  one  known,  and  would  sit  fast,  it  only  re- 
quired the  superQuous  votes  on  one  side  to  go 
out ;  and  thus  an  equilibrium  between  the  two 
lines  was  established.  When  all  wa.s  finished, 
the  injunction  of  secrecy  was  taken  off  the  pro- 
ceedings, and  the  dozen  set  speeches  delivered  in 
secret  session  immediately  published — which 
shows  that  they  were  delivered  for  effect,  not 
upon  the  Senate,  but  upon  the  public  mind. 
The  whole  proceeding  illustrates  the  impolicy, 


I  1    I 


ii 


>3: 


Hi-- 


".-■■ 

■     J  ;, 


220 


TiriKTY  YF.AItS*  VIKW. 


M  Wfll  an  iK'ril  to  thcnist'lvcti,  of  rival  pulilif  invt-nti-d  liy  «  Scotch  l)ankiT  of  AUriliTn.  w| , 
nun  Kittin;;  in  jinl;.'in<'nt  iiinm  cndi  other.  nrnl  i  inHii<<l  notcn  pnyolilc  in  London,  nlw»yj  ,/ 
curifM  n  wiirniiij;  iiloii;,'  witli  it  which  Khoiiiil  [  Hnmll  (iciioniinnlionH,  that  noh(Hly  nhoiiM  t.ii, . 
not  111'  lo.it.  !  tht  in  up  to  London  for  redemption.    The  Itmr 

Ah  im  event  ullicl in).'  thi'  most  eminent  piihlic  of  Irehmd  foeinjc  what  a  pretty  way  it  Ma,  ,,, 
nun  of  the  dny,  nnd  connecting  itMlf  with  the  '  iwHiu)  luden  wliich  tlioy  could  not  pmctimlly  »,. 
Kellliiiienl  of  one  of  our  important  fon-ipi  com- 1  compelled  to  |>ay,  adopt«<l  thcsiime  trici<      ij,,. 


niereial  ((uestioiiN — as  beIon;.'inff  to  hixtory,  anil 
uireiuly  cikri'ied  into  it  hy  the  M'liatoriul  debatcH 
— iiM  a  key  to  unlock  the  nieanin;?  of  other  con- 
duct— T  deem  this  nosount  of  the  iikjection  of 
Mr.  Van  Huren  a  necesfary  appendage  to  tlie 
settlement  of  the  Uritifdi  West  India  trade  ques- 
tion— as  an  act  of  justice  to  (ieneral  Jackson's 
ndministrntion  (the  wliole  of  wliich  was  involved 
in  the  censure  then  cast  upon  his  Secretary  of 
State),  and  asasunlK>am  to  illuminate  the  laby- 
rintii  of  otlier  less  paljiablo  concatenations. 


CHAP  TEH     LX. 

B.VNK   OF   TIIF.    UMTKI)   8T.\  I  r:S— ILLEGAL  AND 

Villous  cui!Ui;m;y. 

In  his  first  annual  message,  in  the  )-car  1829, 
President  Jackson,  besides  calling  in  question  the 
unconstitutionality  and  general  expediency  of  the 
Bank,  also  stated  that  it  had  failed  in  furnish- 
ing a  uniform  currency.  That  declaration  was 
greatly  contested  by  the  Bank  and  its  advocates, 
and  I  felt  myself  bound  to  make  an  occasion  to 
show  it  to  bo  well  founded,  and  to  a  greater  ox- 
tent  than  the  President  had  intimated.  It  had 
in  fact  issued  an  illegal  and  vicious  kind  of  paper 
— authorized  it  to  be  issued  at  all  the  branches 
— in  the  shape  of  drafts  or  orders  payable  in 
Philadelphia,  but  voluntarily  paid  whore  issued, 
and  at  all  the  branches ;  and  so  made  into  a 
local  currency,  and  constituting  the  mass  of  all 
its  paper  seen  in  circulation ;  and  as  the  great- 
est quantity  was  usually  issued  at  the  most  re- 
mote and  inaccessible  branches,  the  payment  of 
the  drafts  were  well  protected  by  distance  and 
difficulty ;  and  being  of  small  denominations, 
loitered  and  lingered  in  the  hands  of  the  labor- 
'ng  people  until  the  "  wear  and  tear  "  became  a 
large  item  of  gain  to  the  Bank,  and  the  diflSculty 
of  presenting  them  at  Philadelphia  an  effectual 
bar  to  their  payment  there.  The  origin  of  this 
iind  of  currency  was  thus  traced  by  me :  It  was 


the  KiigliKh  country  bankers  followed  thi>  i\. 
am4)le.  But  their  career  was  short.  The  Hn,. 
ihh  parliament  took  hold  of  the  fraud.  aii>l  ^M^ 
|)resKcd  it  in  the  three  kingdoms.  Tli;it  imrli.!. 
mcnt  would  tolerate  no  currency  issued  m  ,,,_^, 
place,  and  payable  at  another. 

""he  mode  of  proceeding  to  pet  at  the  qucstlnii 
of  this  vicious  currency  was  the  same  as  that 
pursued  to  get  at  the  question  of  the  iion-rc 
newal  of  the  charter — namely,  an  oiiplicati,,), 
for  leave  to  bring  in  a  joint  resolution  dfclariiii' 
it  to  1)0  illegal,  and  ordering  it  to  bo  supprcsstd. 
ond  in  asking  that  leave  to  give  the  reasons  for 
the  motion:  which  was  done,  in  a  spctch  if 
which  the  following  are  some  pai .   : 

"  Mr.  Benton  ro.«e  to  ask  leave  to  bring  in  his 
promised  resolution  on  the  state  of  the  curri'n('\ . 
lie  said  he  had  given  his  notice  for  the  liavu  ln^ 
was  about  to  ask,  without  concerting  or  consult. 
ing  with  any  member  of  the  Senate.  The  olji,,.t 
of  his  resolution  was  judicial,  not  political;  aii<i 
he  had  treated  the  senators  not  as  coiin8elk>is, 
but  as  judges.  He  had  conversed  with  no  ono, 
neither  friend  nor  adversary ;  not  through  con^ 
tempt  of  counsel,  or  fear  of  opposition,  hut  fioui 
a  just  and  rigorous  regard  to  decorum  and  pro- 
priety. Ilia  own  opinion  had  been  made  up 
through  the  cold,  unadulterated  process  of  legal 
research ;  and  he  had  done  nothing,  and  wouW 
do  nothing,  to  prevent,  or  hinder,  any  other  stna- 
tor  from  making  up  his  opinion  in  the  same 
way.  It  was  a  case  in  which  politics,  esjifciailv 
partisan  politics,  could  find  no  place ;  and  in  thu 
progress  of  which  every  senator  woiild  feel  him- 
self retiring  into  the  judicial  office — becomini; 
one  of  the  judicea  aelecti — and  searching  into 
the  stores  of  his  own  legal  knowledge,  for  the 
judgment,  and  the  reasons  of  the  judginent, 
which  he  must  give  in  this  great  cause,  in  which 
a  nation  is  the  party  on  one  side,  and  a  grat 
moneyed  corporation  on  the  other.  He  [Mr.  b,| 
believed  the  currency,  against  which  his  resolu- 
tion was  directed,  to  be  illegal  and  dangerous; 
and  so  believing,  it  had  long  been  his  determina- 
tion to  bring  the  question  of  its  legality  before 
the  Senate  and  the  people;  and  that  without  re- 
gard to  the  powerful  resentment,  to  the  effect- 
of  which  he  might  be  exposing  himself.  He  ha! 
adopted  the  form  of  a  declaratory  resolution,  be- 
cause  it  was  intended  to  declare  the  true  scm 
of  the  charter  upon  a  disputed  point.  He  mailu 
his  resolution  joint  in  its  character,  that  it  might 


instruction,  in  an 


ANNO  \»^^    ANDREW  JACKSON.  n:J>II»F.NT. 


L^21 


li^fP  thi'nrtiiin  of  lioth  IIoiimcm  nrConim'w*!  itnii 
t.nicli'  ii>  itx  ul>J^°*^'i  *'•■(  tl>*'  >■>'"■>  •lt'!*>l>rn  irii)(ht 
i;.:t  Ik'  I'inlinrrBMttil   with   iiiinor   |iri'|»<)HitM>ii»<. 
])ii'  fiirni  of  till'  n-Noliition  iittw  liiiii  u  rixlit  to 
iialv  lii^  ri'AfiotiM  for  aNkini;  Ivavv  to  liriiiK  it  in ; 
ilic  ii«|>ort«iu*u  of  it  n><|iiiriii  those  r('nM)iiMto  l>o 
rli«rl.v  Mtatud.     Tho  Si'tmtt>,  also,  lia.s  itH  ri(;hts  i 
,11,1  its  <lutic>s.     It  ia  thu  rifclit  of  (hu  St'iiati-  and  I 
lliiusi-  of  lU'piTM'ntativi'M,  as  (ho  foiimli-r  of  the 
l„iili  t(tr|Hiration,  to  examine  into  the  n-jjuhirity  , 
of  its  |ir<M'ee<linp<,  ami  to  take  rocnizenco  of  the  i 
nilrai'tions  uf  itH  charter ;  and  tliiri  ri^ht  hiut  he-  j 
(1,1110  i»  duty,  sinco  thu  very  trihunid  Helected  \ty 
•>' I'iiiirter  to  try  these  infractiunH  had  tried  this 
KTY  (|iic'Stion.  ami  that  without  tlie  formality  uf 
I  fcirr  Jiician  or   tho  pix'seiico  of  the  atlverse 
l«rty,  and  hud  jriven  judgment  in  favor  of  the  cor- 
uirntion ;  a  deeiHion  wliich  ho  [Mr.  li.J  wa^coni- 
Klhl,l»y  thestronnestconvictionsofhisjudj^iuent, 
lu  consider  l>oth  ax  cxtrnjudicial  and  erroneous. 

"The  resolution,  continued  Mr.  B.,  which  I  am 
L-kiii);  leave  to  bring  in,  cxpresMCB  itH  own  ob- 
i^tt.  It  declares  against  tho  legality  of  these 
npliTs, AS  A  ciitHENt V.  It is tlic currency  which 
1  «rrai|.'n.  I  make  no  inquiry,  for  1  will  not  om- 
harrass  my  subject  with  irrelevant  and  inima- 
urial  in(|uirics — I  make  no  inquiry  into  the 
modes  of  contract  and  payment  which  are  pcr- 
iniitcd.  or  not  permitted,  to  the  Bank  of  the 
United  States,  in  tho  conduct  of  its  private  dcal- 
in.'saml  individual  transactions.  My  business 
liis  with  tho  currency  ;  for,  between  public  cur- 
rwicy  and  private  dealings,  the  charter  of  tho 
liaiiii  has  made  a  distinction,  and  that  founded 
ill  the  nature  of  things,  as  broad  as  lines  can 
draw,  and  as  clear  as  words  can  express.  The 
currency  concerns  the  public ;  and  the  soundness 
of  timt  currency  is  taken  imder  the  parti<i\ilHl 
!.'uai"diaiiship  of  the  charter ;  a  special  c  ■  lo  of  law 
is  ciiicted  for  it :  private  dealings  coHcern  indi- 
villllal^ :  and  it  is  for  individuals,  in  makin;  their 
lianjains.  to  take  care  of  their  own  nilerests. 
Till'  chnrtcr  of  the  Bank  of  the  United  States  has 
authorized,  but  not  rcgulatt'^1,  cetHain  private 
(lealin,!^  of  the  bank ;  it  is  full  »nd  explicit  upon 
tlie  rcjrulation  of  currency.  Ipon  this  distinc- 
tion 1  take  my  stand.  1  establish  myself  upon 
tlie  broad  and  clear  distinction  which  reason 
mitkes,  and  the  charter  sanctions.  I  arraign  the 
oiirrency !  I  eschew  all  inquiry  into  the  modes 
of  making  bargains  for  tho  sale  or  purchase  of 
bills  of  exchange,  buying  and  selling  gold  or  sil- 
ver bullion,  building  houses,  hiring  otticers,  clerks. 
and  servants,  purchasing  necessaries,  or  laying 
in  supplies  of  fuel  and  stationery. 

''  1.  I  object  to  it  because  it  authorizes  an  is- 
sue q/cM/rency  wpon  conatmtction.  The  issue 
of  currency,  sir,  was  the  great  and  main  business 
for  which  the  bank  was  created,  and  which  it  is, 
in  the  twelfth  article,  expressly  authorized  to 
perform ,  and  I  cannot  pay  so  poor  a  compliment 
tu  the  understandings  of  the  eminent  men  who 
framed  that  charter,  as  to  suppose  that  they  left 
the  main  business  of  the  bank  to  be  found,  by 
instruction,  in  an  independent  phrase,  and  that 


phraM>  to  bo  fouml  but  nnn<  in  the  wholi>  i-)mr- 
ter.  I  cannot  minpUnu-nt  tlirir  undi-rxtan>lin^'<« 
with  the  Hup|M)->iii<iii  (liiti,  ul'tcr  iin\ iiiu' aiitlmr- 
izetl  and  detiiuil  a  rurreiicy,  nnd  sidijtctt'd  it  In 
numerous  rotrietions,  tlicy  had  Icit  o|it'n  thu 
door  to  tho  i.xsiie  of  aii-ither  sort  of  euiii'iii  y, 
upon  construction,  whu-h  should  HU|M'rs(<te  thu 
kind  they  had  priscrilK-d,  and  liefrei-  from  every 
restriction  to  which  the  prescribetl cum ucy  was 
subji-ct. 

"  Ix't  US  rerapitulate.    Let  us  sum  up  (he  points 
of  incom|>atil)ility  U-tween  tho  charHcU-ristics  of 
this  cunency,  and  thu  requisites  of  the  charter  : 
lot  UR  group  and  contrast  tbo  fri^hdid  feuturi's 
of  their  llagrant  illegality.     I.  Aiv  (hey  signed 
by  the  president  of  the  bank  and  his  principal 
cashier  )     They  oro  not  I     'J.  Are  they    under 
tho  corporate  seal  ]    Not  at  all !     ;j.  Are  they 
drawn  in  tho  name  of  tho  coriM)ration  7     By  no 
means  I    4.  Aro  they  subject  to  the  double  lim- 
itation of  time  and  amount  in  case  of  credit  ? 
They  aro  not;   they   may  exceed  sixty   days' 
timu,  and  bo  loss  than  one  hundred  dollars !     .'). 
Aro  they  limited  to  tho  mininnim  size  of  live 
dollars  ?     Not  at  all !     0.  Aro  (hey  subject  to 
tho  8ui)crvision  of  the  Secretary  of  (he  Tix'usury  ? 
Not  in  the  least !    7.  Tho  prohibition  against 
susj)en(ling  K|H'cio   payments?    'J'liey   are   not 
subject  to  it !    8.  The  penalty  of  double  interest 
for  delayed  pavment  ?    Not  subject  (o  it !    '.•. 
Are  they  payable  whore  issued  ]    Not  at  all, 
neither  by  their  own  terms,  nor  by  any  law 
applicable  to  them  1     10.  Aro  they  payable  at 
other  branches  1    So  far  from  it,  that  they  were 
invented  to  avoid  such  payment  I     11.  Aro  they 
transferable    by  delivery  ?     No ;   by   indorse- 
ment 1     12.  Are  they  receivable  in  payment  of 
public  dues  ?     So  far  fronj  it,  that  they  are  twice 
excluded  from  such  payments  by  positive  enact- 
ments I     13.  Aro  tho  directors  liable  for  exces- 
sive issues  ?    Not  at  all !     14.  Has  the  holder  a 
right  to  sufc  at  the  branch  which  issues  the  order  1 
No,  sir,  he  has  a  right  to  go  to  Philadelphia,  and 
sue  the  directors  there !  a  right  about  equivalent 
to  tho  privilege  of  going  to  Mecca  to  sue  tho 
successors  of  Alahomet   for  tho  bones  of  tho 
prophet !     Fourteen  points  of  contrariety  and 
ditl'orcnce.     Not  a  feature  of  the  charter  m  the 
faces  of  thesf  orders.     Every  mark  a  contrast ; 
every  lineament  a  contradiction  ;  all  announcing, 
or  rather  doniHmcing,  '>  the  world,  the  positive 
fact  of  a  spurious  iiio<;eny;  tho  incontestable 
evidence  of  an  illegitiiiiite  and  bastard  issue. 

"I  have  now,  Mr.  l*resident,  brought  this 
branch  bank  curren<  _  to  the  test  of  several 
provisions  in  the  charter,  not  all  of  them,  but  a 
few  which  are  vital  and  decisive.  The  currency 
fails  at  every  test ;  and  upon  this  failure  I  pre- 
dicate an  argun-ent  of  its  total  illegality.  Thus 
far  I  have  spoken  upon  the  charter,  and  have 
proved  that  if  this  currency  can  prevail,  that 
instrument,  with  all  its  restrictions  and  limita- 
tions, its  jealous,  prohibitory  constitution,  and 
multiplied  enactments  for  the  safety  of  the  public, 
is  nothing  but  a  blank  piece  of  paper  iu  the  handa 


■1 


\v-- 


ooo 


THIRTY  YEARS'  VIEW. 


of  the  bank.  I  will  now  have  rt'ooiirf>e  to  another 
clnsM  of  aiyuinent;! — a  class  extrinsic  to  the  char- 
ter, Imt  close  to  the  Hulijort — indisjKiisalilc  to 
fair  examination.  an<l  directly  Iwarinp  upon  the 
ilk'fral  ciiaracter  of  this  currency. 

'"1.  In  the  first  place,  I  must  insist  that  these 
orders  cannot  possihly  serve  for  currency,  be- 
cause they  are  subject  to  the  law  of  indorsablc 
paper,  1"ho  law  which  governs  all  such  paper 
is  too  universally  known  to  be  enkirged  ui)on 
nere.  Presentation  for  acceptance  and  payment, 
notice  of  default  in  either,  prompt  return  of  the 
dishonored  paper;  and  all  this  with  rigorous 
l)unctuality,  and  a  loss  of  recourse  for  the  slight- 
est delay  at  any  point,  arc  the  leading  features 
of  this  law.  Now  it  is  too  obvious  that  no  paper 
subject  to  the  law  <A'  indorsement  can  answer 
the  purposes  of  circulation.  It  will  die  on  the 
hands  of  the  holders  while  passing  from  one  to 
another,  instead  of  going  to  the  place  of  pay- 
ment. Now  it  is  incontestable  that  these  orders 
are  instruments  negotiable  by  indorsement,  and 
by  indorsement  alone.  Whether  issued  under 
the  charter,  or  under  the  general  laws  of  the 
land,  they  are  still  subject  to  the  law  of  indors- 
ablc paper.  They  are  the  s.ime  in  either  case 
as  if  drawn  by  one  citizen  upon  another.  And 
this  is  a  point  which  1  mean  to  make  clear :  for 
many  worthy  people  believe  there  is  some  pe- 
culiar law  for  bank  paper,  which  takes  it  out  of 
the  operation  of  the  general  laws  of  the  land. 
Not  so  the  fact.  The  twelfth  fundamental  ar- 
ticle of  the  bank  constitution  declares  that  the 
bills  or  notes  to  be  issued  by  the  bank  shall  be 
negotiable  in  the  same  manner  as  if  issued  by  a 
private  person;  that  is  to  say,  those  payable  to 
a  named  person  or  his  order,  by  indorsement, 
in  like  manner  and  with  the  like  effect  as  foreign 
bills  of  exchange ;  and  those  made  p.ayable  to 
hearer  shall  be  negotiable  by  delicertj  alone  ; 
in  the  same  manner,  we  may  add,  as  a  silver 
dollar.  So  much  for  these  orders,  if  drawn  under 
the  charter ;  if  not  drawn  under  it,  they  are  then 
issued  under  the  general  law  of  the  land,  or  with- 
out any  law  at  all.  Taken  cither  under  the  charter 
or  out  ot  it,  it  comes  to  the  same  point,  namelj', 
that  these  orders  are  subject  to  the  same  law  as  if 
drawn  by  one  private  pcr.son  upon  another.  This 
is  enough  lo  lix  their  character,  and  to  condemn 
them  as  a  circulating  medium;  it  is  enough  for 
the  people  to  know ;  for  every  citizen  knows 
enough  of  law  to  estimate  the  legal  value  of  an 
■xnaccepted  order,  drawn  upon  a  man  five  hun- 
dred or  one  thousand  miles  off!  IJiit  it  has  the 
word  hearer  on  the  back !  Yes,  sir,  and  why 
not  on  the  face  as  easily  as  on  the  back  ?  Our 
school-time  acquaintance.  Mr.  President,  the 
gentleman  from  Cork,  with  his  coat  buttoned 
behind,  hail  a  sensible,  and,  I  will  add,  a  lawful 
reason  for  arraying  himself  in  that  grotesque 
habiliment ;  but  what  reason  can  the  bank  have 
for  putting  bearer  on  the  back  of  the  order, 
where  it  has  no  effect  upon  its  negotiable  cha- 
racter, and  omitting  it  on  the  face,  where  it 
would  have  governed  the  character,  and  secured 


to  the  holder  all  the  facilities  for  the  nrnmrii  1 
and  easy  recovery  of  the  contents  of  a  nu-x  I 
transferable  by  mere  delivery  ?    The  onlv  iffirt 
of  this  preposterous  or  cunning    imlorsi'nvnt  i 
miist  be  to  bamljoozle  the  ignorant — p,ir<lon  th^ 
low  word,  sir — to  bamboozle  the  ignorant  v,  ji),  1 
the  belief  that  they  are  handling  a  cnmncv 
which  may  at  any  time  be  collected  without 
proof,  trouble,  or  delay ;  while  in  n-ality  it  is  a  1 
currency  which  reeer^-es  to  the  bank  all  the  jepii 
defences  which  can  be  set  up  to  prevent  the  r<'. 
covery  of  a  parcel  of  old,  unaccepted,  unpresentui] 
unatithorized  bills  of  exchange. 

"  2.  I  take  a  second  exception  to  these  orders  i 
as  a  currency.    It  is  this,  that  being  once  paid 
they  are  done  with.    A  note  transferable  liy  1 
delivery,  may  be  reissued,  and  its  pav  meat  dJ- 
manded  again,  and  so  on  for  ever.    But  a  bill  of 
exchange,  or  any  paper  subject  to  the  same  law 
with  a  bill  of  exchange,  is  incapable  of  reissue  and 
is  payable  but  once.    The  payment  once  made, 
extinguishes  the  debt ;  the  paper  which  evidenced 
it  is  dead  in  law,  and  cannot  be  resuscitated  by  1 
any  act  of  the  parties.     That  payment  can  1* 
plead  in  bar  to  any  future  action.    This  law  j 
applies  to  checks  and  orders  as  well  as  to  bills  | 
of  exchange ;  it  applies  to  bank  checks  and  orders 
as  well  as  to  those  of  private  persons,  and  tliis 
allegation  alone  would  annihilate  every  preten- 
sion of  these  branch  bank  orders  to  the  character 
of  currency, 

"  The  bank  went  into  operation  with  the  tie- 
ginning  of  the  year  1817  ;  established  eighteen 
branches,  half  a  dozen  of  which  in  the  South 
and  West ;  issued  its  own  notes  freely,  and 
made  large  issues  of  notes  payable  at  all  tlie>e 
branches.  The  course  of  trade  carried  the 
branch  notes  of  the  South  and  West  to  the 
Northeast ;  and  nothing  in  the  course  of  trade 
brought  them  back  to  the  West,  They  were 
payable  in  all  demands  to  the  federal  govern- 
ment ;  merchants  in  Philadelphia,  New-York, 
and  Boston  received  them  in  payment  of  good^^j 
and  gave  them — not  back  again  in  payment  of 
Southern  and  Western  produce — but  to  the 
collectors  of  the  customs.  Become  the  money 
of  the  government,  the  bank  had  to  treat  theiii 
as  cash.  The  fourteenth  section  of  the  charter 
made  them  receivable  in  all  payments  to  the 
government,  and  another  clause  required  the 
bank  to  transfer  the  moneys  of  the  government 
to  any  point  ordered ;  these  two  clauses  (the 
transfer  clause  being  harmless  without  the  re- 
ceiving one  contained  in  the  fourteenth  section) 
laid  the  bank  under  the  obligation  to  cash  all 
the  notes  of  all  the  branches  wherever  present- 
ed ;  for,  if  she  did  not  do  it,  she  would  be  or- 
dered to  transfer  the  notes  to  the  place  where 
they  were  payable,  and  then  to  transfer  the  sil- 
ver to  the  place  where  it  was  wanted ;  and  both 
these  operations  she  had  to  perform  at  her  own 
expense.  The  Southern  and  Western  braneh 
notes  flowed  to  the  Northeast ;  the  gold  and 
silver  of  the  South  and  West  were  oi-dered  to 
follow  them ;  and,  in  a  little  while,  the  specie 


Tdicy !    Applicati< 


AX.VO  1832.     ANDREW  JACKSON',  mrSIDENT. 


,^  the  South  and  West  was  tranRferrcd  to  the 
.SurlliL'-ist ;  but  the  notes  wont  faster  on  hoi^-s 
IjiI  in  inuil  stapes  than  the  silver  could  go  m 
Jiurons ;  and  tlio  parent  Imnk  in  Philadelphia, 
siui  the  branches  in  New-York  and  lloston,  ex-  ■ 
hiustod  by  the  double  operation  of  providinp; 
f.r  tlicir  own,  and  for  tsouthem  and  Western 
branch  notes  besides,  were  on  tlic  point  of  stop- 1 
mf  payment  at  the  end  of  two  years.  Mr. 
Ciicves  then  came  into  the  prcsidencjr ;  ho  : 
.topped  the  issue  of  Southern  and  A\  estem 
iiniiich  paper,  and  saved  the  bank  from  insol- 
Tdicy !  AppHcation  was  then  made  to  Con- 
ltcss  to  repeal  the  fijurtcenth  section  of  the 
chart'T,  and  thus  relievo  the  bank  from  this 
obligation  to  cash  its  notes  every  w  here.  Con- 
rrf.M  refused  to  do  so.  Applicati-m  wiis  made 
at  the  same  time  to  repeal  a  part  <  the  twelfth 
fundamental  article  of  the  constitution  of  the 
banli.  for  the  purpose  of  relieving  the  president 
jnd  principal  cashier  of  tho  parent  bank  from 
the  labor  of  signing  the  five  and  ten  dollar 
iiott'3.  Congress  rejmed  that  application  also. 
And  here  every  thing  rested  while  Mr.  Cheves 
continued  president.  The  Southern  and  West- 
ern branches  ceased  to  do  business  as  banks ; 
ni)  bank  notes  or  bills  were  seen  but  those 
'  bearing  tho  signatures  of  the  president  and  his 
principal  cashiei^  and  none  of  these  payable  at 
Sjuthern  and  Western  branches.  The  profits 
uf  the  stockholders  became  inconsiderable,  and 
the  prospect  of  a  renewed  charter  was  lost  in 
the  actual  view  of  the  inactivity  and  uselessness 
of  the  bank  in  the  South  and  West.  Mr.  C  heves 
retired.  He  withdrew  from  an  iristitution  he 
had  saved  from  bankruptcy,  but  which  he  could 
not  render  useful  to  tho  South  and  W^est ;  and 
then  ensued  a  set  of  operations  for  enabling  the 
bank  to  do  the  things  which  Congress  had  re- 
fused to  do  for  it ;  that  is  to  say,  to  avoid  the 
operation  of  the  fourteenth  section,  and  so  much 
of  tiie  twelfth  fundamental  article  as  related  to 
tiie  signature  of  the  notes  and  bills  of  the  bank. 
Tiiese  operations  resulted  in  the  invention  of 
tlie  branch  hank  orders.  These  orders,  now 
tiooding  tho  country,  circulating  as  notes,  and 
considered  every  where  as  gold  and  silver  (be- 
cause they  are  voluntarily  cashed  at  seveml 
branches,  and  erroneously  received  at  every 
land  office  and  custom-house),  have  given  to 
the  bank  its  present  apparent  prosperity,  its 
temporary  popularity,  and  its  delusive  cry  of  a 
Bound  and  uniform  currency.  This  is  my  nar- 
rative ;  an  appalling  one,  it  must  be  admitted ; 
but  let  it  stand  for  nothing  if  not  sustained  by 
the  proof. 

•'I  have  now  established,  Mr.  President,  as  I 
trast  and  believe,  the  truth  of  tho  first  branch 
of  my  proposition,  namely,  that  this  currency  of 
branch  bonk  orders  is  unauthorized  by  tho 
charter,  and  illegal.  I  will  now  say  a  few  words 
in  support  of  tho  second  branch  of  the  proposi- 
tion, namely,  that  this  currency  ought  to  be 
Euppresscd. 

"The  mere  fact  of  the  illegality,  sir,  I  should 


hold  to  be  f;ufr\cicnt  to  justify  this  sup|)n'!5'<i(>n. 
In  a  country  of  laws,  tho  lawn  (*lii>nld  Iwj 
obeyed.  No  private  individual  (iliould  bi-  al- 
lowed to  trample  them  under  foot ;  nuich  K'sh 
a  ptiblic  man,  or  public  body  ;  least  ol'ixil,  a  prtut 
moneywl  corporation  wieldinj;  above  one  liun- 
drcd  million')  of  dollars  per  annum,  and  boUliy 
contending  \fith  the  federal  government  for  the 
sceptre  of  political  power — money  is  pnirer! 
The  Hank  of  the  United  States  possesses  more 
money  than  the  federal  government;  and  the 
question  of  power  is  now  to  be  decided  between 
them.  That  question  is  wrapi)ed  up  in  the 
case  before  you.  It  is  a  case  of  clear  conviction 
of  a  violation  of  the  laws  by  this  great  moneyed 
corporation ;  and  that  not  of  a  sinpie  statute, 
and  by  inadvertence,  and  ia  a  small  matter, 
which  concerns  but  few,  but  in  one  pcnernl, 
sweeping,  studied,  and  systematic  infraction  of 
a  whole  code  of  laws — of  an  entire  constitution, 
made  for  its  sole  government  and  restraint — nnd 
tho  pernicious  effects  of  which  enter  into  the 
revenues  of  tho  Union,  and  extend  themselves 
to  every  moneyed  transaction  between  man  and 
man.  This  is  the  case  of  violated  law  which 
stands  before  you;  and  if  it  goes  unpunished, 
then  do  I  say,  the  question  of  ])oliticul  power  is 
decided  between  the  bank  and  the  government. 
Tho  question  of  supremacy  is  at  an  end.  Let 
there  be  no  more  talk  of  restrictions  or  limita- 
tion in  tho  charter.  Grant  a  new  one.  Grant 
it  upon  the  spot.  Grant  it  without  words ! 
Grant  it  in  blank  I  to  save  the  directors  from  tho 
labor  of  re-examination !  the  court  from  the  labor 
of  constructions !  and  yourselves  from  tho  **^- 
radation  of  being  publicly  trampled  under  foot. 

"  I  do  insist,  Mr.  President,  that  this  currency 
ought  to  be  suppressed  for  illegality  alone,  even 
if  no  pernicious  coneequences  could  result  from 
its  circulation.  But  pernicious  consequences  do 
result.  Tho  substituted  currency  is  not  tho 
equivalent  of  tho  branch  bank  notes,  whose 
place  it  has  usurped:  it  is  inferior  to  those 
notes  in  vital  particulars,  and  to  the  manifest 
danger  and  loss  of  the  people. 

"  In  the  first  place,  these  branch  bank  orders 
are  iiot  payable  in  the  Ulatcs  in  which  Iheynre 
issued.  Look  at  them!  they  aro  nominally 
payable  in  Philadelphia !  Look  at  the  law ! 
It  gives  tho  holder  no  right  to  demand  their 
contents  at  the  branch  bank,  until  the  order  has 
been  to  Philadelphia,  and  returned.  I  lay  no 
stress  upon  the  insidious  circumstance  that  these 
orders  are  now  paid  at  the  branch  where  issued, 
and  at  other  branches.  That  voluntary,  delu- 
sive payment  may  satisfy  tho^e  who  are  willing 
to  swallow  a  gilded  hook ;  it  may  satisfy  those 
who  are  willing  to  hold  their  property  at  the 
will  of  the  bank.  For  my  part,  I  want  law  for 
my  rights.  I  look  at  tho  law,  to  the  legal 
rights  of  the  holder,  and  say  that  he  has  no 
right  to  demand  payment  at  the  brnnch  wliicli 
issued  the  order.  The  present  custom  of  paying 
is  voluntiiry,  not  compulsory  ;  it  dejienls  upon 
the  will  of  tiio  bank,  not  upon  law ;  and  nono 


../ 


1;;.; 


V 


■  < 


*  ,  ■•■{ 


»   '. 


224 


THIRTY  YEARS'  VIEW. 


but  twnintx  ran  require,  or  slaves  submit  to,  a 
tenuns  nt  will.  These  orders,  even  admitting 
them  to  Ixj  k-};al,  arc  only  payable  in  Philadel- 
phia ;  and  to  demand  payment  there,  is  a  delu- 
sive and  impracticable  ripht.  For  the  body  of 
the  citizens  cannot  go  to  Philadelphia  to  get  the 
change  for  the  small  orders ;  merchants  will  not 
remit  them ;  they  would  as  soon  carry  up  the 
firus  of  hell  to  Philadelphia ;  for  the  bank  would 
consign  them  to  ruin  if  they  did.  These  orders 
are  for  the  frontiers ;  and  it  is  made  the  interest 
and  the  policy  of  merchants  to  leave  them  at 
home,  and  take  a  bill  of  exchange  at  a  nominal 
premium.  IJrokcrs  alone  will  ever  carry  them, 
and  that  as  their  own,  after  buying  them  out  of 
the  hands  of  the  people  at  a  discount  lixed  by 
themselves. 

"  This  contrivance,  Mr.  President,  of  isstiing 
bank  paper  nt  one  place,  payable  at  another  and 
a  distant  place,  is  not  a  new  thing  under  the 
sun ;  but  its  success,  if  it  succeeds  here,  will  be 
a  new  thing  in  the  history  of  banking.  This 
contrivance,  sir,  is  of  European  origin.  It  began 
in  Scotland  some  years  ago,  with  a  banker  in 
Aberdeen^  who  issued  promissory  notes  paya- 
ble in  London.  Then  the  Bank  of  Ireland  set 
her  branches  in  Sligo,  Cork,  and  Belfast,  at  the 
same  work ;  and  they  made  their  branch  notes 
payable  in  Dublin.  The  English  country  bankers 
took  the  hint,  and  put  out  their  notes  payable 
in  l-ondon.  The  mass  of  these  notes  were  of 
the  smaller  denominations,  one  or  two  pounds 
sterling,  corresponding  with  our  five  and  ten 
dollar  orders;  such  as  were  handled  by  the 
laboring  classes,  and  who  could  never  carry 
them  to  London  and  Dublin  to  demand  their 
contents.  At  this  point  the  British  Imperial 
Parliament  took  cognizance  of  the  matter; 
treated  the  issue  of  such  notes  as  a  vicious 
practice,  violative  of  the  very  first  idea  of  a 
sound  currency,  and  particularly  dangerous 
to  the  laboring  classes.  The  parliament  sup- 
pressed the  practice.  This  all  happened  in  the 
year  1820;  and  now  this  practice,  thus  sup- 
pressed in  England,  Scotland,  and  Ireland,  is 
m  full  operation  in  our  America!  and  the  di- 
rectors of  the  Bank  of  the  United  States  are 
celebrated,  as  the  greatest  of  financiers,  for 
picking  up  an  illegal  practice  of  Scottish  origin, 
and  putting  it  into  operation  in  the  United 
States,  and  that,  too,  in  the  very  year  in  which 
it  was  suppressed  in  Great  Britain ! " 

Leave  was  not  given  to  introduce  the  joint 
resolution.  The  friends  of  the  bank  being  a 
majority  in  the  Senate,  refused  the  motion,  but 
felt  themselves  bound  to  make  defence  for  a 
currency  so  illegal  and  vicious.  Further  discus- 
sion was  stopped  for  that  time ;  but  afterwards, 
on  the  question  of  the  recbarter,  the  illegality 
of  this  kind  of  currency  was  fully  established, 
and  a  clause  put  into  the  new  charter  to  sup- 


press it.  The  veto  message  put  an  end  to  the 
charter,  and  for  the  necessity  of  the  remedy  in 
that  quarter ;  but  the  practice  has  btcn  taken 
up  by  local  institutions  and  private  bankers  in 
the  States,  and  become  an  abuse  which  requires 
extirpation. 


CHAPTER   LXI. 

ERROR  OF  M0N9.  DE  TOCQUEVILLE  IN  RELATIOV 
TO  THE  BASK  OK  THE   UNITED   STATE:)  THE  ! 
PRESIDENT,  AND  THE  I'EOPLE.  '  ' 

The  first  message  of  President  Jackson  de- 
livered at  the  commencement  of  the  session  of 
1829-30,  confinncd  the  hopes  which  the  democ- 
racy had  placed  in  him.    It  was  a  message  of 
the  Jefiersonian  school,  and  re-established  the  I 
land-marks  of  party,  as  parties  were  when  found- 
ed on  principle.    Its  salient  point  was  tho  Bank  I 
of  the  United  States,  and  the  non-renewal  of  its 
charter.    He  was  opposed  to  the  renewal,  both 
on  grounds  of  constitutionality  and  expediency 
and  took  this  early  opportunity  of  so  declaring, 
both  for  the  information  of  the  people,  and  of  the  ] 
institution,  that  each  might  know  what  they  had  | 
to  rely  upon  with  respect  to  him.    He  said: 

"  The  charter  of  the  Bank  of  the  United  States 
expires  in  1836,  and  its  stockholders  will  prob- 
ably apply  for  a  renewal  of  their  privileges.  In 
order  to  avoid  the  evils  resulting  from  precipi 
tancy  in  a  measure  involving  such  important  I 
principles,  and  such  deep  pecuniary  interests,  I 
feel  that  I  cannr ,,  injustice  to  the  parties  inter-  j 
ested,  too  soon  present  it  to  the  deliberate  con- 
sideration of  the  legislature  and  the  people.  Both 
the  constitutionality  and  tho  expediency  of  the 
law  creating  this  bank  are  well  questioned  by  a 
large  portion  of  our  fellow-citizens ;  and  it  must 
be  admitted  by  all  that  it  has  failed  in  the  great 
end  of  establishing  a  uniform  and  sound  cur- 
rency." 

Tills  passage  was  the  grand  feature  of  the  mcs- 1 
sage,  rising  above  precedent  and  judicial  decisions. 
gomg  back  to  tho  constitution  and  the  founda< 
tion  of  party  on  principle ;  and  risking  a  contest  j 
at   the   commencement  of  his  administration, 
which  a  mere  politician  would  have  put  off  to  the 
last.    The  Supreme  Court  had  decided  in  faror 
of  the  constitutionality  of  the  institution ;  a  de- 1 
mocratic  Congress,  in  chartering  a  second  bank, 
had  yielded  the  question,  both  of  constitutionality 


construction  w 


ANNO  .d;c2.     ANi^'UEW  J.\CKSo\,  rRESIDENT. 


22.5 


ukI  cxpwiiency.  Mr.  Mailison,  in  siirning  the 
(unk  charter  in  181G,  yielded  to  the  authorities 
vithuut  surrendering  his  convictions.  But  tho 
(fi^t  was  the  same  in  behalf  of  the  institution, 
jndaga  "  -  the  constitution,  and  against  the  in- 
jfj-rity  01  jiarty  founded  on  principle.  It  threw 
(■o«n  the  greatest  landmark  of  party,  and  yield- 
i-i  a  power  of  construction  which  nullified  the 
limitations  of  the  constitution,  and  left  Congress 
it  liberty  to  pass  any  law  which  it  dccine<l  ne- 
cmsarij  to  carry  into  effect  any  granted  power. 
jlic  \\hole  argument  for  the  bank  turned  upon 
the  word  "  necessary  "  at  the  end  of  tho  enu- 
mtratcd  powers  granted  to  Congress ;  and  gave 
rise  to  the  first  great  division  of  parties  in 
Washington's  time — the  fedei  al  party  being  for 
l!ic  construction  whioh  woulcj  authorize  a  na- 
tional bank ;  the  democratic  party  (republican, 
1  ss  then  called.)  being  against  it. 

It  was  not  merely  the  bank  which  the  democ- 
I  ricy  opposed,  but  the  latitudinarian  construc- 
I  lion  wliich  would  authorize  it,  and  which  would 
f'tnable  Congress    "      ^bstitute  its  own  will  in 
other  cases  for  ti  • ,  of  the  constitution,  and 

do  ffliat  it  please         '.^i-  the  plea  of  "necessary  " 
-a  plea  under  which  they  would  be  left  as  much 
to  their  own  will  as  under  the  "general  welfare" 
clause.    It  was  the  turning  point  between  a 
strong  and  splendid  government  on  one  side,  do- 
ing what  it  picaseii,   and  a  plain  economical 
government  on  the  other,  limited  by  a  written 
Iwnstititution*    The  construction  was  the  main 
poJDt.  because  it  made  a  gap  in  the  constitution 
through  which  Congress  could  pass  any  other 
I  measures  which  it  deemed  to  bo  "necessary:" 
1  there  were  great  objections  to  the  bank  it- 
I  gelf.    Experience  had  shown  such  an  institution 
to  be  a  political  machine,  adverse  to  free  govern- 
ment, mingling  in  the  elections  and  legislation  of 
the  country,  corrupting  the  press ;  and  exerting 
its  influence  in  the  only  way  known  to  the  mo- 
neyed power — by  corruption.     General  Jack 
I  son's  objections  reached  both  heads  of  the  case 
I -the  unconstitutionality  of  the  bank,  and  its  in- 
j  expediency.    It  was  a  return  to  the  Jeffersonian 
ItsdHaniiltonian  times  of  tho  early  administra- 
Ition  of  General  Washington,  and  wont  to  the 
I  words  of  the  constitution,  and  not  to  the  inter- 
Ipretations  of  its  administrators,  for  its  meaning. 
Such  a  message,  from  such  a  man — a  man  not 
lipt  to  look  back  when  he  had  set  his  face  for- 
jirard— electrified  the  democratic  spirit  of  the 

Vol.  I.— 15 


country.     The  old  democracy  felt  a,"*  if  they  were 
to  see  the  cun>titution  restoivl  l>i'fore  they  dicfl 
— the  young,  us  if  fhey  wcresuuiMioiieil  totlie  re- 
construction of  the  work  of tlicir  fathers.     It  was 
evident  that  a  great  contest  was  coming  on,  and 
the  otld.s  entirely  against  the  President.     On  tiie 
one  side,  the  undivided  phalanx  of  the  federal 
party  (for  they  h.ad  not  then  taken  the  name  of 
whig);   a  large  part  of  the  d-mocratic  party, 
yielding  to  precedent  and  judicial  decision ;  tho 
bank  itself,  with  its  colossal  money  power — its 
arms  in  every  State  by  means  of  branches — its 
power  over  the  State  banks — its  power  over  the 
business    community— over    public    men    who 
should  become  its  debtors  or  retainers — its  or- 
ganization under  a  single  head,  issuing  its  orders 
in  secret,  to  be  obeyed  in  all  places  and  by  all 
subordinates  at  the  same  moment.    Such  was  the 
formidable  array  on  one  side :  on  the  other  side 
a  divided  democratic  party,  disheartened  by  divi- 
sion, with  nothing  to  rely  upon  but  the  gootlness 
of  their  cause,  tho  prestige  of  Jackson's  name, 
and  the  presidential  power; — good  against  any 
thing  less  than  two-thirds  of  Congress  on  the  final 
questioa  of  the  re-charter ;  but  the  risk  to  nm  of 
his  non-eiection  before  the  final  questior  came  on. 
Under  such  circumstances  it  require ^  a  strong 
sense  of  duty  in  the  new  President  to  commence 
his  career  by  risking  such  a  contest ;  but  he  be- 
lieved the  institution  to  be  unconstitutional  and 
dangerous,  and  that  it  ought  to  cease  to  exist ; 
and  there  was  a  clause  in  the  constitution — that 
constitution  which  he  had  sworn  to  support — 
which  commanded  him  to  recommend  to  Con- 
gress, for  its  consideration,  such  measures  as  he 
should  deem  expedient  and  proper.    Under  this 
sense  of  duty,  and  under  the  obligation  of  this 
oath,  President  Jackson  had  recommended  to 
Congress  the  non-renewai  of  the  bank  charter, 
and  the  substitution  of  a  different  fiscal  agent 
for  the  operations  of  tho  government — if  any 
such  agent  was  required.    And  with  his  accus- 
tomed frankness,  and  the  fairness  of  a  man  who 
has  nothing  but  the  public  good  in  view,  and 
with  a  disregard  of  self  which  permits   no 
personal  consideration  to  stand  in  the  way 
of  a  discharge  of  a  public  duty,  he  made  the  re- 
commendation six  years  oefore  the  expiration 
of  the  ch!\rter,  ai.d  in  the  first  message  of  hie 
first  term ;  thereby  taking  upon  his  hands  such 
an  enemy  as  the  Bank  of  the  United  States,  at 
the  very  commencement  of  his  admiuistnition. 


:   ■  .4. 


a  ^n: 


■^i/ 


226 


THIRTY  YILiRS*  VIE^^•. 


Thfit  Ruch  a  rocomnundiitionapilnstsiichan  in- 
Ktitiitioii  should  brine  upon  the  Prcsidoiit  and 
liis  KiipporUT.s,  violunt  attacks,  both  pergonal 
and  political,  witli  arraignment  of  motives  ns 
Well  as  of  Rasons,  was  naturally  to  be  expected; 
and  that  expectation  was  by  no  means  disap- 
pointed. Both  he  r.nd  they,  during;  the  f-even 
years  that  the  tvwU  contest  (in  different  forms) 
prevailed,  rece;  from  it — from  the  newspaper 
find  periodical  j.ress  in  its  interest,  and  from  the 
public  speakers  in  its  favor  of  every  grade — an 
accumulation  of  obloquy,  and  even  of  accusation, 
only  lavished  upon  the  oppressors  and  plunder- 
ers of  nations — a  Vcrres,  or  a  Hastings.  This 
was  natural  in  such  an  lastitution.  But  Presi- 
dent Jackson  and  his  friends  had  a  right  to  ex- 
pect f:iir  treatment  from  history — from  disinter- 
ested history — which  should  aspire  to  truth,  and 
which  has  no  right  to  be  ignorant  or  careless, 
lie  and  they  had  a  right  to  expect  justice  from 
such  history ;  but  this  is  what  they  have  not 
received.  A  writer,  whose  book  takes  him  out 
of  that  class  of  European  travellers  who  requite 
the  hospitality  of  Americans  by  disparagement 
of  their  institutions,  their  countiy.  and  their 
character — one  whose  general  intelligence  and 
oaudor  entitle  his  errors  to  the  honor  of  correc- 
tion— in  brief,  M.  do  Tocquevilie — writes  thus  of 
President  Jackson  and  the  Bank  of  the  United 
States : 

"  When  the  President  attacked  the  bank,  the 
country  was  excited  and  parties  were  formed ; 
the  well-informed  classes  rallied  round  the  bank, 
the  common  people  round  the  Prcibident.  But 
it  must  not  be  imagined  that  the  people  had 
formed  a  rational  opinion  upon  a  question  which 
ofleis  so  many  difficulties  to  the  most  experienced 
statesman,  'ihe  bank  is  a  great  establishment, 
which  enjoys  an  independent  existence,  and  the 
people,  accustomed  to  make  and  unmake  what- 
ever it  plea-ses,  is  startled  to  meet  with  this 
obstacle  to  its  authority.  In  the  midst  of  the 
perpetual  fluctuation  of  soci*ity,  the  community 
is  irritated  by  so  permancDt  an  institution,  and 
is  lei  to  attack  in  order  to  see  whether  it  can  be 
shaken  or  controlled,  like  all  other  institutions 
of  the  country." — (Chapter  10.) 

Of  this  paragraph,  so  derogatory  to  President 
Jackson  and  tive  people  of  the  United  States, 
every  word  is  on  error.  Where  a  fact  is  sJleged, 
it  is  an  error ;  whe.-e  an  opinion  is  expressed,  it 
f^  an  error;  where  a  theory  is  invented,  it  is 
fanciful  and  visionary.  President  Jacksoa  did 
uot  attack  the  bank ;  the  bank  attacked  him,  and 


fok'  political  as  well  as  pecuniary  motives ;  uj  j 
under  the  lead  of  politicians.     When  (nneril 
Jackson,  in  his  first  niessagc,  of  December.  ijV) 
expressed  his  opinion  to  Congress  n^'auist  tU  I 
renewal  of  the  bank's  charter,  he  atl.uked  nn 
right  or  interest  which  the  bank  possi-s.sed.    u 
was  an  institution  o*"  limited  existence,  cnjoyirr. 
great  privileges,— among  others  a  inonfnoly  of 
national  banking,  and  had  no  right  to  any  pro- 1 
longation  of  existence  or  privilege   after  the 
termipntion  of  its  charter — so  far  from  it  if 
there  was  to  be  another  bank,  t'jo  doctrine  of 
equal  rights  and  no  monopolies  or  perpctnitici] 
required  it  to  be  thrown  open  to  the  free  coinpc- 
tition  of  all  the  citizens.     The  reasons  given  ly 
the  President  were  no  attack  upon  the  bank- 
lie  impugned  neither  me  integrity  nor  tlie  siiiH 
of  the  institution,  but  repeated  the  objections  of  I 
the  political  school  to  whi;;li  he  belonged  ami 
which  were  as  old  as  Mr.  Jeflcrson's  cabinet 
opinion  to  President  Washington,  in  the  year 
1791,  and  Mr.  Madison's  great  speech  in  the  I 
House  of  Representatives  in  the  same  year.  He 
therefore,  made  no  attack  upon  the  bank,  cither  I 
upon  it^.  existence,  iU  vharacter,  or  any  one  of  [ 
its  rights.     On  the  other  hand,  the  bank  did 
attack  President  Jackson,  under  the  lead  of  I 
politicians,  and  for  the  purpose  of  breaking  liim  I 
down.    The  facts  were  these :  President  Jaciison  I 
had  communicated  his  opinion  to  Congress  in  I 
December,  1829,  against  the  renewal  of  tbol 
charter ;  near  three  years  afterwards,  on  the  I 
9th  of  January,  1832,  while  the  charter  had  yet  I 
above  thr^c  years  to  run,  and  a  new  Congress  I 
to  be  elected  before  its  expiration,  and  the  presi- 
dential election  impending— (General  Jackson  I 
and  Mr.  Clay  the  candidates) — the  memorial  of  I 
the  president  and  directors  of  the  bank  was! 
suddenly  presented  in  the  Senate  of  the  United  | 
States,  for  the  renewal  of  its  charter. 

Now,  how  came  that  memorial  tc  be  presented  i 
at  a  time  so  inopportune?  so  premature,  ^o I 
inevitably  mixing  itself  with  the  presidential! 
election,  and  so  encroaching  upon  the  rights  of  I 
tl\e  people,  in  snatching  the  question  out  of  their  I 
hands,  and  having  it  decided  by  a  Congress  notl 
elected  for  the  purpose — and  to  the  usurpation  | 
of  the  rights  of  the  Congress  elected  for  the! 
purpose?  How  came  all  these  anomalies?  alii 
these  violations  of  right,  decency  and  propriety  ll 
They  came  thus .  the  bank  and  its  leading  anli-j 
Jackson  friends  believed  that  the  institution! 


ANNO  1831     ANDREW  JACKSON*.  rRF^IDF.NT. 


227 


ffi.4  stronpcr  than  the  Prii'ident — that  it  could 
l^t  him  in  the  election— that  it  could  beat  him 
n  Ciinpress  (as  it  then  stood),  and  carry  the 
fharttT, — driving  him  upon  the  veto  power,  and 
rcmkringhim  odious  if  ho  used  it,  and  diEf^racing 
ijim  if  (after  M'hat  he  had  eaid)  he  did  not. 
This  was  the  oj)inion  of  the  leading  politicians 
friendly  to  the  bank,  and  inimical  to  the  Presi- 
dent.   But  the  bank  had  a  class  of  friends  in 
fongress  also  friendly  to  Gen.   Jackson ;  and 
U'tweon  these  two  cla-sscs  there  was  vehtaient 
oppof itifii  of  opinion  on  the  point  of  moving 
f)r  tlo.  new  charter.    It  was  found  impossible, 
in  communications  between  Washington  and 
Phil,  delphia,  then  slow  and  uncertain,  in  stage 
cf,aci»  conveyances,  over  miry  roads  and  frozen 
waters,  to  come  to  conclusions  on  the  diffi- 
(iilt  point.    Mr.  Biddle  and  the  directors  were 
in  doubt,  for  it  would  not  do  to  move  in  the 
matter,  unless  all  the  friends  of  the  bank  in 
Congi-ess  acted  together.    In  this  state  of  un- 
«rtainty,  General  Cadwallader,  of  Philadelphia, 
I  friend  and  confidant  of  Mr.  Biddle,  and  his 
usual  envoy  in  all  the  delicate  bank  negotiations 
1  cr  troubles,  was  sent  to  Washington  to  obtain  a 
result ;  and  the  union  of  both  wings  of  the 
Hank  party  in  favor  of  the  desired  movement. 
4e  came,  and  the  mode  )f  operation  was  through 
lie  machinery  of  caucus — that  contrivance  by 
vhich  a  few  govern  many.    The  two  wings 
icing  of  different  politics,  sat  separately,  one 
"leaded  by  Mr.  Clay,  tbf?  other  by  Gen.  Samuel 
r  smith,  of  Maryland.    The  two  caucuses  dis- 
1  agreed,  but  the  democratic  being  the  smaller, 
and  Mr.  Clay's  strong  will  dominating  the  other, 
the  resolution  was  taken  to  proceed,  and  all 
I  bound  to  go  together. 

I  had  a  friend  in  one  of  these  councils  who 
I  informed  me  regularlj-  of  the  progress  made,  and 
eventually  that  the  print  was  carried  for  the 
hank— that  General  Cadwallader  had  returned 
ivith  the  news,  and  with  injunctions  to  have  the 
r.emniial  immediately  at  Washington,  and  by  a 
Liven  day.    The  day  arrived,  but  not,  the  me- 
morial, and  my  friend  came  to  inform  me  the 
Irojison  why;  which  was,  that  the  stage  had  got 
I  overturned  in  the  bad  roads  and  crippled  Gen. 
I  Cadwallader  in  the  shoulder,  and  detained  him ; 
I  but  that  the  delay  would  only  be  of  two  days ; 
lindthen  the  memorial  would  certainly  arrive. 
lit  did  BO ;  and  on  Monday,  the  9th  of  Jaiiuary, 
jlJ32,  was  presented  in  the  Senate  by  Mr.  iJallas, 


a  senator  from  Penn»<ylvnnia,  and  n-sidunt  of 
Philadelphia,  where  the  bank  wa**  established. 
Mr.  Dallas  was  democratic,  and  ihs  friend  i<f 
(Jeneral  Jackson,  and  on  presenting  the  ni''- 
morial,  as  pood  as  told  nil  that  [  have  now 
written,  bating  only  jK-rsonal  particulars.  He 
said  •■ 

"  That  being  requested  to  present  this  docu- 
ment to  the  Senate,  praying  for  a  renewal  of  tlio 
existing  charter  of  the  bank,  ho  begged  to  1  ■ 
indulged  in  making  a  few  expl.nnatory  remarks. 
With  anhesitating  frankness  he  wished  it  to  bo 
understood  by  the  Senate,  by  the  good  common- 
wealth which  it  was  alike  his  duty  and  his  priilc 
to  represent  with  fidelity  on  that  floor,  and  liy 
the  people  generally,  that  this  application,  at  this 
time,  had  been  discouraged  by  him.  Actuated 
mainly,  if  not  exclusively,  by  a  desire  to  preserve 
to  the  nation  the  practical  benefits  of  the  insti- 
tution, the  expediency  of  bringing  it  forward 
thus  early  in  the  term  of  its  incorporation,  during 
a  popular  representation  in  Congress  which  must 
cease  to  exist  some  years  before  that  term  ex- 
pires, nnd  on  the  eve  of  all  the  excitement  incident 
to  a  great  political  movement,  struck  hh  mind 
as  more  than  doubtful.  He  felt  deep  solicitude 
and  apprehension  lest,  in  the  progress  of  inquiry, 
and  in  the  development  of  views,  under  jireseiic 
circumstances,  it  might  be  drawn  into  real  or 
imaginary  conflict  with  some  higher,  some  more 
favorite,  some  more  immediate  wish  or  purpose 
of  the  American  people ;  and  from  such  a  conflict, 
what  sincere  friend  of  this  useful  establishment 
would  not  strive  to  save  or  rescue  it,  by  at  least 
a  temporary  forbearance  or  delay  ?  " 

This  was  the  language  of  Mr.  Dallas,  and  it 
was  equivalent  to  a  protest  from  a  well-wisher 
of  the  bank  against  the  perils  and  improprieties 
of  its  open  plunge  into  the  presidential  canvas'^, 
for  the  purpose  of  defeating  Gener?,!  Jackson 
and  electing  a  friend  of  its  own.  1  uc  prudential 
counsels  of  f "■h  men  as  Mr.  Dallas  did  not 
prevail;  political  counsels  governed;  the  banl: 
charter  was  pushed — was  carried  through  both 
Houses  of  Congress — difred  the  veto  of  Jackson 
— received  it — roused  the  people — and  the  bank 
and  all  its  friends  were  crushed.  Then  it  afTected 
to  have  been  attacked  by  Jackson ;  and  Mons. 
de  Tocqueville  hos  carried  that  fiction  into  his- 
tory, with  all  the  imaginary  reasons  for  a 
groundless  accusation,  which  the  bank  had  in- 
vented. 

T^^e  remainder  of  this  quotation  from  Mons. 
de  Tocqticville  is  profoundly  erroneous,  and  de- 
serves to  be  exposed,  to  prevent  the  mischiefs 
which  his  book  tuight  do  in  Europe,  and  even  in 


a.X- 


t 


:■( 


r     i  'i 


■A"-. 


•u. 


22S 


TIIIRTV  YEARS'  VIEW. 


America,  among  tliat  class  nf  our  people  who 
li)ok  to  Kiiro|M'an  writers  for  informntiun  upon 
tla-ir  own  country.  lie  Hpcuks  of  tlic  well- 
iiifonni'il  classes  who  rallied  round  the  Lank; 
and  the  common  jK-'ople  who  had  formed  no  ra- 
liunul  opniion  upon  the  suhjcct,  and  who  joined 
(ieneral  Jackson.  Certainly  the  great  business 
ciiumunicy,  with  few  exceptions,  comprising 
wiallh,  ability  aU'  "'Uication,  went  for  the  bank, 
and  the  masses  fu  Micral  Jackson ;  but  which 
had  formed  the  r^  lal  opinion  is  seen  by  the 
event.  The  "  woll-i.ii'ormed  "  classes  have  bowed 
not  merely  to  the  decision,  but  to  the  intelligence 
of  the  ma-sses.  They  have  adopted  their  opin- 
ion of  the  institution — condemned  it — repudiated 
it  as  an  "  obsolete  idea ; "  and  of  all  its  former 
advocates,  not  one  exists  now.  All  have  yield- 
ed to  that  instinctive  sagacity  of  the  people, 
which  is  an  overmatch  for  book-learning ;  and 
which  being  the  result  of  common  Bcns^,  is 
usually  right;  and  bein,  disinterested,  is  always 
lionest.  if  adduce  this  instance — a  grand  na- 
tional one — of  the  succumbing  of  the  well-in- 
formed classes  to  the  instinctive  sagacity  of  the 
people,  not  merely  to  correct  Mons.  de  Tocquc- 
ville,  but  for  the  higher  purpose  of  showing  the 
capacity  of  the  people  for  self-govenimcnt.  The 
rest  of  the  quotation,  "  the  independent  exist- 
ence— the  people  accustomed  to  make  and  un- 
make—startled at  this  obstacle — irritated  at  a 
IK'rmanent  institution — attack  in  order  to  shake 
and  control ; "  all  this  is  fancy,  or  as  the  old 
English  ^v^ote  it,  fantasy — enlivened  by  French 
vivacity  into  witty  theory,  as  falliicious  as  witty. 
I  could  wish  I  were  done  with  quotations 
from  Mons.  de  Tocqueville  on  this  subject ;  but 
he  forces  me  to  make  another  extract  from  his 
book,  and  it  is  found  in  his  chapter  18,  thus : 

"  The  slightest  observation  enables  us  to  ap- 
preciate the  advantages  which  the  country  de- 
rives from  the  bank.  Its  notes  are  taken  on  the 
borders  of  the  desei  i  for  the  same  value  as  in 
Philadelphia.  It  is  nevertheless  the  object  of 
pieat  animosity.  Its  directors  have  proclaimed 
their  hostility  to  the  President,  and  are  accused, 
not  without  some  show  of  probability,  of  having 
abused  their  influence  to  thwart  his  election. 
The  President,  therefore,  attacks  the  establish- 
ment with  all  the  warmth  of  personal  enmity ; 
and  he  is  encouraged  in  the  pursuit  of  his  re- 
venge by  the  conviction  that  he  is  supported  by 
the  secret  propensities  of  the  majority.  It  al- 
ways holds  a  great  number  of  the  notes  issued 
by  the  provincial  banks,  which  it  can  aC  any 
time  oblige  them  to  convert  into  cash.    It  has 


itself  nothing  to  fear  from  a  similar  demnivl  u 
the  extent  of  its  resources  enables  it  to  inivt  aii 
claims.     But  the  existence  of  the  provinci. 
banks  is  thus  threatened,  and  their  o|ieratiiin< 
are  restricted,  since  they  ore  only  able  to  is«„„ 
a  quantity  of  notes  duly  proportioned  to  tln.|f  i 
capital.    They  submit  with  impatience  to  tljis ' 
salutary  control.    The  newspajH-rs  wnich  tlnv 
have  bought  over,  and  the  President,  whose  in'. 
t«rest  renders  him  their  instrument,  attack  the 
bank  with  the  greatest  vehemence.    Thiy  ron*..  j 
the  local  passions  and  the  blind  democratic  in. 
stinct  of  the  country  to  aid  in  their  cause ;  aiiil 
they  asseri  that  the  bank  directors  form  a  u~j. 
manent  aristocratic  body,  whose  inlhience  mu^t 
ultimately  be  felt  in  the  government,  and  nmst 
alluct  those  principles  of  equality — upon  which  I 
society  rests  in  America." 

Now,  while  Mons.  de  Tocqueville  was  arran" 
ing  all  this  fine  en  omium  upon  the  bank,  ami  I 
all  this  censure  upo  i  its  adversaries,  the  whole  I 
of  which  is  nothim,  but  a  French  translation  ol'l 
the  bank  publications  of  the  day,  for  itself  an 
against  President  Jackson — during  all  this  time 
there  was  a  process  going  on  in  the  Congress  of  I 
the  United  States,  by  which  it  was  proved  that! 
the  bank  was  then  insolvent,  and  living  fioml 
day  to  day  upon  expedients ;  and  getting  hold  of  I 
property  and  money  by  contrivances  which  thel 
law  would  qualify  as  swindling — plundering  it?| 
own  stockholders — and  bribing  individuals,  inJ 
stitutions,  and  members  of  legislative  bodiesj 
wherever  it  could  be  done.    Those  fine  notcJ 
of  which  he  speaks,  were  then  without  solii 
value.    The  salutary  restraint  attributed  to  itd 
control  over  local  banks  was  soon  exemplified  in 
its  forcing  many  of  them  into  complicity  in  'A 
crimes,  and  all  into  two  general  suspensions  of) 
specie  payments,  headed  by  itself.     Its  soliditi 
and  its  honor  were  soon  shown  in  open  bank<j 
ruptcy — in  the  dishonor  of  its  notes— the  vie 
lation    of  sacred  deposits — the   disappearancJ 
of  its  capital — the  destruction  of  institution! 
connected  with  it — the  extinction  of  iifty-siJ 
millions  of  capital  (its  own,  and  that  of  other! 
drawn   into   its   vortex); — and   the  ruin  oi 
damage  of  families,  both  foreign  and  Anierican| 
wlio  had  been  induced  by  its  name,  and  L7  1 
delusive  exhibitions  of  credit,  to  invest  theiJ 
moHcy  in  its  stock.    Placing  the  opposition  oi 
President  Jackson  to  such  an  institution  to  tl> 
account  of  base  and  personal  motives — to  feelingl 
of  revenge  because  he  had  been  unable  to  scduq 
it  into  his  support — is  an  error  of  fact  manifcstd 
by  all  the  history  of  the  case ;  to  say  nothinJ 


A.NXO  1832.     AXnUKW  JACKSON'.  I'RESIDKNT. 


229 


of  his  own  pt-rsonnl  cimracter.    I  Ic  was  n  senator 
31  Con!?rcBS  during  the  existence  of  the  first 
cstional    bank,  and  wnfl  nfnainst  it ;  and  on  the 
lime  proundfl  of  unconHtitntionality  and  of  inex- 
.^licnny.     IIo  delivered  his  opinion  against  this 
Mtond  one  before  it  liad  manifested  any  hostility 
10  him.    His  first  opposition  was  abstract — 
gainst  the  institution — without  reference  to  its 
i«n(liict ;  he  knew  nothing  against  it  then,  und 
„^jther  said,  or  insinuated  any  thing  against  it. 
Subsequently,  when  misconduct  was  discovered, 
he  cliarged  it ;  and  '  ,>enly  and  responsibly. 
dltmlly  unfounded  is  the  insinuation  in  another 
(lace,  of  subserviency  to  local  banks.     lie,  the 
instrument  of  local  banks !  he  who  could  not  be 
node  the  friend,  even,  of  the  great  bank  itself ; 
ffho  was  all  jus  liffl_fl^  hard  money  man — an 
opposer  of  all  banks — the  denouncer  of  delin- 
(...ont  banks  in  his  own  State ;  who,  with  one 
<troke  of  his  pen,  in  the  recess  of  Congress,  and 
i^nst  its  will,  in  the  summer  of  1836,  struck 
ill  their  notes  from  the  list  of  land-office  pay- 
\  mcntfi !  and  whoso  last  message  to  Congress,  and 
in  his  farewell  address  to  the  people,  admonished 
'hem  earnestly  and  aifectionately  against  the 
whole  system  of  paper  money — the  evils  of 
irhich  he  feelingly  described  as  falling  heaviest 
I  upon  the  most  meritorious   part  of   the  com- 
munity, and  tho  part  least  able  to  bear  them — 
ihe  productive  classes. 

The  object  of  this  chapter  is  to  correct  this 
I  error  of  Mons.  de  Tocqueville,  and  to  vindicate 
history,  and  to  do  justice  to  General  Jackson 
I  uii!  the  democracy :  and  my  task  is  easy.  Events 
e  done  it  for  me — have  answered  every  ques- 
I  tion  on  which  the  bank  controversy  depended, 
ind  have  nullified  every  argument  in  favor  of 
the  bank — and  that  both  with,  and  without  ref- 
erence to  its  misconduct.    As  an  institution,  it 
has  been  proved  to  be  "  unnecessary,"  and  the 
country  is  found  to  do  infinitely  better  without 
it  than  with  it.    During  the  twenty  voars  of  its 
existence  there  was  pecuniary  disti  ess  in  the 
puntry — periodical  returns  of  expansion  and 
I  wntraction,  deranged  currency,  ruined  exchanges, 
I  panics  and  convulsions  in  the  money,  market.   In 
I  the  almost  twenty  years  which  hafve  elapsed 
I  since,  these  calamitous  words  have  never  been 
I  heard:  and  the  contrast  of  the  two  periods  will 
Imke  the  condemnation  of  one,  and  the  eulogy 
|)f  the  other.    There  was  no  gold  during  tho 
luistence  of  the  bank :  there  has  been  an  ample 


gold  currency  over  since,  and  that  iH'forc  we  ^-oi 
California.     There  were  general  susjK'iisidns  nj 
specie  payments  during  its  time  ;  and  none  sin'f. 
Exchanges  were  derange<l  during  its  existence  : 
they  have  been  regular  since  its  death.    I.aVior  ni;d 
proiK-Tty  lived  the  life  of  'Mip  and  down" — hi;:h 
price  one  day,   no  price   another   day — while 
tho  bank  ruled :  both  have  been  "  up  "  all  the 
time,  since  ii,  has  been  pone.    Wo  have  had  a 
■.var    since — a  foreign    war — which    tries    tlie 
strength  of  financial  systems  in  all  countries ; 
and  have  gone  through  this  war  not  only  witli- 
out  a  financial  crisis,  but  with  a  financial  tri- 
umph— the  public  securities  remaining  above  jmr 
tiic  whole  lime  ;  and  the  government  paying  to 
its  war  debt  creditors  a  reward  of  twenty  dol- 
lars npon  the  hundred  to  get  them  to  acct  it 
their  pay  before  it  is  due ;  and  in  this  shinintc 
side  of  the  contrast,  experience  has  inva  idiited 
tho  decision  of  the  Supreme  Court,  by  exptrngin^; 
tho  solo  argument  ujion  which  tho    decision 
rested.     "Necessity,"  "necessary  to  carry  into 
eflect  the  granted  powers,"  was  the  decision  of 
the  co"rt.    Not  so,  the  voice  of  experience.    Tliat 
hu^       .  icd  such  an  institution  to  bo  unnecessary. 
Every  granted  power,  and  some  not  granted, 
have  been  carried  into  effect  """nco  the  extinction 
of  the  national  bank,  and  since  the  substitutio!i 
of  the  gold  currency  and  the  indcpend     '  treasu- 
ry ;  and  all  with  triumphant  succes       .he  war 
power  above  all,  and  most  successfully  exercised 
of  all.    And  this  sole  foundation  for  the  court's 
decision  in  favor  of  the  constitutionality  of  tlio 
bank  being  removed,  the  decision  itself  van- 
ishes— disappears — "  like  the  baseless  fabric  of  a 
vision,  leaving  not  a  wreck  behind."    But  there 
will  be  a  time  hereafter  for  t'ae  celebration  of 
this  victory  of  the  constitution  over  the  Supreme 
Court — the  only  object  of  this  chapter  being  to 
vindicate  General  Jackson  and  the  people  from 
the  errors  of  Mons.  de  Tocqueville  in  relation  to 
them  and  the  bank :  which  is  done.' 


CHAPTER     L  X 1 1. 

EXPENSES  OF  THE  OOVEHSMENT. 

Economy  in  the  government  expenditures  was 
a  cardinal  feature  in  the  democratic  policy,  and 
every  increase  of  expense  was  closely  scrutinized 


230 


TIIIIITV  YKAIW  VIKW. 


]>y  ilu'in,  and  brought  to  the  tost  of  the  clearest 
lu'ccssily.  Some  increase  wus  incident  to  tlie 
(irowinj?  condition  of  the  country ;  but  every 
it'  tn  iK-yond  the  exi;;encies  of  that  powth  was 
sii'ijected  to  severe  investipition  and  determined 
opposition.  In  the  execution  of  this  policy  the 
(  xpensies  proper  of  the  (;ovenuiient — those  inci- 
dent to  working  its  macJLlner}' — were,  immedi- 
ately after  my  entrance  into  the  Senate,  and  after 
the  army  and  otlier  reductions  of  1820  and  '21 
lad  taken  effect— just  about  eight  millions  of 
dollars.  The  same  expenditure  up  to  the  be- 
pinniuf;  of  tJie  year  1832 — a  period  of  about  ten 
years — had  risen  to  thirteen  and  u  half  millions: 
and,  adverting  to  this  increase  in  some  current 
debate,  and  with  a  view  to  fix  attention  upon 
the  growing  evil,  I  stated  to  the  Senate  that 
these  expenses  had  nearly  doubled  since  I  had 
been  a  member  of  the  Senate.  This  statement 
drew  a  reply  from  the  veteran  chairman  of  the 
Senate's  committee  on  finance  (General  Smith, 
of  Maryland),  in  opposition  to  my  statement ; 
which,  of  course,  drew  further  remarks  from  mc. 
Both  sets  of  remarks  are  valuable  at  this  day — in- 
structive in  the  picture  they  present  between 
1822— 1832— and  1850.  Gen.  Smith's  estimate 
of  nl)OHt  ten  millions  instead  of  eight — though 
{iredic!)tc<l  on  the  wrong  basis  of  beginning  to 
count  before  the  expenses  of  the  army  reduction 
had  taken  effect,  and  counting  in  the  purchase 
of  Florida,  and  some  other  items  of  a  nature 
foreign  to  the  support  of  government — even  his 
estimate  presents  a  startling  point  of  comparison 
with  the  same  expenditure  of  the  present  day; 
and  calls  for  the  revival  of  that  spirit  of  economy 
which  distinguished  the  democracy  in  the  earlier 
periods  of  the  government.  Some  passages  from 
the  speech  of  each  senator  (General  Smith  and 
Mr.  Benton)  will  present  this  brief,  but  impor- 
tant inquiry,  in  its  proper  point  of  view.  Gen. 
Smith  said : 

"  I  will  now  come,  Mr.  President,  t  my  prin- 
cipal object.  It  is  the  assertion, '  that,  since  the 
year  1821,  the  expenses  of  the  government  had 
nearly  doubled ; '  and  I  trust  I  shall  be  able  to 
show  that  the  senator  from  Missouri  [Mr.  Ben- 
ton] had  been  under  some  misapprehension.  The 
Senate  are  aware  of  the  effect  which  such  an  asser- 
tion, coming  from  such  high  authority,  must  have 
u;)on  the  public  mind.  It  certainly  had  its  elfect 
even  upon  this  enlightened  body.  I  mentioned 
to  an  lionorable  senator  a  few  days  since,  that 
the  average  ordinary  expenditure  of  the  govern- 
ment for  the  last  nine  years  did  not  exceed  the 
Bum  of  twelve  and  a  half  milliuus.     But,  said  j 


tlio  Rcnntor,  the  expenditures  have  jrrcntlv  in- 
crease«l  during  that  ix-riiKl.  I  told  him  I  thou  ij, 
they  had  not ;  and  I  now  proceed  to  jirovc,  n,.,, 
with  the  exception  of  four  years,  viz.,  1M21  lHi,"> 
182.'J,  and  1824,  the  exi^nditures  of  the  povpri". 
ment  have  not  increased.  I  shall  endiavor  tn 
show  the  causes  of  the  ro<luction  of  txinnsn 
during  those  years,  and  that  they  allbrd  no  cij- 
teria  by  which  to  judge  of  the  necessary  exiieiN  ^ 
of  governiiient,  and  that  they  are  exceptions  i, 
the  general  rafo  of  expenditures,  arising  frri,. 
particular  causes.  But  even  they  exhibit  an 
expenditure  far  above  the  one-  half  of  theprcsi'm 
annual  ordinary  exi)enses. 

'■  In  the  year  1822,  which  was  the  period  wlicn 
the  senator  from  Missouri  (Mr.  Benton]  took  hi- 
seat  in  the  Senate,  the  ordinary  expenses  of  tho 
government  amounted  to  the  sum  of  S9,827,(;4;:, 
The  exiwnses  of  the  year  1823.  amounted  t', 
S0,784,15-l.  I  i)roceed,  Mr.  President,  to  b1:;-.v 
tue  cause  which  thus  reduced  the  ordinary  v\. 
penses  during  these  years.  I  speak  in  tli.' 
presence  of  gentlemen,  some  of  whom  were  tliin 
in  the  House  of  Keprescntatives,  and  will  coriwt 
me  if  my  recollection  should  lead  me  into  cri-cir. 
During  the  session  of  the  year  18l9-'20  tlie 
President  asked  a  loan,  I  think,  of  five  millions, 
to  defray  the  expenses  of  the  government,  whicli 
he  had  deemed  necessary,  and  for  which  estimatis 
had,  as  usual,  been  laid  before  Congress.  A 
loan  of  three  millions  only  was  granted ;  and,  in 
the  next  session,  another  loan  of,  I  think,  seven 
millions  was  asked,  in  order  to  enable  the  E.vt'- 
cutive  to  meet  the  amount  of  expenses  estimated 
for,  as  necessary  for  the  year  1821.  A  loan  cf 
five  millions  was  granted,  and  in  the  succeedinn 
year  another  loan  of  five  hundred  thoiisaml 
dollars  was  asked,  and  refused.  Congress  wtro 
dissatisfied  that  loans  should  bo  required  in  timo 
of  profound  peace,  to  meet  the  common  expenses 
of  the  nation ;  and  they  refused  to  grant  the 
amount  asked  for  in  the  estimates,  although  tlii< 
amount  would  have  been  granted  if  there  had 
been  money  in  the  treasury  to  meet  them,  with- 
out resorting  to  loans.  The  Committee  of  AVays 
and  Means  (and  it  was  supported  by  the  Hou.4) 
lessened  some  of  the  items  estimated  for,  and 
refused  others.  No  item,  except  such  as  was 
indispensably  necessarj"-,  was  granted.  By  the 
adoption  of  this  course,  the  expenditures  were 
reduced,  in  1821,  to  ^10,723,479,  and  to  the 
sums  already  mentioned  for  the  two  years,  1822 
and  1823,  and  tho  current  expenses  of  1824, 
^10,330,144.  The  consequence  was,  that  the  | 
treasury  was  restored  to  a  srund  state,  so  thai 
Congress  was  enabled,  in  the  year  1825,  to  ap- 
propriate the  full  amount  of  the  estimate.  The  | 
expenditures  of  1824  amounted  to  $15,330,141 
This  large  expenditure  is  to  be  attributed  to  the  j 
payment  made  to  Spain  in  that  year,  of  lg;5,000,00il 
for  the  purchase  of  Florida.  1  entertained  doul*  | 
whether  I  ought  to  include  this  sum  in  the  ex- 
penditures ;  but,  on  full  consideration,  T  deemed  I 
it  pro^»ef  to  include  it.  It  may  be  siiid  that  it 
wai  »u  extraordinary  payment,  and  such  as  coula 


ANNO  \832.    ANDREW  JACKj*ON'.  TRF^IDKNT. 


831 


...t  asrni"  occur.  So  is  tlie  payment  on  account 
■  awiinl.s  under  the  Tronty  *>f  (Uu'ut,  in  1^27 
J„l  \fi'2t<,  nmountinR  to  81,l><H.71i;.  Of  tho 
>^,„e  ciiiiracter,  too,  are  tlie  payimnls  made  for 
jlii-  iiiirchasc  of  lands  from  the  Indians  ;  for  tho 
ffiHuviil  of  tho  Indians;  for  paynionts  to  the 
jivtriil  States  for  moneys  advanced  duriii)?  the 
ijto  wiir ;  and  a  variety  of  other  extraordinary 
clan-'cs  on  tho  treasury." 

Tiic  error  of  this  statement  was  in  the  basis 
of  the  calculation,  and  in  tho  inclusion  of  items 
ffhich  did  not  belong  to  the  expenses  proper  of 
the  povcrnmcnt,  and  in  beginning  to  count  bc- 
fiK  tiio  year  of  reduction — tho  whole  of  which, 
in  a  period  of  ten  years  made  an  exces"  of  twcnty- 
[m  millions  above  the  ordinary  expenses.  I 
answered  thus : 

"Mr.  Benton  rose  in  reply  to  the  senator  from 
Maryland.    Mr.  B.  said  that  a  remark  of  his, 
ill  a  former  debate,  seemed  to  have  been  tho 
(locasion  of  tho  elaborate  financi.il  statements 
wliich  the  senator  from  Maryland  had  just  gone 
through.    Mr.  B.  said  he  had  made  the  remark 
I  in  debate ;  it  was  a  general  one,  and  not  to  be 
treated  as  an  account  stated  by  an  accounting 
officer.    His  remark  was,  that  the  public  ex-pcn- 
ditiiro  had  nearly  doubled  since  he  had  been  a 
nembcr  of  the  Senate.     Neither  tho  words 
used,  nor  the  mode  of  the  expression,  implied 
the  accuracy  of  an  account ;  it  was  a  remark  to 
fia;itify  a  great  and  inordinate  increase  in  a  com- 
paratively short  time.    He  had  not  como  to  tho 
:!oiiato  this  day  with  tho  least  expectation  of 
king  called  to  justify  that  remark,  or  to  hear  a 
long  arraignment  of  it  argued ;  but  he  was 
Toady  at  all  times  to  justify,  and  he  would 
cidy  do  it.    Mr.  B.  said  that  when  ho  made 
the  remark,  he  had  no  statement  of  accounts  in 
his  eye,  but  he  had  two  great  and  broad  facts 
kfoie  him,  which  all  the  figures  and  calcula- 
tions upon  earth,  and  all  the  compound  and 
comparative  statements  of  arithmeticians,  could 
not  shake  or  alterj  which  were — first,  that  when 
I  he  came  into  the  Senate  the  machinery  of  this 
povcrnmcnt  was  worked  for  between  eight  and 
nine  millions  of  dollars ;  and,  secondly,  the  actual 
payments  for  tho  last  vear,  in  the  President's 
message,  were  about  foarteen  millions  and  three- 
quarters.    The  sum  estimated  for  tho  future 
expenditures,  by  the  Secrrtary  of  tho  Treasury, 
was  thirteen  and  a  half  millions ;  but  fifteen 
millions  were  recommend  )d  by  him  to  be  levied 
to  meet  increased  expenditures.    Mr.  B.  said 
thejie  were  two  great  facts  which  he  had  in  his 
eye,  and  which  ho  wouU  justify.    He  would 
pduce  no  proofs  as  to  the  second  of  liis  facts, 
loecause  t'uc  President's  message  and  the  Secre- 
taij's  report  wore  so  recjntly  sent  in,  and  so 
universally  reprinted,  that  every  person  could 
h!Collect,  or  turn  to  their  contents,  and  verify 
I  lis  statement  upon  their  own  examination  or 


recollection.  Ho  would  verify  his  first  statr. 
mont  only  by  proofs,  and  for  that  piirixiso  wmil'l 
refer  to  the  ditnile<l  stntcniciits  (»f  the  pnMio 
exjK'n<lituri's,  coniniled  by  Van  Znndt  and  Wat- 
tcrston,  and  for  which  he  had  just  sont  to  t!i<J 
room  of  the  Secretary  of  the  Senat*.-.  Mr.  h. 
wouhl  take  the  years  l82"2-'3  ;  for  he  was  imt 
simple  euou^rh  to  take  tho  years  befori'  the  m"- 
duction  of  tho  army,  when  he  was  looking  f»r 
the  lowest  expenditure.  Four  thousand  nun 
were  disbanded,  and  had  remained  ilisband'.d 
ever  since ;  they  were  disbanded  since  he  came 
into  the  Senate ;  he  would  therefore  date  from 
that  reduction.  This  would  bring  him  to  the 
years  1822-';J,  when  you,  sir  (the  Vice-Presi- 
dent), was  Secretary  of  War.  AVhat  was  tho 
whole  expendituro  of  the  government  for  each 
of  those  years  1    Jt  stood  thus: 

1823,  15,:!  1-1, 171  00 

"  These  two  sums  include  every  head  of  ex- 
penditure— they  include  public  debt,  revolution- 
ary and  invalid  pensions ;  three  heads  of  tem- 
porary expeniUturc.  The  payments  on  account 
of  the  public  debt  in  those  two  years,  were — 


In  1822, 
1823, 


$7,818,919  12 
5,.o3O,01G  41 


'•  Deduct  those  two  sums  from  the  total  ex- 
penditure of  the  years  to  which  they  refer,  and 
you  will  have — 


For  1822, 
1823, 


^0,727,073  41 
9,784,155  69 


"  The  pensions  for  those  years  were — 

Revolutionnry.  Invalid.  Aggregate!, 

1822,  $1,042,590  94     tSO.I.OOg  46     $1,147,199  40 

1823,  1,449,097  04       331,491  48       l,73t  !)88  52 

"  Now,  deduct  these  pensions  from  the  years 
to  which  they  refer,  and  you  will  have  just  about 
^8,000,000  as  the  expense  of  working  the  mn- 
chinery  of  government  at  the  period  which  I 
had  in  my  eye.  But  the  pensions  have  nof,  yet 
totally  ceased ;  they  arc  much  diminished  since 
1822,  1823,  and  in  a  few  years  must  cease.  The 
revolutionary  pensioners  must  now  average 
seventy  years  of  age ;  their  stipends  will  soon 
cease.  I  hold  myself  well  justified,  then,  in  say- 
ing, as  I  did,  that  the  expenditures  of  the  govern- 
ment have  nearly  doubled  in  my  time.  The 
remark  had  no  reference  to  administratioiin. 
There  was  nothing  comparative  in  it ;  nothing 
intended  to  put  up,  or  put  down,  any  body. 
The  burdens  of  the  people  is  the  only  thing  I 
wish  to  put  down.  Si^  service  in  the  Seaate 
has  extended  under  three  administrations,  and 
my  periods  of  calculation  extend  to  all  tliree. 
My  opinion  now  is,  that  the  machinery  ol  this 
government,  after  the  payment  of  the  pubUc  debt, 
should  bo  worked  for  ten  millions  or  le  fl,  and 
two  millions  more  for  extraordinaries ;  '.n  all 
twelve  millions ;  but  this  is  a  point  for  future 
discussion.    My  present  object  is  to  show  a  great 


2:V2 


TIIIUTY  YPAKS'  VIEW 


inrrcnHo  in  a  sliort  time ;  ami  to  show  tliat,  not 
til  ntlW-t  ii)ili\iiliialH,  liiit  to  hIidw  the  iit('i'(.i<ity 
of  [iriv'tiniinj;  wlmt  wo  all  |iiofcH(« — (•coniptiiy.  I 
mil  n^'aill■.l  kicpinj;  up  u  nvcmu',  iifur  llu-  (lil)t 
uml  iifii>i()iis  (ire  |((li^i,  an  larp',  or  nearly  as  larjro, 
an  the  ixM-ndituri!  was  in  IX'2'2,  1H;2.'!,  with  these 
ifiins  incliidetl.  I  am  for  throwinjr  down  my 
loud,  wlii-n  I  net  to  the  rnd  of  my  joiinuy.  I 
iini  for  throwing;  off  the  hunlen  of  tht.'<I( '  ',  when 
1  (.'ft  to  the  end  df  the  dcht.  Thu  hurdi  i  of  the 
delit  is  tiic  taxes  levied  on  account  of  it.  I  am 
fr  aljolishinn  tlicso  taxes  ;  and  this  is  the  pn-at 
(piestion  upon  which  parties  now  ^^n  to  trial  be- 
fore the  American  i)Copie.  One  word  more,  and 
I  am  done  for  the  present.  The  Henator  for 
Maryland,  to  make  npa  p)odly  averape  for  IH'2'2, 
and  182;^.  adds  tho  e^iicnditurc  of  1824,  which 
includes,  besides  si.xteen  millions  and  a  half  for 
the  public  debt,  and  a  million  and  a  half  for  (k'h- 
sions,  the  sum  of  five  millions  for  the  purclia,-<e 
of  Florida.  Sir,  he  must  deduct  twenty-two 
millic  from  that  computation  ;  and  that  de- 
duction will  brinp  his  average  for  those  years  to 
agree  very  closely  with  my  statement." 

It  was  something  at  the  time  thi.'i  inquiry 
took  place  to  know  which  was  right — General 
Smith,  or  myself.  Two  millions,  more  or  less, 
per  annum  in  the  public  expenditures,  was  then 
something — a  thing  to  be  talked  about,  and  ac- 
counted for,  among  tlic  economical  men  of  that 
day.  It  seems  to  be  nothing  now,  when  the 
increases  are  many  millions  per  annum — when 
personal  and  job  legislation  have  become  the 
frequent  practice — when  contracts  are  legislated 
to  adventurers  and  speculators — when  the  halls 
of  Congress  have  come  to  be  considered  the  pro- 
per place  to  lay  the  foundations,  or  to  repair  the 
dilapidations  of  millionary  fortunes :  and  when 
the  public  flsc,  and  the  national  domain  may  con- 
sider themselves  fortunate  sometimes  in  getting 
off  with  a  loss  of  two  millions  in  a  single  opera- 
tion. 


CHAPTER    LXIII. 

BANK   OF  THE  UNITED   gTATE3-nEClI.VUTEIi 
COMMENCEMENT  OP  THE  PUOCEEDINGS. 

In  the  month  of  December  1831,  the  "National 
Republicans"  (as  the  party  was  then  called 
which  afterwards  took  the  name  of  "  whig),  as- 
sembled in  convention  at  Baltimore  to  nominate 
candidates  of  their  party  for  the  presidential,  and 
vice-presidential  election,  which  was  to  take 
place  in  the  autumn  of  the  ensuing  year     The 


nominations  were  ma<le — Henry  Clay  of  Ki;,. 
tucky,  for  President ;  and  John  Serpcnnt  i.j 
Pennsylvania  for  Vice-President:  ami  tliinii,,;. 
nations  acrejited  by  them  ret^poctively.  Afdr- 
wards,  and  according  to  what  was  ui^ual  on  mk  ;, 
occasioTw,  the  convention  issued  an  addnsst 
tho  people  of  the  United  States,  settin;,'  ffipfti 
the  merits  of  their  own,  and  the  demerits  (jf  t!,, 
oi)poHitc  candidate;  and  presenting  the  party 
issues  w  hich  wen  to  be  tried  in  the  ensuii;- 
elections.  So  far  as  thcFo  issues  were  political 
they  wert  ii'gitimate  subjects  to  plare  before  ti,o 
people:  so  far  as  they  were  not  political,  tiny 
were  illegitimate,  and  wrongfully  (Imppcd  int) 
the  political  arena,  to  be  made  subservient  to 
party  elevation.  Of  this  character  were  the  tdfi.  < 
of  tho  tariff,  of  internal  improvement,  the  n- 
moval  of  tho  Cherokee  Indians,  and  the  rcnoHal 
of  tlie  United  States  Bank  charter.  Of  tlic-t' 
four  subjects,  all  of  them  in  their  nature  uncon- 
nected with  politics,  and  requiring  for  their  own 
good  to  remain  so  unconnected,  I  now  notice  but 
one — that  of  the  renewal  of  the  charter  of  tl.o 
existing  national  bank ; — and  which  was  ncm- 
presented  as  a  party  object,  and  as  an  issue  in 
tho  election,  and  under  nil  the  exaggerated  tiv 
pccts  which  party  tactics  consider  lawful  in  the 
prosecution  of  their  aims.    The  address  said: 

"Next  to  the  great  measures  of  policy  which 
protect  and  encourage  domestic  industry,  tlio 
most  important  question,  connected  with  tlic 
economical  policy  of  the  country,  is  that  of  tin' 
bank.  This  great  and  beneficial  institution,  hy 
facilitating  exchanges  between  different  parts  oi' 
the  Union,  and  maintaining  a  sound,  ample,  ami 
healthy  state  of  the  currency,  may  be  said  to 
supply  tho  body  politic,  economically  viewed, 
with  a  continual  stream  of  life-blood,  without 
which  it  must  inevitably  languish,  ond  sink  into 
exhaustion.  It  was  first  conceived  and  organ- 
.ted  by  the  powerful  mind  of  Hamilton.  After 
having  been  temporarily  shaken  by  tho  honest 
though  groundless  scruples  of  other  statesmen, 
it  has  been  recalled  to  existence  by  the  general 
consent  of  all  parties,  and  with  the  universal  ap-  i 
probation  of  the  people.  Under  the  ablest  and  I 
most  faithful  management  it  has  been  for  muny 
yeijrs  past  pursuing  a  course  of  steady  and  con- 
sfcvntly  increasing  influence.  Such  is  the  institu- 
tion which  the  President  has  gone  out  of  his  wiiy 
in  several  successive  messogeSj  without  a  pretence 
of  necessity  or  plausible  motive,  in  the  first  in- 
stance six  years  before  his  suggestion  could  with 
any  propriety  be  acted  upon,  to  denounce  to  I 
Congress  as  a  sort  of  nuisance,  and  consign,  i 
fur  as  his  influence  extends,  to  immediate  dc  I 
struction.  - v   """ 


ASXO  188J.    ANDREW  JACKSON.  rilESlDENT. 


'J33 


■  For  thin  «lcniinciation  no  prrtoxt  of  tiijr  wfr 
I'litt-  mi>tiv<<  ix  aMrtipiiHl.  At  a  tiino  when  tht- 
3^.titiit'nn  ia  known  t<>  nil  to  l>v  in  the  nio.st 
fiSck'nt  nnil  prositcroiis  stiito — to  Ik;  iloiii^r  nil 
[lyt  any  bank  ever  <li<l  or  ciin  ilo,  wc  arc  liriflly 
1,11  ill  tun  word.4,  that  it  hit8  not  i>trt'ct«<l  the 
Jiiiffi-i  for  which  it  wan  inHtitutod.  and  niiiHt  Ik> 
I'Ailixhed.  Another  institution  is  reconinieiided 
1,  a  sutiKtitutc,  which,  so  far  a.s  the  description 
tivt'ii  of  it  can  be  undiTHtood,  woulil  Ihj  no  better 
tiLin  a  ninchine  in  the  hands  of  the  p;ovemnient 
i,:  fuliricatinp;  and  iHsiiin);  paper  luonoy  without 
ihcck  or  rcsiionsibilitv,  in  hia  recent  niesxaf^ 
;aOt)n;,'rcs«,  the  President  declares,  for  the  third 
imo,  hi'*  opinion  on  these  subjects,  in  tlio  same 
.oncise  ami  nntijoritative  style  as  before,  and  Ul- 
timate' that  lie  siiall  consuler  his  re-election  as 
jn  expression  of  tl»o  opinion  of  the  people  that 
ihiv  oiiuht  to  be  acted  on.  If,  therefore,  the 
l'rc>i<lont  be  re-elected,  it  may  Iks  conHi<lerc<l 
(ortaiii  that  the  bank  will  bo  abolished,  and  the 
innitution  wiiich  ho  has  recommended,  or  sorac- 
ihin;:  like  it,  substituted  in  its  place. 

•Arc  the  people  of  the  United  States  prepared 
for  this  ■?  Arc  they  ready  to  destroy  one  of  their 
most  valuable  establishments  to  gratify  the  ca- 
price of  a  chief  magistrate,  who  reasons,  and  ad- 
vises upon  a  subject,  with  the  details  of  which  ho  is 
evidently  unacquainted,  in  direct  contradiction  to 
the  opinion  of  his  own  official  counsellors  ?  Are 
lilt'  enterprising,  liberal,  high-minded,  and  intel- 
ijjciit  vierchaida  of  the  Union  willing  to  coun- 
t.nance  such  a  measure  ?  Are  the  cultivators 
of  the  West,  who  find  in  the  Bank  of  the  United 
<tatc3  a  ncvcr^failing  source  of  that  capital, 
irhich  is  so  essential  to  their  prosperity,  and 
jfhich  thoy  can  get  nowhere  else,  prepared  to 
tad  their  aid  in  drying  up  the  fountain  of  their 
(i»n  prosperity?  Is  there  any  class  of  the 
people  or  section  of  the  Union  so  lost  to  every 
R'ntiment  of  common  prudence,  so  regardless  of 
all  the  principles  of  republican  government,  as 
to  jilaco  in  the  hands  of  the  executive  depart- 
ment the  means  of  an  irresponsible  and  unlim- 
ited issue  of  paper  money— in  other  words,  the 
means  of  corruption  without  check  or  bounds  ? 
If  such  bCj  in  fact,  the  wishes  of  the  people,  they 
will  act  with  consistency  and  propriety  in  voting 
f)r  General  Jackson,  as  President  of  the  United 
States;  for,  by  his  re-election,  all  these  disas- 
trous effects  will  certainly  be  produced.  He  is 
fally  and  throe  times  over  ple»lged  to  the  people 
to  negative  any  bill  that  may  be  passed  for  re 
chartering  the  bank,  and  tborc  is  little  doubt 
that  the  additional  influence  which  he  would 
icquire  by  a  re-election,  would  be  employed 
to  carry  through  Congress  the  extraordinary 
substitute  which  he  has  repeatedly  proposed." 

Thus  the  bank  question  was  ftilly  presented 
I  u  an  issue  in  the  election  by  that  part  of  its 
I  friends  which  classed  politically  against  Presi- 
Uent  Jackson;   but  it   had   also   democratic 


friends,  without  whose  aid  thp  rcohartcr  could 
not  Ik."  pit  throUfrh  t'i)ii^n'e>'« ;  nii'l  tlif  reciilt 
produced  which  was  r<>nteni|i!ated  with  Iio|h> 
ami  pleasure — reK|>onsiliility  of  a  vi  to  thrown 
upon  the  President.  Tin-  consent  of  this  wiii^j 
was  necessary :  ami  it  was  obtained  as  related 
in  a  previous  chapter,  through  tliu  instrumen- 
tality of  a  caiiciirt — that  contrivance  of  nuKlern 
invention  by  which  a  few  govern  many — by 
which  the  many  are  not  only  led  by  the  few,  but 
subjugated  by  them,  and  turned  nuniiist  them- 
selves :  and  after  having  perftmned  at  the  cau- 
cus 08  afisriiranle  (to  make  up  a  ninjority),  1k«- 
como  real  actors  in  doinj^  what  they  condemn. 
The  two  wings  of  the  bank  friends  were  broii^jht 
together  by  this  machinery,  as  already  related 
in  chapter  l.\i. ;  and  ojicrations  for  the  ww  char- 
ter immediately  commenced,  in  conformity  to 
the  decision.  On  the  9th  day  of  January  the 
memorial  of  the  President,  Directors  &  Com- 
pany of  the  Bank  was  presented  in  each  House 
—by  Mr.  Dallas  in  the  Senate,  and  >Ir.  McDuflie 
in  the  House  of  Representatives ;  and  while  con- 
demning the  time  of  bringing  forward  the  ques- 
tion of  the  rechartcr,  Mr.  Dallas,  in  further  inti- 
mation of  his  previously  signified  opinion  of  its 
then  dangerous  introduction,  said:  "He  became 
a  willing,  as  ho  was  virtually  an  instructed 
nfrent,  in  promoting  to  the  extent  of  his  humble 
ability,  an  object  which,  however  dangcrniishj 
timed  ils  introduction  jnight  seem,  was  in  itself 
as  he  conceived,  entitled  to  every  consideration 
and  favor."  Mr.  Dallas  then  moved  for  a  select 
committee  to  revise,  consider,  and  report  upon 
the  memorial — which  motion  was  granted,  and 
Messrs.  Dallas,  Webster,  Ewingof  Ohio,  Hayne 
of  South  Carolina,  and  Johnston  of  Louisiana, 
were  appointed  the  committee — elected  for  that 
purpose  by  a  vote  of  the  Senate — and  all  except 
one  favorable  to  the  recharter. 

In  the  House  of  Representatives  Mr.  McDuffie 
did  not  ask  for  the  same  reference — a  select 
committee — but  to  the  standing  committee  of 
Ways  and  Means,  of  which  he  was  chairman, 
and  which  was  mainly  composed  of  the  same 
members  as  at  the  previous  session  when  it  re- 
ported so  elaborately  in  favor  of  the  bank.  The 
reason  of  this  diiferenco  on  the  point  of  the 
reference  was  understood  to  be  this :  that  in  the 
Senate  the  committee  being  elective,  and  the 
majority  of  the  body  favorable  to  the  bank,  a 
fiivorable  committee  was  certain  to  be  hod  nu 


^y 


;■;! 


^f'.'!     ; 


''  '  I 


ili''. 


234 


tiii[;ty  ykarv  vii:w 


liullot— wliilu-  ill  tlio  lioiiHu  the  a|i|Nitntinrnt  of 
tliu  Miiiiiiiiitcu  IhIii);  in  the  Imiidt  of  the  Spc-akiT 
(Mr.  SU'vciiHoii),  ami  lio  ttdviT'c  t<»  tliu  iimtitu- 
tioii,  till!  caiiio  riiv'iralilo  axiilt  louM  not  \ic  niUvly 
« I'uiit'Ml  on  ;  and,  tlKTtforc,  the  m;li'Ct  coininittcf 
was  uviiidcd,  and  tliu  onu  kiir)Wii  to  Im'  riivoralilc 
was  pri  liind.  TIiIm  lid  to  an  lulvcrse  motion  to 
rt'lrr  toaM'irct  coniiiiittoo — in  tiii|i|iort  of  which 
inolioii  Mr.  WayiU!  of  (Jt'or;;ia,  hIiicc  appointed 
oi.f  of  tlif  juHtici'H  of  the  .Siijin-'iiie  Court,  said: 

'•  That  he  liad  on  a  former  occii.-«ion  cxprcwtod 
Ills  oliji'clion  to  the  refori'iico  of  this  suliji'ct  to 
tilt'  ('oiiiinittcc  of  Way^i  and  Meant*;  and  he 
hhi'ihl  not  trouble  tlie  House  hy  repeating  now 
whiit  ho  liad  advaiiccil  at  the  comniiiicc'iiient  of 
the  Ko.sHion  in  favor  of  the  njipoiiitnient  of  a  se- 
li'Ct  committee  ;  liiit  he  calleil  upon  gentlemen 
to  considir  what  was  the  attitude  of  the  Com- 
mittee of  Ways  and  Means  in  reference  to  the 
Iciiik  fiiu'stion,  and  to  compare  it  witli  the  atti- 
t.iidu  ill  wliieli  tliat  iiuestion  had  been  pn'Rented 
to  the  House  by  the  President  of  tlio  United 
NtateH  ;  and  lie  would  ask,  whether  it  wan  not 
manifestly  proper  to  Bubmit  the  memorial  to  a 
eommittee  entirely  uncommitted  upon  the  sub- 
ject. JJut  this  was  not  the  object  for  which  he 
had  risen  ;  the  present  question  liad  not  como 
upon  him  unexpectedly;  ho  had  been  aware 
before  ho  entered  the  House  that  a  memorial 
of  this  kind  would  this  morning  be  presented  ; 
and  when  he  looked  back  upon  the  occurrences 
of  the  last  four  weeks,  and  remembered  what 
had  taken  place  at  a  late  convention  in  Balti- 
more, and  the  motives  which  had  been  avowed 
fur  brin)2;inK  forward  the  subject  at  this  time, 
he  must  say  that  pentlemen  ought  not  to  per- 
mit a  petition  of  this  kind  to  receive  the  atten- 
tion of  the  House.  Who  could  doubt  that  the 
presentation  of  that  memorial  was  in  fact  a 
party  measure,  intended  to  have  an  important 
operation  on  persons  occupying  the  highest 
otiices  of  tlio  povcrnmcnt  1  If,  however,  ii. 
should  be  considered  necessary  to  enter  upon 
the  subject  at  the  present  time,  Mr.  Wayne 
said  he  was  prepared  to  meet  it.  But  when 
pentlemen  saw  distinctly  before  their  eyes  the 
motive  of  such  a  proceeding,  he  hoped  that,  not- 
withstanding there  might  be  a  majority  in  the 
House  in  favor  of  the  bank,  gentlemen  would 
not  lend  themselves  to  that  kind  of  action. 
Could  it  be  necessary  to  take  up  the  question 
of  rechartering  the  bank  at  the  present  session  ? 
Gentlemen  all  knew  that  four  years  must  pass 
before  its  charter  would  expire,  and  that  Con- 
gress had  power  to  extend  the  period,  if  further 
time  was  necessary  to  wind  up  its  affairs.  It 
was  known  that  other  subjects  of  an  exciting 
character  must  come  up  during  the  present  ses- 
sion ;  and  could  there  bo  any  necessity  or  pro- 
priety in  throwing  additional  matter  into  the 
House,  calculated  to  raise  that  e\cJtement  yet 
Sigher?" 


>Ir.  .MrDufllc  abnojvrd  himself  from  nil  n,,^, 
nection  with  the  Baltimore  natioiiiil  h  |iii>,i|,.i^ 
convention,  and  claimed  like  absolution  fur  ||„ 
dirwtory  of  the  luiiik  ;  and  intimated  tluit  i 
caucuii  ainnultatioii  to  which  deniociutie  m.in. 
lurs  were  party,  had  led  to  the  prtscntuticin  ,  f 
the  memorial  at  this  time  ; — an  intinmtiDu  « i,. 
tirely  true,  only  it  nhuuld  have  coniiirihituL^l 
all  the  friends  of  the  bank  of  both  politiral  uir- 
ties.  A  ninning  debate  took  place  on  tlni,! 
motions,  in  which  many  members  ciii-njrKl, 
Admitting  that  the  parliamentary  law  reiimi  ,| 
a  friendly  conimitteo  for  the  applicatinti,  it  was 
yet  urged  that  that  committee  should  he  a  f,.. 
lect  one,  charged  with  the  single  subject,  nml 
with  leisure  to  make  investigations  ;— wlijch 
leisure  the  Committee  of  Ways  did  not  possits 
— and  could  merely  report  as  formerly,  aii'l 
without  giving  any  additional  inforniation  to 
the  House.     Mr.  Archer  of  Virginia,  suid : 

"  As  regarded  the  disposal  of  the  iminoriaj,  it 
appeared  clear  to  him  that  a  select  (i>iiiiiiitti.i: 
would  be  the  projier  one.  This  had  Ijuin  the 
disposal  adopted  with  all  former  memorials. 
Why  vary  the  mode  now  ?  The  subject  \vii>  i,{ 
a  magnitude  to  entitle  it  to  a  special  cuiiiiuitii,. 
As  regarded  the  Committee  of  Ways  uml  Means, 
with  its  im|)ortant  functions,  were  not  its  handj 
to  bo  regarded  as  too  full  for  the  great  attention 
which  this  matter  nmst  demand  ?  It  was  tu  If 
remarked,  too,  that  this  committee,  at  a  fornur 
session,  with  littlo  variety  in  its  'Muniioi'ltioii, 
had,  in  the  most  formal  manner^  e.\i)ic;,scd  its 
opinion  on  the  great  question  involvi.il.  \\'c 
ought  not,  as  had  been  said,  to  put  the  memorial 
to  a  nurse  which  would  strangle  it.  Neitlitr 
would  it  bo  proper  to  send  it  to  an  inciuest  in 
which  its  fate  had  been  prejudged.  Let  it  go  t ) 
cither  the  Committee  of  A\  ays  and  Means,  or  a 
select  committee ;  the  chairman  of  that  coininlt- 
tee  rould  stand  as  he  ought,  in  the  same  i  elatiuii 
to  it.  If  the  last  disposal  were  adopted,  too,  the 
majority  of  the  committee  would  consist,  undir 
the  usage  in  that  respect,  of  friends  of  the  mea- 
sure. The  recommendation  of  this  mode  wa-, 
that  it  would  present  the  nearest  approicli  to 
equality  in  the  contest,  of  which  the  cuiso  ad- 
mitte<l. 

"  Mr.  Mitchell,  of  South  Carolina,  said  thai 
he  concurred  entirely  in  the  views  of  his  fricrnl 
from  Georgia  [Mr.  Wayne],  lie  did  not  think 
that  the  bank  question  ought  to  be  taken  up  At 
all  this  session ;  but  if  it  were,  it  ought  niost 
unquestionably  to  bo  referred  to  a  se.ect  com- 
mittee. He  saw  no  reason,  however,  for  its 
being  referred  at  all.  The  member  fiom  South 
Carolina  [Mr.  McDuffie]  tells  us,  said  Mr.  lU 
that  it  involves  the  vast  amount  of  fifty  niillionj 
of  dollars ;  that  this  is  dispersed  to  every  dm 


•Mr.  Charles  Johi 


ANNO  ls3i.    ANDUEW  JACK}*OX,  rUDilDKNT 


233 


(frtiipU'  In  our  wi<I<ly  »  xti'ndcd  countrv ;  «»i<l  | 
•  liio  i|iu')>ti(>ri  nf  ri'«'liartiTiiiK  wi'iv  not  ilici<lf<| 
,,  t ,  it  wuiiM  huziinl  li\'M'  funai  nii<l  r(ini|>li<-nt<'<l 
tirolK.  Mr.*  M.  Kiiiil  ln'  altirlicd  no  ini|M(r- 
:;,ii(v  til  tliif  nrifiiinciit,  'I  lie  i<t<"-klioIilcrM  wlio 
i.ict  lately  At  ri)ila<U'l|>lii»  tli()n(.'lit  dilUn-ntly, 
I,  r,  liv  a  soli'inii  rtV'M'liition,  tlioy  lift  it  «li>fru- 
i  iiiiry  **■"''  '''^'  prej-i'li'iit  of  tliu  Itnnk  to  |iro|)oso 
I'lv  i|iir.">tioii  to  C'oiinri'SM  when  liu  miw  lit.  If 
',,vliiiil  tlioM;;lit  timt  a  |)OHt|ioiM<ni('i.t  would 
,;i\(iiidan>{iTud  thi'ir  intcrt'stH,  woiilil  tluy  not 
liivc  Hiiid  HO  ?  TluH  fait  doi'H  nwny  lIu'  m'lrii- 
II, lit  iif  tlio  ininiljtT  from  South  IViroliiii'.  Tlir- 
lank  iiui'slion  was  dccidi-d  liy  tho  Htroujti-st 
|,,riy  (|Uistion  whioh  could  l)c  put  to  this  or 
:.iiv  llnusi'.  It  luiH  hccn  twicu  discussi'd  within 
J  WW  yi'ftrs.  1 1  wos  ri-jti-tt'd  once  in  tho  Senate 
i  V  tlic  vote  of  the  Vice-l'rcHident,  and  it  afler- 
huriU  tinsHcd  thi.s  IIuuHe  with  a  majority  uf  two. 

II  Honld  divide  tho  whole  country,  and  excite 
,11  ilmt  iloor,  feclinp;8  of  tho  most  cxas])cratcd 
Ihttoi  iiL'Ks.  Not  a  party  question  ?  Docs  not 
liio  monibiT  from  South  Carolina  [Mr.  McDulUeJ 
pmrinlivr  that  this  question  divided  the  country 
iitii  federalists  and  republicans  7  It  was  a  great 
I'listitutional  question,  and  he  ho)ied  all  those 
niio  thought  with  him,  would  rally  against  it 

III  nil  their  Htreiigth.  Hut  why  refer  it  to  the 
(ominittc  of  Ways  and  Means  ?  It  was  com- 
iiiitti'd  before  to  u  select  committee  '^"  national 
(iirrenoy.  if  the  question  was  merely  financial, 
i<  whether  wo  shotdd  sell  our  stock,  and,  if  wc 
iliil,  whether  wc  should  sell  it  to  the  bank,  he 
wuuld  not  oliicct  to  its  beini;  referred  to  the 
C'niinittee  of  Ways  tend  Means.  But  it  was  not 
a  question  of  revenue.  It  was  one  of  policy  and 
the  constitution — one  of  vast  magnitude  and  of 
the  greatest  complexity — re(Hiiring  a  committee 
of  the  most  distinguishe<l  abilities  on  that  lioor. 

.  It  was  a  party  question  in  reference  to  men  and 
things  out  of  doors.  Those  who  deny  this,  must 
he  blind  to  every  thing  around  them — we  hear 
it  every  where — wo  seo  it  in  all  which  wo  read. 
Mr,  we  have  now  on  hand  a  topic  which  must 
cnLToss  every  thought  and  feeling — a  topic  which 
[■crimps  involves  the  destinies  of  this  nation — a 

I  toiiic  of  such  magnitude  as  to  occupy  us  tho  re- 
mainder of  the  session ;  I  mean  tho  tarifi*.  I 
JKipe,  therefore,  this  memorial  will  bo  laid  on  the 
t.ihle.  and,  if  not,  that  it  will  bo  referred  to  a 

I  relict  committee." 

Jlr.  Charles  Johnston,  of  Virginia,  said : 

•  The  bank  has  been  of  late  distinctly  and  re- 

I  peate«lly  charged  with  using  its  funds,  and  the 
ids  of  the  people  of  these  States,  in  operating 

I  iijion  and  controlling  public  opinion.  He  did  not 
mean  to  express  any  opinion  as  to  the  truth  or. 
lalsehood  ol  this  accusation,  but  it  was  of  sufli- 
liciit  consequence  to  demand  an  accurate  in- 
'|iiiry,    Tho  bank  was  further   charged  with 

■  violating  its  charter,  in  the  issue  of  a  great 
■umber  of  small  drafts  to  a  large  amount,  and 

I  juvable,  in  the  language  of  the  honorabl»mcmber 


from  N'fw-\  ork  |.Mr.  ('nnilirrhii^),  •  i ''wlurf ;' 
tliJH  rharv<',  i«l><>,  d>">t'r\i'd  inquiry.  'I  ik  n*  «»i«» 
iitlitr cliurgcN ol'iiiikltuluiMiiKlratiiiii  wlm  li  "i|iiully 
<les«r\iM|  iiii|iiiry  ;  unci  it  was  hiw  (Mr  .l.'-|  ui 
tentiou,  ut  n  fiiliiii'  day,  unl<>s  M'Uie  i>tl.>.> 
gentli'Umn  tnore  Nericd  ui  the  liM>iin>H  of  tin- 
House  uiitieipitlt'd  him,  to  press  thcM.-  inquiriiH 
by  a  series  of  iiirtiiictioiis  to  tint  eouiuiiltni 
intrusti^l  with  the  subjicl.  Mr.  J.  ur^i'*!  as  uii 
objiftion  to  relVrring  this  inquiry  to  ilie  Coiu- 
mitteo  of  \\tt\H  and  .Means,  that  so  much  of 
their  time  would  Ik'  occiqiied  with  the  regular 
and  inqK)rtant  busiiu'ss  connected  with  theilseal 
operations  of  the  government,  that  they  could 
not  hpare  labor  enough  to  aceoinpli.sli  tlieminutr 
investigations  wanttnl  at  tht^ir  hands.  We  had 
Ikou  further  told  that  all  the  memlKTS  of  th:it 
committee  were  friendly  to  tho  projirt  of  rc- 
chaitering  the  bank, and  t'  e  honorable gentleninii 
[Mr.  Mercer]  had  relied  jion  tho  fact,  as  a  fair 
exiKinent  of  public  opinion  in  favor  of  th>  bank. 
He  [Mr.  J.J  lulded,  that  although  ho  could  by 
no  mean<i  assent  to  the  force  of  this  rem  ik,  yet 
that  it  furnished  strong  r  son  for  : ''osc  who 
wished  a  close  scrutiny  of  Hie  adminiriration  of 
the  bank,  to  wish  some  gentlemen  placed  on  tho 
committee  of  inquiry,  wlio  wotdd  be  actuated  'y 
tho  zeal  uf  fair  opposition  to  the  bank  ;  he  con- 
ceded that  a  miijority  of  tho  comm  e  shoula 
Ix)  compo.sed  of  its  friends.  He  c  i.clii  led,  bj' 
hoping  that  the  memorial  would  b  leftiiedto 
a  select  committee." 

Finally  tho  vote  was  taken,  and  the  memorial 
referred  to  the  Committee  uf  Ways  and  Means, 
but  by  a  slender  majority — 100  against  'JO — ai.d 
24  members  absent,  or  not  voting.  Tho  mem- 
bers of  the  committee  were:  Messrs.  McDuIHi, 
of  South  Carolina ;  Ver[)lanck  of  New- York ; 
Ingcrsoll,  of  Connecticut ;  Gilmorc,  of  Pennsyl- 
vania ;  Mark  Alexander,  of  Virginia ;  Wilde,  of 
Georgia;  and  Gaithtr, of  Kentuckv. 


C  II  V  P  T  E  11   L  X  I  V. 

BANK  OF  TUi;  UNITED  STATKS-COMMITTEE  OF 
INVKVriGATlON  OUDEUEl). 

Skeing  the  state  of  parties  in  Congress,  andtfio 
tactics  of  the  bank — that  there  was  a  majority 
in  earh  House  for  the  institution,  and  no  inten- 
tion to  lose  time  in  arguing  for  it — our  course 
uf  action  became  obvious,  which  was — to  attack 
incessantly,  assail  at  all  points,  display  the  evil 
of  the  institution,  rouse  the  jicople — and  prepare 
them  to  sustain  the  veto.    It  was  seen  to  be  the 


r 


„1^' 


i,i 


'  ;-•: 


I    , 


SS6 


THIRTY  YE.\IW  VIF.W. 


policy  of  till'  bank  leaders  to  rnrry  the  clinrier 
li'st,  and  qtiittly  throuf;h  the  Stimte  ;  and  after- 
wards, in  the  Hanic  way  in  the  House.  We 
determined  to  have  a  contest  in  both  j)laccs,  and 
to  force  the  bank  into  defence.-  which  woultl 
enfrafio  it  in  a  {general  combat,  and  lay  it  open 
to  Kide-blow,  as  well  as  direct  attacks.  With 
this  view  a  great  many  amendments  and  inqui- 
ries were  prepared  to  be  ofTered  in  the  Senate, 
all  of  them  proi)cr,  or  plausible,  rccommendablo 
in  themselves,  and  supported  by  acceptable 
reasons ;  which  the  friends  of  the  bank  must 
either  answer,  or  riyect  without  answer ;  and 
eo  incur  odium.  In  the  House  it  was  determined 
to  make  a  move,  which,  whether  rcsistid  or 
admitted  by  the  bank  majority,  would  bo  certain 
10  have  an  eflfect  against  the  institution — namely, 
on  investigation  by  a  committee  of  the  House, 
as  provided  for  in  the  charter.  If  the  investi- 
gation was  denied,  it  would  be  guilt  shrinking 
from  detection ;  if  admitted,  it  was  well  known 
that  misconduct  would  bo  found.  1  conceived 
this  movement,  and  had  charge  of  its  direction. 
I  preferred  the  House  for  the  theatre  of  investi- 
gation, as  most  appropriate,  being  the  grand 
inquest  of  the  nation ;  and,  besides,  wished  a 
contest  to  be  going  on  there  while  the  Senate  was 
engaged  in  passing  the  charter ;  and  the  right 
to  raise  the  committee  was  complete,  in  cither 
House.  Besides  the  right  reaen-ed  in  the  char- 
ter, there  was  a  natural  right,  when  the  corpo- 
ration was  asked  for  a  renewed  lease,  to  inquire 
how  it  had  acted  under  the  previous  one.  I  got 
Mr.  Clayton,  a  new  member  from  Georgia  (who 
had  written  a  pamphlet  against  the  bank  in  his 
own  State),  to  take  charge  of  the  movement ; 
and  gave  him  a  niemorandum  of  seven  alleged 
breaches  of  the  charter,  and  fifteen  instances  of 
imputed  misconduct,  to  inquire  into,  if  he  pot 
his  committee ;  or  to  allege  on  the  floor,  if  he 
encountered  resistance. 

On  Thursday,  the  23d  of  February,  Mr. 
Clayton  made  his  motion — "  That  a  select  com- 
mittee be  ajipointed  to  examine  into  the  affairs 
of  the  Bank  of  the  United  States,  with  power  to 
Bend  for  persons  oud  papers,  and  to  report  the 
result  of  their  inquiries  to  the  House."  This 
motion  was  objected  to,  and  its  consideration 
postponed  until  the  ensuing  Monday.  Called 
up  on  that  day,  an  attempt  was  made  to  repulse 
it  from  the  consideration  of  the  Houl-c.  Mr. 
Watmougli,  a  representative  from  Pennsylvania, 


and  from  the  city,  a  friend  to  the  bank,  an(l  I 
from  his  locality  and  friendship  suppost'd  to 
familiar  with  its  wishes,  raised  the  quistion  , 
consideration — that  is,  called  on  the  Hour.  i,,  i 
decide  whether  they  would  consider  Mr.  ('h\  • 
ton's  motion  ;  a  question  which  is  onlv  niin,:  i 
under  the  parliamentary  law  where  the  nidti..- 
is  too  frivolous,  or  flagrantly  improper,  to  ri- 
ceive  the  attention  of  the  House.    It  was  a  fal„. 
move  on  the  part  of  the  institution ;  ami  tlir 
more  so  as  it  seemed  to  be  the  result  of  (klilxr- 1 
ation,  and  came  from  its  immediate  representa- 
tive.   Mr.  Polk,  of  Tennessee,  saw  the  advantaT.- 1 
presented ;  and  as  the  question  of  considerati,,:, 
was  not  debatable,  he  demanded,  as  the  onlv 
mode  of  holding  the  movement  to  its  rtspoii- 
sibility,  the  yeas  and  nays  on  Mr.  Watniou'-h's  I 
question.    But  it  went  off  on  a  different  point— 
a  point  of  order — the  question  of  consideration 
not  lying  after  the  House  has  taken  action  (ii 
the  subject ;  and  in  this  case  that  had  been  done 
— very  little  action  to  be  sure — only  iwstponin" 
the  consideration  from  one  day  to  another ;  but  I 
enough  to  satisfy  the  rule ;  and  so  the  motion  I 
of  Mr.  Watmough  was  disallowed;  and  tln-l 
question  of  consideration  let  in.    Another  move- 
ment was  then  made  to  cut  off  discussion,  and  j 
get  rid  of  the  resolution,  by  a  motion  to  lay  it 
on  the  table,  also  made  by  a  friend  of  the  bank  [ 
[Mr.  Lewis  Williams,  of  North  Carolina].    Thi 
motion  was  withdrawn  at  the  instance  of  Mr,  I 
McDuffie,  who  began  to  see  the  effect  of  these 
motions  to  suppress,  not  only  investigation,  but 
congressional  discussion  ;  and,  besides,  Mr.  Mc- 
Duffie was  a  bold  man,  and  an  able  debater, 
and  had  examined  the  subject,  and  reiwrted  in 
favor  of  the  bank,  and  fully  believed  in  its 
purity ;  and  was,  therefore,  the  less  averse  to 
debate.    But  resistance   to  investigation  was 
continued  by  others,  and  was  severely  animad- 1 
verted  upon  by  several  speakers — among  others, 
by  Mr.  Polk,  of  Tennessee,  who  said : 

"  The  bank  asks  a  renewal  of  its  charter ;  ami  I 
ought  its  friends  to  object  to  the  inquiry  ?    He 
must  say  that  he  had  been  not  a  little  surprised 
at  the  unexpected  resistance  which  had  been  df- 
ferred  to  the  resolution  under  consideration,  bv 
the  friends  and  admirers  of  this  institution— by  | 
those  who,  no  doubt,  sincerely  believed  its  con- 
tinued existence  for  another  term  of  twenty  yem  I 
to  be  essential  to  the  prosperity  of  the  country. 
He  repeated  his  surprise  that  its  friends  should 
be  found  shrinking  from  the  investigation  pro>  I 
posed.    He  would  not  say  that  such  resietano  ( 


AXXO  1831     ANDREW  JACKSON    PKI^Il'KNT. 


237 


i.fonlc<l  any  fair  ^onnJii  of  inference  that  there 
3i;ht  Ih)  sometliinR  "  ruttcn  in  the  state  of  Dcn- 
icirk."  He  would  not  cay  this ;  f<ir  he  did  not 
i„l  himwlf  authoriwxl  to  do  bo  ;  but  was  it  not 
niTa'ivcd  tliat  such  an  inference  might,  and 
j,n>l>a'>'y  would,  be  drawn  by  the  public  ?  On 
irtmt  (ground  was  the  inquiry  opposwl  ?  Was 
it  that  it  was  improper?  Was  it  that  it  was 
unusual  ?  The  charter  of  the  Iwink  itself  author- 
,a,l  a  committee  of  either  House  of  Congress  to 
ixunine  its  books,  and  report  upon  its  condition, 
(rliciiever  either  House  may  choose  to  institute 
in  examination.  A  committee  of  this  House, 
ujion  a  former  occasion,  did  make  such  an  ex- 
uuination,  and  he  would  refer  to  their  report 
U'foa'  he  sat  down.  Upon  the  presentation  of 
the  bank  memorial  to  the  other  branch  of  the 
;e<;i.<lature,  a  select  committee  had  been  invested 
vritli  power  to  send  for  persons  and  papers,  if 
tbev  chose  to  do  so.  When  the  same  memorial 
yiis  presented  to  that  Hou.se,  what  had  been  the 
course  pursued  by  the  friends  of  the  bank  ?  A 
motion  to  refer  it  to  a  select  committee  was  op- 
posed. It  was  committed  to  their  favorite  Com- 
loittcc  of  Ways  and  Means.  He  meant  no  dis- 
re<-pcct  to  that  committee,  when  he  said  that  the 
question  of  rechartering  the  bank  was  known  to 
lave  been  prejudged  by  that  committee.  When 
the  President  of  the  United  States  brought  the 
tuliject  of  the  bank  to  the  notice  of  Congress  in 
December,  182'J,  a  select  committee  was  refused 
bv  ttic  friends  of  the  bank,  and  that  portion  of  the 
uiessage  was  referred  to  the  Committee  of  Ways 
and  .Moans.  Precisely  the  same  thing  occurred 
at  the  commencement  of  the  last  and  at  the  pre- 
.  lit  session  of  Congress,  in  the  reference  which 
«as  made  of  that  part  of  the  messages  of  the 
President  upon  the  subject  of  the  bank.  The 
irieads  of  this  institution  have  been  careful  al- 
ways to  commit  it  to  the  same  committee,  a 
coiiimitteo  whose  opinions  were  known.  Upon 
the  occasion  first  referred  to,  that  committee 
made  a  report  favorable  to  the  bank,  which  was 
Kilt  forth  to  the  public, — not  a  report  of  facts. 
Hut  a  report  founded  ui)on  an  examination  into 
the  aifairs  of  the  bank.  At  the  present  session, 
we  were  modestly  asked  to  extend  this  bank 
monopoly  for  twenty  years,  without  any  such 
examination  having  taken  place.  The  committee 
had  reported  a  bill  to  that  effect,  but  had  given 
us  no  facts  in  relation  to  the  present  condition 
of  the  bank.  They  had  not  even  deemed  it  ne- 
cessary to  ask  to  be  invested  with  power  to  ex- 
amine either  into  its  present  condition,  or  into 
the  manner  in  which  its  aOairs  have  been  con- 
ducted. 

"He  would  now  call  the  attention  of  the  House 
to  tiif  examination  of  the  bank,  made  by  a  com- 
mittee of  this  House  in  the  year  1819,  and  under 
the  order  of  the  House.  lie  then  held  the  re- 
Jtort  of  that  committee  in  his  hand.  That  com- 
mittee visited  the  bank  at  Philadelphia ;  they 
examined  its  books,  and  scrutinized  its  conduct. 
Ihcy  examined  on  oath  the  president,  a  part  of 
the  directors  and  oiHucrs  of  the  bank.    A  nd  what 


was  the  result?  They  di(-oovond  many  and 
flagrant  abus«'.'4.  T'.iey  foun  1  tliat  tlie  ohartir 
had  licen  violated  in  <iivors  particulars,  and  tliey 
so  rejwrted  to  tliis  House  lie  would  not  tlitniii 
the  Iloust^  however,  with  the  details  of  that 
document,  (ientleuun  could  nRr  to  it,  and 
satisfy  themHclves.  It  contained  mtu'li  valuable 
information,  at^  bearing  u|)on  the  proiHJ.fition  now 
before  the  House.  It  was  suflioient  to  say  that 
at  that  periixl,  within  throe  years  after  the  bank 
had  gone  into  existence,  it  was  upon  the  very 
verge  of  bankruptcy.  This  the  gentleman  from 
South  Carolina  would  not  deny.  The  report  of 
the  committee  to  which  he  had  alluded  author- 
ized him  to  say  that  there  had  been  gross  mis- 
management, he  would  not  use  any  stronger 
term,  and  in  the  opinion  of  that  committee  ^an 
opinion  never  reversed  by  Congress)  a  palpable 
violation  of  the  charter.  Now  sir,  this  was  the 
condition  of  the  bank  in  1819.  The  indulgence 
of  Congress  induced  theiu  not  to  revoke  the 
charter.  The  bank  had  gone  on  in  its  opera- 
tions. Since  that  period  no  investigation  or  ex-  , 
amination  had  taken  place.  All  we  knew  of  it« 
doings,  since  that  i)eriod,was  from  the  e.v  part'* 
reports  of  its  own  officers.  These  nmy  all  b* 
correct,  but,  if  they  be  so,  it  could  do  uc  harm  U' 
ascertain  the  fact." 

Mr.  Clayton  then  justified  his  motion  for  th« 
committee, _^r»t  upon  the  provisions  of  the  char 
ter  (article  23)  which  gave  to  either  House  of 
Congress  the  right  at  all  times  to  a{)point  a  com 
mittee  to  inspect  the  books,  and  to  examine  in 
to  the  proceedings  of  the  bank ;  and  to  reporl 
whether  the  provisions  of  the  charter  had  been 
violated ;  and  he  treated  as  a  revolt  against  this 
provision  of  the  charter,  as  well  as  a  sign  of 
guilt,  this  resistance  to  an  absolute  right  on  the 
part  of  Congress,  and  most  proper  to  be  exercised 
when  the  institution  was  soliciting  the  continu- 
ation of  its  privileges ;  and  which  right  had  been 
exercised  by  the  House  in  1819,  when  its  com- 
mittee found  various  violations  of  the  charter, 
and  proposed  a  scire  facias  to  vacate  it ; — which 
was  only  refused  by  Congress,  not  for  the  sake 
of  the  bank,  but  for  the  community — whose  dis- 
tresses the  closing  of  the  bank  might  aggravate. 
Next,  he  justified  his  motion  on  the  ground  of 
misconduct  in  the  bank  in  seven  instances  of 
violated  charter,  involving  forfeiture ;  and  fifteen 
instances  of  abuse,  which  required  correction, 
though  not  amounting  to  forfeiture  of  the  char- 
ter. All  these  he  read  to  the  Hotisc,  one  by 
one,  from  a  narrow  slip  of  paper,  which  he  con- 
tinued rolling  round  his  finger  all  the  time. 
The  memorandum  was  mine — in  my  handwrit- 
i»g — given  to  him  to  copy,  and  amplify,  as  the^' 


*  • 


23S 


THIRTY  YELVnS'  VIEW. 


were  brief  mcniornnfla.  lie  had  not  copied 
them;  and  liaviiif;  to  justify  puddenly,  he  used 
tl»e  slip  I  had  given  him — rojlinfr  it  on  his  finpcr. 
as  on  a  cylinder,  to  prevent  my  handwritmg 
from  being  seen  :  so  lie  afterwards  told  me  him- 
self. Tlic  reading  of  these  twenty-two  heads  of 
accusation,  like  so  many  counts  in  an  indict- 
ment, nprung  the  friends  of  the  bank  to  their 
feet — anil  its  foes  also — each  finding  in  it  some- 
thing to  rouse  them — one  to  the  defence,  the  other 
to  the  attack.  The  accusatory  list  was  as  fol- 
lows : 

"FinsT:  Vluhitions  of  charier  amounling 
toforfcilnre : 

"  1.  The  issue  of  seven  millions,  and  more,  of 
branch  bank  orders  as  a  currency. 

"  2.  Us\iry  on  broken  bank  notes  in  Ohio  and 
Kentucky:  nine  hundred  thousand  dollars  in 
Ohio,  and  nearly  as  much  in  Kentucky.  See  2 
Peters'  lleports,  p.  527,  as  to  the  nature  of  the 
case. 

"  3.  Domestic  bills  of  exchange,  disguised  loans 
to  tako  more  than  at  the  rate  of  six  per  cent. 
Sixteen  millions  of  these  bills  for  December  last. 
See  monthly  statements. 

4.  Non-user  of  the  charter.  In  this,  that 
n-om  1819  to  1820,  a  period  of  seven  years,  the 
South  and  AVest  branches  issued  no  currency  of 
any  kind.  See  the  doctrine  on  non-user  of  char- 
ter and  duty  of  corporations  to  net  up  to  the 
end  of  their  institution,  and  forfeiture  for  neg- 
lect. 

"  5.  Building  houses  to  rent.  See  limitation 
in  their  charter  on  the  right  to  hold  real  pro- 
perty. 

"  (3.  In  the  capital  stock,  not  having  due  pro- 
portion of  coin. 

"7.  Foreigners  voting  for  directors,  through 
their  trustees. 

"Second:  Abuses  worthy  of  inquiry,  not 
amounting  to  forfeiture,  but  going,  if  true, 
dearly  to  show  the  inc.vpediency  of  renewing 
Ike  charter. 

"1.  Not  cashing  its  own  notes,  or  receiving 
in  deposit  at  each  branch,  and  at  the  parent 
bank,  the  notes  of  each  other.  By  reason  of 
this  practice,  notes  of  the  mother  bank  are  at  a 
discount  at  many,  if  not  :■  U,  of  her  branches,  and 
completely  negatives  the  assertion  of  'sound 
and  uniform  currency.' 

"2.  Making  a  difference  in  receiving  notes 
from  the  federal  government  and  the  citizens  of 
the  States.  This  is  admitted  as  to  all  notes 
above  five  dollars. 

"  3.  Making  a  difference  between  members  of 
Congress  and  the  citizens  generally,  in  both 
granting  loans  and  selling  bills  of  exchange.  It 
is  believed  it  can  be  made  to  appear  that  mem- 
bers can  obtain  bills  of  exchange  without,  citi- 
zens with  a  premium ;  the  first  give  nominal 
endorsers,  the  other  must  give  two  suflBcient  re- 
sident endorsers. 


"4.  The  undue  accumulation  of  proxien  j 
the  hands  of  a  few  to  control  the  ticctior.  A* 
directors.  *  '" 

'•  5.  A  strong  suspicion  of  secret  undcrsinn-!. 
ing  between  the  bank  and  brokers  to  jdf,  j. 
stocks,  contrary  to  the  clmrter.  For  exaintilo 
to  buy  up  three  per  cent,  stock  at  this  day ;  l^,\ 
force  the  government  to  pay  at  par  foV'tliit 
stock;  and  whether  the  government  dttKjhits 
may  not  l)C  used  to  enhance  its  own  debts. 

'•G.  Subsidies  and  loans,  directly  or  indirectly 
to  printers,  editors,  and  lawj-ers,  for  purpo,i.s 
other  than  the  regular  business  of  the  bank, 

"  7.  Distinction  in  favor  of  merchants  in  'nt\\. 
ing  bills  of  exchange. 

"  8.  Practices  upon  local  banks  and  debtors  to 
make  them  petition  Congress  for  a  renewal  of  its 
charter,  and  thus  impose  upon  Congress  by  inUa 
clamor. 

"9.  The  actual  management  of  the  bank 
whether  safely  and  prudently  conducted.  Scl 
monthly  statements  to  the  contrary. 

"  10.  The  actual  condition  of  the  bank,  hr 
debts  and  credits ;  how  much  she  has  increaceil 
debts  and  diminished  her  means  to  pay  in  ijic 
last  year;  how  much  she  has  increased  Iier 
credits  and  multiplied  her  debtors,  since  the 
President's  message  in  1829j  without  ability  lo 
take  up  the  notes  she  has  issued,  and  pay  htr 
deposits. 

"11.  Excessive  issues,  all  on  public  deposits. 

"  12.  Whether  the  account  of  the  bank's  pros- 
perity be  real  or  delusive. 

"  13.  The  amount  of  gold  and  silver  coin  ami 
bullion  sent  from  Western  and  Southern  branch- 
es of  the  parent  bank  since  its  establishment  in 
1817.  The  amount  is  supposed  to  be  fifteen  or 
twenty  millions,  and,  with  bank  interest  on 
bank  debts,  constitutes  a  system  of  the  most 
intolerable  oppression  of  the  South  and  West. 
The  gold  and  silver  of  the  South  and  West  have 
been  drawn  to  the  mother  bank,  mostly  by  the 
agency  of  that  unlawful  currency  created  by 
branch  bank  orders,  as  will  be  made  fully  to  ai>- 
pear. 

"  14.  The  establishment  of  agencies  in  difTer- 
ent  States,  under  the  direction  and  mnnaRemcnt 
of  one  person  only,  to  deal  in  bills  of  exchange, 
and  to  transact  other  business  properly  belong- 
ing to  branch  banks,  contrary  to  the  charter. 

"  15.  Giving  authority  to  State  banks  to  dis- 
count their  bills  without  authority  from  tlie 
Secretary  of  the  Treasury." 

Upon  the  reading  of  these  charges  a  heated  and 
prolonged  discussion  took  place,  in  which  more 
than  thirty  members  engaged  (and  about  an 
equal  number  on  each  side)  ;  in  which  the  I 
friends  of  the  bank  lost  so  much  ground  in  tiie 
public  estimation,  in  making  direct  opposition  to 
investigation,  that  it  became  necessary  to  give 
up  that  species  of  opposition— declare  in  favor 
of  examination — but  so  conducted  as  to  b«  m> 


AXXO  1832.    aXDREW  JACICSON*.  PRI^IDEST. 


231) 


I  ptory,  and  worse  than  asclcss.  One  proposi-  ] 
.„n  was  to  have  the  investigation  made  by  the 
Committee  of  Waj-8  and  Means — a  proposition 
jhich  involved  many  departures  from  parlia- 
iiT.tary  law — from  propriety — and  from  the 
I  nspcct  which  the  bank  owed  to  itself,  if  it  was 
innocent.  By  all  parliamentary  law  such  a  com- 
jiittcc  must  be  composed  of  mcmljers  friendly 
10  the  inquiry — hearty  in  the  cause — and  the 
jiOTcr  always  to  be  its  chairman :  here,  on  the 
I  contrary,  the  mover  was  to  be  excluded :  the 
very  champion  of  the  Bank  defence  was  to  be 
the  investigating  chairman ;  and  the  committee 
to  whom  it  was  to  go,  was  the  same  that  had 
just  reported  so  warmly  for  the  Bank.  But 
this  proposition  had  so  bad  a  look  that  the 
chairman  of  the  Committee  of  Ways  and  Means 
|Mr.  McDufBe)  objected  to  it  himself,  utterly 
[tiusing  to  take  the  office  of  prosecutor  against 
ID  institution  of  which  he  was  the  public  de- 
I  tender.  Propositions  were  then  made  to  have 
the  committee  appointed  by  ballot,  so  as  to  take 
the  appointment  of  the  committee  out  of  the 
lands  of  the  Speaker  (who,  following  the  par- 
liamentary rule,  would  select  a  majority  of  mem- 
bers favorable  to  inquiry) ;  and  in  the  vote  by 
I  ballot,  the  bank  having  a  majority  in  the  House, 
I  could  reverse  the  parliamentary  rule,  and  give 
to  the  institution  a  committee  to  shield,  instead 
of  to  probe  it.  Unbecoming,  and  even  suspi- 
cious to  the  institution  itself  as  this  proposition 
I  was,  it  came  within  a  tic  vote  of  passing,  and 
1  was  only  lost  by  the  casting  vote  of  the  Speaker. 
Investigation  of  some  kind,  and  by  a  select  com- 
I  mittee,  becoming  then  inevitable,  the  only  thing 
that  could  be  done  in  favor  of  the  bank  was  to 
restrict  its  scope ;  and  this  was  done  both  as  to 
time  and  matter ;  and  also  as  to  the  part  of  the 
institution  to  be  examined.  Mr.  Adams  intro- 
duced a  resolution  to  limit  the  inquiry  to  the 
operations  of  the  mother  bank,  thereby  skipping 
the  twenty-seven  branches,  though  some  of  them 
were  nearer  than  the  parent  bank ;  also  limiting 
the  points  of  inquiry  to  breaches  of  the  charter, 
!o  as  to  cut  off  the  abuses ;  also  limiting  the  time 
io  a  short  day  (the  21st  of  April) — ^larch  then 
tieing  far  advanced ;  so  as  to  subject  full  inves- 
tigation to  be  baffled  for  the  want  of  time.  The 
n;ason  given  for  these  restrictions  was  to  bring 
the  investigation  within  the  compass  of  the 
k'ssion— so  as  to  insure  action  on  the  application 
X'fore  the  adjournment  of  Congress — thereby 


openly  admitting  its  connection  with  the  presi- 
dential election.  On  feeing  his  proposi-d  in<niiry 
thus  restricted,  Mr.  Clayton  tluus  gave  vent  to 
his  feelings : 

"  1  hope  I  may  b*i  permitte<l  to  take  a  imrtin;* 
leave  of  my  resolution,  as  I  very  plainly  iKrcoivc 
that  it  is  going  the  way  of  all  iiesh.  \  diticovfr 
the  bank  has  a  complying  mnj<<rify  at  present  in 
this  House,  and  at  this  late  hour  of  the  night 
are  determined  to  carry  things  in  their  own 


f 


way;  but, 


sir,  I 


view  with  astonishment  the 


conduct  of  that  majority.  AVhen  a  speaker  rises 
in  favor  of  the  bank,  he  is  listened  to  with  great 
attention ;  but  when  one  opposed  to  it  attempts 
to  address  the  House,  such  is  the  intentional 
noise  and  confusion,  he  cannot  be  heard ;  and, 
sir,  the  gentleman  who  last  spoke  but  one  in 
favor  of  an  inquiry,  had  to  take  his  seat  in  a 
scene  littk  short  of  a  riot.  I  do  not  understand 
such  conduct.  When  I  introduced  my  resolu- 
tion, I  predicated  it  upon  the  presumption  that 
every  thing  in  this  House  would,  when  respect- 
fully presented,  receive  a  respectful  considera- 
tion, and  would  be  treated  precisely  as  all  other 
questions  similarly  situated  arc  treated.  I  ex- 
pected the  same  courtesy  that  other  gentlemen 
received  in  the  propositions  submitted  by  them, 
that  it  would  go  to  a  committee  appointed  in 
the  usual  form,  and  that  they  would  have  the 
usual  time  to  make  their  report.  I  believed,  for 
I  had  no  right  to  believe  otherwise,  that  all  com- 
mittees of  this  House  were  honest,  and  that  they 
had  too  much  respect  for  themselves,  as  well  as 
for  the  House,  to  trifle  with  any  matter  confided 
to  their  investigation.  Believing  this,  I  did  ex- 
pect my  resolution  would  be  submitted  in  the 
accustomed  way ;  and  if  this  House  had  thought 
proper  to  trust  me,  in  part,  with  the  examina- 
tion of  the  subject  to  which  it  refers,  I  would 
have  proceeded  to  the  business  in  good  faith, 
and  reported  as  early  as  was  practicable  with 
thi3  important  interests  at  stake.  It  has  been 
opposed  in  every  shape ;  vote  upon  vote  has 
been  taken  lipon  it,  all  evidently  tending  to 
evade  inquiry ;  and  now  it  is  determined  to 
compel  the  committee  to  report  in  a  limited 
time,  a  thing  unheard  of  before  in  this  House, 
and  our  inquiries  are  to  be  confined  entirely  to 
the  mother  bank;  whereas  her  branches,  at 
which  more  than  half  the  frauds  and  oppressions 
complained  of  have  been  committed,  are  to  go 
unexamined,  and  we  are  to  be  limited  to  breaches 
of  the  charter  when  the  abuses  charged  are  nu- 
merous and  flagrant,  and  equally  injurious  to 
the  community.  We  are  only  to  examine  the 
books  of  the  parent  bank,  the  greatest  part  of 
which  may  be  accidentally  from  home,  at  some 
of  the  branches.  If  the  bank  can  reconcile  it  to 
herself  to  meet  no  other  kind  of  investigation  bin 
tliis,  she  is  welcome  to  all  the  advantages  which 
such  an  insincej%  and  shuffling  course  is  calculat- 
ed to  confer ;  the  people  of  this  country  are  too 
intelligent  not  to  understand  exactly  he  r  object." 


240 


TIIIUTY  YKAItS'  VIEW. 


Among  the  abuses  cut  off  from  examinations 
by  these  rtstrictionB,  were  two  modes  of  ex- 
torting doubiu  and  treble  coriijK'nBation  for  the 
use  of  moni'v,  one  by  turning  a  loan  note  into 
a  bill  of  ex'hiinge,  and  the  otlu  v  by  forcing  tlu! 
lx)rrower  to  take  hia  money  upon  a  domestic 
bill  instead  of  on  a  note — both  systematically 
J)ractised  upon  in  the  West,  and  converting 
nearly  all  the  Western  loans  ir.o  enormously 
usurious  transactions.  Mr.  Clayton  gave  the 
following  description  of  the  fir  t  of  these  modes 
of  extorting  usury : 

"  I  will  now  make  a  fuller  statement ;  and  I 
think  I  am  authoiieed  to  say  that  there  are  gen- 
tlemen in  this  House  from  the  West,  and  under 
my  eye  at  present,  who  will  confirm  every  word 
I  say.    A  person  has  a  note  in  one  of  the  West- 
ern brancli  banks,  and  if  the  bank  determines 
to  extend  no  further  credit,  its  custom  is,  when 
it  sends  out  the  usual  notice  of  the  time  the 
note  falls  due,  to  write  across  the  notice,  in 
red  ink,  these  three  fatal  words — well  under- 
stood in  that  country — 'Payment  is  expect- 
ed.'    This  notice,  thus  rubricated,  becomes  a 
death-warrant  to  the  credit  of  that  customer, 
unless  he  can  raise  the  wind,  as  it  is  called,  to 
pay  it  off,  or  '^an  discount  a  domestic  bill  of  ex- 
change.   This  last  is  done  in  one  of  two  ways. 
If  he  has  a  factor  in  New  Orleans  who  is  in  the 
habit  of  receiving  and  selling  his  produce,  he 
draws  upon  liim  to  pay  it  off  at  maturity.    The 
bank  charges  two  per  centum  for  two  months, 
the  factor  two  and  a  half,  and  thus,  if  the  draft 
is  at  sixty  days,  he  pays  at  the  ratie  of  twenty- 
seven  per  centum.    If,  however,  he  has  no  fac- 
tor, he  is  obliged  to  get  some  friend  who  has 
one  to  make  the  arrangement  to  get  his  draft 
accepted.    For  this  accommodation  he  pays  his 
friend  one  and  a  half  per  cent.,  besides  the  two 
per  cent,  to  the  bank,  and  the  two  and  a  half 
per  cent,  to  the  acceptor ;  making,  in  this  mode 
of  arrangement,  thirty-six  per  cent,  which  he 
paj's  before  he  can  get  out  of  the  clutches  of  the 
bank  for  that  time,  twelve  per  cent,  of  which, 
m  either  case,  goes  to  the  bank ;  and  so  little 
conscience  have  they,  in  order  to  make  this, 
they  will  subject  a  poor  and  unfortunate  debtor 
to  the  other  enormous  burdens,  and  consequent- 
ly to  absolutft  beggary.    For  it  must  be  obvious 
to  every  one''that  such  a  per  cent,  for  money, 
under  the  melancholy  depreciation  of  produce 
rvcTj  where  in  the  South  and  West,  will  soon 
wind  up  the  affairs  of  such  a  borrower.    No 
people  under  the  heavens  can  bear  it ;  and  un- 
less a  stop  is  put  to  it,  in  some  way  or  other,  I 
predict  the  Western  people  will  be  in  the  most 
deplorable  situation  it  is  possible  to  conceive. 
There  is  another  great  hardship  to  which  this 
debtDr  is  liable,  if  he  should  not  be  able  to  fur- 
nish the  produce ;  or,  which  is  sometimes  tlie 
case,  if  it  is  sacrificed  in  the  sal«  of  it  at  the 


time  the  draft  btcomcs  due,  whereby  it  1,^  p., 
tected  for  want  of  tmidx  it  returns  upon  i,i,!] 
with  the  adthtional  cost  of  ten  p.-r  ant.  fir 
non-payment.    Now,  sir,  that  is  what  i.-i  mn^ 
by  domestic  bills  of  exchange,  disguised  as  loan- 
to  take  more  than  six  per  cent. ;  for,  mark,  Mr 
Speaker,  the  bank  docs  not  purchase  a  hill  ui 
exchange  by  paying  out  cash  for  it,  and  rictiv. 
ing  the  usual  rate  of  exchange,  w;.ich  varuj  i 
from  one-quarter  to  one  per  cent. ;  but  it  niori'- 
ly  delivers  up  the  poor  debtor's  note  which  was 
previously  in  bank,  and,  what  is  worse,  just  J 
well  secured  as  the  domestic  bill  of  exthaniu  1 
which  they  thus  extort  from  him  in  lieu  thtriof 
And  while  they  are  thus  exacting  this  per  cent 
from  him,  they  are  discounting  bills  for  otlur" 
not  in  debt  to  them  at  the  usual  premium  (,i 
one  per  cent.    The  whole  scene  seems  to  pre- 
sent the  picture  of  a  helpless  sufferer  in  tln' 
hands  of  a  ruffian,  who  claims  the  merit  (,( 
charity  for  discharging  his  victim  alive,  aftiri 
having  torn  away  half  his  Umbs  from  his  budv. 

The  second  mode  was  to  make  the  loan  taku 
the  form  of  a  domestic  bill  from  the  beginning  • 
and  this  soon  camo  to  be  the  most  general  prac- 1 
tice.    The  borrowers  finding  tlmt  their  noUs 
v/ere  to  be  metamori)hosed  into  bills  payable  in  I 
a  distant  city,  readily  fe'l  into  the  more  con- 
venient mode  of  giving  a  bill  in  the  first  in- 
stance payable  in  some  village  hard  by,  where ! 
they  could  go  to  redeem  it  without  giving  com- 
missions to  intermediate  agents  in  the  shape  of  I 
endorsers  and  brokers.    The  profit  to  the  banlc 
in  this  operation  was  to  get  six  per  centum  in- 
terest, and  two  per  cent,  exchange ;  which,  on  l 
a  sixty  days'  bill,  was  twelve  per  cent,  per  an- 
num ;  and,  added  to  the  interest,  eighteen  per 
cent,  per  annum ;  with  the  addition  of  ten  per  j 
centum  danlages  if  the  bill  was  protested ;  and 
of  this  character  were  the  mass  of  the  loans  in 
the  West — a  most  scandalous  abuse,  but  cut  off, 
with  a  multitude  of  others,  from  investigation 
from  the  restrictions  placed  upon  the  powers 
of  the  committee. 

The  supporters  of  the  inctitution  carried  tneir  I 
point  in  the  House,  and  had  the  investigation  I 
in  their  own  way ;  but  with  the  country  it  was  I 
different.    The  bank  stood  condemned  upon  itj 
own  conduct,  and  badly  crippled  by  the  attacks  I 
upon  her.    More  than  a  dozen  speakers  assailed  I 
her:  Clayton,  Wayne,  Foster  of  Georgia;  J,JI,[ 
Patton,  Archer,  and  Mark  Alexander  of  Vir- 
ginia ;  James  K.  Polk  of  Tennessee ;  Camhre- 1 
leng,  Beurdsley,  Hoffman  and  Angel  of  Neff-F 
York;  Mitchell  and  Blair  of  South  Carolina; 
Carson  of  North  Carolina  •    Leavitt  of  Ohio  I 


ANNO  163i.     A.MiUEW  JACKSCjX,  I'Kl>II>KM. 


241 


reby  it  is  jcr^  j 
■IIS  upon  hiii,  I 
rxT  wilt.  f.,r 
rliat  is  imntit  j 
xiist'd  as  l()aii~, 
ror,  mark,  .\lr 
;ha6f  a  lull  „{ 
it,  and  rwciv. 

w;.ich  varus  I 
5  but  it  nicri'- 
ote  which  was 

worse,  just  w 
11  of  exchani;u  | 
in  lieu  tlicnut. 
!  this  per  cent. 
jills  lor  othtr^ 
kl  premium  i,i 
secma  to  pre- 
iulFerer  in  tl.f 
_  the  merit  of 
im  alive,  afur 
rom  his  body." 

c  the  loan  take 
the  beginning ; 
it  general  prac- 
lilt  their  notis 
bills  payable  in  I 
the  more  con- 
in  the  iirst  in- 1 
liard  by,  where  { 
mt  giving  com- 
in  the  shape  of  | 
)fit  to  the  bank 
per  centum  in- 
;  which,  ou  I 
cent,  per  an- 
eightcen  per  I 
lion  of  ten  per  | 
protested ;  and 
the  loans  in 
use,  but  cut  off, 
investigation  I 
on  the  powers  I 

>n  carried  tneir 
investigation 
country  it  was 
emned  upon  iU 

by  the  attacks  I 
leakors  assailed  | 
Georgia;  J.M. 

ander  of  Vir- 

ssee ;  Cambre- 1 

i\.ngel  of  Neff- 

lUth  Carolina; 

;avitt  of  Ohio 


age; 


yi,,.  speakers  on  the  other  side  were :  MoDuffle 
in'l  Prayton  of  Smith  Carolina;  Denny,  Craw- 
frd.  Coulter,  Watmough,  of  Pennsylvania ;  j 
panii'l  of  Kentucky ;  Jenifer  of  Maryland  ; 
Huntington  of  (^onnecticut ;  Root  and  Collins 
„f  New-York  ;  Evans  of  JIaine  ;  Mercer  of 
Virginia;  "Wilde  of  Georgia.  Pretty  equally 
matched  both  in  numbers  and  ability ;  but  the 
diirerence  between  attack  and  defence — between 
\M  accusation  and  shrinking  palliation — the 
ciindiict  of  the  bank  friends,  first  in  resisting  all 
investigation,  then  in  trying  to  put  it  into  the 
Unds  of  friends,  then  restricting  the  examina- 
tion and  the  noise  and  confusion  with  which 
nistiv  of  the  anti-bank  speeches  were  saluted — 
i;a\(.  to  the  assailants  the  appearance  of  right, 
and  the  tone  of  victory  throughout  the  contest ; 
anil  created  a  strong  suspicion  against  the  bank. 
CertJunly  its  conduct  was  injudicious,  except 
upon  the  hypothesis  of  a  guilt,  the  worst  sus- 
picion of  which  would  be  preferable  to  open  de- 
tection ;  and  such,  eventually,  was  found  to  be 
ihe  iiict.  In  justice  to  Mr.  McDuffie,  the  lead- 
inir  advocate  of  the  bank,  it  must  bo  remember- 
ed that  the  attempts  to  stifle,  or  evade  inquiry, 
did  not  come  from  him  but  from  the  immediate 
representative  of  the  bank  neighborhood — that 
lie  twice  discountenanced  and  stopped  such  at- 
tempts, requesting  them  to  be  withdrawn ;  and 
no  doubt  all  the  defenders  of  the  bank  at  the 
time  believed  in  its  integrity  and  utility,  and 
only  followed  the  lead  of  its  immediate  friends 
in  the  course  which  they  pursued.  For  myself 
I  became  convinced  that  the  bank  was  insol- 
vent, as  well  as  criminal ;  and  i-hat,  to  her,  ex- 
amination was  death ;  and  therefore  she  could 
not  face  it. 

The  committee   appointed   were :    Messrs. 
j  Clayton,  Richard  M.   Johnson  of  Kentucky, 
Francis  Thomas  of  Maryland,  and  ^Mr.  Cambre- 
I  leng  of  New-York,  opposed  to  the  recharter  of 
tl.e  Bank  ;    Messrs.  McDuffie,  John   Quincy 
Adams,  and  Watmough,  in  favor  of  it.     The 
I  committee  was  composed  according  to  the  par- 
liamentary rule — the  majority  in  favor  of  the 
I  object— but  one  of  them  (Colonel  Johnson  of 
'entucky),  was  disqualified  by  his  charitable 
I  and  indulgent  disposition  for  the  invidious  task 
I  of  criminal  inquisition ;  and  who  frankly  told 
1  House,  after  he  returned,  that  he  had  never 
hooked  at  a  bonk-book,  or  asked  a  question 
rliile  he  wa.s  at  Philadelphia ;  and,  Mr.  Adams, 

Vol.  I.— 16 


in    invalidating    the    nport    of  the    mnjoritj 
against  the  bank,  d'-sputtMl   the  reality  of  tlio 
n\!ijority,  saying  that  the  good  nature  of  ('oh >- 
ni'l  Johnson  had  nun-ly  lici'nsed  it.     On  tlic 
other   hand,  the  comniitteo  wa.'^   a.s   favorably 
composed  for  the  bank — .Mr.  Adams  and  Mr. 
McDuflie  both  able  writers  and  sjKakers,  of  na- 
tional reputation,  investigating   minds,  ardent 
temperaments,  firm  believers  in  the  inti-grity 
and  usefulness  of  the  corporation  ;  and  of  char 
acter  and  position  to  be  friendly  to  the  institu 
tion  without  the  imputation  of  an  undue  mo 
tivc.     Mr.  AVatmough  was  a  new  member,  but 
acceptable  to  the  bank  os  its  imniediatu  repre- 
sentative, as  the  member  that  had  made  tho 
motions  to  bailie  investigation  ;   and  as  being 
from  his  personal  as  well  as  political  and  social 
relations,  in  tho  category  to  form,  if  necessarv, 
its  channel  of  confidential  communication  with 
the  committee. 

The  committee  made  three  reports — one  by 
the  majority,  one  by  the  minority,  and  one  by 
Mr.  Adams  alone.  The  first  was  a  severe  re- 
crimination of  the  bank  on  many  points — usury, 
issuing  branch  bank  orders  as  a  currency,  selling 
coin,  selling  stock  obtained  from  government  un- 
der special  acts  of  Congress,  donations  for  roads 
and  canals,  building  houses  to  rent  or  sell,  loans 
unduly  made  to  editors,  brokers,  and  members 
of  Congress.  The  adver.sary  reports  were  a  de- 
fence of  the  bank  ou  all  these  points,  and  the 
highest  encomiums  upon  t  .,  excellence  of  its 
management,  and  the  universality  of  its  utility  ; 
but  too  much  in  tho  spirit  of  the  advocate  to 
retain  the  character  of  legislative  reports — which 
admit  of  nothing  but  facts  stated,  inductions 
drawn,  and  opinions  expressed.  Both,  or  ra- 
ther all  three  sets  of  reports,  were  received  as 
veraciou.s,  and  lauded  as  victorious,  by  tho 
respective  parties  which  they  favored;  and 
quoted,  as  settling  for  ever  tho  bank  question, 
each  way.  But,  alas,  for  the  effect  of  the  pro- 
gress of  events !  In  a  few  brief  years  all  this 
attack  and  defence — all  this  elaboration  of  accu- 
sation, and  refinement  of  vindication — all  this 
zeal  and  animosity,  for  and  against  the  bank — 
the  whole  contest — was  eclipsed  and  superse- 
ded by  tho  actualities  of  tho  times  the  majority 
report,  as  being  behind  tho  facts :  the  minority, 
as  resting  upon  vanished  illusions.  And  the 
great  bank  itself,  antagonist  or  Jackson,  called 
imperial  by  its  friends,  and  actually  constituting 


•fv.;- 


.1'. 


I.    ..' ''' 

1  ■      ; 


242 


THIRTY  YEARS'  VIEW. 


*i  jMiwer  in  tiio  Sutc— jm  trnt*  in  dtist  and 
ashes  —  and  invf)kin;r  from  the  community, 
tliroiifrh  tiie  mouth  of  tlie  prcatcst  of  its  n<lvo- 
catos  (Mr.  Wt-bstfr),  the  ohiivion  imd  amnesty 
of  on  "  obsolete  idea."' 

It  is  not  the  desifrn  of  tliis  Victv  to  explore 
these  reports  for  th  •  lames  of  pcp'on?  implicated 
(some  perhaps  unjustly),  in  IJ.o  criminating 
statements  of  the  majority.  Tiu  object  pro- 
posed in  this  work  docs  ii"t  require  that  inter- 
ference with  individuals.  The  conduct  of  tbo 
institution  is  the  poi.it  of  inquiry ;  and  in  that 
conduct.wH!  bo  found  the  warning  \:Aco  against 
the  dangers  and  abuses  of  such  an  cstabli-hmcnt 
in  nil  time  to  come. 


C  H  ...  P  T  I-:  R    L  X  V. 

TUR  THREE  PER  CKNT  I>i;!iT.  AND  LOPS  IN  NOT 
l'<Vi'ING  IT  WIIKN  'I"  '■'.:  M.VIK  '.VAS  LOW,  AND 
THE  MOXKV  IN  Til>.  JANK  OV  THE  UNITED 
STATF.3  V.i'lIIOi;-,'  LNTKUKST. 

There  was  a  part  of  the  revolutionary  debt, 
Incurred  by  the  States  and  assumed  by  Con- 
gress, asiMunting  to  thirteen  and  a  quarter  mil- 
lions of  dollars,  on  which  an  interest  of  only 
three  per  centum  was  allowed.  Of  course,  the 
stock  of  this  debt  could  be  but  little  over  fifty 
(lents  in  the  dollar  in  a  country  where  legal  in- 
terest was  six  per  centum,  and  actual  interest 
uften  more.  In  1817,  when  the  Bank  of  the 
United  States  went  into  operation,  the  price  of 
that  stock  was  sixty-four  per  centum — the 
money  was  in  bank,  more  than  enough  to  p  ,y 
it — a  gratuitous  deposit,  bringing  no  interest — 
and  which  was  contained  in  her  vaults — her  sit- 
uation soon  requiring  the  aid  of  the  federal  gov- 
ernment to  enable  her  to  keep  her  doors  open. 
I  had  submitted  a  resolve  early  in  my  term  of 
service  to  have  this  stock  purchased  at  its  mar- 
ket value ;  and  for  that  purpose  to  enlarge  the 
power  of  the  commissioners  of  the  sinking  fund, 
then  limited  to  a  price  a  little  below  the  current 
rate :  a  motion  which  was  resisted  and  defeated 
by  the  friends  of  the  bank.  I  then  moved  a  re- 
solve that  the  bank  pay  interest  on  the  deposits : 
which  was  opposed  and  defeated  in  like  manner. 
Eventually,  and  when  the  rest  of  the  public 
debt  should  be  paid  off,  and  the  payment  of  these 


thirteen  ond  a  quarter  millions  woulil  W,  n>, 
oblipatory  under  a  policy  which  eK^hewMj  »; 
debt — a  consummation  then  rajtidiy  nppr.iarh. 
inp,  under  fienenjl  Jackson's  administratiun— i; 
was  clear  that  the  treasury  would  i>ay  om.  im„. 
dred  cents  on  the  doUnr  -v,  v,  }i  it  c.-uld  l)o  this; 
purchased  forsixty-o*!!,  loing  m  tiw  niciir,    -,, 
the  interest  on  the  nxmey  with  ■which  it  rci!  i  i, 
paid.    It  made  a  c;.t-<,  r.ui'  ;:t  the  dank,   ,1   : 
it  felt  itself  bound  t>  ans,v(!r,  aiiddidcot' ;  > 
seiittor  J"iinson,  i  t    t.oni;-i  ,»,h:    v,i>)  Ki,.-.,,„ 
that  the  ba;  k  pcJd  the  debt  which  the  omir  .. 
suncrs  of  th-  sinking  I'und  required.    This  «■•,< 
tru<  ;  but  it  wjis  i.ot  the  point  in  the  case.  Tlip 
p.iiii',  was  that  the  moi.oy  was  kept  in  di.prt, 
to  sustain  thn  Lank,  and  the  cnlrr;.tc)i><.'i,i  of  tho 
power.'  of  ilic  commLseioners  resisted  '  >  f^reTnt  I 
them  from  (purchasing  t)ii,;.  islo"     -.t  a  lovi  mtp 
in  view  of    ts  li^e  to  js.r:  v,'nyii  soon  i(,ol<  | 
place;  and  liiade  p-lpaltle  the  loss  to  the  United 
States.    At  the  time  of  the  solicited  renewal  cf  I 
the  charter,  this  non-payment  of  the  throe  ftr 
cents  was  brou2ht  up  as  an  instance  of  lofg  in- 
curred  on  account  of  the  bank ;  and  gave  rise  to 
the  defence  froin  Mr.  Johnson ;  to  which  I  ( 
replied : 

"Mr.  Benton  ha(i  not  intended,  he  said,to?,u 
a  word  in  relation  to  this  question,  nor  shnuli]  I 
he  now  rise  to  speak  upon  it,  but  from  what) 
had  fallen  from  the  senator  from  New  Jersey,  I 
That  gentleman  had  gone  from  the  resolution  I 
to  the  bank,  and  from  the  bank  he  had  gone  to  I 
statements  respectin;i  his  resolutions  on  aliiinl 
salt,  which  were  crroneou.''.  Day  by  day,  mc-f 
morials  were  poured  in  upon  us  by  command  of| 
the  bank,  all  representing,  in  the  same  terms, 
the  necessity  of  renewing  its  charter.  These  I 
memorials,  the  tone  of  which,  and  the  time  off 
their  presentation,  showed  their  common  ori,iiii,f 
were  daily  ordered  to  bo  printed.  These  papers, 
forming  a  larger  mass  than  we  ever  had  on  oiirl 
tables  before,  and  all  singing,  to  the  same  tune,! 
the  praises  of  the  bank,  were  ordered  to  M 
printed  without  hesitation.  The  report  whichl 
he  had  moved  to  have  printed  for  the  benefit  of  I 
the  farmers,  was  struck  at  by  the  6ei;ator  of  I 
New  Jerse}'.  In  the  first  place,  the  senator  was! 
in  error  as  to  the  cost  of  printing  the  report.! 
He  had  stated  it  to  be  one  thousand  nine  hiiii-l 
d'red  dollars,  whereas  it  was  only  one  thousaujl 
one  hundred  dollars.  A  few  days  ago,  tml 
thousand  copies  of  a  report  of  the  British  IIouwl 
of  Commons  on  the  subject  of  railroads  wail 
ordered  to  be  printed.  Following  the  lanpuaal 
of  that  resolution,  he  had  moved  the  printin;:'!'! 
another  report  of  that  body,  which  would  interestT 
a  thousand  of  our  citizens,  where  that  report 
would  interest  one.    There  was  not  a  farmer  i 


ANNO  1832.    ANDUEW  JALK!>t)N.  I'RHSIDENT. 


243 


11 ;   to  which  1 


^morira  who  would  not  'Iccm  it  a  tn'asnrc.     It ' 
niTorcd  the  whole  Hnlinc  kinfniotn  ;  aiid  thost- 1 
Q„ge<|uaintc<l  with  itn  nature  had  no  ninre  idon  I 
(,f  it  than  a  blind  man  ha<l  of  the  Bolar  rays.     It  i 
m  of  the  highest  value  to  the  farmer  and  the 
erazii  r.    It  showed  tlie  efllct  of  the  mineral  kinp- 
dom  iijKin  the  animal  kinjrdom  ;  and  its  views 
\rerc  the  results  of  the  wisdom,  cxpericnro,  and 
iirst  talents  of  Great  Britain.     The  assertion  of 
the  fcnator,  that  the  bank  aided  in  producinp  a 
.(iiind  currency,  he  would  disprove  by  facts  and 
i];ites.    In  1817  the  bank  went  into  operation. 
In  three  or  four  years  after,  forty-four  banks 
ffcre  chartered  in  Kentucky,  and  forty  in  ( >hio  ; 
and  the  United  States  Bank,  so  fur  '••oni  bciuf; 
able  to  put  them  down,  was  on  the  verpe  of 
liunkniptcy.     With  the  use  of  eipht  millions  of 
public  money,  it  was  hardly  able,  from  day  to 
ilav  to  sustain  itself.    Eleven  millions  of  dollars, 
as  he  could  demonstrate,  the  people  had  lost  by 
iiiaintaininK  the  bank  during  this  crisis.    But 
fur  a  wajTRon  load  of  specie  from  the  mint,  a.s 
Mr.  Cheves  informs  us,  it  would  have  become 
bankrupt.    In  addition  to  this,  the  use  of  gov- 
ernment deposits,  to  the  extent  of  eight  millions, 
was  necessary  to  sustain  it ;  and  the  country  lost 
eleven  millions  by  the  diversion  of  those  deposits 
to  this  purpose.    Congress  authorized  the  pur- 
ciiivse  of  the  thirteen  millions  of  three  per  cents. 
— iit  that  time,  they  could  have  been  purchased 
at  sixty -five  cents,  now  they  were  at  ninetj'-six 
per  cent.    This  was  one  item  of  the  amount 
],.<t.  and  the  other  was  the  interest  on  the 
btock  from  that  time  to  the  present,  amounting 
to  six  millions  more.     It  was  sho\vn  by  Mr, 
Cheves  that  the  United  States  Bank  owed  its 
existence  to  the  local  banks — to  the  indulgence 
and  forbearance  of  the  banks  of  Philadelphia  and 
lioston,  notwithstanding  its  receipt  of  the  silver 
from  Ohio  and  Kentucky,  which  drained  that 
conntry,  destroyed  its  local  banks,  and  threw 
down  the  value  of  every  description  of  its  pro- 
perty.   The  United  States  Bank  currency  was 
called  by  the  senator  the  poor  man's  friend. 
The  orders  on  the  branches — these  drafts  issued 
;u  Dan  and  made  payable  in  Beershcba — had 
liieir  origin  with  a  Scotchman ;  and,  when  their 
character  was  discovered,  they  were  stopped  as 
oppressive  to  the  poor ;  and  this  bank,  which 
was  cried  up  as  the  poor  man's  friend,  issued 
[hose  same  orders,  in  paper  so  similar  to  that  of 
the  bank  notes,  that  the  people  could  not  readily 
discern  the  difl'erence  between  them.    It  was 
thought  that  the  people  might  mistake  the  sig- 
nature of  the  little  cashier  and  the  little  president 
for  the  great  cashier  and  the  great  president. 
The  stockholders  were    foreigners,  to  a  great 
extent — they  were  lords  and  ladies — reverend 
clergymen  and  military  officers.    The  widows, 
in  whose  behalf  our  sympathy  was  required, 
were  countess  dowagers,  and  the  Barings,  some 
of  whom  owned  more  of  the  stock  than  was  pos- 
St'ssed  in  sixteen  States  of  this  Union." 


C  II  A  V  T  K  U     L  XVI. 


HANK    l)K  TlIK  INITKI     ST.VTKS— HIM,   K«iR   Till; 

RKtiiAiiTKi:  i:k.I'oi;ti;ii  i.\  TiiK  ^^:NATK— and 

I'A^Sfcl)  THAT  1!((1>V. 

Tiir  first  bank  of  the  United  .'States,  rharterid 
in  171M,  was  a  federal  measure,  conducted  undt-r 
the  lead  of  Cieneral  Hamilton — opjxised  by  Mr. 
JefTer.son,  Mr.  Madison  and  the  republican  jmrty ; 
and  became  a  pri'at  landmark  of  party,  not 
merely  for  the  bank  itself,  but  for  the  latilndi- 
narian  construction  of  the  constitution  inwhif'li 
it  was  founded,  and  the  great  door  which  it 
opened  to  the  discretion  of  Congress  to  do  what 
it  pleased,  under  the  plea  of  being  "  uecpusary  " 
to  carry  into  effect  some  granted  power.  The 
non-renewal  of  the  charter  in  1811,  was  the  act 
of  the  republican  party,  then  in  possession  of 
the  government,  and  taking  the  opportunity  to 
terminate,  upon  its  own  limitation,  the  existence 
of  an  institution,  whose  creation  they  had  not 
been  able  to  prevent.  The  charter  of  the  second 
bank,  in  181G,  was  the  act  of  the  republican 
party,  and  to  aid  them  in  the  administration  of 
the  government,  and,  as  such,  was  opposed  by 
the  federal  party — not  seeming  then  to  under- 
stand that,  by  its  instincts,  a  groat  moneyed 
corporation  was  in  sympathy  with  their  own 
party,  and  would  soon  be  with  it  in  action 
— which  this  bank  soon  was — and  now  struggled 
for  a  continuation  of  its  existence  under  the 
lead  of  those  who  had  ojjposed  its  birth,  and 
against  the  party  which  created  it.  Mr.  Web- 
ster was  a  federal  leader  on  both  occasions — 
against  the  charter,  in  181G  ;  for  the  rechartcr, 
in  1832 — and  in  his  opening  speech  in  favor  of 
the  renewal,  according  to  the  bill  reported  by 
the  Senate's  select  committee,  and  in  allusion 
to  these  reversals  of  positions,  and  in  justifica- 
tion of  his  own,  he  spoke  thus,  addressing  him 
self  to  the  Vice-President,  Mr.  Calhoun : 

"  A  considerable  portion  of  the  active  part  of 
life  has  elapsed,  said  Mr.  W.,  since  you  and  I, 
Mr.  President,  and  three  or  four  other  gentlemen, 
now  in  the  Senate,  acted  our  respective  parts  in 
the  passage  of  the  bill  creating  the  present  Bank 
of  the  United  States,  We  have  lived  to  little 
purpose,  as  public  men,  if  the  experience  of  this 
period  has  not  enlightened  our  judgments,  and 
enabled  us  to  revise  our  opinions ;  and  to  correct 
any  errors  into  which  we  may  have  fallen,  it" 
such  errors  there  were,  either  in  regard  to  the 


it 


'■■i  ■'..■f-V-r 


-'-■">• 

->'■'■■ 

\\ 

< .  u 

'■  > 

.   :f-: 

■i», 

'  '1  '    ' 
■i  1   ■    ■' 

;■■» 


244 


TIIinTV  YEAiiS   VIKW 


f:iiitTaI  utility  <T  a  national  hank,  or  the  lU'tailH 
C'l'itH  conHtitiition.  I  inir't  it  will  not  Ik-  iinhi'- 
roiiiin^  the  occftninn.  if  I  alliiilo  to  your  own 
iiii|i<>rtiint  n(:i-nry  in  that  transaction.  'I'hc  i>ill 
iiicoi'iionitin);  tlio  hank,  andpivin);  it  a  constitu- 
tion. [(r(Hif(if(l  fi'otn  a  comniitttc  of  the  House 
of  l{t|iri'si'nt.\tivc'H,  of  which  yon  werediainnnn. 
iiiiil  was  conilnnt)'<l  (Iroufrh  that  Ilonse  innier 
voiirtlistin^uishoil  lead.  Having  recently  l(M)ke(l 
oK.k  to  tlie  pnjf'eedinns  of  that  day.  I  must  lie 
"(iiniitted  to  say  that  1  have  jjeiused  the  s|K>ech 
l>v  which  the  snhjict  wa.s  introduced  to  the  con- 
sideration of  the  llonse,  with  a  revival  of  the 
lielinj;  of  approlmtion  and  pleasure  with  wkicli 
1  heard  it ;  and  I  will  add,  that  it  would  not, 
]>erlmpH,  now,  be  easy  to  lind  a  better  brief 
synop8i.s  of  tho.se  principles  of  currency  and  of 
bankinjjT.  which,  since  they  spring  from  the  na- 
ture of  money  and  of  commerce,  must  be  essen- 
tially the  same,  at  all  times,  in  all  commercial 
tonnnunities,  than  that  speech  conUiins.  The 
other  f^entlenien  now  with  us  in  the  Senate,  all 
of  tliein,  1  believe,  concurred  with  the  chairman 
of  the  committee,  and  voted  for  the  bill.  My 
own  vote  was  ajrainst  it.  This  is  a  matter  of 
little  importance;  but  it  is  connected  with  other 
circumstances,  to  which  I  will,  for  a  moment, 
advert.  The  gentlemen  with  whom  I  acted  on 
that  occasion,  had  no  doubts  of  the  constitutional 
power  of  Conp^ress  to  establish  a  national  bank  ; 
noi-  had  we  any  doubts  of  the  general  utility  of 
un  institution  of  that  kind.  We  had,  indeed, 
most  of  us,  voted  for  a  bank,  at  a  preceding 
session,  Lut  the  object  of  our  regard  was  not 
whatever  might  be  called  a  bank.  We  required 
that  it  should  be  established  on  certain  princi- 
ples, which  alone  wc  deemed  safe  and  useful, 
made  subject  to  certain  fixed  liabilities,  and  so 
guarded  that  it  could  neither  move  voluntarily, 
nor  be  moved  by  others  out  of  its  proper  sphere 
of  action.  The  bill,  when  first  introduced,  con- 
tained features,  to  which  we  should  never  have 
assented,  and  we  set  ourselves  accordingly  to 
work  with  a  good  deal  of  zeal,  in  order  to  effjct 
sundry  amendments.  In  some  of  those  proposed 
amendments,  the  chairman,  and  those  who  acted 
with  him,  finally  concurred.  Others  they 
opposed.  The  result  was,  that  several  most 
ini))oitant  amendment;^,  as  I  thought,  prevailed. 
lint  there  still  remained,  in  my  opinion,  objec- 
tions to  the  bill,  which  justiiied  a  persevering 
opposition  till  they  should  be  removed." 

He  spoke  forcibly  and  justly  against  the  evils 
of  paper  money,  and  a  depreciated  currency, 
meaning  the  debased  issues  of  the  local  banks, 
for  the  cure  of  which  the  national  bank  was  to 
be  the  instrument — not  foreseeing  that  this 
great  bank  was  itself  to  be  the  most  striking 
exemplification  of  all  the  evils  which  he  de- 1 
picted.    He  said :  | 

'•  A  disordered  currency  is  one  of  the  greatest  i 
of  political  evils.    It  undermines  the  virtues  | 


necessary  for  the  support  of  the  social  Byntiin 
and  encourages  pr«|ii'nsities  destrictive  of  ii, 
happiness.  It  wars  against  'ndustry  fr„. 
gality,  and  ecommiy;  and  it  fosters  thoiTl 
spirits  of  extravagance  and  spcculotion.  Of  j,i| 
the  contrivances  for  cheating  tiie  laboring  rlufi,.^ 
of  mankind,  none  has  been  more  ellectnal  ih^m 
that  which  dehnles  them  with  pajKr  mom  ■, 
This  is  the  most  effectual  of  inventions  to  fi  r. 
tilize  the  rich  man's  field,  by  the  sweat  of  th,. 
I)oor  man's  brow.  Ordinary  tyranny,  oji|)r,  .. 
sion,  excessive  taxation,  these  bear  lightly  ,,„ 
the  happiness  of  the  mass  of  the  coininuuitv 
compared  with  fraudulent  currencies,  and  tin 
robberies  committed  by  depreciated  pa|xr.  Our 
own  history  has  recorded  for  our  instruction 
enough,  and  more  tlian  enough,  of  the  demor- 
alizing tendency,  the  injustice,  and  the  intokiu- 
ble  oppression  on  the  virtuous  and  well  dispo^cil 
of  a  degraded  paper  currency,  authorized  by  hw] 
or  any  way  countenanced  by  government. '' 

lie  also  spoke  truly  on  the  subject  of  Hr, 
small  quantity  of  silver  currency  in  the  Unitii! 
States — only  some  twenty-two  millions— ,ini 
not  a  particle  of  gold ;  and  dejirecated  the  smul 
bank  note  currency  as  the  cause  of  that  evil 
lie  said : 

"  The  paper  circulation  of  the  country  is,  a, 
this  time,  probably  seventy-five  or  eighty  mil. 
lions  of  dollars.  Of  specie  we  may  have  twenty 
or  twenty-two  millions :  and  this,  principally.  In 
masses  in  the  vaults  of  the  banks.  Now,  sir. 
this  is  a  state  of  things  which,  in  my  judgment, 
leads  constantly  to  overtrading,  and  to  tiio 
consequent  excesses  and  revulsions  whici.  f» 
often  disturb  the  regular  course  of  commercial 
afiairs. 

"  Why  have  we  so  small  an  amount  of  specie  in 
circulation  ?  Certainly  the  only  reason  is,  be- 
cause we  do  not  require  more.  We  havfibutto 
ask  its  presence,  and  it  .vould  return.  But  we 
voluntarily  banish  it  by  the  great  amount  of 
small  bank  notes.  In  most  of  the  States  the 
banks  issue  notes  of  all  low  denomination.^, 
down  even  to  a  single  dollar.  Ildw  is  it  possi- 
ble, under  such  circumstances,  to  retain  specie 
in  circulation  1  All  experience  shows  it  to  le 
impossible.  The  paper  will  take  the  place  o!  { 
the  gold  and  silver.  When  Mr.  Pitt,  in  the 
year  1797,  proposed  in  Parliament  to  authorize  I 
the  Bank  of  England  to  issue  one  pound  notes, 
Mr.  Burke  lay  sick  at  Bath  of  an  illness  Iron) 
which  he  never  recovered ;  and  he  is  said  to 
have  written  to  the  late  Mr.  Canning, '  Tell  .Mr. 
Pitt  that  if  he  consents  to  the  issuing  of  one  [ 
pound  notes,  he  must  never  expect  to  see 
guinea  again. ' " 

The  bill  provided  that  a  bonus  of  $500,000 1 
in  three  equal  annual  instalments  should  ho 
paid  by  the  bank  to  the  United  States  for  lU 


ANNO  1832.     ANimKW  JACKSON,  rRP>II»FNT. 


•245 


fxriusive  priviloproB  :  Mr.  Wch^tor  movt'd  to  i 
modify  the  section,  no  nn  to  iiprrail  tlio  imymrnt ' 
iivcr  the  entire  term  of  tho  hank'n  propowd  ex-  j 
u.tence — $150,000  a  yi'ar  for  flrteon  ytars.  I  j 
ais  opposed  botli  to  tlic  bonus,  and  the  exclu- ' 
,ivc  privilege,  and  said : 

•The  proper  compentiation  for  the  bank  to' 
m.ilif,  provided  this  excluHive  privilcfrc  was  pold  i 
[oit,  would  be  to  reduce  the  nito  of  inten-st  on 
iiiariH  and  discounts.    A  reduction  of  interest  i 
noiild  be  felt  by  the  people  ;  tho  payment  of  n  ! 
Iniiiiis  would  not  bo  felt  by  thorn.     It  would  ! 
(lime  into  tho  treasury,  and  probably  be  lav- , 
.-lied  immediately  on  some  scheme,  possibly  j 
unconstitutional  in  its  nature,  and  sectional  in  i 
Its  application.     Ho  was  not  in  favor  of  any  ' 
lichcnie  for  pettins  money  into  tho  tn'OMury  at 
present.    The    difficulty   I:iy  the   other   way. 
Tlie  strupplo  now  was  to  ktip  money  out  of  the 
treasury, — to  prevent  the  accimmlation  of  a  stir- 
j.lus ;  and  tho  reception  of  this  bonus  would  po 
to  nirpravato  that  ditlicu.;y,  by  increasin;?  that ; 
surplus.    Kinps  might  receive  bonuses  for  selling 
ixcliisivo  privileges  to  monopolizing  companies. 
lii  that  case  his  subjects  would  bear  the  loss,  I 
mid  he  would  receive  the  profit ;  but,  in  a  re- 1 
])iiblic,  it  was  incomprehensible  that  the  people  ' 
ihould  sell  to  a  company  the  privilege  of  making  j 
.iioncy  out  of  themselves,     lie  was  opposed  to 
'lie  grant  of  an  exclusive  privilege  ;  he  was  op-  \ 
iHjsed  to  the  sale  of  privileges  ;  but  if  granted,  i 
or  sold,  he  was  in  favor  of  receiving  tho  price  in 
the  way  that  would  be  most  beneficial  to  tho  ' 
whole  body  of  the  people ;  and,  in  this  case,  a  ' 
ndtiction  of  interest  would  best  accomplish  that 
object.    A  bank,  which  had  tho  benefit  of  the  ] 
credit  and  revenue  of  the  United  States  to  bank  i 


upon. 


could  well  afford  to  make  loans  and  dis- 


rounts  for  less  than  six  per  centum.  Five  per 
centum  would  be  high  interest  for  such  a  bank  ; 
and  he  had  no  doubt,  if  time  was  allowed  for 
ihe  application,  that  applications  enough  would 
be  made  to  take  the  charter  upon  these  terms. " 

I  opposed  action  on  the  subject  at  this  session. 
The  bank  charter  had  yet  four  years  to  run, 
and  two  years  after  that  to  remain  in  force  for 
winding  up  its  affairs;  in  all,  six  years  before 
the  dissolution  of  tho  corporation:  and  this 
ffould  remit  tho  final  decision  to  the  Congress 
which  would  sit  between  183G  and  1838,  and 
tliere  was  not  only  to  be  a  new  Congress  elected 
before  that  time,  but  a  new  Congress  under  a 
new  apportionment  of  tho  representation,  in 
which  there  would  be  a  great  augmentation  of 
members,  and  especially  in  the  West,  where  tho 
operation  of  the  present  bank  was  most  inju- 
rions.  The  stockholders  had  not  applied  for  tho 
rtcharter  at  this  session :  that  was  the  act  of 


tho  directors  and  politicians,  or  mther  of  the 
politicians  and  direct'irs;  fur  the  furmer  gov- 
erned the  dteision.  The  Ktockliolders  in  their 
meeting  hist  .*^>i'ptemlnT  ciily  authorized  the 
president  and  din-ctorn  to  apply  at  any  tiiiii> 
l>efore  the  next  triennial  muting — at  any  tiiiii- 
within  throe  year."  ;  and  that  woidd  carry  Uu- 
application  t<>  the  ri;;ht  time.  I,  tlurefore.  in 
veighed  against  tho  present  a[iplication,  and  in 
sistcd  tl 

"Many  reasons   fip|io.«e  the   (inal  action  of 
Congress  upon  this  subject  at  the  present  time. 
^\'e  are  exhausted  with  the  tedium,  if  not  with 
tho  labors  of  a  six  months'  se-^sion.     Our  hearts 
and  mind.s  nuist  be  at  home,  though  our  bndie-t 
are  here.     Mentally  and  bodily  we  are  unable 
to  give  tiie  attention  and  ccnisideration  to  tins 
question,  which  tho  magnitude  of  its  principle^, 
tho  extent  and  variety  of  its  tletail.-*,  demand 
from  us.     Other  subjects  of  more  immediatu 
and  pressing  interest  must  be  thrown  aside,  to 
make  way  for  it.    The  reduction  of  the  price  of 
the  public  lands,  for  which  the  new  States  have 
been  petitioning  for  so  many  j'ears,  and  the 
modification  of  tho  tarifl",  the  continuance  of 
w^hich  seems  to  be  weakening  tho  cement  which 
binds  this  Union  together,  must  be  postponed, 
and  possibly  lost  for  tho  session,  if  we  go  on 
with  tho  bank  question.     Why  has  tho  taritf 
been  dropped  in  the  Senate  ?     Every  one  recol- 
lects tho  haste  with  which  that  subject  was 
taken  up  in  this  chamber;  how  it  was  pusheil 
to  a  certain  point ;  and  how  suddeidy  and  gen- 
tly it  has  given  way  to  the  bank  bill !     Is  there 
any  union  of  interest — any  conjunction  of  forces 
— any  combined  plan  of  action — any  alliiince, 
ofl'ensive    or    defensive,    between    tho    United 
States  Bank  and  the  American  system  ?    Cer- 
tainly they  enter  tho  field  together,  one  here, 
the  other  yonder  (pointing  to  the  House  of 
Representatives),  and  leaving  a  clear  stage  to 
each  other,  they  press  at  once  upon  both  wings, 
and  announce  a  perfect  non-interference,  if  not 
mutual  aid,  in  tho  double  victory  which  is  to  bo 
achievetl.    Why  have  the  two  bills  reported  by 
the  Committee  on  Manufactures,  and  for  taking 
up  which  notices  have  been  given :  why  arc  they 
80  suddenly,  so  easily,  so  gently,  abandoned  ? 
Why  is  the  land  bill,  reported  by  the  samo 
committee,  and  a  pledge  given  to  call  it  up 
when  the  Committee  on  Public  Lands  had  made 
their  counter  report,  algo  suffered  to  sleep  on 
the  table  t    The  counter  report  is  made ;  it  irt 
printed  j  it  lies  on  every  table  ;  why  not  go  on 
with  the  lands,  when  tho  settlement  of  the  ques- 
tion of  tho  amount  of  rcveimo  to  be  derived 
from  that  source  precedes  tho  tariff  question, 
;  and  must  be  settled  before  wo  can  know  how 
I  much  revenue  should  be  raised  from  imports. 
i      "An  unfinished  investigation  presented  an- 
other reason  for  delaying  the  final  action  of  Con 
gress  on  this  subject.    The  House  of  Keprescntu' 


L'4G 


TIIIUTV  YKAHS'  VIKW. 


tivf*  hail  np|><iitit<-il  n  ••otmiiiitrc  to  invontitrntf 
till- iitliiirN  (if  the  ImiiK  ,  tliry  liml  (jrooci'tli-il  lo 
tin'  limit  of  tin-  titiic  ailoitcil  tin  in  — had  n'|Mirt- 
«■  I  ailvcr-'i-ly  t<i  the  tiank — ami  csiKTiallv  njiain^t 
fill'  rcin'w:«l  «if  till'  rliiirtiT  at  tins  »ii'i<sii)n  ;  iiti'l 
li;i'l  ar^riK'd  tlio  iu'ci's>ity  ol  liirllitT  cxniniim- 
tiDim.  Woiilil  tlu!  Seiuitc  i.nH;i'»'(l  while  tlii^ 
iiiilliiih'luMl  iiivcsti^'iitiiin  whh  <li'|ii'n<liiiK  in  the 
•  iiluT  end  <if  tlw  liiiildinc  7  Would  they 
.'I't  SI)  as  til  liiiiit  till'  invi'Htijration  t<i  the  I'rw 
wirkH  which  wi'i'i'  allowi'il  to  the  CDiiiniittw, 
whi-n  we  havi'  fniin  four  to  «i.\  yi'iir.-i  on  hand 
within  whii'ii  to  iiiukc  it  ?  Thi'  riporfs  of 
this  comniitti'c,  to  the  iiinonnt  of  soino  ITijOdO 
ropit's  had  Ik'I'h  oi'dcrcd  to  Ik-  printtMl  by  the 
two  Housi'H,  to  liiMli-itrihiitcd  ninon;;  tlie  pi'oiik". 
For  what  pui'iKiat?  Certainly  that  the  propli- 
iiii;;ht  ifud  tliein— make  np  their  ininilH  upon 
tlii'ir  contents — and  comnnmicnte  their  se'iti- 
meiits  to  their  n'presentatives.  I'mt  these  re- 
jiorts  are  not  yet  distrihiited  ;  they  are  not  yet 
lead  liy  the  jieople  ;  and  why  order  this  distri- 
liiition  without  waltinfr  for  its  ellbot,  when  there 
i.-i  so  much  time  on  hand  ?  Why  treat  the  jk'o- 
plu  with  this  mockery  of  a  pretended  consulta- 
tion— this  illusive  ref'errnee  to  their  judjtnient — 
while  proceedini;  (o  act  heC'ire  they  can  rend 
uhat  we  jiave  Kent  to  them?  Nay,  more;  the 
Very  documents  upon  vvh  'h  the  reports  are 
(bunded  are  yet  un|irinted  !  The  Senate  is  ac- 
tuiilly  pushed  into  this  discussion  without  linv- 
inir  si'en  the  evidence  which  lias  been  collected 
by  the  investipitins  committee,  and  which  the 
Senate  itself  lias  ordered  to  lie  printed  for  the 
inl'ormntioii  of  its  niembors, 

'•  'I'he  decision  of  this  question  does  not  belonp 
to  this  Coiiftresfl,  but  to  the  Con<rres8  to  be 
elected  under  the  new  census  of  1H30.  It 
looked  to  him  like  usurpation  for  this  Coufrress 
to  seize  upon  n  question  of  this  magnitude,  which 
required  no  decision  until  the  new  and  full  rep- 
H'sentation  of  the  jicople  shall  come  in ;  and 
which,  if  decided  now,  thoujj;h  prematurely  and 
liy  usurpation,  is  irrevocable,  although  it  cannot 
take  elleet  until  18;{() ; — that  is  to  say,  until 
three  years  after  the  new  and  full  representa- 
'ion  would  be  in  power.  AVliat  Congress  iii 
liis  ?  It  is  the  apportionment  of  18120,  formed 
on  a  population  of  ten  millions.  It  is  just  poinpj 
out  of  existence.  A  new  Con^rrcss,  apportioned 
upon  &  representation  of  thirteen  millions,  is 
already  provided  for  by  law ;  and  after  the  4th 
of  March  next — within  nine  months  from  this 
day — will  be  in  power,  and  entitled  to  tlie  seats 
in  which  we  sit.  Tha.t  Congress  will  contain 
thirty  members  more  than  the  present  one. 
Three  millions  of  people — a  number  eqiiiil  to 
that  which  made  the  revolution — are  now  un- 
represented, who  will  be  tin  n  represented.  The 
West  alone — that  section,  of  the  Union  which 
sutlers  most  from  the  depredations  of  the  bank 
— loses  twenty  votes  !  In  that  section  alone  a 
million  of  peojile  lose  tlieir  voice  \n  the  decision 
of  this  great  question.  And  why  ?  What  ex- 
cuse ?    "What  necessity  ?    AV'hat  plea  for  this 


sudden  ha-to  which  inliTnipts  nn  iintlnisli, ,| 
invcstignt'on — ntn  n.-ide  the  immediate  lm,iiiii.., 
of  the  iK'iijile — and  iisurim  the  riuhtsitroiir  mi,. 
ressors  1  No  j)lca  in  the  world,  exwpt  tlmt  n 
gifmntic  moneyed  inctitiition  refuses  ti>  wun 
and  mii:U  have  her  inqierial  wishes  innr.cillntilv 
gratiiled.  If  a  charier  was  to  be  grunted  j» 
should  Ix'  diiiie  with  ns  little  inva'^ion  of  tln' 
rights  of  posterity — with  as  little  encrnnchmciit 
upon  the  priviligi"- of  our  successors — as  imh^j. 
bie.  Once  in  ten  years,  and  that  at  the  rom- 
mencement  of  each  full  representation  iii(|,.r  ^ 
new  census,  would  be  the  most  apprnpriati. 
time;  and  then  charters  should  lie  lor  tin  and 
not  twenty  years. 

".Mr.  ]{.  had  nothing  todovith  motives,    J],, 
neither  preferred  accusations,  nor   prono'uicnl 
absolutions:  but  it  was  impossible  to  shut  hU 
eves  upon  facts,  and  to  close  up  his  reason  aj;ain>t 
the  induction  of  inevitable  inferences.     The  pu'. 
sidental  election  was  at  hand  ; — it  would  cdtio 
in  four  mouths ; — and  liere  was  a  question  which, 
in  the  opinion  of  all,  must  aliect  that  clertinn 
— in  the  opinion  of  some,  may  decide  it — which 
is  pressed  on  for  decision  four  years  liefore  it  !•* 
necessary  to  decide  it,  and  six  years  befori'  it 
onghi  to  be  decided.    AVhy  this  sudden  pressure  ? 
Is  it  to  throw  the  bank  bill  into  the  hniids 
of  the  J'resident,  to  solve,  by  a  practical  referenn 
the  disputed  problem  of  the  executive  veto,  inul 
!  to  jilace  the  I'resident  under  a  cross  fire  from  the 
j  opposite  banks  of  the  Potomac  lliver?    IIp[.\Ir, 
I  B.]  knew  nothing  about  that  veto,  but  he  kmw 
something  of  human  nature,  and  somethiiifr  nf 
I  the  rights  of  the  people  under  our  representativi' 
'  form  of  government ;  and  he  would  be  free  t» 
say  that  a  vejto  which  would  stop  the  encronoV 
[  ment  of  a  minority  of  Congress  upon  the  rights 
I  of  its  successors — which  would  arrest  a  fri).'lit- 
i  ful  act  of  legislative  usurpation — which  ^voukl 
retrieve  for  the  people  the  right  of  deliberation, 
>  and  of  action — wliich  wouldarrcsttheoverwlulm- 
i  ing  [irogress  of  a  gigantic  moneyed  institution— 
which  would  prevent  Ohio  from  being  deprivi'l 
of  live  votes,  IniUana  from  losing  four,  Tenncf-«'..' 
four,  Illinois  two,  Alabama  two,  Kentucky,  Mis- 
sissippi and  Missouri  one  each— which  would 
j  lose  six  votes  to  New- York  and  two  to  I'ennsyl- 
j  vania ;  a  veto,  in  short,  which  would  protect  tho 
i  rights  of  three  millions  of  ixjople.  now  unrcpit- 
:  .sented  in  Congress,  would  be  an  act  of  cons-titu- 
tional  justice  to  the  people,  which  ought  t(.  raise 
I  the  President,  and  certainly  would  raise  him,  to  a 
1  higher  degree  of  favor  in  the  estimation  of  evoiv 
1  republican  citizen  of  the  community  than  he  now 
j  enjbyed.    By  passing  on  the  charter' now,  Coii- 
I  giess  would  lose  all  check  and  control  over  tlie 
I  institution  for  the  four  years  it  had   yet  to 
I  run.    The  pendency  of  the  question  was  a  rod 
over  its  head  for  these  four  years ;  to  deciiie 
j  the  question  mow,  is  to  free  it  from  all  restraint, 
i  and  turn  it  ,»(ise  to  play  what  part  it  pleased 
j  in  all  our  affairs — elections,  State,  federal,  presi- 
dential. 
1      '"Mr.  B.  turned  to  the  example  of  England 


States :  and,  unlesi 


ANNO  is: .J     ANPIIKW  JACKiJO.V.  .••ia>IliF.NT 


247 


,,!  lN';rvr<'<l  the  rr>piit>1ir«n  Smate  of  tlio  rnit»'«l 

.  }!i'-i  tu  tnko  II  Ic.x.oon  froii)  tho  tiinnitrcliinl  | 
Biiaaiii'ltt  iif  (iii'iit  liritniii.  W'v  rdjiinl  lliiir 
,ilw:iy-i;  why  not  their  f^'Mxl  ouch  J  Wo  mp- 
,,io'ir  liiitik  chiutiT  fn)in  tlu'irs;  why  ii<>i  imi  , 
tjU'  t!>'  III  III  their  iin|iMVt'ni<'iitH  u|ii>ii  th«  ir  oun 
jrtik  /  At  tirhl  the  hunk  hiul  ft  int)ii<>|K)ly  n'suU- 
;;i;  frniu  im  txchisivi-  privilip':  ihiil  is  now 
,;,iiii''l.  l-'tirncrly  tlie  churtir  was  rein.'\vtil 
-viral  ydirs  liefore  it  Wis  out:  it  now  hiw  h-ss 
thaii  a  y^^'T  to  run,  and  is»  not  yet  rt'churtoroil."  } 

Aiii'tion  was  made  hy  Mr.  Mooro  of  Ala-' 
Ijiia,  (krlnriitory  of  tlie  ri^ht  of  thi'  Stafcs  to  ■ 
.vliiiit,  i>r  <li'ny  the  cstublishinent  of  branches  of  \ 
ihc  mother  hnnk  within  tlicir  limits,  and  to  tax 
ihiir  loiiiis  and  issues,  if  sliochosi;  to  iuliiiit  them: 
anil  in  support  of  tlmt  motion  Mr.  Uentou  made 
;liL»  speech : 

■The  iimendm"nt  offered  hy  the  senator  from 
Alatunia  [Mr.  Moore]  was  declaratory  of  the 
-..-Ills  of  tlio  States,  lx)t)i  to  refuse  admission  of 
tiiisi'  liranch  banks  into  their  limits,  and  to  tax 
ijitm,  like  other  pro]H;rty,  if  admitted :  if  this 
lUiKiiilnieiit  was  struck  out,  it  was  tantamount , 
tia  U'dislativo  declaration  that  no  such  ri);hts  ; 
txisteil,  and  wouhl  operate  as  a  confirmation  of  | 
ihe  (U'cision  of  the  Supreme  Court  to  that  eflect.  \ 
it  U  to  no  purpose  to  say  that  the  rejection  of  ; 
i:k' amendment  will  leave  the  charter  silent  upon  | 
ilie  subject ;  and  the  rights  of  the  States  whist-  ' 
-ivir  they  may  be,  will  remain  in  fuU  force.  , 
Tiiiit  is  the  state  of  the  cxi.sting  charter.    It 
i<  sknt  upon  the  subject  of  Sttite  taxation ; 
and  in  that   silence  the  Supreme  Court   has 
.>[ioken,  and  nullified  tlie  rights  of  the  States. 
That  court  has  decided  that  the  Bank  of  the 
liiited  States  is  independent  of  State  legislation ! 
coii>ei|uently,  that  she  may  send  branches  into 
tlie  States  in  defiance  of  their  laws,  and  keep 
tliera  there  without  the  payment  of  tax.     This 
ij  tlic  decision ;  and  the  decision  of  the  court  is 
;:ie  law  of  the  land ;  so  that,  if  no  declaratory 
I  iause  is  pat  into  the  charter,  it  cannot  be  said 

I  tiiat  the  new  charter  will  be  silent,  as  the  old 
Olio  wus.  The  voice  of  the  Supreme  Cctrt  is 
noiv  heard  in  that  silence,  proclaiming  the  su- 
premacy of  the  bank,  and  the  degradation  of  the 
State.*! ;  and,  unless  we  interpose  now  to  coun- 
tervail that  voice  by  a  legislative  declaration,  it 
will  be  impo.ssiblc  for  the  States  to  resit  it,  ex- 
cipt  hy  measures  which  no  one  wishes  to  con- 

I  template. 

ilr.  B.  regretted  that  ho  had  not  .seen  in  the 

I  papers  any  report  of  the  argument  of  the  senator 
from  Virginia  [Mr.  Tazewell]  in  vindication  of 
the  right  of  the  States  to  tax  these  branches. 
it  was  an  argument  brief,  powerful,  and  conclu- 
sive—lucid as  a  sunbeam,  direct  as  an  arrow,  and 

1  mortal  sm  the  stroke  of  fate  to  the  adversary 
speakers.    Since  the  delivery  of  that  argument, 

I  they  hud  sat  in  dumb  show,  silent  as  the  grave, 
laute  as  the  dead,  and  presenting  to  our  imagi- 


mn  the  r«'nli/.:ition  of  the  Abfie  ."^ieyi'dV  fj- 
iii'ML^  coiiivption  iif  n  dumb  li'^iHlittnn-.  IWft >rc 
Ih^  .*<tat«  s  hurniiiliTeil  n  iMiriJnn  of  tlitir  Mive- 
rei;rnily  to  rnute  this  li'ilcnii  uuvcriiiiiint,  they 
posM'ssed  the  unlimited  power  of  iH.xiition;  in 
the  act  oi  the  surrender,  whieh  is  the  CMn-dtii- 
tioti,  they  uliridp'<!  this  unliinitrrl  rit.'ht  lint  in 
two  piirficulars— -»x|K»rts  and  imporl' — which 
they  ii^rreeil  no  lontrer  to  tux,  and  (herel'ure  re- 
tained tlie  taxing.'  jiower  enlifi'  over  all  oiln-r 
subjects.  This  w  m  the  siib^tame  of  the  arnu- 
imnt  whiefi  dumhf 'Uiided  tliii  adversary;  and 
the  distinction  wliieh  was  ntteinpletl  to  U- -et 
Up  lietweeii  taii'.;il.!e  and  intimjiihle,  visifile  and 
invisible,  objects  nf  taxation  •,  between  f'rani  hi- 
,ses  and  privile^'is  on  one  side,  and  material  suli- 
stancvs  on  the  otlier,  was  so  eoinpleti  ly  bla>l- 
ed  and  annihilated  by  one  additional  stroke  of 
lightning,  that  the  fit  hereof  the  distinction  really 
believed  that  they  had  never  made  it !  and  snug 
tlieir  pul.iiodes  in  the  face  of  the  I  louse. 

"'fhe  argument  that  these  bmnehes  are  ne- 
cessr.ry  to  enable  the  federal  government  to  car- 
ry on  its  fiscal  o|x.'ratioiis,  and,  therefore,  ought 
to  be  independent  of  State  legi.-lation.  is  an- 
swered and  expunged  by  a  niiitter  of  fact,  name- 
ly, that  Congress  itself  has  determineil  otliir- 
wiso,  and  that  in  the  very  charter  of  the  bunlw. 
The  charter  limits  the  right  of  the  fediiul  gov- 
ernment to  the  establishment  of  a  single  branch, 
and  that  one  in  the  District  of  Columbia!  The 
liranch  at  this  place,  and  the  pairnt  bank  at 
Philadelphia,  arc  all  that  the  federal  government 
has  stipulated  for.  All  beyond  that,  is  lel'l  to 
the  bank  itself;  to  establish  branches  in  the 
States  or  not,  as  it  suited  its  own  interest ;  or  to 
employ  State  banks,  with  the  approbation  of  the 
Secretary  of  the  Treasury,  to  do  the  business  of 
the  branches  for  the  United  States.  Congress 
is  contented  with  State  banks  to  do  the  business 
of  the  branches  in  the  States ;  and,  therefore,  au- 
thorizes the  very  case  which  gentlemen  appre- 
hend and  so  loudly  deprecate,  that  New-York 
may  refuse  her  assent  to  the  continuance  of  the 
branches  within  her  limit.s,  and  send  the  public 
deposits  to  the  State  banks.  This  is  what  the 
charter  contemplates.  Look  at  the  charter ;  see 
the  fourteenth  article  of  the  ons'itution  of  the 
bank;  it  makes  it  optionary  wi^i-  ihe  directors 
of  the  bank  to  establish  brar-^htT  ii  such  States 
as  they  shall  think  fit,  with  V.m  alternative  ^t 
using  State  banks  as  their  hub;*,  itutcs  in  Statce 
in  which  they  do  not  choose  to  establish  branch- 
es. This  brings  the  establishment  of  branches 
to  a  private  att'air,  a  mere  question  of  profit  and 
loss  to  the  bank  itself;  and  cuts  up  by  the  roots 
the  whole  argument  of  the  necessity  of  the.se 
branches  to  the  fiscal  operations  of  the  federal 
government.  The  establishment  of  branches  in 
the  States  is,  then,  a  private  concern,  and  presents 
this  question:  Shall  non-residents  and  aliens 
— even  alien  enemies,  for  such  they  may  be — 
have  a  right  to  carry  on  the  trade  of  banking 
within  the  limits  of  the  States,  without  their 
consent,  without  liability  to  taxation,  and  with- 


248 


'j  MI  HIT  YKARS'  VIEW. 


l^ 


out  Rmcniiliility  tn  StiAe  l(<i'ii<latiitn  7  The  ittir- 
prslioii  that  the  I'niti'il  Sl.ih  <  nvvii^  i»n  iiitrrcht 
in  tlii<*  liaiik.  is  of  no  nvuil.  If  flic  <>\\  ntij  it  nil. 
it  uixiM  xtill  Im-  Hiilijcct  t<>  tiixatioii.  jiki'  till 
clliir  iiriipcrly  in  which  hhc  hnIiU  iii  the  .StuttH. 
'i'hc  lii;>i|-t  which  kIic  liinl  ohtiiiiicd  Irntu  iiiill\ii|- 
iiitlM  ill  r4:itir>ritctiiin  nf'dclit-*.  were  all  Niilijcct  to  ^ 
tuxiitiuii ;  th(.-  piililic  liiml.t  which  f-hc  luiil  l>y 
trr.iiit-i  IcDiii  tlic  StittcH,  or  ihit'Ikiscm  iVorii  flll■ei^(n  ] 
iMiwcrn,  M  vi'c  only  fXcniptcil  (Voiii  taxutioii  hy 
virtue  ()rcolii|i;ictH,  anil  the  pauneiit  of  live  per 
ceiituni  on  the  proceeils  of  tliu  hulc*  for  thnt  ex- 
i'lKption,"  ] 

The  motion  of  Mr.  Mobro  was  rojccted,  ami 
hy  the  ii.HUiil  iiiiijority. 

Mr.  liuntoii  then  luorcl  to  ntriko  out  fo  much 
ot'the  hill  (iH  (Tiive  to  Uie  hunk  cxchi.-ive  jirivi- 
lej;eB,  and  to  insert  a  provision  muking  the  j 
ptockholders  liahle  for  the  dehts  of  tho  institu- 
tion ;  and  in  siijpport  of  liis  motion  quoted  the 
case  of  the  three  Scottish  banks  which  had  no 
exclusive  jirivilepe,  and  in  wliicli  tho  f tockhold- 
firs  were  liable,  and  the  superior  excellenco  of 
which  over  the  Hank  of  Kngland  wa.s  admitted 
and  declared  by  Enj^lish  statcsuien.    lie  said: 

"The  three  Scottish  banks  had  lield  each 
other  in  check,  had  jirocceded  moderately  in  all 
their  operations,  conducted  their  business  regu- 
larly and  prudently,  and  always  kept  themselves 
in  a  condition  to  face  their  creditors ;  wliilc  the 
sinjjle  l']nf>;Iish  bank,  having  no  check  frrmi  rival 
inatitutions,  ran  riot  in  the  wantonness  of  its  own 
unbridled  power,  delujrfng  tho  country,  when  it 
pleased,  with  paper,  and  filling  it  with  speculation 
and  extra va;;ance ;  drawing  in  again  when  it 
pleased,  and  iilling  it  with  bankruptcy  and  pau- 
perism ;  often  transcending  its  limits,  and  twice 
stopping  payment,  and  once  for  a  period  of 
twenty  years.  There  can  bo  no  question  of  the 
incomparable  superiority  of  the  Scottish  banking 
system  over  the  English  banking  system,  even 
in  a  monarchy ;  and  this  has  been  officially  an- 
Mounceil  to  the  Bank  of  England  by  the  British 
ministry,  as  far  back  as  the  year  182G,  with  the 
authentic  declaration  that  the  English  system 
of  banking  must  be  assimilated  to  the  Scottish 
r-y  stem,  ami  that  her  exclusive  privilege  could 
never  be  renewed.  This  was  done  in  a  corre- 
spondence between  tho  Earl  of  Liverpool,  first 
Lord  of  the  Treasury,  and  Air.  Robinson,  Chan- 
nellor  of  the  Exchequer,  on  one  side,  and  the 
(iovernor  and  Deputy  Governor  of  tho  Bank  of 
England  on  the  other.  In  their  letter  of  the 
I8th  January,  1820,  the  two  muiic^ers,  adverting 
,0  the  fact  of  the  stoppage  of  payment,  and 
-epeated  convulsions  of  the  Bank  of  England, 
while  the  Scottish  banks  had  been  wholly  free 
from  such  calamities,  declared  their  conviction 
that  there  existed  an  unsound  and  delusive  sys- 
tem of  banking  in  England,  and  a  sound  and 
bolid  system  in  Scotland!    And  they  gave  the 


oflWnl  MMimnrt'of  (he  U,  ;'  :  rot  •i\)fntii  ti,n 
neither  llii*  .Mnjtuty's  mini  v  .  ■,  :  or  |.\rliiiiiHnt 
woulil  ever  nunc  to  n-iu-w  the  ('hnrtrr<(  i;-,,, 
Kikiik  of  Kn)xlikiid  with  theirexchinive  p.'  'il(.|^i 
i;xelu*ive  privilegcM.  they  fnid,  wei  •  out  offa,|,^ 
ion!  .Nor  ii  it  nrtewed  to  this  day,  thnini, 
the  charter  In  within  nine  uiuntliH  of  iii  vxiii (. 
turn! 

"In  the  [liouliar  oxrellencw  of  the  S((  tf ,;, 
pl:)ii,  lies  »  few  pi  till  iiiid  obvious  priiicihl,.. 
elo-cly  relateil  to  n-puhlienn  ideas,  lirht.  ,\  , 
exclusive  privileges.  .S'coiwlly.  Thn  e  in.!,. 
IR'Hileiit  banks  to  ehetk  and  control  each  iiiIki- 
and  dillii-e  their  iK'iielits,  instead  of  one  {■,  ,\, 
as  it  plea.^ed,  mid  moiiopoli/.e  thenioiieud  [h.^v,  ; 
Thirdly.  The  liability  of  each  HtockholiKr  fir 
the  amount  of  his  ftook,  on  tho  fuihiie  (,f  th, 
1  iiik  to  redeem  its  notes  in  specie.  Fouttlil,. 
The  piiviiient  of  a  niodeiate  interest  to  (!(|i,„'i. 
tors.  Ipon  tlicHe  few  plain  principles,  ii!|  ,| 
them  founded  in  reimblican  notions, ei|iml  ii;;litv 
anil  eiiuiil  justice,  the  Scottish  banks  liavi;  n.]. 
vaiiced  themselves  to  the  first  rank  in  Eiiriii,c. 
have  ecliiised  the  Bank  of  England,  and  cuu-kI 
it  to  be  condemned  in  its  own  country,  aiwlliuvt 
made  themselves  the  model  of  all  future  liaiikini; 
institution.^  '.n  Great  Britain.  Ami  now,  i; 
would  be  a  curious  political  phenoineiioii,  iir.il 
might  give  ri.se  to  some  interesting  speculatidn- 
on  the  advance  of  free  principles  in  England,  ainl 
their  decline  in  America,  if  tho  Scottish  repuli- 
lican  plan  of  banking  should  be  rejected  Imt, 
while  preferred  there;  and  the  British  nioiiarciii,!! 
plan,  which  is  condemned  there,  should  be  ]i<.r- 
pctuated  here !  and  this  double  incoiigniitv 
committed  without  necessity,  without  e.\cu^i^ 
without  giving  the  people  time  to  consider,  ami 
to  communicate  their  f-entiments  to  their  cim- 
stituent.'i,  when  there  is  four,  if  not  six  year.s.  {nt 
them  to  consider  tho  subject  before  final  decisiou 
is  required ! " 

The  clause  for  continuing  the  exclusive  pri- 
vilege of  the  bank,  was  warmly  contested  in  t!ie 
Senate,  and  arguments  against  it  drawn  Ironitliu 
nature  of  our  government,  as  well  as  from  tho 
example  of  the  British  parliament,  which  Imii 
granted  tho  monopoly  to  the  Bank  of  England 
in  her  previous  charters,  and  denied  it  on  tlic 
last  renewal.  It  owed  its  origin  in  England  to 
the  high  tory  times  of  Queen  Anne,  and  its  ex- 
tinction to  tho  liberal  spirit  of  the  prcseni 
century.  Mr.  Benton  was  the  chief  speaker  ou 
this  point ;  and — 

"  Pointed  out  the  clauses  in  the  charter  whidi 
granted  the  exclusive  privilege,  and  imposed  the 
restriction,  which  it  was  the  object  of  his  motion 
to  abolish ;  and  read  a  part  of  the  21st  section, 
which  enacted  that  no  other  bank  should  be 
established  by  any  future  law  of  the  Unitwl 
States,  during  the  continuance  of  that  charter, 
and  which  pledged  the  faith  of  tho  Fnitcd  State: 


tiralar  set,  and 


ANNO  :«::a.     ANDIIKW  JAfKSON',  nU>II>KNT. 


-MO 


ob««<rTiincp   cif  the  mnnnjKiIr  thopphjr 
iT'»U''l-     "*'  '^'*l  ('■*'  privili'i:!'  of  liiiiikiiit;,  h.'n- 


ih.' 


I't'I'  of  lillliki 

■.T»iil<''li  »'i»*  »n  oxclimivi'  privili't'iv  n  iiMiiio|i<>ly, 
Mill  »i>  iiivaHion  of  the  ri^lil*  of  nil  fuiiin'  Coii- 
-^JM'K.  n*  Wfll  a*  of  tln"  ri^rlit*  of  nil  ritir.i'nn 
„l  tlic  I  nioii,  for  tlin  U'nii  tli<'  «lmit«T  liml  to 
run.  Atiil  wlilrli  iiiiKJit  )>u  ruii^iilcnMl  |H'r|)i'tiinl ; 
.*  tliiM  \vii«  till'  la^t  titiir  llmt  tlio  iH'<i|iii'  Could 
,vir  iiinko  hfiiil  niruiii.'<t  flu-  ww  |Miiitirnl  powi-r 
uliu'li  rniKotl  itKolf  in  tlic  form  of  titu  bank  to 
, vt rlmlnnri!  evarv  otlior  powi-r  in  tho  novini- 
iiniit.  Tills  fXcltiKivi*  priviU){0  in  contniry  to 
tin.  pi  ;iiii«  of  our  (t"Vt>rninriif,  which  in  a  p)V- 
.niiiu'itt  of  cminl  rijrht!*,  nml  not  of  oxclunivc 
irivilc^'cf ;  ami  it  is  clearly  uniiufhorizcil  by  the 
iMiiHlitiition,  which  only  ailniitH  of  exclusive 
;,i;viU';:ii  in  two  8iiliti»ry,  H|iicilleil  cases,  and 
iu'li  III'  tlu'Ke  founileil  u|)oii  ii  natural  ri^ht, 
i!i.'  cft-e  of  authors  nnd  Inventors  j  to  whom 
',iiij;ii'ss  is  authorized  to  pnint,  for  a  limited 
utiio.  the  exclusive  privilege  of  K'llinjr  their  own 
vritiiijrs  and  discovurieH.  Hut  in  the  case  of 
liiij  charter  there  is  nonntunil  ri^'ht,  and  it  may 
l««e!li^aid  there  is  no  limited  time;  and  the 
iimnupoly  is  fur  more  glarinj^  and  indefensible 
imv  tliiin  when  first  granted ;  for  then  the 
cliutor  was  not  Kranted  to  any  particular  t'ct 
if  individuals,  Init  lay  open  to  all  to  KubscrilK; 
1 1  it ;  but  now  it  is  to  be  continued  to  a  par- 
ticiiliir  set,  and  many  of  them  foreipners,  ami 
all  of  whom,  or  their  assignees,  had  already 
injoyed  the  privilege  for  twenty  3ears.  If  this 
oinpany  succeeds  now  in  getting  their  monopoly 
continued  for  fifteen  years,  they  will  so  intrench 
themselves  in  wealth  and  power,  that  they  will 
lie  enabled  to  perpetuate  their  charter,  and 
transmit  it  as  a  private  inheritance  to  their  pos- 
t  rity.  Our  government  delights  in  rotation  of 
I  tBce ;  all  officers,  from  the  highest  to  the  lowest. 
are  amenable  to  that  principle ;  no  one  is  suilcreu 
to  remain  in  power  thirty-five  years ;  and  why 
<hould  one  company  have  the  command  of  the 
moneyed  power  of  America  for  that  long  period  1 
Can  it  be  the  wish  of  any  person  to  establish  an 
oligarchy  with  imbounded  wealth  and  peqictual 
ixistence,  to  lay  the  foundation  for  a  nobility 
lud  monarchy  in  this  America ! 

'"The  restriction  upon  future  Congresses  is  at 
<var  with  every  principle  of  constitutional  right 
and  legislative  equality.  If  the  constitution  has 
iriven  to  one  Congress  the  right  to  charter  banks, 
it  has  given  it  to  every  one.  If  this  Congress 
has  a  right  to  establish  a  bank,  every  other 
Congress  has.  The*  power  to  tie  the  hands  of 
our  successors  is  nowhere  given  to  us ;  what 
uc  can  do  our  successors  can ;  a  legislative  body 
is  always  equal  to  itself.  To  make,  and  to 
amend ;  to  do,  and  to  undo ;  is  the  prerogative 
of  each.  But  here  the  attempt  is  to  do  what  wo 
imrselves  cannot  amend — what  our  successors 
cannot  amend — and  what  our  successors  are 
forbidden  to  imitate,  or  to  do  in  any  form.  This 
Fiiows  the  danger  of  assuming  implied  powers. 
if  the  power  to  establish  a  national  bank  had 
Wen  expressly  granted,  then  the  exercise  of  that 


powrr,  hc\n7  oner  etrrtnl,  wnnM  lx'rxh:>ii«ti'd, 
ntii|  no  furtbir  Ir^i'-lnlion  wmiM   niit.iin  to  hi' 
iloiD' ;  but  (hi*  |Mi\vrrii>  now  a>i-iiiiiril  upon  con 
hlriictioii,  afirr   having  Ik«'ti   twii'i*  niri'lrd.  in 
the  roiivt'iilion  wbii'h  frnnu'd  tin-  r>iiiHii(uiion, 
mid  irt,  tluTcfori'.  without  liiiiitatioii  n^  lo  uiiiiiImt 
or  rhariu'ttr.     .Mr.  Mmlison  \Vii>i  I'Xprts*  in  bit 
o|iiiiioiiH  in  the  u-ar  17WI.  that,  if  tluTi'  wii«'.iiv 
bonk  clmrteri'il.  there  ought  to  be  mmtiiI  !    Tin 
gi'iiiim  of  the  Kritiyh  inoiiuri'liy,  he  Mii<l,  faM>r\il 
the   coiiceiil ration   of   wialtli   ami    |><i\ver.     Iti 
America  the  genius  of  the  govemmeMl  rei|uirei| 
the  diiriiHion  of  wealth  anil  jiowi  r.     The  cftnb- 
lishment  of  branches  did  not  cati^fy  the  prin 
ciplo  of  ililfiiHion.     Several  inilejK'iuleiif  l>;iiik.s 
alone  could  do  it.     The  bnindies,  instead  of  leh- 
scning  the  wealth  and  jiower  of  the  oinvli'  innti- 
I  tution,  greatly  increaced  both,  by  givintr  to  t  In- 
great  central  parent  bunk  an  or;:iini/aliiiu  ami 
j  ramification  which  pervaded  the  whole  I  nioii. 
I  drawing  wealth  from  every  jiart,  ami  siilijirting 
I  every  part  to  the  operulions,  political  hihI  |.e- 
:  ciiniary,   of  the  central   instil  iition.     Hut  this 
'  restriction  ties  up  the  hands  of  Congrch^s  (roin 
!  granting  other  charters.     IJebave  ain  it  inny — 
j  plunge  into  all  elections — coiivuli^o   the  rnmitry 
with  expansions  and  contractions  of  jmiK  r  cur- 
rency— fail  in  its  ability  to  help  llio  iiieivlmnts 
;  to  pay  their  bonds — stop  payment,  and  leave  the 
governineiit  no  option  but  to  receive  it-^  dis- 
I  honored  notes  in  revenue  payments — nnd  tstill 
I  it  Would  be  H'curc  of  its  monopoly  ;  the  hands 
of  all  future  Congresses  would  be  tied  up  ;  iiiid 
1  no  rival  or  additional  banks  could  be  established, 
to  hold  it  in  check,  or  to  supply  its  place. 
[      "  Is  this  the  Congn'ss  to  do  these  things  ?     Is 
I  this  the  Congress  to  impose  ri'Ptrictions  upon 
;  the  power  of  their  successors  ?     Is   this  tbi> 
!  Congress  to  tie  the  hands  of  all  Congresses  till 
!  the  year  1851  ?    In  nine  months  this  Congress 
is  defunct  I    A  new  and  full  representation  of 
the  people  will  come  into  power.     Thirty  addi- 
tional members  will  be  in  the  House  of  Repre- 
sentatives ;  three  millions  of  additional  people 
will  be  represented.    The  renewed  charter  is 
not  to  take  effect  till  three  years  after  this  full 
representation  is   in  power!    And  are  we  t-i 
forestall   and   anticipate   them  ?      Take    their 
proper  business  out  of  their  hands — snatch  the 
sceptre  of  legislation  from  them — do  nu  act 
which  we  cannot  amend — which  they  cannot 
amend — which  is   irrevocable  and  intangible ; 
and,  to  crown  this  act  of  usurpation,  deliberately 
set  about  tying  the  hands,  and  imposing  a  re- 
striction upon  a  Congress  equal  to  us  in  consti- 
tutional power,  superior  to  us  in  representative 
numbers,  and  better  entitled  to  act  upon  the 
subject,  because  the  present  charter  is  not  to 
expire,  nor  the  new  one  to  take  effect,  until 
three  years  after  the  new  Congress  shall  be  in 
power !    It  is  in  vain  to  say  that  this  reasoning 
would  apply  to  other  legislative  measures,  and 
require  the  postponement  of  the  land  bill  una 
the  tariff  bill.    Both  these  bills  require  imme- 
diate decision,  and  therein  difier  from  the  bank 


'*:i- 


1 

f 


i4^ 


250 


THIRTY  TEAllS-  Virrw. 


I , 


l)ill,  wliich  n'f|iiiriR  no  dicision  for  tliivc  years  ,  Island;  N'auilain,  of  Delaware  j  Poindixttr  <! 
to  con...  I?ut  the  «)ill«;rence  is  greater  stilf ;  for  Mississippi ;  Pn-ntiss,  of  Vermont ;  Kol.l.in,"  of 
the  landl.ill  and  turillbill  are  ordinary  acts  of '  „,     ,    ,        ,     ,,  , .  '  ,  ,,i-    '.'"'""•  "' 

kri.iation,   o,K.n  to  amendinc-    or  r/peal,  i,y  j  Khode  Islan'l ;  Robinson,  of  llhnoLs ;   It,,.;-!,, 

ourselvoi!  and  siicasKorrt  ;  hut    i.    chaiter  is  to  .  "'  *^'""  !    Seymour, 
he   irrevDCulde,  miamendal 
(,'onj,'resse.s   till   the  year 


oi    Vermont ;   .Sil,),,^.,  „f 
hie.  hindinK  upon  all  j  Massacliusetts ;  Smith  (Gen.  Samuel),  of  Man. 

usurpation;  and  if  |Hri)etn!te(i  by  CouKress,  and    rr  .„,•„  „       en  .•     »       -i.' 

..r.  .,        I  ,11  1'        i-  ,     ii    \  lomlinson,    of    Connectjcut ;    Wai'L'annn    ,r 

iilterwards  arrested  hy  an  Kxecutive  veto,  the  I        ..        '  ..»,  .vui ,     ».  up).,iiii.m,   ^r 

Tresident  will  beeoine  the  true  representative  of  I  I^u'**'"""^;  Webster,  of  Massaehusetts ;  aiW 
the  j>eo]ile,  the  faithful  defender  of  their  ri{,dit^,  j  Wilkiris,  of  Pennsylvania:  28.  Nays:  .^I^"^^l^, 
and  thedcnnderof  theriphtsof  thenewConjiress  ■  Benton.of  Missouri;  Bibb,  of  Kentucky ;  Uron-n' 
which  will  assemble  under  the  new  census.      L r  \t„_»u  n  _„r         n-  i  cv       ^ 

" Mr.  ]J.  eonclu.le.1  bis  remarks  bv  showiuR  the  \  ^f  ^"""^^  <^^'^«''"-" '  D.ckcrson,  of  .New  Jersey ; 
orifrin.  and  also  the  extinction,  of  the  doctrine  j  ^""'•'y)  o'  New-lork;  Ellis,  of  Mississippi; 
ill  Enjrland.  A  tory  parliament  in  the  reign  of  j  Forsyth,  of  Georgia;  Grundy,  of  Tenncsscf 
Queen  Anne  had  first  granted  an  exclusive  privi-  i  Hayne,  of  South  Carolina ;  Hill,  of  New  Ilami)-' 

lege  to  the  liank  of  England,  and  imposed  a     .,.  „.   ,, „»  j„.     .       ...  /.    .■  . 

restriction  upun  the  right  of  future  parliaments  I  f"^'' '  1^'^"'''  "^  "l'"°^5  ^^'"e,  of  Alaba-.n; 
to  establish  i.i.other  bank;  and  the  ministry  of  j  Mangum,  of  North  Carolina;  Marcy,  cf  New- 


noxious  clauses ;  but  now  that  they  were  con- 
demned in  England  as  too  unjust  and  odious  for 
that  inoiiar'^hiul  country,  they  ought  certainly 
to  be  discarded  in  this  republic,  where  equal 
rights  was  the  vital  principle  and  ruling  feature 
of  all  our  institutions. " 

All  the  amendments  proposed  by  the  oppo- 
nents of  the  bank  being  inexorably  voted  down, 
after  a  debate  which,  with  some  cessations,  con- 
tinued from  January  to  June,  the  final  vote  was 
taken,  several  senators  first  taking  occasion  to 
show  they  had  no  interest  in  the  institution. 
Mr.  Benton  had  seen  the  names  of  some  mem- 
bers in  the  list  of  stockholders ;  and  early  in 
the  debate  had  required  tliat  the  rule  of  parlia- 


of  Tennessee :  20. 


CH  APT  Ell     LXVII. 

DANK  OF  THE  UNITKD  STATES-BILL  FOU  TIIK 
IlKNEWED  CHARTEB  PASSED  IN  TIIK  HOUSE  or 
EErUESENTATIVES. 

Thk  bill  which  had  pa.s.sod  the  Senate,  after  a 
long  and  arduous  contest,  quickly  passed  tlie 
House,  with  little  or  no  contest  at  all,  TLe 
sest "  \  was  near  its  end ;  members  were  wearied ; 
the  i-esult  foreseen  by  every  body — that  tin; 


inentary  law  should  be  read,  which  excludes  the  ■  bill  would  pass — the  veto  be  applied — and  tlw 


interc.sled  member  from  voting,  and  expunges 
bis  vote  if  he  does,  and  his  interest  is  afterwards 
discovered.    Mr.  Didlas  said  that  he  had  sold 


whole  question  of  charter  or  no  charter  go  before 
the  people  in  the  question  of  the  presidential 
election.     Some  attempts  were  made  by  the 


\m  stock  in  the  institution  as  soon  as  it  was  adversaries  of  the  bill  to  amend  it,  by  offering 
known  that  the  question  of  the  recharter  would  I  amendments,  similar  to  those  which  had  been 
come  before  him :  Mr.  Silsbee  said  that  he  had  offered  in  the  Senate ;  but  with  the  same  result 
disposed  of  his  interest  before  the  question  came  in  one  House  as  m  the  other.  They  were  all 
before  Congress :  Mr.  Webster  said  that  the  in-  j  voted  down  by  an  inexorable  majority ;  and  it 
Bcrtion  of  his  name  in  the  list  of  stockholders  was  evident  that  the  contest  was  politic.il,  and 
was  a  mistake  in  a  clerk  of  the  bank.  The  vote  \  relied  upon  by  one  party  to  bring  them  into 
was  then  taken  on  the  passage  of  the  bill,  and  ! 
stood :  Yk.^s  :  Messrs.  Bell,  of  New  Hampshiro ; 
Buckner.  of  Missouri ;  Chambers,  of  Maryland ; 


power;  and  deprecated  by  the  other  ns  the 
flagrant  prostitution  of  a  great  moneyed  corpo- 
ration to  partisan  and  election  purposes.  Thn 
question  was  soon  put ;  and  decided  by  the  fol- 


Clay,  of  Kentucky ;  Clayton,  of  Delaware ;  Dal 

las  of  Pennsylvania  ;  Ewing,  of  Ohio ;  Foot,  of  j  lowing  votes : 

Connecticut;   Fielinghuy.sen,  of  New  Jersey;,      yEAS.-Messrs.  Adams,  C.  Allan,  H.  Allen 

Hendricks,  of  Indiana;  Holmes,  of  Maine;  Jo-  ^  Allison.  Appleton,  Armstrong,  Arnold,  Ashley' 

fiiahS.  J^  tmstou.  of  Louisiana;  Knight,  of  Bhode  j  Babcock,  Bonks,  U.  Barber,  J.  S.  Barbour,  Bai> 


AXXO  1831     ANDREW  JACK.SOX.  n;iSII>ENT. 


251 


nnser.  Bi»r.«tow'  I.  C.  Baton,  Bripffs,  Burher, 
lliillanl.  lluni,  IJiirp'-i.  ("hoate,  ('ollkr,  1..  Con- 
,iii-t,  S.  ("oii'lit,  K.  Cooke,  B.  Cooke.  Cooikt, 
C'rwiii.  Coulter.  Craip.  Crane.  Crawford.  Cn'ijih- 
if,n.  I>aniel,  J.  Davis,  Dearborn,  Denny.  Dewai  t, 
ItixlilriilKO.  Drayton.  Ellsworth,  (I.  Evans,  J. 
V.vans.  E.  Everett.  H.  Everett,  Ford,  Gilmorc, 
iirenncll.  Hodges,  Heister.  Horn,  lluphes,  Hunt- 
I ;;;tun.  Ihrie,  Injtersoll,  Irvin,  Isacks,  Jenifer, 
Kemlii'.l.  II.  Kinp,  Kerr,  Letcher, Mann,  Marshall, 
Maxwell.  McCoy,  McDnffie,  McKennan,  Mercer, 
Milliiran,  Newton,  Pearce,  Pendleton,  Pitcher, 
i'.itts,  Randolph, .).  Reed.  Root,  Riissel,  Semines, 
W.  B.  Shepard,  A.  II.  Snepperd,  Slade.  Smith, 
Southard,  Spence,  Stanberry,  Stephen.^,  Stewart, 
HOTTS,  Sutherland,  Taylor,  P.  Thomas,  Tomp- 
^,^.5  Tracy,  Vance,  Verplanck,  Vinton,  Washing- 
tm  AViitmoujrh,  E.  Whittlesey,  F.  AVhittlesey, 
I  n.  AVhite,  Wickliffe,  Williain«,  Younp.— loV.. 
Xav?. — Messrs.  Adair,  Alexander,  Anderson, 
Aalier,  J.  Bates,  Beardsley,  Bel!,  Berpen.  Be- 
thmie,  Jumus  Blair,  John  Blair,  Bouck,  Bouldin, 
Branch,  Cambieleng,  Carr,  Chandler,  Chinn, 
Claiborne,  Clay,  Clayton,  Coke,  Conner,  W.  R. 
IImIs,  Dayan,  Doubleday,  Felder,  Fitzp-erald, 
Foster,  Gaithcr,  Gordon,  Griffin,  T.  II.  Ilall.W. 
Hill,  llammons,  Harper,  Hawea,  Hawkins,  Ilolf- 
inan,  llopan,  Holland,  Howard,  Hubbard,  Jarvia, 
Cave  Johnson.  Kavanagh,  Kennon,  A.  King,  J. 
Kinj:,  Lamar,  Leavitt,  Lecompte,  Lewi.s,  Lyon, 
Man'iis,  Mason,  McCarty,  Mclntire,  INIcKay, 
Mikhell,  Newnan,  Nuckolls,  Patton,  Pierson, 
Polk,  E.  C.  Reed,  Rencher,  Roane,  Soule,  Speight, 
.<tan(iifcr,  F.  Thomas,  W.  Thomp.son,  J.  Thora- 
I  ton.  Ward,  Wardwell.  Wayne,  AVeeks,  Wheeler, 
r,  r.  White,  Wilde,  Worthington.— 84. 


CHAPTER    LXVIII. 

THE  VETO. 

The  act  which  had  passed  the  two  Houses  for 

tic  renewal  of  the  bank  charter,  wa's  presented 

to  the  President  on  the  4th  day  of  July,  and 

I  rctunicd  by  him  to  the  House  in  which  it  ori- 

:inatci1,  on  the  10th,  with  his  objections.    Iliy 

llirst  objection  was  to  the  exclusive  privileges 

I  ffhicii  it  granted  to  corporators  who  had  already 

I  enjoyed  them,  the  great  value  of  these  privileges, 

land  tlio  inadequacy  of  the  sum  to  be  paid  for 

I  them.    He  said: 

"  Every  monopoly,  and  all  exclusive  privileges, 
Im'irrantod  at  the  expen.se  of  tlie  public,  which 
1' '!!:ht.  to  receive  a  fair  equivalent.  The  many 
jtrallinns  which  this  act  proposes  to  bestow  on 
Itlii'  stookhoIder.'H  of  the  existing  bank,  must  come 
liifectly  or  indirectly  out  of  the  earnings  of  the 


American  people.  It  is  due  fo  thcni,  t^uriPiro. 
if  their  governiiit-Mf  sell  inonopulic..  au'l  i'\i'lii»i\« 
jirivileges,  that  they  slumld  nt  li;ist  I'xait  f^r 
them  as  much  as  they  arc  wm-th  in<ii"'ii  niarkit. 
The  value  of  the  inonfipoly  in  this  ciiM-  imy  ln< 
correctly  a-sriTtained.  The  twciity-eiplit  inilliium 
offtock  woulil  probaMy  be  nt  nn  ailvanee  <>{ 
fifty  per  cent.,  and  command,  iti  niaikit,  at  least 
forty-two  millions  of  dollars,  subject  to  the  i>ay- 
ment  of  the  j)resent  loans.  The  present  value 
of  the  monopoly,  therefore,  is  .seventeen  millions 
of  dollars,  and  tliis  the  act  pnipo.-os  to  sill  for 
three  millions,  payable  in  iil'teen  aiiiuial  instal- 
ments of  li$20<»,i  KM  >  e.ich. 

''  It  is  not  conceivable  how  the  present  stock- 
holders can  h.ive  any  claim  to  the  siK'cial  favor 
<if  the  government.  The  present  corporation 
has  enjoyed  its  monopoly  during  the  period 
stipulated  in  the  original  contract.  If  we  must 
have  such  a  corporation,  why  should  not  the 
government  sell  out  the  whole  stock,  and  thus 
secure  to  the  people  the  full  market  value  of 
the  privileges  granted  I  Why  should  not  Con- 
gress create  and  sell  the  twenty-eight  millions 
of  stock,  incorporating  the  pureha.«ers  with  all 
the  powers  and  privileges  secured  in  this  act, 
and  putting  the  premium  upon  the  sales  into  tlie 
treasury  ? 

"  But  this  act  does  not  permit  competition  in 
the  purchase  of  this  monopoly.  It  sceins  to  bo 
predicated  on  the  erroneous  idea  that  the  present 
stockholders  have  a  prescriptive  right,  not  only 
to  the  favor,  but  to  the  bounty  of  the  govern- 
ment. It  appears  that  more  than  a  fourth  jiart 
of  the  stock  is  held  by  foreigners,  and  the  residue 
is  held  by  a  few  humlred  of  our  citizens,  chiefly 
of  the  richest  ck.ss.  For  their  benefit  does  this 
act  exclude  the  whole  American  people  from 
competiticm  in  the  purchase  of  this  monopoly, 
and  dispose  of  it  for  many  millions  less  than  it 
is  worth.  This  seems  the  less  excusable,  because 
some  of  our  citizens,  not  now  stockholders,  peti- 
tioned that  the  door  of  competition  might  be 
oi)ened,  and  offered  to  take  a  charter  oii  terms 
much  more  fvvorable  to  the  government  and 
country. 

"  But  this  proposition,  althotigh  made  by  men 
whose  aggregate  wealth  is  believed  to  be  ei]ual 
to  all  the  private  stock  in  the  existing  bank,  has 
been  set  aside,  and  the  bounty  of  our  govern- 
ment is  propo.sed  to  bo  again  'bestowed  on  the 
few  v;ho  have  been  fortunate  enough  to  secure 
the  stock,  pnd  at  this  moment  w  ield  the  power 
of  ihe  existing  institution.  I  cannot  perceive 
the  justice  or  policy  of  this  course.  If  otir  gov- 
ernment must  sell  monopolies,  it  would  seem 
to  be  its  duty  to  take  nothing  less  than  their 
full  value  ;  and  if  gratuities  must  be  made  once 
in  fifteen  or  twenty  years,  let  them  not  bo 
bestowed  on  the  subjects  of  a  foreign  govern- 
ment,  nor  upon  a  designated  or  favored  class  of 
men  in  our  own  country.  It  is  Init  justice  and 
!  good  policy,  as  far  as  the  nature  of  the  case  will 
!  admit,  to  confine  oui  favors  to  our  own  fellow- 
I  citizens,  and  let  each  in  his  turn  enjoy  nn  oppor 


ir    VIA 


252 


THIRTY  YE  Alls'  VIF.W. 


tnnity  to  profit  liy  our  Ixmnt}-.  Tn  the  l)earin/rs  \ 
of  tlie  act  liffdic  mo  ujion  tlwse  jxiints,  I  find  | 
ariii)lu  rt-a.-driH  why  it  should  not  hecome  u  law."  , 

Tho  Prpsitk'ntolijwtctl  to  the  constitutionality  ! 
of  the  hank,  and  argued  against  the  force  of  pre-  i 
cedents  in  this  case,  and  against  the  ajjplicabii- 
ity  and  the  decision  of  the  Supremo  Court  in  its 
favor.  That  decision  was  in  tho  ca.se  of  the 
Maryland  branch,  and  sustained  it  upon  an  argu- 
ment which  carries  error,  in  point  of  fact,  upon 
its  face.  The  ground  of  the  decision  was,  that 
the  bank  was  "  necessary  "  to  the  successful  c^n- 
duct'ng  of  the  "  fiscal  oix;rations  "  of  the  govern- 
ment ;  and  tliat  Congicss  was  the  judge  of  that 
necessity.  Upon  this  ground  tlie  ]\Iaryland 
branch,  and  every  branch  except  the  one  in  the 
District  of  Columbia,  was  without  the  constitu- 
tional warrant  which  the  court  required.  Con- 
gress had  given  no  jiidgment  in  favor  of  its 
necessity — bu*  the  contrary  —  a  judgment 
against  it :  for  after  providing  for  the  mother 
bank  at  Philadelphia,  and  one  branch  at  AYash- 
ington  City,  the  establishment  of  all  other 
branches  was  referred  to  the  jiidgment  of  the 
bank  itsc'f,  or  to  circumstances  over  which  Con- 
sress  had  no  control,  as  the  request  of  a  State 
legislature  founded  upon  a  subscription  of  2000 
ehares  within  the  State — Avith  a  dispensation  in 
favur  of  substituting  local  banks  in  places  where 
the  Secretary  of  the  Treasury,  and  the  directors 
of  the  national  bank  should  agree.  All  this  wrs 
contained  in  the  fourteenth  fundamental  artic  e 
of  the  constitution  of  the  corporation — which 
Kays: 

"  The  directors  of  gaid  corporation  shall  es- 
tablish a  competent  oHice  of  discount  and  deposit 
in  the  District  of  Columbia,  whenever  any  law  of 
tho  United  States  shall  require  such  an  establish- 
ment :  also  one  such  office  of  discount  and  de- 
posit in  any  State  in  which  two  thousand  shares 
shall  have  been  subscribed  or  may  be  held,  when- 
ever, upon  application  of  tlio  legislature  of  such 
State,  Congress  may,  by  law,  require  tho  same : 
Prodded,  tho  directors  aforesaid  shall  not  be 
bound  to  establish  such  office  before  the  whole  of 
the  capital  of  the  bank  shall  be  paid  up.  And  it 
shall  bo  lawful  for  the  directors  of  the  corpora- 
tion to  establish  offices  of  discount  and  deposit 
where  they  think  lit,  within  the  United  States 
or  tho  territories  thereof,  and  tc  commit  the 
management  of  the  said,  and  the  business  thereof, 
respectively  to  such  persons,  and  under  such  re 
gulations,  as  they  shall  deem  proper,  not  beiiig 
contrary  to  the  laws  or  the  constitution  of  the 
bunk.  Or,  instead  of  establishing  such  offices, 
•t  shall  bo  lawful  (or  the  directors  of  the  said 


corponition,  from  time  to  time,  to  emi.lov  jd  I 
other  bank  or  banks,  to  be  lirst  approvwibvil  I 
Secretary  of  the  Treasury,  at  any  place  or  plar^ij  I 
that  they  may  deem  safe  and  proper,  to  niaii.Tv 
and  transact  the  business  proposed  afonstiK' 
other  than  f(jr  the  purposes  of  discount  •  to  C 
managed  and  transacted  by  such  offices,'  und, , 
such  agreements,  and  subject  to  such  regulation 
as  they  shall  deem  just  and  proper." 

TliPKc  arc  the  words  of  the  fourteenth  fund-. 
mental  article  of  the  constitution  of  the  bank,  and 
the  conduct  of  the  corporation  in  establLshin"  its 
branches  was  In  accordance  with  this  article 
They  placed  them  where  they  pleased— at  fii>t 
governed  wholly  by  the  question  of  profit  and 
loss  to  itself — afterwards,  and  when  it  wa.s  fi^ 
that  the  renewed  charter  was  to  bo  resfTstod  Iv 
the  members  from  some  States,  governed  by  tlw 
political  consideration  of  creating  an  interest  to 
defeat  the  election,  or  control  the  action  of  th' 
dissenting  members.  Thus  it  was  in  my  own 
case.  A  branch  in  St.  Louis  was  refused  to  tho 
application  of  the  business  community — establish- 
ed  afterwards  to  govern  me.  And  thus,  it  is  seen 
the  Supreme  Court  was  in  error — that  the  JudT- 
ment  of  Congress  in  favor  of  the  "necessity"  of 
branches  only  extended  to  one  in  the  District  of 
Columbia ;  and  as  for  the  bank  itself,  the  argument 
in  its  favor  and  upon  which  the  Supreme  Court 
made  its  decision,  was  an  argument  which  made 
the  constitutionality  of  a  measure  dependent,  not 
upon  the  words  of  the  constitution,  but  upon 
the  opinion  of  Congress  for  the  time  being  upon 
the  question  of  the  "  necessity  "  of  a  particular 
measure — a  question  subject  to  receive  different 
decisions  from  Congress  at  different  times - 
which  actually  received  different  decisions  in 
1791,  1811,  and  181G:  and,  we  may  now  adJ 
the  decision  of  experience  since  183C— durins; 
which  term  we  have  had  no  national  bank; 
and  the  fiscal  business  of  the  government, :« 
well  as  the  commercial  and  trading  bi  siness  of 
the  country,  has  been  carried  on  with  a  degree  of 
success  never  equalled  in  the  time  of  the  exist 
ence  of  the  national  bank.  I,  therefore,  believi 
that  the  President  was  well  warranted  in  chal 
longing  both  tho  validity  of  the  decision  of  tiiii| 
Supreme  Court,  and  tlie  obligatory  force  of  pn 
cedents :  which  he  did,  as  follows : 

"  It  is  maintained  by  the  advocates  of  tl.e| 
bank,  that  its  constitutionality,  in  all  its  fin 
tares,  ought  to  be  considere<l  as  settled  by  pw-l 
cedent,  and  by  the  decision  of  the  Supremi| 


ANNO  ISlli     ANDIIKW  JArKSt>N,  I'lU^lDKNT. 


253 


Conrt  To  this  conclusion  I  cannot  assent. 
More  precedence  i?  a  danpcrous  nource  of  au- 
ihoritv,  and  should  not  be  regarded  as  decidinf^ 
rtiiestions  of  constitutional  power,  except  where 
the  acquiescenco  of  the  jjeoplo  and  the  States 
i:in  Ik;  connidercd  as  well  settlctl.  So  far  from 
ihij  being  the  caiHJ  on  this  subject,  an  arjruinent 
i.rainft  the  hank  niipht  be  based  on  precedent. 
Hue  Congress,  in  17U1,  decided  in  favor  of  a 
ink ;  another,  in  1811,  decided  against  it.  One 
(  iiiTi'^s,  ii"  1815,  decided  against  a  bank ;  an- 
thiT,  in  18lt),  dcciiled  in  its  favor.  Prior  to 
,lie  present  Congress,  therefore,  the  precedents 
,i;-ann  from  that  source  were  equal.  If  we  re- 
.,,rl  to  the  States,  the  expressions  of  legi.slativc, 
iliciiil. and  executive  opinions  against  the  bank 
have  been,  probably,  to  those  in  its  favor,  a?  four 
1 1  one.  There  is  nothing  in  precedent,  there- 
t  ne,  which,  if  its  authority  were  admitted,  ought 
J I  weigh  in  favor  of  the  act  before  me. 

•If  the  opinion  of  the  Supreme  Court  covered 
the  whole  ground  of  this  act,  it  ought  not  to 
iviiti'ol  the  co-ordinate  authorities  of  this  gov- 
ernment. The  Congress,  the  Executive,  and  the 
court,  must  each  for  itself  be  guided  by  its  own 
opinion  of  the  constitution.  Each  public  officer 
who  takes  an  oath  to  support  the  constitution, 
ittoars  that  he  will  support  it  as  he  understands 
it,  and  not  as  it  is  understood  by  others.  It  is 
;is  mucli  the  duty  of  the  House  of  Representa- 
tives, of  the  Senate,  and  of  the  President,  to 
iJtcide  upon  the  constitutionality  of  any  bill  or 
r.aolution  which  may  be  presented  to  them  for 
|!ajsa;re  or  approval,  as  it  is  of  the  supreme 
jiJges,  when  it  may  be  brought  before  them 
i'jr  judicial  decision.  The  opinion  of  the  judges 
his  no  more  authority  over  Congress  than  the 
iiMinion  of  Congress  has  over  the  judges;  and 
nil  tliat  point  the  President  is  independent  of 
Letli.  The  authority  of  the  Supreme  Court  must 
u.it,  therefore,  be  permitted  to  control  the  Con- 
■:KiB,  or  the  Executive,  when  acting  in  their 
liwlative  capacities,  but  to  have  only  such  in- 
'  Uaeucc  as  the  force  of  their  reasonuig  may  de- 
M'rve. 

"But  in  the  case  relied  upon,  the  Supreme 
Ciiurt  have  not  decided  that  all  the  features  of 
tills  corporation  are  compatible  with  the  consti- 
tilion.  It  is  true  that  the  court  h;:ve  said  that 
the  law  incorporating  the  bank  is  a  constitution- 
,'le.vercisc  of  power  by  Congress.  But  taking 
i  ito  view  the  whole  opinion  of  the  court,  and 
tiie  rea.soning  by  which  they  have  come  to  tliat 
cmdusion,  I  understand  them  to  haVe  decided 
that,  inasmuch  as  a  bank  is  an  appropriate 
means  for  carrying  into  elfect  the  enumerated 
iwffc'is  of  the  general  government,  therefore  the 
law  incorporating  it  is  in  accordance  with  thnt 
invision  of  the  constitnlion  whicli  declares  that 
t.'onpress  shall  have  power  '  to  make  all  laws 
HJiicii  shall  be  necessary  and  proper  for  carrying 
those  powers  into  execution.'  Having  satisfied 
ihemselves  that  the  word  'necessary,'  in  the 
con.stitiition, means  'needful,'  ' requisite," essen- 
u»l,'  •  conducive  to/  and  tliat '  a  bank '  is  a  con- 


vcnwnt,  a  useful,  and  essential  iiistninient  in  tlio 
pro.sccution  of  the  goveriiiiu'iit's  •  fiscal  (i|)«r.i- 
tions,' they  conclude  that  to  MLto  one  must  be 
within  the  discretion  of  Concivss ; '  and  tliut 
'the  act  to  incori)orate  tiie  Bank  ol  the  Inittii 
.States,  is  a  law  made  in  pursuance  of  the  consti- 
tution.' '  But,'  say  they,  •  where  the  law  is  not 
prohibited,  and  is  re'ally  calculate<l  toetfoct  any 
of  the  objects  intrusted  to  the  government,  to 
undertake  here  to  inquire*  into  the  degree  of  its 
necessity,  would  Iw  to  piuss  the  line  which  cir- 
cumscribes the  judicial  department,  and  to  tread 
on  legislative  ground.' 

''The  principle,  hero  affirmed,  is,  tliat  the  'de- 
gree of  its  neeis.sity,'  involving  all  the  details  of  a 
banking  institution,  is  a  question  exclusively  for 
legislative  consitkration.  A  bank  is  constitu- 
tional ;  but  it  is  the  province  of  the  legislature 
to  determine  whether  this  or  that  particul.ir 
|)Owtr,  privilege,  or  exemjition,  is  *  necessary  and 
proper'  to  enable  the  bank  to  discharge  its  du- 
ties to  the  government ;  and  from  their  decision 
there  is  no  appeal  to  the  courts  of  justice.  Un- 
der the  decision  of  the  Supreme  Court,  therefore, 
it  is  the  exclusive  province  of  Congiv.-^s  and 
the  President  to  decide  whether  the  iiarlicular 
features  of  this  act  are  'neces.sary  and  jiroper,' 
in  order  tc  enable  the  bank  to  perronn,  conveni- 
ently and  efficiently,  the  public  duties  assis;ned 
to  it  as  a  fiscal  agent,  and  therefore  constitution- 
al ;  or  unnecessary  and  im})roper,  and  therefore 
unconstitutional." 

With  regard  to  the  misconduct  of  the  institu- 
tion, both  in  conducting  its  business  and  in  re- 
sisting investigation,  the  message  spoke  the  gen- 
eral sentiment  of  the  disinterested  country  when 
it  said : 

"Suspicions  are  r  ^  rtaincd,  and  charges  are 
made,  of  gross  abuses  and  violations  o.'  its  cliarter. 
An  investigation  unniJIin.irly  conceded,  and  so 
restricted  in  time  as  necessarily  to  infike  it  in- 
complete and  unsatisfactory,  tlisclo.ses  enough  to 
excite  su.'spi    "r  and  alarm.     In  the  ju-actices  of 
the  principal  bank,  partially  unveileil  in  the  ab- 
sence of  important  witnesses,  and  in  nunerous 
charges  confidently  n'ade,  and  .is  yet   wholly 
uninvestigaU  il,  there  was  enough   to  induce  a 
majority  of  the  committee  of  investigation,  a 
committee  vhich  was  sekotijil  from  the  most 
able  and  honorable  members  of  the  House  of 
Representatives,  to  recommend  a  suspension  of 
further  action  upon  the  bill,  and  a  prosecution 
,  of  the  inquiry.     As  the  charter  bad  vet  four 
I  years  to  run,  ami  as  a  reniewal  ni>w  was  not  ne- 
I  cessary  lo  the  .successful  prosecution  of  its  busi- 
ness, it  was  to  have  been  expected  that  the  bank 
,  itself,  conscious  of  its  jmrity,  and  proud  of  its 
I  character,  would  have  withdrawn  its  application 
j  for  the  present,  and  demanded  the  severest  scru- 
I  tiny  into  all  its  transactions.    In  tlKinlcclining 
'  to  do  .so,  there  seems  to  be  an  additional  reason 
,  why  the  functionaries  of  the  government  should 


It 


■J  ■".' 


254 


THIRTY  YEARS'  VIEW 


prrxsced  with  less  haste,  nnd  more  caution,  in 
tho  renewal  of  their  mom){K)ly." 

The  apfwarancc  of  tho  veto  nu'ssaj»o  was  tho 
pignal  for  the  delivery  of  the  preat  .«peecho8  of 
the  advocates  of  the  bank.  Thus  far  they  had 
held  back,  refraining  from  general  debate,  and 
limiting  themselves  to  brief  answers  to  current 
objections.  Now  they  came  forth  in  all  their 
strength,  in  speeches  elaborate  and  studied,  and 
covering  the  whole  ground  of  constitutionality 
and  expediency;  and  delivered  with  unusual 
warmth  and  vehemence.  Mr.  Webster,  Mr. 
Clay,  Mr.  Clayton  of  Delaware,  and  Mr.  Ewing 
of  Ohio,  thus  entered  the  lists  for  the  bank. 
And  why  these  speeches,  at  this  time,  when  it 
was  certain  that  speaking  would  have  no  efl'ect 
ill  c.orccming  the  veto — that  tho  constitutional 
majority  of  two  thirds  of  eacli  House  to  carry  it, 
so  far  from  being  attainable,  would  but  little 
exceed  a  bare  majority  {  The  reason  was  told 
by  the  speakers  themselves — fully  told,  as  an 
appeal  to  the  people — as  a  transfer  of  the  ques- 
tion to  the  political  arena — to  the  election  fields, 
and  especially  to  the  presidential  election,  then 
i:npending,  and  within  four  months  of  its  con- 
summation— and  a  refusal  on  the  part  of  the 
corporation  to  submit  to  the  decision  of  the  con- 
stituted authorities.  This  was  plainly  toid  by 
Jlr.  Webster  in  tho  opening  of  his  argument ; 
frightful  distress  was  predicted :  and  tlie  change 
of  tho  chief  magistrate  was  presented  as  the 
only  means  of  averting  an  immense  calamity  on 
one  hand,  or  of  securing  an  immense  benefit  on 
the  other.     He  said : 

"It  is  now  certain  that,  without  a  change  in 
our  public  councils,  this  bank  will  not  be  con- 
tinued, nor  will  any  other  be  established,  which, 
according  to  the  gene-al  sense  and  language  of 
mankind,  can  be  entitled  to  the  name.  In  three 
years  and  nine  months  from  the  present  mo- 
ment, the  charter  of  the  bank  expires;  within 
that  period,  therefore,  it  must  wind  up  its  con- 
L'orns.  It  must  call  in  its  debts,  withdraw  its 
bills  from  circulation,  and  cease  from  all  its  or- 
dinary operations.  All  this  is  to  be  dono  in 
three  years  and  nine  months ;  because,  although 
there  is  a  provision  in  the  charter  rendering  it 
lawful  to  use  the  corporate  name  for  two  years 
after  the  expiiation  of  the  charter,  j'et  this  is 
allowed  only  for  0.^  purpoi-'  of  suits,  ahd  for 
the  sal(^  of  the  est.'^'ii)  Irlonging  to  the  bank,  and 
for  no  other  purpose  whatever.  The  whole  ac- 
tive business  of  the  bank,  its  custody  of  pub- 
lic deposits,  its  transfers  of  pubhc  moneys,  its 
dealing  in  exchange,  all  its  loans  and  discounts, 
and  all  its  issues  of  bills  for  circulation,  must 


ceace  and  d'  Ermine  on  or  before  the  3(1  day  „f  i 
March,  183t);  and,  within  tho  same  period'  it, 
debts  niuBt  lie  collected,  as  no  new  contract  can 
be  made  with  it,  a.s  a  corporation,  for  the  re- 
newal of  loans,  or  discount  of  notes  or  bilU 
after  that  time." 

Mr.  Senator  White  of  Tennessee,  seizinj;  up<  i 
this  open  entrance  into  tho  political  aixiu  hv 
the  bank,  thanked  Mr.  Webster  for  his  camlni 
and  summoned  the  people  to  the  combat  of  die  j 
great  moneyed  power,  now  openly  at  Ihe  ht.il 
of  a  great  political  party,  and  carrying  tho  f.,:- 
tunes  of  that  party  in  the  question  of  its  ouu  j 
continued  existence.    He  said : 

"  I  thank  the  senatov  for  the  candid  avowal 
that  unless  the  President  will  sign  such  a  char 
ter  as  will  suit  tho  directors,  they  intend  to  in- 
terfere in  the  election,  and  endeavor  to  displac- 
him.  With  the  same  candor  I  state  that,  altir  | 
this  declaration,  this  charter  shall  never  U-  n- 
newcd  with  my  consent. 

"Let  us  look  at  this  .'natter  as  it  is.    Immcdi 
ately  before  the  election,  the  directors  apply  far  | 
a  charter,  which  they  think  the  President  at 
any  other  time  will  not  sign,  for  the  expre>< 
purpose  of  compelling  him  to  sign  contnirv  ii  j 
his  judgment,  or  of  encountering  all  their  iim. 
tility  in  the  canvass,  and  at  tho  polls.    SiippoH' 
this  attempt  to  have  succeeded,  and  the  President. 
through  fear  of  his  election,  had  signed  this  char-  j 
ter,  although  he  conscientiously  belie\'es  it  will  I 
be  destructive  of  the  liberty  of  the  people  wlw 
have  elected  him  to  preside  over  them,  and  pre- 
serve their  liberties,  so  far  as  in  his  powir, 
What  next?     Why,  whenever  the  charter  \i 
likely  to  expire  hereafter,  thej'  will  come,  as 
they  do  now,  on  the  eve  of  the  election,  and  I 
compel  the  chief  magistrate  to  sign  such  a  charter  j 
as  they  may  dictate,  on  pain  of  being  turned  out 
and  disgraced.    Would  it  not  be  far  better  to 
gratify  this  moneyed  aristocracj',  to  the  whole 
extent  at  once,  and  renew  their  charter  for  over  > 
The  temptation  to  a  periodical  interference  in  j 
our  elections  would  then  be  taken  away. 

"  Sir,  if,  under  these  cirumstances,  the  cliartcr  I 
is  renewed,  the  elective  franchise  is  destroyed,  and  | 
tiie  liberties  and  prosperity  of  the  people  are 
delivered  over  to  this  moneyed  institution,  to  1  o 
disposed  of  at  their  discretion.    Agf.insi  this  1 
enter  my  solemn  protest." 

The  distress  to  be  b'-ought  upon  the  country  1 
by  the  sudden  winding  up  of  the  bank;  the  ml-  j 
den  calling  in  of  all  its  debts,  the  sudden  with- 
drawal of  all  its  capital,  was  pathetically  dwelt  j 
upon  by  all  the  speakers,  and  the  alarming  pic- 
ture thus  presented  by  Mr.  Clayton : 

"  I  ask.  wlnt  is  to  be  done  for  the  country  1 1 
All  thinking  men  must  now  admit  that,  .as  the 
present  bank  must  close  its  concerns  in  less  thia  | 


invn  case,  and  wai 


ANNO  1831     \NDRF,\V  JArKSOX.  rREPIDENT. 


255 


alarminsr  pit- 


f.iiryf'ars,  the  pecuniary  dUtrcsM,  the  commer-  I 
ri:il  finbarrassinents.  consequent  upon  its  de-  ' 
tiriirtion,  m'sst  excoed  any  thing  wliich  has  ever  { 
!,oii  knmvn  in  our  hi.story,  unless  some  oth^r  j 
;.,iik  call  Ix;  eitablifihed  vo  ixliuve  us.  Eiglit 
ill  a  half  millions  of  the  hank  capital,  bclonj;- 
i ,;;  to  foreipners,  must  Iw  drawn  from  us  to 
Eiiroiw.  Seven  millions  of  the  capital  must  be 
laiil  to  t'lc  governmont.  not  to  be  loaned  apiin, 
hilt  to  remain,  as  the  President  projK)ses,  do- 
jiosited  in  a  branch  of  the  trea-xurj',  to  check  the 
•s.-iics  of  the  local  banks.  The  immense  avail- 
aljle  rcsoui  ses  of  the  pre  sen  t  institution,  amount- 
ini,  as  appears  by  the  report  in  the  other  House, 
'.0  .582,057,483,  are  to  Ik!  used  for  banking  no 
longer,  and  nearly  fifty  millions  of  dollars  in 
adtos  discounted,  on  personal  and  other  security. 
uuist  IxJ  paid  to  the  bank.  The  State  banks 
iiust  pay  over  all  their  debts  to  the  expiring  in- 
Piitution,  and  curtail  their  discounts  to  do  so, 
or  resort,  for  the  relief  of  their  debtors,  to  the 
olil  plan  of  emitting  more  paper,  to  be  bought 
up  by  speculators  at  a  heavy  discount." 

This  was  an  alarming  picture  to  present,  and 
ffpccially  as  the  corporation  had  it  in  its  power 
to  create  the  distress  which  it  foretold — a  con- 
summation frightfully  realized  three  years  later 
—but  a  picture  equally  unjustifiable  and  gratu- 
itous. Two  years  was  the  extent  of  the  time, 
ifter  the  expiration  of  its  charter,  that  the  cor- 
poration had  accepted  in  its  charter  for  winding 
up  itfl  business ;  and  there  were  now  four  years 
to  run  before  these  two  years  would  oommence. 
The  section  21,  of  the  charter,  provided  for  the 
contingency  thus : 

'•  And  notwithstanding  the  expiration  of  the 
term  for  which  the  said  corporation  is  created, 
it  I'hall  be  lawful  to  use  the  coporate  name,  style 
and  capacity,  for  the  purpose  of  suits  for  the 
linal  settlement  and  liquidation  of  the  affairs 
and  accounts  of  the  corporation,  and  for  the  sale 
and  disposition  of  their  estate  real,  personal  and 
iiiixod :  but  not  for  any  other  purpose,  or  in  any 
titlier  manner  whatever,  nor  for  a  period  exceeding 
two  years  after  the  expiration  of  said  term  of 
incorporation." 

Besides  the  two  years  given  to  the  institution 
after  the  expiration  of  its  charter,  it  was  perfect- 
ly well  known,  ana  has  since  been  done  in  its 
own  case,  and  was  done  by  the  firist  national 
bank,  and  iray  bo  by  any  expiring  corporation, 
that  the  directors  may  appoint  tnistees  to  wind 
up  their  concerns ;  and  who  will  not  be  subject 
to  any  limited  time.  The  first  national  bank — 
t!iat  which  was  created  in  1791,  .ind  expired  in 
i>ll— li.id  no  two  years,  or  any  time  whatever, 
cHjwcdfor  winding  up  its  affairs  aftet  the  expira- 


tion of  its  charter — and  the  question  of  the  re- 
newal was  not  decided  until  within  tli-  la.-t  days 
of  the  existence  of  its  charter — yit  then' 
wjw  no  disii-esH,  and  no  pivfcure  ujKin  its  dibt- 
ors.  A  trust  was  created;  and  the  ciiUectioii 
of  (Jebts  conducted  so  gently  that  it  is  not  yt  t 
finished.  The  trustees  are  «till  at  work:  and 
within  this  year,  and  whilnthis  application  for  a 
renewed  charter  to  th«  second  bank  is  going  on. 
they  announce  a  dividend  oi  8onie  cents  on  tlu! 
share  out  of  the  last  animal  colk-ctitms ;  aii<l  in- 
timate no  time  within  which  they  will  finish ; 
so  that  thir.  menace  of  distress  from  the  second 
bank,  if  denied  a  renewal  four  years  before  the 
expiration  of  its  charter,  and  four  years  before 
the  commencement  of  the  two  years  to  which  it  is 
entitled,  was  entirely  gratuitous,  and  would  have 
been  wicked  if  executed. 

Jlr.  Clay  concluded  the  debate  on  the  side  of 
the  bank  application,  and  spoke  with  great  ar- 
dor and  vehemence,  and  with  much  latitude  of 
style  and  topic — though  as  a  rival  candidate  for 
the  Presidency,  it  was  co.isidered  by  some,  that  a 
greater  degree  of  reserve  might  have  been  com- 
mendable. The  veto,  and  its  imputed  i.ndue 
exercise,  was  the  theme  of  his  vehement  decla- 
mation. Bciides  discrediting  its  use,  and  de- 
nouncing it  as  of  monarchial  origin,  he  alluded  to 
the  popular  odium  brought  upon  Louis  the  lOth 
by  its  exercise,  and  the  nickname  which  it  caused 
to  be  fastened  upon  him.     He  said : 

"  The  veto  is  hardly  reconcilable  with  the 
genius  of  representative  government.  It  is  to 
tally  irreconcilable  with  it,  if  it  is  to  be  fre- 
quently employed  in  respect  to  the  expediency 
of  mea.sures,  as  well  as  their  constitutionality. 
It  is  a  feature  of  our  government  borrowed  from 
a  prerogative  of  the  British  King.  And  it  is  re- 
markable that  in  England  it  has  grown  obsolete, 
not  having  been  used  for  upwards  of  a  century. 
At  the  commencement  of  the  French  Revolution, 
in  discussing  the  principles  of  their  constitution, 
in  the  national  convention,  thi;  veto  held  a  con- 
spicuous figure  The  gay,  laughing  poj)ulation 
of  Paris  besto»cd  on  the  King  the  appellation  of 
Monsieur  Veto, and  on  the  Queen  th,. :  f  .Madame 
Veto." 

Mr.  Benton  saw  the  advantage  which  this  de- 
nunciation and  allusion  presented,  and  made  re- 
lentless use  of  it.  He  first  vindicated  the  u.«r- 
and  origin  of  the  veto,  as  derived  from  the  insti- 
tution of  the  tribunes  of  the  people  among  the 
Romans,  and  its  exercise  always  intended  for  the 
benefit  of  the  people ;  and,  under  our  constitu- 


«■■«;■ 


■  i  4 
ft;- 


256 


TIIMITY  YKARS'  VIKU'. 


P 


tion,  its  only  effect  to  nfur  a  ineaKtiro  to  the 
fK!opli',  for  tilt  ir  conHidcrat'iKn,  ami  to  stay  itH 
execution  until  llie  iH'oplecould  pnftHupon  it,  and 
to  adopt  or  reject  it  at  an  ensiiinj^  Congress.  It 
was  a  power  eminently  just  and  proper  in  a  re- 
presentnlivf,'  povemment,  and  intended  for  the 
benefit  of  the  whole  jK-'oplc ;  and,  therefore, 
placed  in  the  hands  of  the  magistrate  elected  by 
the  whole.  On  the  allusion  to  the  nickname  on 
the  King  and  Queen  of  France,  he  said : 

'•  He  not  only  recollected  the  historical  inci- 
dent to  which  the  senator  from  Kentucky  had 
alluded,  but  al.<o  the  character  of  the  decrees  to 
whicli  th'!  imfortunato  IjOuIs  the  Ifitli  had  affixed 
his  vetoes.  One  was  the  decree  against  the  emi- 
grants, dooming  to  death  and  confiscation  of 
estate  every  man,  woman,  and  child  who  .should 
attempt  to  save  their  lives  by  flying  from  the 
pike,  the  guillotine,  and  the  lamp-post.  The  other 
was  a  decree  ex[iosing  to  death  the  ministers  of 
religion  who  could  not  take  an  oath  which  their 
consciences  repulsed.  To  save  tottering  age, 
trembling  mothers,  and  affrighted  children  from 
'.nassacre — to  save  the  temples  and  altars  of  God 
iVom  being  stained  by  the  blood  of  his  minis- 
ters— were  the  sacred  objects  of  those  vetoes ; 
and  was  there  an.y  thing  to  justify  a  light  or  re- 
proachful allusion  to  them  in  the  American 
Senate  ?  The  King  put  his  constitutional  vetoes 
to  these  decrees ;  and  the  canaille  of  Saint  An- 
toine  and  JIarceau — not  the  gay  and  laughing 
Parisians,  but  the  bloody  canaille,  instigated 
by  leader.s  more  ferociouH  than  themselves — be- 
giin  to  salute  the  King  as  Monsieur  Veto,  and 
demand  his  head  for  the  guillotine.  And  the 
Queen,  when  seen  at  the  windows  of  her  prison, 
her  locks  pale  with  premature  white,  the  effect 
of  an  agonized  mind  at  the  ruin  she  witnessed, 
the  poissardes  saluted  her  also  as  Madame 
A^eto ;  and  the  Dauphin  came  in  for  the  epithet 
of  the  Little  Veto.  All  this  was  terrible  in 
France,  and  in  the  disorders  of  a  revolution ;  but 
why  revive  their  remembrance  in  this  Congress, 
successor  to  those  which  were  accustomed  to 
call  this  king  our  great  ally  ?  and  to  compliment 
him  on  the  birth  of  that  child,  stigmatized  le  petit 
veto,  and  perishing  prematurely  under  the  inhu- 
manities of  the  convention  inflicted  by  the  hand 
of  Simon,  the  jailer  ?  The  two  elder  vetoes, 
Monsieur  and  Madame,  came  to  the  guillotine  in 
Paris,  and  the  young  one  to  a  deatli,  compared 
to  which  the  guillotine  was  mercy.  And  now. 
why  this  allusion  ?  what  application  of  its  moral  1 
Surely  it  is  not  pointless ;  not  devoid  of  meaning 
and  practic.ll  application.  AVe  have  no  bloody 
guillotines  here,  but  we  have  political  ones: 
sharp  axes  falling  from  high,  and  cutting  off 
political  heads  !  Is  the  service  of  that  axe  in- 
voked here  upon  '  General  Andrew  Veto  ?'  If 
so,  and  the  invocation  should  be  successful,  then 
Andrew  Jackson,  like  Louis  ICth,  will  cease  to 
bo  in  any  body's  way  in  their  march  to  power." 


Mr.  Clay  also  introduced  a  fable,  not  t.VM'n  I 

from  J^Bop — that  (A'  tl:e  cat  and  the  oa;;le ih,, 

moral  of  which  was  attempted  to  ho  turn, 
against  him.    It  was  in  allusion  to  tliu  I'n.. I 
dent's  message  in  relation  to  the  bank.  qikI  t  ,.• 
conduct  of  his  friends  since  in  ''attackiiif"  i> 
institution ;  and  said  : 

"  They  have  done  so ;  and  their  condition  now  [ 
reminds  me  of  the  fable  invented  by  Dr.  rranl;. 
lin,  of  the  Eagle  and  the  Cat,  to  demonstrate 
that  ilisop  had  not  exhausted  invention,  in  tin 
construction  of  his  memorable  fables.    Tln'  tai 
glc,  you  know,  Mr.  President,  pounced,  fiuia  In. 
lofty  flight  in  the  air,  upon  a  cat,  takinjr  it  t/ 
be  a  pig.     Having  borne  off  his  prize,  he  quick- 1 
ly  felt  most  painfully  the  claws  of  the  cat  thrust  | 
<lecply  into  his  sides  and  body.     Whilst  fiyint:, 
he  held  a  parley  with  the  supposed  pi|.',  nn'il 
proposed  to  i;t  '/o  his  hold,  if  the  other  won!,!  I 
let  him  alone.    No,  saj-s  puss,  you  broiiplit  incj 
from  yonder  earth  below,  and  I  will  h«\(\  fa>t| 
to  you  until  you  carry  w.:  back ;  a  condition  t)! 
which  the  eagle  readily  as.sented." 

Mr.  Benton  gave  a  poetical  commencement  tu| 
this  fable ;  txnd  said  : 

"  An  eagle  towering  In  hi.s  pride  of  lieic;ht| 
was — not  by  a  mousing  owl,  but  by  a  pig  undorl 
a  jimpson  weed — not  hawked  and  killed,  biitl 
caught  and  whipt.  The  opening  he  thoiiirLtj 
grand  5  the  conclusion  rather  bathotic.  The  I 
mistake  of  the  sharp-eyed  bird  of  Jove.  lio| 
thought  might  be  attributed  to  old  njre  dim- 
ming the  sight,  and  to  his  neglect  of  his  spectnl 
cles  that  morning.  He  was  rather  surprised  ntl 
the  whim  of  the  cat  in  not  choosing  to  fall.  Ha-f 
ing  that  a  cat  (unlike  a  politician  Bometime-) 
always  falls  on  its  legs ;  but  concluded  it  was  ni 
piece  of  pride  in  puss,  and  a  wish  to  assiniilatol 
itself  still  closer  to  an  aeronaut;  and  having  {roiiul 
up  pendant  to  a  balloon,  it  would  come  do\v!i| 
artistically,  with  a  parachute  spread  over  its 
head.  It  was  a  pretty  fable,  and  well  told ;  biitl 
the  moral — the  application  ?  iEsop  always  liadl 
a  moral  to  his  fable ;  and  Dr.  Franklin,  his  im-j 
puted  continuator  in  this  particular,  tlioniilil 
not  yet  the  rival  of  his  master  in  fi\bulous  ieini-[ 
t  tion,  yet  had  a  large  sprinkling  of  practical 
..■nse;  and  never  wrote  or  spoke  wltliout  al 
point  and  an  application.  And  now,  what  iJ 
the  point  here  ?  And  the  senator  from  Ken-j 
tucky  has  not  left  that  to  be  inferred ;  he  iiasj 
told  it  himself.  General  Jackson  is  thecap:le;| 
the  bank  is  the  cat ;  the  parley  is  the  propo.^.r 
tion  of  the  bank  to  the  President  to  sipi  itsl 
charter,  and  it  will  support  him  for  the  presi^ 
dency — if  not,  will  kien  his  claws  stuck  in  l;i 
sides.  But,  Jackson,  dill'erent  from  the  cijl 
with  his  cat,  will  have  no  compromise,  or  KirJ 
gain  with  the  bank.  One  or  the  other  fliall| 
fall !  and  be  dashed  into  atoms  ! 

"  Having  ili.-po.sed  of  these  preliminary  topiciij 


ANNO  183-2.     ANr)];EW  JACKSOX.  Ii:i>;il)KNT. 


2.->7 


menccmenttiJ 


mklin,  his  ini- 


;,lr,  B.  came  to  tho  matter  in  hand — the  debate 
fn  till'  bank,  which  liad  oidy  cotniiifnctd  on  the 
,„|e  of  the  friends  of  that  inKtitntion  piiico  the 
rftiirn  of  the  vetrt  mossape.  Why  dehate  the 
lank  queRtion  now.  he  exclaimed,  and  not  de- 
late it  before  ?  Then  wa.^  tlie  time  to  make 
^■,i:ivcrt8 ;  now,  none  can  Imj  expected.  Why 
in'  li|H  unsealed  now,  which  were  silent  as  the 
;rave  when  thi.-i  act  wa.s  on  its  passajic  throiiph 
liu'  .Senate  ?  The  ,<enatf)r  from  Kentucky  hini- 
^.If.  at  tiie  end  of  one  of  his  nunierou.s  jierora- 
tijim,  declared  that  lie  expected  to  make  no 
cmivurt.s.  Then,  why  speak  three  hours  7  and 
utiier  gentlemen  sjieak  a  whole  day  ?  AVhy 
[\{\f  post  fuclo— post  Diortem — this  yosUunnoiis 
-(leoatc  ? — The  deed  i.s  done.  The  bank  bill 
is  finished.  Speaking  cannot  change  the  minds 
of  senators,  and  make  them  reverse  their  votes ; 
iiill  less  can  it  change  the  President,  and  make 
him  recall  his  veto.  Then  why  speak?  To 
whom  do  they  speak  ?  With  what  object  do 
they  speak  ?  Sir !  exclaimed  Mr.  B.,  this  -post 
(ado  debate  i.s  not  for  the  Senate,  nor  the  Pres- 
iJent,  nor  to  alter  the  fate  of  the  bank  bill.  It  is 
10  rouse  the  oificers  of  the  bank — to  direct  the  ef- 
firtsof  its  mercenaries  in  their  designs  upon  the 
people— to  bring  out  its  stream  of  corrupting  influ- 
ince,  by  inspiring  hope,  and  to  embody  all  its  re- 
cruits at  the  polls  to  vote  against  President  Jack- 
son. Without  an  avowal  we  would  all  know 
this ;  but  we  have  not  been  left  without  an 
1  ivowal.  .  Tho  senator  from  Massachusetts  (Mr. 
Webster),  who  opened  yesterday,  commenced 

I  speech  with  showing  that  Jackson  must  be 
put  down ;  that  he  stood  as  an  impassable  bar- 
rier between  the  bank  and  a  ncv/  charter ;  and 
that  the  road  to  success  was  through  the  ballot 
tees  at  the  presidential  election.  The  object 
of  this  debate  is  then  known,  confessed,  declared, 
avowed;  the  bank  is  in  the  field;  enlisted  for 
the  war ;  a  battering  ram — the  calapuUa,  not 
of  the  Romans,  but  of  the  National  Republicans ; 
Dot  to  beat  down  the  walls  of  hostile  cities,  but 
to  beat  down  the  citadel  of  American  liberty ; 
to  batter  down  the  rights  of  the  jieople  ;  to  de- 
stroy a  hero  and  patriot ;  to  command  tlie  elec- 
tions, and  to  elect  a  Bank  President  by  dint  of 
I  lank  power. 

"Tlic  bank  is  in  the  field  (.said  Mr.  B.),  a  com- 
I  liatant,  and  a  fearful  and  tremendous  one,  in  the 
presidential  election.  If  she  succeeds,  tliere  is 
an  end  of  American  liberty — an  end  of  the  re- 
pablic.  The  forms  of  election  may  be  permitted 
for  a  while,  as  the  forms  of  the  consular  elec- 
tions were  permitted  in  Rome,  during  the  last 
I  years  of  the  republic;  but  it  will  be  for  a  while, 
I  iiiiiv.  The  President  of  the  bank,  and  the  Pre.s- 
1  idtut  of  the  United  States,  will  be  cousins,  and 
I  cousins  in  the  royal  sense  of  the  word.  They 
Kill  elect  each  other.  T'hey  will  elect  their  suc- 
|ci<,-ors;  they  will  tran.sniit  their  thrones  to  their 
ili'5ceudant.s.  and  tliat  by  legislative  construc- 
Ition.  The  great  Napoleon  was  decreed  to  be 
jkreJitiiry  emperor  by  virtue  of  the  22d  article 
I  111' the  constitution  of  the  republic.     The  con- 

YoL.  I.— 17 


Bervafive  .*>enato  and  the  Tribunitinl  .\s.<etnMy 
maile  him  enijHTor  by  rnn.*truction ;  mid  lli"t> 
same  con.-'tniclion  which  was  put  iiihiu  the  l.*:M 
article  of  the  French  constitution  of  the  yciir 
Vllf.  may  l»e  as  en.«ily  jilaced  upon  the  '  p'nemi 
welfare'  clause  in  the  constitution  of  lhe»' 
I'nited  States. 

"The  Bank  is  in  the  field,  and  the  West. — 
the  (ireiit  AVcst,  is  the  selected  theatre  of  her 
o|)erations.  There  her  terntrs,  her  seductions, 
her  energies,  her  rewards  and  her  puni.-<lunents. 
arc  to  be  directed.  The  senator  from  Massa- 
chusetts o{)ened  yesterday  with  a  picture  of  the 
niin  in  the  West,  if  the  bank  were  not  ivchar- 
tered;  and  the  senator  from  Kentucky,  Mr. 
Clay,  wound  up  with  a  retouch  of  the  same  pic- 
ture to  day,  with  a  clo.seness  of  coincidence 
which  showed  that  this  part  of  the  battle 
ground  had  been  reviewed  in  company  by  the 
associate  general."' and  duplicate  .senators.  Both 
agi"ee  that  the  AVest  is  to  be  ruined  if  the  bank 
be  not  rechartered ;  and  rechartered  it  cuinot 
be,  unless  the  veto  President  is  himself  rir/rW. 
This  is  certainly  candid.  But  the  gentlemen's 
candor  did  not  stop  there.  They  .went  on  to  show 
the  modus  operandi;  to  show  how  the  ruin 
would  be  worked,  how  the  country  would  be  de- 
vastated,— if  Jackson  was  not  put  down,  and  the 
bank  rechartered.  The  way  was  this :  The  West 
owes  thirty  millions  of  dollars  to  the  bank;  the 
bank  will  sue  every  debtor  within  two  years  af- 
ter its  charter  expires ;  there  will  be  no  money  in 
the  country  to  pay  the  judgments,  all  jiroperty 
will  be  sold  at  auction ;  the  price  of  all  [iroperty 
will  fall ;  even  the  growing  crop.s,  quite  up  to 
Boon's  Lick,  will  sink  in  value  and  \osii  half  their 
price !  This  is  the  picture  of  ruin  now  drawn  by 
the  senator  from  Massachusetts ;  these  the  words 
of  a  voice  now  pleading  the  cause  of  the  "West 
against  Jackson,  the  sound  of  which  voice  never 
happened  to  be  heard  in  favor  of  the  West  during 
the  late  war,  when  her  sons  were  bleeding  under 
the  British  and  the  Indians,  and  Jackson  was  pe- 
rilling life  and  fortune  to  save  and  redeem  her. 

"  This  is  to  be  the  punishment  of  the  AV'est  if 
she  votes  for  Jackson ;  and  by  a  plain  and  natu- 
ral inference,  she  is  to  have  her  reward  for  put- 
ting him  down  and  putting  up  another.  Thirty 
millions  is  the  bank  debt  in  the  West ;  and 
these  thirty  millions  they  threaten  to  collect 
by  writs  of  execution  if  Jackson  is  re-elected; 
but  if  he  ')e  not  elected,  and  somebody  else  be 
elected,  then  they  promise  no  forced  payments 
shall  be  exacted, — hardly  any  payment  at  all ! 
The  thirty  millions  it  is  jiretendtd  will  almost 
be  forgiven ;  and  thus  a  bribe  of  thirty  millions 
is  deceitfully  oil'ered  for  the  W^estern  vote, 
with  a  threuc  of  punishment,  if  it  be  not  taken ! 
But  the  West,  and  especially  the  State  of  Ohio, 
is  aware  that  Mr.  Clay  does  not  u.se  the  bank 
power,  in  exteii'lnii;  charities — coercion  is  his 
mode  of  appeal — and  wlien  President  Clay  and 
IVesident  Huldle  have  obtained  their  double 
sway,  all  these  fair  promises  will  be  f(jrnotten. 
Mr.  B.  had  read  in  the  Roman  history  of  the 


-I*' 


"* 


g»!?\^>; 


2:>8 


TIIIUTY  \KMIS'  VIEW. 


inipirc  twin^  put  up  to  Kale;  he  had  read  of 
yiotoriouH  p.'nt'riilH,  ri'tiiriiiii)^  from  Awiatic  con- 
qufsts,  hikI  loadod  with  orit'iitjd  spoil,  hid(hii>? 
in  the  market  for  the  consulship,  and  purchan- 
inj;  their  elections  with  the  wealth  of  conf|nered 
kingdomK;  hut  he  hiwl  never  expected  to  wit- 
neHM  a  hid  for  the  presidency  in  thiH  younR  and 
fne  repuhlic.  He  thoufrht  he  lived  too  early, — 
too  near  the  hirth  of  the  reptdjlic, — while  every 
thinp  woa  yet  too  youn^;  and  innocent, — to  Bee 
the  American  presidency  put  up  at  auction. 
Hut  he  affirmed  this  to  he  the  cuso  now ;  and 
called  upon  every  senator,  and  every  auditor, 
who  had  heard  the  senator  from  Massachusetts 
the  day  before,  or  the  senator  from  Kentucky 
on  that  day,  to  put  any  other  construction,  if 
they  could,  upon  this  seductive  offer  to  the 
West,  of  mdefinitc  accommodation  for  thirty 
millions  of  debt,  if  she  would  vote  for  one  gen- 
tleman, and  the  threat  of  a  merciless  exaction 
of  that  debt,  if  she  voted  for  another  ? 

"  Mr.  B.  demanded  how  the  West  came  to  be 
selected  by  these  two  senators  as  the  theatre  for 
the  operation  of  all  the  terrors  and  seductions  of 
the  bank  debt  ?  Did  no  other  part  of  the  country 
owe  money  to  the  bank?  Yes!  certoinly,  fifteen 
millions  in  the  South,  and  twenty-five  millions 
north  of  the  Potomac.  Why  then  were  not  the 
North  and  the  South  included  in  the  fancied 
fate  of  the  West  ?  Simply  because  the  presiden- 
tial election  could  not  be  affected  by  the  bank 
debt  in  those  quarters.  The  South  was  irrevo- 
«!ably  fixed ;  and  the  terror,  or  seduction,  of  the 
payment,  or  non-payment,  of  her  bank  debt, 
would  operate  nothing  there.  The  North  owed 
but  little,  compared  to  its  means  of  payment, 
and  the  presidential  election  would  turn  upon 
other  points  in  that  region.  The  bank  debt  was 
the  argument  ibr  the  West;  and  tiic  bank  and 
the  orators  hod  worked  hand  in  hand,  to  pro- 
duce, and  to  use,  this  argument  Mr.  B.  then 
affirmed,  that  the  debt  had  been  created  for  the 
very  purpose  to  which  it  -vas  now  applied ;  an 
electioneering,  political  purpose;  and  this  he 
proved  by  a  reference  to  authentic  documents. 

"  Mrst:  He  took  the  total  bank  debt,  as  it  ex- 
isted when  President  Jockson  first  brought  the 
bank  charter  before  the  view  of  Congress  in  De- 
cember, 1829,  and  showed  it  to  be  $40,216,000; 
then  he  took  the  total  debt  as  it  stood  at  pre- 
sent, being  $70,428^000 ;  and  thus  showed  an  in- 
crease of  thirty  millions  in  the  short  space  of 
two  years  and  four  months.  This  great  increase 
had  occurred  since  the  President  had  delivered 
opinions  against  the  bank,  and  when  as  a  pru- 
dent, and  law  abiding  institution,  it  ought  to 
have  been  reducing  and  curtailing  its  business, 
or  at  all  events,  keeping  it  stationary.  lie  then 
riiowed  the  aimual  progress  of  this  increase,  to 
demonstrate  that  the  increase  was  faster  and 
faster,  as  the  charter  drew  nearer  and  nearer  to 
its  termination,  and  the  question  of  its  renewal 
pressed  closer  and  closer  upon  the  people.  He 
.<lio\VL'.l  thiit  the  increase  the  tir>t  year  after  the 
mcssu^'e  of  lh29  was  four  millions  and  a  quarter ; 


in  the  second  j'enr,  which  wna  ln«t  yi«r.  thoiji 
nineteen  millions,  to  wit,  from  ljJ44,0.')2,l*Hi,  t„ 
8t')3,(i2(i4')2 ;  and  the  increase  in  the  four  firM 
montliH  of  tlio  present  year  was  nearly  five  mil. 
lions,  l)eiiig  at  the  rate  of  nfwut  one  million  «n<l 
a  quarter  a  month  since  the  hank  had  niiiilii,] 
for  a  renewal  of  her  charter!  After  huvin;- 
shown  this  enonnous  increase  in  the  siini  tijtil 
of  the  debt,  Mr.  IJ.  went  on  to  show  where  ii 
had  taken  place ;  and  this  he  proveil  lo  b< 
chiefly  in  the  West,  and  not  merely  in  the  Wi^t 
but  prmcipally  in  those  ports  of  the  West  in 
which  the  presi<lential  election  was  held  to  be 
most  doubtful  and  critical. 

"  He  hc'ran  with  the  State  of  Louisiana,  arnl 
showed  that  the  increase  there,  since  the  deliverv 
of  the  message  of  1820,  was  $5,0(11,1 01;  f,, 
Kcntuckv.  that  the  increa-sc  was  1$3,0(I9,83(<' 
that  in  bh\o,  it  was  ^2,079,207.  Here  was  an' 
increase  of  ten  millions  in  three  critical  am] 
doubtful  States.  And  so  on,  in  others.  Ilavin" 
showr.  this  enormous  increase  of  debt  in  the 
West,  Mr.  B.  went  on  to  show,  from  the  time 
and  circumstances  and  subsequent  events,  that 
they  were  created  for  a  political  purpose,  and 
had  already  been  used  by  the  bank  with  that 
view.  He  then  recurred  to  the  two-and-twenty 
circuh  fs,  or  writs  of  execution,  as  he  called 
them,  Issued  against  the  South  and  West,  in 
January  and  February  last,  ordering  curtailments 
of  all  debts,  and  the  supply  of  reinforcements  to 
the  Northeast.  He  shov.ed  that  the  reasons 
assigned  by  the  bank  for  issuing  the  orders  of 
curtailments  were  false ;  that  she  was  not  de- 
prived of  public  deposits,  as  she  asserted ;  fui 
she  then  had  twelve  millions,  and  now  ha.s 
twelve  millions  of  these  deposits  ;  that  she  was 
not  in  distress  for  money,  as  she  asserted,  fur 
she  was  then  increasing  her  loans  in  other  quar- 
ters, at  the  rate  of  a  million  and  a  quarter  a 
month,  and  had  actually  increased  them  ten 
millions  and  a  half  from  the  date  of  the  first 
order  of  curtailment,  in  October,  1831,  to  the 
end  of  May,  1832 !  Her  reasons  then  assigned 
for  curtailing  at  the  Western  branches,  were 
false,  infamously  false,  and  were  proved  to  be  so 
by  her  own  returns.  The  true  reasons  were 
political  •.  a  foretaste  and  prelude  to  what  is  now 
threatened.  It  was  a  manoeuvre  to  press  tlio 
debtors — a  turn  of  the  screw  upon  the  borrow- 
ers— to  make  them  all  cry  out  and  join  in  the 
clamors  and  petitions  for  a  renewed  charter  I 
This  was  the  reason,  this  the  object ;  and  a  mo>t 
wanton  and  cruel  sporting  it  was  w;itli  the  pro- 
perty and  feelings  of  the  unfortunate  debtor?. 
The  overtiowing  of  the  river  at  Loiiisville  and 
Cincinnati,  gave  the  bank  an  opportunity  of 
showing  its  gracious  condescension  in  the  tem- 
porary and  slight  relaxation  of  her  orders  iit 
those  places ;  but  there,  and  every  where  else  in 
the  West,  the  screw  was  turned  far  enough  tu 
make  the  .^creams  of  the  victims  reach  their  re- 
presentatives in  Congress.  In  Mobile,  alone, 
half  a  million  was  curtailed  out  of  a  million  and 
a  half;  at  every  other  branch,  curtailments  are 


!cposit  to  the  cred 


ANNO  1831     ANHKEW  .TAf  KSON.  I  UHMDKST. 


250 


riinT  on  ;  nn'l  nil  ihU  fur  poJiticnl  cfTcrt,  and  to 
•<•  fii|lo«<'<l  iif<  I'V  till-  cU'i'iidiu'iTinr:  fiil)ricnlion 
•iiat  it  ix  the  fflict  if  the  veto  iiu'cunfrc.  Yis! 
the  vrto  iiK'Hsnjri!  iidd  rri'sirli-nt.  nn.' tii  Ik' lii'M 
;p  as  the  catipc  of  thi«p  ciirtiiihneiits,  wliicli 
!,avi'  Ixcn  piiiiijr  fii  for  Jmlf  n  yonr  jiast  ! 

•rotincctod  with  the  rn-iition  of  tlii«  now 
iltlit,  was  the  ct^taMishini'iit  <>f  several  niMV 
lirniiohi'S,  anil  the  promise  f)f  many  more.  In- 
•tind  of  ivmaining  stationary,  aiul  awaiting  the 
action  of  Conpres8,  the  bank  showed  itself  de- 
'orniincd  to  spread  and  extend  its  business,  not 
,nly  in  debts,  but  in  new  branches.  Na.shvil!e, 
Natihoz,  St.  Lotiis,  were  favored  with  branches 
at  the  eleventh  hour.  New-York  had  the  same 
fivnr  done  her ;  and,  at  one  of  these  (the  branch 
at  UticaX  the  Senate  could  judge  of  the  neces- 
sity to  the  federal  government  which  occasioned 
it  to  ho  established,  and  which  necessity,  in  the 
(pinion  of  the  Supremo  Court,  is  sufficient  to 
overturn  the  laws  and  constitution  of  a  State : 
the  Senate  could  judge  of  this  necessity,  from 
ho  fact  that  twenty-live  dollars  is  rather  a  large 
ikposit  to  the  credit  of  the  United  States  Trea- 
riiror,  and  that,  at  the  last  returns,  the  federal 
deposit  was  precisely  two  dollars  and  fifty  cents ! 
iliis  extension  of  branches  and  increase  of  debt, 
I'.t  the  approaching  termination  of  the  charter, 
was  evidence  of  the  determination  of  the  bank 
to  he  rcchartered  at  all  hazards.  It  was  done 
to  create  an  interest  to  carry  her  through,  in 
spite  of  the  will  of  the  people.  Numerous  pro- 
mises for  new  branches,  is  another  trick  of  the 
•sme  kind.  Thirty  new  branches  are  said  to  bo 
in  eontemplation,  and  about  three  hundred  Til- 
laws  have  been  induced  each  to  believe  that  it- 
aif  was  the  favored  spot  of  location ;  but,  always 
upon  the  condition,  well  understood,  that  Jack- 
son should  not  bo  re-elected,  and  that  they 
ijiould  elect  a  representative  to  vote  for  the  re- 
charter. 

'•  Mr.  B.,  having  shown  when  and  why  this 
Western  debt  was  created,  examined  next  into 
the  alleged  necessity  for  its  prompt  and  rigorous 
collection,  if  the  charter  was  not  renewed ;  he 
ilenicd  the  existence  of  any  such  necessity  in 
idint  of  law.  lie  affirmed  that  the  bank  could 
take  as  much  time  as  she  pleased  to  collect  her 
I'ehts,  and  could  be  just  as  gentle  with  her 
lebtors  as  she  chose.  All  that  she  had  to  do 
ffas  to  convert  a  few  of  her  directors  into  trus- 
tees, as  the  old  Bank  of  the  United  States  had 
iloiie,  the  aftairs  of  which  were  wound  up  so 
L'eiitly  that  the  country  did  not  know  when  it 
nuled.  Mr.  B.  appealed  to  what  would  be  ad- 
mitted to  be  bank  authority  on  this  point :  it 
vas  the  opinion  of  the  senator  from  Kentucky 
|\Ii'.  Clay),  not  in  his  speech  against  renewing 
:  .0  bank  charter,  in  1811,  but  in  his  report  of 
liiiit  year  against  allowing  it  time  to  wind  up  its 
a;!airs.  The  bank  then  asked  time  to  wind  up 
its  atlairs ;  a  cry  was  raised  that  the  country 
would  be  ruined,  if  time  w'as  not  allowed ;  but 
the  senator  from  Kentuckj' then  answered  that 
sry,  by  referring  the  bank  to  its  common  law 


riglit  to  constitute  tnisf»><<s  to  wind  up  it"  affair*. 
The  Ci ingress  acted  up'Mi  thi*  Knu'irf'^tion  by  re« 
tuning  the  time ;  tbelMiik  iu'tcd  u|ii>n  the  Kiig- 
(.'esfidu  by  ap|Hiiiitiiv_'  trusties;  the  debtors 
huslu'd  their  cries,  iind  thepiililic  never  hennl  nf 
the  suljert  afterwa;  'Is.  Tlie  pretext  of  iiii  un- 
renewed charter  is  not  necessary  to  stinudate 
the  bank  to  the  pressnn-  of  Western  debtors, 
look  at  Cincinnati !  what  but  a  determination 
to  make  its  power  felt  and  feared  occasioned  the 
pressure  at  that  place  ?  And  will  that  <lisjio>i- 
tion  ever  l)c  wanting  to  such  an  institution  as 
that  of  the  Bank  of  the  United  States? 

"  The  senator  from  Kentucky  has  cfiangcd  his 
opinion  about  the  constitutionality  of  the  bank  ; 
but  has  he  changed  it  about  the  legality  of  the 
tnist?  If  he  has  not,  he  must  surrender  his 
alarms  for  the  ruin  of  the  West  if  ho  has,  the 
law  itself  is  unchanged.  The  bank  may  act 
under  it ;  and  if  she  does  not,  it  is  because  she 
will  rot ;  and  because  she  chooses  to  ptniisli  the 
AVest  for  refusing  to  stipport  her  candidate  for 
the  presidency.  What  then  becomes  of  all  this 
cry  about  ruined  fortunes,  fallen  prices,  and  the 
loss  of  growing  crops  1  All  imagination  or  crtiel 
tyranny !  The  bank  debt  of  the  West  is  thirty 
millions.  She  has  six  years  to  pay  it  in ;  and, 
at  all  events,  he  that  cannot  pay  ni  six  )ears, 
can  hardly  do  it  at  all.  Ten  millions  are  in  bills 
of  exchange ;  and,  if  they  are  real  bills,  they  will 
be  payable  at  maturity,  in  ninety  or  one  hundred 
and  twenty  days  j  if  not  real  bills,  but  disguised 
loans,  drawing  interest  as  a  debt,  and  premium 
as  a  bill  of  exchange,  they  are  usurious  and  void, 
and  may  be  vacated  in  any  upright  court. 

"  But,  the  great  point  for  the  West  to  fix  its 
attention  upon  is  the  fact  that,  once  in  evciy  ten 
years,  the  capital  of  this  debt  is  paid  in  annual 
interest ;  and  that,  after  paying  the  capital  many 
times  over  in  interest,  the  principal  will  have  to 
be  paid  at  last.  The  sooner,  then,  the  capital  is 
paid  and  interest  stopped,  the  better  for  the  coun- 
try. 

"  Mr.  Clay  and  Mr.  Webster  had  dilated  large- 
ly upon  the  withdrawal  of  bank  capital  from 
the  West.  Mr.  B.  showed,  from  the  bank  doc- 
uments, that  they  had  sent  but  938,000  dol- 
lars of  capital  there ;  thai  the  opcraiion  was  the 
other  way,  a  ruinous  drain  of  capital,  and  that 
in  hard  money,  from  the  West,  lie  went  over 
the  tables  which  showed  the  annual  amount  of 
these  drains,  and  demonstrated  its  ruinous  na- 
ture upon  the  South  and  West.  He  showed  tlie 
tendency  of  all  branch  bank  paper  to  flow  to  the 
Northeast,  the  necessity  to  redeem  it  annually 
with  gold  and  silver,  and  bills  of  exchange,  and 
the  inevitable  result,  that  the  West  would  even- 
tually be  left  without  cither  hard  money,  or 
branch  bank  paper. 

"  ^Ir.  Clay  had  attributed  all  the  disasters  of 
the  late  war,  especially  the  surrender  of  Detroit, 
and  the  Bladensburg  rout,  to  tlie  want  of  this 
bank.  Mr.  B.  asked  if  bank  credits,  or  bank 
advances,  could  have  inspired  coura;.;e  into  t'o 
bosom  of  the  unhappy  old  man  wlio  had  b.en 


7 


'2m 


TIIIHTY  YKAIW  MKW. 


Wr-'n 


iJip  aniHo  of  tho  •dimndir  of  J)otr<)it  7  or,  cfmM 
liiivi-  iiiiidi'  tliii-c  tii^lil  uImi  (iiiilil  ii'il  Ik;  iiiHj)irf<l 
Jiy  tln'  \ii'>v  I  if  tlii'ii  •apiiiil.  tlif  [iri-.-ciicc  i>f  tlicir 
I'ri'sidciit,  iukI  till'  iH'iif  |irii-  nity  ol'  tliiir  fiuiii- 
lii'N  uii'l  liri'-:'lis  /  Andrew  nkioii  CDiiiiiicri'd 
at  N»'\v  (Jill  ii-i,  witliuiit  iiH'iny,  williKiit.  iirrns, 
witliiiiit  credit — live,  witlu'Ut,  ii  Imiik.  Jle  p*t 
t'Ven  his  flints  from  lliepiratei.  lie  seoiited  tlic 
ide;i  of  Itriive  men  lieiii),'  prodiiced  \<y  I  lie  liiiiik. 
If  it  had  exi.stcd,  it  unnld  htive  lit'eii  u  Imrlheii 
upon  the  hiiiid.i  nf  the;;i)veriiiii(jMt.  It  was  now, 
lit  thin  hour,  a,  hiirthiii  ii|hiu  tin,'  IiUhU  of  the 
government,  and  an  oI)stacle  to  tho  payment  of 
the  jiuhlic  del)t.  It  hi.d  procured u  imyment  of 
MX  niilHons  of  tlie  )iniilic  debt  to  be  delayeil, 
from  .Inly  to  October,  under  thu  jiretext  tliat 
the  merchants  roiild  not  jiay  their  bonds,  wluii 
these  bonds  were  now  paid, and  twelve  millions  of 
dollars — twice  the  amount  intended  to  have  been 
paid — lies  in  the  vaulH  of  the  bank  to  be  used  by 
her  in  I)ealin;;  down  tlie  vet(»  ine-snge,  the  autlior 
of  the  messag'e,  and  all  who  Bhare  his  opiniunM. 
Tho  bank  was  not  only  a  burthen  upon  the 
hands  of  the  pjvernnient  now,  but  liiid  been  a 
))urthen  upon  it  in  three  years  after  it  started — 
when  it  would  have  stojiix  d  payment,  as  all 
America  knowr!,  In  April  I81U,  had  it  not  been 
for  the  use  of  ei^ht  millions  of  public  deposits, 
and  the  seasonable  arrival  of  wag<jns  loaded  with 
specie  from  Kentucky  and  Ohio. 

"  Mr.  B.  defended  the  old  banks  in  Kentucky, 
Ohio,  and  Tennessee,  from  the  aspersions  which 
had  been  cast  upon  thr"Tn.  They  had  aided  the 
poveniment  when  {'■..•  \ '-thern  bankers,  who 
now  scotl'at  them,  .iCi.'H-d  to  advance  a  dollar. 
They  had  advanci^n  tie  u/moy  which  enailed 
the  warri')r8  o/  <!-.  West  to  go  forth  to  battle. 
They  had  orippleu  iiiem«jlves  to  aid  their  gov- 
ernment. After  the  va,'  they  resumed  specie 
payments,  which  had  been,  suspended  with  the 
consent  of  tiie  legislatures,  to  enable  them  to  ex- 
tend all  their  means  in  aid  of  the  national  strug- 
gle. This  resumption  was  made  practicable  by 
the  Treasury  deposit,  in  the  State  institutions. 
They  were  withdrawn  to  give  capital  to  the 
branches  of  the  great  monopoly,  when  first  extend- 
ed to  the  West.  These  branches,  then,  produc- 
ed again  the  draining  of  the  local  bankS;  which 
they  had  voluntarily  suflered  for  the  si-ke  of 
government  during  the  war.  They  had  bicri- 
ticed  their  interests  and  credit  to  sustain  the 
credit  of  the  national  treasury — and  the  treasu- 
ry surrendered  them,  as  a  sacrifice  to  the  national 
bank. .  They  stopped  payment  under  the  pres- 
sure and  extortion  of  the  new  establishnients, 
introduced  against  the  consent  of  the  people  and 
legislatures  of  the  AV'estern  States.  The  paper 
of  the  AVestern  banks  depreciated — the  stock  of 
the  States  and  of  individual  stockholders  was 
sacrificed — the  country  was  filled  with  a  spu- 
rious currency,  by  the  course  of  an  institution 
which,  it  was  pretended,  was  established  to  pre- 
vent such  a  calamity  The  Bank  of  the  United 
States  was  tlms  established  on  the  ruins  of  the 
banks,  and  foreigners  and  non-residents  were  fat- 


tened on  their  cp*!!!-*.  They  wen-  tttiipix  1  , 
their  K|ii-«'it'  to  |)am|>i-rth«' itniN'riitl  bank,  '||„ 
fell  victims  to  their  |ialriotiNm,  mill  to  th<  •  ^tiU. 
lishiiicnl  of  the  I'liited  Stafeii  bank;  nnd  i  j,^, 
unjust  anil  unkind  t"  repioiuh  ihim  with  u  tut, 
whicli  their  palrioti>r  .  n  I  ihe  chiuoli-lnmi, 
of  the  federal  bank  bi    'ii.ii'  j|M<ii  Ihetii. 

".Mr.  flay  md  .Mr.  iWoster  bad  mImiIm']  d,,, 
Pre-ideiit  for  \u^  allusion  to  the  inaiinei'  in  wim  i, 
the  liaiik  charter  hiidlMcn  pushed  tlii'ou^'ii  ('i.i|. 
i;re,ss,  jM'nding  an  iinfiii:>lii'd  invisligiition,  iilm. 
tanlly  eijiieeded.  .Mr.  H.  deiuanrlcd  if  tiiat  w,i. 
not  true  ?  He  asked  if  it  was  not  wron^'  tu  1,11,1, 
tlie  charter  through  in  that  iniimier,  and  it  H,,. 
President  had  not  done  right  to  stop  it,  to  bulk 
this  hurried  process,  and  to  giyi^  the  people  in,,,, 
for  con!<ideration  nnd  enable  them  to  m  t  i  Ij,. 
had  oidy  brou;;ht  the  subject  lo  the  notice  of  tj,,. 
Congress  and  the  jieople,  but  had  not  rccum- 
mended  immediate  legislation,  before  thesiibjict 
had  been  eanvas.sed  before  the  nation.  It  wnm 
gross  perversion  of  his  nieshages  to  (|ni/i,  tliiin 
in  favor  of  immediate  decision  without  privimi. 
inve.stigution.  He  was  not  evading  the  .jiiestinn, 
The  veto  message  proved  that,  lie  sought  lii,,,. 
for  the  people,  not  for  himself  and  in  that  1,,. 
coincided  with  a  sentinieiit  liit^  ly  exiin'ss((l  liv 
the  senator  him.*<clf  O'roni  Kentucky)  at,  C'ii;.ih. 
nati;  he  was  coinciding  with  the  example  (.'  tin 
British  parliament,  whici,  had  not  yet  iKiiil'  i 
the  question  of  rochart.  ring  the  Bank  of  liu... 
land,  and  which  had  just  raised  an  extraonliuaiv 
committee  of  thirty-one  members  to  'xainiiu' 
the  bank  through  all  her  departments;  aud.  wlim 
was  much  more  material,  he  had  coincided  with 
the  spirit  of  our  constitution,  and  the  right.-,  1  f 
the  people,  in  preventing  an  expiring  minoiity 
Congress  from  usurping  the  powers  and  righi- 
of  their  successors.  The  President  had  imt 
evaded  the  ijuestion.  He  liad  met  it  fully,  llu 
might  have  said  nothing  about  it  in  his  iiR!jsiij:t,s 
of  1829,  ';50,  and  '.1.  He  might  have  nnuinw! 
silent,  and  had  the  -iipjiort  of  both  partii  -,  Imt 
the  safety  and  interest  of  the  country  requiivi 
the  people  to  be  a\\akcned  to  tho  consideration 
of  the  subject.  He  had  waked  them  up;  uM 
now  that  they  are  awake,  he  lias  secured  tliiiu 
time  for  consideration,     is  this  evasion  ? 

"Messrs.  C.  and  W.  had  attacked  the  Presi- 
dent for  objecting  to  foreign  stockholder.s  in  thi' 
Bank  of  the  United  States.  Mr.  B.  maintained  iln 
solidity  of  the  objection,  and  exposcii  the  iUiility 
of  the  argument  urged  by  the  duplicate  senatoi-. 
They  had  asked  if  foreigners  did  not  hold  stock 
in  pad  and  canal  companies?  Mr.  B.  said.  \t-l 
but  these  road  and  canal  companies  did  not  hii|i- 
pen  to  be  the  bankers  of  the  United  States !  Tin 
foreign  stockholders  in  this  bank  were  the  bank- 
el's  of  the  United  States.  They  held  its  inomys: 
they  collected  its  revenues ;  they  almost  con- 
trolled its  finances ;  they  were  to  give  or  with- 
hold aid  in  war  as  well  as  peace,  and,  it  inij.'lit 
be,  against  their  own  government.  Was  ilit 
United  States  to  depend  upon  foreigners  in  a 
pouit  so  material  to  our  existence  7    The  lanli 


ANNO  l«n2.     AMtRKW  JACKSON,  rui>*n»KNT. 


2Cl 


n-11  «  nntlnnul  inxtitutimi  Oncht  n  nntinnal  in- ' 
i!iliiiii'H  to  Im-  til"  |)riviiro  iiri>|v'rly  <>f  nVu-w-t ' 
It  wr»x  (alli'd  the  llimk  of  ttii'  I'liilol  Stnft'X,  mill 
..•ii.''!»  if  to  )m'  til'-  liMtik  <if  till'  n<)liilitv  iiinl  iri-n- 
trv  <if  'ircnt  Uritjim?  TIk'  scnutor  frnni  Ki-ii- 
(iicky  liiwl  "lire  olijiTtol  t'>  forci^rii  stuoklicilijcrs 
liim-''tf.  Ill'  <li(|  tlii-*  in  Ills  ■i|K'c('h  ui/ftirHt  tlic 
liiiiK  ill  If^il ;  nn'l  iiitlinuirh  lie  lui'l  rcvdkcil  the 
niii>>iituliiMi:iI  iloctrincs  of  tlmt  «p<'i'i-li.  lie  [Mr. 
1!.]  nfvpr  11)1  I'Tstoo'l  that  lu'  liiul  ri  voki'il  ttio 
.iiiiiiiii'nts  til  I  cxpri'sst'*!  of  tlii'  ilanjrcr  <>f  oor- 
riin'idn  in  our  (•'miiciU  rni'l  elections,  if  fon'i^niTs 
(vtl'li'il  the  inonoyi'd  jiowerof  oiirconntrv.  He 
t.ilil  ustl,  II  that  tlie|)o\verotthi']»ir-;ecoinnmn'l- 
c  iiliat  of  the  swonl — and  would  he  coniniit  lioth 
I.)  tin'  liauds  of  forei'jners  t  All  the  lesson'^  of 
li  iiy.  said  Mr.  IJ.  iclnioiiish  hh  to  kee[)  clear  of 
I  .ivi'.'u  intlnutico.  The  mo-it  dangerous  inlhiencc 
fr  111  I'or.'if^nersis  through  money,  'f'e  corrnptioii 
nf  (irators  aiei  (Statesmen.  U  the  ready  way  to 
[iiison  the  councils,  and  to  hetray  the  interest  of 
.iroiintiy.  Foreifrners  now  own  one  fourth  of 
tlii-;  hank;  they  may  own  the  whole  of  it! 
What  a  temptation  to  them  to  (njrafro  in  our 
(I  ■'inns !  Ky  cnrr^-inpf  a  President,  and  a  ma- 
Miiiiy  of  Conirress,  to  snit  themselves,  thoy  not 
,:ily  Ix'come  ma^^ters  of  the  moneyed  power,  but 
nl,-o  of  the  political  jM)wer,  of  this  republic. 
Ami  can  it  be  supposed  that  the  Uritish  stock- 
li.ikl'Ts  are  indillercnt  to  the  i.xsue  of  thi    elec- 


tiiiii 


.'  that  thoy,  and  their  imcnts,  can  see  with 
iniliHLrence,  the  re-election  of  a  man  who  may 
ilis.ippoint  their  hopes  of  fortune,  and  whose 
icliii'vcment  at  New  Orleans  is  a  continued  mc- 
iiu'i.io  of  the  most  signal  defeat  the  arms  of  Eng- 
!:in(l  ever  sustained  ? 

■The  President,  in  his  nussasre,  had  charac- 
torizcd  the  exclusive  privilepc  of  the  bank  as  '  a 
monopoly.'  To  this  Afr.  Webster  had  taken 
rxct'jition,  and  ascended  to  the  Greek  root  of 
the  word  to  demonstrate  its  true  siirnification, 
and  the  incorrectness  of  the  President's  applica- 
tion. Mr.  B.  defended  the  President's  use  of 
the  term,  and  said  that  he  would  pive  authority 
too.  liut  not  Greek  authority.  lie  would  as- 
pon'l,  not  to  the  Greek  root,  but  to  the  Enfrlish 
to5t  of  the  word,  and  show  that  a  whig  baronet 
had  applied  the  term  to  the  Bank  of  England 
with  still  more  offensive  epithets  than  any  the 
I'asiilent  had  used.  Mr.  B.  then  read,  and 
cinimi'Tited  upon  several  passages  of  a  speech  of 
Sir  William  Pulteney,  in  the  British  House  of 
I'onimoiis,  against  renewinj^-  the  charter  of  the 
Hank  of  England,  in  which  the  term  monopoly 
WHS  repeatedly  applied  to  that  bank ;  and  other 
terms  to  display  its  dangerous  and  odious  char- 
tir.  In  one  of  the  passages  the  whig  baronet 
m\ ;  '  The  bank  has  been  supported,  and  is  still 
Mipported,  by  the  fear  and  terror  which,  by  the 
nie.'ins  of  its  monopoly,  it  has  had  the  power  to 
inspire.'  In  another,  he  said :  '  I  consider  the 
iwwer  given  by  the  monopoly  to  be  of  the  na- 
iiiK!  of  all  other  despotic  power,  which  corrupts 
ilie  despot  as  much  as  it  corrupts  the  slave ! ' 
In  a  third  passage  he  said :  'VV'hatever  language 


thr  private  b.inkm  may  frrl  them«rlvp«  l>oiin'l 
t'>  Imld,  he  ciHild  imt  iH'lii-Vf  they  had  any  «iit- 
isfiietiiiii  in  p'tiKiiMing  Kiilijci-t  t<>  u  jwiwer  whu  h 
iiiighi  ili'tli  them  Ht  iiiiy  moment.'  In  a 
I'Mirth  :  '  N"  i.iitn  ill  France  w.h  hrard  to  <iiui- 
plain  of  the  Ha-iiilo  whili'  if  exl^tl'd;  yif  wIhh 
it  fell,  it  eaiiK-  down  miiiiNt  thi-  iiniver-nl  ai'i'la- 
niatiiins  of  the  ii.itinn  ' ' 

"  Here,  coiitinind  -Mr.  It.,  is   authority,  F.iil'- 
li-h  authority,  f'U'  ciilliiiir  the  BritiNli  bank  in 
I  Eii^rland  a  monopoly  ;  iind  the  Itriti-.!)  b'uik  in 
'  .\iiierica  i-i  cojiied  from  it.     ."^Ir  Wm.  Pulteney 
I  t'lK'S  Oivthi'r  tliaii  I'l'i'^idcnt  .Faeknon.     lie  siiys, 
that  the  I!  ".k  of  Kii'.'laiid    rules   by  fear   mid 
terror.     ''        Us  it  n  dc-pot,  and  a  eormpf  de!-- 
iiot       t  ■  of  the  slave."  eorrilpteil   by  the 

b;i  'loiilille  ■<  mean!'  the  tiouu- 

nal  del     .rt*  i-  re<'eived  ostensible  loans, 

real  «1     '"<•'         "     T  to   be    repaid,  except   in 
I  di-.hon  ,»      -:.     He  considers  tlu'  prai,»es 

i  of  the  eiMiiitry  hn.ikers  as  the  unvvillinir  homat.'e 
of  the  weak  and  helpless  to  the  c<irrupt  and 
1  iiowerfiil.  He  assimilates  the  Bank  of  Eii-rlaiid, 
l>y  the  terrors  which  it  inspires,  to  the  old  Ila.s- 
tile  in  France,  and  anticipates  the  snui.'  "iirst  of 
emancipatedjoyon  the  fall  of  the  bank,  ■  Meh  was 
heard  in  Fnmee  on  the  fall  of  the  Hastile,  And 
is  he  not  right?  And  may  not  every  word  uf 
his  invective  be  applied  to  the  British  bank  in 
America,  and  find  its  apjiropriate  application  in 
well-known,  and  iueontestable  facts  here  ?  Well 
ha.s  he  likened  it  to  theBastile;  well  will  tl:o 
term  apply  in  our  own  country.  Great  is  the 
fear  and  terror  now  insjiired  by  this  bank.  Si- 
lent are  millions  of  tongues,  under  its  terrors 
which  are  impatient  for  the  downfall  of  the  mon 
ument  of  despotism,  that  they  may  break  fiirtl 
into  joy  and  thanksjiiving.  The  real  Bastil» 
was  terril.'le  to  all  Franco;  the  figurative  Bius 
tile  is  terrible  to  .ill  America;  but  above  all  to 
the  West,  where  the  duplicate  senators  of  Ken- 
tticky  and  Massaehu,-itts,  ha^e  pointed  to  tlie 
reign  of  terror  that  is  approaching,  and  drawn 
up  the  victims  for  an  anticipated  immolation. 
But,  exclaimed  Mr.  B.,  this  is  the  month  of 
July ;  a  month  auspicious  to  libert}',  and  fatal 
to  Bastiles.  Our  dej)endence  on  the  crown  of 
Great  Britain  ceased  in  the  month  of  July  ;  the 
Bastilc  in  France  fell  in  the  month  of  July; 
Charles  X.  was  chased  from  France  by  the  three 
glorious  days  of  July;  and  the  veto  message, 
which  is  the  Declaration  of  Inilependence  against 
the  British  bank,  originated  on  the  fourth  of 
Julj',  and  is  the  signal  for  the  downfall  of  the 
American  Bastile,  and  the  end  of  despotism. 
The  time  is  auspicious ;  the  work  will  go  on  ; 
down  with  the  British  bank ;  down  with  the 
Bastile  ;  away  with  the  tyrant,  will  be  the  pa- 
triotic cry  of  Americans ;  and  down  it  will  go. 

"The  duplicate  senators,  said  Mr.  B.,  have 
occupied  themselves  with  criticising  the  Presi- 
dent's ideA  of  the  obligation  of  his  oath  in  con- 
struing the  constitution  for  himself.  They  also 
think  that  the  President  ought  to  be  bound,  the 
Congress  ought  to  be  bound,  to  take  the  consti- 


,%.^'b, 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


V. 


I/. 


M 
^ 


^ 


1.0 


I.I 


us 


1.25  i  f.4 


|22 
2.0 

1.6 


6" 


'i 


V 


^-5 


^^y 


«^^*:V 


">> 


%• 


Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)S72-4S03 


,<!(. 


%0 


n 


6^ 


2rr2 


TiiiU'n'  VKAfw'  vii:w. 


tntion  which  the  .Siipretne  Court  may  deal  out 
to  them !  If  HO,  why  take  an  oath  ?  The  oatli 
!■*  to  bind  the  conscience,  not  to  enlighten  the 
hoftfl.  Kvery  officer  taken  the  onth  for  hiniijclf ; 
the  President  took  tlic  oath  foi  himself;  admin- 
i<tere«l  by  the  Chief  Justice,  but  not  to  the 
Chief  Justice.  lie  bound  himself  to  o'iserve 
the  con«titution,  not  the  Chief  Juetice'a  inter- 
jirctation  of  the  constitution ;  and  hia  messa^ 
i>  in  conformity  to  his  oath.  This  is  the  oath  of 
«inty  and  of  right.  It  is  the  path  of  Jefferson, 
also,  who  has  laid  it  down  in  his  writings, 
that  each  department  judges  the  constitution 
hr  itself,  and  that  the  {'resident  is  as  inde- 
pendent of  the  Supreme  Court  as  the  Supreme 
Court  is  of  the  President. 

"The  senators  from  Kentucky  and  Massa- 
chusetts liave  not  only  attacked  the  President's 
idea  of  his  own  independence  in  constraing  the 
constitution,  but  also  the  construction  he  has 
put  upon  it  in  reference  to  this  bank.  They 
deny  its  correctness,  and  enter  into  arguments 
to  disprove  it,  and  have  even  quoted  authorities 
which  may  be  quoted  on  both  sides.  One  of 
the  senators,  the  gentleman  from  Kentucky, 
might  have  spared  his  objection  to  the  President 
on  this  point.  He  happened  to  think  the  same 
way  once  himself;  and  while  all  will  accord  to 
him  the  right  of  changing  for  himself,  few  will 
allow  him  the  privilege  of  rebuking  others  for 
not  keeping  up  with  him  in  the  rigadoou  dance 
of  changeable  opinions. 

"The  President  is  assailed  for  showing  the 
drain  upon  the  resources  of  the  West,  which  is 
made  by  this  bank.  How  assailed  ?  With  any 
documents  to  show  that  he  is  in  error  1  No ! 
not  at  all !  no  such  document  exists.  The 
President  is  right,  and  the  fact  goes  tu  a  far 
greater  extent  than  is  stated  in  his  message. 
He  took  the  dividend  profits  of  the  bank, — the 
net,  and  not  the  gross  profits ;  the  latter  is  the 
true  measure  of  the  burthen  upon  the  people. 
The  annual  drain  for  net  dividends  from  the 
West,  is  ^1,000,000.  This  is  an  enormous  tax. 
But  the  gross  profits  are  still  larger.  Then 
there  is  the  specie  drain,  which  now  exceeds 
three  millions  of  dollars  per  annum.  Tlieu 
there  is  the  annual  mortgage  of  the  growing 
crop  to  redeem  the  fictitious  and  usurious  bills 
of  exchange  which  are  now  substituted  for  ordi- 
nary loans,  and  which  sweeps  olf  the  staple  pro- 
ducts of  the  South  and  West  to  the  North- 
eastern cities. — The  West  is  ravaged  by  this 
bank.  New  Orleans,  especially,  is  rav.aged  by 
it ;  and  in  her  impoverishment,  the  whole  West 
suffers ;  for  she  is  thereby  disabled  from  giving 
adequate  prices  for  Western  produce.  Mr.  B. 
declared  that  this  British  bank,  in  his  opinion, 
had  done,  and  would  do,  more  pecuniary  dam- 
age to  New  Orleans,  than  the  British  army 
would  have  done  if  they  had  conquered  it  in 
1815.  He  verified  this  opinion  by  referring  to 
the  immense  dividend,  upudrds  of  half  a  million 
a  year,  drawn  from  the  brrinch  there ;  the  im- 
mense amounts  of  specie  drawn  from  it ;  the 


produce  carried  off  to  meet  the  donittitie  MHi 
of  exchange  ;  and  the  eight  anrl  a  half  luilliou 
of  debt  existing  there,  of  which  live  hiillioni 
were  created  in  the  la.st  two  years  to  au.swtr 
electioneering  purposes,  and  the  collection  of 
which  nmbt  paralyze,  for  years,  the  growth  of 
the  city.  From  further  damage  to  New  Or- 
leans, tiie  veto  mescage  would  ^uve  that  gnat 
city.  Jackson  would  be  her  saviour  a  kcoikI 
time.  He  would  save  lier  from  the  British  bank 
as  he  had  done  from  the  British  army ;  and  if 
any  federal  bank  must  l)c  there,  let  it  )h-  an  in- 
dependent one ;  a  separate  and  distinct  Imnli. 
which  would  save  to  that  city,  and  to  the  Valliy 
of  the  Mississippi,  of  which  it  was  the  great  and 
cherished  em|>orium,  the  command  of  tluir  own 
moneyed  system,  the  regulation  of  their  own 
commerce  and  finances,  and  the  accommodation 
of  their  own  citizens. 

"  Mr.  B.  addressed  himself  to  the  Jackson 
bank  men,  present  and  absent.  They  mi;:lit 
continue  to  be  for  a  bank  and  for  Jackson ;  but 
they  could  not  be  for  this  bank,  and  for  Jack- 
son. This  bank  is  now  the  open,  as  it  loni; 
has  been  the  secret,  enemy  of  Jackson.  It  is 
now  in  the  hands  of  his  enemies,  wielding  ull 
its  own  money — wielding  even  the  revenues 
and  the  credit  of  the  Union — wielding  twelve 
millions  of  dollars,  half  of  which  were  intended 
to  be  paid  to  the  public  creditors  on  the  fin-t 
day  of  July,  but  which  the  bank  has  retained 
to  itself  by  a  false  representation  in  the  pix- 
tended  behalf  of  the  merchants.  Ail  this  mon- 
eyed power,  with  an  organization  which  per- 
vades the  continent,  w^orking  every  where  with 
unseen  hands,  is  now  operating  against  tiie 
President ;  and  it  is  impossible  tu  be  in  favor 
of  this  power  and  also  in  favor  of  him  at  the 
same  time.  Choose  yo  between  them  !  To 
those  who  think  a  bank  to  be  indispensable, 
other  alternatives  present  themselves.  They 
are  not  bound  nor  wedded  to  this.  New  Amer- 
ican banks  may  be  created.  Read,  sir,  Ilenr}' 
Parnell.  See  his  invincible  reasoning,  and  in- 
disputable facts,  to  show  that  the  Banle  of  Eng- 
land is  too  powerful  for  the  monarchy  of  Gnat 
B.'itain  !  Study  hip  plan  for  breaking  up  that 
gigantic  institution,  and  establishing  three  or 
four  independent  banks  in  ito  place,  which 
would  be  so  much  less  dangerous  to  liberty. 
nnd  so  much  safer  and  better  for  the  people. 
In  these  alternatives,  the  friends  of  Jackson, 
who  are  in  favor  of  national  banks,  may  iind 
the  accomplishment  of  their  wishes  without  a 
sacrifice  of  their  principles,  and  without  com- 
mitting the  suicidal  solecism  of  fighting  agaiuit 
hiiA  while  professing  to  be  for  him. 

"  Mr.  B.  addressed  himself  to  the  West— the 
great,  the  generous,  the  brave,  the  patriotic,  the 
devoted  West.  It  was  the  selected  field  of  bat- 
tle. There  the  combined  forces,  the  national 
republicans,  and  the  national  republican  bank, 
were  to  work  together,  and  to  fight  together. 
The  holy  allies  understand  each  other.  They 
arc  able  to  speak  in  each  other's  names,  and  to 


ANNO  1832.    ANDREW  JACK80X,  PRISIDKNT. 


263 


>4omise  and  thrcntcn  in  each  other's  behalf. 
(or  thU  camfNLign  the  bnnk  created  its  debt  of 
thirty  millions  in  the  West ;  in  thiH  cani|>aipi 
the  associate  leaders  uw  tliat  debt  for  tticir  own 
piirpoBcs.     Vote  for  JackKon !  and  suits,  judg- 
oientH,  and  executions  sball  sweep,  Ukc  tlic  besom 
of  destruction,  throtiphout  the  vast  n-pion  of  the 
H'est !    Vote  against  him !  and  indefinite  indul- 
fcnce  i.s  basclr  promised !    The  debt  itself,  it  is 
pretended,  will,  perhaps,  be  forgiven ;  or,  at  all 
cients,  hardly  ever  collected!    Thus,  an  open 
bribe  of  thirty  millions  is  virtually  olfered  to 
ihe  West ;  and,  lest  the  seductions  of  the  bribe 
iQir  not  be  sufiBcient  on  one  hand,  the  terrors 
(if  destruction  are  brandished  on  the  other! 
Wretched,  infatuated  men,  cried  Mr.  B.  Do  they 
think  the  West  is  to  be  bought  ?  Little  do  they 
know  of  the  generous  sons  of  that  magnificent 
region !  poor,  indeed,  in  point  of  money,  but  rich 
in  all  the  treasures  of  the  heart !  rich  in  all  the 
qualities  of  freemen  and  republicans !  rich  in  all 
the  noble  feelings  which  look  with  equal  scorn 
upon  a  bribe  or  a  threat.    The  hunter  of  the 
West,  with  moccasins  on  his  feet,  and  a  hunting 
fhirt  drawn  around  him,  would  repel  with  in- 
dignation the  highest  bribe  that  the  bank  could 
offer  him.    The  wretch  (said  Mr.  Benton,  with 
J  significant  gesture)  who  dared  to  ofler  it,  would 
expiate  the  insult  with  his  blood. 
"Mr.  B.  rapidly  summed  up  with  a  view  of 
the  dangerous  power  of  the  bank,  and  the  pre- 
sent audacity  of  her  conduct.    She  wielded  a 
Jebt  of  seventy  millions  of  dollars,  with  an  or- 
janization  which  extended  to  every  part  of  the 
Inion,  and  she  was  sole  mistress  of  the  moneyed 
jMner  of  the  republic.    She  had  thrown  herself 
into  the  political  arena,  to  control  and  govern 
ihe  presidential  election.    If  she  succeeded  in 
that  election,  she  would  wish  to  consolidate  her 
power  by  getting  control  of  all  other  elections, 
liovemors  of  States,  judges  of  the  courts,  rep- 
resentatives and  senators  in  Congress,  all  must 
belong  to  her.    The  Senate  especially  must  be- 
long to  her ;  for,  there  lay  the  power  to  con- 
lirm  nominations  and  to  try  impeachments ;  and, 
to  get  possession  of  the  Senate,  the  legislatures 
of  a  majority  of  the  States  would  have  to  be 
acquired.    The  war  is  now  upon  Jackson,  and 
if  he  is  defeated,  all  the  rest  will  fall  an  easy 
prey.  What  individual  could  stand  in  the  States 
ig&inst  the  power  of  the  bank,  and  that  bank 
flushed  with  a  victory  over  the  conqueror  of  the 
conquerors  of  Bonaparte  ?    The  whole  govern- 
ment would  fall  into  tho  hands  of  this  moneyed 
power.    An  oligarchy  would  bo  immediately  es- 
ublished ;  and  that  oligarchy,  in  a  few  genera- 
tions, would  ripen  into  a  monarchy.  All  govern- 
ments must  have  their  end ;  in  the  lapse  of  time, 
this  republic  must  perish ;  but  that  time,  he  now 
trusted,  was  far  distant ;  and  when  it  comes,  it 
should  come  in  glory,  and  not  in  shame.    Kome 
had  her  Pharsalia,  and  Greece  her  Chaeronea ; 
ind  this  republic,  more  illustrious  in  her  birth 
than  Greece  or  Rome,  was  entitled  to  a  death  as 
I  Kloriou.s  as  theirs.   She  would  not  die  by  poison 


— porish  in  comiptinn — no !  A  field  of  .nmis, 
an<l  of  plorj',  should  bo  her  end.  She  hml  a 
right  to  a  battle — a  great,  Ininiortal  Imtlle — 
where  henies  and  patriots  could  die  wiih  the 
lilteity  which  they  scorned  to  survive,  and  con- 
secrate, with  their  blood,  the  ^wt  which  nmrked 
a  nation's  fall. 

"  After  Mr.  B.  had  concluded  his  n  marks,  Mr 
Clay  rose  and  said : — 

"  The  senator  from  Missouri  expresses  dissatis- 
faction that  the  speeches  of  some  senators  shoiiiil 
till  the  galleries.  He  has  no  ground  for  uneasi- 
ness on  this  score.  For  if  it  1)0  the  fortune  of 
some  senators  to  fill  the  galleries  when  they 
speak,  it  is  the  fortune  of  others  to  empty  them, 
with  whatever  else  they  fill  the  chamber.  Tho 
senator  from  Missouri  has  every  reason  to  1)0 
well  satisfied  with  tlie  ellect  of  his  performance 
to  day ;  for  among  his  auditors  is  a  lady  of  great 
literary  eminence.  [Pointing  to  Mrs.  Royal.] 
The  senator  intimates,  that  in  my  remarks  on 
the  message  of  the  President,  I  watt  deficient  in 
a  proper  degree  of  courtesy  towards  that  officer. 
Whether  my  deportment  here  be  decorous  or 
not,  I  should  not  choose  to  be  decided  upon  by 
the  gentleman  from  Missouri.  I  answered  the 
President's  arguments,  and  gave  my  own  views 
of  the  facts  and  inferences  introduced  by  him 
into  his  message.  The  President  states  that  the 
bank  has  an  injurious  operation  on  the  interests 
of  tho  West,  and  dwells  upon  its  exhausting 
eflects,  its  stripping  the  country  of  its  currency, 
&c.,  and  upon  these  views  and  statements  I  com- 
mented in  a  manner  which  the  occasion  called 
for.  But,  if  I  am  to  be  indoctrinated  in  the 
rules  of  decorum,  I  shall  not  look  to  the  gentle- 
man for  instruction.  I  shall  not  strip  h:ra  of 
his  Indian  blankets  to  go  to  Boon's  Lick  fur 
lessons  in  deportment,  nor  yet  to  the  Court  of 
Versailles,  which  he  eulogizes.  There  arc  some 
peculiar  reasons  why  I  should  not  go  to  that 
senator  for  my  views  of  decorum,  in  regard  to 
my  bearing  towards  the  chief  magistrate,  and 
why  he  is  not  a  fit  instructor.  I  never  had 
any  personal  renccntre  with  the  President  of 
the  UnHo(i  States.  I  never  complained  of  any 
outrru.'es  on  mv  person  committed  by  him.  I 
never  published  any  bulletins  respecting  his  pri- 
vate ijrawls.  The  gentleman  will  understand 
my  allusion.  [Mr.  B.  said :  He  will  understand 
you,  sir,  and  so  will  you  him.]  I  never  com- 
plained, that  while  a  brother  of  mine  was  down 
on  tho  ground,  senseless  or  dead,  he  received 
another  blow.  I  have  never  made  any  declara- 
tion like  these  relative  to  the  individual  who  is 
President.  There  is  also  a  singular  prophecy  as 
to  the  consequences  of  the  election  of  this  indi- 
vidual, which  far  surpasses,  in  evil  foreboding, 
whatever  I  may  have  ever  said  in  regard  to  his 
election.  I  never  made  any  prediction  so  sinis- 
ter, nor  made  any  declaration  so  harsh,  as  that 
which  is  contained  in  the  prediction  to  which  I 
allude.  I  never  declared  my  apprehension  and 
belief,  that  if  ho  were  elected,  we  should  be 
obliged  to  legislate  with  pistols  and  dirks  by 


■W 


2G4 


THIRTY  YKAIW  VIEW, 


our  ci^lc.  At  tli'm  lact  stape  of  tlip  PCBsion  I  do 
not  ri!»c'  to  renew  the  <liwu»Hiiin  of  thiBnueftion. 
1  only  roHi!  to  jrive  the  wniitor  from  Mixpouri 
n  full  np'niittnnce.  aiitl  I  triift  tlii'ic  will  lie  no 
further  oceusion  for  oiK-ninji;  a  new  account  with 
him. 

"Mr.  TJ.  replied.  It  is  true,  fir,  that  I  bad 
nn  atrr.'iy  with  (icneral  Jackfon,  and  tliat  I  did 
coninlaiii  of  his  conduct.  We  foupht,  sir  ;  and 
wo  fought,  I  hojHj,  like  men.  Wlien  the  explo- 
Bion  waH  over,  there  remained  no  ill  will,  on 
cither  nide.  No  vituperation  or  pystcm  of  petty 
perHccution  w  as  kept  up  between  us.  Yes,  sir, 
It  is  true,  iliat  1  had  the  personal  difficulty, 
which  the  senator  from  Kentucky  has  had  the 
delicacy  to  brinj^  k-forc  the  Senate.  But  let  me 
tell  the  senator  from  Kentucky  there  i.s  no  ad- 
'.journed  question  of  veracity'  between  me  and 
General  Jackson.  All  difficulty  between  us 
ended  with  the  conflict ;  and  a  few  months  after 
it,  I  believe  that  either  party  would  cheerfully 
have  relieved  the  other  from  any  peril ;  and  now 
wo  shake  hands  and  are  friendly  when  we  meet. 
I  repeat,  sir,  that  there  is  no  '  adjourned  ques- 
tion of  veracity'  between  me  and  General  Jackson, 
standing  over  for  settlement.  If  there  had  been, 
a  gulf  would  have  separated  us  as  deep  as  hell. 

"Mr.  R.  then  referred  to  the  prediction  alleged 
by  Mr.  Clay,  to  have  been  made  by  him.  I 
have  seen,  he  said,  a  placard,  first  issued  in  Mis- 
souri, and  republished  lately.  It  first  appeared 
in  1825,  and  stated  that  I  had  said,  in  a  public 
address,  that  if  General  Jackson  should  be 
elected,  we  must  be  guarded  with  pistols  and 
dirks  to  defend  ourselves  while  legislating  here. 
This  went  the  rounds  of  the  papers  at  the  time. 
A  gentleman,  well  acquainted  in  the  State  of 
Missouri  (Col.  Lawless),  published  a  handbill 
denying  the  truth  of  the  statement,  and  calling 
Hjwn  any  person  in  the  State  to  name  the  time 
and  place,  when  and  where,  any  such  addre-" 
had  been  heard  from  nie,  or  any  such  deck 
tion  made.  Colonel  Lawless  was  perfectly 
miliar  with  the  campaign,  but  he  could  nevci" 
meet  with  a  single  individual,  man,  woman,  o- 
child,  in  the  State,  w-ho  could  recollect  to  have 
ever  heard  any  such  remarks  from  me.  No  one 
came  forward  to  reply  to  the  cc.l  .  No  one  had 
ever  heard  mc  make  the  declaration  which  was 
charged  upon  me.  The  same  thing  has  lately 
been  printed  here,  and,  in  the  night,  stuck  up  in 
a  placard  upon  the  posts  and  walls  of  this  city. 
While  its  author  remained  concealed,  it  was 
impossible  for  me  to  hold  him  to  account,  nor 
could  I  make  him  responsible,  who,  in  the  dark, 
sticks  it  to  the  posts  and  walls :  but  since  it  is 
in  open  day  introduced  into  this  chamber  I 
nm  enabled  to  meet  it  as  it  deserves  to  be  met. 
I  sec  who  it  is  that  uses  it  here,  and  to  his  face 
[pointing  to  Mr.  Clay]  I  am  enabled  to  pro- 
nounce it,  as  I  flow  do,  an  atrocious  calumny. 

"  Mr.  Clay. — The  assertion  that  there  is  '  an 
adjourned  question  of  veracity'  between  me  and 
Gen.  Jackson,  is,  whether  made  by  man  or  mas- 
ter absolutely  false.    The  President  made  a  cer- 


II.S 


I  tain  charge  against  mo,  and  he  referred  to  wjt. 
'  nesses  to  prove  it.  I  dcnie<l  the  truth  of  the 
i  charge.  He  called  upon  his  witness  to  pmv« 
it.  I  leave  it  to  the  country  to  sny,  whithir 
'  that  witness  sustainwl  the  truth  of  the  I'resj. 
'  dent's  allegation.  That  witness  is  now  on  h\> 
j  passage  to  St.  Petersburg,  with  a  commisglon 
in  his  pocket.  [Mr.  B.  hero  said  aloud,  in  lii., 
place,  the  Mississippi  and  the  fisheries— Mr 
Adams  and  the  fisheries — every  body  tmtler^ 
stanrls  it.]  Mr.  C.  said,  I  do  not  yet  undorstaml 
the  senator.  He  then  remarked  upon  the  'pre- 
diction' whieli  the  senator  from  Missouri  haii 
disclaimed.  Can  he,  said  Mr.  C,  look  to  mc. 
and  say  that  he  never  used  the  langungc  attri- 
buted to  him  in  the  placard  which  he  refers  t« .' 
lie  says.  Col.  Lawless  denies  that  he  used  the 
words  in  the  State  of  Missouri.  Can  you  look 
me  in  the  face,  sir  [addressing  Mr.  B.],  and  say 
that  j'ou  never  used  that  language  out  of  ihi,. 
State  of  Missouri  ? 

"  ilr.  B.  I  look,  sir,  and  repeat  that  it  is  an 
atrocious  calumny ;  and  I  will  pin  it  to  him  who 
repeats  it  here. 

"  Mr.  Cla^.  Then  I  declare  before  the  Scnato 
that  you  said  to  me  the  very  words — 

"  [Mr.  B,  in  his  place,  while  Mr.  Clay  wiis  yet 
speaking,  several  times  loudly  repeated  the 
word  '  folse,  false,  false.'] 

"  Mr.  Clay  said,  I  fling  back  the  charge  of  atro. 
cious  calumny  upon  the  senator  from  Missouri. 

A  call  to  order  wa.s  here  heard  from  several 
senators. 

"The  President,  pro  tem.,  said,  the  senator 
from  Kentucky  is  not  in  order,  and  must  take 
his  scat, 

"Mr.  Clay.  Will  the  Chair  state  the  point 
of  order  ? 

"  The  Chair,  said  Mr.  Tazewell  (the  President 
pro  tem.),  can  enter  in  no  explanations  with  the 
senator. 

"  Mr.  Clay.  I  shall  be  heard.  I  demand  to 
now  what  point  of  order  can  be  taken  against 
me,  which  was  not  equally  applicable  to  the 
senator  from  Missouri. 

"  The  President,  pro  tem.,  stated,  that  he  con- 
sidered the  whole  discussion  as  out  of  order. 
He  would  not  have  permitted  it,  had  he  been  in 
the  chair  at  its  commencement. 

"  Mr.  Poindexter  said,  he  was  in  the  chair  at 
the  commencement  of  the  discussion,  and  did 
not  then  see  fit  to  check  it  But  he  was  now 
of  the  opinion  that  it  was  in  not  in  order. 

"  Mr.  B.  I  apologize  to  the  Senate  for  the 
manner  in  which  I  have  spoken ;  but  not  to  the 
seqator  from  Kentucky. 

"  Mr.  Clay.  To  the  Senate  I  also  offer  an 
apology,    lo  the  senator  from  Missouri  none. 

"  The  question  was  here  called  for,  by  BeveTal 
senators,  and  it  was  taken,  as  heretofore  re- 
ported. 

The  conclusion  of  the  debate  on  the  side  of 
the  bank  was  in  the  most  impressive  form  to  the 
fears  and  apprehensions  of  the  country,  and 


•rm 


ANNO  183i     ANDREW  JACKSON,  PRESIDENT. 


265 


in  the  chair  at 
ssion,  and  did 


irell  calculated  to  alami  and  rouse  a  comiuunitj. 
Hfr.  Webster  concludc<l  with  this  peroration, 
prosentinp  a  direful  picture  of  distress  if  the  veto 
iras  KU8tAiiie<1,  and  portraye<i  the  death  of  tlie 
coc.ititution  before  it  had  attained  the  tiftieth 
vwr  of  its  age.  He  concluded  thus — little  fore- 
Kttin;;  in  how  few  jcars  ho  was  to  invoke  the 
chirity  of  the  world's  silence  and  oblivion  for 
[hi  institution  which  his  rhetoric  then  exalted 
iuto  a  great  and  beneficent  power,  indispensable 
totlie  well  working  of  the  government,  and  the 
nil  conducting  of  their  affairs  by  all  the  people: 

••Mr.  President,  we  have  arrived  at  a  new 
cpocli.  Wo  arc  entering  on  experiments  with 
Ihi'  government  and  the  constitution  of  the 
fountry,  hitherto  untried,  and  of  fearful  and 
sjipalling  a«pcct.  This  message  calls  us  to  the 
contemplation  of  a  future,  which  little  resem- 
bles the  past.  Its  principles  are  at  war  with  all 
t'lat  public  opinion  has  sustained,  and  all  which 
ihe  experience  of  the  government  has  sanctioned. 
It  denies  tirst  principles.  It  contradicts  truths 
heretofore  received  as  indisputable.  It  denies 
to  the  judiciary  the  interpretation  of  law,  and 
demands  to  divide  with  Congress  the  origination 
of  statutes.  It  extends  the  grasp  of  Executive 
pretension  over  every  power  of  the  government. 
But  this  is  not  all.  It  presents  the  Chief  Mag- 
istrate of  the  Union  in  the  attitude  of  arguing 
imay  the  powers  of  that  government  over  which 
he  has  been  chosen  to  preside ;  and  adopting, 
f)r  this  purpose^  modes  of  reasoning  which, 
even  under  the  influence  of  all  proper  feeling 
towards  high  i..fficial  station,  it  is  difficult  to 
Kgard  as  respectable.  It  appeals  to  every  pre- 
judice which  may  betray  men  into  a  mistaken 
TJew  of  their  own  interests ;  and  to  every  pas- 
sion which  may  lead  them  to  disobey  the  im- 
pulses of  their  understanding.  It  urges  all  the 
specious  topics  of  State  i-ights,  and  national  en- 
croachment, against  that  which  a  great  majority 
of  the  States  have  afiirme'd  to  be  rightful,  and 
in  which  all  of  them  have  acquiesced.  It  sows, 
in  an  unsparing  manner,  the  seeds  of  jealousy 
and  ill-will  against  that  government  of  which 
its  author  is  the  official  head.  It  raises  a  cry 
that  liberty  is  in  danger,  at  the  very  moment 
when  it  puts  forth  claims  to  power  heretofore 
unknown  and  unheard  of.  It  affects  alarm  for 
the  public  freedom,  when  nothing  bo  much  en- 
dangers that  freedom  as  its  own  unparalleled 
pretences.  This,  even,  is  nt  t  all.  It  manifest- 
ly seeks  to  influence  the  pooi"  against  the  rich. 
It  wantonly  attacks  whole  classes  of  the  people, 
for  the  purpose  of  turning  against  them  the  pre- 
judices and  resentments  of  oth  3r  classes.  It  is 
a  state  paper  which  finds  no  ^;opic  too  exciting 
for  its  use ;  no  passion  too  inflammable  for  its 
address  and  its  solicitation.  Such  is  this  mes- 
nge.'  It  remains,  now,  for  the  people  of  the 
I'oited  States  to  choose  between  the  prindples 


here  avowed  and  their  p>>veriinuiit.  Thent» 
cannot  siibnist  tojiether.  The  one  nr  the  oiher 
niUht  Ihj  rejected.  If  the  ceiitinKnts  of  the 
mcssape  ohail  reci-ive  pt-neml  aii|iriibnti(>n,  tl)e 
constitution  will  have  i»eri.«he(l  even  earlit-r  than 
the  moment  which  its  enemies  originally  allowed 
for  the  termination  of  its  existence.  It  will  nut 
have  survived  to  iLs  fiftieth  year." 

On  the  other  hand,  Mr.  White,  of  Tennessee, 
exalted  the  merit  of  the  veto  messapre  above  all 
the  acts  of  General  Jackson's  life,  and  claimed 
for  it  a  more  enduring  fame,  and  deejK'r  grati- 
tude than  for  the  greatest  of  his  victories :  and 
concluded  his  speech  thus : 

"  When  the  excitement  of  the  time  in  which 
wo  act  shall  have  passed  awny,  and  the  histori- 
an and  biographer  shall  be  empl<>3'ed  in  giving 
his  account  of  the  acts  of  our  most  distinguished 
public  men,  and  comes  to  the  name  of  Andrew 
Jackson ;  when  he  shall  have  recounted  all  the 
great  and  good  deeds  done  by  this  man  in  the 
course  of  a  long  and  eventful  life,  and  the  cir- 
cumstances under  which  this  message  was  com- 
municated shall  have  been  stated,  the  conclubion 
will  be,  that,  in  doing  this,  he  has  shown  a 
willingness  to  risk  more  to  promote  the  happi- 
ness of  his  fellow-men,  and  to  secure  their  lib- 
erties, than  by  the  doing  of  any  otlier  act  what- 
ever." 

And  such,  in  my  opinion,  will  be  the  judg- 
ment of  posterity — the  judgment  of  posterity, 
if  furnished  with  the  material  to  appreciate  the 
circumstances  under  which  he  acted  when  sign- 
ing the  message  which  was  to  decide  the  ques- 
tion of  supremacy  between  the  bank  and  the 
government. 


CHAPTER    LXIX. 

THE  PEOTECTIVE  SYSTEM. 

The  cycle  had  come  round  which,  periodically, 
and  once  in  four  years,  brings  up  a  piesidcntiul 
election  and  a  tariff  discussion.  The  two  events 
seemed  to  be  inseparable ;  and  this  being  the 
fourth  year  from  the  great  tariff  debate  of  1828, 
and  the  fourth  year  from  the  last  presidential 
election,  and  being  the  long  session  which  pre- 
cedes the  election,  it  was  the  one  in  regular 
course  in  which  the  candidates  and  their  friends 
make  the  greatest  efforts  to  operate  upon  public 
opinion  through  the  measures  which  they  pro- 
pose, or  oppose  in  Congress.    Added  to  this,  th« 


2GG 


THIRTY  YKAIW  VIKW. 


election  U'inp  one  on  n-lii<  h  not  only  a  change 
of  political  iMirtifs  depcnilcd,  but  also  a  Bccond 
trial  of  the  flection  in  the  House  of  Representa- 
tives in  lK24-'2<'>,  in  which  Mr.  Adams  and  Mr. 
Clay  triumphed  over  General  JackHon,  with  the 
advantage  on  their  side  now  of  both  l)eing  in  Con- 
Rrccs :  for  these  reasons  tliis  session  became  the 
most  prolillc  of  party  topics,  and  of  party  con- 
tests, of  any  one  ever  seen  in  the  annals  of  our 
Congress.  And  certainly  there  wcro  largo  sub- 
jects to  be  brought  before  the  people,  and  great 
talents  to  appear  in  their  support  and  defence. 
The  renewal  of  the  national  bank  charter — the 
continuance  of  the  protective  system — internal 
improvement  by  the  federal  government — divi- 
sion of  the  public  land  mono}',  or  of  tho  lands 
themselves — colonization  society — extension  of 
pension  list — Georgia  and  the  Cherokecs — Geor- 
gia and  the  Supreme  Court — imprisoned  mis- 
sionaries— were  all  brought  forward,  and  pressed 
with  zeal,  by  the  party  out  of  power ;  and  pressed 
in  a  way  to  show  their  connection  with  the 
presidential  canvass,  and  the  reliance  upon  them 
to  govern  its  result.  The  party  in  power  were 
chiefly  on  the  defensive ;  and  it  was  tho  com- 
plete civil  representation  of  a  military  attack 
and  defence  of  a  fortified  place — a  siege — with 
its  open  and  covert  attacks  on  one  side,  its  re- 
pulses and  sallies  on  the  other — its  sappings 
and  minings,  as  well  us  its  open  thundering 
assaults.  And  this  continued  for  seven  long 
months — from  Dacember  to  July;  fierce  in  the 
beginning,  and  becoming  more  so  from  diy  to 
day  until  the  last  hour  of  the  last  day  of  tho  ex- 
hausted session.  It  was  tho  most  fiery  and 
eventful  session  that  I  had  then  seen — or  since 
seen,  excepc  one — the  panic  session  of  1834-'35. 
The  two  leading  measures  in  this  plan  of  opera- 
tions— the  bank  and  the  tariff— were  brought 
forward  simultaneously  and  quickly — on  the 
same  day,  and  under  the  same  lead.  Tho  me- 
morial for  the  renewal  of  the  bank  charter  was 
presented  in  the  Senate  on  the  9th  day  of  January : 
on  the  same  day,  and  as  soon  as  it  was  referred, 
Mr,  Clay  submitted  a  resolution  in  relation  to 
the  tariff,  and  delivered  a  speech  of  three  days' 
duration  in  support  of  the  American  system. 
The  President,  in  his  message,  and  in  view  of 
the  approaching  extinction  of  the  public  debt — 
then  reduced  to  an  event  of  certainty  within  the 
ensuing  year — recommended  tho  abolition  of 
duties  on  numerous  articles  of  ncccessity  or 


Cf)mfort,  not  piXMluced  at  home.  Mr.  Clav  riro 
I>o8c<l  to  make  the  reduction  in  subordination  ti 
the  preservation  of  the  "American  Nystim*' 
and  this  opened  the  whole  question  of  fn-o  trmlo 
and  protection ;  and  occasioned  (hat  fltjd  td  ]„ 
trod  over  again  with  all  the  vigor  of  a  frtsh  ex. 
ploration.  Mr.  Clay  opened  liis  great  speech  witli 
a  retrospect  of  what  the  condition  of  the  country 
was  for  seven  years  before  the  tarriffof  182} 
and  what  it  had  been  since —  the  first  a  period  of  I 
unprecedented  calamity,  the  latter  of  equally 
unprecedented  prosperity: — and  ho  made  the 
two  conditions  equally  dependent  upon  the  al> 
sence  and  presence  of  the  protective  system. 
He  said : 

"  Eight  years  ago,  it  was  my  painful  duty  to 
present  to  tho  other  House  of  Congress  an  un- 
cxaggerated  picture  of  the  general  distress  pe> 
Toding  tho  whole  land.  We  must  all  yet  re- 
member some  of  its  frightful  features.  We  all 
know  that  the  people  were  then  oppressed  and 
borne  down  by  an  enormous  load  of  debt ;  tliut 
the  value  of  property  was  at  the  lowest  point  of 
depression;  that  ruinous  sales  and  sacrifices 
were  every  where  made  of  real  estate ;  that  stop 
laws  and  relief  laws  and  paper  money  were 
adopted  to  save  the  people  from  impending  de- 
struction ;  that  a  deficit  in  the  public  revenue 
existed,  which  compelled  government  to  seize 
upon,  and  divert  from  its  legitimate  object,  the 
appropriation  to  the  sinking  fund,  to  redeem  the 
national  debt;  and  that  our  commerce  and 
navigation  were  threatened  with  a  complete 
paralysis.  In  short,  sir,  if  I  were  to  select  any 
term  of  seven  years  since  the  adoption  of  the 
present  constitution,  which  exhibited  a  scene  of 
the  most  wide-spread  dismay  and  desolation,  it 
would  be  exactly  the  term  of  seven  years  which 
immediately  preceded  the  establishment  of  the 
tariff  of  1824." 

This  was  a  faithful  picture  of  that  calamitous 
period,  but  the  argument  derived  from  it  was  a 
two-edged  sword,  which  cut,  and  deeply,  into 
another  measure,  also  lauded  as  the  cause  of  the 
public  prosperity.  These  seven  years  of  nation- 
al distress  which  immediately  preceded  thi^  tarif) 
of  1824,  were  also  the  same  seven  years  which 
immediately  followed  the  establishment  of  the 
national  bank ;  and  which,  at  the  time  it  was 
chartered,  was  to  be  tho  remedy  for  all  the  dis- 
tress under  which  the  country  labored:  besides, 
the  protective  system  was  actually  commenced 
in  the  year  181G— contemporaneously  with  the 
establishment  of  the  national  bank.  Before  1 81G, 
protection  to  home  industry  had  been  an  inci- 
dent to  the  levy  of  revenue ;  but  in  1816  it  be- 


ANNO  1831     ANDKEW  JACKSOX.  rRl><IDKNT. 


2G1 


nnie  an  ohjort.     Mr.  Clay  thus  dcducotl   Ute 
..-•\a  and  progress  of  the  protective  jiolicy : 

•It  hepin  on  the  ever  memorable  4th  day  of 
I„lv__tho  4th  of  July,  I'H'J.  The  cecoiid  net 
rhk'h  Ktandst  recorded  in  the  8tatute  book,  bear- 

I IX'  the  ilhistrioiis  Hipnaturc  of  George  Wa^hing- 
tm.  laid  the  comer  stone  of  the  whole  nystem. 
Th.it  there  mif^ht  be  no  mistake  about  the  mat- 
i,f,  it  was  then  solenily  proclaimed  to  the  Ame- 
rican people  and  to  the  world,  that  it  was  necea- 
tiinj  wT  '*  the  encourajjcmcnt  and  protection  of 
naniifacturcs,"  that  duties  should  ue  laid.     It  is 

I  in  vain  to  urge  the  small  amount  of  the  measure 
fi  protection  then  extendo«L    The  preat  princi- 

Iplenas  then  established  by  the  fathers  of  the 
constitution,  with  the  father  of  his  country  at 
their  head.  And  it  cannot  now  be  questioned, 
that,  if  the  government  had  not  then  been  new 
inii  the  subject  untried,  a  greater  measure  of  pro- 
kftion  would  have  been  applied,  if  it  had  been 
■upposed  necessary.  Shortly  after,  the  master 
minds  of  Jellerson  and  Hamilton  were  brought 
to  act  on  this  interesting  subject.  Taking  views 
of  it  appertaining  to  the  departments  of  foreig*.! 
iffairs  and  of  the  treasury,  which  they  respect- 
iiely  filled,  they  presented,  severally,  reports 
irhicli  yet  remain  monuments  of  their  profound 
Tisdom,  and  came  to  the  same  conclusion  of  pro- 
tection to  American  industry.  Mr.  Jefferson 
irgued  that  foreign  restrictions,  foreign  prohibi- 
tions, and  foreign  high  duties,  ought  to  be  met, 
St  home,  by  American  restrictions,  American 
[irohibitions,  and  American  high  duties.  Mr. 
Hamilton,  surveying  the  entire  ground,  and  look- 
ing at  the  inherent  nature  of  the  subject,  treated 
it  '.Tith  an  ability  which,  if  ever  equalled,  has  not 
ken  surpassed,  and  earnestly  recommended  pro- 

I  lection. 
"The  wars  of  the  French  revolution  commen- 

I  ced  about  this  period,  and  streams  of  gold  poured 
into  the  United  States  through  a  thousand  chan- 
nels, opened  or  enlarged  by  the  successful  com- 
loerce  which  our  neutrality  enabled  us  to  prose- 
cute. We  forgot,  or  overlooked,  in  the  general 
prosperity,  the  necessity  of  encouraging  our  do- 
mestic manufactures.  Then  came  the  edicts  of 
Napoleon,  and  the  British  orders  in  council;  and 
our  cmbnrgo,  non-intercourse,  non-importation, 
vA  war  followed  in  rapid  succession.  These 
national  measures,  amounting  to  a  total  suspen- 
sion, for  the  period  of  their  duration,  of  uur 
faitiign  commerce,  aiibrded  the  most  efficacious 
encouragement  to  American  manufactures ;  and, 
Mcordingly,  they  every  where  sprung  up.  Whilst 
these  measures  of  restriction  and  this  state  of  war 
rontinued  the  manufacturers  were  stimulated  in 
their  enterprises  by  every  assurance  of  support, 
by  public  sentiment,  and  by  legislative  resolves. 
It  was  about  that  period  (1808)  that  South 
Carolina  bore  her  high  testimony  to  the  wisdom 
of  the  policy,  in  an  act  of  her  legislature,  the 
preamble  of  which,  now  before  me,  reads : 
\Vhercas  the  establishment  and  encouragement 
of  domestic  manufactures  is  conducive  to  the  in- 


terevt  of  a  State,  by  adding  now  iiiroiitirfH  fn 
induttry,  an<i  aA  Ijcmg  the  nioatw  ot'  (liiiMMinir, 
to  advaiitago,  the  .suriilu.H  pnMiiiction.i  of  thi< 
a/p'icutturiiit :  And  wlifn'o*.  in  the  prisml 
unexampknl  state  of  the  world,  tlu-ir  establish- 
ment  in  our  coimtry  i»»  not  only  f.rpfdwnt,  Init 
politic,  in  rendering  us  indfpriuhnt  of  foreign 
nations.'  The  legislature,  not  U-ing  com|ictent 
to  aflbrd  the  mcjst  efficacious  aid,  by  iinjioriin;.; 
duties  on  foreign  rival  articles,  proceeded  to  iu- 
cor]iorate  a  company. 

"Peace,  under  thio  Treaty  of  Ghent.  retumiHl 
in  1815,  but  there  did  not  return  witti  it  the 
golden  days  which  preceded  tlio  e«lict8  levelled 
at  our  commerce  by  Great  Britain  and  France. 
It  found  all  £urope  tranquilly  resuming  the  arts 
and  the  business  of  civil  life.  It  found  £iiru]K) 
no  longer  the  consumer  of  our  surplus,  and  the 
employer  of  our  navigation,  but  excluding,  or 
heavily  burdening,  almost  all  the  productions 
of  our  agriculture,  and  our  rivals  in  manufac- 
tures, in  navigation,  and  in  commerce.  It  found 
our  country,  in  short,  in  a  situation  totally  dif- 
ferent from  all  the  piast — new  and  untried.  It 
became  necessary  to  adapt  our  laws,  and  espe- 
cially our  laws  of  impost,  to  the  new  circum- 
stances in  which  we  found  ourselves.  It  has 
been  said  that  the  tari£f  of  181G  was  a  mea.sure 
of  mere  revenue ;  and  that  it  only  reduced  the 
war  duties  to  a  peace  standard.  It  is  true  that 
the  question  then  was,  how  much,  and  in  what 
way,  should  the  double  duties  of  the  war  be  re- 
duced? Now,  also,  the  question  is,  on  what 
articles  shall  the  duties  be  reduced  so  a.s  to  sub- 
ject the  amount  of  the  future  revenue  to  the 
wants  of  the  government  ?  Then  it  was  deem- 
ed an  inquiry  of  the  first  importance,  as  it 
should  be  now,  how  the  reduction  should  be 
made,  so  as  to  secure  proper  encouragement  to 
our  domestic  industry.  That  this  was  a  lead- 
ing object  in  the  arrangement  of  the  tariff  of 
181C,  I  well  remember,  and  it  is  demonstrated 
by  the  language  of  Mr.  Dallas. 

"The  subject  of  the  American  system  wa.s 
again  brought  up  in  1820,  by  the  bill  reported 
by  the  chairman  of  the  Committee  on  Manufac- 
tures, now  a  member  of  the  bench  of  the  Su- 
preme Court  of  the  United  States,  and  the  prin- 
ciple was  successfully  maintained  by  the  repre- 
sentatives of  the  people  ,  but  the  bill  which 
they  passed  was  defeated  in  the  Senate.  It 
was  revived  in  1824,  the  whole  ground  carefully 
and  deUberately  explored,  and  the  bill  then  in- 
troduced, receiving  all  the  sanctions  of  the  con- 
stitution. This  act  of  1824  needed  amendments 
in  some  particulars,  which  were  attempted  in 
1828,  but  ended  in  some  injuriei  to  the  system ; 
and  now  the  whole  aim  was  to  save  an  existing 
system — not  to  create  a  new  one." 

And  he  summed  up  his  policy  thus : 

"  1.  That  the  policy  which  we  have  Ijeen  con- 
sidering ought  to  continue  to  be  regarded  aa 
the  genuine  American  system. 

"  2.  That  the  free  trade  system,  which  is  pro* 


',r'- 


i  ^ 


".,^ 


'f  ^- 


268 


THIRTY  YEARS'  VIEW 


in 


poHcd  a*  itf*  Kiihutitiite,  oiifrht  really  to  be  con- 
eidercfl  an  the  liritixh  colonial  ^yBtcm. 

".'1.  That  the  American  Byntcni  in  l)cncflcial 
to  all  partH  of  tho  Union,  and  abaolutcly  neccs- 
earv  to  much  the  lai^r  portion. 

"4.  That  tho  price  of  the  p^reat  Htaplo  of  cot- 
ton, and  of  all  our  chief  prcxliictionfl  of  agricul- 
ture, has  been  aufltained  and  upheld,  and  a  de- 
cline averted  by  the  protective  Bystcm. 

"3.  That,  if  tho  foreign  demand  for  cotton 
hna  been  at  all  diminiHhed  by  the  operation  of 
that  nystcm,  tho  dimintition  has  been  more  than 
compensated  in  the  additional  demand  created 
at  home. 

••  <).  1'hat  the  constant  tendency  of  tho  syg- 
tem,  by  creating  competition  among  ourselves, 
and  between  American  and  European  industry, 
rec.procally  acting  upon  each  other,  is  to  reduce 
prices  of  manufucturod  objects. 

"  7.  That,  in  point  of  fact,  objects  within  the 
scope  of  the  policy  of  protection  have  greatly 
fallen  in  price. 

"  8.  That  if,  in  a  season  of  peace,  these  bene- 
fits are  experienced,  in  a  season  of  war,  when 
the  foreign  supply  might  be  cut  off,  they  would 
be  much  more  extensively  felt. 

"  y.  And,  finally,  that  the  substitution  of  the 
British  colonial  system  for  the  American  sys- 
tem, without  benefiting  any  section  of  the 
Union,  by  subjecting  us  to  a  foreign  legislation, 
regulated  by  foreign  interests,  would  lead  to 
the  prostration  of  our  manufactures,  general  im- 
poverishment, and  ultimate  ruin." 

Mr.  Clay  was  supported  in  his  general  views 
by  many  able  speakers — among  them,  Dicker- 
sou  and  Frelinghuysen  of  New  Jersey ;  Ewing 
of  Ohio;  Holmes  of  Maine  s  Bell  of  New  Hamp- 
shire ;  Hendricks  of  Indiana ;  Webster  and  Sils- 
bee  of  Massachusetts ;  Bobbins  and  Knight  of 
Rhode  Island ;  Wilkins  and  Dallas  of  Pennsyl- 
vania ;  Spraguc  of  Maine ;  Clayton  of  Delaware; 
Chambers  of  Maryland ;  Foot  of  Connecticut. 
On  tho  other  hand  the  speakers  in  opposition 
to  the  protective  policy  were  equally  numerous, 
ardent  and  able-  They  were:  Messrs.  Hayne 
and  Miller  of  South  Carolina ;  Brown  and  Man- 
gum  of  North  Carolina ;  Forsyth  and  Troup  of 
Georgia ;  Grundy  and  White  of  Tennessee ; 
Hill  of  New  Hampshire  ;  Kane  of  Illinois  ; 
Benton  of  Missouri ;  King  and  Moore  of  Ala- 
bama ;  Poindexter  of  Mississippi ;  Tazewell 
and  Tyler  of  Virginia ;  General  Samuel  Smith 
of  JIaryland.  I  limit  the  enumeration  to  the 
Senate.  In  the  House  the  subject  was  still 
more  fully  debated,  according  to  its  numbers ; 
and  like  the  bank  question,  gave  rise  to  heat ; 
and  was  kept  alive  to  the  last  day. 

General  Smith  of  Maryland,  took  up  the 


question  at  once  as  bearing  upon  the  harnidnv 
and  stability  of  the    Union — as  unfit  to  u. 
pressed  on  that  account  as  well  as  for  its  ow,,  i 
demerits — avowed  himself  a  Triend  to  incidtntui 
protection,  for  which  he  had  always  votwl  and 
oven  vote<l  for  the  act  of  ISlfi — which  ho  coti. 
sidered  going  far  enough ;  and  insisted  that  all  | 
"manufacturers"  were  doing  well  under  it.  ami 
did  not  need  the  acts  of  1824  and  1828,  which 
were  made  for  "capitalists" — to  enable  thim  v,  I 
engage  In  manufacturing ;  and  who  had  not  tl;c 
requisite  skill  and  care,  and  sufTorcd,  and  called 
upon  Congn  -s  for  more  assistance.    Ho  gaid : 

"  We  have  arrived  at  a  crisis.    Yes,  Mr.  Prcf  i. 
dent,  at  a  crisis  more  appalling  than  a  day  of 
battle.    1  adjure  tho  Committee  on  Jiariufac- 
*ure8  to  pause — to  reflect  on  the  dissatisfaction 
of  all  the  South.    South  Carolina  has  expressed 
itself  strongly   against  the    tariff  of   1828— 
stronger  than  tho  other  States  are  wiliinp  t„ 
speak.    But,  sir,  tho  whole  of  the  South  fal 
deeply  the  oppression  of  that  tarifl".    In  this 
respect  there  is  no  difference  of  opinion.    The  f 
South — the  whole  Southern  States— all,  con- 
sider it  as  oppressive.      They   have  not  yn 
spoken;  but  w-hen  they  do 'speak,  it  will  M 
with  a  voice  that  will  not  implore,  but  will  de- 
mand redress.    How  much  better,  then,  to  grant 
redress  1    How  much  better  that  the  Commit- 
tee on  Manufactures  heal  the  wound  which  ha.- 1 
been  inflicted  ?    I  want  nothing  that  shall  in 
jure  tho  manufacturer.    I  only  want  justice. 

"  I  am,  Mr.  President,  one  of  the  few  gurvi- 
vors  of  those  who  fought  in  the  war  of  the  revo- 
lution. We  then  thought  we  fought  for  libertv 
— ^for  equal  rights.  We  fought  against  taxii- 
tion,  the  proceeds  of  which  were  for  the  benefit 
of  others.  Where  is  the  difference,  if  the  peo- 
ple are  to  be  taxed  by  the  manufacturers  or  by 
any  others  ?  I  say  manufacturers — and  why 
do  I  say  so  ?  When  the  Senate  met,  there  was 
a  strong  disposition  with  all  parties  to  amelio- 
rate the  tariff  of  1828 ;  but  I  now  see  a  change, 
which  makes  me  almost  despair  of  any  thini; 
effectual  being  accomplished.  Even  the  Fm.iil 
concessions  made  by  the  senator  from  Ken- 
tucky [Mr.  Clay],  have  been  reprobated  by  the 
lobby  members,  the  agents  of  the  itianufac- 
turers.  I  am  told  they  have  put  their  fiat  on 
any  change  whatever,  and  hence,  as  a  conse- 
quence, the  change  in  the  course  and  language 
of  gentlemen,  which  almost  precludes  all  hope, 
Those  interested  men  hang  on  the  Committee 
on  Manufactures  like  an  incubus.  I  say  to  that 
committee,  depend  upon  your  own  good  judg- 
ments—survey the  whole  subject  as  politicians 
—discard  sectional  interests,  and  study  only 
the  common  weal— act  with  these  views— and 
thus  relieve  the  oppressions  of  the  South. 

"  I  have  ever,  Mr.  President,  supported  the 
interest  of  manufactures,  as  far  as  it  could  k 


ANNO  1832.    ANDUEW  JACKSON.  i'ia>*ll)i:Nr. 


2C9 


ice,  as  a  conse- 


ilone  incidenUllr.  I  aupported  the  Ut«  Mr. 
I/iwikIvd'h  bill  uf  181(j.  I  was  a  meinbvr  of  \m 
r<immittec,  and  that  bill  protvctcU  the  iiianiifac- 
inros  Hufflclontiy,  except  l»ar  mm.  Mr.  I^wndca 
h«i|  reportfxl  lifWn  dollars  per  ton.  The  lloufc 
reluotid  it  to  nine  doilara  per  ton.     That  act 

I  ewbli'd  the  manuracturerH  to  exclude  importa- 
tiiiiiH  of  certain  articluH.     The  hatters  carry  on 

I  their  business  bv  their  sons  and  apprenticec, 
imi  tevf,  if  any,  hats  arc  now  imported.  I^arge 
({Utntities  are  exported,  and  preferred.  All  ar- 
liclcg  of  leather,  from  tunned  side  to  the  iiiiest 
hirncjis  or  saddle,  have  been  excluded  from  im- 
portation ;  and  wny  7  Because  the  busincKS  is 
cnnducted  by  their  own  hard  hands,  their  own 
libor,  and  they  arc  now  heavily  taxed  by  the 
tiritfof  1828,  to  enable  the  rich  to  enter  into 
the  maniifactures  of  the  country.  Yes,  sir,  I 
iir  the  rich,  who  entered  into  the  business  after 
the  act  of  1824,  which  prored  to  be  a  mushroom 
ifiitir,  and  many  of  them  sutfered  severely.  The 
ict  of  1816,  1  repeat,  gave  all  the  protection 
lh«t  was  necessary  or  proper,  under  which  the 
industrious  and  frugal  completely  succeeded. 
But,  sir,  the  capitalist  who  had  invested  his 
capital  in  manufactures,  was  not  to  be  satisfied 
with  ordinary  profit ;  and  therefore  the  act  of 
1^28." 

Mr.  Clay,  in  his  opening  speech  had  adverted 
tn  the  Southern  discontent  at  the  working  of  the 
protective  tariff,  in  a  way  that  showe  J  he  felt  it 
to  be  serious,  and  entitled  to  enter  into  the  con- 
.<i(ivration  of  statesmen  ;  but  considered  this 
-ystem  an  overruUng  necessity  of  such  want 
and  value  to  other  parts  of  the  Union,  that  the 
danger  to  its  existence  laid  in  the  abandonment, 
and  not  in  the  continuance  of  the  "American 
system."  On  this  point  he  expressed  himself 
thas:  - 

"And  now,  Mr.  President,  I  have  to  make  a 
few  observations  on  a  delicate  subject,  which  I 
approach  with  all  the  respect  that  is  due  to  its 
serious  and  grave  nature.  They  have  not,  in- 
deed, been  rendered  necessary  by  the  speech  of 
the  gentleman  from  South  Carolina,  whose  for- 
bearan  .o  notice  the  topic  was  commendable, 
as  his  argument  throughout  was  characterized 
by  an  ability  and  dignity  worthy  of  him  and  of 
the  Senate.  The  gentleman  made  one  declara- 
tion which  might  possibly  be  misinterpreted, 
and  I  submit  to  him  whether  an  explanation  of 
it  be  not  proper.  The  declaration,  as  reported 
in  his  printed  speech,  is :  '  the  instinct  of  self- 
interest  might  have  taught  us  an  easier  way  of 
relieving  ourselves  from  this  oppression.  It 
wanted  but  the  will  to  have  supplied  ourselves 
with  every  article  embraced  in  the  protective 
system,  free  of  duty,  without  any  other  partici- 
pation, on  our  part,  than  a  simple  consent  to  re- 
1  ceive  them.'  [Here  Mr.  Hayne  rote,  and  re- 
mark^H  that  the  passages,  which  iounediately 


preceded  ami  followed  the  paragraph  citcxi,  ho 
thought,  plainly  iiidicatetl  his  nunnintr,  wliieli 
related  to  eviisions  of  the  Hystoni,  by  illicit  in- 
troduction of  goods,  which  they  were  ni>t  di.H- 
[Kised  to  countenance  in  South  Carolina.]  I  am 
lappy  to  hear  this  explanation,  Hut,  HJr,  it  is 
ini|*ottHible  to  conceal  from  our  view  the  fact  that 
there  is  great  excitement  in  South  Carolina ;  thut 
the  protective  system  is  o|)enly  and  violently  do- 
nounce<l  in  |)opular  meetings ;  and  that  the  legis- 
lature itself  has  declared  its  pur|x>se  of  rettorting 
to  counteracting  measures:  asiiM|R-n>iionof  which 
has  only  been  submitted  to,  for  the  pur|iose  of 
allowing  Congress  time  to  retrace  its  steps. 
With  respect  to  this  Union,  Mr.  President,  the 
truth  cannot  be  too  generally  proclaimed,  nor 
too  strongly  inculcate<l,  that  it  is  necessary  to 
the  whole  and  to  all  the  parts — necessary  to 
those  parts,  indeed,  in  dilferent  degrees,  but  vi- 
tally necessary  to  each ;  and  that,  threats  to 
disturb  or  dissolve  it,  coming  from  any  of  the 
parts,  would  be  quite  as  indiscreet  and  improfK-r, 
as  would  be  threats  from  the  residue  to  exclude 
those  parts  from  the  pale  of  its  benetits.  The 
great  principle,  which  lies  at  the  foundation  of 
all  free  governments,  is,  that  the  majority  must 
govern ;  from  which  there  is  nor  can  hu  no  ap- 
peal but  to  the  sword.  That  nmjority  ought  to 
govern  wisely,  equitably,  moderately,  and  con- 
stitutionally ;  but,  govern  it  must,  subject  only 
to  that  terrible  appeal.  If  ever  one,  or  several 
States,  being  a  minority,  can,  by  menacing  a  dis- 
solution of  the  Union,  succeed  in  forcing  an 
abandonment  of  great  measures,  deeme<l  essen- 
tial to  the  interests  and  prosperity  of  the  whole, 
the  Union,  from  that  moment,  is  practically  gone. 
It  may  linger  on,  in  form  and  namc^  but  its  vital 
spirit  has  fled  for  ever !  Entertainmg  these  de- 
liberate opinions,  I  would  entreat  the  patriotio 
people  of  South  Carolina — the  land  of  Marion, 
Sumptcr,  and  Pickens;  of  Rutledge,  Ijiurens, 
the  Pickneys,  and  Lowndes ;  of  living  and  pre- 
sent namr.',,  which  I  would  mention  if  they  were 
not  living  •;  \)re8ent — to  pause,  solemnly  pause ! 
and  contem|i;ate  the  frightful  precipice  which  lies 
directly  before  them.  To  retreat,  may  be  pain- 
ful and  mortifying  to  their  gallantry  and  pride ; 
but  it  is  to  retreat  to  the  Union,  to  safety,  and 
to  those  brethren,  with  whom,  or,  with  whose 
ancestors,  they,  or  their  ancestors,  liave  won,  on 
the  fields  of  glory,  imperishable  renown.  To  ad- 
vance, is  to  rush  on  certain  and  inevitable  dis- 
grace and  destruction. 

"  The  danger  to  our  Union  does  not  lie  on  the 
skle  of  persistance  in  the  American  system,  but 
on  that  of  \ta  abandonment.  If,  as  I  have  sup- 
posed and  believe,  the  inhabitants  of  all  north 
and  east  of  James  River,  and  all  west  of  tho 
mountains,  including  Louisiana,  are  deeply  inte- 
rested in  the  preservation  of  that  system,  would 
they  be  reconciled  to  its  overthrow  1  Can  it  bo 
expected  that  two  thirds,  if  not  three  fourths,  of 
the  people  of  the  United  States  would  consent  to 
the  destruction  of  a  policy  believed  to  Ije  indis- 
pensably necessary  to  their  prosperity  ?    When, 


270 


THIRTY  YEARS'  VIEW. 


too,  tliin  nncrifloo  Ik  mode  at  the  iniitanee  of  a 
»in({lt'  intt'nmt,  which  they  rcrilyJwIievo  will  not 
>K)  |m>motc<l  hy  it  7  In  ostiinatinK  Ihcdi-gno  of 
piTil  which  may  Ims  incident  to  two  opponitc 
rourHOM  of  human  policy,  the  statcpman  would 
Ih)  Bhort-t<i|rhtc'd  wno  Hhould  ccmtcnt  hhnitelf 
with  vivwinit  only  the  evils,  real  or  imaginary, 
which  lielon^  to  that  coiinie  which  i»  In  practi- 
cal operation.  Ho  nhould  lift  hlmwlf  up  to  the 
contemplation  of  thoM  greater  and  more  certain 
dangcfH  which  might  inevitably  attend  the  adop- 
tion of  the  alternative  course.  What  would  bo 
the  condition  of  this  Union,  if  PennHylvania  and 
New-York,  thooe  i/.trnmoth  memberii  of  our 
confederacy,  were  firmly  persuaded  that  their 
indiiRtry  woo  paralyzed,  and  their  prosperity 
blightuil,  by  the  enforcement  of  the  British  colo- 
nial (tvfitem,  under  the  delusive  name  of  tree 
trade  7  They  are  now  tranquil,  and  happv,  and 
contented,  couHcious  of  their  welfare  and  feel- 
ing a  salutary  and  rapid  circulation  of  the  pro- 
ducts of  home  manufactures  and  home  industry 
througout  all  their  great  arteries.  But  let  that 
be  checked,  lot  them  feel  that  a  foreign  system 
is  to  predominate,  and  the  sources  of  their  sub- 
nistenco  and  comfort  dried  up ;  let  New  England 
and  the  WoHt,  and  the  Middle  States,  all  feel 
that  they  too  are  the  victims  of  a  mistaken 
|x>licy,  and  let  these  vast  portions  of  our  coun- 
try despair  of  any  favoraule  change,  and  then, 
indeed,  might  we  tremble  for  the  continuance 
and  safety  of  this  Union  I " 

Hero  was  an  appalling  picture  presented :  dis- 
solution of  the  Union,  on  cither  hand,  and  one 
or  the  other  of  the  alternatives  obliged  to  be 
taken.  If  persisted  in,  the  opponents  to  the 
protective  system,  in  the  South,  were  to  make 
the  dissolution ;  if  abandoned,  its  friends,  in  the 
North,  were  to  do  it.  Two  citizens,  whose  word 
was  law  to  two  great  parties,  denounced  the 
same  event,  from  opposite  causes,  and  one  of 
which  causes  was  obliged  to  occur.  The  crisis 
required  a  hero-patriot  at  the  head  of  the  govern- 
ment, and  Providence  had  reserved  one  for  the 
occasion.  There  had  been  a  design,  in  some,  to 
bring  Jackson  forward  for  the  Presidency,  in 
1816,  and  again,  in  1820,  when  he  held  back. 
He  was  brought  forward,  in  1824,  and  defeated 
These  three  successive  postponements  brought 
him  to  the  right  years,  for  which  Providence 
seemed  to  have  destined  him,  and  which  he 
would  have  missed,  if  elected  at  either  of  the 
three  preceding  elections.  It  was  a  reservation 
above  human  wisdom  or  foresight ;  and  gave  to 
the  American  people  (at  the  moment  they  wanted 
him)  the  man  of  head,  and  heart,  and  nerve,  to 
do  what  the  crisis  required :  who  possessed  the 
confidence  of  the  people,  and  who  knew  no 


conrse.  In  any  danger,  but  that  of  duty  m,,)  .^^ 
trioti^m ;  and  had  no  fifling,  in  any  extremity 
but  tliat  (lod  and  the  people  would  ftU'itaiu  Imn 
Such  a  man  was  wantetl,  in  1832,  and  wu  f„m,\ 
— found  iR'fore,  but  rcservc<l  for  use  now. 

The  rcprewntativcs  from  the  South,  Rtnerailv 
but  especially  those  from  South  Carwllna.  wjui,. 
depicting  the  diNtretut  of  their  section  of  il„. 
Union,  and  the  reversed  aspect  which  had  rom,. 
upon  their  affairs,  less  prosperous  now  than  1» . 
fore  the  formation  of  the  Union,  attributed  tiio 
whole  cause  of  this  cliange  to  the  action  of  tiic 
fbdcral  government,  in  the  levy  and  dixtrilmtion 
of  the  public  revenue  ;  to  the  protective  system 
which  was  now  assuming  permanency,  and  in- 
creasing  its  exactions;  andtoacourscofcxpcnill- 
turo  which  carried  to  the  North  what  was  levleil 
on  the  South.  The  democratic  party  generally- 
concurred  in  the  belief  that  this  system  nu 
working  injuriously  upon  the  South,  and  that 
this  injury  ought  to  Im  relieved;  that  it  was  a 
cause  of  dissatisiaction  with  the  Union,  which  a 
regard  for  the  Union  required  to  be  redrcswd  • 
but  all  did  not  concur  in  the  cause  of  Southern 
eclipse  in  the  race  of  prosperity  which  their  I 
representatives  assigned ;  and,  among  them,  Mr. 
Dallas,  who  thus  spoke : 

"The  impressive  and  gloomy  description  of 
the  senator  from  South  Carolina  [Mr.  llaynej. 
as  to  the  actual  state  and  wretched  prospcotii  if 
his  immediate  fellow-citizens,  awakens  the  iiri- 
liest  sympathy^  and  should  command  our  atten- 
tion. It  IS  their  right ;  it  is  our  duty.  I  cannot 
feel  indifferent  to  the  sufferings  of  any  portion 
of  the  American  people ;  nnd  esteem  it  incon- 
sistent with  the  scope  and  purpose  of  the  federal 
constitution,  that  any  majority,  no  matter  how 
large,  should  connive  at,  or  protract  the  oppres- 
sion or  misery  of  any  minority,  no  matter  how 
small.  I  disclaim  and  detest  the  idea  of  making 
one  part  subservient  to  another ;  of  feasting  upon 
the  extorted  substance  of  my  countrymen  j  of 
enriching  my  own  region,  by  draining  the  fer- 
tihty  and  resources  of  a  neighbor ;  of  becoming 
wealthy  with  spoils  which  leave  their  legitimate 
owners  impoverished  and  desolate.  But,  en.  I 
want  proof  of  a  fact,  whose  existence,  at  least  as 
described,  it  is  difficult  even  to  conceive ;  and, 
above  all,  I  want  the  true  causes  of  that  fact  to 
be  ascertained ;  to  be  brought  within  the  reach 
of  legislative  remedy,  and  to  have  that  remedy 
of  a  nature  which  may  be  applied  without  pro- 
ducing more  mischiefs  than  those  it  proposes  to 
cure.  The  pronencss  to  exaggerate  social  evils  is 
greatest  with  the  most  patriotic  TemportiyJ 
embarrassment  is  sensitively  apprehended  to  h« 
permanent.  Every  day's  experience  teaches  how 
apt  we  are  to  magnify  partial  into  universal  dis- 


ANNO  isna.     ANr»riF.W  JACKSON,  rUKHIDKNT. 


271 


trrin,  anil  with  what  cliiTlcultyRn  exriUnl  imairi- 
iiiiim  ivHCiics  itiwif  (Voni  lU'HitoiKlcnry.  It  will 
f „t  do,  Kir,  to  act  upon  th«>  glowinir  or  pathetic 
,|,  linratiiinM  of  a  pirtvd  orator ;  it  will  not  do  to 
Ut>}im  I'nlixtcfi,  hy  nrdrnt  exhortations,  in  a 
i-riiJindu  afcninut  pstahliHliol  pyHtenw  of  (Mdioy ; 
i:  will  not  do  to  duni<dii>h  th«  wnlU  of  our  cita- 
,],.!  to  the  BoiindK  of  |ilnintitr  eloquence,  or  lire 
ilif  temple  at  the  rail  of  iinpoHdioned  enthu- 

'•  What,  »ir,  is  tlie  rnufo  of  Southern  jlintrew  7 
Iliis  any  jcentlcmnn  yet  ventunnl  to  dcHi((nute 
1 1  Can  any  one  <lo  more  than  suppose,  or  ar- 
piniontativefy  asRuino  it  ?  I  am  neither  willing 
i,(ir  conip«'tent  to  flatter.  To  praise  the  honor- 
tble  senator  from  iSouth  Carolina,  would  bo 

'Tonrtil  p*rftmn>  to  tli«  vlnli't— 
Wiuti'ftil  and  rtillculcui  cicrM.' 

But,  if  he  has  failed  to  discover  tho  sotirro  of 
ibe  evils  he  deplores^  who  cun  unfold  it  ?  Amid 
ilie  warm  and  indiscriminatinK  denunciiitions 
irith  which  he  has  assailed  the  policy  of  protect- 
in;.' domestic  manufactures  and  native  pro<luce,  he 
frankly  avows  that  ho  would  not '  deny  that  there 
ire  other  causes,  besides  tho  tariff,  which  have 
contributed  to  produce  tho  evils  which  he  has 
ilt'picted.'  What  arc  those  '  other  causes  ?'  In 
vhflt  proportion  have  they  acted  ?  How  much 
of  this  dark  shadowing  is  ascribable  to  each 
'inirly,  and  to  all  in  combination  ?  Would  the 
uriti  bo  at  all  felt  or  denounced,  if  these  other 
cAUses  were  not  in  operation  1  Would  not,  in 
iict,  its  influence,  its  discriminations,  its  inequal- 
ities, its  oppressions,  but  for  these 'other  causes,' 
lie  ghalcen,  by  the  elasticity  and  enerpy,  and  ex- 
liaustless  spirit  of  tho  South,  as '  dew-drops  from 
tlie  lion's  mane  ? '  These  inquiries,  sir,  must  be 
satisfactorily  answered  before  wo  can  be  justly 
nquircd  to  legislate  away  an  entire  system.  If 
ii  be  the  root  of  all  evil,  let  it  be  exposed  and 
demolished.  If  its  poisonous  exhalations  be  but 
partial,  let  us  preserve  such  portions  as  are  in- 
noxious. If,  as  the  luminary  of  day,  it  be  pure 
iiid  salutary  in  itself,  let  us  not  wish  it  extin- 
euished,  because  of  tho  shadows,  clouds,  and 
liarlcness  which  obscure  its  brightness  or  impede 
ia  vivifying  power. 

''That  other  causc;:)  still,  Mr.  President,  for 
Southern  distress,  do  exist,  cannot  be  doubted. 
They  combine  with  the  one  I  have  indicated,  and 
m  equally  unconnected  with  the  manufiicturing 
policy.  One  of  these  it  is  peculiarly  painful  to 
vJTcrt  to ;  and  when  I  mention  it,  I  beg  honor- 
I  able  senators  not  to  suppose  that  I  do  it  in  the 
f^pirit  of  taunt,  of  reproach,  or  of  idle  declama- 
tion. Regarding  it  as  a  misfortune  merely,  not 
IS  a  fault ;  as  a  disease  inherited,  not  incurred ; 
perhaps  to  be  alleviated,  but  not  eradicated,  I 
should  feel  self-condemned  were  I  to  treat  it 
other  than  as  an  existing  fact,  whose  merit  or 
diRierit,  apart  from  the  question  under  debate,  is 
shielded  from  conunentary  by  the  highest  and 
most  just  considerations.  I  refer,  sir,  to  the 
character  of  Southern  labor,  in  itself,  and  in  its 


hifltwnM  on  othrr*.     InraiwiMo  of  t\<ln)>tAtion  tn 
the  cver-varjinir  rhaiitrfs  of  hutnnn  wwiriy  and 
existeiKv.  it  rettiinn  the  i'oii,iniinitic<<  in  wim'li  it 
iN  I'stabliMhfd,  in  a  rtniditioii  of  np|>nn'iit  and 
comparative  iiiertnesM.    The  \\i:\\t< «( «.ri<'nr<',  and 
the  impn»vennjitn  of  art,  which  vivify  and  ao-el- 
erato  elm-where,  rnniiot  in-iu'trate,  or.  if  they  d(», 
penetrate  with  tliiatory  inclllcitiny,  nnioiin  iin 
op*'rati\eM.     They  an«   mereiy  inxtinetive  and 
{MiHsive.    Wliile  the  intellertuaf  industry  of  olhiT 
jMirtH  of  thin  country  springK  ela»<ti<-iilly  forward 
at  every  fresh  iinpuKe,  aixi  ninininl  lalior  is  pn>- 
jH'lled  ond   redoubled  by  countlisH  inventions, 
niarhiiH'M,  and  contrivancrs,  instantly  nnderslood 
and  at  oiico  exercised,  the  JSouth  remains  station- 
ary, inaccessible  to  such  encourajrin}?  and  iiivig- 
oruting  ai<ls.     Nor  is  it  imssiblu  to  be  wholly 
blind  to  the  tnonil  efl'eot  of  this  sjH'cies  of  labor 
upon  those  fn-emen  among  whom  it  exists.     A 
disrelish  for  huiiiblu  and  hardy  occii|iation ;  a 
prido  a<lvcrso  to  dnidgery  and  toil ;  adirad  that 
to  partake  in  the  einployinents  allotte<l  to  color, 
may  be  accompanied  also  by  its  degradation,  are 
natural  nnd  iiievital)le.    Tho  high  nnd  lofty  quali- 
ties which,  in  other  scenes  and  for  utiier  pur- 
poses, characterizo    and    adorn    our    Southern 
brethren,  are  liital  to  tho  enduring  patience,  the 
corporal  exertion,  and  the  painstaking  simpli- 
city, by  which  only  a  successful  yeomanry  can 
be  formed.     When,  in  fact,  sir,  the  senator  from 
South  Carolina  a.«serts  that '  slaves  are  too  im- 
provident, too  incapable  of  that  minute,  constant, 
delicate  attention,  and  that  persevering  industry 
which  is  essential  to  tho  success  of  manufactur- 
ing establishments,'  ho  himself  admits  tho  defect 
in  tho  condition  of  Southern  labor,  by  which  the 

t regress  of  his  favorite  section  must  bo  retarded, 
lo  admits  an  inability  to  keep  pace  with  tho 
rest  of  the  world.  He  admits  an  inherent  weak- 
ness ;  a  weakness  neither  engendered  nor  aggra- 
vated by  tho  tariiF — which,  as  societies  are  now 
constituted  and  directed,  must  drag  in  tho  rear, 
and  be  distanced  in  the  common  race." 

Thus  spoko  Jlr.  Dall-as,  senator  from  Pennsyl- 
vania; and  thus  speaking,  gave  oflcnco  to  no 
Southern  man  ;  and  seemed  to  be  well  justified 
in  what  he  said,  from  tho  historical  fact  that  tho 
loss  of  ground,  in  the  race  of  prosperity,  had 
commenced  in  tho  South  before  the  protective 
system  began — before  that  epoch  year,  1810, 
when  it  was  first  installed  as  a  system,  and  so 
installed  by  the  power  of  the  South  Carolina 
vote  and  talent.  But  the  levy  and  expenditure 
of  the  federal  government  was,  doubtless,  the 
main  cause  of  this  Southern  decadence — so  un- 
natural in  the  midst  of  her  rich  staples — and 
which  had  commenced  before  1816. 

It  so  happened,  that  while  the  advocates  of  tho 
American  system  wcro  calling  so  earnestly  for 
government  protection,  to  enable  tlicin  to  sua* 


272 


TIIIUTY  \'tJLK»'  VIKW. 


tftin  thefiim'lvi'N  at  iKmu*.  (Imt  tlio  riiHtoin-lKiUHo 
ImokN  Hi'ir  flinwiiix  thnt  k  frrrnt  iiinnr  *'|N>ri(>M 
of  our  iiiniiiifiiitim's,  itml  <s|r««(iiilly  (he  rofton, 
u'lTc  K<*i»K  ul'iowl  to  far  di^laiit  count riiM  ;  bikI 
HiiMtttiniii^  tliciiiM'lvi'H  oil  ri'iiioU;  tlii-utrt-M  H^iiiiiNt 
hII  roin|ii-ti(ioii,  nmi  iK-yotui  tlio  rnn^'o  or  nnv 
help  from  our  lawn.  Mr.  Clny,  liiiiiwdf,  n|pok'.'  of 
lliw  uxiMirliilion,  to  kIiow  the  exccllfiKi'  of  our 
fubricH,  uiiil  tliut  tlioy  wen-  worth  |irot<'Clion  ;  I 
iiikkI  tlio  HiiiiK-  fact  to  Nhowr  thnt  tlioy  weru  imk-- 
pi>nil(>tit  of  |ir(<t('ct!on  ;  aii<l  said : 

"Aii'l  hire  I  would  ask,  how  many  nnd  wliich 
nn^  the  nrtidi'x  that  rtciuire  th(>  pnwnt  lii(rh  rate 
of  prolcciioii  !  I'lTtninly  not  tlic  cotton  niiinii- 
fuctiirc;  fop,  the  wnator  from  Kentucky  (Mr. 
(lay),  wlio  np|K'nrs  on  tJil.t  fl<M)r  as  tlie  leading; 
champion  of  domestic  nmnufartiires,  and  whose 
arlmisnions  of  fiul  numt  heconciiiHive  apninst  his 
ar>!;miu'nts  of  tluory !  tliis  nenator  tells  you,  and 
dwells  upon  tlie  disclosure  with  triumphant  ex- 
ultation, that  American  cottons  are  now  exported 
to  Asia,  and  sold  at  a  profit  In  the  cotton  mar- 
kets of  Canton  and  Calcutta!  Surely,  sir,  our 
tariff  laws  of  1824  and  1828  arc  not  in  force  in 
]ieni;nl  and  China.  And  I  ap[)eal  to  all  mankind 
for  the  truth  of  the  inference,  that,  if  our  cottons 
can  RO  to  these  countries,  and  bo  sold  at  a  profit 
without  any  protection  at  all,  they  can  stay  at 
homo,  and  l)o  sold  to  our  own  citizens,  without 
loss,  under  p  less  protection  than  flily  and  two 
hundred  and  fifty  per  centum !  Ono  foct,  Mr. 
President,  is  said  to  bo  worth  a  thousand  theo- 
ries ;  I  will  add  that  it  is  worth  a  hundred  thou- 
sand speeches ;  and  this  fact  that  the  American 
cottons  n<iw  traverse  the  ono-half  of  the  circiim- 
feronco  of  this  globe — cross  the  equinoctial  line ; 
descend  to  the  antipodes  ;  seek  foreign  markets 
on  the  double  theatre  of  British  and  Asiatic  com- 
petition, and  come  off  victorious  from  tho  eon- 
test — is  a  full  and  overwhelming  answer  to  all 
the  speeches  that  have  been  niado,  or  ever  can 
be  made,  in  favor  of  high  protecting  duties  on 
these  cottons  at  home.  Tho  only  effect  of  such 
duties  is  to  cut  off  importations — to  cieate  mono- 
poly at  home — to  enable  our  manufacturers  to 
sell  their  goods  higher  to  their  own  christian  fel- 
low-citizens than  to  the  pagitn  worshij)per8  of  Fo 
and  of  Brahma !  to  enable  tho  inhabitants  of  the 
Ganges  aiul  the  Burrampooter  to  wear  Ameri- 
can cottons  u|)on  cheaper  terms  than  the  inhabit- 
ants of  the  Ohio  and  Mississippi.  And  every 
"Western  citizen  knows  the  fact,  that  when  these 
shipments  of  American  cottons  were  making  to 
the  extremities  of  Asia,  the  price  of  these  same 
cottons  was  actually  raised  twenty  and  twenty- 
five  per  cent.,  in  all  the  towns  of  tho  West ;  with 
this  further  difference  to  our  prejudice,  tliat  we 
can  or>ly  pay  for  them  in  money,  while  the  in- 
habitants of  Asia  make  payment  in  the  products 
of  their  own  country. 
''This   is  what  the    gentleman's   admission 


pn>vt><|  i  but  I  do  not  onm4>  hcrti  to  anriie  nut, 
a<iini«^i<int,  whttlu-r  raiidid  or  untcuank^l,  nf  n,^ 
xlvenuiry  MinakiTM.  I  bring  my  own  f«rtj.  „^' 
proof*;  and,  really,  sir,  1  have  a  iiijnd  to  nun. 
plain  that  thv  gentlemun's  adtiiixiiioti  aUiiit  mi. 
toiiH  liiut  erippleii  tliu  funu  of  my  ariruiiii-nt 
that  it  lia.H  weakeiuMl  itneU'eel  by  lotting  nia  haii 
at  a  time,  and  ilestroyed  itM  novelty,  Uy  an  »nii. 
ciiMtfd  revi'lation.  The  truth  is,  I  have  thix  f«,I 
(tliat  we  exported  <lomei<ti('  cottons)  trittiiiiri,| 
up  my  magazine  of  nmti-rial  I  and  iriUni|..| 
t<;  produce  it,  ut  tho  proinr  time,  to  xhow  the 
we  »  )rted  this  article,  not  to  Canton  Hiidc^i; 
cutta  ttlouj,  but  to  all  'I'lurtersof  tliegliiln);  „„( 
B  few  cargoes  only,  In  way  of  oxperinii.nt,'  Imh 
in  groat  fpiitiititien,  iw  a  regular  trade,  to  iht 
amount  of  a  luiliioii  iiiid  a  quarter  of  dullari 
annually ;  and  that,  of  this  amount,  no  less  tliaii 
forty  thousand  ilollars'  worth,  in  tho  year  1k;m 
Itad  done  what  the  combined  fleets  and  aniii(  < 
of  tho  world  could  not  do ;  it  hati  scnltxl  n^, 
rock  of  Gibraltar,  iMsnctratcd  to  the  hi-art  of  tin. 
British  garrison,  taken  imssesslon  of  his  Britan- 
nic Majesty's  soldiers,  bound  their  anna,  legg,uii,| 
bodies,  and  strutted  in  triumph  over  the  ram- 
parts and  batteries  of  that  unattockablo  fortn-M 
And  now,  sir,  I  will  use  no  more  of  the  gentle- 
man's admissions ;  I  will  draw  upon  my  onn 
resources  ;  and  will  show  nearly  the  whole  lint 
of  our  domestic  manufactures  to  l>e  in  the  tianie 
flourishing  condition  with  cottons,  actually  goin;. 
abroad  to  seek  competition,  without  protection,  | 
m  every  foreign  clime,  and  contending  vict(h 
riously  with  foreign  manufactures  wherever  thev 
can  encounter  them.  I  read  from  the  cugtoni- 
house  retui-ns,  of  1830— the  laat  that  has  Utn 
printed.    Listen  to  it : 

"This  is  tho  list  of  domestic  manufactures  ex- 
ported to  foreign  countries.  It  comprehend!  the 
whole,  or  nearly  the  whole,  of  that  long  cata- 
logue of  items  which  the  senator  from  Keutuci(y 
[Mr.  Clay]  read  to  us,  on  the  second  day  of  hk 
discourse ;  and  shows  tho  whole  to  bo  goini? 
abroad,  without  a  shadow  of  protection,  to  setk 
competition,  in  foreign  markets,  with  tho  foreign 
goods  of  all  the  world.  The  list  of  articles  1 
have  read,  contains  near  fifty  varieties  of  manu- 
factures (and  I  have  omitted  many  minor  arti- 
cles) amounting,  in  value,  to  near  six  millions  ol' 
dollars  !  And  now  behold  the  diversity  of  human 
reasoning !  The  senator  from  Kentucky  exlii- 
bits  a  list  of  articles  manufactured  in  tho  United  I 
States,  and  argues  that  the  slightest  diminution 
in  tho  enormous  protection  they  now  enjoy  will 
ovei-whelm  the  whole  in  ruin,  and  cover  the 
country  with  distress ;  I  read  the  same  identical 
list,  to  show  that  all  these  articles  go  abroad 
and  contend  victoriously  with  their  foreign  rivals  ( 
in  all  foreign  markets." 

Mr.  Clay  had  attributed  to  tho  tariffs  of  1824 1 
and  1828  the  reviving  and  returning  prosperity 
of  the  country,  while  in  fact  it  was  the  met« 
effect  of  recovery  from  prostration,  and  in  spite 


ANNO  tUl     AXURKW  J.\t  K.-M>\.  nih>H»i:.N T. 


973 


JOhM!  UriiTii,  ilWlMul  of  l>y  their  h('l|>.  liusi- 
nrm  IimI  Ix'cn  |pniii|{lit  t<>  k  Mtatid  ilurin^  llic 
jjontniuM  |M'ri<t<I  wliicli  ('IikuimI  IIic  iKtnltli>li' 
lui-nt  uf  tlio  Hank  or  thu  CiiiU*!  SiuttN.  Il  hm 
iprrtml  of  MU^nation,  of  MtllciiHiit,  cif  itaying 
lip,  of  iTPttiti);  i-lcnr  of  loa<U  of  dvlit ;  nml  ntnrt- 
,:iK  ifn^'li.  It  waa  th"  MlronR  iniui,  fntd  fr«>m 
tin-  burtlion  iiikUt  which  )il>  had  \i>\m  Ixin  pros- 
trttr,  Bixl  K*'tli>iK  on  hin  fiTt  tk^iM.  l\\  the 
^Vttt  I  know  that  thia  waM  tho  {irootsD,  and  that 
iiir  rcvivc'il  imwiMrity  wax  cntin-ly  tlio-  rc'stilt 
•  t  our  own  rusourciM,  indciiciidint  of,  and  in 
.pito  of  feikral  li-(;i'<lation ;  and  to  Ui.>clari.'d  it  in 
my  gpotfli.     I  said : 

"The  fln''  cftl-cta  of  tlie  hijth  tariff  npon  the 
protipority  oi  tho  West  have  bven  ci'ivhratcd  on 
thin  iloor:  with  how  much  rcoMon,  let  fiictM  rcs- 
piind,  and  tho  penpio  jud^c  !  I  do  not  tliink  wo 
ire  indebted  to  the  ninh  tariff  for  our  fertile 
lunds  and  our  navi|!;ablo  rivers ;  and  I  am  ci>r- 
iiin  wo  are  indebted  to  these  blcssin^^H  for  tho 
|irogperity  we  enjoy.  In  all  that  comes  fW)m 
ihe  nod,  tho  jMHiple  of  tho  West  are  rich.  They 
hive  an  abundant  supply  of  food  for  man  and 
iKWit,  and  a  larf^o  surplus  to  sctid  abroad.  They 
hive  the  comfortable  livinfi^  which  industrv  ere- 
ttei  for  itself  in  a  rich  soil ;  but,  beyond  this. 
they  are  poor.  They  hove  none  of  the  splcndiii 
irorki  which  imply  tho  presence  of  tho  moneyed 
povrer  I  No  Appian  or  Flaminian  ways ;  no 
raa(l«  paved  or  iMcAdamized  ;  no  canals,  except 
irhat  are  mado  npon  borrowed  means ;  no  aque- 
ducts ;  no  bridges  of  stone  across  our  innume- 
nble  streams ;  no  edifices  dedicated  to  eternity ; 
no  Khools  for  tho  fine  arts:  not  a  public  library 
for  which  an  ordinary  scholar  would  not  npolo- 
pte.  And  why  none  of  those  things  ?  Have  th(< 
people  of  tho  West  no  taste  for  public  improve- 
ments, for  the  useful  and  tho  fine  arts,  and  for 
literature  ?  Certainly  thev  have  &  very  strong 
tute  for  them ;  but  they  have  no  money  I  not 
enough  for  private  and  current  uses,  not  enough 
to  defVay  our  current  expenses,  and  buy  neces- 
mti !  without  thinking  of  public  improvo- 
ments.  We  have  no  money  I  and  that  is  a  tale 
viiich  has  been  told  too  often  here — chanted 
too  dolefully  in  the  book  of  lamentations  which 
vas  composed  for  tho  death  of  the  Maysville 
road— to  be  denied  or  suppressed  now.  They 
hare  no  adequate  supply  of  money.  And  why  ? 
Have  they  no  exports?  Nothing  to  send 
ibroad  ?  Certainly  they  have  exports.  Behold 
the  marching  myriads  of  living  animals  annually 
taking  their  departure  from  the  iieart  of  the 
West,  defiling  through  the  gorges  of  tho  Cum- 
berland, the  Alleghany,  and  the  Apalachian 
mountains,  or  traversing  the  plains  of  the  South, 
diverging  as  they  march,  and  spreading  them- 
selves all  over  that  vast  segment  of  our  territo- 
rial circle  which  lies  between  the  debouches  of 
I  the  Mississippi  and  the  estuary  of  the  Potomac! 

Vol.  I.— 18 


lU'hold,  0,1  lliii  oth*  r  li.iml.  tli«  tluui;  1  li  auH 
IxiniM,  mill  i)ii<  tUrt>«  i>(  IliNtiMit  arkt.  |i>nil<<| 
with  tl:<'  |ri"iiirtH  i.f  the  fnn Kt,  tlir  lurni,  nii.l 
llie  |<«>liiri*.  r<il|iiMriti(r  tlie  rtiiiri'e  of  our  noMc 
ri*!!^,  and  Uaring  ihiir  fnitrhts  to  ilint  annt 
city  winch  n-\ivi'«,  ii|n>ii  the  l>«hkit  of  tlic  Mis. 
".•(•ipl'l,  the  iiii'ne*  of  till'  ({rii»le«t  ol  the  i'ni|>«'- 
kth  ilint  ever  reipied  u|Min  llui  Imnk't  of  tin* 
'I'lU-r,  iiiid  who  eeli|we(l  the  \:U>rY  ol'  IiIm  own 
heroic  e\|iloiti«  by  ^iviii);  nil  onjrr  to  hiii  lr(tioiiK 
never  to  levy  a  etintribution  of  Mill  u|Min  a  K<  ■ 
■  nan  citizen  !  Heboid  tliit  double  line  of  ex- 
ports, and  observe  the  refluent  eiirrents  ol"  jjoM 
uiul  Hiiver  which  residt  IVuin  tlietn  !  I.uiv'e  iin.' 
the  HU|  plies — millions  are  the  ainoiitit  which  in 
niiniially  poun-d  into  the  West  from  these  dou- 
ble exportiitions;  enounh  to  cover  the  fiiee  of 
the  earth  with  magnitlcei^  iinpi-oveinents,  and 
to  cram  every  m<liiHtriouH  |Nicket  with  ptid  luid 
silver.  Hut  where  is  this  nii  •  ••  '  for  it  is  not 
in  tho  country!  Where  does  u  n"'/  for  p>  it 
does,  and  scarcely  leaves  a  vestige  of  its  transit 
l)ehind!  Sir,  it  goi's  to  the  Northeast!  to  the 
scat  of  tho  Ameriuaii  system !  there  it  goes ! 
and  thus  it  goes  !" 

Mr.  Clay  had  commenced  his  s|H.'ech  with  an 
ap<jlogy  fur  what  migh'  us  deemed  failing  pow- 
ers on  account  of  advancing  age.  lie  said  h« 
was  getting  old,  and  might  not  ho  uble  to  fiillil 
tho  exiKictation,  and  n-quite  thu  attention,  of  the 
attending  crowd;  and  wished  tho  task  could 
have  fallen  to  younger  and  abler  hands.  This 
apology  for  ago  when  no  diminution  of  mental 
or  bodily  vigor  wivh  perci'ptilJe,  induced  seve- 
ral speakers  to  commence  their  repliejj  with  al- 
lusions to  it,  generally  coin[>liinentary,  but  not 
admitting  tho  fact.  Mr.  llayne  gracefully  t^uid, 
that  ho  had  lamented  tho  advances  of  age,  and 
mourned  tho  decay  of  his  elcMineucc,  so  elo- 
quently as  to  prove  that  it  mis  Ktill  in  full  vigor : 
and  that  ho  had  made  an  uble  and  ingenious 
argument,  fully  sustaining  his  liigh  reputation 
as  an  accomplished  orator.  Geiutral  Smitli, 
of  Maryland,  said  that  Iio  could  not  complain 
himself  of  the  infirmities  of  age,  though  older 
than  the  senator  from  Kentucky,  nor  could  fiiwl 
in  hia  years  any  apology  for  tho  msufficiency  0/ 
his  speech.  Mr.  Clay  thought  this  was  intended 
to  be  a  slur  upon  him,  and  replied  in  a  spirit 
which  gave  ri.so  to  the  following  sharp  encounter: 

"  Mr.  Smith  then  rose,  and  said  he  was  sorry 
to  find  that  he  had  unintcntioually  oilendcd  thu 
honorable  gentleman  from  Kentucky.  In  refer- 
ring to  the  vigorous  ago  he  himself  enjoyed,  ho 

•  "Aurollftn,"  whose  name  wan  glv«n  to  th»  nillltiry  »ta 
tlon  fpiutklluiu)  wliicli  was  afturvviinti  cuiru|/iail  Ip'o  "Or 
Ivana.** 


274 


THIRTY  YKARS'  VIF.W. 


i 


hii'l  not  RiippoKt'd  hv  .■iliouM  pive  offence  toothers 
wlio  cuiii]ilainc(l  of  tli<'  iiifinnitiL'.s  of  njre.  The 
'ri'iitlcnmn  from  Kentucky  wiia  the  last  who 
sl'Hild  tiike  the  remark  as  disparaging  to  his 
vif;or  and  jK-rsonal  appearance;  for,  wlien  tliat 
frentleman  spoke  to  us  of  his  ap*;,  he  heard  n 
young  lady  near  liim  cxchiim — ••  Old,  why  J 
think  he  is  miglity  pretty."  The  honorable 
gentleman,  on  Friday  last,  made  a  similitude 
where  none  existed.  I,  said  Mr.  S.,  had  suggest- 
ed the  necessity  of  mutual  forbearance  in  set- 
tling the  tariil'.  and,  thereupon,  the  gentleman 
voeifen 'ed  loudly  and  angrily  about  removals 
from  office.  lie  said  I  was  a  leader  in  the  sys- 
tini.  I  deny  the  fact.  I  never  exercised  the 
least  influence  in  effecting  a  removal,  and  on  the 
contrary,!  interfered,  successfully,  to  prevent  the 
r(!moval  of  two  gentlemen  in  office.  I  am  charg- 
ed with  making  a  committee  on  roads  and  canals, 
iulverse  to  internal  improvement.  If  this  be  so, 
it  is  by  mistake.  I  certainly  supposed  every 
gentleman  named  on  that  committee  but  one  to 
be  friendly  to  internal  improvement.  To  the 
committee  on  manufactures  I  a.ssigned  four  out 
of  five  who  were  known  to  be  friendly  to  the 
protective  system.  The  rights  of  the  minority, 
in'  had  endeavored,  also,  in  arranging  the  com- 
mittee, to  secui'C.  The  appointment  of  the  com- 
mittees he  had  found  one  of  the  most  difficult 
and  onerous  tasksjia  had  ever  undertaken.  One- 
third  of  the  house  were  lawyers,  all  of  whom 
wanted  to  be  put  upon  some  important  commit- 
tee. The  oath  which  the  senator  had  tendered, 
he  hoped  he  would  not  take.  In  the  year  1795, 
Sir.  S.  said,  he  had  sustained  a  protective  duty 
against  the  opposition  of  a  member  from  Pitts- 
Ijurg.  Previous  to  the  year  1822,  he  had  always 
given  incidental  support  to  manufactures,  in  fix- 
ing the  tariff.  He  was  a  warm  friend  to  the 
tariff  of  181G,  which  he  still  regarded  as  a  wise 
and  beneficial  law.  He  hoped,  then,  the  gentle- 
man would  not  take  his  oath. 

"  Mr.  Clay  placed,  he  said,  a  high  value  on  the 
compliment  of  which  the  honorable  senator  was 
the  channel  of  communication ;  and  he  the  more 
valued  it,  inasmuch  as  he  did  not  recollect  more 
than  once  before,  in  his  life,  to  have  received  a 
similar  compliment.  Ho  was  happy  to  find  that 
the  honorable  gentleman  disclaimed  the  system 
of  proscription ;  and  he  should,  with  his  appro- 
bation, hereafter  cite  his  authority  in  opposition 
to  it.  The  Committee  on  Iloads  and  Canals, 
whatever  were  the  gentleman's  intentions  in 
constructing  it,  had  a  majority  of  members 
whose  votes  and  speeches  against  internal  im- 
provements were  matter  of  notoriety.  The  gen- 
tleman's appeal  to  his  acts  in  '95,  is  perfectly 
safe ;  for,  old  as  I  am.  my  knowledge  of  his  course 
does  not  extend  back  that  far.  lie  would  take 
the  period  which  the  gentleman  named,  since 
1822.  It  comes,  then,  to  this :  The  honora- 
ble gentleman  was  in  favor  of  protecting  man- 
ufactures ;  but  he  had  turned — I  need  not  use 
the  word — he  has  abandoned  mauufacturcs. 
Thus: 


'OM  pi)llt|p|»n«  rli»w  on  wlMlnm  pa.>t. 
And  tMer  on  in  blumliMi  ti>  Ui<'  lii-t.' 

"  Mr.  Smith. — The  last  allusion  is  unwortht 
of  the  gentleman.  Totter,  sir,  I  tottir?  Tlioiii-ii 
some  twentj*  years  older  than  the  gentUmati  I 
ran  yet  stand  firm,  and  am  yet  able  to  corr(.ct 
his  errors.  I  could  take  a  view  of  the  pcntk- 
man's  course,  which  would  show  how  inconsis- 
tent he  has  been.  [.Mr.  Clay  exclaimed :  "fake 
it,  sir.  take  it — I  dare  you.'  [Cries  of  "order."! 
No,  sir,  said  Mr.  S,.  1  will  not  take  it.  1  will 
not  so  fur  disregard  what  is  due  to  the  dignity 
of  the^Senate."  | 


Mr.  Ilaync  concluded  one  of  his  speeches  witli 
a  declaration  of  the  seriousness  of  the  Southern 
resistance  to  the  tariff,  and  with  a  feeling  apptal 
to  senators  on  all  sides  of  the  house  to  meet  their  | 
Southern  brethren  in  the  spirit  of  conciliation, 
and  restoie  harmony  to  a  divided  people  by  re 
-.g  from  among  them  the  never-failing  source  I 
of  contention.    He  said: 

"  Let  not  gentlemen  so  far  deceive  themselves  1 
as  to  suppose  that  the  opposition  of  the  South  to  I 
the  protecting  system  is  not  based  on  hi<:h  anjl 
lofty  principles.    It  has  nothing  to  do  with  par- 1 
ty  politics,  or  the  mere  elevation  of  men.   Itl 
rises  far  above  all  such  con.siderationa.    Nor  Is  I 
it  influenced  chiefly  by  calculations  of  interest  I 
but  is  founded  in  much  nobler  impulses.    TIibI 
instinct  of  self-interest  might  have  taught  us  an  I 
easier  w^ay  of  relieving  ourselves  from  this  o\\-  ( 
pression.    It  wanted  but  the  will,  to  have  siip-j 
plied  ourselves  with  every  article  embraced  inl 
the  protective  syctem,  free  of  duty,  without  anyf 
other  participation  on  our  part  than  a  simple  con-l 
sent  to  receive  them.    But,  sir,  we  have  scorned,! 
in  a  contest  for  our  rights,  to  resort  to  any  but! 
open  and  fair  means  to  maintain  them.    Thei 
spirit  with  which  wo  have  entered  into  thisi 
business,  is  akin  to  that  w^hich  was  kindled  inl 
the  bosom  of  our  fathers  when  they  were  made  the| 
victims  of  oppression ;  and  if  it  has  not  displayed 
itself  in  the  same  way,  it  is  because  we  have  ever 
cherished  the  strongest  feelings  of  confratemit}') 
towards  our  brethren,  and  the  warmest  and 
most  devoted  attachment  to  the  Union.    If  wo 
have  been,  in  any  degree,  divided  amon;?  ourJ 
selves  in  this  matter,  the  source  of  that  divisionJ 
let  gentlemen  be  assured,  has  not  arisen  so  mucl/ 
from  any  difference  of  opinion  as  to  the  trua 
character  of  the  oppression,  as  from  tlie  diflcrentt 
degrees  of  hope  of  redress.    All  parties  have  fua 
years  past  been  looking  forward  to  this  crisii 
for  the  fulfilment  of  their  hopes,  or  the  confirJ 
mation  of  their  fears.    And  God  grant  that  tli^ 
result  may  be  auspicious. 

"  Sir,  I  call  upon  gentlemen  on  all  sides  of  tlid 
House  to  meet  us  in  the  true  spirit  of  conciliation 
and  concession,  llemove,  I  earnestly  beseccn 
you.  from  among  us,  this  never-failing  source  ol 
contention.    Dry  up  at  its  source  this  fountain 


IrrBUC  LANDS.— DIS 


ANNO  1«32.     ANDREW  .lACKSON.  riUlSIDKNT. 


275 


f  t!ie  waters  of  Mttornoss.     Roptorc  that  har- 

^onv  whicli  lins  hoin  di.-tiirljcd — tliat  iniitiml 

lifeiion  and  confltli-nco  wliich  lias  been  impair- 

•1.    Ami  it  is  ill  your  power  to  do  it  this  day ; 

.;t  tliiTC  ia  but  0!ie  means  under  heaven  by 

thicli  it  can — by  doiii<i  equal  Justice  to  all.     And 

I V' assured  th"t  he  to  whom  the  country  shall  Ix; 

Ipdibted  for  this  blessinp,  will  be  considered  as 

];hc  second  founder  of  the  republic.    He  will  be 

juv-anled,  in  all  aflertimcs,  as  the  ministerinf? 

L,2il  visitinjT  the  troubled  waters  of  our  politi- 

1  -jj  ilissensions,  and  restoring  to  tho  element  its 

lioaling  virtues." 

I  take  pleasure  in  quoting  these  words  of  Mr. 
I  llavne.  They  are  words  of  moderation  and  of  jus- 
ljfe_of  sorrow  more  than  anger — of  cxpostula- 
[m  more  than  menace — of  loyalty  to  the  Union 
I  -of  supplication  for  forbearance ; — and  a  moving 
Isnpcal  to  the  high  tarifi' party  to  avert  a  nation- 
lil catastrophe  by  ceasing  to  bo  unjust.  His  mo- 
Ijration,  his  expostulation,  his  supplication,  his 
jippcal — had  no  effect  on  the  r  jority.  The  pro- 
irotive  system  continued  to  Ip  an  exasperating 
•lieme  throughout  the  session,  which  ended  with- 
jvit  any  sensible  amelioration  of  the  system, 
l;hoiigh  with  a  reduction  of  duty  on  some  articles 
Idcoinfort  and  convenience ;  as  recommended  by 
I  President  Jackson. 


CHAPTER    LXX. 

frrcUC  LAJvDS.-DISTEIBUTION  TO  TIIK  STATES. 

Iliir.  elTorts  wliich  had  been  making  for  years  to 
Licliorate  the  public  land  system  in  the  feature 
|«f  their  sale  and  disposition,  had  begun  to  have 
licir  effect — the  effect  which  always  attends 
Liscverance  in  a  just  cause.  A  bill  had  ripen- 
Itii  to  a  third  reading  in  the  Senate  reducing  the 
Iprice  of  lands  which  had  been  long  in  market 
]':5s  tlian  one  half— to  fifty  cents  per  acre — and 
lite  pre-emption  principle  had  been  firmly  esta- 
lliishcd,  securing  the  settler  in  his  home  at  a 
liicd  price.  Two  other  principles,  those  of  do- 
lations  to  actual  settlers,  and  of  the  cession  to 

States  in  which  they  lie  of  all  land  not  sold 
|rilhin  a  reasonable  and  limited  period,  were  all 

;  was  wanting  to  complete  the  ameliorated 
livitem  which  the  graduation  bills  proposed  ; 
liiiii  these  bills  were  making  a  progress  which 
IjEomised  them  an  eventual  success.  All  the 
■Mications  were  favorable  for  the  speedy  ac- 


complishment nf  tlu'se  great  n-furm-*  in  the 
land  system  when  the  session  of  18.'U-^^2  opt-n- 
cd,  and  with  it  the  authintic  annunciation  of 
tha  extinction  of  the  public  debt  within  two 
years — which  event  would  remove  the  objection 
of  many  to  interforins  with  the  subject,  the 
lands  being  pledged  to  that  object.  This  ses^- 
sion,  preceding  the  presidential  election,  and 
gathering  up  so  many  subjects  to  go  into  the 
canvass,  fell  upon  tho  lands  for  that  purpose, 
and  in  the  way  in  which  magazines  of  grain  in 
republican  Rome,  and  money  in  the  treasury  in 
democratic  Athens,  were  accustomed  to  be  dealt 
with  by  candidates  for  ofiicc  in  the  periods  of 
election ;  that  is  to  say,  were  proposed  for  dis- 
tribution. A  plan  for  dividing  out  among  the 
States  for  a  given  period  the  money  arisini; 
from  the  sale  of  the  lands,  was  reported  from 
the  Committee  on  Manufactures  by  Mr.  Clay,  a 
member  of  that  committee — and  which  proper!}' 
could  have  nothing  to  do  with  the  sale  and  dis- 
position of  the  lands.  That  report,  after  a  gen- 
eral history,  and  view  of  the  public  lands,  cunio 
to  these  conclusions : 

"Upon  full  and  thorough  consideration,  the 
committee  have  come  to  the  conclusion  tliat  it 
is  inexpedient  either  to  reduce  the  price  of  the 
public  lands,  or  to  cede  them  to  the  new  StJiles. 
They  believe,  on  the  contrary,  tlu^t  sound  policy 
coincides  with  the  duty  which  has  devolved  on 
the  general  government  to  the  whole  of  the 
States,  and  the  whole  of  the  people  of  the 
Union,  and  enjoins  the  presci"vation  of  the  ex- 
isting system  as  having  been  tried  and  approv- 
ed after  long  and  triumphant  experience.  But, 
in  consequence  of  the  extraordinary  financial 
prosperity  which  the  United  States  enjoy,  the 
question  merits  examination,  whether,  whilst 
the  general  government  steadily  retains  the 
control  of  this  great  national  resource  in  its 
own  hands,  after  tlie  payment  of  tlie  public 
debt,  the  proceeds  of  the  sales  of  the  public 
lands,  no  longer  needed  to  meet  the  ordinary 
expenses  of  government,  may  not  be  beneficial- 
ly appropriated  to  some  other  objects  for  a  lim- 
ited time. 

"  Governments,  no  more  than  individuals, 
should  be  seduced  or  intoxicated  by  prosperity, 
however  flattering  or  great  it  may  be.  The 
country  now  happily  enjoys  it  in  a  most  unex- 
ampled degree.  We  have  abundant  reason  to 
by  grateful  for  the  blessings  of  peace  and  plen- 
ty, and  freedom  from  debt.  But  we  must  be 
forgetful  of  all  history  and  experience,  if  we  in- 
dulge the  delusive  hope  that  we  shall  always  bo 
exempt  from  calamity  and  reverses.  Seasons 
of  national  advei-sity,  of  suffering,  and  of  war, 
will    assuredly    com^      A    wi.-e    governineut 


■/  I 


// 


1.    *f'>«.' 


m 


\^ 


276 


THIRTY  YEARS'  VIEW 


sJiould  pxpt'ct,  ami  provide  for  them.  Instead 
of  wastinj:  or  HcniuiKkTiiip;  its  resources  in  a  jx-- 
riol  of  frini-ra!  prosjKTity,  it  shonUl  husband 
ntid  cticrish  them  for  those  times  of  trial  and 
dillieulty,  which,  in  the  dispensations  of  I'rovi- 
deiice,  n.iiy  Iks  certainly  anticipated.  Enter- 
taininp  these  views,  and  as  the  proceeds  of  the 
sales  of  tlie  public  lands  are  not  wanted  for  or- 
dinary revenue,  which  will  be  abundantly  sup- 
jiiied  from  the  imposts,  the  committee  respcct- 
i'lilly  recommend  that  an  appropriation  of  them 
bi.'  ma<le  to  some  other  j)urpose,  for  a  limited 
time,  subject  to  be  resumed  in  the  contingency 
of  war.  Should  such  an  event  unfortunately 
occur,  the  fund  may  be  withdrawn  from  its 
jH'uceful  destination,  and  applied  in  aid  of  other 
means,  to  the  vigorous  prosecution  of  the  war, 
and,  afterwards  to  the  payment  of  any  debt 
wliich  may  be  contracted  in  consequence  of  its 
existence.  And  when  peace  shall  be  again  re- 
stored, and  the  debt  of  the  new  war  shall  have 
been  extinguished,  the  fund  may  be  again  ap- 
propriated to  soTne  fit  object  other  than  that  of 
the  ordinary  expenses  of  goyernment.  Thus 
may  this  great  resource  be  preserved  and  ren- 
dered subservient,  in  jwace  and  in  war,  to  the 
common  benefit  of  all  the  States  composing  the 
Union. 

'•  The  inquiry  remains,  what  ought  to  be  the 
specific  application  of  the  fund  mider  the  restric- 
tion stated  ?  After  deducting  the  ten  per  cent, 
proposed  to  be  set  apart  for  the  new  States,  a 
l)nrtion  of  the  committee  would  have  preferred 
that  the  residue  should  be  applied  to  the  ob- 
jects of  internal  improvement,  and  colonization 
of  the  free  blacks,  under  the  direction  of  the 
general  government.  But  a  majority  of  the 
committee  believes  it  better,  as  an  alternative 
for  the  scheme  of  cession  to  the  new  States, 
and  as  being  most  likely  to  give  general  satis- 
faction, that  the  residue  be  divided  among  the 
twenty-four  States,  according  to  their  federal 
representative  population,  to  be  applied  to  edu- 
cation, internal  improvement,  or  colonization,  or 
to  the  redemption  of  any  existing  debt  contract- 
ed for  internal  improvements,  as  each  State, 
judging  for  itself,  shall  deem  most  conformable 
with  its  own  interests  and  policy.  Assuming 
the  annual  product  of  the  sales  of  the  public 
lands  to  be  three  millions  of  doUirs,  the  table 
hereto  annexed,  marked  C,  sh  rt's  what  each 
State  would  be  entitled  to  receive,  according  to 
the  principle  of  division  which  has  been  stated. 
In  order  that  the  propriety  of  the  proposed  ap- 
propriation should  again,  at  n  day  not  very  far 
distant,  be  brought  under  the  review  of  Con- 
gress, the  committee  would  recommend  that  it 
be  limited  to  a  period  of  five  years,  subject  to 
the  condition  of  war  not  breaking  out  in  the 
mean  time.  By  an  appropriation  so  restricted 
as  to  time,  each  State  will  bo  enabled  to  esti- 
mate the  probable  extent  of  its  proportion,  and 
to  adapt  Its  measures  of  education,  improve- 
ment, colonization,  or  extinction  of  existing 
debt,  accordingly. 


"  In  conformity  with  the  views  and  prinrji.ijj 
which  the  committee  have  now  sulmiiiUil,  tl,,  v 
Ix'g  leave  to  report  a  bill^  entitled -An  act  t. 
appropriate,  for  a  limited  tmic.  the  procictis  „• 
the  sales  of  the  public  lands  of  the  Lnitcj 
States.' " 

The  impropriety  of  originating  such  a  bill  in 
the  committee  on  manufactures  was  so  clear  that 
acquiescence  in  it  was  impossible.  The  chair 
man  of  the  committee  on  public  lands  irniiiLdj. 
ately  moved  its  reference  to  that  eoinniittci  • 
and  although  there  was  a  majority  for  it  in  tli,. 
Senate,  and  for  the  bill  as  it  came  from  thu  com- 
mittee on  manufactures,  yet  the  reference  wa, 
immediately  voted  ;  and  Mr.  Clay's  report  .iikj 
bill  sent  to  that  committee,  invested  witii  {.'cn. 
eral  authority  over  the  whole  subject.  That 
committee,  through  its  chairman,  Mr.  Kin"  of  j 
Alabama,  made  a  counter  report,  from  wliidi 
some  extracts  arc  here  given : 

"  The  committee  ventures  to  suggest  that  the  i 
view  which  the  committee  on  manufactures  lias 
taken  of  the  federal  domain,  is  fundamental  I  v 
erroneous ;   that  it  has  misconceived  the  trn  ■  I 
principles  of  national  policy  with  respect  to  wiifj  ] 
lands ;  and,  from  this  fundamental  niii-tnke  ;iii<l 
radical  misconception,  have  resulted  the  print  j 
errors  which  pervade  the  whole  structure  ol 
their  report  and  bill. 

'•  The  committee  on  manufactures  seem  to  I 
contemplate  the  federal  domain  merely  as  an  j 
object  of  revenue,  and  to  look  for  that  reveniu' 
solely  from  the  receivers  of  the  land  offices :  | 
when  the  science  of  political  economy  has  ascer- 
tained such  a  fund  to  be  chiefly,  if  not  exchi- 
sively,  valuable  under  the  aspect  of  population 
and  cultivation,  and  the  eventual  extraction  ul  | 
revenue  from  tlie  people  in  its  customary  nioiie 
of  taxes  and  imposts. 

"  The  celebrated  £dmund  Burke  is  supposed  I 
to  have  expressed  the  sum  total  of  political  wi- 1 
dom  on  this  subject,  in  his  well-known  projio?!- 
tions  to  convert  the  forest  lands  of  the  British  I 
crown  into  private  property ;  and  this  commit- 
tee, to  spare  themselves  further  argument,  and 
to  extinguish  at  once  a  political  fallacy  whicli  | 
ought  not  to  have  been  broached  in  the  nini- 
teenth  century,  will  make  a  brief  quotation  (Voi 
the  speech  of  that  eminent  man. 

i' '  The  revenue  to  be  derived  from  the  sale  of  I 
the  forest  lands  will  not  be  so  considerable  as 
many  have  imagined ;  and  I  conceive  it  wouM 
be  unwise  to  screw  it  up  to  the  utmost,  or  even 
to  suffer  bidders  to  enhance,  according  to  tiieii  | 
eagerness,  the  purchase  of  objects  wherein  the 
expense  of  that  purchase  may  weaken  the  capi- 
tal to  be  employed  in  their  cultivation.  *    *   ' 
The  principal  revenue  which  I  propose  to  draw 
from  these  uncultivated  wastes,  is  to  spring  I'roiu  | 
the  improvement  and  cultivation  of  the  kingdom 


ANXO  ISaj.     ANI»UK\V  JACKSOV.  PU|-,sn)KNT. 


,f  ■ 


■'ely  more  advnntapTO'is  fo  tlio  rcvo- 
ice  ••'  rown.  tlian  tho  n-nts  of  the  U>st 

lainloii  '.  >'S  which  it  can  h«M.  ♦  •  •  » 
li  is  thi'.  !iat  I  would  dispose  of  the-  unprotita- 
|,le  lanilcvl  estates  of  the  Crown — throw  them 
jiiio  tlic  mass  of  private  proiwrty — l>y  wliich 
ihey  will  come,  throuph  the  course  of  cireula- 
lioii.  and  throuph  the  political  secretions  of  the 
state,  into  well-regulated  revenue.  ♦  ♦  ♦  ♦ 
flius  would  full  an  expensive  agency,  with  all 
!l,e  influence  which  attends  it.' 

•■  Tills  committee  takes  leave  to  say  that  the 
tentinicnts  here  expressed  hy  Mr.  Hurkc  are  the 
i;i,«|)irations  of  political  wisdom;  that  their  truth 
jiitl  justice  have  been  tested  in  all  apes  and  all 
foiintrics,  and  particularly  in  our  own  ap:e  and 
ill  our  own  country.  Tho  history  of  tho  public 
l\n(l.s  of  the  United  States  furnishes  the  most 
instructive  lessons  of  the  inutility  of  sales,  the 
value  of  cultivation,  and  the  fallacy  of  large  cal- 
culations. These  lands  wore  expected,  at  the 
time  they  wore  acquired  by  tho  United  States,  to 
|,ay  otf  the  public  debt  immediately,  to  support 
the  povernment,  and  to  furnish  large  surplusses 
fur  distribution.  Calculations  for  a  thousand 
millions  were  made  upon  them,  and  a  charge  of 
ircachery  was  raised  against  General  Hamilton, 
then  Secretary  of  the  Treasury,  for  his  report  in 
iliL-year  1791,  in  which  the  fallacy  of  all  these 
visionary  calculations  was  exposed,  and  the  real 
value  of  the  lands  soberly  sot  down  at  an  aver- 
age of  twenty  cents  per  acre.  Yet,  after  an  ex- 
]nriment  of  nearly  fifty  years,  it  is  found  that 
the  sales  of  the  public  lands,  so  far  from  paying 
the  public  debt,  have  barely  defrayed  the  ex- 
piiises  of  managing  the  lands ;  while  the  rcvc- 
ime  derived  from  cultivation  has  paid  both  prin- 
cipal and  interest  of  the  debts  of  two  wars,  and 
supported  the  federal  government  in  a  style  of 
expenditure  infinitely  beyond  the  conceptions  of 
those  who  established  it.  Tho  gross  proceeds 
of  the  sales  are  but  thirty-eight  millions  of  dol- 
lars, from  which  the  large  expenses  of  the  sys- 
tem are  to  be  deducted ;  while  the  clear  receipts 
from  the  customs,  after  paying  all  expenses  of 
rollection,  amount  to  $556,443,830.  This  im- 
mense amount  of  revenue  springs  from  the  use 
of  soil  reduced  to  private  property.  For  the 
duties  are  derived  from  imported  goods;  the 
poods  are  received  in  exchange  for  exports ;  and 
the  exports,  with  a  small  deduction  for  the  pro- 
ducts of  the  sea,  are  the  produce  of  the  farm 
and  the  forest.  This  is  a  striking  view,  but 
it  is  only  one  half  of  the  picture.  The  other 
half  must  be  shown,  and  will  diiplay  the  culti- 
vation  of  the  soil,  in  its  immense  exports,  as 
dving  birth  to  commerce  and  navigation,  and 
supplying  employment  to  all  the  trades  and 
professions  connected  with  these  two  grand 
branches  of  national  industry ;  while  the  busi- 
ness of  selling  the  land  is  a  meagre  and  barren 
operation,  auxiliary  to  no  useful  occupation,  in- 
juiious  to  tho  young  States,  by  exhausting  them 
of  their  currency,  and  extending  the  patronage 
of  the  federal  government  in  the  complicated 


marhinery  of  the  land  offlre  department,  .'^uch 
ha.s  In-en  the  ditleronce  iK'tween  the  revenue  re- 
reive*!  from  the  sales  and  fioin  the  cultiviitinn 
of  the  liin<l ;  but  no  |>owers  of  c<iltivation  can 
carry  out  the  diU'frenro,  and  show  what  it  will 
be:  for,  while  the  sale  of  the  land  is  a  siuirle 
oiHration,  an<l  can  be  performed  but  once,  the 
extraction  of  revenue  from  its  eultivatiou  is  an 
annual  ami  iHTjR'tual  process,  incri>asing  in  pro- 
ductivene.ss  throufrh  all  time,  with  the  increa.<e 
of  population,  the  amelioration  of  soils,  the  iin- 
pnjvement  of  the  country,  and  tho  application 
of  science  to  the  industrial  pursuits. 

'•  This  committee  have  said  that  the  bill  re- 
ported by  the  Committee  on  Manufactures,  to 
divide  the  proceeds  of  the  .sales  of  public  land^ 
among  the  .several  States,  for  a  limited  time,  is  a 
bill  wholly  inadmissible  in  principle,  and  es.-en- 
tially  erroneous  in  its  details. 

'•  They  object  to  the  principle  of  the  bill,  be- 
cause it  proposes  to  change — and  that  most  in- 
J!iriously  and  fatally  for  the  new  State.s,  the 
character  of  their  relation  to  the  federal  govern- 
ment, on  the  suliject  of  the  public  lands.  That 
relation,  at  present,  impo.ses  on  the  federal  go- 
vernment the  character  of  a  tnistee.  with  the 
power  and  the  duty  of  disposing  of  the  pul)lic 
lands  in  a  liberal  and  equitable  manner.  The 
principle  of  the  bill  proposes  to  substitute  an 
individual  State  interest  in  the  lands,  and  woidd 
be  perfectly  equivalent  to  a  division  of  the  lands 
among  the  States ;  for,  the  power  of  legislation 
being  left  in  their  hands,  with  a  direct  interest 
in  their  sales,  the  old  and  populous  States  would 
necessarily  consider  the  lands  as  their  own,  and 
govern  their  legislation  accordingly.  Sales 
would  be  forbid  or  allowed  ;  surveys  stopped  or 
advanced  ;  prices  raised  or  lowered  ;  donatiors 
given  or  denied ;  old  French  and  Spanish  cl'-ims 
confirmed  or  rejected ;  settlers  oustetl ;  emigra- 
tions stopped,  precisely  as  it  suited  the  interest 
of  the  old  States ;  and  this  interest,  in  every  in- 
stance, would  be  precisely  opposite  to  the  inte- 
rest of  the  new  States.  In  vain  would  some  just 
men  wish  to  act  equitably  by  these  new  States ; 
their  generous  eflbrts  would  expose  them  to  at- 
tacks at  home.  A  new  head  of  electioneering 
would  be  opened;  candidates  for  Congre.sfe  would 
rack  their  imaginations,  and  exhaust  their  arith- 
metic, in  the  invention  and  display  of  rival  pro- 
jects for  the  extraction  of  gold  from  the  new 
States  ;  and  he  that  would  promise  best  for  pro- 
moting the  emigration  of  dollars  from  the  new 
States,  and  preventing  the  emigration  of  people 
to  them,  would  be  considered  the  best  qualified 
for  federal  legislation.  If  this  plan  of  distribu- 
tion had  been  in  force  heretofore,  the  price  of 
the  public  lands  would  not  have  been  reduced, 
in  1819-'20,  nor  the  relief  laws  passed,  which 
exonerated  the  new  States  from  a  debt  of  near 
twenty  millions  of  dollars.  If  adopted  now, 
these  States  may  bid  adieu  to  their  sovereignty 
and  independence !  They  will  become  the  feu- 
datory vassals  of  the  paramount  States  !  Their 
subjection  and  dependence  will  be  without  limit 


•f,; 


278 


'IIIII'.TV  YKAIirs*  VIEW. 


(ir  n'liu'lly.  'I'ho  (Ivo  yenrs  nivntioiieil  in  the 
liill  Imil  ar*  well  !«•  llfly  or  five  hunilnd.  'l\w 
Miit(!  tlint  would  8iirri'inltT  its  Hovi'rt'i)iiity,  for 
It'll  |M'r  cintiim  of  its  own  money,  would  filijim- 
till' Colly  of  Ksjiu,  and  iKConie  a  proveri)  in  thu 
luniai.s  of  folly  with  thone  who  have  sold  their 
birthright  for  '  a  mess  of  iM)ttiigc.'  " 

After  these  general  objections  to  the  princijile 
ntid  policy  of  the  distribtition  project,  the  report 
of  the  Committee  on  Public  Lands  went  on  to 
hliow  its  defects,  in  detail,  and  to  exhibit  the 
special  injuries  to  wliich  it  would  subject  the 
new  .States,  in  which  the  public  lands  lay.  It, 
Raid : 

"  The  details  of  the  bill  are  prcgn;>nt  with  in- 
justice and  unsound  policy. 

"  1.  The  rule  of  distribution  amonp:  the  States 
makes  no  distinction  between  those  States  which 
(lid  or  did  not  make  cessions  of  their  vacant  land 
to  the  federal  government.  Massachusetts  and 
Maine,  which  are  now  selling  and  enjoying  their 
vacant  lands  in  tlieir  own  right,  and  Connecti- 
cut, which  received  a  deed  for  two  millions  of 
acres  from  the  federal  government,  and  sold  them 
for  her  own  benefit,  are  put  upon  an  equal  foot- 
ing with  Virginia,  which  ceded  the  immense  do- 
main which  lies  in  the  forks  of  the  Ohio  and 
Missis.sippi,  and  Georgia,  which  ceded  territory 
for  two  States.    This  is  manifestly  unjust 

"2.  Tiie  bill  propo.ses  benefit?  to  some  of  the 
States,  which  they  cannot  receive  without  dis- 
honor, nor  lefuse  without  pecuniary  prejudice. 
Si!veral  States  deny  the  power  of  the  federal 
government  to  ai)propriate  tlie  i)ublic  moneys  to 
oSjects  of  internal  improvement  or  to  coloniza- 
tion A  refusal  to  accept  their  dividends  would 
subject  such  Stiites  to  loss ;  to  receive  them, 
would  imi)ly  a  sale  of  their  constitutional  prin- 
ciples for  so  much  money.  Considerations  con- 
nected with  the  harmony  and  perpetuity  of  our 
confederacy  should  forbid  any  State  to  be  com- 
pelled to  choose  between  such  alternatives. 

"3.  The  public  lands,  in  great  part,  were 
granted  to  the  federal  government  to  jiay  the 
debts  of  the  Revolutionary  War ;  it  is  notorious 
that  other  objects  of  revenue,  to  wit.  duties  on 
imported  goods,  have  chiefly  paid  that  debt.  It 
would  seem,  then,  to  be  just  to  the  donors  of  the 
land,  after  having  taxed  them  in  other  ways  to 
pay  the  debt,  that  the  land  should  go  in  relief 
of  their  present  taxes  ;  and  that,  so  long  as  any 
revenue  may  bo  derived  from  them,  it  should  go 
into  the  common  treiisury,  and  diminish,  by  so 
much,  the  amount  of  their  annual  contributions. 

"  4.  The  colonization  of  free  people  of  color, 
on  the  western  coast  of  Africa,  is  a  delicate 
question  for  Congress  to  touch.  It  connects  it- 
self indissolubly  with  the  slave  (piestion,  and 
cannot  be  agitated  by  the  federal  legislature, 
without  rousing  and  alarming  the  apprehensions 
of  all  the  ttlaveholding  States,  and  lighting  up 
the  fires  of  tlie  extinguished  couilagratioD  which 


lately  blazed  in  the  MisRnuri  f|ucstioii.  i)^ 
harmony  of  the  Slates,  and  thednraliilitv  of  t)  V 
confederacy,  interdict  tlie  legislation  of  flio  (,,,|,,' 
ral  legishiture  upon  this  subject.  'I'licc.xisti  i,,.,. ' 
of  slavery  in  the  l'nite<l  States  is  1<k-ji1  ninl  s, ,,, 
tional.  It  is  confined  to  the  Southern  iiml  .^|j,l. 
die  States.  If  it  is  an  evil,  it  i.-<  nn  tvil  to  tin n, 
and  it  is  their  fmsincss  to  say  so.  If  it  is  to  l,! 
removed,  it  is  their  business  to  remove  it.  Otlirc 
States  put  an  end  to  slavery,  at  their  own  tim,. 
and  in  their  own  way,  and  witfiout  inti rftn nrj 
from  federal  or  State  legislation,  or  organizid .-(,. 
cieties.  The  rights  of  equality  demand,  f<,v  tie 
remaining  States,  the  same  freedom  of  tlioii-l,t 
and  immunity  of  action.  Instead  of  assuiiMn,, 
the  business  of  colonization,  leave  it  to  the  A:\\'. 
holding  States  to  do  as  they  jtlease  ;  ami  leu,, 
them  their  resources  to  carry  into  effect  tluir 
resolves.  Raise  no  more  money  from  them  than 
the  exigencies  of  the  government  require.  aii.| 
then  they  will  have  the  means,  if  they  feel  tli.i 
inclination,  to  rid  themselves  of  a  burden  whidi 
it  is  theirs  to  bear  and  theirs  to  remove. 

"5.  The  sum  proposed  for  distribution,  thoupli 
nominally  to  c-  nsist  of  the  net  proceeds  of  tin.. 
sales  of  the  public  lands,  is,  in  realit}',  to  coiisi>t  | 
of  their  gross  proceeds.    The  term  net,  a,s  aii- 
plied  to  revenue  from  land  ollices  or  cu.stoin- 1 
hon.«e3,   is  quite  diflerent.    In  the  latter,  its  | 
signification  corresponds  with  the  fact,  and  im- 
plies a  deduction  of  all  the  expenses  of  collection  ■  I 
in  the  former,  it  ha.s  no  such  iiniilication,  for  tin;  I 
expenses  of  the  land  system  are  defrayed  by  a-i- 1 
propriations  out  of  the  treasury.     To  make  tlie  I 
whole  snm  received  from  the  land  offices  n  hiA  I 
for  distribution,  would  be  to  devolve  the  lieavv| 
expenses  of  the  land  system  upon  the  custoni- 
house  revenue :  in  other  words,  to  take  so  mucii  | 
from  the  custom-hou.se  revenue  to  be  dividnl 
among  the  States.     This  would  be  no  sranlil 
item.    According  to  the  principles  of  the  nccoimt 
rlrawn  up  against  the  lands,  it  would  embrace— | 

"  1 .  Expenses  of  the  general  land  office. 

"  2.  Appropriations  for  surveying. 

"  3.  Expenses  of  six  surveyor  generals'  oiTicos,  I 

"  4.  Expenses  of  forty-four  land  offices. 

"  5.  Salaries  of  eighty-eight  registers  and  re- 
ceivers. 

"  C.  Commissions  on  sales  to  registers  and  re-| 
ceivers. 

"7.  Allowance  to    receivers    for   depiisitin^ 
money. 

"  8.  Interest  on  money  paid  for  extinguishing 
Indian  titles. 

'^9.  Annuities  to  Indians. 

"  10.  Future  Indian  treaties  for  extiuguishin::| 
title. 

"11.  Expenses  of  annual  removal  of  Indi.in* 

"These  items  exceed  a  million  of  dollars.  TiieTl 
are  on  the  increase,  and  will  continue  to  grow  atl 
least  until  the  one  hundred  and  thirteen  millionl 
five  hundred  and  seventy-seven  thousand  ciplitj 
hundred  and  sixty-nine  acres  of  land  within  tliol 
limits  of  the  States  and  territories  now  covcml 
by  Indian  title  shall  be  released  from  such  titk,! 


I  improvement,  to 


ANNO  1832.     ANDUKW  JACKSON,  PKH'iIDKNT 


279 


yho  nduction  of  thi'.»o  items,  prewnt  niul  to 
ci,in(!.  from  the  proposed  fuiui  for  distribution, 
niiist  certainly  bo  ninilo  U)  avoid  a  contrsdii'tion 
UHVit-n  the  profi'ssiiin  and  the  practice  of  the 
l,ill;  andlliis  rcdiution  miRht  leave  little  or  no- 
thinp  for  division  anioiiR  the  distributees.  The 
rtvss  proceeds  of  the  land  sales  for  the  last  year 
Here  larpe  ;  they  exceeded  three  millions  of  dol- 
lirsj  but  they  were  equally  larp;o  twelve  years 

1 1;(),  and  gave  birth  to  .some  extravagant  calcu- 
;,aions  then,  which  vanished  with  a  sudden  de- 
oliiie  of  the  land  revenue  to  less  than  one  mil- 

llion.  The  proceeds  of  1819  were  $3,274,422 ; 
iluisc  of  1823  were  $910,523.  The  excessive 
Niles  twelve  years  ago  resulted  from  the  exces- 
sive issue  of  bank  paper,  while  those  of  1831 
«re  produced  by  the  Fcveral  relief  laws  passed 
bv  Congress.  A  detached  year  is  no  evidence 
of  the  product  of  the  sales ;  an  average  of  a  scries 
of  years  presents  the  only  approximation  to  cor- 
itctness  ;  and  this  average  of  the  last  ten  years 
would  be  about  one  million  and  three  quarters. 
So  that  after  all  cxpen.ses  are  deducted,  with  the 
live  per  centum  now  pa)'able  to  the  new  States, 
tnd  ten  per  centum  proposed  by  the  bill,  there 
may  be  nothing  worth  dividing  among  the  States ; 
artainly  nothing  worth  the  alarm  and  agitation 
irhich  the  assumption  of  the  colonization  ques- 
tion must  excite  among  the  slaveholding  States; 
nothing  worth  the  danger  of  compelling  the  old 
Slates  which  deny  the  power  of  federal  internal 

I  improvement,  to  choose  between  alternatives 
rtich  involve  a  sale  of  their  principles  on  one 
i\k.  or  a  loss  of  their  dividends  on  the  other ; 
certainly  nothing  worth  the  injuiy  to  the  new 
jiates,  which  must  result  from  the  conversion 
of  their  territory  into  the  private  property  of 
those  who  are  to  liave  the  power  of  legislation 
lover  it,  and  a  direct  interest  in  using  that  power 
[to  degrade  and  impoverish  them." 

The  two  sets  of  reports  were  printed  in  extra 
I  numbers,  and  the  distribution  bill  largely  debated 
in  the  Senate,  and  passed  that  body :  but  it  was 
irrested  in  the  House  of  Representatives.  A 
I  motion  to  postpone  it  to  a  day  beyond  the  session 
equivalent  to  rejection — prevailed  by  a  small 
I  majority :  and  thus  this  first  attempt  to  make 
I  liistribution  of  public  property,  was,  for  the 
I  lime,  gotten  rid  of. 


CHAPTER    LXXI. 

ISETTLEMENT  OF  FKENCII  AND  SPAHI3U    LAND 
CLAIMS. 

Ill  was  now  near  thirty  years  since  the  pro- 
hince  of  Louisiana  had  been  acquired,  and  with 
Ilia  mass  of  population  owning  and  inhabiting 


landn,  the  titles  to  which  in  but  few  inst.imTi 
ever  had  iM-tn  ptrftctcil  into  cf>mplcti' grant";  iwid 
Die  want  of  which  was  not  felt  in  a  mw  country 
wIhto  land  was  a  gratuitous  gift  to  evtry  culti- 
vator, and  where  the  government  was  more 
anxious  for  cultivation  than  the  people  were  to 
give  it.  The  transfer  of  the  province  fi-om  FnuKc 
and  Si)ain  to  tlie  United  Suites,  found  the  ma.-s 
of  the  land  titles  in  an  inchoate  state;  and  com- 
ing under  a  government  which  made  merchundiso 
out  of  the  soil,  and  among  a  people  who  had  the 
Anglo-Saxon  avidity  for  landed  property,  some 
legislation  and  tribunal  was  nccessaiy  to  scjHirate 
the  perfect  from  the  imperfect  titles  ;  ami  to 
provide  for  the  examination  and  perfection  of  the 
latter.  The  treaty  of  cession  protected  every 
thing  that  was  "property;"  and  an  inchoate  title 
fell  as  well  within  that  category  as  a  perfect 
one.  Without  the  treaty  stipulation  the  law  of 
nations  would  have  operated  the  same  protec- 
tion, and  to  the  same  degree ;  and  that  in  the 
case  of  a  conquered  a.s  well  as  of  a  ceded  people. 
The  principle  was  acknowledged :  the  question 
was  to  apply  it,  and  to  carry  out  the  imperfect  titles 
as  the  ceding  government  would  have  done,  if  it 
had  continued.  This  was  attempted  through 
boards  of  commissioner*,  placed  under  limita- 
tions and  restrictions,  which  cut  off  masses  of 
claims  to  which  there  was  no  objection  except 
in  the  confirming  law ;  and  with  the  obligiition 
of  reporting  to  Congress  for  its  sanction  the 
claims  which  it  found  entitled  to  confirmation : 
— a  condition  which,  in  the  distance  of  the 
lands  and  claimants  from  the  seat  of  government, 
their  ignorance  of  our  laws  and  customs,  their 
habitude  to  pay  for  justice,  and  their  natural  dis- 
trust of  a  new  i.nd  alien  domination,  was  equiv- 
alent in  its  cfiects  to  the  total  confiscation  of 
most  of  the  smaller  claims,  and  the  quarter  or 
the  half  confiscation  of  the  larger  ones  in  the 
division  they  were  compelled  to  make  with 
agents — or  in  the  forced  sales  which  despair,  or 
necessity  forced  upon  them.  This  state  of  things 
had  been  going  on  for  almost  thirty  years  in  all 
Louisiana — ameliorated  occasionally  by  slight 
enlargements  of  the  powers  of  the  boards,  and 
afterwards  of  the  courts  to  which  the  business 
was  transferred,  but  failing  at  two  essential 
points,^rs/,  of  acknowledging  the  validity  of  all 
claims  which  might  in  fact  hare  been  completed 
if  the  French  or  Spanish  government  had  con- 
tinued under  which  they  originated ;  secondly 


!»,       J 


\,V 


."if    -'•  *A 


\    ■"?. 


280 


THIRTY  YEARS'  VIEW. 


in  not  providing  a  clienp,  siKiedy  and  hjcal  tri- 
titinal  to  decide  siinunariiy  up<jn  c!aini»,  and 
dtfinitivcly  when  tlicir  decisions  were  in  their 
favor. 

In  tlii.s  year — but  after  an  immense  number 
of  [teople  hud  la'cn  ruined,  and  after  tlie  country 
had  l)een  afliicted  for  a  generation  witli  the  curse 
of  unsettled  land  titles — an  net  was  passed, 
founded  on  the  principle  which  the  case  rcipnrcd, 
and  apjiroximating  to  the  process  which  was 
necessary  to  give  it  effect.  The  act  of  ]  832  ad- 
mitted the  validity  of  all  inchoate  claims — all 
that  might  in  fact  have  been  perfected  under  the 
previous  governments ;  and  established  a  local 
tribunal  to  decide  on  the  spot,  making  two 
classes  of  claims — one  coming  under  the  f  rinci- 
ple  acknowledged,  the  other  not  coming  under 
that  principle,  and  destitute  of  merit  in  law  or 
equity — but  with  the  ultimate  reference  of  their 
decisions  to  Congress  for  its  final  sanction.  The 
principle  of  the  act,  and  its  mode  of  operation, 
was  contained  in  the  first  section,  and  in  these 
words : 

"  That  it  shall  be  the  duty  of  the  recorder  of 
land  titles  in  the  State  of  Missouri,  and  two 
commissioners  to  be  appointed  by  the  President 
of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  examine  all  the  uncon- 
firmed claims  to  land  in  that  State,  heretofore 
filed  in  the  office  of  the  said  recorder,  according 
to  law,  founded  upon  any  incomplete  grant,  con- 
cession, warrant,  or  order  of  survey,  issued  by 
the  authority  of  France  or  Spain,  prior  to  the 
tenth  day  of  March,  one  thousand  eight  hun- 
dred and  four ;  and  to  class  the  same  bo  as  to 
show,  first,  what  claims,  in  their  opinion,  would, 
in  fact,  have  been  confirmed,  according  to  the 
laws,  usages,  and  customs  of  the  Spanish  gov- 
ernment, and  the  practices  of  the  Spanish  au- 
thorities under  them^  at  New  Orleans,  if  the 
government  under  which  said  claims  originated 
had  continued  in  Missouri ;  and  secondly,  what 
claims,  in  their  opinion,  are  destitute  of  merit, 
in  law  or  equity,  under  such  laws,  usages,  cus- 
toms, and  practice  of  the  Spanish  authorities 
aforesaid ;  and  shall  also  assign  their  reasons  for 
the  opinions  so  to  be  given.  And  in  examining 
and  classing  such  claims,  the  recorder  and  com- 
missioners shall  take  into  consideration,  as  well 
the  testimony  heretofore  taken  by  the  boards 
of  commissioners  and  recorder  of  land  titles 
upon  those  claims,  as  such  other  testimony  as 
may  be  admissible  under  the  rules  heretofore 
existing  for  taking  such  testimony  before  said 
boards  and  recorder:  and  all  such  testimony 
shall  be  taken  within  twelve  months  after  the 
passage  of  this  act." 

Under  this  act  a  thirty  years'  disturbance  of 


land  titles  was  closed  (nearly),  in  that  part  of 
Upper  Louisiana,  now  constituting  the  Sfat«»  of 
Missouri.  The  commissioners  executed  tlio  tr\ 
in  the  liltcral  spirit  of  its  own  enactment,  an.l 
Congress  confirmed  all  they  classed  as  coinin- 
under  the  principles  of  the  act.  In  other  part> 
of  Ijouisiana,  and  in  Florida,  the  same  harassin- 
and  ruinous  process  had  been  gone  through  in 
respect  to  the  claims  of  foreign  origin — limita- 
tions, as  in  Missouri,  upon  the  kind  of  claims 
which  might  bo  confirmed,  excluding  minemls 
and  saline  waters — limitations  upon  the  quanti- 
ty to  bo  confirmed,  so  as  to  split  or  grant,  anil 
divide  it  Ixitwecn  the  grantee  and  the  govern- 
ment— the  former  having  to  divide  again  witli 
an  agent  or  attorney — and  limitations  upon  tin 
inception  of  the  titles  which  might  bo  examined. 
so  as  to  confine  the  origination  to  particular 
officers,  and  forms.  The  act  conformed  to  all 
previous  ones,  of  requiring  no  examination  of  a 
title  which  was  complete  under  the  previous 
governments. 


CHAPTER    LXXII. 

"EFFECTS  OF  THE  VETO."  r 

Under  this  caption  a  general  register  com- 
menced in  all  the  newspapers  opposed  to  tlie 
election  of  General  Jackson  (and  they  were  a 
great  majority  of  the  whole  number  published), 
immediately  after  the  delivery  of  the  veto  mes- 
sage, and  were  continued  down  to  the  day  of 
election,  all  tending  to  show  the  disastrous  con- 
sequences upon  the  business  of  the  country,  and 
upon  his  own  popularity,  resulting  from  that 
act.  To  judge  from  these  items  it  would  seem 
that  the  property  of  the  country  was  nearly 
destroyed,  and  the  General's  popularity  entirely ; 
and  that  both  were  to  remain  in  that  state  un- 
til the  bank  was  rechartered.  Their  character 
was  to  show  the  decline  which  had  taken  place 
in  the  price  of  labor,  produce,  and  property— the 
stoppage  and  suspension  of  buildings,  improve- 
ments, and  useful  enterprises — the  rcnunciatioi. 
of  the  President  by  his  old  friends — the  scarcity 
of  money  and  the  high  rate  of  interest — and  the 
consequent  pervading  distress  of  the  whole  com- 
munity. These  lugubrious  memorandums  of 
calamities  produced  by  the  conduct  of  one  mac 


AN'XO  1832.     ANDREW  JACKSON,  PRESIDENT. 


281 


«rc  duly  oUccted  from  tlio  pnptTs  in  which  | 
they  were  chroniclitl  ami  rt'fjistcnd  in  '•  Nilcs'  i 
Kej;i«t'  i,"  for  the  infomiation  of  pfmtority  ;  ami  | 
t  few  items  now  Btk-cteil  from  tlic  (teneral  rc^rin-  ] 
trttion  will  show  to  what  extent  this  busines."! 
of  distressing  the  country — (taking  the  facts  to 
he  true),  or  of  alarming  it  (taking  them  to  bu 
fai.-w))  ^"^^  carrioii  by  the  great  moneyed  corjio- 
ration.  which,  according  to  its  own  showing,  had 
power  to  destroy  all   local  banks;  and  conse- 
quently to   injure  the   whole  business  of  the 
community.     The  following  arc  a  few  of  these 
items — a  small  number  of  each  class,  by  way  of 
^howing  the  character  of  the  whole : 

"  On  the  day  of  the  receipt  of  the  President's 
hank  veto  in  New- York,  four  hundred  and  thir- 
tv-seven  shares  of  United  States  Bank  stock 
ffcre  sold  at  a  decline  of  four  per  centum  from 
the  rates  of  the  preceding  day.    We  learn  from 
Cincinnati  that,  within  two  days  after  the  veto 
reached  that  city,  building-bricks  fell  from  five 
dollars  to  three  dollars  per  thousand.  A  general 
consternation  is  represented  to  have  pervaded 
the  city.    An  intelligent  friend  of  General  Jack- 
lion,  at  Cincinnati,  states,  as  the  opinion  of  the 
best  informed  men  there,  that  the  veto  has 
caused  a  depreciation  of  the  real  estate  of  the 
city,  of  from  twenty-five  to  thirty-three  and 
one  third  per  cent." — "A  thousand  people  as- 
semblefl  at   Richmond,  Kentucky,  to  protest 
f^ninst  the  veto." — "  The  veto  reached  a  meeting 
of  citizens,  in  Mason  county,  Kentucky,  which  had 
assembled  to  hear  the  speeches  of  the  opposing 
candidates  for  the  legislature,  on  which  two  of 
the  administration  candidates  immediately  with- 
drew themselves  from  the  contest,  declaring  that 
they  could  support  the  administration  no  long- 
iT.'*— "  Lexington,  Kentucky :  July  25th.  A  call, 
signed  by  fifty  citizens  of  great  respectability, 
formerly  supporters  of  General  Jackson,  an- 
nounced their  renunciation  of  him,  and  invited 
all,  others,  in  the  like  situation  vrith  themselves, 
to  assemble  in  public  meeting  and  declare  their 
Eontiments.    A  large  and  very  respectable  meet- 
ing ensued." — "  Louisville,  Kentucky :  July  18. 
Forty  citizens,  ex-friends  of  General  Jackson, 
called  a  meeting,  to  express  their  sentiments  on 
the  veto,  declaring  that  they  could  no  longer 
eupport  him.    In  consequence,  one  of  the  largest 
meetings  ever  held  in  Louisville  was  convened, 
and  condemned  the  veto,  the  anti-tariff  and  anti- 
internal  improvement  policy  of  General  Jackson, 
and  accused  him  of  a  breach  of  promise,  in  be- 
coming a  second  time  a  candidate  for  the  Presi- 
dency."— "At  Pittsburg,  seventy  former  friends 
of  General  Jackson  called  a  meeting  of  those 
who  had  renounced  him,  which  was  numerously 
and  respectably  attended,  the  veto  condemned, 
and  the  bank  applauded  as  necessary  to  the  pros- 
perity of.the  country." — "  Irish  meeting  in  Phi- 


ladcliihia.  A  mil,  sipiie<l  by  nliovo  two  th<Hi.<nnd 
nntiirnlizi'd  Irifhinon,  Focfiliiig  from  (it'iioml 
.Jackson,  inviti^l  their  fi'llmv-rountrymfn  to 
niet't  mid  chf)Oiie  In'twecn  the  tyrant  and  tlio 
bank,  and  gave  ri»<e  to  a  nunuTous  Hssoniblnp- 
in  Indrjiondeiice  S(inaro,  at  which  strong  resolu- 
tions wt-re  n<Iopte<l,  renoiinring  Jni'kson  and  his 
measures.  op|tosing  his  riMMectionniid  siistninin;; 
the  bank." — '•  The  New  Orleans  enijiorium  men- 
tions, among  othtr  deleterious  efiirts  of  the  bank 
veto,  at  that  place,  that  one  of  the  State  banks 
had  already  commenced  discotiiiting  four  months' 
paper,  at  eight  per  centum." — "  Ciiirinnati  far- 
mers look  here !  We  are  crcflibly  infonned  that 
several  merchants  in  this  city,  in  making  con- 
tracts for  their  winter  supplies  of  pork,  are  of- 
fering to  contract  to  pay  two  dollars  fifty  cents 
per  hundred,  if  Clay  is  elected,  ami  one  dollar 
fifty  cents,  if  Jackson  is  elected.  Siirh  is  the 
effect  of  the  veto.  This  is  something  that  peo- 
ple can  understand." — "Baltimore.  A  great 
many  mechanics  arc  thrown  out  of  employment 
by  the  stoppage  of  building.  The  prosjiect 
ahead  is,  that  wc  shall  have  a  very  distrcs.sing 
winter.  There  will  be  a  swift  reduction  of  prices 
to  the  laboring  classes.  Many  who  subsisted 
upon  labor,  will  lack  regular  cmploj-ment,  and 
have  to  depend  upon  chance  or  charity ;  and 
many  will  go  suppcrlcss  to  bed  who  deserve  to 
bo  filled." — "Cincinnati.  Facts  are  stubborn 
things.  It  is  a  fact  that,  last  year,  before  this 
time,  ^300,000  had  been  advanced,  by  citizens  of 
this  place,  to  farmers  for  pork,  and  now,  not  one 
dollar.  So  much  for  the  veto." — "  Brownsville, 
Pennsylvania.  AVe  understand,  that  a  large 
manufacturer  has  discharged  all  his  hands,  and 
others  have  given  notice  to  do  so.  We  under- 
stand, that  not  a  single  steamboat  will  be  built 
this  season,  at  Wheeling,  Pittsburg,  or  Louis- 
ville."— "Niles'  Register  editorial.  No  King 
of  England  has  dared  a  practical  use  of  the  word 
'  veto,'  for  about  two  hundred  years,  or  more ; 
and  it  has  become  obsolete  in  the  United  King- 
dom of  Great  Britain ;  and  Louis  Philippe  would 
hardly  retain  his  crown  three  days,  were  he  to 
veto  a  deliberate  act  of  the  two  French  Cham- 
bers, though  supported  by  an  army  of  100,000 
men." 

All  this  distress  and  alarm,  real  and  factitious, 
was  according  to  the  programme  which  pre- 
scribed it,  and  easily  done  by  the  bank,  and  its 
branches  in  the  States :  its  connection  with  mo- 
ney-dealers and  brokers;  its  power  over  its 
debtors,  and  its  power  over  the  thousand  local 
banks,  which  it  could  destroy  by  an  exertion  of 
its  strength,  or  raise  up  by  an  extension  of  its 
favor.  It  was  a  wicked  and  infamous  attempt, 
on  the  part  of  the  great  moneyed  corporation, 
to  govern  the  election  by  operating  on  the  busi- 
ness and  the  fears  of  the  people— destroying 
some  and  alarming  others. 


282 


THIRTY  YEAI13'  VIEW. 


CIIAPTKIl     LXXIII. 

piie»ii>i:n'ti AL  KLKCTioN  oK  isaa. 

Ghnkual  Jaikson  and  Mr.  Van  Huron  were 
the  candidatCH,  on  one  eido  ;  Mr.  CIny  and  Mr. 
Jolin  Sergeant,  of  I'cnnHylvania,  on  tlio  otlier, 
and  the  result  of  no  election  had  ever  been  look- 
ed tu  with  more  Eollcitudc.  It  was  a  question 
of  systems  and  of  measures,  and  .ried  in  the 
persons  of  men  who  stood  out  boldly  and  un- 
equivocally in  tlio  representation  of  their  re- 
spective sideH.  Kenowal  of  the  national  bank 
charter,  continuance  of  the  high  protective  po- 
licy, distrilmtion  of  the  public  land  money,  in- 
ternal improvement  by  the  federal  government, 
removal  of  the  Indians,  interference  between 
Georgia  and  the  Cherokees,  and  the  whole  Ame- 
rican systbm  were  staked  on  the  issue,  repre- 
sented on  one  side  by  Mr.  Clay  and  Mr.  Sergeant, 
and  opposed,  on  the  other,  by  General  Jackson 
and  Mr.  Van  Buren.  The  defeat  of  Mr.  Clay, 
and  the  consequent  condemnation  of  his  mea- 
sures, was  complete  and  overwhelming.  He 
received  but  forty-nine  votes  out  of  a  totality  of 
two  hundred  and  eighty-eight !  And  this  re- 
sult is  not  to  be  attributed,  as  done  by  Alons. 
de  Tocquevillo,  to  military  fame.  General  Jack- 
son was  now  a  tried  statesman,  and  great  issues 
were  made  in  his  person,  and  discussed  in  every 
form  of  siwcch  and  writing,  and  in  every  foruu, 
State,  and  federal — from  the  halls  of  Congress 
to  township  meetings — and  his  success  was  not 
only  triumphant  but  progressive.  His  vote  was 
a  large  incicase  upon  the  preceding  one  of  1828, 
as  that  itself  had  been  upon  the  previous  one 
of  1824.  The  result  was  hailed  with  general 
satisfaction,  as  settling  questions  of  national  dis- 
turbance, and  leaving  a  clear  field,  as  it  was 
hoped,  for  future  temperate  and  useful  legisla- 
tion. The  vice-i)residential  election,  also,  had 
a  point  and  a  lesson  in  it  Besides  concur- 
ring with  General  Jackson  in  his  systems  of 
policy,  Mr.  Van  Buren  had,  in  his  own  person, 
questions  which  concerned  himself,  and  which 
went  to  his  character  as  a  fair  and  honorable 
man.  He  had  been  rejected  by  the  Senate  as 
minister  to  the  court  of  Great  Britain,  under 
circumstances  to  give  eclat  to  the  rejection,  being 
then  at  his  post ;  and  on  accusations  of  prosti- 


tuting official  station  to  party  intrigue  and  tl,.. 
vntion,  and  humbling  his  country  Ufore  (Jrp.it 
Britain  to  obtain  as  a  favor  what  was  due  m  j 
right.     He  had  also  been  accusid  of  bn'akinjj im 
friendship  between  General  Jackson  and  Mr.  ;'a|. 
houn,  for  the  purpose  of  getting  a  rival  out  r,f 
the  way — contriving  for  that  purjwse  tiie  diss,^ 
lution  of  the  cabinet,  the  resuscitation  of  tl„. 
buried  question  of  the  punishment  of  (Jcncnil 
Jackson  in  Mr.  Monroe's  cabinet,  and  a  syetcm 
of  intrigues  to  destroy  Mr.  Calhoun — all  brouphi 
forward  imposingly  in  senatorial  and  Conprpi-i 
debates,  in  pamphlets  and  periodicals,  and  in 
every  variety  of  speech  and  of  newspaper  pul). 
lication ;  and  all  with  the  avowed  purpcsc  of 
showing  him  unworthy  to  bo  elected  Vice-Prt>. 
sident.    Yet,  he  was  elected—  and  triuraphantly 
— receiving  the  same  vote  with  General  Jack,son 
except  that  of  Pennsylvania,  which  went  to  one 
of  her  own  citizens,  Mr.  William  Wilkins,  thui 
senator  in  Congress,  and  afterwards  Minister  to 
Russia,  and  Secretary  of  War.    Another  circum- 
stance attended  this  election,  of  ominous  charac- 
ter, and  deriving  emphasis  from  the  state  of  tiie 
times.    South  Carolina  refused  to  vote  in  it ' 
that  is  to  say,  voted  with  neither  party,  ami 
threw  away  her  vote  upon  citizens  who  were 
not  candidates,  and  who  received  no  vote  but 
her  own;   namely,  Governor  John  Floyd  of 
Virginia,  and  Mr.  Henry  Lee  of  Massachusetts ; 
a  dereliction  not  to  be  accounted  for  upon  any 
intelligible  or  consistent  reason,  seeing  that  the 
rival  candidates  held  the  opposite  sides  of  the 
system  of  which  the  State  complained,  and  that 
the  success  of  one  was  to  be  its  overthrow ;  of 
the  other,  to  be  its  confirmation.    This  circum- 
stance, coupled  with  the  nullification  attitude 
which  the  State  had  assumed,  gave  significance 
to  this  separation  from  the  other  States  in  the 
matter  of  the  election :  a  separation  too  marked 
not  to  be  noted,  and  interpreted  by  current 
events  too  clearly  to  be  misunderstood.  Another 
circumstance  attended  thi.s  election,  of  a  nature 
not  of  itself  to  command  commemoration,  but 
worthy  to  be  remembered  for  the  lesson  it 
reads  to  all  political  parties  founded  upon  one 
idea,  and  especially  when  that  idea  has  nothing 
political  in  it ;  it  was  the  anti-masonic  vote  of 
the  State  of  Vermont,  for  Mr.  Wirt,  late  United 
States  Attorney-General,  fcr  President ;  and  for 
Mr.  Amos  EUmaker  of  ^  ennsylvonia,  icr  Vice- 
President.    The  cause  of  that  vote  ww  this: 


fmv  years  bc( 
Mr.  Morgan,  a 
loinity,  had  di 
tfhidi  induced  t 
jy  |)ut  to  death, 
vulj,'ing  their  st 
■fTvw  out  of  thi^ 
■.iig  States,  witl 
ind  ail  secret  f 
suppression.    P 
nntj  turned  il 
made  it  potent 
taining  dominio 
elections,  "  anti- 
asm  was  called, 
took  to  govern 
ing  them  to  in 
tlivir  masonic  fa 
didates  of  their 
The  trial  was  i 
Wirt  and  Ellma 
fcven  votes — th 
ill  showing  the 
consequent  inut 
rest  is  soon  told 
have  a  distinctiv 
death,  left  a  less 
cd  in  one  idea — ei 
tiling  political  in 


C  II  A  ] 

nUST  ANNUAL 
BON  AFTE 

This  must  have 
honest  exultati( 
election  after  a  f 
tration,  over  an 
after  having  as: 
and  by  a  majorit 
sage  directed  to 
months  before, '. 
8urcs,  and  consi 
deiunation.  He 
Illation  when  dn 
aright  to  the  e 
that  feeling  aj: 
«'hich,  abstaining 
lion,  wholly  con 


ANXO  1832.     ANDREW  JACKSON.  ritl^IDKNT. 


283 


jiimc  years  before,  b  citizen  of  New-York,  one 
Mr.  .Moipan,  k  memljcr  of  the  Frecmaflon  fra- 
lemity,  had  tlicajipeared,  undor  circiimntancvs 
vihicii  induced  the  Ijelief  that  ho  Imd  been  secn-t- 
iy  put  to  death,  by  order  of  tl»o  society,  for  di- 
vuigin;?  their  secret.  A  great  popular  fenncnt 
.TL'H'out  of  this  belief,  Hprcoding  into  noighbor- 
.11;;  States,  with  an  outcry  against  all  nuuons, 
iDii  ail  secret  societies,  and  a  dcnwnd  for  their 
iuppression.  Politicians  embarked  on  this  cur- 
rent ;  turned  it  into  the  field  of  elections,  and 
made  it  potent  in  governing  many.  After  ob- 
taining dominion  over  so  many  local  and  State 
elections,  "  anti-masonry,"  as  the  new  enthusi- 
asm was  called,  aspired  to  higher  game,  under- 
took to  govern  presidential  candidates,  subject- 
ing them  to  interrogatories  upon  the  point  of 
their  masonic  faith ;  and  eventually  set  up  can- 
didates of  their  own  for  these  two  high  ofSccs. 
The  trial  was  made  in  the  persons  of  Messrs. 
Wirt  and  Ellmakcr,  and  resulted  in  giving  them 
seven  votes — the  vote  of  Vermont  alone — and, 
ill  showing  the  weakness  of  the  party,  and  its 
consequent  inutility  as  a  political  machine.  The 
rest  is  soon  told.  Anti-masonry  soon  ceased  to 
haro  a  distinctive  existence ;  died  out,  and,  in  its 
death,  left  a  lesson  to  all  political  parties  found- 
ed in  one  idea— especially  when  that  idea  has  110- 
tiiing  poUtical  in  it. 


CIIAPTEll   LXXIV. 

riKST  ANNUAL  MESSAGE  OF  PRESIDENT  JACK- 
SON AFTEB  1118  SECOND  ELECTION. 

This  must  have  been  an  occasion  of  great  and 
honest  exultation  to  General  Jackson — ^a  re- 
election after  a  four  years'  trial  of  his  adminis- 
tration, over  an  opposition  so  formidable,  and 
after  having  assumed  responsibilities  so  vast, 
and  by  a  majority  so  triumphant — ^and  his  mes- 
sage directed  to  the  same  members,  who,  four 
months  before,  had  been  denouncing  his  mea- 
sures, and  consignbg  himself  to  popular  con- 
demnation, lie  doubtless  enjoyed  a  feeling  of 
tlation  when  drawing  up  that  message,  and  had 
a  right  to  the  enjoyment ;  but  no  symptom  of 
that  feeling  appeared  in  the  message  itself, 
wiiich,  abstaining  from  all  reference  to  the  elec- 
tion, wholly  coitfined  itself  to  business  topics, 


and  in  the  milMlurd  style  of  a  busintfis  pnpor. 
Of  the  foreign  relations  he  was  nbli'  to  jrive  n 
goo«l,  and  therefnre,  a  briif  account ;  nmi  pre 
cet'ding  ([uickly  to  our  diinii'stic  iiH'itirs  pivo  to 
each  head  of  theco  conceniH  a  ^uL'eill(-t  ckilsIiK- 
ration.  The  Ktate  of  the  lliianceH,  and  the  pub 
lie  debt,  claimed  his  first  attcntluii.  The  re- 
ceipts from  the  cuntoms  wen-  stateil  at  twenty- 
eight  millions  of  dollars — from  the  lands  at  two 
millions — the  payments  on  account  of  the  pub- 
lic debt  at  eighteen  millions ; — uiul  the  balancu 
remaining  to  bo  paid  at  seven  millions — to 
which  the  current  income  would  be  more  than 
adequate  notwithstanding  an  e»tiniate<l  reduc- 
tion of  three  or  four  millions  from  the  customs 
in  consequence  of  reduced  duties  at  the  preced- 
ing session.  lie  closed  this  head  with  the  ful 
lowing  view  of  the  success  of  his  administration 
in  extinguishing  a  national  debt,  and  his  con- 
gratulations to  Congress  on  the  auspicious  and 
rare  event : 

"  I  cannot  too  cordially  congrntulnte  Congress 
and  my  fcllow-citi7x>ns  on  the  near  approach  of 
that  memorable  and  happy  event,  the  extinction 
of  the  public  debt  of  this  great  and  free  nation. 
Faithful  to  the  wise  and  patriotic  policy  marked 
out  by  the  legislation  of  the  country  for  this 
object,  the  present  administration  has  devoted 
to  it  all  the  means  which  a  flourishing  commerce 
has  supplied,  and  a  prudent  economy  preserved, 
for  the  public  treasury.  Within  the  four  years 
for  which  the  people  hf  ve  confided  the  execu- 
tive power  to  my  charge^  fifty-eight  millions  of 
dollars  will  have  been  applied  to  the  payment 
of  the  public  debt.  That  this  has  been  accom- 
plished without  stinting  the  expenditures  for 
all  other  proper  objects,  will  be  seen  by  refer- 
ring to  the  liberal  provision  made,  during  the 
same  period,  for  the  support  and  increase  of  our 
means  of  maritime  and  military  defence,  for  in- 
ternal improvements  of  a  national  character,  for 
the  removal  and  preservation  of  the  Indians^ 
and,  lastly,  for  the  gallant  veterans  of  the  Kevo 
tion." 

To  the  gratifying  fact  of  the  extinction  of 
the  debt,  General  Jackson  wished  to  add  the 
substantial  benefit  of  release  from  the  burthens 
which  it  imposed— an  object  desirable  in  itself, 
and  to  all  the  States,  and  particularly  to  those 
of  the  South,  greatly  dissatisfied  with  the  bur- 
thens of  the  tariff,  and  with  the  large  expendi- 
diturea  which  took  place  in  other  quarters  of 
the  Union.  Sixteen  millions  of  dollars,  he  stat- 
ed to  be  the  outlay  of  the  federal  government 
for  all  objects  exclusive  of  the  public  debt ;  so 
that  ten  milliuus  might  be  subject  to  reduction : 


284 


THIRTY  YKARS-  VIF.W 


and  thiH  to  Iw  i'fl(L>ctc(l  no  m  to  retain  %  protc-ct- 
in^  (Idty  in  favor  of  ihv  nniclcH  cHHcntiiil  to  onr 
•Kfi'iiw  nml  coiiif.)rt  in  time  of  war.  On  this 
{Miint  he  Huid : 

''Those  who  tnke  nn  cnlnrficd  view  »)f  the 
■ondition  of  our  country,  numt  Im>  foitiHlicd  tlint 
the  {M)licy  of  protection  must  Jjc  ultimately  lim- 
ited tu  those  articlcH  of  domestic  manufiictur(> 
which  nre  indiH{M>n8nhlo  to  our  nafety  in  time  of 
war.  Within  thlH  pcopo,  on  a  reasonable  Bcalo. 
it  is  recommended  by  every  consideration  of 
{mtriotism  and  duty,  which  will  doubtless  al- 
ways secure  to  it  a  liberal  and  cfllcient  supjjort. 
Hut  beyond  this  object,  we  have  already  seen 
the  operation  of  the  system  productive  of  dis- 
content. In  some  sections  of  the  republic,  its 
influence  is  deprecated  as  tending  to  concentrate 
wealth  into  a  few  hands,  and  an  creating  those 
germs  of  deiK'ndenco  and  vice  which,  in  other 
coimtries,  have  characterized  the  existence  of 
monopolies,  and  proved  so  destructive  of  liberty 
and  the  general  good.  A  large  portion  of  the 
people,  in  one  section  of  the  republic,  declares  it 
not  only  inex|)cdicnt  on  these  grounds,  but  as 
disturbing  the  equal  relations  of  property  by 
legislation,  and  thcreforo  unconetitutional  and 
unjust." 

On  the  subject  of  the  public  lands  his  recom- 
mendations were  brief  and  clear,  and  embraced 
the  subject  at  the  two  great  points  which  dis- 
tinguish the  statesman's  view  from  that  of  a 
mere  politician.  lie  looked  at  them  under  the 
great  aspect  of  settlement  and  cultivation,  and 
the  release  of  the  new  States  from  the  presence 
of  a  great  foreign  landholder  within  their  limits. 
The  sale  of  the  salable  parts  to  actual  settlers 
at  what  they  cost  the  United  States,  and  the 
cession  of  the  unsold  parts  within  a  reasonable 
time  to  the  States  in  which  they  lie,  was  his 
wise  recommendation ;  and  thus  expressed : 

"  It  seems  to  me  to  be  our  true  policy  that 
the  public  lands  shall  cease,  as  soon  as  practica- 
ble, to  be  a  source  of  revenue,  and  that  they  be 
sold  to  settlers  in  limited  parcels,  at  a  price 
barely  suflScient  to  reimburse  to  the  United 
States  the  expense  of  the  present  system,  and 
the  cost  arising  under  our  Indian  compacts. 
The  advantages  of  accurate  surveys  and  un- 
doubted titles,  now  secured  to  purchasers,  seem 
to  forbid  the  abolition  of  the  present  system, 
because  none  can  be  substituted  whicn  will 
more  perfectlj*  accomplish  these  important  ends. 
It  is  desirable,  however,  that,  in  convenient 
time,  this  machinery  be  withdraw^n  from  the 
States,  and  that  the  right  of  soil,  and  the  future 
disposition  of  it,  be  surrendered  to  the  States, 
respectively,  in  which  it  lies. 

''The  adventurous  and  hardy  population  of 
the  West,  besides  contributing  their  equal  share 


of  taxation  nndrr  our  im|in«t  oyotcm.  lia\(..  i» 
tlio  protfre«iH  i>f  our  government,  lor  the  laiiiij 
tliey  ixrujtv,  paiil  into  the  treasury  a  larp'  pr... 
portion  of  f  >ily  miilir)nM  of  dollars,  and.  of  i|' 
revenue  nreived  thenfroni,  but  a  Kiimll  part 
has  Uen  ex|)t'nded  amongst  them.  Winn,  („ 
the  disadvantage  of  their  situation  in  tluK  r<'- 
s|iect,  we  add  the  consideration  that  it  \x  tin  ,r 
lalK)r  alone  which  gives  real  value  to  the  Imid. 
and  that  the  proceeds  arising  fnnu  their  .nl^, 
are  distributed  chiefly  among  States  which  hml 
not  originally  any  claim  to  them,  and  whicli 
hove  enjoyed  the  undivided  emolument  nri>ii,j. 
from  the  sale  of  their  own  lands,  it  cannot !« 
exjiccted  that  the  new  States  will  riinain  ion^-i  r 
contented  with  the  present  policy,  after  the  \\n\. 
ment  of  the  public  <lebt.  To  avert  the  cdnA-- 
quenccs  which  may  be  apprehended  from  tlii. 
cause,  to  put  an  end  for  ever  to  all  partiiil  aii<l 
intercste(l  legislation  on  the  subject,  and  to  af- 
ford to  every  American  citixen  of  enterprise,  the 
opportunity  of  securing  an  indefiendcnt  fret- 
holdj  it  seems  to  mo,  therefore,  best  to  almndoii 
the  idea  of  raising  a  future  revenue  out  (if  tlie 
public  lands." 

These  arc  the  grounds  upon  which  the  mem- 
bers from  the  new  States  should  unite  aixl 
stand.  The  Indian  title  has  been  cxtingniRhtd 
within  their  limits  ;  the  federal  title  should  tjo 
extinguished  also.  A  stream  of  ogricultiirists 
is  constantly  pouring  into  their  bosom— maiiv 
of  them  without  the  means  of  purchasing  land 
— and  to  all  of  them  the  whole  of  their  means 
needed  in  its  improvement  and  cultivation. 
Donations  then,  or  sales  at  barely  reimbursing 
prices,  is  the  w^ise  policy  of  the  government ; 
and  a  day  should  be  fixed  by  Congress  in  every 
State  (regulated  by  the  quantity  of  public  land 
within  its  limits),  after  which  the  surrender  of 
the  remainder  should  take  effect  within  the 
State ;  and  the  whole  federal  machinery  for  tlie 
sale  of  the  lands  be  withdrawn  from  it.  In 
thus  filling  the  new  States  and  Territories  with 
independent  landholders — with  men  having  a 
stake  in  the  soil — the  federal  government  would 
itself  be  receiving,  and  that  for  ever,  the  tw« 
things  of  which  every  government  has  need 
namely,  perennial  revenue,  and  military  service. 
The  cultivation  of  the  lands  would  bring  in  well- 
regulated  revenue  through  the  course  of  circu- 
lation, and,  what  Mr.  Burke  calls,  "  the  politi- 
cal secretions  of  the  State."  Their  population 
would  be  a  perpetual  army  for  the  service  of 
the  country  when  needed.  It  is  the  true  and 
original  defence  of  nations— the  incitement  and 
reward  for  defence — a  freehold,  and  arms  to  de- 


ANNO  1831     ANIUIKW  JACKiSON.  l'ia>II>KNT. 


289 


food  it  It  i*  •  louroe  of  cWri'iioo  which  prpctxi- ' 
^1  numlinir  arinicA,  anil  itlioulil  Hiiiierwde  thini;  i 
iikI  prc-vmiiH-ntly  U-Ionjcs  to  a  ivpiililic,  and 
iIhivo  til  to  the  ri'piihlic  uf  the  Uiiiti-<1  States, 
.,)  alHrnmliiiK  in  the  niunns  of  creating  thvw  dt>- 
li'iiiUrK,  and  ncctlin^  tlifm  ro  much.  To  My 
iidtliinir  of  nearer  domains,  thero  ih  the  broad 
txpaiisi-  from  tho  Mii*t>iKKi|)|)i  to  tho  Pacitlc 
(^L-nn.  all  nct'dinK  Bcttlers  and  defcndun.  Cover 
It  nith  freeholders,  and  you  have  all  tho  do- 
findiTS  that  are  required — all  that  interior  sav- 
jf^'H,  or  exterior  foreiguers,  could  over  render 
iii'WMkry  to  appear  in  arms.  In  a  mere  milita- 
rv  point  of  view,  and  aa  aHsuring  tho  cheap  and 
itlicicnt  defence  of  tho  nation,  otir  border,  and 
uiir  di."*tant  public  territory,  should  bo  promptly 
Mvered  with  freehold  eettlirH. 

Ou  the  subject  of  the  removal  of  tho  Indians, 
the  message  said: 

"lam  hnppy  to  inform  you,  that  tho  wise 
and  humane  policy  of  trunsferriiif;  from  the 
ciistem  to  tho  western  side  of  tho  Mississippi, 
the  remnants  of  our  aboriginal  tribes,  with  their 
om\  consent,  and  upon  just  terms,  has  been 
steadily  pursued,  and  is  approaching,  I  trust,  its 
consummation.  By  reference  to  tno  report  of 
the  Secretary  of  War,  and  to  the  documents 
submitted  with  it,  you  will  sco  the  progress 
which  has  been  mado  siicc  your  last  session  in 
tlie  arrangement  of  tho  various  matters  connected 
witli  our  Indian  relations.  With  one  exception, 
I'very  subject  involving  any  question  of  conHict- 
iiig  jurisdiction,  or  of  peculiar  difficulty,  has  been 
happily  disposed  of,  and  the  conviction  evidently 
gitiiis  ground  among  tho  Indians,  that  their  re- 
moval to  the  country  assigned  by  the  United 
States  for  their  permanent  residence,  furnishes 
tho  only  hope  of  their  ultimate  prosperity. 

"  With  that  portion  of  tho  Cherokecs,  how- 
ever, living  withm  tho  State  of  Georgia,  it  has 
been  found  impracticable,  as  yet,  to  make  a 
satisfactory  adjustment.  Such  was  my  anxiety 
to  remove  all  tho  grounds  of  complaint,  and  to 
bring  to  a  termination  the  difficulties  in  which 
they  are  involved,  that  I  directed  the  very  liberal 
propositions  to  bo  made  to  them  which  accom- 
pany the  documents  herewith  submitted.  They 
cannot  but  have  seen  in  these  offers  the  evidence 
of  the  strongest  disposition,  on  the  part  of  the 
goNornment,  to  deal  justly  and  liberally  with 
them.  An  ample  indemnity  was  offered  for  their 
present  possessions,  a  liberal  provision  for  their 
future  support  and  improvement,  and  full  security 
for  their  private  and  political  rights.  Whatever 
difference  of  opinion  may  have  prevailed  respect- 
ing the  just  claims  of  theso  people,  there  will 
probably  be  none  respecting  the  liberaUty  of  the 
propositions,  and  very  little  respecting  the  ex- 
pediency of  their  immediate  acceptance.    They 


were,  however,  rvji-cteil,  and  thna  the  |Mmiiion 
of  theM  indinuH  rfuiain.t  unt'linii^tni,  nn  iln  ilif 
views  rnmmuiiicat'd  in  my  nu•»^a^;t■  tu  the  .*>»- 
nate,  of  Febniary  'J'J,  1^31." 

Tno  President  does  not  mention  tho  obftacics 
which  delayed  the  humane  policy  of  trauHfiTring 
tho  Indian  triU's  to  tho  west  of  the  .MirttiisAippi, 
nor  alludo  to  tho  causes  which  prevented  tho 
remaining  Cherokcea  in  Georgia  from  accepting 
the  lit)oral  terms  offered  them,  and  joinintr  tho 
emigrated  |)ortion  of  their  trilw  on  the  Arkansas ; 
but  theso  obstaclea  and  causes  were  known  to 
the  public,  and  the  knowlc<lge  of  them  was  car- 
ried into  tho  parliamentary,  tho  legi^^lative,  and 
the  judicial  history  of  tho  countrj-.  The««? 
removals  were  seized  upon  by  party  sjiirit  as 
soon  as  flencral  Jackson  took  up  the  |K)liey  of 
his  predecessors,  and  undertook  tocompiete  what 
they  had  began.  His  injustice  and  tyranny  to 
the  Indians  In-camo  a  theme  of  political  party 
vituperation  ;  and  tho  South,  and  Georgia  espe- 
cially, a  new  battle-flcld  for  political  warfare. 
The  extension  of  her  laws  and  jurisdiction  over 
the  part  of  her  territory  still  inhabited  by  a  part 
of  the  Chcrokces,  was  the  signal  for  concentrating 
upon  ttiat  theatre  tho  sympathies,  and  the  interfer- 
ence of  politicians  and  of  missionaries.  Congress 
was  appealed  to ;  and  refused  tho  intervention 
of  its  authority.  The  Supreme  Court  was  applied 
to  to  stay,  by  an  injunction,  tlic  ojwration  of  the 
laws  of  Georgia  on  the  Indian  part  of  tho  State  ; 
and  refused  tho  application,  for  want  of  juris- 
diction of  tho  question.  It  was  applied  to  to  brinp 
the  case  of  the  missionaries  before  itself,  and  did 
so,  reversing  tho  judgment  of  the  Georgia  State 
Court,  and  pronouncing  one  of  its  own ;  which 
was  disregarded.  It  was  applied  to  to  reverse 
the  judgment  in  the  case  of  TasscUs,  and  the  writ 
of  error  was  issued  to  bring  up  the  case ;  and 
on  the  day  appointed  Tassells  was  hanged.  The 
missionaries  were  released  as  soon  as  they  ceased 
their  appeals  to  the  Supreme  Court,  and  address- 
ed themselves  to  the  Governor  of  Georgia,  to 
whom  belonged  tho  pardoning  power ;  and  the 
correspondence  and  communications  which  took 
place  between  themselves  and  Governor  Lump< 
kin  showed  that  they  were  emissaries,  as  well 
OS  missionaries,  and  acting  a  prescribed  part  for 
the  "  good  of  the  country  " — as  they  expressed 
it.  They  came  from  the  North,  and  returned  to 
it  as  Boon  as  released.  All  Georgia  was  outraged, 
and  justly,  at  this  political  interference  in  her 


28C 


TIIIRTV  YKAIW'  VlOf. 


■flaini,  ami  thin  intnuWa  phibinthropjr  in  hehalf 
fif  lii'linnn  to  whom  nhc  K*ve  tho  Mine  proUwtion 
as  t'l  her  own  i'iti7.ctiH,  nn<l  nt  thi'M  fttt<-i'.)[iU, 
n>  n'lM'iiffilly  mailr  t<>  ItriiiR  Iht  ln-foro  tli*-  Su- 
premo Court.  Ilcr  novt-nioM  (Troup,  (iilmcr, 
■ikI  I.iiirii)kiii,)towli()!u  it  RucccHHivoly  IwlonKod 
to  n'pn'Mi'iit  tlie  ri^'htH  and  ilifrnitj  of  the  {St«i«', 
dill  HO  with  tinnnrw  and  moderation ;  and,  in 
the  end,  all  her  oliju-tn  wero  attainci,  and  tho 
interference  and  intniHion  cea«c<l ;  and  tho  issue 
of  tho  presidential  election  rebuked  the  |iolitical 
and  cccli'sinHtical  intermeddlcrs  in  hcraflaini. 

A  poMsaKo  in  tho  moBsaf(o  startled  the  friends 
of  tho  bank  of  tho  United  States,  and,  in  fact, 
took  the  public  by  surprise.  It  was  an  intima- 
tion of  tlio  insolvency  of  tho  bank,  and  of  the 
insecurity  of  tho  public  deposits  therein;  and  a 
recommemliition  to  hnvo  tho  afTuira  of  tho  in- 
stitution tlioroughly  investigated.  It  was  in 
these  terms : 

"  Such  measures  as  are  witliin  tho  reach  of 
tho  .Secretary  of  tho  Treasury  have  been  taken  to 
enable  him  to  judge  whether  the  public  deposits 
in  that  institution  may  bo  regarded  aa  entirely 
safe ;  but  as  his  limited  power  may  prove  inade- 

Suato  to  this  olyect,  I  recommend  the  subject  to 
le  attention  of  Congress,  under  the  firm  belief 
that  it  is  worthy  their  ricrious  investigation.  An 
inquiry  into  tho  transactioas  of  the  institution, 
embracing  tho  branches  as  well  as  the  principal 
bank,  seems  called  for  by  tho  credit  which  is 
given  throughout  the  <i>dutryto  many  serious 
charges  im|)caching  its  character,  and  which,  if 
true,  may  justly  excite  the  apprehension  that  it 
is  no  longer  a  salt  depository  of  tho  money  of 
tho  people." 

This  recommendation  gave  rise  to  proceedings 
in  Congress,  which  will  bo  noted  in  their  proper 
place.  Tho  intimation  of  insolvency  was  re- 
ceived with  scorn  by  tho  friends  of  tho  great 
corporation — with  incredulity  by  the  masses — 
and  with  a  belief  that  it  was  true  only  by  the 
few  who  closely  observed  the  signs  of  the  times, 
and  by  those  who  confided  in  the  sagacity  ana  , 
provident  foresight  of  Jackson  (by  no  mean ' 
inconsiderable  either  in  number  or  judgment 
For  my  own  part  I  had  not  suspicioned  insol- 
vency when  I  commenced  my  opposition  to  the 
renewed  charter ;  and  was  only  brought  to  that 
suspicion,  ana  in  fact,  conviction,  by  seeing  the 
flagmnt  nianner  in  which  the  institution  resisted 
inv  ligation,  hen  proposed  under  circumstan- 
u:6  which  rendered  it  obligatory  to  its  honor ; 
And  which  lould  only  be  so  resisted  tcom  a 


cnnwifliisneM  that,  If  searched,  sonvthinir  *r<^\\,\ 
bo  found  wonw  tlian  any  thing  rharptMt.  fU' 
only  rirruniNtanco  mciitioni-d  by  the  Pn-aiiJ)  14 
to  rountenanro  sunpicion  waM  the  con''  •  of  tj,^ 
bank  in  rvLtion  to  th*^  itaynunt  of  11.  [nilli»n« 
of  (ho  three  per  rent.  ?tock.  onlered  to  hare  U ,  „ 
|Hiid  at  tho  bauir  in  t'.o  Octi>bcr  prccedin);  i|„„| 
whcro  the  n  >ncy,  aooonling  to  its  rclumfi,  w,,^ 
in  dcpoait) ;  and  instead  of  paying  whicli  il„. 
bank  secretly  sent  ni.  agent  to  Ix)ndun  to  ol.tiin 
delay  from  the  creditors  for  six,  nine  and  t»el\« 
months;  and  oven  to  purchase  a  part  of  thcstoric 
on  its  account — which  was  done — and  in  cli'«r 
violation  of  its  charter  (which  forbi*'  ->  tli«  m. 
stitution  to  trafllo  in  the  stocks  /  'i/^  '  nit  ! 
States).  This  delay,  with  th'  inauii' ieir.  1 
illegal  reason  given  for  it  (fui  mo  ruiiiun  coul  1 
be  legal  or  sufficient  wliil^  ndnn  tii.,  0  money 
to  be  in  her  ha.ds,  ai>  *  '.  >at  which  tSe  Unk 
gave  related  to  the  <  holt m,  and  the  over-readv 
excuse  of  norommodation  to  the  p-bllc),  coiilil 
only  bo  accounted  for  from  an  inability  to  pro- 
duce the  1  inda  ;  in  other  words,  that  while  li«r 
returns  to  the  treasury  admitted  the  had  tliu 
money,  the  state  of  her  vaults  showed  that  she 
had  it  not.  This  view  was  further  coiiftniu.l 
by  her  attempt  to  get  a  virtual  loan  to  meit  iht 
payment,  if  delay  could  not  be  obtained,  or  tliv 
stock  purchased,  in  the  application  to  tho  Londou 
house  of  the  Barings  to  draw  upon  it  fur  tlw 
amount  uncovered  by  delay  or  by  purchase. 

But  the  salient  passage  in  the  message— the 
one  which  gave  it  a  new  and  broad  emphasis  in 
the  public  mind — was  the  part  which  related  to 
the  attitude  of  South  Carolina.  Tho  proceed- 
ings of  that  State  had  now  reached  a  point  which 
commanded  tho  attention  of  all  America,  and 
could  not  bo  overlooked  in  the  President's  mes- 
sage.  Organized  opposition,  and  forcible  re- 
sistance to  the  laws,  took  their  open  form ;  and 
brought  up  the  question  of  the  governmental 
■  for'  cinei  t  of  these  laws,  or  sub'.ni-  ^ion  to  their 
vio'i')i.i'"i     The  que? I  ade  a  crisis ;  and  the 

Vri    deuf  muB  brought  the  subject  before  Cun- 
gr^ss:  '■■■■   L-  IV.     %   i 

"  It  is  my  painful  duty  to  state^  that,  in  one 
quarter  of  the  United  States,  opposition  to  tiie 
revenue  laws  has  risen  to  a  height  which  threat- 
ens to  thwart  their  execution,  if  not  to  endan- 
ger the  integrity  of  the  Union.  Whatever  ob- 
structions may  be  thrown  in  tho  way  of  the' 
judicial  authorities  of  the  general  government, 
it  is  hoped  they  will  be  able,  peaceably,  to  over- 


A.SNO  IM».     ANPRKW  JAtKH<»N.  I'laMKKNT, 


(ninr  ihrm  l»y  the  |iniiU-no«»  nf  their  own  olflrvw, ' 
iii<l  tli«!  |Httn<)tiKin  <^(  the  |ic<i|ili>.  Hut  •honlii 
iliin  n A>oiia)ilt>  nliaiK.  >>it  tlu>  iiuMleration  an<l 
..iihI  imii»«"  "full  |««rti"iii  Y  <>iir  fillowoitin-nn 
'.f  ili«)tii|Miint«><l.  it  m  tM-li>  vi'l  that  the  Uwm 
lumPM'lvi'M  are  liiHv  •ilcnnato  l<.  (Ik-  ^iipf»r«-«i«i«)n 
,;  Diuli  AlttiiiptM  n^  tiiii)  iiunivdiMl- t>  'U»<b^. 
•hoiild  llx'  fXiirtticv  nrim-,  ic  (I'liTitij?  the  vrecu- 
,;,iii  (if  tho  cxiMtiii;;  l.i'«s  iiii|ir«<ti' !!  '■  from  any 
iim'  wliati'vrr,  itrnim  'i'ltjcc  of  ii  u  ^  -l  >»■  )/ivcn 
t.i  I'onirri'i'i',  with  tlic  t'ii(ri'<''*li"n  of  Mich  xiuwn 
111(1  iiii'aimrcR  an  tuny  bu  <k-c'iiii'(l  iiccciixary  to 
iiiift  it. 

Nothing  couhl  lio  more  ti-niixTatc,  HulMliifd, 
mil  oven  conciliatory  than  the  tone  and  lanpm^v 
i.f  thin  indispensable  notice.  The  I'reisident 
could  not  avoid  bringing  the  subject  to  the  no- 
tice uf  Congrc'fls ;  and  could  not  have  done  it  in 
1  more  uncxoeptionablu  manner.  1 1  is  language 
KM  that  of  juHtico  and  mildness.  The  peaceful 
ailminiHtration  of  the  laws  wore  ntill  relied  ujwn, 
«;;J  if  any  thing  further  became  necessary  he 
ironiiBod  an  immcdiato  notice  to  Congress.  In 
iho  mean  time,  and  in  a  previous  part  of  his 
iiicsgagc,  he  had  shown  his  determination,  so  far 
ai»  it  depended  on  him,  to  remove  all  just  com- 
[ilaiut  of  the  burthens  of  the  tarifl*  by  eflccting  a 
^>daction  of  many  millions  of  the  duties : — a  dis- 
|iciviation  permitted  by  thu  extinction  of  the 
public  debt  within  the  current  year,  and  by  the 
means  already  provided,  and  which  would  admit 
of  au  abolition  of  ten  to  twelve  millions  of  dol- 
lars of  duties. 


CHAPTER    LXXV. 

BANK  OF  THE  UNITED  8TATK3— DELAY  IN  PAY- 
1X0  THE  THREE  VEV,  CENTS -COMMITTEE  OF 
LSVESTIGATION. 

T  u.  President  in  his  message  had  made  two  re- 
i-^iramendations  which  concerned  the  bank — one 
iliiit  the  seven  millious  of  stock  held  therein  by 
the  United  States  should  be  sold ;  the  other  that  a 
cummittce  should  be  appointed  to  investigate  its 
condition.  On  the  question  of  referring  the  dif- 
fi;rcnt  parts  of  the  message  to  appropriate  com- 
mittees. Mr.  Speight,  of  North  Carolina,  moved 
thai  ini.-^  latter  clause  be  sent  toa  select  commit- 
Uv;  lo  which  Mr.  Wayne,  of  Georgia,  proposed 
an  .iinenilnient.  that  the  committee  should  have 
power  to  bring  persone  before  them,  and  to  ex- 


amine tlirm  on  n«lh,  and  |o  mil  nfmn  tfie  Iwiill 

and  it*  brniHlit'N  fi.r  |>ii|K'ni.  Tbi«  motion  (rA«tt 
rii»i<  ti)  a  roiiti'nt  iiiiiiilar  tn  that  >■(  iho  ^iis-cril'  i^n 
M'Hiiion  on  tli<'  nanie  point,  aud  h\  the  samn 
n<'(om^nnd  mth  lln-  nmuf  r«'«iil«  i«  Akvor  of 
the  Imnk — the  d<  Imto  U  iiiit  nii«hrtf*'  >iy  some 
frexh  an<l  wnterial  itiri<li'iitit.  .Mr.  >\  icklifli'.  of 
KeiitiK'ky,  hiid  prvvioualy  precnn'tl  a  call  tolw 
Miaile  on  tin-  .Se»Tetary  "f  the  Treiisiiry  f«>r  tlio 
report  which  hi*  agent  v  »»  oiiip<My<'i|  in  making 
upon  tho  t'uvlitioii  of  the  >»ank  ;  and  wiNh*d  ilie 
motion  for  tiui  roiimiiltee  to  be  defi-md 
that  nport  c.iiw  HI      IK'  said  : 

"  He  ha*!  ev.  .  y  contlijenre,  both  frnfp  ^Im  twu 
jndpnent  aiiri  from  mronnatlon  in  hw   jiofseK 
sioii,  that   v\hi-«  (he  rcHolution   he  1 1 ad  • 'tie red 
should  n.»'(  ve  itf«  iiiiswer,  and  the  Mouso  ^iHould 
have  the  n7«irt  of  the  ap'nt  sent  Vi\  the  SmC' 
tury  of  till'  Treo.'^iiry  to  inijuire  int  ■  the  aflhit    ■>!' 
the  bunk,  with  ..   view  to  ascertiir    (ilietht    it 
was  a  safe  d»|)ii-itory  for  the  pulil     fiiiida.  \    it 
answer  w<'ir„|  U;  liivorab'e  to  the  I  ink  and     * 
the  entire  -HTiuit3   of  the  revenue.     Mr.  W.  said 
he  had  ho|<'ii  that  the  resolution  he  hml  oftoffuf 
would  have     i[)er8e<lcd  the  necessity  of  nnothei 
bank  discn  ~ion  in  that  llou.se,  and  of  the  con 
sequences  iimin  tho  financial   and   commercini 
operations  ot   tho  cotmtry,  and  upon  Ihr  credit 
of  our  ctirrcm         lie  had  not  understixid,  from 
a  hasty  readin  '  of  tho  report  of  the  Secretary  of 
the  Treasury,  i  mt  that  otHcer  had  expressed  any 
desire  for  the  nfiiointmcnt  of  any  coinmittee  on 
tho  subject.     '1  rio  secretary  said  thnt  ho  had 
taken  step.s  to  <•  tain  such  informati'^n  as  was 
within  his  control,  but  that  it  was  i    ^siblo  he 
might  need  furtb>.r  powers  hereafter.     What 
had    already  beei   tho  effect  throughout  tho 
country  of  the  bnidside  discharged  by  the  mes- 
sage at  tho  bank  ?     Its  stock  had,  on  the  recep- 
tion of  that  meseafre,  instantly  fallen  down  to 
104  per  cent.     Connected  with  this  proposition 
to  sell  tho  stock,  a     )«s  had  already  been  incur- 
red by  tho  govemmi  nt  of  half  a  million  of  dol- 
lars.    What  further  investigations  did  gentle- 
men require?     What  now  bill  of  indictment  was 
to  be  presente<l  1    'J  here  was  one  in  the  secre- 
tary's report,  which  \va8  also  alluded  to  in  the 
message :  it  wa.><,  that  the  bank  had,  by  its  un- 
waranted  action,  prevented  the  government  from 
redeeming  the  three  p<  r  cent,  stock  at  the  time 
it  desired.     But  what  was  the  actual  state  of 
the  fact  ?    W  hat  had  the  bank  done  to  prevent 
such  redemption  ?     It  had  done  nothing  more 
nor  less  than  what  it  had  been  wquired  by  the 
government  to  do." 

The  objection  to  inqrurj',  made  by  Mr.  Wick- 
liffe,  that  it  depreciated  the  stock,  and  made  a 
loss  of  the  difference  to  its  holders,  was  entirely 
fiUladouB,  as  fluctuations  in  the  price  of  stocks 


■  a 


v.. 


I        s.' 


ii 


288 


irrmTY  yi:aij6'  vikw. 


arc  prcaily  iiiidir  tliu  cmitinl  (jf  ihosc  wlio  piin- 
hlc  ill  tlicin.  ami  who  Bcize  cvory  circuinstuna', 
altt'ninti'Iy  V>  di'|iri'ss  ninl  exalt  tlii'in;  and  tlii' 
iliictiiatioiis  aH'fCt  iU)lH)cIy  Jtut  tlmsi'  « lio  are 
buyers  or  blUlt.s.  Yet  this  objection  wasprave- 
ly  ref^orted  to  every  time  that  any  iiinveiin'nt 
was  made  whieli  utiected  tiiu  baiilv ;  and  aritli- 
metical  calculations  were  pravely  gone  into  to 
show,  npon  each  dechnc  of  the  wtock,  liow  much 
money  eatii  sti>ckholder  iiad  lost.  On  tliis  oc- 
casion tlic  liiss  of  tho  United  States  was  set 
down  at  half  a  million  of  dollars: — which  was 
recovered  four  days  ai'terwards  ujion  the  readin); 
of  tho  report  of  the  treasury  ajrent,  favorable 
to  the  bank,  and  which  enabled  the  dealers  to 
put  ujjthe  shares  to  112  again.  In  the  mean 
time  nobody  lost  anj'  thing  but  tho  gamblers ; 
and  that  wa-s  nothing  to  the  public,  as  the  loss 
of  one  was  the  gain  of  tho  other:  and  the  thing 
balanced  itself.  Holders  for  investment  neither 
lost,  nor  gained.  For  the  rest,  Mr.  AYayne,  of 
Georgia,  replied : 

"  It  has  been  said  that  nothing  was  now  be- 
fore the  House  to  make  an  inquiry  into  the  con- 
dition of  the  bank  desirable  or  necessary.  He 
would  refer  to  the  President's  message,  and  to 
the  report  of  the  Secretary  of  the  Treasury, 
both  suggesting  an  examination,  to  ascertain  if 
the  bank  was,  or  would  be  in  future,  a  safe  de- 
pository for  the  public  funds.  Mr.  \V.  did  not 
say  it  was  not,  but  an  inquiry  into  the  fact 
might  be  very  proper  notwithstanding ;  and  the 
I'resident  and  Secretary,  in  suggesting  it,  had 
imputed  no  suspicion  of  the  insolvency  of  the 
bank.  Eventual  ability  to  discharge  all  of  its 
obligations  is  not  of  itself  enough  to  entitle  the 
bank  to  the  confidence  of  the  government.  ]  ts 
management,  and  the  spirit  in  which  it  is  man- 
aged, in  direct  reference  to  the  government,  or 
to  those  administering  it,  may  make  investiga- 
tion proper.  What  was  the  Executive's  com- 
plaint against  the  bank  ?  That  it  had  interfered 
with  the  paynient  of  the  public  debt,  and  would 
postpone  the  payment  of  five  millions  of  it  for 
a  year  after  the  time  fixed  upon  for  its  redemp- 
tion, by  becoming  actually  or  nominally  the 
possessors  of  that  amount  of  the  three  per 
centum  stock,  though  the  charter  prohibited  it 
from  holding  such  stock,  and  from  all  advanta- 
ges which  might  accrue  from  tho  purchase  of 
it.  True,  the  bank  had  disavowed  tho  owner- 
ship. But  of  that  sum  which  had  been  bought 
by  Baring,  Brothers,  &  Co.,  under  the  agree- 
ment wit  J I  the  agent  of  the  bank,  at  ninety-one 
and  a  half,  and  the  cost  of  which  had  been 
charged  to  the  bank,  who  would  derive  the 
benefit  of  the  diflerence  between  the  cost  of  it 
and  the  i)ar  value,  which  the  government  will 
jwy  ?   Mr.  \V.  knew  this  gain  would  bo  ellected 


by  what  may  1h>  the  rate  of  exchange  Ixtw,,!. 
the  I'liited  States  and  Kiigland,  but  >til|  tl„.f,, 
would  1h'  gain,  and  wli^  'mih  to  ncei'  ••  it  ?  I'.;i. 
ring.  Brothers,  it  Co.?  No.  The  bank  wn.a  |,v 
agreiinent.  charged  with  tho  cost  of  it.  in  , 
separate  m'count,  on  the  Swoks  of  Bariiii',  lir,,. 
tilers,  it  Co.,  au(i  it  had  agreed  to  jiay  iiitin^t 
upon  the  amount,  until  the  stork  was  nfUeinvil 
'•Tho  bank  being  j)rohibited  to  deal  in  sudj 
stock,  it  would  be  wi  II  to  inquire,  even  undir 
the  j)re)«eiit  arrangements  with  Baring,  Jhdtiui-: 
&  Co.,  whether  the  charter,  in  this  resjuct,  \v;w 
suljstantially  complie<l  with.  Mr.  \V.  won],! 
not  now  go  into  the  question  of  the  ])()licv  c,f 
the  arrangement  by  tho  bank  conceniing"  the 
three  ymr  cents.  It  may  eventuate  iu  t;r(at 
public  benefit,  as  regards  tho  conunerce  of  tlio 
country ;  but  if  it  does,  it  will  be  no  n|)()l.> 
gy  for  the  temerity  of  an  interfiL'rence  with  the 
fixed  policy  of  the  government,  in  regard  to 
the  payment  of  the  national  debt ;  a  policv, 
which  those  who  administer  the  bank  knev;  liiiii 
been  fixed  by  all  who,  by  law,  can  have  anv 
agency  in  its  payment.  Xor  can  any  apolo^'v 
be  found  for  it  in  the  letter  of  the  Secretary  (if 
tho  Treasury  of  the  I'Jth  of  July  last  to  Mr. 
Biddle ;  for,  at  Pliiladelphia,  the  day  before,  on 
the  18th,  he  eniployed  an  agent  to  go  to  Eii).'- 
land,  and  had  given  instructions  to  make  an 
arrangement,  by  which  the  payment  of  the  pnl> 
lie  debt  was  to  bo  postponed  until  Uctohcr 
1833." 

Mr.  Watmough,  representative  from  the  dis- 
trict  in  which  the  bank  was  situated,  disclaimed 
any  intention  to  thwart  any  course  which  the 
House  was  disposed  to  take ;  but  said  that  thi; 
charges  against  tho  bank  had  painfully  afibcte  1 
the  feelings  of  honorable  men  connected  with 
the  corporation,  and  injured  its  character ;  and 
deprecated  the  appointment  of  a  select  conimii- 
tee;  and  proposed  the  Committee  of  Ways  and 
Means — tho  same  which  had  twice  reported  in 
favor  of  the  bank: — and  he  had  no  objection 
that  this  committee  should  be  clothed  with  all 
the  powers  proposed  by  Mr.  Wayne  to  be  con- 
ferred upon  tho  select  committee.  In  this  stato 
of  the  question  tho  report  of  the  treasury  agent 
came  in,  and  deserves  to  be  remcmbeiT'd  in  con- 
trast with  the  actual  condition  of  the  bank  as 
afterwards  discovered,  and  as  a  specimen  of  tlw 
imposing  exhibit  of  its  affairs  which  a  moneyed 
corporation  can  make  when  actually  insolvent. 
The  report,  founded  on  tho  statements  furnisheJ 
by  the  institution  itself,  presented  a  superb  con- 
dition— near  eighty  millions  of  assets  (to  be 
precise,  1^79,593,870),  to  meet  all  demands 
against  it,  amounting  to  thirty-seven  niillioni 
and  a  quarter— leaving  forty-two  millions  and 


ANXO  isa3.     AMinF.W  JA(  KXiN.  TUF^IDKNT. 


2Sa 


jiMiartcr  for  tlio  st(irklii)l<U>rii;  of  wMch  tliirty- 
;ivo  millions  woiiM  rfinilturso  tlu'  ^lll(•k,  iiinl 
it'Ti'n  ami  ii  qiiarttT  iiiillion.s  remain  fi)r  divi- 
Jeail.  Mr.  I'olk  sUtt'd  tliiit  tliin  iv|>(pit  was  a 
EtTt-  wnipeinliuin  ot'  the  monthly  hank  riturns, 
jhoffing  ndthinp  which  theso  rtturns  did  not 
•how;  and  f.-jK'ciully  notliin};  of  tlie  eij^lit  inil- 
;,ons  of  unavuilablo  funds  whicii  had  heun  asciT- 
uincd  to  exist,  and  which  Imd  hceii  accinnulat- 
•nz  for  ct;;hteen  years.  On  the  point  of  tlie 
r.on-l«yiiient  of  thL'  three  per  cents,  he  said  : 

'Tho  Sccrctiry  of  the  Treasury  had  pivcn 
pnWie  notice  that  the  whole  amount  of  the  threo 
itr  cents  would  he  paiil  off  on  the  first  of -Inly. 
I'he  hank  was  apprised  of  this  arnm^ioment, 
■ml  on  its  application  the  treasury  department 
I'ifflscnted  to  susjiend  the  redemption  of  one 
t'.iirdof  this  stock  until  the  first  of  Octoher,  the 
liiink  paying;  the  interest  in  the  mean  wlii!<?. 
liut.  it'  the  condition  of  the  bank  was  so  vcrj" 
prospcvons,  as  has  heen  represented,  why  did  it 
make  so  preat  a  sacrilice  as  to  pay  interest  on 
that  larpe  amount  for  three  months,  for  the 
sake  of  deferring  the  payment  ?  The  Secretary 
of  the  Treasury,  on  the  IDth  July,  determined 
that  two  thirds  of  the  stock  should  be  paid  oft" 
on  the  first  of  Octoher;  and,  on  the  18th  of  Ju- 
Ivffhat  did  the  bank  do?  It  dispatched  an 
a;;ent  to  London,  without  the  knowledge  of  the 
tRMsury,  and  for  what  ?  In  eli'ect,  to  borrfjw 
■).0iH),OoO  dollars,  for  that  was  the  amount  of 
the  transaction.  From  this  fact  Mr.  P.  inferred 
that  the  bank  was  unable  to  go  on  without  the 
piiblie  (lei)osits.  They  then  made  a  communi- 
cation to  the  treasury,  stating  that  the  l^uik 
would  hold  up  such  certificates  as  it  could  con- 
trol, to  suit  the  convenience  of  the  {rovernmcnt ; 
hut  was  it  on  this  account  that  they  sent  their 
ajient  to  London  ?  Did  the  president  of  the 
hank  himself  assign  this  reason  ?  No;  he  gave 
ii  very  ditl'erent  accoiuit  of  the  matter ;  he  said 
that  the  bank  apprehended  that  the  spread  of 
.ho  cholera  might  produce  great  distress  in  the 
cuiiiitry,  and  that  the  bank  wished  to  hold  itself 
ill  an  attitude  to  meet  the  public  exigencies, 
and  that  with  this  view  an  agent  was  sent  to 
make  an  arrangement  with  the  Barings  for  with- 
lioliiiiig  throe  inillions  of  the  stock." 

The  motion  of  Mr.  Watmough  to  refer  the 
iaquiry  to  the  Committee  of  Ways  and  Means, 
was  airried;  and  that  committee  soon  i-cported: 
first,  oil  the  point  of  postponing  the  payment 
of  a  part  of  the  three  per  cunts,  that  the  busi- 
iii.'ss  being  now  closed  by  the  actu.il  p.a3inent 
of  that  stock,  it  no  longer  presented  any  im- 
[wrtant  or  practicable  point  of  inquiry,  and  did 
iiut  call  for  any  action  of  Congress  upon  it ;  and, 
tnvndh/.  on  the  point  of  the  safety  of  the  pub- 

VoL.  I.— 19 


:  lir  (li'po'-if-i,  that  there  eniilil  1  c  no  dmil't  of  thi- 
entire  souiidne>s  of  the  uli.'lr  Imrik  eaiiitul,  after 
nieeting  nil  demands  upiii  i^.  either  by  its  bill 
holders  i.r  tlu'  goveniiiunt ;  and  that  siu-h  w;'s 
^  the   opinion  of  the  cnniniittte,  who^  felt    L'ri':\t 
j  confidi'nco  in  the  well-known  rharaeter  ami  in- 
I  telligenre  of  the  diivetors,  whose  testimony  sii|>- 
jMirted  the  facts  on  which  the  committee's  opin- 
I  ion  rested.     And  they  concluded  with  a  resolve 
!  which  they  recommended   to  the  adoption  of 
the  House,  "That  the  government  dejxisits  may, 
in  the  opinion  of  the  House,  Ikj  .safely  continued 
in  the  liank  of  the  Inite.l  States."     Mr.  Polk, 
one  of  the  cannuittee,  dissented  from   the  re- 
port, and  argued  thus  again>t  it : 

"  lie  hoped  that  gentlemen  who  believed  the 
time  of  the  House,  at  this  jieriod  ()f  the  session, 
to  be  necessarily  valuabli',  would  not  press  the 
consideration  of  this  resolution  upon  tiie  House 
at  this  juncture.  During  the  small  remainder 
of  the  session,  there  were  several  measures  of 
the  highest  public  importance  which  remained 
to  be  acted  on.  For  one,  he  was  extremely 
anxious  that  the  session  should  close  by  12 
o'clock  to-night,  in  order  that  a  sitting  upon  the 
Sabbath  might  be  avoidcfl.  He  would  not  pro- 
ceed in  expressing  his  views  until  he  should  ui>- 
derstand  from  gentlemen  whether  they  intended 
to  press  the  House  to  a  vote  upon  this  resolu- 
tion. [A  remark  was  made  by  Mr.  Ingersoll, 
which  was  not  heard  distinctly  by  the  reporter.! 
Mr.  P.  jirocceded.  As  it  had  been  indicated 
that  gentlemen  intended  to  take  a  vote  upon  tlu' 
resolution,  he  would  ask  whether  it  was  possi- 
ble for  the  members  of  the  House  to  express 
their  opinions  on  this  subject  with  an  adecpiate 
knowledge  of  the  facts.  The  Committee  of 
Ways  and  Means  had  spent  nearly  the  whole 
session  in  the  examination  of  one  or  two  jioints 
connected  with  this  subject.  The  range  of  in- 
vestigation had  been,  of  necessity,  much  less 
extensive  than  the  deep  importance  of  the  sub- 
ject reriuired ;  but,  before  any  opinion  could  be 
properlv  expressed,  it  was  important  that  the 
facts  develojied  by  the  committee  should  lie  un- 
derstood. There  had  been  no  opportunity  for 
this,  and  there  was  no  necessity  for  the  exjires- 
sion  of  a  preinuture  opinion  unless  it  was  consi- 
dered essential  to  whitewash  the  bank.  If  the 
friends  of  the  bank  deemed  it  indispensably  neces- 
sary, in  order  to  sustain  the  bank,  to  call  lor  an 
expression  of  o])ini(in,  where  the  House  had  eii- 
1  joyed  no  ojiportunity  of  examining  the  testimony 
I  and  proof  ujion  which  alone  a  correct  ojiinion 
I  could  be  formed,  he  shonlii  be  comj)elled,  briefly, 
j  to  present  one  or  two  facts  to  the  House.  1 1  had 
1  been  one  of  the  objects  of  the  Committee  of  Ways 
I  and  Means  to  ascertain  the  circumstances  i-elativu 
I  to  the  postponement  of  the  redemption  of  tlio 
'  throe  percent,  stock  by  the  bank.  With  the  muss 


20O 


THIRTY  YEARS'  VIKW. 


of  other  important  'Infics  rlevolving  wpon  the 
coimiiittce,  oh  full  an  iiivcstipition  of  the  con- 
dition of  the  lank  ns  \vii«  di-siiiildc  couM  not  1)C 
expected.  The  conmiiftee,  therefore,  had  h<-en 
ctl)li(red  to  limit  their  in<iuirieH  to  thifi  Fuhject 
of  the  three  |)er  a-nts ;  the  other  fiuljects  f»f 
investigation  were  only  incidental.  Upon  tliis 
main  suhject  of  inquiry  the  wliole  coniniiltee, 
majority  an  well  ns  nnnoritv,  were  of  opinion 
that  the  hank  had  eiieedeff  its  lepitimatc  ati- 
tlK>rity,  and  had  taken  nieas\ire8  which  were  in 
direct  violation  of  its  charter,  lie  woirld  read 
u  single  sentence  from  the  report  of  the  major- 
ity, which  conclusively  e.stahlighcd  this  position. 
In  the  transactions  upon  this  Kuhject,  the  ma- 
jority of  the  committee  expressly  say,  in  their 
report,  that  '  the  bank  exceeded  its  legitimate 
authority,  and  that  this  proceeding  had  no  suf- 
ficient warrant  in  the  correspondence  of  the 
iStoretary  of  the  Trcasur}-.'  Could  language  be 
more  explicit  ?  It  was  then  the  unanimous  opin- 
ion of  the  committee,  upon  this  main  topic  of 
inq,uiry,  that  the  bank  had  exceeded  its  legiti- 
mate authority,  and  that  its  proceedings  relative 
to  tluj  three  per  cents  had  no  sufficient  warrant 
in  the  correspondence  of  the  Secretary  of  the 
Treaeurj'.  Tlie  Bank  of  the  United  States,  it 
must  be  remembered,  had  been  made  the  place 
of  deposit  for  the  public  revenues,  for  the  pur- 
pose of  meeting  the  expenditures  of  the  govern- 
ment. With  the  public  money  in  its  vaults,  it 
was  bound  to  pay  the  demands  of  the  govern- 
ment. Among  these  demands  upon  the  public 
money  in  the  bank,  was  that  portion  of  the  pub- 
lic debt  of  which  the  redemption  had  been  or- 
dered. Had  the  bank  manifested  a  willingness 
to  pay  out  the  public  money  in  its  possession 
for  this  object  ?  On  examination  of  the  evi- 
dence it  would  be  found  that,  as  early  as  March, 
1832,  the  president  of  the  bank,  without  the 
knowledge  of  the  government  directors,  had  in- 
stituted a  correspondence  with  certain  holders 
of  the  public  debt,  for  the  purpose  of  procuring 
a  postponement  of  its  redemption.  There  was, 
at  that  time,  no  cholera,  which  could  be  charged 
with  giving  occasion  to  the  correspondence. 
When  public  notice  had  been  given  by  the  Sec- 
retary of  the  Treasurj'  of  the  redemption  of  the 
debt,  the  president  of  the  bank  immediately  came 
to  Wasliington,  and  requested  that  the  redemp- 
tion might  be  postponed.  And  what  was  the 
reason  then  assigned  by  the  president  of  the 
bank  for  this  postponement?  Why,  that  the 
measure  would  enable  the  bank  to  afford  the 
merchants  great  facilities  for  the  transaction  of 
their  business  under  on  extraordinary  pressure 
upon  the  money  market.  What  was  the  evi- 
dence upon  this  point  ?  The  proof  distinctly 
showed  that  there  was  no  extraordinary  pres- 
sure. The  monthly  statements  of  the  bank  es- 
tablished that  there  was.  in  fact,  a  very  consider- 
able curtailment  of  the  facilities  given  to  the 
merchants  in  the  commercial  cities. 

''  The  minority  of  the  Committee  of  Ways 
and  Means  had  not  disputed  the  ability  of  the 


bank  to di.«harj»c its  <libts  in  its  own  conn  nii nt 
time  ;  but  hod  the  bank  promjitly  puiil  the  i.iiMi,. 
money  depo.><itetl  in  its  vaults  when  (■alitd  fur  ( 
As  early  oAOctoljer,  lh31,  the  h.mk  hail  iiuti,;^ 
jMitcd  that  durin;;  the  cours^e  of  iH.'ii]  it  u,,„i,| 
not  he  ollowed  the  nndi.stnrlied  and  |iirnmtKnt 
use  of  the  public  di-jiosits.  In  the  circular  onlurs 
to  the  sevcml  branches  which  were  then  is>Mi.(l 
the  necessity  was  stated  for  collecting  the  lufins 
for  refunding  tho.^e  de|)osit8  from  the  ioai^ 
which  were  then  outstanding.  Ellbrts  wure 
ma<le  by  the  branches  of  the  West  to  malic 
collections  for  that  object ;  but  th(),sc  eliorts  en- 
tirely failed.  The  debts  due  upon  loans  mado 
by  the  Western  branches  had  not  been  curtailiHj. 
It  was  fotnid  impo.ssiblo  to  curtail  them.  As 
the  list  of  (liscounts  had  gone  down,  the  list  of 
domestic  bills  of  exchange  had  gone  up.  'J  ho 
application  before  alludecl  to  was  made  in  Marcii 
to  Mr.  Ludlow,  of  New-York,  who  represented 
about  1,700,000  of  tha  public  debt  to  po.st|Kine 
its  redemption.  This  expedient  also  failed.  Then 
the  president  of  the  bank  came  to  Washington 
for  the  purpose  of  procuring  the  postponement 
of  th»  period  of  redemption,  upon  tlie  grounij 
that  an  extraordinary  pressure  existed,  and  tiio 
public  interest  would  be  promoted  by  eniiblin" 
the  bank  to  use  the  public  money  in  afi'ordinrr 
facilities  to  the  merchants  of  the  conimercial 
cities.  And  what  next  ?  In  July,  the  piesident 
of  the  bank  and  the  exchange  committee,  without 
the  knowledge  of  the  head  of  the  treasury,  or 
of  the  board  of  directors  of  the  bank,  instituted 
a  secret  mission  to  England,  for  the  purpose  of 
negotiating  in  effect  a  loan  of  five  millions  of 
dollars,  for  which  the  bank  was  to  pay  interest. 
The  propriety  or  object  of  this  mission  was  not 
laid  before  the  board  of  directors,  and  no  clue 
was  afforded  to  the  government.  Mr.  Cadwal- 
ader  went  to  England  upon  this  secret  mission. 
On  the  1st  of  October  the  bank  was  advised  of 
the  arrangement  made  by  Mr.  Cadwalader,  by 
which  it  was  agreed,  in  l>ehalf  of  the  bank,  to 
purchase  a  part  of  the  debt  of  the  foreign  holders, 
and  to  defer  the  redemption  of  a  part.  Now,  it 
was  well  known  to  every  one  who  had  taken 
the  trouble  to  read  the  charter  of  the  bank,  tiiat 
it  was  expressly  prohibited  from  purchaiiing 
public  stock.  On  the  15th  October  it  was  dis- 
covered that  Cadwalader  had  exceeded  his  in- 
structions. This  discovery  by  the  bank  took 
place  immediately  after  the  circular  letter  of 
Baring,  Brothers,  &  Co.,  of  London,  announcing 
that  the  arrangement  had  been  published  in  one 
of  the  New-York  papers.  This  circular  gave  the 
first  information  to  the  government,  or  to  any  one 
in  this  country,  as  far  as  he  was  advised,  excepting 
the  exchange  committee  of  the  bank,  of  the 
object  of  Cttdwalader's  mission.  In  the  limited 
time  which  could  now  be  spared  for  this  discus- 
sion, it  was  impossible  to  go  through  the  parti- 
culars of  this  scheme.  It  would  be  seen,  on 
examination  of  the  transaction,  that  the  bank 
had  directly  interfered  with  the  redemption  of 
the  public  debt,  for  the  obvious  reason  that  it 


ANNO  IsSX     AX  DREW  JACKSON,   IMIFSIKKNT. 


291 


fX'  nnrt'ilc  to  rrfiinfl  tho  pulilic  (!ono»it.«.  The 
,hiil'  n»  wa«  not  the >:rounii  nf  the  c»rri'!'|M)iuU'nrt' 
,.,itli  I.ufllow.  It  wna  not  the  cholera  which 
i,roii;:ht  the  prceidont  of  the  hank  to  Waxhiii^ton, 
•n  n.'<i"C!<t  the  jKjstiioncnu'nt  of  tlie  re<lem]ition 
f.f  the  'Icht ;  nor  Wiia  it  the  cholera  wliich  lod  to 
the  resolution  of  the  exchange  committw  of  the 
hank  to  send  Caihvalader  to  England.  The  true 
,lisorder  was,  the  impossibility  in  which  the 
tank  found  itself  to  concentrate  its  funds  and 
diminish  its  loan?.  It  had  been  stated  in  the 
report  of  the  majority  of  the  committee,  that  the 
certificates  of  tho  preater  portion  of  the  three 
[nr  cents  had  been  surrendered.  It  had  been 
said  that  there  was  now  less  than  a  million  of 
this  di'bt  outstanding.  In  point  of  fact,  it  would 
stem,  from  the  correspondence,  that  between  one 
and  two  millions  of  the  debts  of  which  the  cer- 
tificates had  been  surrendered,  had  been  paid  by 
t!ie  bank  becoming  debtor  to  the  foreign  holder 
instead  of  the  government.  The  directors  appear 
to  suppose  this  ha.s  not  been  the  case,  but  the 
correspondence  shows  that  the  certificates  have 
ton  sent  home  under  this  arrangement.  After 
this  brief  explanation  of  the  conduct  of  the  bank 
in  relation  to  the  public  deposits,  ho  would  ask 
whether  it  was  necessary  to  sustain  the  credit 
of  the  bank  by  adopting  this  resolution." 

The  vote  on  tho  resolution  was  taken,  and 
resulted  in  a  large  majority  for  it — 109  to  40. 
Those  who  voted  in  tho  negative  were :  John 
Anderson  of  Maine  ;  William  G.  Angel  of  New- 
York  ;  William  S.  Archer  of  Virginia ;  James 
Bates  of  Maine;  Samuel  Bcardsley  of  New- 
York  ;  John  T.  Bergen  of  New-York ;  Laughlin 
Bethune  of  North  Carolina;  John  Blair  of 
Tennessee ;  Joseph  Bouck  of  New- York ;  John 
C.  Brodhead  of  New-York;  John  Carr  of 
Indiana;  Clement  C.  Clay  of  Alabama;  Henry 
^.  Connor  of  North  Carolina ;  Charles  Dayan 
of  New-York;  Thomas  Davenport  of  Virginia; 
William  Fitzgerald  of  Tennessee ;  —  Clayton 
of  Georgia ;  Nathan  Gaither  of  Kentucky  ; 
William  F.  Gordon  of  Virginia;  Thomas  II. 
Hall  of  North  Carolina;  Joseph  W.  Harper 
of  New  Hampshire  ;  —  Hawkins ;  Michael 
Hoffman  of  New-York  ;  Henry  Horn  of  Penn- 
sylvania ;  Henry  Hubbard  of  New  Hampshire ; 
Adam  King  of  Pennsylvania ;  Joseph  Lecompte 
of  Kentucky ;  Chittenden  Lyon  of  Kentucky ; 
Joel  K.  ^lann  of  Kentucky ;  Samuel  W.  Mardis 
of  Alabama;  John  Y.  Mason  of  Virginia;  Jon- 
athan McCarty  of  Indiana ;  Thomas  R.  Mitchell 
of  South  Carolina ;  Job  Pierson  of  New- York ; 
James  K.  Polk  of  Tennessee ;  Edward  C.  Reed 
of  New- York ;  Nathan  Soule  of  New- York ; 
Jesse  Speight  of  North  Carolina;  Jas.  Standifer 


I  of  Tennessee ;  Francis  Thoman  of  Mnr^liind  ; 
I  Wiley  Thompson  of  (Jeorjria;  Daniel  \V art! will 
'  of  New-York  ;  Jaint'S  M.  Wayne  of  Georjrin  ; 
John  W.  Wetks  of  New  Hiimp.'.hire  ;  Ciiinj)lKll 
P.  AVhite  of  New-York:  .1.  T.  II.  Worlhinjrton 
of  Maryland.  And  thus  the  Imnk  not  only  es 
capod  withotit  censure,  but  received  high  eoni- 
mendation  ;  while  its  conduct  in  relation  to  the 
three  per  cents  placed  it  \uiequivocally  in  the 
category  of  an  unfaithful  and  prevaricating  agent ; 
and  only  left  open  the  inquiry  whether  its  con- 
duct was  the  result  of  inability  to  pay  the  sunj 
required,  or  a  disposition  to  make  something  for 
itself,  or  to  favor  its  debtors — the  most  innocent 
of  these  motives  Iwing  negatived  by  the  sinister 
concealment  of  the  whole  transaction  from  the 
government  (after  getting  delay  from  it),  its 
concealment  from  the  public,  its  concealment 
even  from  its  own  board  of  directors — its  entire 
secrecy  from  beginning  to  end — until  accidentally 
discovered  through  a  London  letter  published  in 
New-York.  These  are  .he  same  three  per  cents, 
the  redemption  of  which  through  an  enlargement 
of  the  powers  of  the  sinking  fund  commissioners 
I  had  endeavored  to  effect  some  years  before, 
when  they  could  have  bet  .  bought  at  about 
sixty-six  cents  in  the  dollar,  and  when  my  at- 
tempt was  defeated  by  the  friends  of  the  bank. 
They  were  now  paid  at  the  rate  of  one  hundred 
cents  to  the  dollar,  losing  all  the  time  the  inter- 
est on  the  deposits,  in  bank,  and  about  four 
millions  for  the  appreciation  of  the  stock.  The 
attempt  to  get  this  stock  redeemed,  or  interest 
on  the  deposits,  was  one  of  my  first  financial 
movements  after  I  came  into  the  Senate ;  and  the 
ease  with  which  the  bank  defeated  me,  preventing 
both  the  extinction  of  the  debt  and  the  payment 
of  interest  on  the  deposits,  convinced  me  how 
futile  it  was  to  attempt  any  legislation  unfavor- 
able to  the  bank  in  a  case  which  concerned  itself. 


J   ■- 


CHAPTER      LXXVI. 

ABOLITION    OF  IMPKISONMEXT   FOE  DEBT. 

The  philanthropic  Col.  R.  M.  Jolinson,  of  Ken- 
tucky, had  labored  for  years  at  this  humane 
consummation ;  and  finally  saw  his  labors  suc- 
cessful. An  act  of  Congress  was  passed  abol- 
ishing all  imprisonment  for  debt,  under  process 


M 


292 


THlIfn'  YEARS'  VIKW. 


I  I 


:< 


fioni  tlic  courts  of  tli(;  I'liittMl  Sinter:  tlic  only 
ixtctit  to  whicli  an  wt  of  ('t»iij:rc'f<s  could  po. 
J)_V  force  of  its  fii!icliiiciit-i ;  hut  it  couM  p"  iiuicli 
fuillicr.  iiinl  (lid.  ill  tiie  force  of  txiimjile  ami  in-  i 
liuciicc ;  and  lias  led  to  thcccfwatioii  of  the  prac- 1 
ticf  of  iinpris()iiin;r  tlie  <k'])tors.  in  nil.  or  nearly  i 
all.  of  till,'  States  and  'I'erritorie.s  of  the  I'nioii ; 
!.:id  without  the  evil  coiif^ecniciiccs  which  had  i 
))'.en  dreaded  from  the  loss  of  this  remedy  over 
tlie  person.  It  led  to  u  preat  many  oppressions  ■ 
while  it  existed,  and  was  often  relied  ujjon  in  ex- 
tending; credit,  or  inducinp;  improvident  people  I 
to  incur  deht,  where  there  was  no  means  to  pay 
it,  or  property  to  meet  it,  in  the  hands  of  the 
debtor  liiniself;  'mt  reliance  wholly  placed  upon 
the  sympathies  of  third  persons,  to  save  a  friend 
or  relative  from  confinement  in  a  prison.  The 
dower  of  wives,  and  the  purses  of  lathers,  bro- 
thers, sisters,  friends,  were  thus  laid  under  con- 
tribution by  heartless  creditors  ;  and  scenes  of 
cruel  oppression  were  witnessed  in  every  State. 
Insolvent  laws  and  bankrupt  laws  were  invented 
to  cover  the  evil,  and  to  separate  the  unfortunate 
from  the  fraudulent  debtor ;  but  they  were  slow 
iiud  imperfect  in  operation,  and  did  not  reach 
tlie  cases  in  which  a  cold  and  cruel  calculation 
wa?  made  upon  the  sympathies  of  friends  and 
relatives,  or  upon  the  chances  of  catchinj^  the 
('.'■btor  in  .some  strange  and  unbefriendcd  jjlace. 
\  broader  remedy  was  wanted,  and  it  was  found 
in  the  total  abolition  of  the  practice,  leaving  in 
full  force  nil  the  remedies  against  fraudulent 
evasions  of  debt.  In  one  of  his  reports  on  the 
subject,  Col.  Johu.son  thus  deduced  the  history 
of  this  custom,  called  "barbarous,"  but  only  to 
be  fmmd  in  civilized  countries : 

'•  [n  ancient  Greece,  the  power  of  creditors 
over  the  persons  of  their  debtors  was  absolute; 
and,  as  in  all  cases  where  despotic  control  is  toler- 
ated, tlu'ir  rapacity  was  boundless.  They  com- 
jielled  the  insolvent  debtors  to  cultivate  their 
lands  like  cattle,  to  perform  the  service  of  beasts 
of  burden,  and  to  tran.sfer  to  them  their  sons  and 
daughters,  whom  they  exported  as  slaves  to  for- 
eign countries. 

"These  iietsof  cruelty  were  tolerated  in  Athens, 
during  her  more  barbarous  state,  and  in  perfect 
:onsoirince  with  the  character  of  a  people  who 
could  elevate  a  Draco,  and  bow  to  his  mandates, 
registered  in  blood.  ]kit  the  wisdom  of  Solon 
corrected  the  evil.  Athens  felt  the  benefit  of 
the  refoiui ;  and  the  pen  of  the  historian  has  re- 
corded the  name  of  her  lawgiver  as  the  benefac- 
tor of  mail.  In  ancient  Rome,  the  condition  of 
the  unfortunate  poor  was  still  more  abject.  The 
cruelty  of  the  Twelve  Tables  against  insolvent 


debtors  should  \iv  held  up  as  a  Wacon  of  W8n>. 
ing  to  all  nuHlorn  nation'^.  After  jiidirineuiwsj 
obtained,  thirty  days  of  grace  were  allowed  1«. 
fore  a  Honian  was  delivered  into  the  jxnver  of  |,;< 
creditor.  After  this  |ieriod.  he  wius  retuinifl  iti 
a  private  prison,  with  twelve  ounces  of  riie  f,r 
his  daily  sustenance,  lie  might  be  iHiiind  wiili 
a  chain  of  fifteen  pounds  weight ;  and  his  nii.-irv 
was  three  times  e-xjw.sed  in  the  niarket-j)lai.v.  lii 
e.xcite  the  compassion  of  his  friends.  At  iji,. 
expiration  of  sixty  days,  the  debt  wius  discliar^reu 
b}-  the  loss  of  liberty  or  life.  The  in.solvem 
debtor  was  cither  put  to  death  or  sold  in  llir- 
eipn  slavery  beyond  the  Tiber.  But,  if  .sevei u! 
creditors  were  alike  obstinate  and  unrekntin;.', 
they  might  legally  di.sniember  his  body,  iiiiil 
.satiate  their  revenge  by  this  liorrid  partition. 
Though  the  relinements  of  modern  eriticisiij, 
have  endeavored  to  divest  this  ancient  cruelty  ol' 
its  horrors,  the  faithful  Gibbon,  who  is  nut  re- 
markable for  his  partiality  to  the  poorer  cla.-s, 
preferring  the  liberal  sen.sc  of  antiiiuity,  draw; 
this  dark  picture  of  the  effect  of  giving  the  nv- 
ditor  power  over  the  person  of  the  debtor.  N,, 
sooner  was  the  Koman  enijiire  subverted  tjuin 
the  delusion  of  Roman  perfection  began  to  vani>li. 
and  then  the  absurdity  and  cruelty  of  this  sys- 
tem began  to  be  exploded — a  system  which  cun- 
vulsed  Greece  and  Jionic,  and  filled  the  worll 
with  misery,  and,  without  one  redeeming  bene- 
fit, could  no  longer  be  endured — and.  to  tin- 
honor  of  humanity,  for  about  one  thoiifanu 
j-ears,  during  the  middle  ages,  imprisonment  I'lr 
debt  was  generally  abolished.  They  seeintd  to 
have  understood  what,  in  more  modern  tinu?, 
we  are  less  ready  to  comprehend,  that  power,  in 
any  degree,  over  the  person  of  the  debtor,  is  ilif 
sat^e  in  principle,  varying  onlj'  in  degree.  wlietlii.r 
it  be  to  imprison,  to  enslave,  to  brand,  to  dis- 
member, or  to  divide  his  bodj'.  But,  as  the  la]).«o 
of  time  removed  to  a  greater  distance  the  ci  iiol- 
ties  which  had  been  sull'ered,  the  cupidity  of  tie 
affluent  found  means  again  to  introduce  the  sy.s- 
tem ;  but  by  such  slow  gradations,  that  the  un- 
s'lspecting  poor  were  scarcely  conscious  of  the 
change. 

"The  history  of  English  jurisprudence  fur- 
nishes the  remarkable  fact,  that,  for  many  coii- 
turies,  personal  liberty  could  not  be  violated  fur 
debt.  Property  glone  could  be  taken  to  satii^fy 
a  pecuniary  demand.  It  was  not  until  the  reiu'ii 
of  Henry  III.,  in  the  thirteenth  century,  that  tlie 
principle  of  imprisonment  for  debt  was  retogiiizeJ 
in  the  land  of  our  ancestors,  and  that  was  in 
favor  of  the  barons  alone ;  the  nobility  ajiainst 
their  bailiffs,  who  liad  received  their  rents  ami 
li'ad  appropriated  them  to  their  own  use.  Ikru 
was  tlie  shadow  of  a  pretext.  The  great  olijec- 
tion  to  the  punishment  was,  that  it  was  inflicted 
at  the  pleasure  of  the  baron,  without  a  trial :  an 
evil  incident  to  aristocracies,  but  obnoxious  to 
republics.  The  courts,  under  the  pretext  of  im- 
puted crime,  or  constructive  violence,  on  the  jiait 
of  the  debtor,  soon  began  to  extend  the  princijile. 
but  without  legislative  sanction.   In  the  elevcntli 


ANNO  isnx     AMUIKW  JACKSOX.  rKllSIDr.NT. 


•2r:^ 


vf.ir  of  the  rriim  <>(  F'lwanl  T..  t)if  immivliate 
iiiiros.sor  of  llonry,  tlio  riL'lit  of  iiiipnsKiiinjr  ' 
iKIitors  wa.s  est<  iidcil  to  iniTch.tiit^  —  Jcwi-li 
nuirrlmnt-;  <'Xfc|)tc<l,  on  ai-cnint  of  tli"ir  lictiTo- 
(luxv  in  ri'li?ion — and  was  pxtTriscd  witli  jrri'iit 
ikviVity.  This  i-xti'iision  was  nn  net  of  jiolicy 
on  tlic  l>art  of  the  monarcli.  The  a-scendiMicy 
ii!itaini'(l  hy  tlie  barons  nienacvd  thi;  power  of 
i!ii.'  tlirone  ;  nnd.  to  counteract  their  infliieniv, 
til','  merchants,  a  nnnieroiis  and  weidthy  clas?, 
H-.Te  selected  by  tlie  monarch,  and  iiivcsteil  with  j 
tin'  same  authority  over  their  delitors. 

'•  But  Kn<;lan(l  was  not  yet  prepared  for  the  j 
yoke.  Stie  could  enchire  an  hereditary  nobility  ; 
Vk  could  tolerate  a  inonardiy ;  but  she  could 
II  t  vet  rosiijn  her  nnfortunato  sons,  indiscrimi- 
niitoiy.  to  the  prison.  The  barons  and  the  mer- 
chants had  trained  the  power  over  their  victims  ; 
vit  more  than  sixty  years  elajised  before  I'arlia- 
iiient  dared  to  venture  another  af't  reeosniziii;^ 
th'j  principle.  Durinpj  this  period,  imprison- 
ment for  debt  h.ad,  in  some  defrrce,  lost  its  no- 
velty, 'i'he  incarceration  of  the  debtor  befran 
to  niakc  the  impression  that  fraud,  and  not  mis- 
drtiine,  had  broufrht  on  his  catasti-ophc,  and 
that  he  was,  therefore,  nnworthy  of  the  i)rotec- 
tioii  of  the  law,  and  too  de{};raded  for  the  society 
of  the  world.  Parliament  then  ventured,  in  the 
mp\  of  Edward  III.,  in  the  fourteenth  century, 
td  extend  the  principle  to  two  otlier  cases — debt 
ind  detinue.  This  measure  opened  the  door 
fir  the  impositions  which  were  ftradually  intro- 
duced by  judicial  usurpation,  and  have  resulted 
\i\  the  most  cruel  oppression,  I'arliament,  for 
one  hundred  and  fifty  years  afterwards,  did  not 
venture  to  outrti"^  the  sentiments  of  an  injured 
and  indignant  people,  by  extending  the  i)ower 
to  ordinary  creditors.  But  they  had  laid  the 
foundation,  and  an  irresponsible  judiciary  reared 
tha  superstructure.  From  the  twenty-fourth 
year  of  the  reign  of  Edward  III.,  to  the  nine- 
teenth of  Henry  VIII.,  the  subject  slumbered 
in  Parliament.  In  the  mean  time,  all  the  inge- 
nuity of  the  courts  was  emploj'ed,  by  the  intro- 
duction of  artificial  forms  and  legal  fictions,  to 
extend  the  power  of  imprisonment  for  debt  in 
cases  not  provided  for  by  statute.  The  juris- 
diction of  the  court  called  the  King's  Lench,  ex- 
tended to  all  crimes  or  distuibances  against  the 
peace.  Under  this  court  of  criminal  jurisdic- 
tion, the  debtor  was  arrested  by  what  was 
called  the  writ  of  Middlesex,  uiwn  a  supposed 
trespass  or  outrage  against  the  peace  and  dig- 
nity of  the  crown.  Thus,  by  a  fictitious  con- 
ftruction,  the  person  who  owed  his  neighbor 
was  supposed  to  be,  what  every  one  knew  him 
not  to  bo,  a  violator  of  the  |«;ace,  and  an  of- 
fender against  the  dignity  of  the  crown ;  and 
while  \\\j  body  was  held  in  custody  for  this 
crime,  he  was  proceeded  against  in  a  civil  action, 
fur  which  he  was  not  liable  to  arrest  under 
statute.  The  jurisdiction  of  the  court  of  com- 
mon pleas  extended  to  civil  actions  arising  be- 
tween individuals  upon  private  transactions. 
lu  nistain  its  importance  upon  a  scale  equal 


with  that  ('fit-;  rival,  fhi-*  rmxrt  nls'>  adopted  if^ 
lictinn^,  an<i  exti  uclcfj  it-i  p'lwer  ui"pn  nriiliii.il 
eonr^truetiun,  ipiile  as  fir  beyuid  it-*  .■■tittiitory 
preri;.'ativi' ;  and  upon  thr  lictitinus  jilca  if 
tri'-iias-!.  constiiutiiiir  a  lr;.'al  -iippo-itinii  <>f  nut- 
raire  nzaiu-it  thi-  |>e;u'e  of  the  kin;.'d'iin.  niithnr- 
izi^l  the  writ  of  ca|iias,  and  cubseipient  nnjiii- 
siinnient,  in  ca^es  where  a  summon-t  only  wn-; 
warranted  by  law.  Tlie  cnurt  of  exchcipui' 
wiLS  designed  to  prc'i'i  t  the  kinj:'s  revenue,  anil 
had  no  legal  jinisiliction.  exci'pt  in  easos  id 
del)tors  to  the  i)ublii-.  The  in^'i'iuiity  of  thi-i 
court  found  means  to  (  xtend  its  jiirisdietion  to 
all  cases  of  <lebt  between  individuals,  upon  the 
lictitio'is  plePv  that  the  plaintilf,  wiio  in>titnt.| 
the  suit,  was  a  debtor  to  the  king,  and  n  mlirvd 
the  less  able  to  discharge  the  debt  by  tl'.e  d'  - 
fault  of  the  defendant.  I'jiou  this  artilieial  pie- 
text,  tliat  the  defendant  was  delttor  to  tli" 
king's  debtor,  the  court  of  exidieipier,  to  seitire 
the  king's  revenue,  usurped  the  power  of  av- 
ruigning  and  imprisoning  debtors  of  every  <le- 
S'-ription.  Thus,  the.se  rival  courts,  each  ambi- 
tious to  sustain  its  relative  importance,  and  ex- 
tend its  jurisdiction,  introduceil,  as  legal  fact-. 
the  most  pa!i)al)le  fieti(jns,  and  sustair.ed  the 
most  absurd  solecisms  as  legal  syllogisms. 

'"  Where  the  person  f)f  the  debtoi'  was  by 
statute,  held  sacred,  the  courts  devised  the 
means  of  construing  the  demand  of  a  debt  into 
the  supposition  of  a  crime,  for  which  he  was 
.subject  to  arrest  on  mesne  process;  and  the 
evidence  of  debt,  into  the  conviction  of  a  crime 
against  the  peace  of  the  kingdom,  for  which  he 
was  deprived  of  his  liberty  at  the  pleasure  cf 
the  oll'endod  party.  Tliese  practices  of  tiie 
courts  obtained  by  regular  gradation.  Each  act 
of  usurpation  was  a  precedent  for  similar  out- 
rages, until  the  system  became  general,  and  at 
length  received  the  sanction  of  J'arliameiit. 
The  spirit  of  avarice  finally  gained  a  complete  tri- 
umph over  personal  liberty.  The  sacred  claims 
of  misfortune  were  disregarded,  and,  to  the  iroa 
grasp  of  poverty,  were  added  the  degrada- 
tion of  infamy,  and  the  misery  of  the  dimgeon 

"  While  imprisonment  for  debt  is  sanctioned, 
the  threats  of  the  creditor  arc  a  source  of  jr;- 
petual  distress  to  the  dependent,  fiien<lle-s 
debtor,  holding  his  liberty  by  siillerance  alone. 
Temptations  to  oppression  are  constantly  in 
view.  The  means  of  injusti'^e  arc  always  at 
hand ;  and  even  helpless  females  are  not  ex- 
empted from  the  barbarous  practice.  In  a  Ian  I 
of  liberty,  enjoying,  in  all  other  respects,  the 
freest  and  happiest  government  with  which  the 
world  was  ever  blessed,  it  is  matter  of  astonish- 
ment that  this  cruel  custom,  .so  anomalous  to 
all  our  institutions,  inflicting  so  much  misery 
upon  society,  should  have  been  so  long  endured.'' 

The  act  was  i)assed  soon  after  this  masterly 
report  was  made,  followed  by  similar  acts  in 
most  of  the  States ;  and  has  been  attended 
every  where  with  the  beneficial  effect  restilting 


'/ 


:F* 


2r«4 


TIIMITY  Yi: ARS-  VIKW. 


:l' 


1! 


!i 


from  the  Kiipiiix-ssion  of  any  false  nml  vicious 
l>rincipk'  in  li'Kislafion.  It  is  a  falsi-  and  viciou-s 
|)i'in('i|)I(>  in  the  HVNtcni  of  crcijit  to  a'linit  n  ral- 
•  iilation  lor  tin-  clianfo  of  pavnii'iit,  founded  on 
tlio  Hynipathy  and  nlarins  of  third  parties,  or  on 
tlie  <l('(;radati<)n  and  incarceration  of  tho  debtor 
iiiinself.  .Siicii  a  j)rinciplc  is  morally  wrong, 
and  prwticttlly  nnjust ;  and  there  is  no  excuse 
f»r  it  in  the  plea  of  fraud.  The  idea  of  fraud 
(loi's  not  enter  into  the  contract  at  its  original 
formation ;  and  if  <Kcurring  afterwards,  and  the 
duhtor  undertakes  to  defraud  his  creditor,  there 
ir>  a  coiio  of  law  made  for  the  case  ;  and  every 
case  should  rest  Ufwu  its  own  circumstances. 
As  an  element  of  credit,  iniprisonmei\t  for  debt  is 
condenuicd  by  morality,  by  humanity,  and  by  tlie 
(■ciencc  of  jwlitical  economy;  and  its  abolition 
has  worked  well  in  reducing  the  elements  of  cre- 
dit <o  their  legitimate  derivation  in  the  personal 
charact'^r,  visible  means,  and  present  securities 
of  tlie  contracting  debtor.  And,  if  in  that  way, 
it  has  diminislied  in  any  degree  the  wide  circle 
of  credit,  that  is  an  additional  advantage  gained 
to  the  good  order  of  society  and  to  the  solidity 
of  the  social  edifice.  And  thus,  as  in  so  many 
other  instances,  American  legislation  has  ame- 
liorated the  law  derived  from  our  English  ances- 
tors, and  given  an  example  which  British  legis- 
lation may  some  day  follow. — In  addition  to 
the  honor  of  seeing  this  humane  act  passed 
during  his  administration.  General  Jackson  had 
the  furtlior  and  higher  honor  of  having  twice 
rc'connncndcd  it  to  the  favorable  consideration 
of  Congress. 


CHAPTER    LXXVII. 

SALE  OF  UNITE  ■)  STATES  STOCK   IN  THE  NA- 
TIONAL   BANK. 

The  President  in  his  annual  message  had  re- 
commended the  sale  of  this  stock,  and  all  other 
stock  held  by  the  United  States  in  corporate 
companies,  with  the  view  to  disconnecting  the 
government  from  such  corporations,  and  from 
nil  pursuits  properly  belonging  to  individuals. 
And  he  made  the  recommendation  upon  the  po- 
litical principle  which  condemns  the  rartnership 
of  the  governmont  with  a  corporation;  and 
apon  the  economical  principle  which  condemns 


the  national  pursuit  of  any  branch  of  indu-tr- 
and  leaves  the  profit,  or  loss  of  all  such  piirMiii, 
to  individual  enterprise;  and  u|)on  the  beliif.  iu 
this  instani'e,  that  the  partnership  was  un.>-afi-- 
that  the  firm  would  fail — and  the  stwkholiKr. 
lose  their  investment.  In  conformity  to  tl.:, 
recommendation,  a  bill  was  brought  into  i].,. 
House  of  IJepresentalives  to  sell  the  public  stDCK 
hchl  in  the  bank  of  the  United  States,  JmI,,,, 
seven  millions  of  dollars  in  amount,  and  consi.i. 
ing  of  n  national  stock  bearing  five  per  centi;i> 
interest.  The  bill  was  met  at  t!ie  threshold  I,, 
the  parliamentary  motion  which  implies  the  ui,- 
worthiness  of  the  subject  to  be  considered; 
namely,  the  motion  to  reject  the  b'll  at  the  flr>t 
reading.  That  reading  is  never  for  considera- 
tion, but  for  information  oidy;  and,  although 
debatable,  carries  the  implication  of  unfitno>, 
for  debate,  and  of  some  flagrant  enorniitv 
which  requires  rejection,  without  the  honor  i.f 
the  usual  forms  of  legislation.  That  motion  was 
made  by  a  friend  of  the  bank,  and  seconded  hy 
the  member  (Mr.  AVatmough)  supposed  to  le 
familiar  with  the  wishes  of  the  bank  director',. 
The  speakers  on  each  side  gave  vent  to  expres- 
sions which  showed  that  they  felt  the  indignjiv 
that  was  offered  to  the  bill,  one  side  in  promct- 
ing — the  other  in  opposing  the  motion.  Mr. 
Wickliffe,  the  mover,  said :  "  He  was  impcllid, 
by  a  sense  of  duty  to  his  constituents  and  to  his 
country',  to  do  in  this  case,  what  he  had  never 
done  before — to  move  the  rejection  of  a  bill  at 
its  first  reading.  There  are  cases  in  whicli 
courtesy  should  yield  to  the  demands  of  justice 
and  public  duty ;  and  this,  in  my  humble  opin- 
ion, is  one  of  them.  It  is  a  bill  fraught  with 
ruin  to  all  private  interests,  except  the  interest 
of  the  stockjobbers  of  Wall-street."  Mr.  Wat- 
mough  expressed  his  indignation  and  amaze- 
ment at  the  appearance  of  such  a  bill,  and  even 
fell  upon  the  committee  which  reported  it  with 
so  much  personality  as  drew  a  call  to  oi-der  from 
the  Speaker  of  the  House.  "  He  expressed  his 
sincere  regret  at  the  neccessity  which  comjjolloil 
him  to  intrude  upon  the  House,  and  to  express 
hi^  opinion  on  the  bill,  and  his  indignation 
against  this  persecution  of  a  national  institu- 
tion. Ho  was  at  a  loss  to  say  which  feelins; 
predominated  in  his  bosom — amazement,  at  tlri 
want  of  financial  skill  in  the  supporters  of  the  Ml 
— or  detestation  of  the  unrelenting  spirit  of  tlie 
administration  persecution  on  that  floor  of  an  in- 


ANNO  JSns.     ANDUF.W  JACKSON.  n:F>II>!.NT 


2'.\:t 


fMliitio"  admitU'iI  hy  the  wisest  ami  tlic  In-st 
i:kI1  of  thu  times  to  be  al)!")Itit«'ly  essential  to  the 
ixi-tLiicc  and  eafety  of  this  I'liidn,  and  ahiiost 
ti,  that  of  the  constitution  itself  wJiicli  formed  , 
;t9  ha-is.     lie  said,  he  was  amazed  tliat  such  a  { 
1,111,  lit  such  a  crisis,  could  emanate  from  any  I 
niiiiiiiittce  of  this  House;  but  his  amazement 
,r,i3  diminished  when  he  recalled  to  mind  the  . 
vdurcc  from  which  it  came.     It  came  from  the  j 
(niiiniittic  of  "Ways  and  Means,  and  was  under 
the  jiiirental  care  of  the  gentleman  from  Tcn- 
ncisst'c.    Need  he  say  more  1 " 

Nuw,  the  member  thus  referred  to,  and  who, 
after  being  pointed  out  as  the  guardian  of  the 
bill  required  nothing  more  to  be  said,  was  Mr. 
IVlk,  afterw^ards  President  of  the  United  States. 
Uut  parliamentary  law  is  no  respecter  of  per- 
6on3,  and  would  consider  the  indecorum  and 
outrage  of  the  allusion  equally  reprehensible  in 
the  case  of  the  youngest  and  least  considerable 
member;  and  the  language  is  noted  here  to 
show  the  indignities  to  which  members  were 
subjected  in  the  House  for  presuming  to  take 
any  step  concerning  the  bank  which  militated 
iiaiiist  that  corporation.  The  sale  of  the  gov- 
crmncnt  stock  was  no  injury  to  the  capital  of 
the  biuik :  it  was  no  extinction  of  seven  millions 
of  capital  but  a  mere  transfer  of  that  amount 
to  private  stockholders — such  transfer  as  took 
placp  daily  among  the  private  stockholders.  The 
only  injury  could  be  to  the  market  price  of  the 
slock  in  the  possible  decline  involved  in  the 
withdrawal  of  a  large  stockholder ;  but  that  was 
a  damage,  in  the  eye  of  the  law  and  of  morality, 
without  injury ;  that  is,  without  injustice — 
the  stockholder  having  a  right  to  do  so  without 
the  assignment  of  reasons  to  be  judged  of  by  the 
corporation;  and  consequently  a  right  to  sell 
out  and  withdraw  when  he  judged  his  money  to 
be  unsafe,  or  unprofitably  placed,  and  suscepti- 
ble of  a  better  investment. 

Mr.  Polk  remarked  upon  the  unusual  but  not 
unexpected  opposition  to  the  bill ;  and  said  if  the 
House  was  now  forced  to  a  decision,  it  would  be 
done  without  opportunity  for  deliberation.  lie 
vindicated  the  bill  from  any  necessary  connection 
with  the  bank — with  its  eulogy  or  censure. 
Tliis  eulogy  or  censure  had  no  necessary  con- 
nection with  a  proposition  to  sell  the  government 
stock.  It  was  a  plain  business  proceeding.  The 
bill  authorized  the  Secretary  of  the  Treasury  to 
tell  the  stock  upon  such  terms  as  he  should  deem 


In'st  for  the  government.  It  wiw*  an  i.-olateil 
pn>position.  It  prii|K>sed  to  disenthral  the  piv 
eniHunt  fnim  a  partnership  with  this  incor|Hir;»t 
ed  conqiany.  It  jiroposed  to  pi-t  rifl  of  the  in 
tcrcKt  which  the  government  had  in  this  moni  yed 
mon(>|ioly  ;  and  to  do  so  b}-  a  sale  of  the  goviTii- 
ment  stocks,  and  on  terms  not  Ih.1ow  the  market 
price.  lie  was  not  dispose*!  to  depreciate  tli« 
value  of  the  article  which  he  wished  to  sell.  Ilu 
was  willing  to  rest  ujK)n  the  right  to  sell.  Tho 
friends  of  the  bank  themselves  raised  the  question 
of  solvency,  it  would  seem,  that  they  might  have 
an  opportunity,  to  eulogize  the  institution  under 
the  forms  of  a  defence.  This  was  not  the  time 
for  such  a  dis<'US8ion — for  an  incjuiry  into  the 
conduct  and  condition  of  the  bank. 

The  argument  and  the  right  were  with  tho 
supjiorters  of  the  bill ;  but  they  signified  nothing 
against  the  firm  majority,  which  not  only  stood 
by  the  corporation  hi  its  trials,  but  supported  it 
in  its  wishes.  The  bill  was  immediately  rejected, 
and  by  a  summary  process  which  inflicted  a  new 
indignity.  It  was  voted  down  under  the  opera- 
tion of  the  "  previous  question,"  which,  cutting 
off  all  debate,  and  all  amendments,  consigns  a 
measure  to  instant  and  silent  decision — like  tho 
" moit  sans  phrase "  (death  without  talk )  of  tho 
Abbe  Sieycs,  at  the  condemnation  of  Louis  tho 
Sixteenth.  But  the  vote  was  not  very  triumph- 
ant— one  of  the  leanest  majorities,  in  fact,  which 
the  bank  had  received :  one  hundred  and  two  to 
ninety-one. 

The  negative  votes  were : 

"  Messrs.  Adair,  Alexander,  R.  Allen.  Anderson, 
Angel.  Archer,  Barnwell,  James  Bates,  Beardsley, 
Bell,  Bergen,  Bethune,  James  Blair,  John  Blair, 
Boon,  Bouck,  Bouldin,  John  Brodhead,  John  C. 
Brodhead,  Cambreleng,  Chandler,  Chinn.  Clai- 
borne, Clay,  Clayton,  Coke,  Connor,  Davenport, 
Dayan,  Doubleday,  Draper,  Felder,  Ford,  F-'ster, 
Gaither,  Gilmore,  Gordon,  Griffin,  Thomas  H. 
Hall,  William  Ilall,  Harper,  Hawkins,  Iloflmnn, 
Holland,  Horn,  Howard,  Hubbard,  Isacks,  Jar- 
vis,  Jewett,  Richard  M.  Johnson,  C.ivc  -John- 
son, Kavanagh,  Kennon,  Adam  King,  John  King, 
Lamar,  Lansing,  Leavitt,  Lecompte,  Lewis,  Lyon, 
Mann,  Mardis,  Mason,  ^IcCarty,  Wni.  JleCoy, 
Mclntire,  McKay,  Mitchell,  Newnan,  Nuckolls, 
Patton,  Pierson,  Plummer,  Polk,  Etlward  C. 
Reed,  Roane,  Soule,  Speight,  Standifer,  John 
Thompson,  Vcrplanck,  Ward,  Wardwcll,  Wayne, 
Weeks,  Campbell,  P.  White,  Worthington. — 
9L" 

Such  was  the  result  of  this  attempt,  on  the 
part  of  the  government,  to  exercise  the  most  or- 


.'  I  ,.• 


I.  '11 


20G 


THHITY  YEARS'  VIEW. 


iliiiary  ri(;lit  of  a  8ti)rkli<il<U>r  to  h'])  its  nlmrcH : 
o|i|K)<i'(l,  iiixiiltc'd,  (kTi'iitfil ;  nii'l  l>y  tlip  powor 
fif  till!  hank  ill  Ciin^ri'«f»,  of  wli<..«('  iiicmlitTs 
8iil»Ri'i|iifiit  iiivi<sti};!itioiiH  sliowcil  ulmve  lifly  to 
\h)  borrinvtrs  from  the  inslitution  ;  jiiul  many  to 
1m>  on  tlu-  list  of  it.s  n'tainoii  attorneys.  Hut 
lliirt  wtis  not  tlio  flPNt  timo  tlic  novcrnniciit  liu'i 
U'l'n  so  Iri'iitfil.  Tliu  snniu  thin^  iiail  lia|i|K'ne(l 
once  hofori',  and  alioiit  in  tin;  Kaiiiowayj  but 
witliout  the  (<iinii'  cxcnso  of  jn'rht'cutiun  and  en- 
mity to  tlic  coriioration  j  for,  it  whh  before  the 
time  of  (iencral  Jackson's  I'residency  ;  to  wit,  in 
the  year  1.SJ7,  and  mulcr  tiie  I'residency  of  Mr. 
Qiiincy  Adams.  Mr.  I'iiilip  !'.  IJarhour.reprcsen- 
liitive  from  Viriri)»in,.  moved  an  impiiry,  at  tiiat 
time,  into  tlie  expediency  of  Kuilin;;  the  United 
States  stock  in  the  bank  :  tlie  consideration  of  the 
resohition  was  delayed  a  week,  the  time  necessary 
for  a  communication  with  I'liiladeliihia.  At  the 
end  of  the  week,  the  resolution  was  taken  up, 
and  summarily  rtjccted.  Mr.  Harbour  had  jdaced 
liis  proposition  wholly  upon  the  ground  of  a 
public  advantage  in  selling  its  stock,  unconnected 
with  any  reason  disparaging  to  the  bank,  and  in 
a  way  to  avoid,  as  he  believed,  any  opposition, 
lie  said: 

"  The  Ilortsc  were  aware  thnt  the  povcniracnt 
liolds,  at  this  time,  stock  of  the  Bank  of  the 
i  'nited  States,  to  the  amount  of  seven  millions  of 
dollars,  whicli  stock  was  at  prcscTit  worth  in 
market  about  twenty-three  and  one  lialf  per 
CL'!it.  advance  above  its  par  value.  If  the  whole 
of  this  stock  should  now  be  sold  by  the  govern- 
ment, it  would  net  a  i)rofit  of  one  million  and 
six  hundred  thousand  dollars  above  the  nominal 
amount  of  the  stock.  Such  being  the  case,  he 
thought  it  deserved  the  serious  consideration  of 
the  House,  whether  it  would  not  be  a  prudent 
and  proper  measure  now  to  sell  out  that  stock. 
It  had  been  said,  Mr.  JJ.  observed,  by  one  of  the 
best  writers  on  political  economy,  w  Hh  whom 
he  was  acquainted,  that  the  pecuniary  affairs  of 
nations  bore  a  close  analogy  to  those  of  private 
households:  in  both,  their  prosperity  mainly 
depended  on  a  vigilant  and  effective  management 
of  their  resources.  There  is,  said  Mr.  IJ.,  an 
amotmt  of  between  seventeen  and  eighteen  mil- 
lions of  the  stock  of  the  United  States  now  re- 
ileeniiible,  and  an  amount  of  nine  millions  more, 
which  will  be  redeemable  next  year.  If  the  in- 
terest {)aid  by  the  United  States  on  this  debt  is 
compared  with  the  dividend  it  receives  on  its 
Ptock  in  the  Bank  of  the  United  States,  it  will 
be  foimd  that  u  small  advantage  would  be  gained 


by  the  sale  of  the  latter,  in  thin  rcsport ;  (,;i,p, 
the  dividends  on  bank  stock  arc  rereiviti  m  i,, . 
immmlty,  while  the  iiiten-st  of  (he  United  siim, 
Kcurilies  is  paid  fpiarterly ;  this,  liowevir,  |, 
waived  as  a  iiiatter  of  comparatively  small  i;,, 
mint.     It  mu>l  be  obvious,  he  said,  that  tln'  a/ 
dition  of  one  million  six  hundred  thou^all'l  i|., . 
lars  to  the  available  fmids  of  the  United  >tai. 
will  jiroiluce  thi;  extinguishment  of  an  ei|iii\a. 
lent  amount  of  the  public  debt,  and  ronsef|iiem'' 
relieve  the  interest  payable  thereon,  by  wliiil,., 
saving  would  accrue  of  about  one  hundivd  tlin;. 
sand  dollars  per  annum." 

This  was  what  Mr.  Barbour  said,  at  the  ti:;; 
of  offering  the  rct^olution.  When  it  came  tip  i.  r 
consideration,  a  week  after,  he  found  his  inoiioi. 
not  only  opposed,  but  his  motives  impeached,  an'l 
the  most  sinister  designs  imimted  to  himself— 
to  him  !  a  Virginian  country  gentleman,  hdm-t 
and  modest ;  ignorant  of  all  indirection ;  upright 
and  open  ;  a  stranger  to  all  guile  ;  and  with  the 
simplicity  and  integrity  of  a  child.  lie  decilv 
felt  this  impeachment  of  motives,  certainly  the 
first  time  in  his  life  that  an  indecent  imputatio;! 
had  ever  fallen  upon  him ;  and  he  feelingly  dijffu- 
catcd  the  intensity  of  the  outrage.     He  said : 

"  We  shall  have  fallen  on  evil  times,  indeed,  if 
a  member  of  this  House  might  not,  in  tlie  in- 
tegrity of  his  heart,  rise  in  his  place,  and  otHr 
for  consideration  a  measure  which  ho  believed 
to  be  for  the  public  weal,  without  having  all  tliat 
he  said  and  did  imputed  to  some  hidden  molivi;, 
and  referred  to  some  secret  purpose  which  was 
never  presented  to  the  public  eye." 

His  proposition  was  put  to  the  vote,  and  re- 
ceived eight  votes  besides  hie  own.  They  were ; 
Messrs.  Mark  Alexander,  John  Floyd,  John 
Roane,  and  himself,  from  Virginia ;  Thomas  II. 
Hall,  and  Daniel  Turner,  of  North  Carolina  | 
Tomlinson  Foot  of  Connecticut;  Joseph  Le- 
compte,  and  Henry  Daniel,  of  Kentucky.  And 
this  was  the  result  of  that  first  attempt  to  sell 
the  United  States  stock  in  a  bank  chartered  by 
itself  and  bearing  its  name.  And  now,  why  re- 
suscitate these  buried  recollections?  I  answer: 
for  the  benefit  of  posterity  !  that  they  may  have 
the  benefit  of  our  experience  without  the  humi- 
liation of  having  undergone  it,  and  know  what 
kind  of  a  master  seeks  to  rule  over  them  if 
another  national  bank  shall  ever  seek  incorpor* 
tioD  at  their  hands. 


ANNO  isr.i    ANDREW  JACKSoN.  IMlFMIiKNT. 


297 


Tote,  and  re- 


CII  A  I'T  Ell    L  XX  VIII. 

.VfU.lFICATlo.V   ()i:l)I\ANCK   IN   I*;>CT1I   CAI.o- 
LIN.V. 

Ir  lias  been  Keen  that  the  whole  question  of  the 
Vmiiicjin  system,  and  CHiKx-ially  itn  prominent 
future  of  a  lii;;h  protective  tariff,  was  put  in 
i-stK'  in  tlio  presidential  canvass  of  1802;  and 
iliiil  tlie  lonR  session  of  Congress  of  that  year 
n;i.i  (iccupied  by  the  friinds  of  this  system  in 
Uingint;  forward  to  the  best  advuntjigc  all  its 
|,  lints,  and  staking  its  fate  upon  the  issue  of  the 
tlictiiin.  That  issue  was  against  the  system; 
a<\  the  Congress  elections  taking  place  contem- 
luraiieously  with  the  presidential  were  of  the 
.line  character.  The  fate  of  the  Ameriosin  sys- 
ttin  was  sealed.  Its  domination  in  federal 
lijiislation  was  to  cease.  This  was  acknowledged 
,,:\  all  hands ;  and  it  was  naturally  expected 
that  all  the  States,  dissatisfied  with  that  system, 
would  be  satisfied  with  the  view  of  its  speedy 
and  regular  extinction,  under  the  legislation  of 
tlie  approaching  session  of  Congress ;  and  that 
expectation  was  only  disappointed  in  a  single 
State — that  of  South  Carolina.  She  had  held 
aloof  from  the  presidential  election — throwing 
awiiy  her  vote  upon  citizens  who  were  not  can- 
didates— and  doing  nothing  to  aid  the  election 
(f  General  Jackson,  with  whose  success  her 
interests  and  wishes  were  apparently  identified. 
Instead  of  quieting  her  apprehensions,  and  mode- 
rating her  passion  for  viole-<t  remedies,  the 
success  of  the  election  seemed  to  inflame  them ; 
and  the  2 1th  of  November,  just  a  fortnight  after 
the  election  which  decided  the  fate  of  the  tarifij 
slie  issued  her  ordinance  of  nullification  against 
it,  taking  into  her  own  hands  the  sudden  and 
violent  redress  which  she  prescribed  for  herself. 
That  ordinance  makes  an  era  in  the  history  of 
our  Union,  which  requires  to  be  studied  in  order 
to  understand  the  events  of  the  times,  and  the 
l.i.^tory  of  subsequent  events.  It  was  in  these 
words : 

"  ORDINANCE. 

'■All  ordinance  to  miUify  certain  acts  of  the 
Cnn^rress  of  the  United  imitates,  purporting  to 
If  laws  laying  duties  and  imposts  an  the  im- 
portation of  foreign  commodities, 

'•  Whereas  the  Congress  of  the  United  States, 
ty  varioua  acts,  purporting  to  be  acts  laying 


(hifii'S  and  im|io«ts  on  fi>r»i;:n  imi'ort't.  but  in 
reality  inti'iifled  fi>r  the  prnii-i'linii  nl"  lioiiu'stii- 
ninniil'actiires,  rihI  the  giving  ol'  liomitir:*  to 
classi-B   mid  vicliiiils   fng!i>r>'d  in    |iartii'Ml;ir 

enipl<>\  uu'Uts,  ilio  t'XjK>n-*f  and  I"  llir  iniury 
ami  oppri-^sidii  of  other  clns.-e-i  and  iniliviilnal-.. 
anil  by  wholly  exempting  from  tn\atioti  ciTtain 
furt'ign  comniiMlitics,  such  as  are  not  prodncnl 
or  nminifuctured  in  the  United  Statt-n,  to  alliird 
a  jjretext  lor  im|M)siiig  higher  and  exci-^-ivc 
<lutLi'S  on  articles  tiiniilar  to  tliosi'  intt'ndc<l  to 
Iw  protected,  hath  exceeded  its  just  powers  iimitr 
the  constitution,  which  confers  on  it  ni>  antliorii y 
to  allbrd  such  pn)tection,  and  hath  violated  tlie 
true  meaning  and  intent  of  the  constitutiun, 
which  |)r()vi(les  for  equality  in  imposing  tlie  bur- 
dens of  taxation  upon  the  several  States  and 
portions  of  the  confederacy:  And  wlureas  the 
said  Congress,  exceeding  its  just  power  to  impose 
taxes  and  collect  revenue  for  the  purpose  of 
etl'ecting  and  accomplishing  the  specific  objects 
and  fiurposeH  which  the  constitution  of  the 
United  Mutes  authorizes  it  to  ell'ect  and  accom- 
plish, hath  raised  and  collected  uiniecessary 
revenue  for  objects  unauthorized  liy  the  consti- 
tution. 

"We,  therefore,  the  people  of  the  State  of 
South  Carolina,  in  convention  assembled,  do 
declare  and  ordain,  and  it  is  hereby  declared  and 
ordained,  that  the  several  acts  and  parts  of  acts 
of  the  Congress  of  the  United  States,  |iurporting 
to  be  laws  for  the  imposing  of  duties  un<l  imposts 
on  the  importation  of  foreign  connnodities,  and 
now  having  actual  of>eration  and  ellci't  within 
the  United  States,  and,  more  especially,  an  act 
entitled  '  An  act  in  alteration  of  the  several  acts 
imposing  duties  on  imports.'  approved  on  the 
nineteenth  day  of  May,  one  thousand  eight  hun- 
dred and  twenty-eight,  and  also  an  act  entitled 
'An  act  to  alter  and  amend  the  several  acts 
imposing  duties  on  imports,'  approved  on  the 
fourteenth  day  of  July,  one  thousand  eight 
hundred  and  thirty-two,  are  unauthorized  by 
the  constitution  of  the  United  States,  and  violate 
the  true  meaning  and  intent  thereof,  and  aiv 
null,  void,  and  no  law,  nor  binding  upon  this 
State,  its  officers  or  citizers  ;  and  all  jironiises, 
contracts,  and  obligations,  made  or  entered  into, 
or  to  be  made  or  entered  into,  with  purpose  to 
secure  the  duties  imposed  by  the  said  acts,  and 
all  judicial  proceedings  which  shall  be  heieaHer 
had  in  affirmance  thereof,  are  and  shall  be  held 
utterly  null  and  void. 

"And  it  is  further  ordained,  that  it  shall  not 
be  lawful  for  any  of  the  constituted  authorities, 
whether  of  this  State  or  of  the  United  States,  to 
enforce  the  payment  of  duties  imposed  by  the 
said  acts  within  the  limits  of  this  State  ;  but  it 
shall  be  the  duty  of  the  legislature  to  adopt  such 
measures  and  pass  such  acts  as  may  bn  necessa- 
ry to  give  full  effect  to  this  ordinance,  and  to 
prevent  the  enforcement  and  arrest  the  o|)era- 
tion  of  the  said  acts  and  parts  of  acts  of  tlie  Con- 
gress of  the  United  States  within  the  limits  of 
this  State,  from  and  after  the  1st  day  of  Feb- 


{ 


I         I,'       'fl'f 


^ 


M 


298 


Tiiin-n'  YF.Ans-  view. 


rtinry  next,  and  the  <Iiity  of  nil  otluT  ronstifiitwl 
aiithoritii's,  nii<l  of  all  (HTsoim  rcHidiiifr  or  In'injf 
within  the  limits  of  thi^  Stall',  nnd  tli<v  an; 
IhtvIiv  n'c|uiri'<i  nnd  cnjolntMl  to  ohcy  nn<i  p^'*-' 
ftt't'ct  to  tlii-«  orilinuncf,  and  snch  nets  an<l  niun- 
huri'S  of  ihc  Ic^i^lutniv  as  may  Ihi  passed  or 
adopK-d  in  olM'iiioncu  tlaTcto. 

"An<l  it  is  furlliiT  ordainnl,  tliat  in  no  case 
of  law  or  e(|iiily,  di'cidiil  in  the  courts  of  lliis 
State,  wherein  shall  he  drawn  in  (piestion  the 
authority  of  this  ordinanee.  or  the  validity  of 
sueh  net  or  acts  of  the  legislature  as  may  he 
passed  for  the  jmrposc"  of  fiivinf?  etlei-t  thereto, 
or  the  validity  of  the  aforesaid  iwts  of  Con(.rreHH, 
imposin;.'  duties,  shall  any  ap|K'al  he  taken  or 
allowed  to  the  Supreme  Court  of  the  United 
States,  nor  shall  any  copy  ol"  tho  record  l>o  |)cr- 
mitted  or  allowed  for  that  purpose;  and  if  any 
Biich  ap]ieal  shall  he  attempted  to  l>e  taken,  tho 
court.s  ol'  this  State  shall  i)roceed  to  execute  and 
enforce  their  Judfrments,  accordinfj;  to  the  laws 
and  iisa;:;es  ol'  the  State,  without  reference  to 
such  attempted  a])peal,  and  the  ix>rson  or  per- 
sons attempting;  to  take  giich  a|){)eal  may  he 
dealt  with  as  for  a  contempt  of  the  court. 

■'And  it  is  further  or<Iaine<l,  that  all  person.s 
now  holdinu;  any  oHicc  of  honor,  profit,  or  trust, 
civil  or  military,  nnder  this  State  (meinhers  of 
the  lejiislattire  excepted),  shall,  within  such 
time,  and  in  such  mamier  us  the  legislature  shall 
prescribe,  take  an  oath  well  nnd  truly  to  olje^', 
execute,  and  enforce  this  ordinance,  and  such  act 
or  acts  of  tho  legislature  as  may  bu  passed  in 
liursuanee  thereof,  according  to  tho  true  intent 
and  meaning  of  tho  same ;  and  on  tho  neglect 
or  omi.ssion  of  any  such  person  or  perso..s  so  to 
do,  his  or  their  olfico  or  otHees  shall  l)C  i.)rth- 
with  vacated,  and  shall  be  filled  up  as  if  such 
person  or  persons  were  dead  or  had  resigned ; 
and  no  jicrson  hereafter  elected  to  any  office  of 
honor,  profit,  or  trust,  civil  or  military  (mem- 
bers of  tho  legislature  excepted),  shall,  imtil  the 
k'gislature  shall  otherwise  provide  and  direct, 
enter  on  tho  execution  of  his  office,  or  bo  in  any 
respect  coni[)etent  to  discharge  the  duties  there- 
of, until  he  shall,  in  like  manner,  have  taken  a 
similar  oath  ;  and  no  juror  shall  bo  cmpannelled 
in  any  of  the  courts  of  this  State,  in  any  cause 
in  which  phall  be  in  question  this  ordinance,  or 
any  act  of  the  legislature  passed  in  pursuance 
thereof,  unless  ho  shall  first,  in  addition  to  the 
usual  oath,  have  taken  an  oath  that  he  will  well 
nnd  trul}'  obey,  execute,  and  enforce  this  ordi- 
nance, and  such  act  or  acts  of  the  legislature  as 
may  be  [lasseil  to  carry  tho  same  into  operation 
and.  effect,  according  to  tho  true  intent  and 
meaning  thereof. 

"  And  we,  the  people  of  South  Carolina,  to  the 
end  that  it  may  bo  fully  understood  by  the  gov- 
ernment of  the  United  States,  and  the  people  of 
the  co-Statos,  that  we  are  determined  to  main- 
tain this  our  ordinance  and  declaration,  at  eyery 
hazard,  do  further  declare  that  we  will  not  sub- 
mit to  the  application  of  force,  on  the  part  of 
the  federal  government,  to  reduce  this  State  to 


oiK'dienco ;  hut  that  we  will  coti!>id«  r  the  pa, 
finge,  by  Congnss,  of  any  act  aulhoriziri;;  i;, 
employment  of  a  niilitary  or  naval  furee  a;;iii;.' 
the  State  of  South  t'arolina,  her  couvtitutiDii;,; 
authoritieH  or  ('iti7.cns;  or  any  art  alMillNljnii;,, 
closing  the  |;orls  of  thii  State,  or  any  of  tin  ii, 
or  otherwise  oh-tructing  the  free  in;;re»  ai,,i 
egress  of  vessels  to  and  from  the  said  l)ort»,  .• 
any  other  act  on  the  part  of  the  federal  goviri!- 
munt,  to  coiTce  the  State,  shut  up  her  ports,  d,. 
stroy  or  hamss  her  commerce,  or  to  enforce  t||, 
arts  hereby  declared  to  Ih)  null  and  void,  otl,,  r, 
wise  than  through  the  civil  tribunals  of  tln^i 
country,  as  inconsistent  with  the  longer  om- 
tinuanco  of  South  t'arolina  in  the  Union ;  m,.! 
that  the  j)eoplo  of  this  State  will  theneefurih 
hold  themselves  ab.solved  from  all  further  (iMj. 
gation  to  maintain  or  preserve  their  pojiticil 
connection  with  tho  people  of  the  other  States. 
and  will  forthwith  proceed  to  organize  a  .siiui- 
rate  govcrnnK-nt,  and  do  nil  other  acts  and  tliiii'.! 
which  .sovereign  nnd  indejwndent  States  may  of 
right  dc. 

"  Don;;  in  convention  at  Columbia,  the  tHcn- 
ty-four.h  day  of  November,  in  tho  year  of  our 
Lonl  ■>u';  thousand  eight  hundred  and  thirty- 
two,  md  in  the  lifty-seventh  year  of  the  dedV 
ration  t  i"  tho  indeiHJndenco  of  tho  United  Stulis 
of  America  " 

This  ordinance  placed  the  State  in  the  atti- 
tude of  open,  forcible  resistance  to  tho  laws  of 
the  United  States,  to  take  effect  on  the  first  diiy 
of  February  next  ensuing — a  period  witliin 
which  it  was  hardly  possible  fcr  the  exisitiiif: 
Congress,  even  if  so  disposed,  to  ameliorate  ob- 
noxious laws ;  and  a  period  a  month  carliir 
than  tho  commencement  of  the  legal  existencu 
of  the  now  Congress,  on  which  all  reliance  was 
placed.  And,  in  tho  mean  time,  if  any  attempt 
should  be  made  in  any  way  to  enforce  the  ob- 
noxious laws  except  through  her  own  tribunals 
sworn  against  them,  tho  fact  of  such  attempt 
was  to  terminate  the  continuance  of  South  Caro- 
lina in  the  Union — to  absolve  her  from  all  con- 
nection with  the  federal  government — and  to 
establish  her  as  a  separate  government,  not  only 
unconnected  with  the  United  States,  but  uncon- 
nected with  any  one  State.  This  ordinance, 
signed  by  more  than  a  hundred  citizens  of  tlic 
greatest  respectability,  was  officially  communi- 
cated to  the  President  of  the  United  States; 
and  &  cose  presented  to  him  to  tost  his  patriot- 
ism, his  courage,  and  his  fidelity  to  his  inaugu- 
ration oath— an  oath  taken  in  the  presence  of 
Cod  and  man,  of  Heaven  and  earth,  "  to  take 
care  that  the  laws  of  the  Union  were  faithJuH^ 
executed,"    That  President  was  Jackson ;  and 


ANNO  IA33.     AN'I>KR\V  JMKMm.  i-VBIlMtNT. 


293 


jhocvmt  HfHin  provj'fl,  wlint  in  fiict  im  ouc  iloiilit- 
.1  ilint  ho  wiiH  not  fnW  t"  hi*  tlutv,  hi*  ckiui- 

»   '•  •  j 

irv.aii'l  his  oath.     Without  cuHinj;(iii  C'tni^rnKH  ^ 
l,,r  f.xtraopliimry  i)«)>vi'r'<,  ho  incn'ly  advcrtc*!  i 
,.)  his  annual  nieiwafio  to  the  attitudf  of  tlic  | 
-nU:  nil''  procofdetl  to  nii-ct  the  oxi^onry  hy 
ihc  ixt'iri«c  of  the  powers  he  alri'iitly  imiskcmbciI. 


CIIAPTKll    LXXIX. 

riiOCL.VMATION  AGAINST  MTLLIFICATIOX. 

Tub  onlinaii''e  of  nullification  rcaplierl  Pix'si- 
ilcnt  Jiickson  in  the  iirst  days  of  Deceinljcr, 
a;id  (HI  the  tenth  of  that  month  the  proclama- 
tion  was  issued,  of  which  the  followin-?  are  the 
t*?ciitial  and  leading  parts : 

'•Whereas  a  convention  assembled  in  the  State 
of  South  Carolina  have  jMissed  an  ordinance,  by 
wliii'h  they  declare  '  that  the  several  acts  and 
]iarts  of  acts  of  the  Confjresa  of  the  United  States, 
[iiiriiortinp  to  be  laws  lor  the  imposing  of  duties 
and  imposts  on  the  importation  of  foreign  com- 
modities, and  now  having  actual  operation  and 
eti'tct  within  the  United  States,  and  more  es- 
iKcially '  two  acts  for  the  same  purposes,  j)as8ed 
„n  the  2'.lth  of  May,  1828,  and  on  the  14th  of 
July,  1832,  'are  imauthorized  by  the  constitu- 
tion of  the  United  States,  and  violate  the  true 
meaning  and  intent  thereof,  and  are  null  and 
void,  and  no  law,'  nor  binding  on  the  citizens  of 
tiiat  State,  or  its  officers :  and  by  the  said  ordi- 
nance, it  is  further  declared  to  be  unlawful  for 
any  of  the  constituted  authorities  of  the  State  or 
of  the  United  States  to  enforce  the  payment  of 
the  duties  imposed  hy  the  said  acts  within  the 
same  State,  and  that  it  is  the  duty  of  the  legisla- 
tuic  to  pass  such  laws  as  may  be  necessary  to 
g  ve  full  effect  to  the  s«id  ordinance ; 

"  And  whereas,  by  the  said  ordinance,  it  is 
further  ordained,  that  in  no  case  of  law  or  equity 
decided  in  the  courts  of  said  State,  wherein  shall 
Ik!  drawn  in  question  the  validity  of  the  said  or- 
dinance, or  of  the  acts  of  the  legislature  that  may 
be  jiassed  to  give  it  effect,  or  of  the  said  laws  of 
tiie  United  States,  no  appeal  shall  be  allowed  to 
tl'.e  Supreme  Court  of  the  United  States,  nor 
shall  any  copy  of  the  record  be  permitted  or  al- 
lowed for  that  purpose,  and  that  any  person  at- 
tempting to  take  such  appeal  shall  be  punished 
lis  for  a  contempt  of  court : 

"  *Vnd,  finally,  the  said  ordinance  declares  that 
ihe  people  of  South  Carolina  will  maintain  the 
said  ordinance  at  every  hazard ;  and  that  they 
will  consider  the  passage  of  any  act,  by  Congress, 
iibolishiug  or  closing  the  ports  of  the  said  State, 
nr  otherwise  obstructing  the  free  ingress  or 


••en-**  of  »f«-«'U  •••  Rn<t  f-.iiii  iKf- «tn  (if»rt«.  flr 

any  other  act  of  Ihi- ffdiTslfovi'miii  •  i..«wri"»i 

the   State,  shut  up  Ikt  jHirt*.  iU->ir'  •■r  iMfMs 

hrr  cotiiini'P'f.  or  to  tiifori-"  th<>  "ni't  ■•■'*  ofhiT- 

wi.-o  tliiiii  Miroii|:h  tin-  civil  trilmn  .  t^niu 

try.  as  incou>isiciit  wiili  the  Ihml'i  i  :  inci' 

of  .'•^outil  ('ill-iiiiliA  ill  the  rniitii-,  ui|i|  1  ti  tile 
p«'opIe  of  the  caiil  State  will  tliiiicefiirlli  Imld 
themselves  nb'<olved  from  all  '"Mrthcr  otilipitiou 
to  nuiintnin  or  preserve  their  political  ron- 
noction  with  the  jH'ople  of  the  other  ."^tates, 
and  will  forthwith  proceed  to  orgiiiii/e  a  sepa- 
rate pivernineiit,  au'l'doikll  oiheracts  and  tliin^r-i 
which  soveieign  and  :ndei)fudent  States  may  of 
right  do; 

'•  And  whereas  the  said  ordinance  presrrilirs 
to  the  iH'ople  of  South  Carolina  a  course  of  con- 
duct in  direct  violation  of  their  duty  as  citizens 
of  the  I'nited  States,  contrary  to  the  laws  of 
their  country,  subversive   of    its  constitution, 
and  having  for  it.s  object  the  destruction  of  the 
Union — that  Union  which,  coeval  with  our  po- 
litic.il  exifteiici'.  UmI  our  fathers,  without  any 
other  ties  to  unite  them  than  those  of  patriotism 
and  a  common   cause,   through   a  saiifniinary 
struggle  to  a  glorious  indeiK-iulence — that  sacred 
Union,  hitherto  inviolate,  which,  iK-rficted  by 
our  happy  constitution,  has  brought  us,  by  the 
favor  of  Heaven,  to  a  state  of  prosperity  at 
home,  and  high  consideration  abroad,  rarely,  if 
ever,  equalled  in  the  history  «)f  nations:     To 
preserve  this  bond  of  our  politioil  existence  from 
destruction,  to  maintam  inviolate  this  state  of 
national  honor  and  prosperity,  and  to  justify  the 
confidence  my  fellow-citizens  have  reposed  in  me, 
I,  Andrew   Jackson,  I'resident  of  the   United 
States,  have  thought  projier  to  issue  this  my 
proclamation,  stating  my  views  of  the  constitu- 
tion and  laws  applicable  to  the  measuies  adopt- 
ed by  the  convention  of  South  Carolina,  and  to 
the  reasons  they  have  put  forth  to  sustain  them, 
declaring  the  course  which  duty  will  require  mo 
to  pursue,  and,  api)ealing  to  the  understanding 
and  patriotism  of  the  people,  warn  them  of  the 
consequences  that  must  inevitably  result  from 
an  observance  of  the  diet  itcs  of  the  convention. 
"  Strict  duty  would  require  of  me  nothing 
more  than  the  exercise  of  those  powers  witli 
which  I  am  now,  or  may  hereafter  be,  invested, 
for  preserving  the  peace  of  the  Union,  and  for 
the  execution  of  the  laws.     But  the  imposing  as- 
pect which  opposition  has  assumed  in  this  case, 
by  clothing  itself  with  State  authority,  and  the 
deep  interest  which  the  people  of  the  United 
States  must  all  feel  in  preventing  a  resort  to 
stronger  measures,  while  there  is  a  hope  that 
any  thing  will  be  yielded  to  reasoning  and  re- 
monstrance, perhaps  demanded,  and  will  certain- 
ly justifj^,  a  full  exposition  to  South  Carolina 
and  the  nation  of  the  views  I  entertain  of  this 
important  question,  as  well  as  a  distinct  enun- 
ciation of  the  course  which  my  sense  of  duty 
will  require  me  to  jmrsue. 

"  The  ordinance  is  fotmded,  not  on  the  inde- 
feasible right  of  resisting  acts  which  are  plainly 


■  ■-).■ 


300 


TJimTY  YKAIW  VIKW. 


iinconHlitiitioiml  nml  too  oiipn^niTPIo  Itoontliir- 
r<l.  hut  nil  till-  t<trnni'*'  |i'>Mtiiiii  timt  aiij  <iiii> 
St;il4'  limy  ri'it  only  ilccliirr  mi  wt  <>f  ('<»ii(.'n'H« 
viijil.  lull  |iriiliiliit  itM  cxcfiiti'iii ;  tliiil  tlu-y  iimy 
<1'»  this  cnii^iMlnitly  with  the  <'<iii»<titiiti<in  ;  thiit 
the  true  ivMiHtriidiiiii  nf  thiit  inxtniiiiciit  in'nnitM 
II  Slate  to  retain  itn  |ihu'i-  in  the  I'liioii,  nml  yet 
tx'  hoiiml  hy  no  oth<T  of  its  litwN  than  thoNo  it 
iniiy  choof>e  to  n  ii'>i(l('r  ah  ronxtitiitional.  It  Ih 
true,  tliey  iul>l,  tliat  toj^l^tify  tliis  nhrofrttion  of 
li  liiw.  it  iiiiist  be  |)al|mhly  contmry  to  the  con- 
stitution ;  hut  it  is  evi'U'iit.  that  to  (civo  the  ri^rht 
of  resisting  hiws  of  that  description,  foiipleil  with 
the  iiiieont roiled  ri^ht  to  det-idv  uliat  lawH  de- 
nerve  that  (haracfer,  in  fo  j;ive  the  power  of  re- 
>ii>tiiiK  all  hiws.  For  as,  liy  the  theory,  there  is 
no  a|i|K.'al,  the  naHoiis  nilejri'd  hy  the  State.  >t<>o<l 
or  had,  iiinst  prevail.  If  it  hIioiiIiI  lie  raid  that 
|iiihlic  o|iiniou  is  a  Kiiflicieiit  check  n^rainst  the 
uhiise  of  this  power,  it  may  Ih!  aske<l  w  hy  it  is 
not  deemeii  n  sullicient  fruai'd  apiiiist  the  passafje 
of  an  unconstitutional  act  hy  C'on}rn'.ss.  There 
is,  however,  a  restraint  in  this  last  cafo,  which 
makes  the  assiiineil  power  of  a  .State  more  inde- 
feiisililu,  nnd  wliioli  does  not  e.\ist  in  the  other. 
There  are  two  appeals  from  an  unconstitutional 
act  ])assed  by  Coiij^ress — one  to  the  judiciary, 
tiie  other  to  the  |)eo|)le  and  the  States.  There 
\a  no  apjx-al  from  the  State  decision  in  theory, 
nnd  tlio  practical  illustration  ^Iiowh  that  the 
courts  are  closed  aprainst  an  application  to  review 
it,  both  Jud;;'es  ami  jurors  beinj?  sworn  to  decide 
in  its  favor.  ]]ut  reasoning;  on  this  subject  is 
Huperiiuous,  when  our  .social  compact,  in  express 
terms,  declares  that  the  laws  of  the  United  States, 
its  ccnstitution,  and  treaties  made  under  it,  are 
the  supri'ino  law  of  the  land ;  and,  for  greater 
caution,  adds  'that  the  judpes  in  every  SUte 
shall  be  bound  thereby,  any  thing  in  the  consti- 
tution or  laws  of  any  State  to  the  contrary  not- 
withstanding.' And  it  may  be  asserted  with- 
out fear  of  refutation,  that  no  federative  govern- 
ment could  exist  without  a  similar  provision. 
Look  for  a  moment  to  the  consequence.  If  South 
Carolina  considers  the  revenue  laws  unconstitu- 
tional, and  has  a  right  to  prevent  their  execution 
in  the  port  of  Charleston,  there  would  bo  a  clear 
constitutional  objection  to  their  collection  in 
every  other  jiort,  and  no  revenue  could  be  col- 
lected any  where;  for  all  imposts  must  be  equal. 
It  is  no  answer  to  repat,  that  an  unconstitution- 
al law  is  no  law,  so  long  as  the  question  of  its 
legality  is  to  be  decided  by  the  State  itself;  for 
every  law  operating  injuriously  upon  any  local 
interest  will  be  perhaps  thought,  and  certainly 
represented,  as  unconstitutional,  and,  as  has  been 
shown,  there  is  no  appeal. 

"  If  this  doctrine  had  been  established  at  an 
earlier  day,  the  Union  would  have  been  dissolved 
in  its  infancy.  The  excise  law  in  Pennsylvania, 
the  embargo  and  non-intercourse  law  in  the 
Eastern  States,  the  carriage  tax  in  Virginia,  were 
all  deemed  unconstitutional,  and  were  more  un- 
equal in  their  operation  than  any  of  the  laws 
now  complained  of;  but  fortumitely  none  of 


th()«!  Stated  ilinrovrri  <I  that  tlwy  hail  the  n^'l  t 
now  elniiiie<l  by  South  Carolina.  The  w«r,  u,' 
wliich  we  weri-  forced  to  mipiiort  the  di^MiitV(f 
tlie  nation  iid  the  rights  ot  our  ciliretiM,  nii;;!,' 
have  eiidid  in  defeat  and  diHgrarc.  iimfeul  of  v.. 
tory  and  honor,  if  the  Stat4-A  who  HiippoM'il  it  } 
rniiious  and  unconittitutional  nu'a.Min'.  |,;,,| 
thought  they  jHiswssed  the  right  of  nullifvi,,, 
the  act  by  which  it  was  declared,  nnd  diii'viii[. 
supplies  for  its  prosecution.  Hardly  uuri'i,,," 
equally  as  thotx,  Tiieasures  Inire  uiioti  i.('v,.r;,] 
memUrs  of  the  Union,  to  the  legislatures  of  lumi' 
did  this  elllcient  nnd  peaceable  nmedy,  as  it  ,, 
called,  suggest  itself.  The  diwovery  of  thi^i  jn,. 
portant  feature  in  our  constitution  was  re^cm  ; 
to  the  present  day.  To  the  statesmen  o|>oi„  , 
Carolina  Udungs  the  invention,  and  iqioii  tj,, 
citizens  of  that  State  will  unfortunately  full  d,., 
evils  of  reducing  it  to  practice. 

"  If  the  doctrine  of  a  State  veto  upon  tlir  Lm 
of  the  Union  carries  with  it  internal  evideiKvi 
its  impracticable  nlisurdity,  our  constitution  i! 
history  will  also  afford  abundant  proof  tli.'it  u 
would  have  been  repudiated  with  indigiiiitidn 
had  it  Ijcen  propos«'d  to  form  a  feature  in  uur 
government. 

"  In  our  colonial  state,  allhnugh  dependent  (  m 
another  power,  wo  very  early  considered  our. 
selves  as  connected  by  common  interest  with  cadi 
other.  Leagues  were  formed  for  common  de- 
fence, and,  before  the  declaration  of  indepin- 
deuce,  wo  were  known  in  our  aggregate  chaiaoti  r 
as  the  United  Colonies  of  America.  Timt  di- 
cisive  and  important  step  was  taken  jointly 
Wo  declared  ourselves  a  nation  by  a  joint,  nij', 
by  several  acts,  and  when  the  terms  of  ourcHn- 
federation  were  reduced  to  fonn,  it  was  in  timt 
of  a  solemn  league  of  several  States,  by  wliich 
they  agreed  that  they  would  collectively  form 
one  nation  for  the  purpose  of  conducting  sonn' 
certain  domestic  concerns  and  all  foreign  nk- 
tions.  In  the  instrument  forming  that  Union 
is  found  an  article  which  declares  that  'cvcrj- 
State  shall  abide  by  the  determinations  of  I'oii- 
gress  on  all  questions  which,  by  that  conledtm- 
tion,  should  be  submitted  to  them.' 

"  Under  the  confederation,  then,  no  State  could 
legally  annul  a  decision  of  the  Congress,  or  re- 
fuse to  submit  to  its  execution  ;  but  no  provision 
was  mode  to  enforce  these  decisions.  Congress 
made  requisitions,  but  they  were  not  compiitd 
with.  The  government  could  not  operate  on  in- 
dividuals. They  had  no  judiciary,  no  means  ol' 
collecting  revenue. 

"  But  the  defects  of  the  confederation  necil 
tiot  bo  detailed.  Under  its  operation  we  coiiW 
scarcely  be  called  a  nation.  We  had  neither 
prosperity  at  home,  nor  consideration  abroad. 
This  state  of  things  could  not  be  endured,  and 
our  present  happy  constitution  was  formed,  but 
formed  in  vain,  if  this  fatal  doctrine  prevail.  It 
was  formed  for  important  objects  that  are  an- 
nounced in  the  preamble  made  in  the  name  am! 
by  the  authority  of  the  people  of  the  United 
States,  whose  delegates  framed,  and  whose  cod- 


ANNO  IHHS.     AM)KKW  JACKrtOX,  l'UV>H>K.\T. 


aoi 


(  •■)«    A|if>rnrwi   it.      Th«'    m»»t   ini)><>rt«nt ' 
^I'tf   iiliji-ctM,  that   wliich  in  pliwi'ii  iirnt 
11  MrhivUall  till' otliiTit  M'Nt,  IN  -to  fDrni 
,  ,11  '    iK'Ht'Vt  L'liioii.'     Now,  is  it  |)<>Hr>iltlt  iliat 

I,  I  ilicre  wiTu  no  <x|irvsH  prnvibiiiii  >rj\MHf 
■  .i.n':i>>t<'y  t<*  tliu  coii^litutiiiii  uml  lauhnf  tlir 
iiili.i  MiitrH  <ivir   t^l•»^t•  «l   tlu'  Miito — call  it 
.  'i<i)iK'Oivi'<l  timt  an  iiiHtriiiiiiiit  inaili-  fur  tlic 
:ir|i<>M' iif ' i'i)Miiiii);  n  iiiorc  iK'il'irt  I'liion'  tliuii 
ihu!  .iftlie  cuiif»'i|frulii)ii.  t'oulil  U;  ho  c<>ii>triict- 
i  il  .  till-  u»MiiibK'<|  wiMiloin  of  our  country,  iii« 
;,  Mil><titutu  for  that  coiit'i'diTution  a  form  of 
.'uvcrami'iit  diiK'tukiit  for  it,s  fxiHtoncu  on  the 
[jcal  interest,  the  party  npiritof  a  .Stale,  or  of  a 
mviiilins?  fttt'lion  in  ft  Stiite  f     Every  iiiuii  of  ' 
ii'iain,  unsuphiHticated  iinclerstandiii);,  who  hears 
ihe  ijiieMtion,  will  ^ivu  Kiich  an  answer  an  will 
inarve  the  riiioii.     Metapiiysical  nuhtlety,  in 
pursuit  of  an  impracticable  theory,  could  alone 
lave  devised  one  that  io  uilcniated  to  destroy  it. 
"Tlie  constitution  declarett  that  the  judicial 
cioffiis  of  the   l'nite<l  States  e.\tc!id  to  eases 
iiisinn  under  the  laws  of  the  United  States,  and 
iliat  Huch  laws,  the  constitution  and  treaties  shall 
U-  imi'iimount  to  the  State  constitutions  and  laws. 
Till' judiciary  act  prescribes  the  mode  by  which 
the  case  may  bo  bruu);ht  bi'foro  a  court  of  the 
Inited  States :  by  ap|M;al,  when  a  State  tribunal 
shall  decide  a^cniust  this  provision  of  the  consti- 
tuiion.    The  ordinance  declares  there  shall  be 
III)  nppeal ;  makes  the  State  law  paramount  to 
ihe  constitution  and  laws  of  the  Lnited  States  ; 
idi'ces  Judges  and  jurura  to  swear  that  thev  will 
(lMv;;urJ  their  provisions;  and  even  raakes  it 
l>oiial  in  a  suitor  to  attempt  relief  by  appeal.    It 
lurther  declares  that  it  shall  not  be  lawful  for 
iliu  authorities  of  the  United  States,  or  of  that 
■State,  to  enforce  the  payment  of  dutie*^  imposed 
liV  tlie  revenue  laws  within  its  limits. 
'  ■•  Here  is  a  law  of  the  United  States,  not  even 
ju'otcnded  to  be  unconstitutional,  rei)ealed  by  the 
authority  of  u  small  majority  of  the  voters  of  a 
i  i^lo  slat''.     Hero  is  a  provision  of  the  consti- 
lut.'un  v.liicl}  is  eolemuly  abrogated  by  the  same 
iiulhority. 

"  On  such  o.cpositions  and  reasonings,  the  or- 
dinance grounds  not  only  an  as.serlion  of  the 
right  to  annul  the  laws  of  which  it  complains, 
but  to  enforce  it  by  a  threat  of  seceding  from  the 
L'nion,  if  any  attempt  ia  made  to  execute  them. 

"  This  right  to  secede  is  deduced  from  the  na- 
ture of  the  constitution,  which,  they  say,  is  a 
compact  between  sovereign  States,  who  have  pre- 
i-erveil  their  whole  sovereignty,  and,  therefore, 
are  suliject  to  no  superior ;  that,  because  they 
made  the  compact,  they  can  break  it  when,  in 
tlii'ir  opinion,  it  has  been  departed  from,  by  the 
other  States.  Fallacious  as  this  course  of  rea- 
soning is,  it  enlists  State  pride,  and  finds  advo- 
cates in  the  honest  prejudices  of  those  who  have 
not  studied  the  nature  of  our  government  sutti- 
ciently  to  see  the  radical  error  on  which  it  rests. 

"  The  people  of  the  United  States  fonned  the 
constitution,  acting  through  the  State  legisla- 
tures in  making  the  compact,  to  me;^t  and  discuss 


itH  pmviiiionA,  and  artinK  in  iM>|'aniii-ei>nTiMiii<>n4 
when  they  r»tilled  iIimm-  prux  i>.i,iii4  ;  Imt,  tin' 
terms  ii«e<l  in  il*  riiii>.trii<iii«n  «.|i<>w  it  tn  Ih>  n 
pivenmienl  in  whieh  the  iH-opli'  of  nil  lliv  Muir* 
eollfetively  nri'  rc|iri's«iiiti|.  N\  r  nre  om-  |niip|ii 
in  tliei'hoiee  of  the  I'rcKidi'iit  ami  \  ifr-l*ii'«id»'Mt. 
Ill-re  till'  Mali's  hiivc  no  ullirr  agiiu'v  than  to 
ilinet  the  iiii><ti>  in  which  the  votes  *>h:ill  lie 
given,  ('aiiiliilates  hnvini;  the  iiiajority  nf  nil 
the  votes  are  chosi'ii.  The  electors  of  a  iiiainriiy 
of  Slates  nmy  have  given  thiir  voles  fiir  one 
candidate,  and  yet  another  may  U'  chosen.  The 
peoiile,  then,  and  not  the  Slates,  arc  repri'seiited 
in  tlie  executive  branch. 

'•  In  the  House  of  Uepresentafives,  there  in 
this  diffi't'eiici' :  that  the  jn'ople  of  one  State  do 
not,  as  in  the  ea.se  of  I'resiileiit  and  \'ice-l're^i- 
dent,  all  vote  for  the  same  otlieci-s.  Tiic  people 
of  all  the  .States  do  not  vote  for  all  the  meinliers, 
each  .State  electing  only  its  own  i-cpirsentJilives. 
lint  this  creates  m  material  distinclion.  \N  hen 
chosin,  they  are  all  repiesi'ntativi'-<  of  the  United 
Slates,  not  representatives  of  the  |iaiticular 
State  from  which  they  comi'.  They  are  paiil  liy 
the  United  States,  not  by  the  Stat(>,  nor  are  they 
accountable  to  it  for  any  act  done  in  the  per- 
formance of  their  legislative  functions ;  and 
however  they  may  in  practice,  as  it  is  their 
duty  to  do,  consult  and  prefer  the  interests  of 
their  particular  constituents,  when  they  come  in 
conflict  with  any  other  partial  or  local  interest, 
yet  it  is  their  first  and  highest  duty,  as  repre- 
sentatives of  the  United  States,  to  promote  the 
general  good. 

"The  constitution  of  the  United  States,  then, 
forms  u  government,  not  a  league;  and  whether 
it  be  formed  by  compact  between  the  States,  or 
in  any  other  manner,  its  character  is  the  same. 
It  is  a  government  in  which  all  the  peo))le  are 
represented,  which  operates  directly  on  the  \>eo' 
pie  individually,  not  upon  the  States — they  re- 
tained all  the  power  they  did  not  grant.  ISut 
each  State,  having  expressly  parted  with  so 
many  powers  as  to  constitute,  jointly  with  the 
other  States,  a  single  nation,  cannot,  from  that 
period,  possess  any  right  to  secede,  because 
such  secession  does  not  break  a  league,  but  de- 
stroys the  unity  of  a  nation  ;  and  any  injury  to 
that  unity  is  not  only  a  breach  which  would  re- 
sult from  the  contravention  of  a  compact,  but  it 
is  an  ollence  against  the  whole  Union.  To  say 
that  any  State  may  at  pleasure  secede  from  the 
Union,  is  to  say  that  the  United  States  are  not 
a  nation;  because  it  would  be  a  soleci.«m  to  con- 
tend that  any  part  ef  a  nation  might  dissolve  its 
connection  with  the  other  parts,  to  their  injury 
or  ruin,  without  committing  any  offence.  Seces- 
sion, like  any  other  revolutionary  net,  may  bo 
morally  justified  by  the  extremity  of  oppression ; 
but,  to  call  it  a  constitutional  right,  is  confound- 
ing the  meaning  of  terms ;  and  can  only  Ije  done 
throut'i  gross  error,  or  to  deceive  tho.-e  who  arc 
willin','  to  assert  a  right,  but  would  pause  before 
they  made  a  revolution,  or  incur  the  penalties 
consequent  on  a  failure. 


/,. 


1 


■'■^'i 


302 


TIIIR'n'  YEAItS*  VIEW. 


Il  •. 


'•  Fellow-citizens  of  my  native  State,  let  me 
nof  only  admonish  you,  as  the  Kir«t  Magistrate 
of  oiir  common  country,  not  to  incur  the  penalty 
of  its  laws,  hut  use  the  influence  that  a  father 
would  over  his  children  whom  he  saw  rushing 
to  certain  ruin.  In  that  patt^rnal  lanji^iage,  with 
that  paternal  feelinfr,  let  me  tell  you,  my  coun- 
trymen, that  you  are  delude<l  by  men  who  are 
cither  <leceived  themselves,  or  v  ish  to  deceive 
you.  Mark  under  what  pretences  you  have  been 
led  on  to  the  brink  of  insurrection  and  treason, 
on  which  you  stand  I  First,  a  diminution  of  the 
value  of  your  staple  commodity,  lowered  by  over 
production  in  other  quarters,  and  the  consequent 
diminution  in  the  value  of  your  lands,  were  the 
sole  effect  of  the  tariff  laws. 

"  The  effect  of  those  laws  was  confessedly  in- 
jurious, but  the  evil  was  greatly  exaggerated  by 
the  unfounded  theory  you  were  taught  to  believe, 
that  its  burdens  were  in  proportion  to  your  ex- 
ports, not  to  your  consumption  of  imported 
articles.  Your  pride  was  roused  by  the  assertion 
that  a  submission  to  those  laws  was  a  state  of 
vassalage,  and  that  resistance  to  them  was  equal, 
in  patriotic  merit,  to  the  oppositions  our  fathers 
offered  to  the  oppressive  laws  of  Great  Britain. 
You  were  told  this  opposition  might  be  peace- 
ably, might  be  constitutionally  made ;  that  you 
might  enjoy  all  the  advantages  of  the  Union, 
and  bear  none  of  its  burdens.  Eloquent  appeals 
to  your  passions,  to  your  State  pride,  to  your 
native  courage,  to  your  sense  of  real  injury, 
were  used  to  prepare  you  for  tl>3  period  when 
the  mask,  which  concealed  the  hideous  features 
of  disunion,  should  be  taken  off.  It  fell,  and  you 
were  made  to  look  with  complacency  on  objects 
which,  not  long  since,  you  would  have  regarded 
with  horror.  Look  back  to  the  arts  which  have 
brought  you  to  this  state ;  look  forward  to  the 
consequences  to  which  it  must  inevitably  lead ! 
Look  back  to  what  was  first  told  you  as  an  in- 
ducement to  enter  into  this  dangerous  course. 
The  great  political  truth  was  repeated  to  you, 
that  you  had  the  revolutionary  right  of  resisting 
all  laws  that  were  palpably  unconstitutional  and 
intolerably  oppressive  ;  it  was  added  that  the 
fight  to  nullify  a  law  rested  on  the  same  prin- 
ciple, but  that  it  was  a  peaceable  remedy  !  This 
character  w^hich  was  given  to  it,  made  you  re- 
ceive with  too  much  confidence  the  assertions 
that  were  made  of  the  unconstitutionality  of  the 
law,  and  its  oppressive  effects.  Mark,  my  fellow- 
citizens,  that,  by  the  admission  of  your  leaders, 
the  unconstitutionality  must  bo  palpable,  or  it 
will  not  justify  either  resistance  or  nullification ! 
What  is  the  meaning  of  the  word  palpable,  in 
the  sense  in  which  it  is  here  used  1  That  which 
is  apparent  to  every  one ;  that  which  no  man 
of  ordinary  intellect  will  fail  to  perceive.  Is 
the  unconstitutionality  of  these  laws  of  that 
description  ?  Let  those  among  your  leaders 
who  once  approved  and  advocated  the  principle 
of  protective  duties,  answer  the  question ;  and 
let  them  choose  whether  they  will  be  considered 
as  incapable,  then,  of  iierceiving  that  which  must 


have  been  apparent  to  every  man  of  comnif  n 
understanding,  or  as  imposing  upon  your  conii 
dence,  and  endeavoring  to  mislead  you  ti'.ir. 
In  cither  case  they  are  unsafe  guides  in  tl,f 
perilous  path  they  urge  you  to  tread.  Poi.rl,  r 
well  on  this  circumstance,  and  you  will  know 
how  to  appreciate  the  exaggerated  lanjnmp. 
thoy  address  to  you.  They  are  not  chiunpinn^ 
of  liberty  emulating  the  fame  of  our  revolntjcn- 
ary  fathers  ;  nor  are  you  an  oppressed  people. 
contending,  as  they  rejwat  to  you,  against  worsK- 
than  colonial  vassalage. 

"  You  are  free  members  of  a  flourishin?  an-l 
hapi)y  Union.  There  is  no  settled  desijni  to 
oppress  you.  You  have  indeed  felt  the  uneqtml 
operation  of  laws  which  may  have  been  unwisclv, 
not  unconstitutionally  passed ;  but  that  inel 
quality  must  necessarily  be  removed.  At  the 
very  moment  when  you  were  madly  urged  on 
to  the  unfortunate  course  you  have  bogim,  a 
change  in  public  opinion  had  commenced.  The 
nearly  approaching  payment  of  the  public  debt, 
and  the  consequent  necessity  of  a  diminution 
of  duties,  had  already  produced  a  considerable 
reduction,  and  that,  too,  on  some  articles  of 
general  consumption  in  your  State.  The  impor- 
tance of  this  change  was  underrated,  and  you 
were  authoritatively  told  that  no  further  allevi- 
ation of  your  burdens  was  to  be  expected,  at  the 
very  time  when  the  condition  of  the  country 
imperiously  demanded  such  a  modification  of 
the  duties  as  should  reduce  them  to  a  just  ami 
equitable  scale.  But,  as  if  apprehensive  of  the 
effect  of  this  change  in  allaying  your  discontents, 
you  were  precipitated  into  the  fearful  state  in 
which  you  now  find  yourselves. 

"  I  adjure  you,  as  you  honor  their  memory  • 
as  you  love  the  cause  of  freedom,  to  which  th'ev 
dedicated  their  lives ;  as  you  prize  the  peace  of 
your  country,  the  lives  of  its  best  citizens,  and 
your  own  fair  fame,  to  retrace  your  steps. 
Snatch  from  the  archives  of  your  State  the  dis- 
organizing edict  of  its  convention ;  bid  its  mem- 
bers to  reassemble,  and  promulgate  the  decided 
expreasions  of  your  ^ill  to  remain  in  the  path 
which  alone  can  conduct  you  to  safety,  prosperity 
and  honor.  Tell  them  that,  compared  to  dis- 
union, all  other  evils  are  light,  because  that 
brings  with  it  an  accumulation  of  all.  Declare 
that  you  will  never  take  the  field  unless  the 
star-spangled  banner  of  your  country  shall  float 
over  you ;  that  you  will  not  be  stigmatized  when 
dead,  and  dishonored  and  scorned  while  you 
live,  as  the  authors  of  the  first  attack  on  the 
constitution  of  your  country.  Its  destroyers 
you  cannot  be.  i  ou  may  disturb  its  peace,  you 
may  interrupt  the  course  of  its  prosperity,  you 
may  cloud  its  reputation  for  stability,  but  its 
tranquillity  will  be  restored,  its  prosperity  will 
return,  and  the  stain  upon  its  national  character 
will  be  transferred,  and  remain  an  eternal  blot 
on  the  memory  of  those  who  caused  the  disorder. 

"  Fellow-citizens  of  the  United  States,  the 
threat  of  unhallowed  disunion,  the  names  of 
those,  once  respected,  by  whom  it  is  uttered, 


the  army  of  n 
li.o  approach 
jiic  c'intinuant 
,,.ir  poliliciil 
;rii'  irovemnu' 
Hire  ilemaude<l 
fiatiiin,  not  oi 
jirinciples  of 
ivsoried  of  a  ri 
of  tlic  Union, 
liiLasure,  a  fra 
reliition  to  the  < 
jiid  tlic  constr 
bv  which  it  w 
liaving  the  ful 
ihelcfrul  andcc 
which  has   be 
contldence,  on 
lit  termination 
the  Union  by  i 
if  possible,  by  : 
necessity  of  a  i 
will  of  Heaven 
curse  on  man 
olood  should  i 
called  down  bj 
tlie  United  Sta 
•  Fellow-citi 
before  you.    O 
corernment  de 
question  it  invi 
ivill  be  preservl 
us  as  one  peopl 
can  doubt  that 
decision  will  b 
inspire  new  coi 
and  that  the  ] 
.^jurage  which 
transmit  them 
our  children." 


MESSAGE  ON  1 

In  his  annual  i 
ing  of  the  sese 
adverted  to  th 
hinting  at  th( 
Union,  express 
reducing  the  d 
public  debt  w 
put  an  end  tc 
did  not,  and  t 
the  executis-e  | 
powers  than  i( 
promised  to  m 


AXNO  1933.     ANDREW  JACKSON,  TRESIDKNT. 


303 


liic  array  of  military  force  to  support  it,  ilenotc  ! 
[he  n|<[iriiacli  of  a  crisis  in  our  allairH,  on  which 
[he  ciiiitinuancc  of  our  unexaniplod  prosi*rity,  ! 
,  ir  political  existence,  and  iK-rliaps  that  of  all 
i'rti'  (rovcninicnts,  may  <io|H'n(i.  The  conjunc- 
iiire  "IcmantlcHl  a  free,  a  full,  and  explicit  eniin- 
fiatidn,  not  only  of  my  intentions,  but  of  my 
irincipk'S  of  action ;  and,  as  the  claim  was 
i^vsiTieJ  of  a  TipUt  by  a  State  to  annul  the  laws 
of  the  Union,  and  even  to  gecudo  from  it  at 
pleasure,  a  frank  exposition  of  my  opinions  in 
fihition  to  the  oripin  and  form  of  our  government, 
jiid  the  construction  I  pive  to  the  instrument 
l,y  which  it  was  created,  seemed  to  be  proper. 
liavinfr  the  fullest  confidence  in  the  justness  of 
thi'  Icpil  and  constitutional  opinion  of  my  duties, 
which  has  been  expressed,  I  rely,  with  equal 
contklence,  on  j'our  undivided  support  in  my 
di  termination  to  execute  the  laws,  to  preserve 
the  Union  by  all  constitutional  means,  to  arrest, 
if  possible,  by  moderate,  but  firm  measures,  the 
iiiwssity  of  a  recourse  to  force ;  and,  if  it  be  the 
nill  of  Heaven  that  the  recunence  of  its  primeval 
curse  on  man  for  the  shedding  of  a  brother's 
olood  should  fall  upon  our  land,  that  it  be  not 
called  down  by  any  offensive  act  on  the  part  of 
ijie  United  States. 

"  Fellow-citizens :  The  momentous  case  is 
before  you.  On  your  undivided  support  of  your 
i:orcrnment  depends  the  decision  of  the  great 
question  it  involves,  whether  your  sacred  Union 
will  be  preserved,  and  the  blessings  it  secures  to 
us  as  one  people  shall  be  perpetuated.  No  one 
can  doubt  that  the  unanimity  with  which  that 
decision  will  be  expressed,  will  be  such  as  to 
inspire  new  confidence  in  republican  institutions, 
and  that  the  prudence,  the  wisdom,  and  the 
rturage  which  it  will  bring  to  their  defence,  will 
transmit  them  unimpaired  and  invigorated  to 
our  children." 


CHAPTER     LXXX. 

MESSAGE  ON  THE  SOUTH   C.VUOLINA  PEOCEED- 
INOd. 

In  his  annual  message  to  Congress  at  the  open- 
ing of  the  session  1832-'33,  the  President  had 
adverted  to  the  proceedings  in  South  Carolina, 
hinting  at  their  character  as  inimical  to  the 
Union,  expressing  his  belief  that  the  action  in 
rcdncing  the  duties  which  the  extinction  of  the 
public  debt  would  permit  and  require,  would 
put  an  end  to  those  proceedings ;  and  if  they 
did  not,  and  those  proceedings  continued,  and 
the  executive  government  should  need  greater 
powers  than  it  possessed  to  overcome  them,  he 
promised  to  make  a  communication  to  Congress, 


showing  the  state  of  the  question, — what  had 
Itoon  done  to  compose  it, — aiul  n.»kinv'  for  tlm 
powers  which  the  oxijjtnoy  dinianUrd.  Tho 
proceedings  not  ceasing,  and  taking  diiily  a  more 
aggravated  form  in  the  organization  r)f  troops, 
the  collection  of  arms  and  of  mtinitions  of  war. 
and  in  declarations  hostile  to  the  Union,  he  found 
himself  required,  early  in  January,  to  make  the 
promisc<l  communication ;  and  did  so  in  a  mes- 
sage to  both  Houses,  of  which  t!»e  following  are 
the  es.sential  parts  which  In-long  to  history  and 
posterity : 

"  Since  the  date  of  my  last  annual  message.  I 
have  Iiad  oflicially  transmitted  to  me  by  the 
Governor  of  South  Carolina,  which  I  now  com- 
municate to  Congress,  a  copy  of  tho  ordinance 
passed  by  the  convention  which  assembled  at 
Columbia,  in  the  State  of  South  Carolina,  in 
November  last,  declaring  certain  acts  of  Congress 
therein  mentioned,  within  tho  limits  of  that 
State,  to  be  absolutely  null  and  void,  and  mak- 
ing it  the  duty  of  tho  legislature  to  jia.ss  such 
laws  as  would  be  necessary  to  carry  the  same 
into  effect  from  and  after  the  1st  of  February 
next 

"  The  consequences  to  which  this  extraordi- 
nary defiance  of  the  just  authority  of  the  gov- 
ernment might  too  surely  lead,  were  clearly 
foreseen,  -"nd  it  was  impossible  for  me  to  hesi- 
tate as  to  m^'  own  duty  in  such  an  emcrgencj'. 

"The  ordinance  had  been  passed,  however, 
without  any  certain  knowledge  of  the  recom- 
mendation which,  from  a  view  of  the  interests 
of  the  nation  at  large,  the  Executive  had  deter- 
mined to  submit  to  Congress ;  and  a  hope  was 
indulged  that,  by  frankly  explaining  his  senti- 
ments, and  the  nature  of  those  duties  which  the 
crisis  would  devolve  upon  him,  the  authorities 
of  South  Carolina  might  be  induced  to  retrace 
their  steps.  In  this  hope,  I  determined  to  issue 
my  proclamation  of  the  10th  of  December  last, 
a  copy  of  which  I  now  lay  before  Congress. 

"  I  regret  to  inform  you  that  these  reasonable 
expectations  have  not  been  realized,  and  that 
the  several  acts  of  the  legislature  of  South 
Carolina,  which  I  now  lay  before  you,  and  which 
have,  all  and  each  of  them,  finally  passed,  after 
a  knowledge  of  the  desire  of  the  administration 
to  modify  the  laws  complained  of,  are  too  well 
calculated,  both  in  their  positive  enactments, 
and  in  the  spirit  of  opposition  which  they  obvi- 
ously encourage,  wholly  to  obstruct  the  collec- 
tion of  the  revenue  within  the  limits  of  that 
State. 

"  Up  to  this  period,  neither  the  recommenda- 
tion of  the  Executive  in  regard  to  our  financial 
policy  and  impost  system,  nor  the  disposition 
manifested  by  Congress  promptly  to  act  upon 
that  subject,  nor  the  unequivocal  expression  of 
the  public  will,  in  all  parts  of  the  Union,  ap- 
pears to  have  produced  any  relaxation  in  th« 


'..-•t 


■:i  ••■ 


'•.I* 


:l 


304 


TIIIIITV  YEAIIS*  VIEW. 


1  I 


nicasuPL's  of  opposition  nfloptcd  by  the  State  of 
South  (.'iirnliiiu;  nor  is  fhciv  iiny  rcniion  to  ho|K' 
that  the  oriiiniinci!  ami  hnvA  will  In;  abandoned. 

"  I  have  no  knonled):e  that  an  attempt  has 
been  niade,  or  that  it  is  in  contemplation,  to 
ix'assumble  either  tlie  convention  or  the  legls- 
latiiri' ;  and  it  will  bo  perceived  that  the  inter- 
val befoiv  the  Ist  of  February  is  too  short  to 
admit  of  tiie  preliminary  .stejis  necessary  for 
that  purj)ose.  Jt  ajipears,  moreover,  that  the 
State  authorities  are  actively  organizing  their 
military  resources,  and  providing  the  means, 
and  pivinfr  the  most  Kolemn  assurances  of  pro- 
tection and  support  to  all  who  Bhall  enlist  in 
opi»osition  to  the  revenue  laws. 

"A  R'cent  jiroclamation  of  the  present  Gover- 
nor of  South  Carolina  has  ojjcnly  defied  the  au- 
thority of  the  Executive  of  the  Union,  and  gene- 
ral orders  from  tlie  head  quarter:;  of  the  State 
announced  liis  determination  to  accept  the  ser- 
vices of  volunteers,  and  his  belief  that,  should 
their  country  need  their  services,  they  will  be 
found  at  the  post  of  honor  and  duty,  ready  to 
lay  down  their  lives  in  her  defence.  Under 
these  orders,  the  forces  referred  to  are  directed 
to  '  hold  themgclves  in  readiness  to  take  the 
field  at  a  moment's  warning ;'  and  in  the  city  of 
Charleston,  within  a  collection  district  and  a 
lM)rt  of  entry,  a  rendezvous  has  been  opened  for 
the  purpose  of  enlisting  men  for  the  magazine 
and  municipal  guard.  Thus,  South  Carolina 
presents  herself  in  the  attitude  of  hostile  prepa- 
ration, and  ready  even  for  military  violence,  if 
need  be.  to  enforce  her  laws  for  preventing  the 
collection  of  the  duties  within  her  limits. 

"Proceedings  thus  announced  and  matured 
must  be  distinguished  from  menaces  of  unlawful 
resistance  bj-  irregular  bodies  of  people,  who, 
acting  under  temporary  delusion,  may  be  re- 
strained by  reflection,  and  the  influence  of  public 
opinion,  from  the  commission  of  actual  outrage. 
In  tiie  present  instance,  aggression  may  be  re- 
garded as  committed  when  it  is  odicially  au- 
thorized, and  the  means  of  enforcing  it  fully 
provided. 

'■'  Under  these  circumstances,  there  can  be  no 
doubt  that  it  is  the  determination  of  the  autho- 
rities of  South  Carolina  fully  to  carry  into  ellect 
their  ordinance  and  laws  after  the  1st  of  Febru- 
ary. 1 1  therefore  becomes  my  duty  to  bring  the 
subject  to  the  serious  consideration  of  Congress, 
in  order  that  such  measures  as  they,  in  their 
wisdom,  may  deem  fit,  shall  be  seasonably  pro- 
vided ;  and  that  it  may  be  thereby  understood 
that,  while  the  government  is  disposed  to  re- 
move all  just  cause  of  complaint,  as  far  as  may 
be  practicable  consistently  with  a  proper  regaiid 
to  the  interests  of  the  community  at  large,  it  is, 
nevertheless,  determined  that  the  supremacy  of 
the  laws  shall  be  maintained. 

"  In  making  this  communication,  it  appears  to 
me  to  be  proper  not  only  that  I  shouW  lay  be- 
fore you  the  acts  and  proceedings  of  South  Ca- 
rolina, but  that  I  should  also  fully  acquaint  you 
with  those  steps  which  I  have  already  caused  to 


Ix)  taken  for  the  diu'  collection  of  the  rpv^n-if. 
and  with  my  views  of  the  Kubject  j:en<rnllv.  thij 
the  BUgcestions  which  the  constitution  n"|iiirt>^ 
me  to  make,  in  regard  to  your  future  legislmiij; 
may  ho  better  imdcrstood. 

"This  subject,  having  early  attracted  tlicanv- 
ious  attention  of  the  E.xectitivc,  as  .soon  as  it  w-,,.. 
])robable  that  the  authorities  of  South  Caiiiln  .i 
seriously  meditated  resistance  to  the  faithful  tx,.. 
cution  of  the  revenue  laws,  it  was  dceniwl  ai. 
visable  that  the  Secretary  of  the  Treasurj-  shiMiM 
particularly  instruct  the  otticers  of  the  I'niti  1 
States,  in  that  part  of  the  Union,  as  to  the  :n 
ture  of  the  duties  prescribed  by  the  exisijii- 
laws. 

"  Instructions  were  accordingly  issued,  on  the 
sixth  of  November,  to  the  collectors  in  tlmt 
State,  pointing  out  their  respective  duties,  ami 
enjoining  upon  each  a  firm  and  vigilant,  but  dis- 
creet performance  of  them  in  the  emergency  then 
apprehended. 

"  I  herewith  transmit  copies  of  these  instnic- 
tions,  and  of  the  letter  addressed  to  the  district 
attorney,  requesting  his  co-operation.  Tlicsu 
instructions  were  dictated  in  the  hope  tliat,  a< 
the  opposition  to  the  laws,  by  the  anonialoiis 
proceeding  of  nullification,  was  represented  to 
be  of  a  pacific  nature,  to  bo  pursued,  substan- 
tially, according  to  the  forms  of  the  constitution. 
and  without  resorting,  in  any  event,  to  force  <  r 
violence,  the  measures  of  its  advocates  woukl  ]k 
taken  in  conformity  with  that  profession ;  ami. 
on  such  supposition,  the  means  aflbrded  by  tlie 
existing  laws  would  have  been  adequate  to  meit 
any  emergency  likely  to  arise. 

"  It  was,  however,  not  possible  altogether  to 
suppress  apprehension  of  the  excesses  to  which 
the  excitement  prevailing  in  that  quarter  mijriii 
lead  ;  but  it  certainly  was  not  foreseen  that  the 
meditated  obstruction  to  the  laws  would  so  goon 
openly  assume  its  present  character. 

"  Subsequently  to  the  date  of  those  instruc- 
tions, however,  the  ordinance  of  the  convention 
was  passed,  which,  if  complied  with  by  the  jeo- 
ple  of  that  State,  must  eflectually  render  in- 
operative the  present  revenue  laws  within  her 
limits. 

"  This  solemn  denunciation  of  the  laws  and 
authority  of  the  United  States  has  been  follow- 
ed up  by  a  series  of  acts,  on  the  part  of  the 
authorities  of  that  State,  which  manifest  a  de- 
termination to  render  inevitable  a  resort  to  those 
measures  oi  self-defence  which  the  paramount 
duty  of  the  federal  government  requires ;  lut, 
.upon  the  adoption  of  which,  that  State  will 
proceed  to  execute  the  purpose  it  has  avowed  in 
this  ordinance,  of  withdrawing  from  the  Union. 

"On  the  UTth  of  November,  the  legislature 
assembled  at  Columbia ;  and,  on  their  nK'etin>:, 
the  Governor  laid  before  them  the  ordinance  of 
the  convention.  In  his  message,  on  that  occa- 
sion, h"?  acquaints  them  that '  this  ordinance  ha 
thus  be -^ome  a  part  of  the  fundamental  law;  of 
South  Carolina ;'  that '  the  die  has  been  at  la.-t 
cast,  and  South  Carolina  has  at  length  ajipcahd 


ANNO  icr.x     ANDUKW  JACK.sOX,  mi^IDENT. 


305 


;t  reqiiirt'S ;  but, 


lolier  iiltcrior  s(ivor<.'is.'iity  a>;  a  ni-mlH-r  of  tJiis 
cijiit'i'ilenwy,  and  Ims  plaiitnl  licr-»'ll  on  luT  re- 
sonc'l  rifrht.-'.  'Ilie  ii;;liiriil  cxcit'isi'  (if  tlii^ 
|K;wer  irt  not  a  i|iK'Stii)ii  wliicli  we  sliall  siiv  , 
liiiijriT  ar<rn".  It  is  8uflicicnt  that  .'«li'.'  lias  willed  : 
it.  and  tliat  the  act  is  done;  nor  is  its  strict 
ciim|iatibility  witli  our  cniistitutiunal  ohlication 
|i)  ail  laws  passed  hy  the  jreneral  jrovernnient, 
within  tl»e  authnri/.ud  grants  of  jiower,  to  Ik;  i 
(iraivn  in  que>ti"n,  when  this  interftosition  is  I 
exerted  'n  a  case  in  which  the  compact  has  In-'en  i 
[iiiljiably,  delihenitely,  and  daiijrerously  violated,  j 
Tliat  it  brinsis  up  a  conjuncture  of  deep  and  ino- 
mcntons  interest,  is  neither  to  l>e  concealed  nor 
(li'iiicd,  This  crisis  presents  a  chuss  of  duties 
which  is  referable  to  yourselves.  You  have 
ki'n  commanded  by  the  people,  in  their  hi};hest 
sovcreijrnty,  to  take  care  that,  within  the  limits 
of  this  State,  their  will  shall  Ik)  obeyed.'  'The 
measure  of  legis!ati<m,'  he  says, '  which  you  have 
to  employ  at  this  crisis,  is  the  preci.sc  amount  of 
siicii  enactments  as  may  be  necessary  to  reii 'i-r 
it  utterly  impossible  to  collect,  within  our  limits, 
the  duties  imposed  by  the  protective  tarill's  thus 
miUiticd.'  He  proceeds :  '  That  you  should  arm 
every  citizen  with  a  civil  process,  by  which  he 
may  claim,  if  he  pleases,  a  restitution  of  his 
goods,  seized  under  the  existing  imposts,  on  his 
giving:  security  to  abide  the  issue  of  a  suit  at 
law,  and,  at  the  same  time,  define  what  shall 
constitute  treason  a,Q;ains^  the  State,  and,  bj'  a 
bill  of  pains  and  penalties,  compel  obedience, 
and  punish  diaobetlience  to  your  own  laws,  arc 
points  too  obvious  to  require  any  discussion.  In 
one  word,  you  must  survey  the  whole  ground. 
You  must  look  to  and  provide  for  all  possible 
contingencies.  In  your  own  limits,  your  own 
courts  of  judicature  must  not  only  be  supreme, 
but  you  must  look  to  the  ultimate  issue  of  any 
conflict  of  jurisdiction  and  power  between  them 
and  the  courts  of  the  United  States.' 

'■  The  Governor  also  asks  fur  power  to  g»ant 
cl(?arances,  in  violation  of  the  laws  of  the  Union ; 
and,  to  prepare  for  the  alternative  which  must 
happen,  unless  the  United  States  si -^ll  passively 
surrender  their  authority,  and  the  Executive, 
(lisregariling  his  oath,  refrain  from  executing  the 
laws  of  the  Union,  he  recommends  a  thorough 
revision  of  the  militia  system,  and  that  the  Go- 
vernor "  be  authorized  to  accept,  for  the  defence 
of  Charleston  and  its  dependencies,  the  services 
of  two  thou.<and  volunteers,  either  by  companies 
or  files ; '  and  that  they  be  formed  into  a  legion- 
ary brigade,  consisting  of  infantry,  riflemen,  ca- 
valry, field  and  heavy  artillery  ;  and  that  they 
be  '  armed  and  equipped,  from  the  public  arse- 
nals, completely  i'or  the  field ;  and  that  appro- 
priations be  made  for  suppl^'ing  all  deficiencies 
in  our  munitions  of  war.'  In  addition  to  these 
volunteer  draughts,  he  recommends  that  the 
Governor  be  authorized  '  to  accept  the  services 
of  ten  thousand  volunteers  from  the  other  di- 
visions of  the  Stata,  to  bo  organized  and  ar- 
ranged in  regiments  and  brigades;'  the  olfi- 
ws  to  be  selected  by  the  conunauder-iu-chief ; 

Vol.  I.— 20 


and  tliat  tlii-  wln.le  forr"  be  e:illt-d  the  \<*tato 
Guanl.' 

"If  tlie^e  n)(';»>iireH  finiint  tM>  diTf.-i'cd  and 
overcame,  iiy  the  iimver  caufi'rrL'd  by  the  con- 
stitution OH  the  fediTii  ;ji>virnment,  the  ronsti- 
tut!'>'>  I^u^t  be  cupri'it'ri  d  as  inf'>ni|Kteiit  to  its 
own  defei'.cc,  th^'  s  ■.p.ciiiicy  of  the  laws  is  at  an 
end.  and  the  right.?  i::'d  liberties  of  the  citizens 
can  no  long'T  ii.-<>'ive  protection  from  the  p>- 
veniinent  of  the  Union.  They  not  only  abi^)- 
gate  the  acts  of  Congre-s.  commonly  called  tlio 
tariff  acts  of  1^:28  and  [H.V2.  but  they  jirostrate 
and  sweep  away,  at  or.ce.  and  without  e.vception, 
every  act,  and  every  part  of  every  act,  imposing 
any  umoiuit  whatever  of  duty  on  any  foreign 
merchandise  ;  and,  virtually,  every  existing  act 
which  has  cTer  been  pas.sed  authorizing  the  col- 
lection of  the  revenue,  including  the  act  of  IHlti. 
and,  a(.<o.  the  collection  law  of  171)9,  the  consti- 
tutionality of  which  hiis  never  Injen  questioned. 
It  is  not  only  those  duties  which  are  charged  to 
liave  been  imposed  for  the  prot'ction  of  manu- 
facture" that  are  thereby  repealed,  but  all  others, 
th(»ugh  uvid  for  the  purpose  of  revenue  merel}', 
and  upon  articles  in  no  degree  suspected  of  being 
objects  of  pri  tection.  The  whole  revenue  sys- 
tem of  the  United  States,  in  South  Carolina,  is 
obstructed  and  overthrown ;  and  the  govern- 
ment is  absolutely  prohibited  from  collecting 
any  part  of  the  public  revenue  within  the  limiti 
of  that  State.  Henceforth,  not  only  the  citizens 
of  South  Carolina  and  of  the  Unite'"  'States,  but 
the  subjects  of  foreign  states,  may  .^njiort  any 
description  or  quantity  of  n\crchandise  into  the 
l)orts  of  South  Carolina,  without  the  jjuyment 
of  any  duty  whatsoever.  That  State  is  thus  re- 
lieved from  the  payment  of  any  part  of  the  pul> 
lie  burdens,  and  duties  and  imposts  are  not  only 
rendered  not  uniform  throughout  the  United 
States,  but  a  direct  and  ruinous  preference  is 
given  to  the  ports  of  that  State  over  those  of  all 
the  other  States  of  the  Union,  in  miinifest  viola- 
tion of  the  positive  provisions  of  the  constitution. 

"  In  point  of  duration,  also,  thb:?e  aggressions 
upon  tlie  authority  of  Congress,  which,  by  the 
ordinance,  arc  made  part  of  the  fundamental  law 
of  South  Carolina,  are  absolute,  indefinite,  and 
without  limitation.  They  neither  prescribe  the 
period  when  they  shall  cease,  nor  indicate  any 
conditions  ujion  which  those  who  have  thus  un- 
dertaken to  arrest  t!ie  operation  of  the  laws  are 
to  retrace  their  steps,  and  rescind  their  measures. 
They  offer  to  the  United  States  no  alternative 
but  unconditiontil  suljinission.  If  the  scope  of 
the  ordinance  is  to  be  received  as  the  scale  of 
concession,  their  demands  can  be  satisfied  only 
by  a  repeal  of  the  whole  system  of  revenue  laws, 
and  by  abstaining  from  the  collection  of  any 
duties  or  imposts  whatsoever. 

"  By  the.se  various  proceedings,  therefore,  the 
State  of  South  Carolina  has  foiced  the  general 
government,  unavoidably,  to  decide  the  new 
and  dangerous  alternative  of  permitting  a  Stato 
to  obstruct  the  execution  of  the  laws  within  its 
1  limits,  or  .seeing  it  attempt  to  execute  a  threat 


:]..  - 

:■■■ 

!*<;. 

t 

,  \-     "'i 

<;. 

». 

I'    ^ 

1 ;    •'■!■ 

4 


''^--    .' 


<ih 


30(5 


TIIIKIT  YKAH.S-  Vir.W. 


of  witlidrawinj:  from  the  Cnion.  That  portion 
of  the  {icojile  at  prevent  excrd.'-in^'  tlie  authority 
of  the  State,  HoU'tiiiily  afnert  their  ri^^ht  to  (h> 
either,  and  as  solemnly  announi't-  their  detLTUii- 
nation  to  do  one  or  tlie  other. 

'■  In  my  opinion.  1io;h  purjioses  niv  to  he  re- 
(rarded  as  revolutionary  in  their  cliaracter  and 
l.Midency,  mid  Mil.^ers.Ti!  of  the  supremacy  of 
the  hiu's  and  of  the  intejrrity  of  the  Union. 
'I'iie  result  of  each  is  the  same  ;  since  a  State  in 
which,  by  a  usurpation  of  power,  the  constitu- 
tional authority  of  the  federal  government  is 
openly  delied  and  Pet  aside,  wants  only  the 
form  to  bo  indejiendent  of  tlie  Union. 

'•  Tiie  right  of  the  people  of  a  single  State  to 
nbso've  tliemselves  at  will,  and  without  the 
consent  of  the  other  States,  from  their  most 
solemn  obligations,  and  hazard  the  liberties  and 
Imppiness  of  the  millions  composing  this  Union, 
cannot  be  acknowledged.  Such  authority  is 
believed  to  be  utterly  repugnant  both  to  the 
principles  upon  which  the  general  government 
is  constituted,  and  to  the  objects  which  it  is  ex- 
pressly formed  to  attain. 

"Against  all  acts  which  may  be  alleged  to 
transcend  the  constitutional  power  of  the  gov- 
ernment, or  which  may  be  inconvenient  or  op- 
pressive in  their  operation,  the  constitution  it- 
self has  prescribed  the  modes  of  redress.  It  is 
the  acknowledged  attribute  of  free  institutions, 
that,  under  them,  the  empire  of  reason  and  law 
is  substituted  for  the  power  of  the  sword.  To 
no  other  source  can  appeals  for  supposed  wrongs 
be  made,  consistently  with  the  obligations  of 
South  Carolina ;  to  no  other  can  such  appeals 
be  made  with  safety  at  any  time ;  and  to  their 
decisions,  when  constitutionally  pronounced,  it 
becomes  the  duty,  no  less  of  the  public  authori- 
ties than  of  the  people,  in  every  case  to  yield  a 
patriotic  submission, 

"  In  dciilding  upon  the  course  which  a  high 
«ense  of  duty  to  all  the  people  of  the  United 
States  imposes  upon  the  authorities  of  the 
Union,  in  this  •emergency,  it  cannot  be  over- 
looked that  there  is  no  sulMcient  cause  for  the 
acts  of  South  Carolina,  or  for  her  thus  plac;ing 
in  jeopardy  the  happiness  of  so  many  millions  of 
people.  Misrule  and  oppression,  to  warrant 
r.he  disruption  of  the  free  institutions  of  the 
Union  of  these  States,  should  be  great  and  last- 
ing, defying  all  other  remedy.  For  causes  of 
minor  character,  the  government  could  not  sub- 
mit to  such  a  catastrophe  without  a  violation  of 
its  most  sacred  obligations  to  the  other  States 
of  the  Union  who  have  submitted  their  destiny 
to  its  hands. 

"There  is,  in  the  present  instance,  no  such 
cause,  either  m  the  degree  of  misrule  or  oppres- 
sion complained  of,  or  in  the  hopelessness  of  re- 
dress by  constitutional  means.  The  long  sanc- 
tion they  have  received  from  the  proper  author- 
ities, and  from  the  people,  not  less  than  the  un- 
exampled growth  and  increasing  prosperity  of 
so  many  millions  of  freemen,  attest  that  no 
such  oppression  as  would  justify  or  even  palliate 


such  a  resort,  can  be  justly  imputed  cither  to 
the  preseiii  policy  or  past  nieasure.s  of  the  fnie. 
ral  provcmment.  The  same  mode  of  collectinj; 
duties,  and  for  the  same  general  olijerts,  whid, 
began  with  the  foundation  of  tlic  government 
and  which  has  conducted  the  country,  throiifrh 
its  subsequent  steps,  to  its  prcrent  enviable  con 
dition  of  happiness  and  renown,  has  not  Utn 
changed.  Taxation  and  representation,  the 
great  principle  of  the  American  Kevolution.  have 
continually  gone  hand  in  hand ;  and  at  all  tinits 
and  in  every  instance,  no  tax,  of  any  kind,  has 
been  imposed  without  their  participation ;  and 
in  some  instances,  which  liave  been  complained 
of,  with  the  express  assent  of  a  par*  of  tlie  n  jj- 
resentatives  of  South  Carolina  in  the  counciis 
of  the  government.  Up  to  the  present  iHriod, 
no  revenue  has  been  raised  beyond  the  ncccssi- 
ry  wants  of  the  country,  and  the  authorized  ex- 
penditures of  the  government.  And  as  soon  as 
the  burden  of  the  public  debt  is  removed,  those 
charged  with  the  administration  have  promptly 
recommended  a  corresponding  reduction  of  rev- 
enue. 

"  That  this  system,  thus  pursued,  has  resulted 
in  no  such  oppression  upon  South  Carolina, 
needs  no  other  proof  than  the  solemn  and  official 
declaration  of  the  late  Chief  Magistrate  of  that 
State,  in  his  address  to  the  legislature.  In  that 
he  says,  that  '  the  occurrences  of  the  past  year, 
in  connection  with  our  domestic  concerns,  are 
to  be  reviewed  with  a  sentiment  of  fervent  gra- 
titude to  the  Great  Disposer  of  human  events ; 
that  tributes  of  grateful  acknowledgment  are 
due  for  the  various  and  multiplied  blessinas  he 
has  been  pleased  to  bestow  on  our  people  f  that 
abundant  harvests,  in  every  quarter  of  the  State, 
have  crowned  the  exertions  of  agricultural  labor ; 
that  health,  almost  beyond  former  precedent, 
has  blessed  our  homes ;  and  that  there  is  not 
less  reason  for  thankfulness  in  surveying  our 
social  condition.'  It  would,  indeed,  be  difficult 
to  imagine  oppression  where,  in  the  social  con- 
dition of  a  people,  there  was  equal  cause  of 
thaukfulness  as  for  abundant  harvests,  and  varied 
and  multiplied  blessings  with  which  a  kind  Pro- 
vidence had  favored  them. 

"  Independently  of  those  consideration?,  it  will 
not  escape  observation  that.  South  Carolina  still 
claims  to  be  a  component  part  of  the  Union,  to 
participate  in  the  national  councils,  and  to  share 
in  the  public  benefits,  without  contributing  to 
the  public  burdens ;  thus  asserting  the  danger- 
ous anomaly  of  continuing  in  an  association 
without  acknowledging  any  other  obli^-tion  to 
its  laws  than  what  depends  upon  her  own  will, 

"  In  this  posture  of  affairs,  the  duty  of  the 
government  seems  to  be  plain.  It  inculcates  a 
recognition  of  that  State  as  a  member  of  the 
Union,  and  subject  to  its  authority ;  a  vindica- 
tion of  the  just  power  of  the  constitution  ;  the 
preservation  of  the  integrit}'  of  the  Union ;  and 
the  execution  of  the  laws  by  all  constitutional 
means. 

■'The  constitution,  which  hie  oath  of  offic« 


:!k'  state  of  tl 


ANN(t  l^;,8.     ANDREW  JAi'KSON-,  ri:i>ir»F:NT. 


307 


1  oath  of  ofli« 


vljliffcs  him  to  siijipr.rt.  floplnn"*  that  the  Execii- 
■  ve  'shall  take  rare  that  tlie  lawn  Ik-  faithfully 
viciit'-'d; '  and,  in  providin;;  that  la-  shall,  from 
!iiie  to  time,  liivo  to  Coiigresa  infunnation  of 
:!n' state  of  the  rniun.  and  recommend  to  tlieir 
,;.,iiMd'.'ration  such  miasures  as  he  shall  jiuipc 
Mi'tssary  and  exjK'dient,  imposes  the  additional 
..l)li|.'ation  of  recommending  to  Congress  such 
more  elficicnt  pnjvision  for  executing  the  laws 
15  may,  from  tiMie  to  time,  he  found  requisite. 

'■It  heing  thuR  shown  to  ho  the  duty  of  the 
Kxecutive  to  execute  the  laws  by  all  constitu- 
tioniil  means,  i'c  remains  to  consider  the  extent 
nf  those  already  at  his  disjiosal,  and  what  it  may 
Ik)  proper  further  to  provide. 

"  In  tlw  instructions  of  the  Secretary  of  th? 
Tft-asury  to  the  collectors  in  South  Carolina,  the 
irovisions  and  regulations  made  by  the  act  of 
]'')0,  and  also  the  tines,  penalties,  and  forfeitures, 
f.r  their  enforcement,  are  particularly  detailed 
in'l  explained.  It  may  be  well  apprehended, 
i.owever,  that  these  provisions  may  prove  inad- 
iqiiate  to  meet  such  an  open,  powerful,  organized 
opposition  as  is  to  be  commenced  after  the  first 
day  of  February  next. 

'•  Under  these  circumstances,  and  the  provi- 
>ions  of  the  acts  of  South  Carolina,  the  execution 
of  the  laws  is  rendered  impracticable  even 
through  the  ordinary  judicial  tribunals  of  the 
Inited  States.  There  would  certainly  be  fewer 
difficulties,  and  less  opportunity  of  actual  colli- 
sion between  the  officers  of  the  United  States 
mJ  of  the  State,  and  the  collection  of  the  revenue 
would  be  more  eflectually  secured — if  indeed  it 
can  be  done  in  any  other  way — by  placing  the 
oistoin-houso  beyond  the  immediate  power  of 
the  county. 

"  For  this  purpose,  it  might  be  proper  to  pro- 
vide that  whenever,  by  any  unlawful  combination 
or  obstruction  in  any  State,  or  in  any  port,  it 
should  become  impracticable  faithfully  to  collect 
tiie  duties,  the  President  of  the  United  States 
•hould  be  authorized  to  alter  and  abolish  sucli 
(if  the  districts  and  ports  of  entry  as  should  be 
necessary,  and  to  establish  the  custom-house  at 
fome  secure  place  within  some  port  or  harbor 
of  such  State ;  and,  in  such  cases,  it  should  be 
the  duty  of  the  collector  to  reside  at  such  place, 
and  to  detain  all  vessels  and  cargoes  until  the 
duties  imposed  by  law  should  be  properly  sc- 
oured or  paid  i;i  cash,  deducting  interest ;  that, 
in  such  cases  it  should  be  unlawful  to  take  the 
vessel  and  cargo  from  the  custody  of  the  proper 
otliccr  of  the  customs,  unless  by  process  from 
the  ordinary  judicial  tribunals  of  the  United 
States ;  and  that,  in  case  of  an  attempt  otherwise 
to  take  the  property  by  a  force  too  great  to  be 
overcome  by  the  ofKcers  of  the  customs,  it  should 
he  lawful  to  protect  the  possession  of  the  officers 
by  the  employment  of  the  land  and  naval  forces, 
and  militia,  under  provisions  similar  to  those 
authorized  by  the  11th  section  of  the  act  of  the 
ninth  of  January,  1809. 

■'It  may,  therefore,  be  desirable  to  revive, 
with  some  modifications  better  adapted  to  tlie 


occasion,  tlie  Cith  section  of  the  net  of  the  M  of 
March.  IHIT).  wliich  expired  on  the  4th  of  .Mnivh, 
ls|7,  by  the  limitation  ol"  that  of  the  "JTlh  it 
Ajiril,  ISlii;  ami  to  proviilo  tiint,  in  niiy  cit»o 
where  suit  shall  lie  brought  against  any  imlivi- 
du.ll  in  the  courts  of  the  State,  for  any  act  (lone 
imder  the  lavs  of  the  I  iiited  State.x,  he  shoull 
be  authorized  to  lemove  the  said  cause,  by  \)vU 
tion,  into  the  Circuit  Coiu-t  of  tlie  I'nitiMl  Statis. 
without  any  copy  of  the  record,  and  that  (ho 
courts  should  proceed  to  hearard  determine  the 
same  as  if  it  had  lacn  originally  in.stitutid 
therein.  And  that  in  all  ca.'ies  of  injuries  to  (lie 
persons  or  property  of  ir.ilividuals  for  disobedi- 
ence to  the  ordinance,  and  laws  of  South  Carolina 
in  pursuance  thereof,  rc<lress  may  be  sought  in 
the  courts  of  the  United  States.  It  may  be 
expedient,  also,  b}'  modifying  the  resolution  of 
the  3d  of  March,  1791,  to  authori7,c  the  marshals 
to  make  the  necessary  provision  for  the  sali; 
keeping  of  pri.'ioners  committed  under  the  au 
thority  of  the  United  States. 

"  Provisions  less  than  these,  consisting,  as  tin  y 
do,  for  the  most  part,  rather  of  a  revival  of 
the  policy  of  former  acts  called  for  by  the  exist- 
ing emergency,  than  of  the  introduction  of  any 
unusual  or  rigorous  enactments,  would  not  cause 
the  laws  of  the  Union  to  be  properly  respect  d 
or  enforced.  It  is  believed  these  would  prove 
adequate,  unless  the  military  forces  of  the  Sttito 
of  South  Carolina,  authorized  by  the  late  act  of 
the  legislature,  should  be  actually  embodied  and 
called  out  in  aid  of  their  proceedings,  and  of  the 
provisions  of  the  ordinance  generally.  Even  in 
that  case,  however,  it  is  believed  that  no  more 
will  be  necessary  than  a  few  modifications  of 
its  terms,  to  adapt  the  act  of  1795  to  the  present 
emergency,  as,  by  the  act,  the  provisions  of  the 
law  of  1792  were  accommodated  to  the  crisi.s 
tlien  existing ;  and  by  conferring  authority  upon 
the  President  to  give  it  operation  during  the  ses- 
sion of  Coi  ress,  and  without  the  ceremony  of 
a  proclama  .on,  whenever  it  shall  be  officially 
made  known  to  him  by  the  authority  of  any- 
State,  or  by  the  courts  of  the  United  States. 
that,  within  the  limits  of  such  State,  the  laws 
of  the  United  States  will  Ije  openly  opposed,  and 
their  execution  obstructe<l,  by  the  actual  em- 
ployment of  military  force,  or  by  any  unlawful 
means  wliatsoever,  too  grcat  to  be  otherwise 
overcome. 

"  In  closing  this  communication,  I  should  do 
injustice  to  my  own  feelings  not  to  express  my 
confident  reliance  upon  the  disposition  of  each 
department  of  the  government  to  perform  its 
duty,  and  to  co-operate  in  all  measures  necessary 
in  the  present  emergency. 

"  The  crisis  undoubtedly  invokes  the  fidelity 
of  the  patriot  and  the  sagacity  of  the  statesman, 
not  more  in  removing  such  portion  of  the  public 
burden  as  may  be  necessary,  than  in  preserving 
the  good  Older  of  society,  and  in  the  mainte- 
nance of  well-regulated  liberty. 

"While  a  forbearing  spirit  ma}',  and  [  trust 
will  be  exercised  towards  the  errors  of  oui 


ti 


',_  ^^ 


'M.^ 


¥| 


308 


THIRTY  YFARS'  VIKW. 


J>rethreii  in  ft  |iiirticiilarf|iinrtcr.  duty  to  tliiTOst 
of  tilt"  rniiiM  (ioiuaiKl'i  tliiit  i>|icii  and  orirmiizcd 
ri'ci.stimci' ti)  till-  luw*  ^liould  nut  Lc  txccutud 
with  iiiipiinity.' 

iSuch  vras  the  ini'SSiif.x'  which  I'ri'sideiit  Jack- 
f">n  sent  to  the  two  IIoukcs,  in  relation  to  the 
f'outh  (.'arolina  iirocccdinjts,  and  his  own  to 
counteract  tlicni ;  and  it  was  worthy  to  follow 
the  proflaniation,  and  conccivetl  in  the  spme 
f^nirit  of  jni^tice  and  [)atrioti3m,  and.  therefore, 
wise  and  moderate.  He  knew  that  there  was  a 
deep  feulinfj  of  discontent  in  the  South,  founded 
in  a  conviction  tliat  the  federal  government  was 
working  disadvantajreously  to  that  part  of  the 
Union  in  the  vital  points  of  the  levy,  and  the 
expenditure  of  the  federal  revenue ;  and  that  it 
was  upon  this  feeling;  that  politicians  operated 
to  produce  disaffection  to  the  Union.  That 
feeling  of  the  masses  he  knew  to  be  just  and 
reasonable,  and  removable  by  the  action  of 
Congress  in  removing  its  cause  ;  and  when  re- 
moved the  politicians  who  stirred  up  discontent 
for  '■'^ personal  and  amlitious  objects"  would 
bL'Come  harmless  for  want  of  followers,  or  man- 
ageable by  the  ordinary  process  of  law.  His 
proclamation,  his  message,  and  all  his  proceedings 
therefore  bore  a  two-fold  aspect — one  of  relief 
and  justice  in  reducing  the  revenue  to  the  wants 
of  till  government  in  the  economical  adminis- 
tration of  its  affairs ;  the  other  of  firm  and  mild 
authority  in  enforcing  the  laws  against  ofl'cnders. 
lie  drew  no  line  between  the  honest  discontented 
masses,  wanting  only  relief  and  justice,  and  the 
ambitious  politicians  inflaming  this  discontent 
for  ulterior  and  personal  objects.  He  merely 
afiirnied  the  existence  of  these  two  classes  of 
discontent,  leaving  to  every  one  to  classify  him- 
self by  his  conduct ;  and,  certain  that  the  honest 
discontents  were  the  mass,  and  only  wanted 
relief  from  a  real  grievance,  he  therefore  pursued 
tlie  measures  necessary  to  extend  that  relief  while 
preparing  to  execute  the  laws  upon  those  who 
should  violate  them.  Bills  for  the  reduction  of 
the  tarifl' — one  commenced  in  the  Finance  Com- 
mittee of  the  Senate,  and  one  reported  from  the 
Committee  of  Ways  and  Means  of  the  House  of 
Representatives — and  both  move  a  in  the  first 
days  of  the  session,  and  by  committees  politic  uUy 
and  personally  favorable  to  the  President,  went 
hand  in  hand  with  the  exhortations  in  the  pro- 
clamation and  the  steady  preparations  for  enforc- 
ing the  laws,  if  the  extension  of  justice  and  the 


appeals  of  reason  and  patriotit-in  i<hoidd  pruti 
insufficient.  Many  thought  that  he  oupht  u 
relax  in  his  civil  measures  forallajing  di.<cont(ii| 
while  f-outh  Carolina  held  the  military  attitui!,: 
of  arme<l  defiance  to  the  United  States— an.) 
among  them  Mr.  Quincy  Adams.  But  ho  ni! 
hcred  steadily  to  his  purpose  of  going  on  witli 
what  justice  required  for  the  relief  of  the  Soutii 
antl  promoted,  by  all  the  means  in  his  pow(  i 
the  success  of  the  bills  to  reduce  the  revcnne, 
especially  the  bill  ir.  the  House ;  and  whicli. 
Ix-ing  framed  upon  that  of  1810  (which  h[,\ 
the  support  of  ^Ir.  Calhoun),  and  which  wa, 
(now  that  the  public  debt  was  paid),  sufficient 
both  for  revenue  and  the  incidental  protct-tiori 
which  manufactures  required,  and  for  the  rtliii' 
of  the  Scuth,  must  have  the  effect  of  satisfyin,' 
every  honest  discontent,  and  of  exposing  and 
estopping  that  which  was  not. 


CHAPTER    LXXXI. 

REDUCTIOX  OF  DUTIES.-ME.  VEKPLANK'S  BILL 

Reduction  of  duties  to  the  estimated  amount 
of  thpee  or  four  millions  of  dollars,  had  been 
provided  for  in  the  bill  of  the  preceding  session, 
passed  in  July,  1832,  to  take  effect  on  the  4tb 
of  March,  ensuing.  The  amount  of  reduction 
was  not  such  as  the  stale  of  the  finances  ad- 
mitted, or  the  voice  of  the  country  demanded, 
but  was  a  step  in  the  right  direction,  and  a  good 
one,  considering  that  the  protective  policy  was 
still  dominant  in  Congress,  and  on  trial,  as  it 
were,  for  its  life,  before  the  people,  as  one  of  th( 
issues  of  the  presidential  election.  That  elcc 
tion  was  over ;  the  issue  had  been  tried ;  had 
been  found  against  the  "  American  system,"  and 
with  this  finding,  a  further  and  larger  reduction 
of  duties  was  exi)ected.  The  President  had  re- 
commended it,  in  his  annual  message  j  and  the 
recommendation,  being  referred  to  the  Commit- 
tee of  Ways  and  Means,  quickly  produced  a  bill 
known  as  Jlr.  Verplank's,  because  reported  bv 
the  member  of  that  name.  It  was  taken  up 
promptly  by  the  House,  and  received  a  very  per- 
spicuous explanation  from  the  reporter,  who 
gave  a  brief  view  of  the  financial  history  of  the 
country,  since  the  late  war    and  stated  that— 


ANNO  1S33.     ANDREW  JArKSON,  I'RK-iinKNT 


309 


:RrLANK'8  BILL 


1  on  trial,  as  it 


••  Durinj;  the  lii'^t  six  years,  nil  nnniial  avprnpc 
income  of  27,(JiK).(iOO  of  duliarx  lia<i  Imk'ii  n- 
rt'ivcd  ;  the  far  piv.iter  part  from  llii'  ciistcniis. 
That  this  hiim  Umi  hwi  s5iprr)i)iiiit«Ml,  thi'  oiii- 
half  towards  the  necessary  cxik'Ucc'S  of  the  pi- 
fornment,  nnd  the  othf  iialf  in  tiie  |rr»yinent  of 
the  public  debt.  In  revicwin;:  tlio  regular  calls 
iiI)on  the  treasury,  durinp  tli-^  lii-^t  seven  years, 
fur  the  civil,  navul,  and  military  dejmrtments  of 
the  povernment,  in.-ludinK  all  ordinary  coiitin- 
rencies,  about  13,tt(Hi,U()()  of  .loliars  a  year  had 
bt-en  expended.  The  amount  of  13,tl6(),0l)()  of 
dollars  would  seem,  even  now,  sufiicient  to  cover 
liie  Ptandinfj  necea<ary  expenses  of  povernment. 
A  long;  delayed  debt  of  public  justice,  for  he 
v.-ould  not  call  it  bounty,  to  tiie  soldiers  of  the 
I'tvchition,  had  added,  for  the  present,  since  it 
could  be  but  for  a  lew  years  only,  an  additional 
annual  million.  Fourteen  millions  of  dollars 
then  covered  the  necessary  expenditures  of  our 
government.  But,  however  ripid  nnd  economi- 
ral  we  oupht  to  be  in  actual  expenditures,  in 
[irovidinp  the  sources  of  the  revenue,  which 
might  be  called  upon  for  unibreseen  continpen- 
cic'S,  it  was  wise  to  arrange  it  on  a  liberal  scale. 
Tills  would  be  done  by  allowinp  an  additional 
million,  which  would  cover,  not  only  extra  ex- 
]ii;nscs  in  time  of  peace,  but  meet  those  of 
Inilian  warfare,  if  such  should  arise,  as  well  as 
tliose  of  increased  naval  expenditure,  from  tcm- 
]iorary  collisions  with  foreign  powers,  short  of 
permanent  warfare.  We  are  not,  therefore,  jus- 
tifiable in  raising  more  than  15,000,000  dollars 
as  a  permanent  revenue.  In  other  words,  at 
least  13,000,000  dollars  of  the  revenue  that 
nrould  have  been  collected,  under  the  tariff  sys- 
tem of  1828,  may  now  be  dispensed  with ;  and, 
ill  years  of  great  importation,  a  much  larger 
sum.  The  act  of  last  summer  removed  a  large 
portion  of  this  excess ;  yet,  taking  the  importa- 
tion of  the  last  year  as  a  standarci,  the  revenues 
derived  from  that  source,  if  calculated  according 
to  the  act  of  1832,  would  produce  19,500,000, 
and,  with  the  other  sources  of  revenue,  an  in- 
come of  22,000,000  dollars.  This  is,  at  least. 
seven  millions  above  the  wants  of  the  treasury." 

This  was  a  very  satisfactory  statement.  The 
public  debt  paid  off;  thirteen  millions  (the  one 
half)  of  our  revenue  rendered  unnecessary  ;  its 
reduction  provided  for  in  the  bill ;  and  the  tariff 
of  duties  by  that  reduction  brought  down  to  the 
standard  subtantially  of  1810.  It  was  carrying 
back  the  protective  system  to  the  year  of  its 
commencement,  a  little  increased  in  some  parti- 
culars, as  in  the  article  of  iron,  but  more  than 
compensated  for,  in  this  increase,  in  the  total 
abolition  of  the  minimums,  or  abritrary  valua- 
tions—first introduced  into  that  act,  and  after- 
wards greatly  extended — by  which  goods  costing 
below  a  certain  sum  were  to  be  assumed  to  have 


cost  that  sum.  and  rated  f-T  duly  ari^onlitiirly. 
."~!i',ch  a  bill,  in  tlie  jiid'.'nient  of  tlie  prariic.jl  nnd 
ex|  crit  iici'd  lc>:i-l;itor  (fJintral  ."^tnitii,  of  .^F,■lr^ - 
land,  himself  a  friiiul  to  the  inannnittiiiin^'  in- 
terest), was  entirely  sntliciiiit  for  the  ninnula<'- 
turcr — the  man  eii;'np<'<l  in  the  business,  nnd  un- 
derstnndinp  it — thouph   not  sutUcien*    for  the 
capitalists  who  tnrne<l  their  money  into  (li;it 
channel,  utnler  the  stimulus  of  lepislativo  j.ro- 
tection,  and  lucked  skill  and  eare  to  coniluct  tlieir 
entcrjtrise  with  the  econoni}-  which  gives  liirit^ 
mate  profit,  nnd  to  such  realinanufactuivis.it 
was  bound  to  Ix;  satisfactory.     To  tlie  great  o]- 
ponents  of  the  tariff  (the  South  Carolina  sehmil ), 
it  was  nl.«o  bound  to  be  satisfactoiy,  as  it  ciirrii'i 
back  the  whole  system  of  duties  to  the  standard 
at  which  that  school  had  fixed  them,  with  tho 
great  amelioration  of  the  total  abolition  of  the 
arbritrary  and  injurious  minimums.     'J'hu  bili, 
then,  seemed  bound  to  conciliate  every  fair  inte- 
rest:  the  government,  becau.-;e  it  gave  all  the 
revenue  it  needed ;  the  real  manufacturers,  be- 
cause it  gave  them  an  adequate  incidi'iital  pro 
tcction ;  the  Soutli,  because  it  gave  them  their 
own  bill,  and  that  ameliorated.    A  prompt  pas- 
sage of  the  bill  might  have  been  expected ;  on 
the  contrary,  it  lingered  in  the  House,  under  in- 
terminable debates  on  systems  and  theories,  in 
which  ominous  signs  of  conjunction  were  seen 
between  the  two  extremes  whieli  had  been  lately 
pitted  against  each  other,  for  nnd  aptiiist  tlio 
protective  system.    The  immediate  friends  of 
the  administration  seemed  to  be  the  only  ones 
hearty  in  the  support  of  the  bill ;  but  they  were 
no  match,  in  numbers,  for  those  who  acted  in 
concert  against  it — spinning  out  the  time  in  ste- 
rile and  vagrant  debate.    The  25th  of  February 
Had  arrived,  and  found  ihe  bill  still  afloat  upon 
the  wordy  sea  of  stormy  debate,  when,  all  of  a 
sudden,  it  was  arrested,  knocked  over,  run  un- 
der, and  merged  and  lost  in  a  new  one  which 
expunged  the  old  one  and  took  its  place.   It  was 
late  in  the  afternoon  of  that  day  (Monday,  the 
25th  of  February),  and  within  a  week  of  the 
end  of  the  Congress,  when  Jlr.  Letcher,  of  Ken- 
tucky, the  fast  friend  of  Mr.  Clay,  rose  in.  his 
place,  and  moved  to  strike  out  the  whole  Yer- 
plank  bill — every  word,   except  the   enactin^; 
clause — and  insert,  in  lieu  of  it,  a  bill  offered  in 
the  Senate  by  Mr.  (   ay,  since  called  the  '■com- 
promise," and  which  lingered  ut  the  door  of  tho 
Senate,  up«in  a  question  of  leave  for  its  admit- 


.1      t 


'.7" 


%i:      ^ 


f?! 


.t|       c(.' . 


310 


nilllTi*  YKAIIV  VIKW. 


I 


taiicc,  and  opixwition  to  its  intrance  there,  on 
JuTount  of  its  n-vi-nnc  clinrnctiT.  'I'liis  was  of- 
ft-rt'd  ill  tiio  House,  xvitlioiit  notici',  willioiit  ci;?- 
niil,  without  premonitory  syin|«toiii,  and  just  a^ 
tlie  nH'ni?H.Ts  were  prt'iiarin;;  tuadjoin'ii.  Some 
Wire  tjil<en  hy  niirj)rirte,  and  h)ol<ed  aliout  in 
ama/ement ;  hut  tlie  majority  sliowed  coiiscious- 
nesH,  and,  wliat  was  more,  readiness  for  action. 
'J'lic  Northern  nieinhers,  fi-om  the  jiKut  manu- 
fiicturinj?  States,  were  astounded,  and  asked  for 
dehiy,  which,  not  heinj;  pranted,  Mr.  John  Davis, 
of  Massacliu.settH,  one  <if  tlieir  nuniher,  tlui.s 
gave  vent  to  his  amazed  feelinj;s  : 

"  lie  was  preatly  surprised  at  tlio  sudden 
movement  made  in  tliis  House.  One  short  hour 
tkjiO,  said  lie,  we  were  collectiii(!;  our  pajMirs,  and 
]iuttin,t;  on  our  outside  pirments  to  go  home, 
when  the  gentleman  from  Kentucky  rose,  and 
proposed  to  send  tiiis  bill  to  a  Committee  of  the 
\\'hole  on  the  state  of  the  Union,  with  instruc- 
tions to  strike  it  all  out,  and  insert,  by  way  of 
nmondment,  an  entire  new  bill,  formed  upon 
entirely  dillerent  principles;  yes,  to  insert,  I 
believe,  the  bill  which  the  Senate  now  have  un- 
der consideration.  'J'his  motion  was  carried ; 
the  business  has  passed  through  the  hands  of  the 
committee,  is  now  in  the  House,  and  there  is  a 
cry  of  question,  question,  around  me,  upon  the 
engrossment  of  the  bill.     "Who  that  was  not  a 

t tarty  to  this  arrangement,  could  one  hour  ago 
lave  credited  this  ?  Wc  have,  I  believe,  been 
laboriously  engaged  for  eight  weeks  upon  this 
topic,  discussing  and  amending  the  bill  which 
hiis  been  before  the  House.  Such  obstacles  and 
difliculties  have  been  met  at  every  move,  that, 
1  believe,  very  little  hope  has  of  late  been  enter- 
tained of  the  passage  of  any  bill.  But  a  gleam 
of  light  has  suddenly  burst  upon  us ;  those  that 
groped  in  the  dark  seemed  suddenly  to  see  their 
course;  those  that  halted,  doubted,  hesitated, 
are  in  a  moment  made  firm ;  and  even  some  of 
tliose  that  have  made  an  immediate  abandonment 
of  the  protective  system  a  sine  qua  non  of  their 
approbation  of  any  legislation,  seem  almost  to 
favor  this  measure.  I  am  obliged  to  acknowl- 
edge that  gcnticman  have  sprung  the  proposition 
upon  us  at  a  moment  when  1  did  not  expect 
it.  And  as  the  measure  is  one  of  greiit  interest 
to  tho  people  of  the  United  States,  I  must,  even 
at  this  late  hour,  when  I  know  the  House  is 
both  hungry  and  impatient,,  and  when  I  per- 
ceive distinctly  it  is  th' ir  pleasure  to  vote 
nvther  than  debate,  beg  their  indulgence  for  a 
few  minutes  while  I  state  some  of  the  reasons 
which  impose  on  me  the  duty  of  opposing  the 
passage  of  this  act.  [Cries  from  different 
parts  of  the  House,  'go  on,  go  on,  we  will 
hear.'] 

"Mr.  Speaker,  I  do  not  approve  of  hasty 
legislation  under  any  circumstances,  but  it  is 
ispecially  to  be  deprecated  in  matters  of  great  im- 


portance. That  this  is  n  measure  of  great  iiii|M.rt 
ance,  aU'ecting.  more  or  less,  the  enlin^  jxiimjIi. 
tion  of  file  United  States,  will  not  be  deiiicl 
and  ought,  therefore,  to  be  matured  with  cari' 
and  well  understood  Uy  every  gentleman  wl„i 
votes  upon  it.  And  yet.  sir,  a  copy  has,  fur  tlm 
first  time,  been  laid  upon  our  tables,  eiiioi'  I 
rose  to  adflivwH  you  ;  and  this  is  the  first  o|i|Hir- 
tunity  we  have  had  even  to  read  it.  1  hoi,* 
others  feel  well  prepared  to  act  in  this  pncipj. 
tate  matter;  but  1  am  obliged  to  ocknowleiliru 
1  do  not ;  for  I  hold  even  the  Itest  of  intentium 
will  not,  in  legislation,  excuse  the  errors  ut 
haste. 

"  1  nm  awnro  that  this  measure  assumes  an 
imposing  attitude.  It  is  called  a  bill  of  com- 
promise ;  a  measure  of  harmony,  of  conciliation ; 
a  measure  to  heul  disailection,  and  to  tsnve 
the  Union.  Sir,  I  am  aware  of  the  imposin.; 
etlect  of  these  bland  titles;  men  love  to  U' 
thought  generous,  noble,  magnanimous;  but 
they  ougiit  to  be  equally  anxious  to  acquire  tlic 
rc^putation  of  being  just.  AVhilo  rhey  are 
anxious  to  compose  difliculties  in  one  direction. 
I  entreat  them  not  to  oppress  and  wrong  the 
people  in  another.  In  their  efforts  to  save  tlie 
Union,  I  hojie  their  zeal  will  not  go  so  far  as  h\ 
create  stronger  and  better-founded  discontents 
than  those  they  compose.  Peacemakers,  media 
tors,  men  who  allay  excitements,  and  tran- 
quillize public  feeling,  should,  obove  all  con.side- 
rations,  study  to  do  it  by  means  not  oflensiv« 
to  the  contending  parties,  by  means  which  will 
not  inflict  a  deeper  wound  than  the  one  wliick 
is  healed.  Sir,  w  hat  is  demanded  by  tho,se  thai 
threaien  the  integrity  of  the  Union  f  An  aban- 
donment of  the  American  system;  a  formal 
lenunciation  of  the  right  to  protect  American 
industry.  This  is  the  language  of  the  nullifica- 
tion convention ;  tliey  declare  they  regard  tho 
abandonment  of  the  principle  as  vastly  more 
important  than  any  other  matter ;  they  look  tc 
that,  and  not  to  an  abatement  of  duties  without 
it;  and  the  gentleman  from  South  Carolina 
[Mr.  Davis],  with  his  usual  frankness,  told  u* 
this  morning  it  was  not  a  question  of  dollars 
and  cents ;  tho  money  they  regai-ded  not,  but 
they  required  a  change  of  policy. 

"  This  is  a  bill  to  tranquillize  feeling,  to  har- 
monize jarring  opinions ;  it  is  oil  poured  into 
inflamed  wounds ;  it  is  to  definitively  settle  the 
matters  of  complaint.  What  assurance  liave  wo 
of  that  ?  Have  those  who  threatened  the  Union 
accepted  it  ?  Has  any  one  here  risen  in  his 
place,  and  announced  his  satisfaction  and  his  de- 
termination to  abide  by  it  1  Not  a  word  has 
been  uttered,  nor  any  sign  or  assurance  of  satis- 
faction given.  Suppose  they  should  vote  for  the 
bill,  what  then  ?  They  voted  for  the  bill  of  July 
last,  and  that  was  a  bill  passed  expressly  to  save 
the  Union ;  but  did  they  not  flout  at  it?  Did 
they  not  spurn  it  with  contempt  ?  And  did  not 
South  Carolina,  in  derision  of  that  compi-omisc. 
nullify  the  law  ?  This  is  a  practical  illustration 
of  the  exercise  of  a  philanthropic  spirit  of  cou 


ANXO  1833.     ANDKKW  JACKSON.  rUr.slDKNT. 


nil 


ilo-cinsion  to  Kavo  the  Union.  Your  follv  nnil 
•  diir  iiiiU^cility  wiiH  tn-ntftl  an  a  jest,  h  lian 
iilriwly  biiii  said  tliat  lliin  law  will  Ik-  no  umri' 
liitifliiiK  tliiin  any  other,  ati<l  may  V-  altiTol  and 
iiiiHiiliod  at  itlcasuro  by  any  8nl>iie(|m-nt  U'(.'i(*l«- 
lun'.  In  what  sense  tl<:.'n  is  it  a  comproniice  ? 
poi'S  not  a  coniproni'  ■•'•ply  »n  adjiiMtnieiit  <in 
urins  of  agreement?  Snpposc,  then,  that  South 
Cnrulina  should  abide  by  the  comproniico  while 
^)lc•  suppoyes  it  buncticial  to  the  turiti'tStates,  and 
injurious  to  her;  and  when  that  {)eriod  shall 
close,  the  friends  of  protection  shall  then  i)ro- 
]wse  to  ro-eHtablish  the  syatcm.  AVhat  honor- 
ulile  man,  who  votes  for  this  bill,  cotdd  sustain 
such  a  measure  ?  Would  not  South  Carolina 
^;ly,  you  have  no  rlRht  to  change  this  law,  it  was 
founded  on  compromise ;  you  have  luul  thf^  bene- 
lit  of  your  side  of  the  bargains,  and  now  I  de- 
mand mine  1  Who  could  answer  such  a  declara- 
tion ?  If,  under  such  circumstances,  you  were 
to  proceed  to  abolish  the  law,  would  not  South 
Carolina  have  much  more  just  cause  of  complaint 
and  disaffection  than  she  now  has? 

'•  It  has  been  said,  wo  ought  to  legislate  now, 
kcause  the  next  Congress  will  be  hostile  to  the 
tariff.  I  am  aware  that  such  a  sentiment  has 
been  industriously  circulated,  and  we  have  been 
exhorted  to  escape  from  the  hands  of  that  body 
as  from  a  lion.  But,  sir,  who  knows  the  senti- 
ments of  that  body  on  this  question  ?  Do  you, 
nr  does  any  one,  possess  any  information  Wnich 
justifies  him  in  asserting  that  it  is  more  unfriend- 
ly than  this  House  ?  There  is,  in  my  opinion, 
little  known  about  this  matter.  But  suppose 
the  members  shall  prove  as  ferocious  towards 
the  tiiriff  as  those  who  profess  to  know  their 
,)pinions  represent,  will  the  passage  of  this  bill 
Mop  their  action  ?  Can  you  tie  their  hands  ? 
(jive  what  pledges  you  please,  make  what  bar- 
gains you  may,  and  that  body  will  act  its  plea- 
sure 'vithout  respecting  them.  If  you  fall  short 
of  their  wishes  in  warring  upon  the  tariff,  they 
will  not  stay  their  hand ;  but  all  attempts  to 
limit  their  power  by  abiding  compromises,  will 
Ije  considered  by  them  as  a  stimulus  to  act  up- 
on the  subject,  that  they  may  manifest  their  dis- 
approbation. It  seems  to  me,  therefore,  that  if 
the  next  Congress  is  to  be  feared,  wo  are  pur- 
suing the  right  course  to  rouse  tneir  jealousy, 
and  excite  them  to  action. 

"  Mr.  Speaker,  I  rose  to  express  my  views  on 
this  very  important  question,  I  regret  to  say, 
without  the  slightest  preparation,  as  it  is  drawn 
before  us  at  a  very  unexpected  moment.  But, 
as  some  things  in  this  bill  arc  at  variance  with 
the  principles  of  public  policy  which  I  have  uni- 
formly maintained,  I  could  not  suffer  it  to  pass 
into  a  law  without  stating  such  objections  as 
have  hastily  occurred  to  me. 

"Let  me,  however,  before  sitting  down,  bo  un- 
derstood on  one  point.  I  do  not  object  to  a  rea- 
eona'ile  adjustment  of  the  controversies  which 
exist,  I  have  said  repeatedly  on  this  floor,  that 
I  would  go  for  a  gradual  reduction  on  protected 
vticlcs ;  but  it  must  be  very  gradual,  so  that  no 


violence  shall  1k>  done  to  bnsinesx;  for  nil  re 
diietion  is  ntcesKarily  full  of  Im/nrd.  .Nly  olijrc 
tioiis  to  this  bill  are  n<it  .-<>  niuch  n^'vinct  tli^ 
first  .''(•veil  \eiirs,  for  I  would  take  the  consi- 
(|iien('('S  of  tlmt  exixTiiiient.  if  tlio  pmvisions  In'- 
yond  that  were  n<it  of  that  fatal  clianictrr  which 
will  at  once  stop  all  eiiterjirise.  Hut  I  do  olc 
ject  to  a  compronn.se  which  destines  the  Ka-t 
for  the  altar.  No  victim,  in  my  judgement,  iii 
required,  none  is  necessary  ;  and  jet  you  pm- 
{H>se  to  bind  us,  hand  and  foot,  to  pour  out  our 
blood  upon  the  altar,  ami  .smTitice  us  as  a  burnt 
otfering,  to  npfieiuse  the  uiuiutundand  unfounded 
disconcent  of  the  South;  a  discaiitr)il,  I  Jutr. 
having  dirpir  ront  than  the  tariff,  and wili 
continue  when  that  isjhrt^otteit,  I  am  far  fron\ 
meaning  to  use  the  language  of  menace,  when  I 
say  such  a  compromise  cannot  endure,  nor  can 
any  adjustment  endure,  which  disregards  the  in- 
terests, and  sports  with  the  rights  of  a  larjio 
portion  of  the  people  of  the  United  States.  It 
has  been  said  that  we  shall  never  reach  the  low- 
est point  of  reduction,  before  the  country  wiL 
become  satisfied  of  the  folly  of  the  expcrimen:. 
and  will  restore  the  protective  jwlicy ;  and  :t 
seems  to  me  a  large  number  in  this  bodj  act 
under  the  influence  of  that  opinion.  But  I  cannot 
vote  down  my  princi]iles,  on  the  ground  that 
some  one  may  come  after  me  who  will  vote  them 
up." 

This  is  one  of  the  most  sensible  speeches  ever 
delivered  in  Congress ;  and,  for  the  side  on  which 
it  was  delivered,  perfect ;  containing  also  much 
that  was  valuable  to  the  other  side.  The  dan- 
gers of  hasty  legislation  arc  well  adverted  to 
The  seductive  and  treacherous  nature  of  compro 
mise  legislation,  and  the  probable  fate  of  the  act 
of  legislation  then  so  called,  so  pointedly  foretold, 
wa.s  only  writing  history  a  few  years  in  advance. 
The  folly  of  attempting  to  bind  future  Congresses 
by  e.xtending  ordinary  laws  jears  ahead,  with  a 
prohibition  to  touch  them,  was  also  a  judicious 
reflection,  soon  to  become  history ;  while  the 
fear  expressed  that  South  Carolina  would  not  be 
satisfied  with  the  overthrow  of  the  protective 
policy — "  that  the  root  of  her  discontent  lay 
deeper  than  the  tariff,  and  would  continue 
when  that  was  forgotten  " — was  an  apprehen- 
sion felt  in  common  with  many  others,  and  to 
which  subsequent  events  gave  a  sad  rcalizjitioii. 
But  all  in  vain.  The  bill  which  made  its  first 
appearance  in  the  House  late  in  the  evening, 
when  members  were  gathering  up  their  over- 
coats for  a  walk  home  to  their  dinners,  was  pass- 
ed before  those  coats  had  got  on  th  nk ;  and 
the  dinner  which  was  waiting  hod  b'  ittle  time 
to  cool  before  the  astonished  members,  their 
work  done,  were  at  the  table  to  eat  it.    A  bill 


!•=;■  Ct 


Mi  ,  ■ 


31 J 


THIRTV  YKARS"  VIKW. 


witliiiiil  |>n-('(.'i|fiit  ill  tlio  iiiin:ilt4  df  our  Ic^.M.'^ln- 
tiuiiainl  iiri'toMilin^  to  flio  iiiiiH'tity  of  »  rtim- 1 
jii'oiiii-c,  aiiil  III  hrUU'  prciit  iiii("-tiiiiiM  firi'Vir, 
went  llirini;:h  to  its  coiisuiimiiitii))i  in  tlii;  I'rai:- 
iiicnt  of  nil  I'Vi'iiiri);  Hossion,  wiliioiit  tlio  ('iiinpli-  ' 
ftiici;  Willi  niiy  form  wliii  ii  «'.\|i<Ti('iirc  ami  par-  ' 
liatiiciilary   linv   liave  ili'vi>i'<l   fur  ihi-  wifi'ly  of 
h'tjislalioii.     'I'liis  cviiKion  of  ull  wiliitary  funns  , 
wuH  tll'icti'd  iimlir  the  iiliii  <if  an  aiiiiiHlnic'iit  to 
a  bill,  th()Uf:li  tin-  niib^tiliitf  iiilniiitia'd  wnc  nii  ' 
entire  bill  in  Itself,  no  way  nnicmlini;  the  other,  | 
or  even  coiimctiii;^  with  it,  but  rubliin;^  it  ull  | 
out  from  the  eiiaclin;;  clause,  and  substitutinj;  a 
new  bill  entirely  foreiftn,  inconsistent,  and  in- 
confrruoits  to  it.     The  pi-octediiifj  was  a  pross  ' 
perversion  of  the  idea  of  nn  anionlnicnt,  which  | 
nlways  implies  an  improvement  and  not  a  de-  | 
struction  of  the  bill  to  be  aniemled.     I5ut  tliere  | 
was  a  majority  in  waitinp:,  ready  to  consummate 
what  had  been  agreed  upon,  and  the  vote  was 
immediately  taken,  and  the  substitute  iiasf^ed — 
105  to  71 : — tlic  mass  cf  the  manufacturinj;;  in- 
terest voting  apainBt  it.    And  this  was  called  a 
'•  compromise,"  a  species  of  arrangement  hereto- 
fore always  considered  ns  Ibunded  in  tlu  mutual 
conicnt  of  adversaries — an  agreement  by  which 
contending  part'es  voluntarily  settle  di.'jputcs  or 
questions.     Hut  hero  one  of  the  parties  dissent- 
ed, or  rather  was  never  asked  for  assent,  nor 
had  any  knowledge  of  the  compromise  by  which 
they  were  to  be  bound,  until  it  was  revealed  to 
their  vision,  and  executed  upon  their  consciences, 
in  the  style  of  a  surprise  from  a  vigilant  foe  up- 
on a  sleeping  adversary.     To  call  this  a  ''  com- 
promise" was  to  make  sjiort  of  language — to 
burlesque  misfortune — to  turn  force  inti  stip- 
ulation —  and  to  confound  fraud  atid  violence 
w'th  concession  and  contract.     It  wa.s  like  call- 
ing the  rape  of  the  Komans  upon  the  Sabine 
women,  a  marriage.    The   enddenness  of  the 
movement,  and  the  want  of  all  time  for  reflection 
or  concert — even  one  night  for  private  commu- 
nion— led  to  the  most  incongruous  association 
of  voters — to  such  a  mixture  of  persons  and  par- 
ties as  had  never  been  seen  confounded  together 
before,  or  since :  and  the  reading  of  which  must 
be  a  puzzle  to  any  man  acquainted  with  the  po- 
litical  actors  of  that  day,  the  unravelling  of 
which  would  set  at  defiance  both  his  knowledge 
and  his  ingenuity.     The  following  is  the  list — 
the  voters  with  Mr.  Clay,  headed  by  Mr.  Mark 
Alexander  of  Virginia,  one  of  hir,  stiSbst  oppon- 


entH :  the  votern  against  hini.  headed  by  Mr.  .f ».' , 
Qiiinry  AdaniH,  for  eight  yenm  pa»t  his  indi^ 
sciluble  nilleap^ie  in  every  system  cf  jmlicv  i;, 
every  measure  of  piiblie  eonwrii  ninl  in  cvcrv 
enterprise  of  political  victory  or  de(i  ut.  II.  n. ;, 
the  list ! 

YiAs. — Mcfi-rF.  .Mark  .Mexander,  riiiltf.n  y. 
Inn,  KoU'it  Allen,  .lolin  Anderson,  AVilliiun  t. 
Angel,  Willinm  S.  ArchiT,  Jiilin  S.  liarlionr 
Haniel  I-.  liairiiiger,  ilames  IJateo,  .Fohri  l!(.|| 
.lolin  T.  Hergen,  1-auplilin  llethune,  .Faims  ]J]:i ,[ 
.lolin  IMair,  Kallitl'ltoon,  .losejih  IJoiiek,  TIimh,,,, 
T.  Hoiililin,  John  Hnmch,  Henry  A.  llnllui.!. 
Cliuiehill  C.  Cainbreleng,  John  Carr,  Joh|!i 
W.  Chinn,  Xnthnniel  II.  Claiborne,  Clcnicnt  ('. 
Clay,  Augustin  S.  Clayton,  liichaiil  Cuke,  j:„ 
Henry  W.  Connor,  Thomas  Corwin,  liiclnrl 
Coiillir.  Robert  Craig,  AVilliam  Creighton,  jr., 
Henry  Daniel,  Thomas  Davenport,  AVaiiin'i;] 
D.ivis,  LMysses  F.  Doubleday,  Joseph  Dnipii 
John  M.  Kelder.  James  Findlay,  Willinm  ]'i\j,. 
gernld,  Nathan  (Inither,  John  (Jilmore,  Williai;, 
F.  (Jordon.  Thomas  H.  Hall,  William  Hall.  J„. 
seph  M.  Itnrpcr,  Albert  G.  Hawes,  Mic.ijuli  T. 
Hawkins,  Michael  HolTnmn.  Cornelius  Hiillai.,1, 
Henry  Horn.  Henjaniin  C.  Howard,  IKnrv 
Hubbard,  William  W.  Irvin,  Jacob  C.  Isanc', 
Leonard  Janis,  Daniel  Jenifer,  Richard  M. 
Johnson,  Cave  Johnson,  Josei)h  Johnson,  Kil- 
ward  Kavanngh,  John  Leeds  Kerr,  Henry  (i, 
Lamar,  flarrct  Y.  Lansing,  Joseph  Lecoiii|iti., 
Robert  P.  Letcher,  Dixon  11.  Lewis,  Cliittcn- 
den  Lyon,  Samuel  W.  Mardis,  John  Y.  Mason, 
Thomas  A.  Marshall,  Lewis  Maxwell,  Rufu; 
Mclntire,  James  McKay,  Thomas  Newton.  AVil- 
liam T.  Nuckolls,  John  JL  Patton,  Franklin  E, 
Plummer,  James  K.  Polk,  Abraham  Renchii, 
John  J.  Roane,  Erastus  Root,  Charles  S.  Sewuil, 
AATilliam  JJ.  Shepard,  Augustine  H.  Shepjiei-c!, 
Samuel  A.  Smith,  Isaac  Southard,  Jesse  Sjjeight, 
John  S,  Spence,  AA'illiam  Stanbcrry,  Jaiuts 
Standefer,  Francis  Thomas,  AViley  Thompson, 
John  Thomson,  Christopher  Tompkins,  Pliinciis 
L.  Tracy,  Joseph  Vance,  Gulian  C.  Verplanck, 
Aaron  Ward,  George  C.  AA'^ashington,  James  JI. 
AYayne,  John  AV.  AVeeks,  Elisha  AYhittlesev, 
Campbt>ll  P.  AVhite,  Charles  A.  Wickliffo,  Jolin 
T.  11.  AYorthington. 

Nays. — Messrs.  John  Q.  Adams,  Honian  Al- 
len, Robert  Allison,  Nathan  Appleton,  Thomas 
D.  Arnold,  AVilliam  Babcock,  John  Banks, 
Noyes  Barber,  Gamaliel  H.  Barstow,  Thomas 
Chandler,  Bates  Cooke,  ilichard  M.  Coopoi 
Joseph  n.  Crane,  Thomas  II.  Crawford,  John 
Davis,  Charles  Dayan,  Henry  A.  S.  Dearborn, 
Harmar  Denny,  Lewis  Dcwart,  John  Dickson, 
AA'illiam  AV.  Ellsworth,  George  Evans,  Josluia 
Evans,  Edward  Everett,  Horace  Everett,  Georjji' 
Grennell,  jr.,  Hiland  Hall,  William  Heistcr,  Mi 
chael  Ilotl'man,  Thomas  IL  Hughes,  Jabez  AV 
Huntington,  Peter  Ihrie,  jr.,  Kalph  T.  IngersoU 
Joseph  G.  Kendall,  Henry  King,  Uumphrey  II 


ANNO  lf<:;s.     ANIiKKW  JArk'SON.  I'IU>II)KNr. 


:\  1  ^ 


tT,   Richard  M. 


[xivitt.  HoJx-rt  MrCoy,  Tliimmo  >f.  T.  McKcn- 
riii.  .IkIiii  .(.  MiHi.;nii.  Ill  nry  A.  .MiililnilKrv, 
,l.u;iiiiili  Nil""!!.  I>iitoc  •].  I'(  riicr,  K'lmunil  II. 
[Miilli'lnn,  .loll  I'icrHon,  Dnvid  Puff-', Jr..  .Iiiiii<'< 
1.  l{iiiiili>l|ih.  .lohii  K<(<l.  Kilwanl  ('.  Hivtl.  Wil- 
.iiii  Slnih'.  Nfttliiin  Smile,  Williiiiii  L.  StotrH, 
]k1  H.  Sutlwrliinil,  .loliii  W.  Tiiylur,  Simiml 
f.  Viiitdii,  I)iiiii*l  \V II, dwell,  .lojiii  (i.  Wat- 
:inm:li,  «!rattun  II.  WliiTler,  Frfierick  Whit- 
u.M'y,  Ebfiitzir  Younj;. 


C  II  APT  Ell    LXXXII. 

KKDUCTION  OF  nVTIKS.— MK.  CLAYS  KIM* 

IIS  the  IJth  of  February  Mr.  Clay  asked  Wave 
1 1  introduce  a  bill  for  the  reduction  of  duties, 


i.|v!cd  by  him  a  "compnimisc" 


measure ;  and 


pafuced  the  question  with  a  ppccch,  of  which 
till"  following  are  parts  : 


'In  presentinj?  the  modification  of  the  tariflf 
liws  which  I  am  now  about  to  submit,  I  have 
two  preat  objects  in  view.      My  first  object 
1  luks  to  the  taiilf.     I  am  compelled  to  express 
the  opinion,  formed  after  the  most  deliberate 
ntlcction,  and  on  a  full  sur^-ey  of  the  whole 
cniiitry.  that,  whether  rightfully  or  wrongfully, 
(he  fcuid'  stands  in  imminent  danger.      If  it 
slioiild  even  be  preserved  during  this  scfcsion, 
it  must  fall  at  the  next  session.    By  what  cir- 
cumstances, and  through  what  causes,  has  arisen 
the  necessity  for  this  change  in  the  policy  of  our 
country,  I  will  not  pretend  now  to  elucidate. 
Otliers  there  are  who  may  differ  from  the  im- 
jirossions  which  my  mind  has  received  upon  this 
)ioint.    Owing,  however,  to  a  variety  of  concur- 
rent causes,  the  tariffj  as  it  now  exists,  is  in  im- 
minent danger ;  and  if  the  system  can  be  pre- 
served beyond  the  next  session,  it  must  be  by 
some  means  not  now  within  the  reach  of  human 
sa<mcity.    The  fall  of  that  policy,  sir,  would  be 
productive  of  consequences  calamitous  indeed. 
When  I  look  to  the  variety  of  interests  which 
,ue  involved,  to  the  number  of  individuals  in- 
te^•sted,  the  amount  of  capital  invested,  the 
value  of  the  buildings  erected,  and  the  whole 
iirangemcnt  of  the  business  for  the  prosecution 
of  the  various  branches  of  the  manufacturing 
iirt  which  have  sprung  up  under  the  fostering 
:are  of  this  government,  I  cannot  contemplate 
any  evil  equal  to  the  sudden  overthrow  of  all 
those  interests.    History  can  produce  no  paral- 
lel to  the  extent  of  the  mischief  which  would 
be  produced  by  such  a  disaster.    The  repeal  of 
th3  Edict  of  Nantes  itself  was  nothing  in  com- 
parison with  it.    That  condemned  to  exile  and 
brought  to  ruin  a  great  number  of  persons. 

Fho  iuoEt  respectable  portion  of  the  populatiou 


of  Fmnoe  were  ronilemnrd  to  r^ile  nnd  ruin  b» 
tliut  iiieiisure.  Hut  in  my  I'liiiiinn.  "ir.  the  oud- 
ileii  reiK'ill  iif  the  tinlf  policy  wmilcl  liriiitr  niiii 
and  dei'lnirtiiiu  nu  the  wlio'e  jKHjile  n|'  tln'i 
I  country.  'I'here  '\*  no  evil,  in  my  o|iiiiiciii,  ci|ti:il 
to  the  ron«e<iui'Hce.s  which  would  ii-iilt  fii.iu 
such  a  cnijistroplie. 

"I  iKJieve  the  American  sytcm  lobe  in  the 
griate-'t  diiii;.'er;  niid   I    U'lieve  it  cnii  he  |ilni'e,i 
on  a  U'tter  and  sul'er  foinidalion  iit  this  yesMon 
than  at  the  next.     I  heard,  with  Miipri-e.  my 
friend  from  Mas,>iachu.-etts  say  that  iiotiiing  had 
occiirn-d  within  the  last  six  moiitlix  to  iiicrea-o 
its  hazard.    I  entreat  him  to  review  lliat  oiiiiiiuii. 
Is  it  correct  ?     Is  the  issue  of  iMinieroiis  elec- 
tion.s,  induiling  that  of  the  hi^'he<t  otlicer  of  the 
government,  nothing 7     !.><  the  e.Nplcit  lecoiii- 
mendation  of  that  olllccr,  in  his  n>es>^^age  at  the 
ojK'ning  of  the  session  sustiiined,  us  he  is,  by  a 
recent  trium]ihant  elei^tion,  nothiiitr  1     Is  his  de- 
claration in  his  jiroclnmation.  that  the  burdens 
of  the  South  ought  to  be  relieved,  nothing  ?     Is 
the  introduction  of  the  bill  in  the  lloiii-eof  Koji. 
resentativcs  during  this  session,  siiiictioiied  by 
the  head  of  the  treasury  and  the  ndiiiinisfratiou, 
prostrating  the  greater  part  of  tlie  imuiiifiictuix's 
of  the  country,  nothing?     Are  the  increasing 
discontents,  nothing  ?    Is  tiie  tendency  of  re- 
cent events  to  unite  the  whole  South,  nothing? 
What  have  we  not  witnessed  in  this  chamber  ? 
Friends  of  the  administration  bursting  all  the 
ties  which  seemed  indissolubly  to  unite  them 
to  its  chief,  and,  with  few  exceptions  south  of 
the  Potomac,  oppo.sing,  and  vehemently  oppos- 
ing, a  favorite  measure  of  that  administration, 
wiiich  three  short  mtmths  ago  they  eontril)Ute(l 
to  establish  ?     Let  us  not   deceive   ourselves. 
Now  is  the  time  to  adjust  the  question  in  a 
manner  satisfactory  to  both  parties.     J'nt  it  off 
until  the  next  session,  and  the  alternative  may, 
and  probably  then  would  be,  a  s])cedy  and  ruin- 
ous reduction  of  the  tariff,  or  a  civil  war  with 
the  entire  South. 

"It  is  well  known  that  the  majority  of  the 
dominant  party  is  adverse  to  the  tariiK  There 
are  many  honorable  exceptions,  the  senator  from 
New  Jersey  [Mr.  Dickcrson].  among  them.  Hut 
for  the  exertions  of  the  other  party,  the  tnrilf 
would  have  been  long  since  sacriliced.  Now 
let  US  look  at  the  composition  of  the  two 
branches  of  Congress  at  the  next  session.  In 
this  body  we  lose  three  friends  of  the  protective 
policy,  without  being  sure  of  gaining  one.  Here, 
judging  from  the  present  appearances,  we  shall, 
at  the  next  session,  be  in  the  minority.  In  the 
House  it  is  notorious  that  there  is  a  considera- 
ble accession  to  the  number  of  the  dominant 
party.  IIow,  then,  I  ask,  is  the  system  to  bo 
sustained  against  numbers,  against  the  whole 
weight  of  the  administration,  against  the  united 
South,  and  against  the  increased  impendmg  dan- 
ger of  civil  war  ? 

"  I  have  been  represented  as  the  father  of  tin 


i 


f     ■: 


1 


system,  and  I  am  charged  with  an  unnatural 
abandonment  of  my  own  offspring.     I  hav« 


314 


TimiTY  YKAIIV  VII.W. 


ncvir  nrr< 'untfl  ♦"  niy«lf  nnv  niich  inlininto 
icliitioii  In  It.  I  h;iv*>.  imliiMl.  i'lu'riwhi-il  it  witli 
iiiiri'iiial  r<>iiiliii'>H,  mid  my  ntri-olinii  in  niiiliinin- 
'flii'il.  JSiit  ill  wliitt  ciiiiilitinii  (III  I  lliiil  thix 
i-liilil  7  1 1  i^  ill  till!  Iiuii'ls  of  the  I'liiliMtiiK'N, 
wlio  wiiiilil  htraii(.'li'  it.  I  lly  to  iln  rcwiif,  to 
Hiiiilcli  it  f'liiiii  tlii'ir  riiHtoijy,  niiil  to  ]ilair  it  on 
II  Itcd  rif  MTurity  nii<l  ^^'Ilo^^•  for  iiiiin  yoiirM, 
wlii'ir  it  limy  (rrow  niid  stiviijitlii'ii,  ninl  la'coiiif 

IU'('l'|llll)llc    (O    tllC    \vlloli>     |)fO|llc.         1     Ik'IioI'I    It 

torch  ulioiit  liciii;;  n|i|ilifil  to  n  fiivoritu  ciliticc, 
mill  I  would  Mivt!  it.  if  |i()Hsil)li>,  UToru  it  wiih 
wrapt  ill  tliiiMcs.  or  at  Icitst  iuvhitvo  llio  invtioua 
fiiniitiiri'  wliicli  it  contuiii.s." 

Mr.  C'liiy  fill  tlicr  udviiiici-'d  aiiotlitr  rca.'^on  for 
hi.M  liill,  and  wliii.h  was  a  wish  to  Bcpaiafc  the 
taiiif  from  iiolilics  and  tkction.s — a  wish  whicli 
mhiiiltc'd  tiieir  coiiiicctioii — and  whiuli,  Ixiiip 
aftcrward.s  iiiteriireti'd  by  fvciil.'<,  was  siippf)sed 
to  be  tlie  ba.si.s  of  tlio  coalition  witli  Mr.  Cal- 
iiouii ;  b<Ali  of  thcni  bavinj;  tried  the  virtue  of 
tlie  taritr  qiiistion  in  eleetiuns,  and  found  it 
uimvailiMtr  either  to  friends  or  foe.'^.  Mr.  Clay, 
its  ehamiiion,  could  not  become  President  upon 
\U  Hujiport.  Mr.  Culhuun,  it.s  antagoni.st,  could 
not  become  President  ujwn  its  opposition.  To 
botli  it  was  equally  desirable,  as  an  unavailable 
ekimnt  in  elections,  and  as  a  stumblinp-blcxik 
to  botli  in  future,  that  it  should  be  withdrawn 
for  some  years  from  the  political  arena;  and 
Mr.  Clay  thus  expressed  himself  in  relation  to 
that  withdrawal : 

•'I  icin/i  to  see  the  tariff  separated  from  the 
polilics  (if  the  couutri/,  that  buainesa  men  may 
{,'«  /()  work  in  secnrili/,  with  some  prospect  of 
ftabililij  in  our  lairs,  and  without  ererij  thing 
being  staked  on  the  issue  of  elections,  as  it 
were  on  the  hazards  of  the  die." 

Mr.  Clay  then  explained  the  principle  of  his 
bill,  which  was  a  sei  ies  of  annual  reductions  of 
one  tenth  jier  cent,  on  the  value  of  all  idutics  above 
twenty  per  cent,  for  eifrht  successivvr  years ;  and 
after  that,  the  reduction  of  all  the  remainder 
above  twenty  per  centum  to  that  rate  by  two 
aimual  reductions  of  the  excess :  so  as  to  com- 
plete the  reduction  to  twenty  per  centum  on 
the  value  of  all  imported  goods  on  the  30th  day 
of  September,  1S42;  with  a  total  abolition  of 
duties  on  about  one  hundred  articles  after  that 
time  5  and  with  a  proviso  in  favor  of  the  right 
of  Congress,  in  tlic  event  of  war  with  any  foreign 
power  to  impose  such  duties  as  might  be  neces- 
sary to  prosecute  the  war.  And  this  was  called 
a  ^^ccmprumise"  although  there  was  no  stipu- 


lation for  the  [unnnneiu-y  of  the  rediinHJ.  n,,^ 
of  the  alioIiKhcd  diiti<'»  ;  and  no  (nicli  KlipiilntiMri 
could  Im' made  to  bind  future  ('oii(;n'H«ts ;  ),„,{ 
the  only  ei|uivalint  wliirh  the  South  fdciwl 
from  the  parly  of  protection,  wan  the  stipulnt..] 
surn-nder  of  tluir  principle  in  the  clause  win,  1, 
provided  that  aftrr  the  said  illllh  of  SepftnilHt  I 
1H12,  -duties  shotdil  only  be  laid  for  rainino 
such  revenue  as  might  be  ucnstary  /nr  an 
economical     administration    if  the    I'linrit- 1 
ment ;'*  an  attempt  to  bind  future  ConnnsHw, 
the  value  of  which  was   seen   before  the  tiii,(. 
was  out.    Mr.  Clay  pHxeeded  to  touch  the  tin- 
der  parts  of  his  jilan — tlic  number  of  yvnu  t!.«  I 
protective  policy  hod  to  rnn,  ond  the  gnorantin  | 
for  its  abandonment  at  the  end  of  the  Htipulatoii 
protection.    On  these  pointc  ho  said : 

"Viewing  it  in  this  light,  it  appeared  tlmt 
there  were  eight  year?  and  a  half,  and  nine 
years  and  a  half,  taking  the   ultimate  tinu' 
which  would  be  an  elllcient  protection ;  tlie  iv- 
maining  duties  would  bo  withdrawn  by  a  bien- 
nial redi.  tion.     The  protective  princijile  iniL-i 
be  said  to  bo,  in  some  measure,  rernu|uislii'd  at  I 
the  end  of  eight  years  and  a  half.    This  piriiK 
could  not  appear  uiueasonable,  and  he  th(iii|;iit  I 
that  no  member  of  the  Senate,  or  any  jKirtion 
of  the  country,  ought  to  make  the  slightest  ob- 
jection.   It  now  remained  for  him  to  consider  I 
the  other  objection — the  want  of  a  guaranty  to  I 
there  being    an    ulterior  continuance  of  the  I 
duties  imposed  by  the  bill,  on  the  expiration  of 
the  term  which  it  prescribes.      The  best  jciii- 
ranties  would   be  found  in  the  circumstancisl 
under  which  the  measure  would  be  passed.    If  [ 
it  were  passed  by  common  consent ;  if  it  wero  I 
passed  with  the  assent  of  a  piption.  a  congide- 
rable  portion,  of  those  who  had  hitherto  di  | 
rectly  supported  this  system,  and  by  a  consi- 
derable portion  of  those  who  opposed  it;  if] 
they  declared  their  satisfaction  with  the  mea- 
sure, he  had  no  doubt  the  rate  of  duties  guaran- 
tied would  be  continued  after  the  expiration  of  ] 
the  term,  if  the  country  continued  at  peace." 

Here  was  a  stipulation  to  continue  the  pro- 
tective principle  for  nine  years  and  a  half,  and  I 
the  bill  contained  no  stipulation  to  abandon  it  I 
at  that  time,  and  consequently  no  guaranty  that  | 
it  would  be  abandoned ;  and  certainly  the  gua- 
ranty would  have  been  void  if  stipulated,  as  it  I 
is  not  in  the  power  of  one  Congress  to  abridge 
by  law  the  constitutional  power  of  its  sua'cs- 
sors.    Mr.  Clay,  therefore,  had  recourse  to  nio-j 
ral  guaranties ;  and  found  them  good,  and  best.  [ 
in  the  circumstances  in  which  the  bill  would  bit  I 
passed,  and  the  common  consent  with  which  il 


ANNO  Ur.\.     ANIHIKW  JACKSON,  I'lU^lhKNT. 


.113 


ftn  c\|K'<'t«'il  to  In'  iliitu- — n  raliMilnti"!!  whirh 
fiuml  it))  vuliic.  a*  t<>  tliu  "ruiiitniiii  ctiiiM-tit," 
laforo  till!  Iiill  wii.4  iMv^iH-tl ,  »it  to  iu  liiniliD^ 
fiw  IhTdiu  tiK)  time  llxea  f<.r  itn  flllnu'y  to 
lov'in. 

Mr,  K«rM,vlli,  of  (Ji'or.rio,  n'|iiii'il  to  .Mr.  C'lny, 
i;iil  suit] : 

•  Tin-  nvowcil  olijcrt  of  tho  l>ill  woiiM  iiuct 

iviih  uiiivtTxal  n|i|irol)!ition.     It  wdm  n  |ir<>JiTt  to 

l.:inii<>ni/.t'  llio  iH-ojilo,  niul  it  coiilil  Imvo  coiiu' 

fr .m  no  iK'ttiT  Hoiircf  timn  from  tlio  jri'iitliiiiuii 

f'oiii  Kentucky :  for  to  no  ono  wiri-  \\v  moro 

iniit  littKl  than  to  liim  for  tlic  dinponl  and  ilis- 

I  rmti'iit  which  n^itatc  us.     J<iit  a  fciv  niontim 

}:ii  it  waH  in  the  powir  uf  the  ^■ntlcmnn,  anil 

iliose  with  whom  he  ncteil,  to  8ettlo  this  ([iieHtion 

St  imcc  and  for  over.     Tiie  opiMjrtiinity  wan  not 

I  ^i/.iil,  hut  he  liojH'd  it  was  not  passid.     In  the 

miy'cl  now  oU'ereil,  ho  could  not  hoc  the  olomentrt 

,f  success.    Tho  time  was  not  auspicious.     IJut 

f Jiirteen  days  remained  to  tho  session  j  and  wo 

I  ].v\  in'ttor  wait  tiie  action  of  tho  House  on  the 

liill  before  them,  than  by  takinp  np  this  new 

I  niiasure  here,  produce  a  cessatiim  of  their  action. 

W'aa  there  not  danj^r  that  tho  fomteon  days 

iriHiid  be  exhausted  in  useless  debate  ?    Why, 

uri'iity  men,  with  a  sufllciency  of  bnath  (for 

minis  they  would  not  want),  could  annihimte 

the  bill,  though  a  majority  in  both  lloiiseswere 

111  favor  of  it.  ^Ho  objected,  too,  that  the  bill 

m  a  vii^tion  of  the  constitution,  hecauselTie 

jinate  Imd  noj[)ower  toTliise  revenue.  -^  Two 

vBTB  ago,  tho  same  senator  made  a  proposition, 

iiliich  was^  rejected  on  thi8.jery  pround.    Tho 

oifcr,  however,  woidd  not  bo  uselessTit  wouhl 

I '  attended  with  all  tho  iwlvantaftes  which  could 

fillow  its  disci  t -si.  .11  hero.    AVe  slmll  seo  it,  and 

take  it  Into    vmsideration  as  the  offer  of  the 

marinfactucer?.      ".ho  other  party,  as  wo  arc 

oiled,  will  vi*"'  it  as  a  schemo  of  diplomacy; 

Jilt  aa  their  itidimatutn,  but  aa  their  lirst  offer. 

lint  tlK'  barjwiin  was  all  on  ono  side.    After  they 

):\'  dvfeatevt,  and  can  no  longer  sustain  a  conflict, 

ik'    civile  to  make  the  best  bargain  they  can. 

Tin'  wnator  from  Kentucky  says,  the  tariff  is 

n  danger ;  aye,  sir,  it  is  at  its  lost  gasp.     It  has 

xctived  the  iniraedicablo  wound  ;  no  hellebore 

call  cure  it.    He  considered  the  confession  of  the 

antleman  to  be  of  immense  iraportaiici-.     Ves. 

^lr,  the  whole  feeling  of  tho  country  is  opposed 

tj  the  high  protective  system.    Tho  wily  serpent 

that  crept  into  our  Eden  has  been  touched  by 

the  spear  of  Ithuriel.    Tho  senator  is  an.\ious 

1)  prevent  tho  ruin  which  a  sudden  abolition  of 

the  system  will  produce.    No  one  desires  to 

inhict  ruin  upon  the  manufacturers  ;  but  suppose 

the  SpiUhern  people,  having  the  power  to  control 

the  subject,  should  totally  and  suddenly  abolish 

the  system ;  what  right  would  those  have  to 

Complain  who  had  combined  to  oppress  the 

South  ?    What  has  the  tariff'  led  us  to  already  ? 

from  one  end  of  the  country  to  tho  other,  it  h;is 

truilucud  evils  which  aro  worse  than  a  thousand 


tariff".  The  nrcrinity  "f  nptKaiui'.'  now  tn  fin- 
trrnnl  fi'i'linir  i-iiMW*  (bit  limt  fii'ling  !■«  M"! 
».U'r|iimr.  but  nrnrly  «'XtMiL'iii-lu>|.  Ilr  o|  pfi«rcl 
the  intriMJiirtiMii  of  tin-  IcH  «<  a  ri'Vctuie  nifa-iuir, 
and  upon  it  iliiiiandeil  the  ytnunnd  nay:  which 
Win-  ordi  rt  d." 

The  pnu'tii'iil,  rlcai-btniii'd,  tilrai^'lilC'iiward 
Oi'ti.  ."^niith,  of  .Maryl;md.  jiut  his  llii^-cr  at  oucu 
uiMin  the  f.illacy  and  in-iruiily  of  the  wbolu 
scheme,  and  usod  a  woni,  the  [loint  anil  applica- 
tion of  wbiih  was  more  vihible  aftrrwunls  tlu  i 
at  the  time  it  was  nttcri'd.     He  said : 

'■  That  the  bill  was  no  rure  at  all  for  tbo  cvil.i 
complained  of  by  the  South.  Tlu'V  wished  to 
try  the  constitutionality  of  protecting  duiiis. 
In  this  bill  there  was  nothing  but  protrction, 
from  beginning  to  end.  We  had  U'cn  told  that 
if  tho  bill  )mssed  with  common  consent,  the  bys" 
tem  established  by  it  would  not  l>e  toucluil. 
Hut  ho  had  once  been  rhialiil  in  that  way,  and 
woidd  not  be  r/iitilrtl  again.  In  iHltJ  it  was 
said  tho  manufacturers  woiilil  be  satislied  with 
the  protection  afforded  by  the  bill  of  that  year; 
but  in  a  few  years  after  they  lauic  and  insisted 
for  more,  and  got  mori".  After  the  lirst  four 
years,  an  attempt  woidd  be  made  to  reju^al  all 
the  balance  of  this  bill.  Ho  wouldgo  not'iutiier 
than  four  years  in  jirospective  reihu-tiou.  Tho 
reduction  was  on  some  articles  too  great." 

Ho  spoke  history,  except  in  the  time.  Th« 
manufacturers  retained  the  beiielits  of  the  bill 
to  tho  end  of  the  protection  which  it  gave  them  , 
and  then  re-established  the  protective  system  in 
more  amplitude  than  over. 

"  Mr.  Calhoun  rose  and  said,  he  would  makt 
but  one  or  two  observations.  Kiitirely  approvinj^ 
of  the  object  for  which  tliis  bill  was  introduced, 
he  should  give  his  vote  in  favor  of  tho  motion 
for  leave  to  introduce  it.  He  who  loved  tho 
Union  must  desire  to  see  this  agitating  question 
brought  to  a  termination.  Until  it  should  be 
terminated,  wo  could  not  expect  the  restoration 
of  peace  or  harmony,  or  a  sound  condition  of 
things,  throughout  the  country.  Ho  lielieved 
that  to  the  unhappy  divisions  which  had  kept 
the  Northern  and  Southern  .States  apart  from 
•■ach  other,  the  present  entirely  degraded  condi- 
tion of  the  country  (for  entirely  degraded  he 
believed  it  to  be)  wac  solely  attributable.  Tho 
general  principles  of  this  bill  received  his  appro- 
bation. He  believed  that  if  tho  present  difficul 
ties  were  to  bo  adjusted,  they  must  be  adjusted 
on  the  principles  embiaced  in  the  bill,  of  lixing 
ad  valorem  duties,  except  in  the  few  cases  in 
the  bill  to  which  specitic  duties  were  assigned. 
He  said  that  it  had  been  his  fate  to  occupy  o 
position  as  hostile  as  any  one  could,  in  reference 
to  the  protecting  policy ;  but,  if  it  denended 
on  his  will,  he  wouid  not  t'ive  his  vote  lor  tho 


316 


TimiTY  YKARS*  VIKW. 


jirostration  of  the  nianufnctnrins  interest.  A 
very  liirjre  rajiital  hii'l  heen  inve.'^ted  in  nmnii- 
[ficiiires.  wliii'li  liiiil  Im'cii  oI'  preiit  service  to  the 
C'liiiitrv  ;  and  Ik;  woiiM  never  (.'ive  his  vote  to 
Buddciiiy  witiidraw  all  those  duties  \ty  which 
that  capital  was  sustained  in  the  channel  into 
which  it  had  heen  directed.  IJut  ho  would  oidy 
vote  for  tlic  nd  valorem  system  of  duties,  which 
he  deemed  tlie  most  iR'iielieial  and  the  most 
ef|uilahlo.  At  this  time,  he  dii!  not  rise  to  po 
into  a  considenition  of  any  of  the  details  of  this 
hill,  as  such  n  course  would  he  premature,  and 
contrary  to  tlie  jiractice  of  the  Senate.  Tliere 
were  some  of  the  provisions  which  had  his  entire 
approhation.  and  there  were  some  to  which  he 
oi)jected.  J5ut  he  looked  upon  these  minor 
points  of  diU'erencc  as  points  in  the  Fettlement 
of  which  no  dilliculty  would  occur,  when  {jen- 
tlemen  meet  tofrether  in  that  spirit  of  mutual 
conii)romi.-e  which,  ho  douhted  not,  would  be 
brought  into  their  deliherations,  without  at  all 
yieldiufi  the  constitutional  question  as  to  the 
right  of  protection," 

This  union  of  Mr.  Calhoun  and  Mr.  Clay  in 
the  belief  of  the  harmony  and  brotherly  atlection 
which  this  bill  would  produce,  profossinp;  as  it 
did,  and  bearing  on  its  face  the  termination  of 
the  American  system,  afforded  a  strong  instance 
of  the  fallibility  of  pohtical  opiniond.  It  was 
oidy  six  months  before  that  the  dissolution  cf 
the  Union  would  be  the  effect,  in  the  opinion  of 
one  of  them,  of  the  continuance  of  the  American 
system — and  of  its  abandonment  in  the  opinion 
of  the  other.  Now,  both  agreed  that  the  bill 
which  professed  to  destroy  it  would  restore 
peace  and  harmony  to  a  distracted  country. 
IIow  far  Jlr.  Clay  then  saw  the  preservation, 
and  not  the  destruction,  of  the  American  system 
in  the  compromise  ho  was  making,  may  be 
judged  by  what  he  said  two  weeks  later,  when 
he  declared  that  he  looked  forward  to  a  re-action 
which  would  restore  the  protective  system  at 
tlie  end  of  the  time. 

The  Ih'st  news  of  Mr.  Clay's  bill  was  heard 
with  dismay  by  the  manufacturers.  Nilcs'  Re- 
gister, the  most  authentic  organ  and  devoted 
advocate  of  that  class,  heralded  it  thus  :  "  Mr. 
Claifs  new  tariff  project  will  be  receiced  like 
a  crash  of  thunder  in  the  wintir  seaaoii,  and 
some  will  hardly  trust  the  evidence  of  their 
senses  on  afrsi  examination  of  it — so  radical 
and  sudden  is  the  change  of  polici/  proposed 
because  of  a  combination  of  circumstances 
irhich,  in  the  judgment  of  Mr.  Clay,  has  ren- 
dered such  a  change  necessary.  It  may  be 
that  ourfuL'orite  sifSlems  are  all  to  be  destroy- 


ed. If  no  the  majority  determine — no  it,;  j/' 
The  manufactiirers  Ihjckcd  in  LTowds  to  Washm-. 
ton  City — leaving  home  to  stop  the  bill — arrlvii  • 
at  Washington  to  promote  it.  Those  pra< ti(-,j 
men  soon  saw  that  they  had  gained  a  reprivv,. 
of  nine  years  and  a  half  in  the  benefits  of  pmtt, . 
tion,  with  a  certainty  of  the  rc-ostablisluiRiit  ui 
the  system  at  the  end  of  that  time,  from  tl„ 
revulsion  which  would  be  made  in  the  rcvenu" 
— in  the  abrupt  plunge  at  the  end  of  that  tinu 
in  the  scale  of  duties  from  a  high  rate  to  an  a4 
valorem  of  twenty  per  centum ;  and  that  leavin;- 
one  Innidred  articles  free.  This  nine  years  an! 
a  half  reprieve,  with  the  certain  chance  for  tlie 
revulsion,  they  found  to  be  a  good  cscajx;  from 
the  possible  passage  of  Mr.  Verplank's  hill,  ^ 
its  equivalent,  at  that  session  ;  and  its  certsii 
pa.ssage,  if  it  failed  then,  at  the  ensuing  session 
of  the  new  Congress.  They  found  the  protcctivi; 
system  dead  without  this  reprieve,  and  now  re- 
ceived as  a  deliverance  what  had  been  viewed  as 
a  sentence  of  execution ;  and  having  helped  tlid 
bill  through,  they  went  home  rejoicing,  and  nicro 
devoted  to  Jlr.  Clay  than  ever. 

Tilr.  Webster  had  not  been  consulted,  in  t!u' 
formation  of  this  bill,  and  was  strongly  opposed 
to  it,  as  well  as  naturally  dissatisfied  at  the  ne- 
glect with  which  he  had  been  treated.  As  tiif 
ablest  champion  of  the  tariff,  and  the  rcprt'i;cT.- 
tativo  of  the  chief  scat  of  manufactures,  ho 
would  naturally  have  been  consulted,  and  inado 
a  party,  and  a  leading  one,  in  any  schcnie  of 
tariff  adjustment ;  on  the  contrary,  the  whole 
concoction  of  the  bill  between  Mr.  Clay  and  Mr. 
Calhoun  had  been  entirely  concealed  from  him. 
Symptoms  of  discontent  appeared,  at  times,  i:; 
their  speeches ;  and,  on  the  night  of  the  2oi{, 
some  sharp  words  passed^omposed  the  next 
day  by  their  friends :  but  it  was  a  straiifie  idea 
of  a  "compromise,"  from  which  the  main  party 
was  to  bo  excluded  in  its  formation,  and  bound 
in  its  conclusion.  And  Mr.  AVebster  took  nn 
immediate  opportunity  to  show  that  he  had  not 
been  consulted,  and  would  not  be  bound  by  the 
arrangement  that  bad  been  made.    Ho  said : 

"  It  is  impossible  that  this  proposition  of  the 
honorable  member  from  Kentucky  should  not  ex- 
cite in  the  country  a  very  strong  sensation ;  and,  in 
the  relation  in  which  I 'stand  to  the  subject,  I  am 
anxious,  at  an  early  moment,  to  say,  that,  as  far 
as  I  understand  the  bill,  from  the  gentieinan'i 
statement  of  it,  there  are  principles  in  it  to 
which  I  do  not  at  present  see  how  I  can  cvti 


ANNO  1833.     ANDRKW  JACKSON,  I'UK>!I)I:NT. 


3r 


fioriir.  If  I  tindtTstanil  the  plan,  tlie  result 
rf  it  will  be  a  \vi'll-nii<kT.stood  eiirTciMk-r  of 
the  piiwur  cif  disonmiimtion,  or  a  titipuliitiun 
Jilt  to  use  tliat  power,  in  tlie  layinp  (lutics  on 
imi'ort.s,  after  the  eij;ht  or  nine  years  have  cx- 
[,irt(i.  This  apjKjars  to  me  to  be  matter  of  preat 
inoini'nt.  i  hesitate  to  bo  a  par'.y  to  any  such 
s.ipulation.  The  hononiblo  inc-niber  ochnits, 
that  thoufih  there  will  be  no  |)ositivc  surrcn- 
(1  r  of  the  power,  there  will  be  a  stipulation  not 
1,)  ixercise  it ;  a  treaty  of  jieaco  and  amity,  as 
)ie  cays,  which  no  Anici'ican  statesman  can,  here- 
after, stand  up  to  violate.  For  one,  sir,  I  am 
not  ready  to  enter  into  the  treaty.  I  propose, 
so  far  as  dejiends  on  mc,  to  leave  all  our  succes?- 
cors  in  Congress  as  free  to  act  as  we  are  our- 
R'lves, 

"  The  honorable  member  from  Kentucky  snys 
the  tariff  i-^  in  imminent  danger ;  that,  if  not 
destroyed  this  ses-sion,  it  cannot  hope  to  survive 
the  ni'Xt.  This  may  be  so,  sir.  This  may  be 
so.  13ut,  if  it  be  so,  it  is  because  the  American 
jicople  will  not  sanction  the  tariff;  and,  if  they 
will  not,  why,  then,  sir.  it  cannot  bo  siistaine'd 
at  all.  I  am  not  quite  so  despairing  as  the  hon- 
orable member  seems  to  be.  I  know  nothing 
which  has  Ijappencd,  within  the  last  six  or  eight 
months,  changing  bo  materially  the  prospects  of 
the  tariff.  I  do  not  despair  of  the  success  of  an 
aijpeal  to  the  American  people,  to  take  a  just 
care  of  their  own  interest,  and  not  to  sacrifice 
iliose  vast  interests  which  have  grown  up  under 
the  laws  of  Congress." 

Tl)  .re  was  a  significant  intimation  in  these  few 
rjiuarks,  that  Air.  Webster  had  not  been  con- 
:-tilted  in  the  preparation  of  this  bill.  He  shows 
that  he  had  no  knowledge  of  it,  except  from  Mr. 
Clay's  statement  of  its  contents,  on  the  floor,  for 
it  had  not  then  been  read ;  and  the  statement 
*iade  by  Jlr.  Clay  was  his  only  means  of  under- 
standing it.  This  is  the  only  public  intimation 
which  ho  gave  of  that  exclusion  uf  himself  from 
all  knowledge  of  what  Mr.  Clay  and  Mr.  Cal- 
houn were  doing ;  but,  on  the  Sunday  after  the 
sharp  words  between  him  and  Mr.  Clay,  the  fact 
was  fully  communicated  to  me,  by  a  mutual 
friend,  and  as  an  injurious  exclusion  which  Mr. 
Webster  naturally  and  sensibly  felt.  On  the 
next  day,  he  delivered  his  opinions  of  the  bill, 
in  an  unusually  formal  manner — in  a  set  of  re- 
eolutions,  instead  of  a  speech — thus : 

''liesoh'ed,  That  the  annual  revenues  of  the 
country  ought  not  to  be  allowed  to  exceed  a 
just  estimate  of  the  wants  of  the  government ; 
and  that,  as  soon  as  it  shall  be  ascertained,  with 
reasonable  certainty,  that  the  rates  of  duties  on 
imports,  as  estabhshcd  by  the  act  of  July,  1832, 
will  yield  an  excess  over  those  wants,  provision 
ought  to  bu  made  for  their  reduction ;  and  that, 


in  makiu'.;  tliis  n'(luction,  just  rt^'irard  sboiiiil  b« 
had  tl)  the  various  interi'st.-i  uml  opinions  of  ijif- 
fereiit  parts  of  the  country,  so  as  most  t  tliTtu- 
f.liy  to  presiTvo  the  intctriitv  and  haiuiony  of 
tlie  Union,  and  to  provide  for  the  couniion  de- 
fence, and  promote  the  general  welfare  of  thu 
whole. 

'•JJut,  whereas  it  is  certain  that  the  diniiini- 
tion  of  the  rates  of  duties  on  some  artieie.s 
would  increase,  instead  of  reducing,  the  ajr?''t'- 
gate  amount  of  revenue  on  such  articles ;  iiml 
whereas,  in  regard  to  such  articles  as  it  ha.s 
been  the  policy  of  the  country  to  protect,  a 
slight  reduction  on  one  might  produce  es.sential 
injury,  and  even  distress,  to  ;i;i'i:e  classes  of  tho 
community,  while  another  migi.t  bear  a  larger 
reduction  without  any  such  consecjuenccs ;  and 
whereas,  also,  there  are  many  articles,  the  duties 
on  which  might  be  reduced,  or  altogether  abol- 
ished, without  producing  any  other  ell'ect  than 
tho  reduction  of  revenue  :  Therefore, 

^'Jiesolced,  That,  in  reducing  the  rates  of  du- 
ties imposed  on  imports,  by  the  net  of  the  14th 
of  July  aforesaid,  it  is  not  wise  or  judicious  to 
proceed  byway  of  an  equal  reduction  jHircentuni 
on  all  articles ;  but  that,  as  well  the  amount  as 
tho  time  of  reduction  ought  to  be  fixed,  in  re- 
spect to  the  several  articles,  distinctly,  having 
due  regard,  in  each  ca.se,  to  the  questions  whether 
the  propo.sed  reduction  will  affect  revenue  alone, 
or  how  far  it  will  operate  injuriously  on  those 
domestic  manufactures  hitherto  protected;  es- 
pecially such  as  arc  cs.sential  in  time  of  war.  and 
such,  also,  as  have  been  established  on  the  faith 
of  existing  laws ;  and,  above  idl,  how  far  suclj 
proposed  reduction  will  alfect  the  rates  of  wages 
and  tho  earnings  of  American  manual  labor. 

^•Jiisolced,  That  it  is  unwise  and  injudicious, 
in  regulating  imposts,  to  adopt  a  plan,  hitherto 
equally  unknown  in  the  history  of  this  govern- 
ment, and  in  the  practice  of  all  enlightened  na- 
tions, which  shall,  cither  immediately  or  pros- 
pectively, rtject  all  discrimination  on  articles  to 
be  taxed,  whether  they  be  articles  of  necessity 
or  of  luxury,  of  general  consumption  or  of  limit- 
ed consumption ;  and  whether  they  be  or  be  not 
such  as  are  manufactured  and  produced  at  home , 
and  which  shall  contino  all  duties  to  one  equal 
rate  per  centum  on  all  articles. 

^•JiesolreU,  That,  since  the  people  of  the  United 
States  have  deprived  tho  iState  governments  of 
all  power  of  fostering  manutivctures,  however 
indispensable  in  jieace  or  in  war,  or  however  im- 
portant to  national  independence,  by  commercial 
regulations,  or  by  laying  duties  on  imports,  and 
have  transferred  the  whole  authority  to  m.ike 
such  regulations,  and  to  lay  such  duties,  to  tho 
Congre.^6  of  the  United  States,  Congress  cannot 
surrender  or  abandon  such  power,  compatibly 
with  its  constitutional  duty ;  and,  therefore, 

'■•Jieaolced,  That  no  law  ought  to  be  passed  on 
the  subject  of  imposts,  containing  any  stipula* 
tion,  express  or  implied,  or  giving  any  pledge  or 
assurance,  direct  or  indirect,  which  sfmll  tend  to 
resti'aiu  Congress  from  the  full  exercise,  at  aU 


I,,-* 


%^ 


ill 


k.; 


m 


T' 


.^i 


iR ' 


318 


TIIIRTT  YEARS*  VIEW. 


timefl  hereafter,  of  all  ita  constitutional  powers, 
in  giving  reasonable  protection  to  American  in- 
dustry, countervailing  the  policy  of  foreign  na- 
tionH,  and  maintaining  the  Kubstantial  indepen- 
dence of  the  United  States." 

These  resolutions  brought  the  sentiments  of 
Mr.  Webster,  on  the  tariff  and  federal  revenue, 
very  nearly  to  the  standanl  recommended  by 
General  Jackson,  in  his  annual  message ;  which 
was  a  limitation  of  the  revenue  to  the  wants  of 
the  government,  with  incidental  protection  to 
essential  articles;  and  this  approximation  of 
policy,  with  that  which  had  already  taken  place 
on  the  doctrine  of  nullification  and  itr  measures, 
ijnd  his  present  support  of  the  "  Force  Bill,'  Tiay 
have  occasioned  the  exclusion  of  Mr.  Webster 
from  all  knowledge  of  this  "  compromise."  Cer- 
tain it  is,  that,  with  these  sentiments  on  the  sub- 
ject of  the  tariff  and  the  revenue,  and  with  the 
decision  of  the  people,  in  their  late  elections 
against  the  American  system,  that  Mr.  Webster 
and  his  friends  would  luve  acted  with  the  friends 
of  General  Jackson  and  the  democratic  party, 
in  the  ensuing  Congress,  in  reducing  the  duties 
in  a  way  to  bo  satisfactory  to  every  reasonable 
interest ;  and,  above  all,  to  be  stable ;  and  to 
free  the  country  from  the  agitation  of  the  tariff 
question,  the  manufacturers  from  uncertainty, 
and  the  revenue  from  fluctuations  which  alter- 
nately gave  overflowing  and  empty  treasuries. 
It  was  a  consummation  devoutly  to  bo  wished ; 
and  frustrated  by  the  Intervention  of  the  delu- 
sive "  compromise,"  concocted  out  of  doors,  and 
in  conclave  by  two  senators ;  and  to  be  carried 
through  Congress  by  their  joint  adherents,  and 
by  the  fears  of  some  and  the  interests  of  ot'.ers. 

Mr.  Wright,  of  New- York,  saw  objections  to 
the  bill,  which  would  be  insurmountable  in  other 
circumstances.  He  proceeded  to  state  these  ob- 
jections, and  the  reason  which  would  outweigh 
them  in  his  mind : 

"  He  thought  the  reduction  too  slow  for  the 
first  eight  years,  and  vastly  too  rapid  afterwards. 
Again,  he  objected  to  the  inequahty  of  the  rule 
of  reduction  which  had  been  adopted.  It  will 
be  seen,  at  once,  that  on  articles  paying  one 
hundred  per  cent,  duty,  the  reduction  is  danger- 
ously rapid.  There  was  uniformity  in  the  rule 
adopted  by  the  bill,  as  regards  its  operation  on 
existing  laws.  The  first  object  of  the  bill  was 
to  efiect  a  compromise  between  the  conflicting 
news  of  the  friends  and  the  opponents  of  pro- 
tection. It  purports  to  extend  relief  to  Southern 
interest ;  and  yet  it  enhances  the  duty  on  one  of 
the  most  material  articles  of  Southern  consump- 


tion— nogro  cloths.    Again,  while  it  incrca.«o| 
this  duty,  it  imposes  no  corresponding  duty  on 
the  raw  material  from  which  the  fabric  m  ninde. 
"Another  objection  arose  from  his  matiirii 
conviction  that  the  principle  of  home  valuation 
was  absurd,  impracticable,  and  of  wry  unequal 
operation.    The  reduction  on  somr  articles  <,( 
prime  noccBsity — iron,  for  example — was  so  great 
and  so  rapid,  that  he  was  perfectly  satisfied  that 
it  would  stop  all  further  production  before  tlie 
expiration  of  eight  years.    The  principle  of  dis- 
crimination was  one  of  the  pomts  introducc<l 
into  the  discussion ;  and,  as  to  this,  he  would  sav 
that  the  bill  «iid  not  recognize,  after  a  limitcl 
period,  the  power  of  Congress  to  afford  protec- 
tion by  discriminating  duties.    It  provides  pro- 
tection for  a  certain  length  of  time,  but  docs  not 
ultimately  recognize  the  principle  of  protection. 
The  bill  proposes  ultimately  to  reduce  all  arti- 
cles which  pay  duty  to  the  same  rate  of  duty. 
This  principle  of  revenue  was  entirely  unknown 
to  our  laws,  andj  in  his  opinion,  was  an  unwar- 
rantable innovation.     Gentlemen  advocating  the 
principle  and  policy  of  free  trade  admit  the  power 
of  Congress  to  lay  and  collect  such  duties  as  are 
necessary  for  the  purpose  of  revenue ;  and  (o 
that  extent  they  will  incidentally  afford  jiro- 
tection  to  manufactures.  CHe  would,  v<j,. 
occasions,  cqotcnd  that  no  more  monc}    ' 
be  raisec^rom  duties  on  imports  than  t' 
ernment  needs ;  and  thiS^  principle  he  ,.  ib;:c(i 
now  to  state  in  plain  termsj   He  adverted  to 
the  proceedmgs  of  the  Free'Trade  Convention 
to  show  that,  by  a  large  majority,  (120  to  7.) 
they  recognized  the  constitutional  power  ot  Con- 
gress to  afford  incidental  protection  to  domestic 
manufactures.    They  expressly  agreed  that  the 
principle  of  discrimination  was  in  consonance 
with  the  constitution. 

"  Still  another  objection  he  had  to  the  bill.  It 
proposed  on  its  face,  and,  as  he  thought,  directly, 
to  restrict  the  action  of  our  successors.  We  had 
no  power,  he  contended,  to  bind  our  successors. 
We  might  legislate  prospectively,  and  a  future 
Congress  could  stop  the  course  of  this  prospec- 
tive legislation.  He  had,  however,  no  alternative 
but  to  vote  for  the  bill,  with  all  its  defects,  be- 
cause it  contained  some  provisions  which  the 
state  of  the  country  rendered  indispensably  ne- 
cessary." 

He  then  stated  the  reason  which  would  induce 
him  to  vote  for  the  bill  notwithstanding  these 
objections.  It  was  found  in  the  attitude  of  South 
Carolina,  and  in  the  extreme  desire  which  he 
had  to  remove  all  cause  of  discontent  in  that 
State,  and  to  enable  her  to  return  to  the  state  of 
feeling  which  belonged  to  an  affectionate  member 
of  the  Union.  For  that  reason  he  would  do  what 
was  satisfactory  to  her,  though  not  agreeable  to 
himself.  ' 

While  the  bill  was  still  depending  before 
the  Senate,  the  bill  itself  for  which  the  leavt 


AX.VO  H33.     A'.DREW  JACKSONV  PRF-SIDENT. 


319 


tv  bein;;  asked,  tnado  its  appearance  at  the 
looT  of  the  chamber,  with  a  right  to  enter  it, 
,n  the  shape  of  an  act  passed  by  the  House, 
jp.d  sent  to  the  Senate  for  concurrence.  Tliis 
•  i\3  a  new  feature  in  the  game,  and  occasioned 
ihe  Senate  bill  to  be  immediately  dropped,  and 
the  House  bill  put  in  its  place;  and  which,  being 
qiiiclcly  put  to  the  vote,  was  passed,  29  to  10. 

"Yeas. — ISIcssrs.  Bell,  Bibb,  B'.ack,  Calhoun, 
Chambers,  Clay,  Clayton,  Ewing,  Foot,  Forsyth, 
J'relinghuyscn,  Grundy,  Hill,  Holmes,  Johnston, 
Kinjf,  Mangum,  Miller,  Moore,  Maudain,  Poin- 
dcxtcr,  Rives,  Robinson,  Sprague,  Tomlinson, 
Tyler,  Waggaman,  White,  Wright. 

'"Nays. — Messrs.  Benton,  Buckner,  Dallas, 
Pickerson,  Dudley,  Hendricks,  Knight,  Prentiss, 
lobbins,  Ruggles,  Seymour,  Silsbee,  Smith,  Tip- 
ton. Webster,  Wilkins." 

And  the  bill  was  then  called  a  "compromise," 
which  the  dictionaries  define  to  be  an  "agreement 
trithout  the  intervention  of  arbitrators;"  and  so 
called,  it  was  immediately  proclaimed  to  be 
sacred  and  inviolable,  as  founded  on  mutual  con- 
sent, although  the  only  share  which  the  manu- 
facturing States  (Pennsylvania,  New  Jersey, 
Maryland,  Massachusetts,  Rhode .  Island,  Ver- 
mont) had  in  making  this  "  compromise,"  was 
to  see  it  sprung  upon  them  without  notice,  ex- 
ecuted upon  them  as  a  surprise,  and  forced  upon 
them  by  anti-tariff  votes,  against  the  strenuous 
resistance  of  their  senators  and  representatives 
in  both  Houses  of  Congress. 

An  incident  which  attended  the  discussion  of 
this  bill  shows  the  manner  in  which  great  meas- 
ures— especially  a  bill  of  many  particulars,  like 
the  tariff,  which  affords  an  opportunity  of  CTati- 
fying  small  interests — may  be  worked  through 
a  legislative  body,  even  the  Senate  of  the  United 
States,  by  other  rea.son8  than  those  derived  from 
its  merits.  The  case  was  this :  There  were  a 
few  small  manufactories  in  Connecticut  and  some 
other  New  England  States,  of  a  coarse  cloth  call- 
ed, not  Kendall  green,  but  Kendall  cotton — 
quite  antithetically,  as  the  article  w^as  made 
wholly  of  wool^-of  which  much  was  also  import- 
ed. As  it  was  an  article  exclusively  fur  the  la- 
boring population,  the  tariff  of  the  preceding 
session  made  it  virtually  free,  imposing  only  a 
duty  of  five  per  centum  on  the  value  of  the  cloth 
ind  the  same  on  the  wool  of  which  it  w^is  made. 
Now  this  article  was  put  up  in  this  "  compro- 
mise "  bill  which  was  to  reduce  duties,  to  fifty 
per  centum,  aggravated  by  an  arbitrary  minimum 


valuation,  and  by  the  le^rcnU-main  of  retaining 
the  five  per  centum  duty  on  the  foreipn  wool 
which  they  used,  slmI  which  was  eqiiivalcmt  to 
making  it  free,  and  reduced  to  that  low  rate  to 
harmonize  the  duty  on  the  raw  material  and 
the  cloth.  General  Smith,  of  Maryland,  moved 
to  strike  out  this  duty,  so  flagrantly  in  con- 
trast to  the  profc8.sed  objects  of  the  bill,  and 
in  fraud  of  the  wool  duty;  and  that  motion 
brought  out  the  reason  why  it  was  put  there 
— which  wao,  that  it  was  necessary  to  secure 
the  passage  of  the  bill.  Mr.  Foot,  of  Con- 
necticut, said :  "  This  was  an  important 
feature  of  the  bill,  in  which  hia  constiluenta 
had  a  great  interest.  Gentlemen  from  the 
South  had  agreed  to  it;  and  they  utre  com- 
petent to  guard  their  own  interest.'^  Mr.  Clay 
said :  "  The  provision  proposed  to  be  stricken 
out  was  an  essential  part  of  the  compromise, 
which,  if  struck  out,  would  destroy  the  whole." 
Mr.  Bell  of  New  Hampshire,  said :  "  The  pas- 
sage of  the  bill  depended  upon  it.  ' '  struck 
out,  he  should  feel  himself  compelh  ■>  vote 
against  the  bill."  So  it  was  admitted  hose 
who  knew  what  they  said,  that  this  it'  had 
been  put  into  the  bill  while  in  a  state  of  concoc- 
tion out  of  doors,  and  as  a  douceur  to  conciliate 
the  votes  which  were  to  pass  it.  Thereupon 
Mr.  Benton  stood  up,  and 

"  Animadverted  on  the  reason  which  was  al- 
leged for  this  extraordinary  augmentation  of 
duties  in  a  bill  which  was  to  reduce  duties.  The 
reason  was  candidly  expressed  on  this  floor. 
There  were  a  few  small  manufactories  of  these 
woollens  in  Connecticut ;  and  unless  these  man- 
ufactories be  protected  by  an  increase  of  duties, 
certain  members  avow  their  determination  to 
vote  against  the  whole  bill !  This  is  the  secret 
— no !  not  a  secret,  for  it  is  proclaimed.  It  was 
a  secret,  but  is  not  now.  Two  or  three  little 
factories  in  Connecticut  must  be  protected ;  and 
that  by  imposing  an  annual  tax  upon  the  wearers 
of  these  coarse  woollens  of  foi  or  five  times  the 
value  of  the  fee-simple  estate  cf  the  factories. 
Better  far,  as  a  point  of  economy  and  justice,  to 
purchase  them  and  burn  them.  The  whole 
American  system  is  to  be  given  up  in  the  year 
1842 ;  and  why  impose  an  annual  tax  of  near 
five  hundred  thousand  dollars,  upon  the  laboring 
community,  to  prolong,  for  a  few  years,  a  few 
small  branches  of  that  system,  when  the  whole 
bill  has  the  axe  to  the  root,  and  nods  to  its  fall? 
But,  said  Mr.  B.,  these  manufactories  of  coarse 
woollens,  to  be  protected  by  this  bill,  are  not 
even  American;  they  are  rather  Asiatic  estab- 
lishments in  America ;  for  they  get  their  wooi 
from  Asia,  and  not  from  America.    The  impor* 


320 


THinTY  YEARS'  VIKW. 


tution  of  UiJH  wool  in  one  million  two  hundred 
nnd  fifly  thoii.uand  iKiunds  wci^tit;  it  conicH 
cliioily  from  Snij  rna,  iiiul  costs  lf«8  than  cijrht 
ccntH  a  poiiml.  It  was  made  free  of  duty  at  the 
last  session  of  Conpress,  ais  un  equivalent  to  these 
very  manufactories  for  the  reduction  of  the  duty 
on  coar.se  wooll<;ns  to  live  per  cent.  The  two 
luea-sures  W(?iit  together,  and  were,  each,  a  con- 
sideration for  the  other.  Before  that  time,  and 
by  the  act  of  1828,  this  coarse  wool  was  heavily 
dutied  for  tlie  benefit  of  the  home  wool  growers. 
It  wa.H  fiulijected  to  a  double  duty,  one  of  four 
cents  on  the  pound,  and  the  other  of  fifty  piT 
cent.  ,on  1  he  value.  As  a  measure  of  compromise, 
this  cfouble  duty  was  abolished  at  the  last  pcssion. 
The  wool  for  these  factories  was  admitted  duty 
free,  and,  as  an  equivalent  to  the  community, 
the  woollens  made  out  of  the  corresponding  kind 
of  wool  were  admitted  at  a  nominal  duty.  It 
was  a  bnrp;ain,  entered  into  in  open  Congress, 
and  sealed  with  r\l  the  forms  of  law.  Now,  in 
eix  months  after  tae  bargain  was  made,  it  U  to 
be  broken.  The  manufacturers  are  to  have  the 
duty  on  woollens  run  up  to  fifty  per  cent,  for 
protection,  and  arc  still  to  receive  the  foreign 
wool  free  of  duty.  In  plain  English,  they  are 
to  retain  the  pay  which  was  given  them  for  re- 
ducing the  duties  on  these  coarse  woollens,  and 
they  are  to  have  the  duties  restored. 

"  He  said  it  was  contrary  to  the  whole  teno- 
and  policy  of  the  bill,  and  presented  the  strange 
contradiction  of  multiplying  duties  tenfold,  upon 
p,n  article  of  prime  necessity,  used  exflusively 
by  the  laboring  part  of  the  community,  while 
reducing  duties,  or  abolishing  them  in  toto,  upon 
every  article  used  by  the  rich  and  luxurious. 
Silks  were  to  be  free ;  cambrics  and  fine  linens 
were  to  be  free ;  muslins,  and  casimercs,  and 
broad  cloths  were  to  be  reduced ;  but  the  coarse 
woollens,  worn  by  the  laborers  of  every  color 
and  every  occupation,  of  every  sex  and  of  every 
age,  bond  or  free — these  coarse  woollens,  neces- 
sary to  shelter  the  exposed  laborer  from  cold 
and  damp,  are  to  be  put  up  tenfold  in  point  of 
tax,  and  the  cost  of  procuring  them  doubled  to 
the  wearer. 

"The  American  value,  and  not  the  foreign 
cost,  will  bj  the  basis  of  computation  for  the 
twenty  per  cent.  The  difference,  when  all  is  fair, 
IS  about  thirty-five  per  cent,  in  the  value ;  so 
that  an  importation  of  coarse  woollens,  costing 
one  million  in  Europe,  and  now  to  pay  five  per 
cent,  on  that  cost,  will  be  valued,  if  all  is  fair,  at 
one  million  three  hundred  and  fifty  thousand 
dollars ;  and  the  twenty  per  cent,  will  be  cal- 
culated on  that  sum,  and  will  give  two  hundred 
and  seventy  thousr  nd  dollars,  instead  of  two 
hundred  thousand  dollars,  for  the  quantum  of 
the  tax.  It  will  be  near  sixfold,  instead  of  four- 
fold, and  that  if  all  is  fair ;  but  if  there  are  gross 
errors  or  gross  frauds  in  the  valuation,  as  every 
human  being  knows  there  must  be,  the  real  tax 
may  be  far  above  sixfold.  On  this  very  floor, 
and  in  this  very  debate,  we  hear  it  computed,  by 
way  of  recommending  this  bill  to  the  manufac- 


turers, that  the  twenty  per  cent,  on  the  stituti 
book  will  exceed  thirty  in  the  custom-houx'. 

'•  Mr.  B,  took  a  view  of  the  circuiustanct. 
which  had  attended  the  duties  on  tlu-se  coaiKi 
wo(,lIcns  since  he  had  l)een  in  Congnss.  Kvcpt 
act  had  discriminated  in  favor  of  these  poodi 
Ix'causo  they  were  used  by  the  poor  and  thg 
laborer.  The  act  of  1824  fixed  the  duties  uixm 
them  at  a  rate  one  third  less  than  on  othir  w^iil. 
lens ;  the  act  o,'  1828  fixed  it  at  upwards  of  one 
half  less;  the  act  of  1832  fixed  it  nine  tcnth-i 
less.  All  these  discriminations  in  favor  of  coarno 
woollens  were  made  upon  the  avowed  principle 

of  favoring  the  laborers,  bon;!  nnd  free, the 

slave  wh'.ch  ./orks  the  field  f  ^r  his  master  tlw 
mariner,  the  miner,  the  steamboat  hand,  the 
worker  in  stone  and  wood,  and  every  out-door 
occupation.  It  was  intended  by  the  franicrs  of 
all  these  acts,  and  especially  y  the  supjiortcrs 
of  the  act  of  1832,  that  this  cLisb  of  our  popula- 
tion, so  meritorious  from  their  daily  labor  so 
much  overlooked  in  the  operations  of  the  {^ov- 
ernment,  because  of  their  little  weight  in  the 
political  scale,  should  at  least  receive  one  boon 
from  Congress — they  should  receive  their  work- 
ing clothes  free  of  tax.  This  was  the  intention 
of  successive  Congresses ;  it  was  the  performance 
of  this  Congress  in  its  act  of  the  last  session  • 
and  now,  in  six  short  months  since  this  boon 
was  granted,  before  the  act  had  gone  into  effect, 
the  very  week  before  the  act  was  to  go  into 
effect,  the  boon  so  lately  granted,  is  to  be  snatched 
away,  and  the  day  laborer  taxed  higher  than  ever; 
taxed  fifty  per  cent,  upon  his  working  ^ lothcs ! 
while  gentlemen  and  ladies  are  to  have  silks  and 
cambrics,  and  fine  linen,  free  of  any  tax  at  all ! 

"  In  allusion  to  the  alleged  competency  of 
the  South  to  guard  its  own  interest,  as  averrctl 
by  Mr.  Foot,  Mr.  Benton  said  that  was  a  species 
of  ability  not  confined  to  the  South,  but  existent 
also  in  the  North — whether  indigenous  or  exotic 
he  could  not  say — but  certainly  existent  there, 
at  least  in  some  of  the  small  States  ;  and  active 
when  duties  were  to  be  rai.sed  on  Kendal  cotton 
cloth,  and  the  wool  of  which  it  was  made  to  re- 
main free." 

The  motion  of  General  Smith  was  rejected, 
of  course,  and  by  the  same  vote  which  passed 
the  bill,  no  one  of  those  giving  way  an  inch  of 
ground  in  the  House  who  had  promised  out  of 
doors  to  stand  by  the  bill.  An  Jther  incident  to 
which  the  discussion  of  this  bill  gave  rise,  and 
the  memory  of  which  is  neceesary  to  the  unde"- 
standing  of  the  times,  was  the  character  of 
•^protection"  which  Mr.  Clay  openly  claimed 
for  it  5  and  the  peremptory  manner  in  which  he 
and  his  friends  vindicated  that  claim  in  open 
Senate,  and  to  the  face  of  Mr.  Calhoun.  The 
circumstances  were  these :  Mr.  Forsyth  object- 
ed to  the  leave  asked  by  Mr.  Clay  to  introduce 
his  bill,  because  it  was  a  revenue  bill,  the  orieri 


AXXO  1833.     ANDREW  JACKSON',  PRiaiDFAT. 


321 


(Ution  of  which  under  tho  constitution  exchi- 
fivily  belon^'d  to  tho  House  of  Heprvsenta- 
tive*,  the  inimfdiatc  representative  of  the  |K'o- 
[le.    And  this  >nive  rise  to  an  episodical  debate, 


defeat  it  declartnl  thej-  woiild  not  siippurt  it  ex- 
cept a;*  a  protective  nu-aj^ure.  Mr.  Calhoun  in 
other  parts  of  the  dehatc  liad  declared  tho  hill 
to  be  an  ubniidonnient  of  proicetion  ;  but  at 
The  main  object  of   this  critical  point,  when  such  a  denial  from  him 


I, 


I  which  Mr.  Clay  said  : 

(ic  liill  is  not  revenue,  but  protection." — In  an-  !  would  have  been  tlie  instant  death  warrant  of 
jivir  to  several  senators  who  snid  the  bill  was  the  bill,  he  said  nothing.  His  desire  for  its  pai- 
an  aban<lonment  of  the  pi  otectivo  principle,  Mr, 
Clay  .<aid :  "  The  lingtuige  of  the  bill  author- 
ized 110  such  construction,  and  that  no  one '.  hia  denial. 
voiitil  be  justif.ed  in  inferring^  that  there  was  On  the  main  point,  that  of  the  constitutionali- 
/,)  hi;  an  abandonment  of  the  system  of  protec- .  ty  of  orifjinating  the  bill  in  the  Senate,  Mr.  We>> 


,  sage  must  have  been  oycrpowering  when  hj 
j  could  hear  such  declarations  without  rejwatinj^ 


(iy»." — And  Mr.  Clayton,  of  Delaware,  a  sup- 
porter of  the  bill,  said :  "  The  gcvernmcnt  can- 
not be  kept  together  if  the  principle  of  protcc- 
kdion  icere  to  be  discarded  in  our  policy; 
„ml  declared  that  he  would  pause  before  he 
surrendered  that  principle,  even  to  save  the 
r/iio;i."— Mr.  Webster  said:  "  TAe  bill  is 
brought  forward  by  the  distinguished  senator 
from  Kentucky,  who   professes  to   have  re- 


stcr  spoke  the  law  of  Parliament  when  he  said : 

"It  was  purely  n  question  of  privilefi;c,  and 

the  decision  of  it  Iwlongcd  alone  to  the  other 

House.     The  Senate,  by  the  constitution,  could 

not  originate  bills  for  raising  revenue.     Ft  was 

of  no  consequence   whether  the  rate  of  duty 

were  increased  or  decrex«cd  ;  if  it  was  a  money 

bill  it  belonged  to  the  House  to  originate  it. 

In  the  House  there  was  a  Committee  of  Ways 

and  Means  organized  expressly  for  such  objects. 

;  ,.„„«  ^e  j.;„  /•,.„.„  « ..^.•,..-  „«  „„  <«  <i„   There  was  no  such  committee  in  the  Senate. 
nounced  none  oj  his  for  ner  opinions  as  to  the   m.  i-^  a.-      i         •  ■  j.  ^       r       ^.i 

'"  .       ,.  ,  ,:  -  ;  The  constitutional  provision  was  taken  from  tho 

constitutionality  and  expediency  of  pro/ec- j  p,.actic3  of  the  British  Parliament,  whose  usages 
(io;i." — And  Mr.  Clay  said  further :  "  The  bill  j  were  well  known  to  the  franicrs  of  the  constitu- 
ammes,  as  a  basis,  adequate  ;)ro/ec/|■o>^ /or  tion,  with  the  modification  that  the  Senate  might 

years,  and  less  (protection)  beyond  that   ^^^Z  "'Vi  '^'"«"^,  .•^""'^y  b'"f'  7.*'''=?  ""'f  '^''^^^ 
'        '  ^'  '     ^  by  the  House  of  Commons  to  the  Ijords.     This 

subject  belongs  exclusively  to  the  House  of 


\mn.  The  friends  of  protection  say  to  their 
opponents,  we  are  willing  to  take  a  lease  of 
nine  years,  with  the  long  chapter  of  accidents 
beijond  that  period,  including  the  chance  of 
icar,  the  restoration  of  concord,  and  along 
vith  it  a  conviction  common  to  all.  of  the  util 


Representatives.  The  attempt  to  evade  the 
question,  by  contending  that  the  present  bill 
was  intended  for  protection  and  not  for  revenue, 
afforded  no  relief,  for  it  was  protection  by  means 
of  revenue.  It  was  not  the  less  a  money  bill 
from  its  object  being  protection.      After  1842 


ity  of  protection  J  and  in  consideration  of  it,  \  this  bill  would  raise  the  revenue,  or  it  would 
if,  in  1842  none  of  these  contingencies  shall  \"^^^^^  raised  by  existing  L-iavs.  He  was  alto- 
-'      ,  ,.     ■,  .11.      .        .     ..  i  gether  opposed  to  the  provisions  of  this  bill: 

have  been  realized,  we  are  willing  tc  8ubmit,\\,t  this  objection  was  ont  which  belonged  to 
as  long  as  Congress  may  think  proper,  with  a 


objcctii 
the  House  of  Representatives." 

Another  incident  which  illustrates  the  vice 
and  tyranny  of  this  outside  concoction  of  mea- 
sures between  chiefs,  to  be  supportctl  in  the 
House  by  their  adherents  as  they  fix  it,  occur- 
red in  the  progress  of  this  bill.  Mr.  Benton, 
perceiving  that  there  was  no  corresponding  re- 
duction of  drawback  provided  for  on  the  expor- 
tation of  the  manufactured  article  made  out  of 
an  imported  material  on  which  duty  was  to  bo 
reduced,  and  suppof'ing  it  to  have  been  an  over- 
sight in  the    framing  of  the  bill,  moved  an 


maximum  of  twenty  per  centum,"  &c. — "//e 
acoued  his  object  in  framing  the  bill  was  to 
secure  that  protection  to  manufactures  which 
(very  one  foresaw  must  otiierwise  soon  be  swept 
away."  So  that  the  bill  was  declared  to  be  one 
of  protection  (and  upon  sufficient  data),  upon 
a  lease  of  nine  years  and  a  half,  with  many 
chances  lor  converting  the  lease  into  a  fee  sim- 
ple at  the  end  of  its  run ;  which,  in  fact,  was 
done ;  but  with  si.^n  excess  of  protection  as  to 
prodace  a  revulsion,  and  another  tariff  catastro- 
phe in  1846.  The  continuance  of  protection 
was  claimed  in  argument  by  Mr.  Clay  and  his  j  a«iendmcnt  to  that  eftect;  and  meeting  ^e!^;3t- 
friends  through"  ut  tho  discussion,  but  here  it  |  ance,  stood  up,  and  said : 

was  made  a  point  on  which  the  fate  of  the  bill       «  Hjg  motion  did  not  extend  to  the  general 
depended,  and  on  which  enough  of  its  friends  to  system  of  drawbacks,  but  only  to  those  special 
Vol.  I.— 21 


1' 


322 


TIIFRTY  YEARS'  VIEW 


Iff 


H-t 


caNcs  in  whifh  the  o.vjjortiT  was  authori/^-cl  to 
•Irnw  from  the  treasury  tlie  aninunt  of  inoiiey  I 
which  he  had  pnid  into  it  rm  the  importation  of 
th«  materials  which  he  had  inanuf:u-tured.  The 
iimoiiiit  of  (Irawhaclt  to  be  allowed  in  every  cace 
liiid  been  adjusted  to  the  amount  of  duty  paid,  \ 
and  OS  ail  these  duties  were  to  Ikj  iK'riodically 
reduced  liy  the  hill,  it  wouM  follow,  as  a  ref^u- 
hir  conscfjiiencc,  that  the  drawhack  chould  im- 
derfro  equal  reductions  at  the  same  time.  Mr. 
11.  would  ilhistrnte  his  motion  by  stating  a  cin- 
jrli-  ca.'^e — the  case  of  refined  sugar.  The  <lraw- 
hack  payable  on  this  sugar  wiw  five  cents  a 
I'  ind.  These  five  cents  rested  upon  a  duty  of 
three  cents,  now  payalile  on  the  importation  of 
foreign  brown  sugar.  It  was  ascertained  that 
it  required  nearly  two  pounds  of  brown  sugar 
to  make  a  pound  of  refined  sugar,  and  live  cents 
was  held  to  be  the  amount  of  duty  paid  on  the 
quantity  of  brown  sugar  which  made  the  pound 
of  refined  sugar.  It  was  simply  a  reimburse- 
ment of  what  he  had  paid.  By  this  bill  the 
<luty  of  foreign  brown  sugar  will  be  reduced  im- 
mediately to  two  and  a  half  cents  a  pound,  and 
afterwards  will  be  periodically  reduced  until  the 
}  xr  1842,  when  it  will  be  but  six-tenths  of  a 
C'.'nt,  very  little  more  than  one-sixth  of  the  duty 
when  five  cents  the  pound  were  allowed  for  a 
drawback.  Now,  if  the  drawback  is  net  re- 
duced in  proportion  to  the  reduction  of  the  duty 
on  the  raw  sugar,  two  very  injurious  conse- 
quences will  result  to  the  public :  first,  that  a 
large  sum  of  money  will  bo  annually  taken  out 
of  the  treasury  in  gratuitous  bounties  to  sugar 
refiners ;  and  next,  that  the  consumers  of  refin- 
ed sugar  will  have  to  pay  more  for  American 
refined  sugar  than  foreigners  will ;  for  the  re- 
finers getting  a  bounty  of  five  cents  a  pound  on 
all  that  is  exported,  will  export  all,  unless  the 
American  consumer  will  pay  the  bounty  also. 
Mr.  B.  could  not  undertake  to  say  how  much 
money  would  be  drawn  from  the  treasury,  as  a 
mere  bounty,  if  tliis  amendment  did  not  prevail. 
It  must,  however,  be  great.  The  drawback  was 
now  frequently  a  hundred  thousand  dollars  a 
year,  and  great  frauds  were  committed  to  obtmn 
it.  Frauds  to  the  amount  of  forty  thousand 
dollars  a  year  had  been  detected,  and  this  while 
the  inducement  was  small  and  inconsiderable; 
but,  as  fast  as  that  inducement  swells  from  year 
t  I  year,  the  temptation  to  commit  frauds  must 
ucrease;  and  the  amount  drawn  by  fraud,  add- 
ed to  that  drawn  by  the  letter  of  the  law,  must 
be  enormous.  Mr.  B.  did  not  think  it  necessary 
to  illustrate  his  motion  by  further  examples, 
but  said  there  were  other  cases  which  would  be 
as  strong  as  that  of  refined  sugar ;  and  justice 
to  the  public  required  all  to  be  checked  at  once, 
by  adopting  the  amendment  ho  had  oflered." 

This  amendment  was  lost,  although  its  neces- 
sity was  self-evident,  and  supported  by  Mr.  Cal- 
houn's vote ;  but  Mr.  Clay  was  inexorable,  and 
would  allow  tf  no  amendment  which  was  not 


ofTere*!  by  friends  of  the  bill :  a  qualificatinn 
which  usually  attends  all  this  clo-ss  of  out, id,. 
legislation.  In  the  end,  I  saw  the  anien'InK  nt 
adopte<I,  as  it  regarded  refined  sugar.-i,  aftir  n 
began  to  take  hundreds  of  thousands  peraiinmii 
from  the  treasury,  and  was  hastening  on  to  mil- 
lions [KT  annum.  The  vote  on  its  rejection  iii 
the  compromise  bill,  was: 

"  Ykas.— Messrs.  Benton,  Buckner,  CnJlmnn 
Dallas,  DickiTson,  Dudley,  Forsyth,  .(olins<jn' 
Kane,  King.  Bives,  Robinson,  Seymour,  Tomlij' 
s<m,  AVebster,  White,  AV'lkins,  Wright. — 18. 

'•  Nays.— Messrs.  Bell,  Bibb,  Black,  Clay.  Clay- 
ton,  Ewing,  Foot,  Grundy,  Hendricks,  llolme-i, 
Knight,  JIangum,  Miller,  Moore  Naudain.  Poiiw 
dexter,  Prentiss,  Bobbins,  fciisbee,  Smith 
Spraguc,  Tipton,  Troup,  Tyler.— 24."  ' 

But  the  protective  feature  of  the  bill,  which 
sat  hardest  upon  the  Southern  members,  and  at 
one  time,  seemed  to  put  an  end  to  the  "  compro- 
mise," was  a  propositi  ^n,  by  Mr.  Clay,  to  sul>- 
stitute  home  valuations  for  foreign  on  imported 
goods ;  and  on  which  home  valuation,  the  duty 
was  to  be  computed.  This  was  no  part  of  the 
bill  concocted  by  Mr.  Clay  and  Mr.  Calhoun ; 
and,  when  oflered,  evidently  took  the  latter  gen- 
tleman by  surprise,  who  pronounced  it  uncon- 
stitutional, unequal,  and  unjust ;  averred  the  ob- 
jections to  the  proposition  to  be  insurmount- 
able; and  declared  that,  if  adopted,  would  compel 
him  to  vote  against  the  whole  bill.  On  the 
other  hand,  Mr.  Clayton  and  others,  derlarcd 
the  adoption  of  the  amendment  to  be  indispensa- 
ble ;  and  boldly  made  known  their  determina- 
tion to  sacrifice  the  bill,  if  it  was  not  adopted. 
A  brief  and  sharp  debate  took  place,  in  the 
course  of  which  Mr.  Calhoun  declared  his  opin- 
ions to  remain  unaltered,  and  Mr.  Clayton 
moved  to  lay  the  bill  upon  the  table.  Its  fate 
seemed,  at  that  time,  to  be  sealed ;  and  certainly 
would  have  been,  if  the  vote  on  its  passage  had 
then  been  taken ;  but  an  adjoummei:t  was 
moved,  and  carried ;  and,  on  the  next  day,  and 
after  further  debate,  and  the  question  on  Jlr. 
Clay's  proposition  about  to  be  taken,  Mr.  Cal- 
houn declared  that  it  hid  become  necessary  for 
him  to  determine  whether  he  would  vote  for  or 
against  it ;  said  he  would  vote  for  it,  otherwise 
the  bill  would  be  lost.  He  then  called  upon 
'  the  reporters  in  the  gallery  to  notice  well  what 
j  he  said,  as  he  intended  his  declaration  to  be  part 
of  the  proceedings :  and  that  he  voted  upon  the 
conditions :  first,  that  no  valuation  should  b« 


.^^ 


ANNO  l«*a3.    ANDREW  JACKSON,  PIlF^lDr.NT. 


:j_'3 


liipto'l,  which  wonl(!  rjake  the  duties  uneqtial 
ti  (liffin-nt  partH ;  and  M.coii(lly.  that  t)iu  diitiis 
thimselves  should  not  become  an  element  in  the 
valuation.  The  practical  wnse  of  CJeneral  Smith 
immwliatcly  exi.osed  the  futility  of  these  con- 
lition.s,  whicli  were  looked  upon,  on  all  sides,  an 
t  mere  salvo  for  an  inevitable  vote,  extorted  from 
him  by  the  exigencies  of  his  position ;  and  seve- 
ral senators  reminded  him  that  his  intentions 
iU'l  motives  could  have  no  cflect  upon  the  law, 
which  would  bo  executed  according  to  its  owi\ 
vrords.  The  following  is  the  debate  on  this 
],oint,  very  curious  in  itself,  even  in  the  outside 
viiw  it  gives  of  the  manner  of  affecting  great 
nitional  legislation  ;  and  much  more  so  in  the  iu- 
jiilc  view  of  the  manner  of  passing  this  particular 
measure,  so  lauded  in  its  day ;  and  to  understand 
which,  the  outside  view  must  first  be  seen.  It 
;,ppcars  thus,  in  the  prepared  debates : 

"  Mr.  Clay  now  rose  to  propose  the  amend- 
™nt,  of  which  he  had  previously  given  notice. 
The  object  was,  that,  after  the  period  prescribed 
by  the  bill,  all  duties  should  thereafter  be  as- 
sessed on  a  valuation  made  at  the  port  in  which 
the  goods  are  first  ir  h1,  and  under  '  such 
n'gulations  as  may  be  p»  escribed  by  law.'  Mr. 
C  said  it  would  be  seen,  by  this  amendment, 
that,  in  place  of  having  a  foreign  valuation,  it 
\v:is  intended  to  have  a  home  one.  It  was  be- 
lieved by  the  friends  of  the  protective  system, 
tint  .such  a  regulation  was  necessary.  It  was 
Imlicved  by  many  of  the  friends  of  the  system, 
liiat,  after  the  period  of  nine  and  a  half  years, 
tiie  most  of  our  manufactures  will  bo  suflQciently 
,;io\vn  t)  be  able  to  support  themselves  under  a 
duty  of  twenty  per  cent.,  if  properly  laid ;  but 
that,  under  a  system  of  foreign  valuation,  such 
would  not  be  the  case.  They  say  that  it  would 
he  more  detrimental  to  their  interests  than  the 
1  nvcst  scale  of  duties  that  could  be  imposed ;  and 
you  propose  to  fix  a  standard  of  duties.  They 
,>!e  willing  to  take  yon  at  yotir  word,  provided 
you  regulate  this  in  a  way  to  do  them  justice. 

"  Mr.  Smith  opposed  the  amendment,  ou  the 
L'lO'.uid  that  it  would  be  an  increase  of  duties ; 
tiiat  it  had  been  tried  before ;  that  it  would  bo 
ii'iiiiv.'ticable,  unequal,  unjust,  and  productive 
of  contusion,  inasmuch  as  imported  goods  were 
c  mstantly  vary'ng  in  value,  and  were  well  known 
to  be,  at  all  times,  cheaper  in  New- York  than  in 
I  he  commercial  cities  south  of  it.  This  would 
have  the  etlect  of  drawing  all  the  ti-ade  of  the 

I  uited  States  to  New-York. 

"Mr.  Clay  said  he  did  not  think  it  expedient, 

II  deciding  this  question,  to  go  forward  five  or 
six  years,  and  make  that  an  obstacle  to  the  pas- 
fage  of  a  great  national  measure,  which  is  not 
to  go  into  operation  until  after  that  period.  The 
honorable  senator  from  Maryland  said  that  the 
measure  would  be  impracticable.     Well,  sir,  if 


ro,  it  will  not  he  adopted.  We  do  not  adopt 
it  iiiiw,  faid  Mr.  ('. ;  «e  only  iici.ijif  tlie  prin.i- 
I'U",  havin'.'  it  to  futiin-  leiri^lation  ta  luijii.'tt  tin' 
ditails.  Itesidrs,  it  would  \n>  the  n-sfomlioii  i.f 
an  ancient  princijile.  known  ciiH'c  the  foundn- 
tion  of  the  povcrninerit.  It  nits  Imt  at  the  lii-t 
session  that  the  diroriniiniUing  duty  on  good.-* 
coming  from  this  side,  ami  beyoinl  the  (.'a|H'  of 
<iood  Hope,  ten  ])er  cent,  on  one,  and  tweiiiy 
fwr  cent,  on  the  other,  was  repealed.  On  wlint 
principle  was  it,  said  he.  that  thisdiscrimlimtioii 
ever  prevailed  7  On  the  jirinciplo  of  the  home 
value.  Were  it  not  for  the  fraudulent  invoices 
which  every  gentleman  in  this  country  was  fa- 
miliar with,  he  would  not  urge  the  anienihnent ; 
but  it  was  to  detect  and  prevent  these  frauds 
that  he  looked  ujioii  the  insertion  of  the  claii>o 
as  essentially  necessarj*. 

"Mr.  Smith  replied  that  he  had  not  said  that 
the  measure  was  impracticable.  lie  only  in- 
tended to  say  tb:  t  it  would  be  inconvenient  and 
unjust.  Neither  did  he  say  that  it  would  bo 
adopted  by  future  Congress;  but  he  said,  if 
the  principle  was  adopted  now,  it  would  be  an 
entering  wedge  that  might  lead  to  the  adoption 
of  the  measure.  We  all  recollect,  said  Mr.  S., 
that  appropriations  were  made  for  surveys  for 
internal  improvements  ;  and  that  those  oj)erated 
as  entering  wedges,  and  led  to  appropriations 
for  roads  and  canals.  The  adoption  of  the  prin- 
ple  contended  for,  by  the  senator  from  Kentucky, 
would  not,  in  his  (Mr.  S.'s)  opinion,  prevent 
frauds  in  the  invoices.  That  very  principle  was 
ihe  foundation  of  all  the  frauds  on  tho  revenue 
of  France  and  Spain,  where  the  duties  were  as- 
sessed f  ^rding  to  the  value  of  the  goods  in  tho 
ports  \  0  entered.  He  again  said  that  the 
effect  of  the  amendment  would  bo  to  draw  the 
principal  commerce  of  the  country  to  tho  gi-cat 
city  of  New- York,  where  goods  were  cheaper. 

"Mr.  Forsyth  understood,  from  what  had 
fallen  from  the  senator  from  Kentucky,  that  this 
was  a  vital  question,  and  on  it  depended  the  suc- 
cess of  this  measure  of  conciliation  and  compro- 
mise, which  was  said  to  settle  the  distracted  con- 
dition of  the  country.  In  one  respect,  it  was 
said  to  be  a  vital  question  ;  and  the  next  was,  it 
was  useful ;  and  a  strange  contradiction  follow- 
ed: that  the  fate  of  this  measure  to  unite  the 
jarrings  of  brother  with  brother,  depended  on 
the  adoption  of  a  principle  which  might  or  niiglii; 
not  be  adopted.  He  considered  the  amendment 
wrong  in  principle,  because  it  would  be  both 
unequal  and  unjust  in  its  operation,  and  because 
it  would  raise  the  revenue  :  as  the  duties  would 
be  assessed,  not  only  on  the  value  of  the  goods 
art  tho  place  whence  imported,  but  on  their  value 
at  the  place  of  importation.  He  would,  however, 
vote  for  the  bill,  even  if  tho  amendment  were  in- 
corporated in  it,  provided  he  had  the  a.ssurances, 
from  the  proper  quarter,  that  it  would  effect  the 
conciliation  and  compromise  it  was  intended  for. 

"Mr.  Clay  had  brought  forward  this  measure, 
with  the  hope  that,  in  the  course  of  its  discus- 
sion, it  would  ultimately  assume  such  a  shapo 


324 


THIRTY  YKARS'  VIEW. 


a'*  to  nN-onrih'  all  partirn  to  its  adoption,  and 
tciiil  toi'inl  ttii*  n^'itution  of  thi.<<  iiiiHi'ttlod  i|IK-h- 
tiDii.  If  tliore  In-  any  iricnilKT  of  t\\'\>*  (J<ln^'n•HH 
(Mr.  C.  t<nid),  who  huvh  that  he  will  tako  tliin 
lull  iHiw  fur  as  niitcli  as  it  Ih  worth,  and  that  tii- 
will,  at  thu  nu.\'t  Coni^rcHH.  apiin  o|)on  thu  (jiii'.s- 
tioii,  (or  the  piirpo.sc  of  pcttinn  a  Ix'tttT  bill,  of 
J-rin^iiii-r  down  thu  tarilf  to  a  lower  stunilard, 
without  conniderin);  it  as  a  final  ineaHiircof  coin- 
prouiise  and  conciliation,  calculated  alNo  to  ^ivo 
s'.;;iiility  to  a  man  of  business,  the  bill,  in  lii.s 
cyci.  would  lose  all  its  value,  anil  he  should  be 
constniineil  to  v<ite  ajrainst  it. 

'•  It  was  for  the  sake  of  conciliation,  of  nine 
years  of  |»eaee,  to  (five  tranquility  to  a  disturbed 
and  a;;itated  country,  that  he  had,  even  nt  this 
late  period  of  the  session,  introduced  this  mea- 
sure, which,  his  ixjsjiect  for  the  other  branch  of 
the  lL>p;islature,  now  sitting;  in  that  building,  and 
who  had  a  measure,  looking  to  the  same  end,  bc- 
foiv  them,  had  prevented  him  from  bringing  for- 
ward nt  an  earlier  period  But,  when  he  had 
seen  the  session  wearing  away,  without  the 
prospect  of  any  action  in  that  other  body,  he 
il'lt  himself  comjjelled  to  come  forward,  though 
contrary  to  his  wishes,  and  the  advice  of  some 
of  his  best  friends,  with  whom  he  had  acted  in 
the  most  perilous  times. 

'•Mr.  Calhoun  said,  he  regretted,  exceedingly, 
that  the  senator  from  Kentucky  hud  felt  it  his 
duty  to  move  the  amendment.  According  to  his 
present  impressions,  the  objections  to  it  were 
insurmountable;  and,  unless  these  were  remov- 
e  I,  he  should  be  compelled  to  vote  against  the 
wiiole  bill,  should  the  amendment  bu  adopted. 
The  measure  proposed  was,  in  his  opinion,  un- 
c  )n9titutional.  The  constitution  expressly  pro- 
vided that  no  preference  should  be  given,  by  any 
regulation  of  commerce,  to  the  ports  of  one  State 
over  those  of  another ;  and  this  would  be  the 
ell'ect  of  adopting  the  amendment.  Thus,  great 
injustice  and  inequality  must  necessarily  result 
fiom  it ;  for  the  price  of  goods  being  cheaper  in 
the  Northern  than  in  the  Southern  cities,  a  home 
valuaticii  would  give  to  the  former  a  preference 
in  the  payment  of  duties.  Again,  the  price  of 
goods  being  higher  at  New  Orleans  and  Charles- 
ton than  at  New- York,  the  freight  and  insurance 
also  being  higher,  together  with  the  increased 
oxjKjnses  of  a  sickly  climate,  would  give  such 
advantages  in  the  amount  of  duties  to  the  Nor- 
thern city,  as  to  draw  to  it  much  of  the  trade  of 
the  Southern  ones.  In  his  view  of  the  subject,  this 
was  not  all.  lie  was  not  merchant  enough  to 
say  what  would  be  the  extent  of  duties  under 
this  system  of  home  valuation ;  but,  as  he  under- 
stood it,  they  must,  of  consequence,  be  progress- 
ive. For  instance,  an  article  is  brought  into 
New- York,  value  there  100  dollars.  Twenty 
per  cent,  on  that  would  raise  the  value  of  the 
article  to  one  hundred  .and  twenty  dollars,  on 
which  value  a  duty  of  twenty  per  cent,  would 
be  assessed  at  the  next  importation,  and  so  on. 
Ii  would,  therefore,  be  impossible  to  say  to  what 
oxteat  the  duties  would  run  up,  lie  regretted  the 


more  that  the  senator  from  Kentucky  had  filt  it 
his  duty  to  oiler  this  amendment, as  he  was  willing 
to  leave  the  matter  to  the  decision  of  a  futun(  ',,i,, 
gress,  though  he  did  not  see  how  they  could  L-i't 
over  the  insuitiTable  constitutional  objections  lie 
had  glanced  at.  Mr.  C.  apinaled  to  the  senntor 
from  Kentucky,  whether,  with  these  views,  h,. 
would  press  his  amendment,  when  he  had  v\iiU\, 
or  nine  years  in  advance  l)eforo  it  could  take  ef- 
fect. ]  lo  understood  the  argimient  of  the  senator 
from  Kentucky  to  bo  an  admission  that  tln' 
amendment  was  not  now  absolutely  necessary, 
With  respect  to  the  apprehension  of  frauds  oii 
the  revenue,  Mr.  C.  said  that  every  future  Con- 
gress would  have  the  strongest  (lisposition  to 
guard  against  them.  The  very  reduction  of  du- 
ties, he  said,  would  have  that  effect ;  it  wniild 
strike  at  the  root  of  the  evil.  Mr.  C.  said  ho 
agreed  with  the  senator  from  Kentucky,  that 
this  bill  will  be  the  final  ciTort  at  conciliation  and 
compromise ;  and  hf-  for  one,  was  not  disposiO. 
if  it  passed,  to  violate  it  'oy  future  leg'slation. 

"  Mr.  Clayton  said  that  ho  could  not  vote  for 
this  bill  without  this  amendment,  nor  would  he 
admit  any  idea  of  an  abandonment  of  the  protec- 
tive system ;  while  he  was  willing  to  pa.ss  this 
measure,  as  one  of  concession  from  the  stroni;cr 
to  the  weaker  party,  he  never  could  agree  that 
twenty  per  cent,  was  adequate  protection  to  oui- 
domestic  manufactures,  lie  had  been  anxiuus 
to  do  something  to  relievo  South  Carolina  from 
her  present  perilous  position;  though  he  had 
never  been  driven  by  the  taunts  of  Southern 
gentlemen  to  do  that,  which  he  now  did,  for  the 
sake  of  conciliation.  I  vote  for  this  bill,  suid 
Mr.  C,  only  on  the  ground  that  it  may  save 
South  Carolina  from  herself. 

"  Hero  Mr.  C.  yielded  the  floor  to  Mr.  Calhoun. 
who  said.  He  hoped  the  gentleman  would  not 
touch  that  question.  Ho  entreated  him  to  be- 
lieve that  South  Carolina  had  no  fears  for  hcr< 
self.  The  noble  and  disinterested  attitude  she 
had  assumed  was  intended  for  the  whole  nation, 
while  it  was  also  calculated  to  relievo  herself,  as 
well  as  them,  from  oppressive  legislation.  It 
was  not  for  them  to  consider  the  condition  of 
South  Carolina  only,  in  passing  on  a  measure  of 
this  importance. 

"  Mr.  Clayton  resumed.  Sir,  said  he,  I  must 
be  permitted  to  explain,  in  my  own  way,  tho 
reasons  which  will  govern  me  in  the  vote  I  am 
about  to  give.  As  1  said  before,  I  never  havo 
permitted  the  fears  of  losing  tho  protective  sys- 
tem, as  expressed  by  the  senator  from  Georgia, 
when  ho  taunted  us  with  the  majority  that  tliuy 
would  have  in  the  next  Congress,  when  they 
would  get  a  better  bill,  to  influence  my  opinion 
upon  this  occasion.  That  we  have  been  driven 
by  our  fears  into  this  act  of  concession,  I  will 
not  admit.  Sic,  I  t^H  gentlemen  that  they  may 
never  get  such  another  offer  as  the  present ;  for, 
though  they  may  think  otherwise,  1  do  not  be- 
lieve that  the  j)cople  of  this  country  will  ever  be 
brought  to  consent  to  the  a'Ewdonment  ofTlie 
protective  sysfctn.  ■-  -,~,__-__^_ 


ANNO  1933.     ANI)KEW  JACKS41N,  ruiMDKNT. 


-Poes  nny  man  believe  thnt  flOy  per  rent,  i."* 
in  adwiURtc  protection  on  woulli-ns  1  No,  sir ; 
i!ic  protection  in  l)roii(»ht  down  to  twenty  |ht 
(int.:  nnd  when  p-'ntlenien  roino  to  me  and  say 
that  tJiin  ).•*  a  eoiiipn>inise.  I  answer,  with  my 
frimdfrom  Maine,  tliat  I  will  ni)t  vote  for  it,  nn- 
|.s<  yon  will  pivo  mo  the  fair  twenty  |ht  cent. ; 
inil  this  cannot  be  done  without  odoptintt  the  ^ 
principle  of  a  homo  valuation.  I  <lo  not  vote  for 
tliH  bill  because  I  thmk  it  butti-r  than  the 
tariff  "f  18112,  n'  •  bccaiiHo  I  fear  nullification  or 
Si.wiwion ;  but  from  a  motive  of  concession,  yield- 
in:;  my  own  opinions.  But  if  Southern  pentle- 
iiicn  will  not  accept  this  measure  in  the  spirit 
i„r  which  it  was  tendcrofl,  1  have  no  reason  to 
vote  for  it.  I  votjnl,  said  Mr.  ('.,  aj^inst  the  bill 
of  '32.  for  the  very  reason  that  Southern  pentlc- 
mcn  tle^'ared  that  it  was  no  concession ;  and  I 
nmv  vou'  a)»ainst  this  for  the  same  reasons.  1 
thoiipht  it  bad  policy  to  pass  the  bill  of  'o2.  I 
thoiif^ht  it  a  bad  barp;ain,  and  I  think  so  now. 
1  have  no  fear  of  nullification  or  secession ;  I  am 
not  to  bo  intimidated  by  threats  of  Southern 
jTcntlemen,  that  they  will  get  a  better  bill  at  the 
next  session.  "Rebellion  made  young  Harry 
Percy's  spurs  grow  cold."  I  will  vote  for  this 
racisurc  as  one  of  conciliation  and  compromise ; 
but  if  the  clause  of  the  senator  from  Kentucky 
is  not  inserted,  I  shall  be  compelled  to  vote 
against  it.  The  protective  system  never  can  be 
abandoncil ;  and  I,  for  one,  will  not  now,  or  at 
miy  time,  admit  the  idea. 

'•  Mr.  Dallas  was  opposed  to  the  proposit  ion  from 
th:!  committee,  and  agreed  with  Mr.  Calhoun.  He 
would  state  briefly  h's  objection  to  the  proposition 
of  the  committee.  Although  he  was  from  a  State 
■tronfrly  disposed  to  maintain  the  protc  -tive  po- 
licy, ho  labored  under  an  impression,  that  if  any 
thing  could  be  done  to  conciliate  the  Southern 
States,  it  was  his  duty  to  go  for  a  measure  for 
that  purpose ;  but  he  should  not  go  beyond  it. 
lie  could  do  nothing  in  this  way,  as  representing 
his  particular  district  of  the  country,  but  only 
for  the  general  good.  He  could  not  agree  to  in- 
rorporate  in  the  bill  any  principle  which  he 
ihought  erroneous  or  improper.  He  would  sanc- 
tion nothing  in  the  bill  ns  an  abandonment  of 
the  principle  of  pi"otection.  Mr.  D.  then  made  a 
few  remarks  on  home  and  foreign  valuation,  to 
show  the  ground  of  his  objections  to  the  amend- 
ment of  Mr.  Clay,  though  it  did  not  prevent  his 
strong  desire  to  compt'omise  and  conciliation. 

"  Mr.  Clay  thought  it  was  premature  to  agi- 
tato now  the  details  of  a  legislation  which  migiit 
take  place  nine  years  hence.  The  senator  from 
South  Carolina  had  objected  to  the  amendment 
on  constitutional  grounds.  He  thought  he  c^^ld 
wtisf^y  him,  and  every  senator,  that  there  was 
DO  objection  from  the  constitution. 

"He  asked  if  it  was  probable -that  a  valuation 
In  Liverpool  could  escape  a  constitutional  objec- 
tion, if  a  home  valuation  were  unconstitutional  ? 
There  was  a  distinction  in  the  foreign  value,  and 
in  the  thing  valued.  An  invoice  might  be  made 
>f  articles  at  one  price  in  one  port  cf  England,  i 


and  in  another  y>ort  at  another  price.  The  priee, 
too,  must  vary  wiili  the  time.  Itiil  all  (hisemiM 
not  affict  the  rule.  There  w:is  a  di-<tiiieti<>u 
wliicli  gentlemen  <iiil  imt  nb-icne,  iK'twreii  tim 
value  and  the  rule  (»f  v.iliintioii ;  one  ot'  ,iu'<> 
miglit  vary,  while  the  other  eoiitiiiuid  ahviivs 
the  same.  The  rule  was  uniform  with  re'.;anl  to 
ilin-et  taxntittn  ;  yet  the  valtie  of  hoiiscs  mil 
lands  of  the  same  (piaiily  an'  very  different  lit 
different  places.  One  mode  of  home  valuation 
was,  to  give  the  government,  or  its  officers,  ilm 
right  to  make  the  valuation  after  the  one  which 
the  importer  had  given.  It  would  pri'veiit  frau'l, 
and  the  rule  would  not  violate  the  constitution. 
It  wa.s  an  error  that  it  was  unconstitutional ; 
the  constitution  said  nothing  about  it.  It  wm 
absurd  thr.t  all  values  must  be  established  in 
foreign  countries;  no  other  country  on  cartli 
shoidd  a-ssumo  the  right  of  jutlgin'z.  Objirtinns 
had  Ijeen  made  to  leaving  tlie  business  of  valua- 
tion in  the  hands  of  a  few  executive  ofllcers;  Imt 
the  objections  were  atleasto(iually  gri'at  to  leav- 
ing it  in  the  hands  of  Ibreigners.  He  thought  there 
was  nothing  in  the  constitutional  objection,  mid 
hoped  the  measure  would  not  be  embarrassed  by 
such  objections. 

'"Mr.  Calhoim  said  that  he  listened  with  great 
care  to  the  remarks  of  the  gentleman  fVom  Ken- 
lucky,  and  other  gentlemen,  who  had  advocated 
the  same  side,  in  hopes  of  having  his  ot)jection  to 
the  mode  of  valuation  proi>osed  in  the  amend- 
ment removed ;  but  he  must  say,  that  the  difli- 
culties  he  first  expres.sed  still  remained,  leas- 
ing over  what  seemed  to  him  to  be  a  coiislitii- 
tional  objection,  he  would  direct  his  obsenatiou 
to  what  apjieared  to  him  to  be  its  unequal  opera- 
tion. If  by  the  home  valuation  be  meant  tho 
foreign  price,  with  the  addition  of  freight,  insm- 
ance,  and  other  expenses  at  the  port  of  destina- 
tion, it  is  ii  anifest  that  as  these  arc  unequal  be- 
tween the  several  jwrts  in  the  Union — for  in- 
stance, between  the  ports  New-York  and  New 
Orleans — the  duty  must  also  be  unerpial  in  the 
same  degree,  if  laid  on  value  thus  estimated. 
But  if,  by  the  home  valuation  be  meant  the  priitcs 
ciUTunt  at  the  place  of  importation,  then,  in  ad- 
dition to  the  inequality  already  stated,  there 
woidd  have  to  be  added  the  additional  ineqtiality 
resulting  from  the  different  rates  of  profits,  and 
other  circumstances,  which  must  necessarily 
render  prices  very  unequal  in  the  several  port  s 
of  this  widely-extended  coimtry.  There  would, 
in  the  same  view,  be  another  and  a  stronger  ob- 
jection, which  ho  alluded  to  in  his  former  re- 
marks, which  remained  unanswered — that  tho 
duties  themselves  constitute  part  of  the  elements 
of  the  current  prices  of  the  imported  articles ; 
and  that,  to  impose  a  duty  on  a  valuation  ascer- 
tained by  the  current  prices,  would  be  to  impos^e, 
in  reality,  a  duty  upon  a  duty,  and  must  neces- 
sarily produce  that  increased  progression  in 
duties,  which  he  had  already  attempted  to  illus- 
trate. 

"  He  knew  it  had  bten  stated,  in  reply,  thnt 
a  system  which  would  produce  such  absur<l  ro- 


'A 


32G 


THIRTY  YK.AIls'  VIEW. 


1 

k 

iv 

m 

i 

'-* 

1 

milin  roiilil  not  iMTontcmplnto'l;  t^iat  ronjfn-M, 
iiihliT  ttn'  jHiwer  iif  ri".nilntin:r.  iv^crrnl  in  the 
«ni«'iii|in<'nt,  would  mlopt  «otiu'  in'xk'  thnt  woiiM  [ 
">ivint«'  tlu'Mc  olijcclionK  ;  atnl,  if  notiu  BiichrouM 
\n-  <loviHeil,tliiit  tlw'provixioniofthi'  nmi'ndnu-nt 
would  he  simply  ur»<lfS!*.  llin  dilllciiltv  was  not 
n moved  hy  tlio  atiKwcr  to  tlii'  ohjfrtion.  Ho 
wiw^  at  a  l<isH  to  iindiTsfand  what  iuimIc  conld  he 
di'viHt'd  IVfe  from  oliiiptioii ;  and,  as  lie  wished 
to  Ih'  candid  ami  xpliiMt,  ho  felt  the  diflieulty, 
n-t  an  honest  miiu.  tii!i-<si'nt  toajrenerahn  .isure, 
whicli.  in  all  the  modilications  under  which  ho 
Imd  viewe<l  it,  was  ohjectionahle.  Jle  apain  le- 
]K'i\tcd.  that  he  re;:retted  the  amendment  had 
lu'en  otl'ercd,  hh  lie  felt  a  Holicitude  that  the  {ire- 
Hcnt  controversy  .siioiild  1)0  h<morahly  and  fairly 
terminated.  It  was  not  hin  wish  that  there 
Hhould  bo  a  fcelini;  of  vielory  on  either  Hide. 
Hut,  in  thuH  ex|>i'i'S7.iii!!;  his  solicitude  for  an  ad- 
justment, lio  was  not  i:overn(!d  hy  motives  do- 
rived  from  the  attitude  which  South  Carolina 
occupied,  and  whidi  the  senator  from  Delaware 
stated  to  inlluenco  him.  He  wished  that  senator, 
fts  well  as  all  others,  to  undorst:ind  that  that  gal- 
liiiit  and  patriotic  State  was  far  from  considoritifr 
luT  situation  as  one  rocpiiriiif;  sympathy,  and 
was  equally  far  from  dosirinp  that  any  adjust- 
ment of  this  question  should  take  place  witli  the 
vii'w  of  relieving  her,  or  with  any  other  uiotivo 
than  a  rofrard  to  the  general  intrrosts  of  the 
country.  So  far  from  re(]uirinp;  commiseration, 
she  regardoc'  her  position  with  very  opposite 
li^ht,  as  one  of  high  responsibility,  and  exposing 
hor  to  no  inconsiderable  danger  ;  but  a  position 
voluntarily  and  tirmly  assumed,  with  u  full  view 
of  consequences,  and  which  she  was  determined 
to  maintain  till  the  oppression  under  which  she 
and  the  other  Southern  States  were  suffering 
v.'as  removed. 

*•  In  wishing,  then,  to  see  a  termination  to 
the  present  state  of  things,  he  turned  not  his  eyes 
to  South  Carolina,  but  to  the  general  interests 
of  the  country.  Ho  ilid  not  believe  it  was  pos- 
sible to  maintain  our  institutions  and  our  liber- 
ty, under  the  continuance  of  the  controversy 
wliich  had  for  so  long  a  time  distnictod  ns,  and 
brought  into  conlUct  the  two  great  sections  of 
the  country.  He  wan  in  the  last  stage  of  mad- 
ness who  did  not  see,  if  not  terminated,  that  this 
admirable  system  of  ours,  reared  by  the  wisdom 
and  virtue  of  our  ancestors — virtue,  lie  feared, 
which  had  fled  forever — would  fall  under  its 
shocks.  It  wa.s  to  arrest  this  catastrophe,  if  pos- 
sible, by  restoring  peace  and  harmonj'  to  the 
Union,  that  governed  him  in  desiring  to  see  an 
adjustment  of  the  question. 

"Mr.  Clayton  said,  this  point  h.id  been  dis- 
cussed in  the  committee;  and  it  was  because 
this  amendment  was  not  adopted  that  he  had 
A^ithheld  his  assent  from  the  bill.  They  had 
new  but  seven  business  days  of  this  session  re- 
maining ;  and  it  would  require  the  greatest  unani- 
mity, both  in  that  body  and  in  the  other  House, 
to  pass  any  bill  on  this  subject.  Were  gentle- 
men coming  from  the  opposite  extremes  of  the 


IJnion,  and  rrpn-ccnting  nppnniir  interett*.  < 
ajrre*'  to  rombini'  foirether,  there  woidcl  h:\uy- 
Jw  time  to  piin-*  this  hill  into  a  !;\w,  yet  if  |„ 
saw  that  it  could  Ik- done,  he  would  iriuiHv  ^.n, ,,;, 
with  the  connidi  ration  of  the  hill.  ;iiii|  with  f'l.- 
detennination  to  do  nil  that  could  IxMlone.  'Ij,,. 
honorable  memIxT  fiv>m  .South  Carolina  |i:i<| 
found  inHnjH'r.ible  obstnclcs  where  he(.\Ir.  ('.) 
had  fonml  none.  On  tlu-ir  part,  if  they  n^Tcil 
to  this  bill,  it  would  only  be  for  thcsakeof  c.,i|. 
ciliation ;  if  South  C.irolina  would  not  aco-pi  ttic 
measure  in  that  light,  then  their  motive  for  m. 
rangement  was  at  an  end.  l[e  (Mr.  C.)  opiin. 
bonded,  however,  that  pood  might  result  (Voir, 
bringing  the  proposition  forward  at  that  tiim-. 
It  woidd  bo  placed  before  the  view  of  the  peniili' 
who  would  have  time  to  reflect  and  make  in 
their  minds  upon  it  against  the  meeting  of  tlif 
ne.\t  Congress.  He  did  not  hold  any  man  m 
pledgeil  by  their  notion  at  this  time.  If  tlie  iir- 
r.-vngcment  was  found  to  be  a  proper  oni',  tin 
next  Congress  might  adopt  it.  Hut,  for  tlio 
reasons  he  had  nlreaily  stated,  he  had  little  hopi' 
that  any  bill  would  bo  pa-sscd  at  this  .se.ssion ; 
and,  to  go  on  debating  it,  day  after  diiy,  wodM 
only  have  the  effect  of  defeating  the  many  pri- 
vate bills  and  other  busineos  which  were  w'aitin,' 
the  action  of  Congress.  Ho  would  tLcrrfdio 
propose  to  lay  the  bill  for  the  present  on  llic 
table ;  if  it  were  foimd,  at  a  future  period,  before 
the  expiration  of  the  .session,  that  there  wa.s  n 
prospect  of  overcoming  the  difficulties  which  now 
jjresented  themselves,  and  of  acting  upon  it,  tliu 
bill  might  bo  again  taken  up.  If  no  other  jron- 
tleman  wished  to  make  any  ob.servations  on  tlio 
amendment,  he  would  move  to  luy  the  bill  on  the 
tablo. 

"  Mr.  Bibb  requested  the  senator  from  Dela- 
ware to  withdraw  his  motion,  whilst  he  (Mr.  li.) 
ollbred  an  amendment  to  the  amendment,  having 
for  its  object  to  pet  rid  of  that  intermiiiiible 
series  of  duties  of  which  gontlemcn  had  spoken. 

•'  Mr.  Clayton  withdrew  his  motion. 

"  Mr.  Bibb  proceeded  to  say,  that  his  design 
was  to  obviate  the  objection  of  the  groat  increase 
that  would  arise  from  a  system  of  home  valim- 
tion.  He  hoped  that  something  satisfactory 
would  bo  done  this  session  yet.  lie  should  veto 
for  every  respectable  proposition  calculated  to 
settle  the  difficulty.  lie  hoped  there  would  be 
corresponding  concessions  on  both  sides ;  ho 
wished  much  for  the  harmony  of  the  country. 
It  was  well  known  that  ho  (Mr.  B.)  wPsopposiJU 
to  any  tariff  system  other  than  one  for  revenue, 
and  such  incidental  protection  as  that  micjlit 
afford.  His  hope  was  to  strike  out  a  middle 
course ;  otherwise,  he  would  concur  in  thy  mo- 
tion that  had  been  made  by  the  senator  from 
Delaware  [Mr.  Clayton].  Mr.  B.  then  subnittdl 
his  amendment,  to  insert  the  words  'before pay- 
ment of,'  &c. 

"  Mr.  Clay  was  opposed  to  the  amendncnt, 
and  ho  hoped  his  worthy  coileof  ue  would  Hth- 
draw  it.  If  one  amendment  v  '(I'o  offer"!  wid 
debated,  another,  and  another  wruM  follow  ;  ^"i 


ANNO  1833.     ANMIF.W  JACKSOX.  rUF>*II>i:NT. 


•^'2^ 


ihiw,  tlie  remaining  time  would  hv  \va.-t ''1.  To 
I'll  »iiy  i)n'ci-i'  H\  Hill  woiiitl  lit-  fxlnini'ly  ilitli- 
nilt  «t  I'lftoiit.  He  onl)-  wi>lii'«l  tlu-  |iiiiui|ilo 
to  !«■  ii<l<i|itci|, 

••  Mr.  llil)l)Ocoi'<Ii<l  til  tlic  wi.«h  of  tlic  di-imtor 
frtiiM  Ki'iitiicliy,  uiid  witlulrL'W  lii.s  umi'iiilnKiit 

jccNplinv'ly. 

-.Ml.  TyliT  VM  opposed  to  the  princi|ilc  of 
this  lioine  vuiiiation.  I'lii'  duties  would  be  tuivi'ii 
;iito  coii^idiTatiuii  in  niul<in^  tlic  valuation.s ;  and 
tlius,  uIUt  j.'oin);  down  liill  for  nine  and  a  hulf 
vc';ir-i,  wo  would  as  suddenly  rho  up  apain  to 
j  r<)iiil)ition.  JK"  complained  tluit  there  were  not 
imri'liants  enou(^h  on  this  lloor  from  the  .South ; 
gild,  ill  this  reHpict,  the  Northern  States  had  the 
alvuiitHde.  Hut  satisfy  me,  said  Mr.  T..  thiit 
i!ie  views  of  tlio  Beimtor  fr<>n»  South  Carolina 
(Mr.  Calhoun]  are  nut  convct,  and  1  shall  vuio 
iot  the  proposition. 

"  Mr.  Moore  said  he  would  move  an  nmend- 
cieiit  which  he  ho|)eil  would  meet  the  views 
(T  the  gentlemen  ou  tho  other  side ;  it  was  to 
thjj  iflect : 

••  I'liiviled,  That  no  valuation  he  adopted  that 
ffiil  ojierate  unequally  in  dillcreut  ports  of  the 
United  States. 

".Mr.  Calhoun  a!*-)  wished  that  tho  amend- 
ment would  prevail,  thouph  ho  felt  it  woidd  lio 
iiietreclual  to  covmteract  the  ineijuality  of  tho 
pvstem.  But  ho  would  rai.so  no  cnvilling  ob- 
jections ;  he  wished  to  act  in  perfect  pood 
faith;  and  ho  only  wished  to  sco  what  could 
be  (lone. 

".Mr.  Mooro  said  ho  had  but  two  motives  in 
offerinp  tho  anu-ndment  to  tho  amendment  of 
the  .senator.  Tho  first  was,  to  get  rid  of  the 
constitutional  objections  to  tho  amendment  of 
the  senator  from  Kentucky ;  and  tho  second 
was,  to  do  justice  to  those  he  had  tho  honor  to 
represent.  Tho  honorable  gentleman  said  that 
Mobile  and  New  Orleans  would  not  pay  higher 
(hitics,  beeauso  the  goods  imported  there  would 
I  of  more  value ;  and  this  was  tho  very  reason, 
Mr.  ^I.  contended,  why  the  duties  would  be 
iii;;lier.  Did  not  every  one  see  that  if  the  same 
article  was  valued  in  New- York  at  one  hundred 
dollars,  and  in  Mobile  at  one  hundred  and  thirty- 
five  dollars,  the  duty  of  twenty  per  cent,  would 
he  hi, 'her  at  the  latter  place.''  IIo  had  nothing 
but  tlie  spirit  of  compromise  in  view,  and  hoped 
jreutlemen  would  meet  him  in  the  same  spirit, 
lie  would  now  propose,  with  the  permission  of 
tiic  senator  from  Maine,  to  vary  his  motion,  and 
(ifTer  a  substitute  in  exact  conformity  with  the 
language  of  the  constitution.  This  proposition 
being  admitted  by  general  consent,  Mr.  Mooro 
modified  his  amendment  accordingly.  ^It  was 
an  affirmation  of  the  constitution,  that  all  duties 
ihould  be  uniform,  &c). 

'  Mr.  Forsyth  supported  the  amendment  of  the 
senator  from  Alabama,  and  hoped  it  would  meet 
the  approbation  of  the  Senate.  It  would  get  rid 
of  all  difficulty  about  words.  No  one,  he  pre- 
sumed, wished  to  violate  the  constitution  ;  and 
if  the  measure  of  the  sejiatorfrom  Kentucky  was 


conBi.stent  with  the conntituti'iii,  it  \v,.ul.l  puvailj 
if  not.  it  Mould  not  Ih'  adoptid. 

"  .NIr.  Il<ilnie.>  nlo^ed  an  udjourtiiiunt. 

"  .Mr.  .MiMire  a.tkctl  fur  the  yeas  and  im_\s  on 
the  motion  to  adjourn,  and  tney  were  ucconl- 
iii^ly  orden'd,  when  the  (piestioii  wa.-t  taken  and 
detitjed  in  the  atlirnmti\e — Yeas  -2,  nays  111,  ai 
follows  : 

"Yi:as.— Mes^^s.  Ilcll,  Cl.nyton,  Dallas,  DiiU- 
erson,  Kwing,  Foot,  Freliiiphuysen,  itnlnie.'*, 
Johnston,  Kane.  Knipht,  Naudain,  I'niitisK, 
Ivoiiltinfi,  Uobin!<on,  Silsbee,  .'^iiiith.  Tipton, Tom- 
lin.^on,  Wappamaii,  Webster.  Wilkins. — '2.2. 

"  Nays.— .Me.-Hr.«<.  Bibb,  lUaek,  Hiukiur,  Cal- 
houn. Clay,  Dudley,  (irtindy,  Ilendrick.s,  Hill, 
King,  Miller,  Moore,  I'oiiidixter,  Sprague,  Uives, 
Troiij),  Tyler,  White,  Wripht.— I'.*. 

'■'Ihe  Senate  then,  at  hiilf-pa.»t  four  o'clock, 
adjourned. 

"/VjV/oy,  h\hnt(tnj  22. 

"  Jfr.  Smith  (of  Md.)  said,  the  motion  to  amend 
by  tho  word  '  uniform  '  was  unnerossary.  That 
was  provided  for  by  the  constitution.  'All 
duties  must  be  uniform.'  An  addition  to  tliu 
cost  of  goods  of  forty,  lifty,  or  si.xty  per  cent. 
would  bo  uniform,  but  would  not  prevent  fraud, 
nor  the  certainty  of  great  inequality  in  the  valu- 
ation in  the  several  ports.  The  value  of  poods 
at  New  Orleans  particularly,  and  at  almost  every 
other  port,  will  be  higher  than  at  New- York. 
I  have  not  said  that  such  mode  was  unconstitu- 
tional, nor  have  1  said  that  it  was  impracticable ; 
few  things  are  .so.  But  I  have  said,  and  do  now 
say,  that  tho  mode  is  open  to  fraud,  and  nioio 
so  than  tho  present.  At  present  tho  merchant 
enters  his  good.s,  and  swears  to  the  truth  of  his 
invoice.  One  package  in  every  live  or  ten  is  sent 
to  tho  public  warehouse,  and  there  carefully 
examined  by  two  appraisers  on  oath.  If  they 
find  fraud,  or  suspect  fraud,  then  all  the  poods 
belonging  to  such  merchants  are  sent  to  the  aj)- 
prai.sers  ;  and  if  frauds  be  discovered,  the  gooils 
are  forfeited.  No  American  merchant  has  evt  r 
been  convicted  of  such  fraud.  Foreigners  ha  o 
even  been  severely  punished  by  loss  of  their 
property.  Tho  laws  are  good  and  sufficiently 
safe  as  they  now  stand  on  our  statutes.  I  wish 
no  stronger ;  we  know  the  one,  we  are  ignorant 
how  tho  other  will  work.  Such  a  mode  of 
valuation  is  unknown  to  any  nation  except 
Spain,  where  the  valuation  is  arbitrary  ;  and  the 
goods  are  valued  agreeably  to  the  amount  of  tho 
bribe  given.  This  is  perfectly  understood  and 
practised.  It  is  in  the  nature  of  such  mode  of 
valuation  to  be  arbitrary.  No  rule  can  bo  es- 
tablished that  will  make  such  mode  uniform 
throughout  the  Union,  and  some  of  the  small 
ports  will  value  low  to  bring  business  to  their 
towns.  A  scene  of  connivance  and  injustice  will 
take  place  that  no  law  can  prevent. 

"  The  merchant  will  be  put  to  great  inoon- 
venience  by  the  mode  proposed.  All  his  goods 
must  be  sent  to  the  public  warehouses,  and  there 
opened  piece  by  piece ;  by  which  process  they 


328 


TIIIKTY  YEARS'  VIEW. 


■  ',i^itH'4i 


k. 


will  RiiHtain  PKxvntinl  injury.  Th«  (mt^U  will 
\<f  ilctaini'il  frotn  tlio  owiuts  fur  a  week  or  n 
inoiitli,  or  st'\\\  iiiMi't',  iinli'SM  yon  Imvc  one  or  twt) 
liumiri'ii  niiprHisiTN  in  Ntw-Vork,  nn<l  |iri>|)or- 
tioiiiitcly  in  oiIht  iiort-* ;  tliu-*  iinnaKiiii.' imtron- 
n;:c' ;  iui<i  with  mien  a  host,  cnii  Wf  cxikcI  cillitT 
miilorniiiv  or  tvpiality  in  tin'  vnlimtion  /  All 
will  hnl  l»c  honest,  nnd  llie  SpnnJMli  mode  will 
lie  uilo|i|eil.  One  Ki't  of  a|i|iniis(Ts,  wlio  vuliio 
low.  will  lmv(!  n  |iriority.  In  lint,  if  tins  mode 
hhonid  ever  lie  udopteil,  it  will  eatine  ^n-ut  dix- 
content,  nnd  nni>t  Hoon  lie  changed.  Am  uII 
iindernliiiid  the  ('aii>e  to  lie  to  (latter  tiie  nianii- 
factnniH  with  n  plan  wliieli  they  think  will  U' 
(K-nellcuil  to  them,  Imt  which,  wc  all  know,  can 
never  he  realized,  it  irt  deception  on  its  face,  as 
is  almost  the  whole  of  tlio  bill  now  under  our 
consideration. 


"  Keinemlier,  Mr.  I'rosident,  that  the  senators 
from  Kentifky  and  Sonth  Carolina  [.Mr.  Clay 
and  iMr.  CalhounJ,  have  declared  this  hill  (if  it 
gliould  liceome  a  law)-  •"  ''i'  iwrinanent,  and 
that  no  honorable  man  who  shall  vote  for  it  can 
ever  attenijit  n  chanfire ;  yet,  sir,  the  pressure 
against  it  will  be  such  at  the  next  session  that 
Coufrress  will  Ik;  compelled  to  revise  it ;  nnd  as 
the  storm  may  then  linvo  passed  over  C'onfjicss, 
II  new  Congress,  with  better  feelinns,  will  be 
nble  to  net  with  more  deliberation,  and  may 
l)ass  ft  law  that  will  lie  generally  approved. 
Nearly  nil  agree  that  this  bill  iu  u  bad  bill.  A 
similar  opinion  prevailed  on  the  passage  of  the 
tariff  of  1)S28,  and  yet  it  pns.sed,  nnd  caused  all 
(iiir  present  danger  nnd  diflicultie.s.  All  admit 
that  the  a(!t  of  1828,  as  it  stands  on  our  statutes, 
is  constitutional.  J{ut  the  senator  [Mr.  Cal- 
hounJ has  said  that  it  is  unconstitutional,  be- 
cause of  the  motive  under  which  it  passed ;  and 
he  said  that  that  motive  was  protection  to  the 
manufiicturers.  How,  sir,  I  ask,  are  we  to  know 
the  motives  of  men  .'  I  thought  then,  and  think 
now,  that  the  ajiproaching  election  for  I'resident 
tended  greatly  to  the  enactments  of  the  acts  of 
1824  and  1828;  many  of  my  friends  thought  so 
at  the  time.  I  have  somewhere  read  of  the 
minister  of  a  king  or  emperor  in  Asia,  who  was 
anxious  to  be  considered  o  man  of  truth,  and  al- 
ways boasted  of  his  voracity.  He  hypocritical- 
ly prayed  to  God  that  he  might  always  speak 
the  truth.  A  genii  appeared  nnd  told  him  that 
his  prayer  had  been  heard,  touched  him  with 
his  spear,  and  said,  hereafter  you  will  speak 
truth  on  all  occasions.  The  next  day  he  waited 
cm  his  majesty  and  said,  Sire,  I  intended  to 
have  assassinated  you  yesterday,  but  was  pre- 
vented by  the  nod  of  the  officer  behind  you, 
who  is  to  kill  you  to-morrow.  The  result  I 
will  not  mention.  Now,  Mr.  President,  if  the 
same  genii  was  to  touch  with  his  .spear  each  of 
the  senators  who  voted  for  the  act  of  1828.  and 
an  interrogator  was  appointed,  he  would  ask, 
what  induced  you  to  give  that  vote  ?  Why,  sir, 
I  acted  on  sound  principles.  I  believe  it  is  the 
duty  of  every  good  government  to  promote  the 
manufactures  of  tho.  nation :  all  hiBtorians  cnlo- 


(riic  the  kingM  who  have  don<>  no,  mu\  <>•  nv\n> 
tlioKe  kingH  who  hii\e  ntglectiil  thini.     I  iii.r 
you  III  the  hiHlorv  of  Allied.     It  i*  known  i|,..|t 
the  staple  of  KiiKland  win  wnol,  which  Ma^  ►,  „( 
to  KlanderH  to  be  eMlianged  (iir  elotlin.     11,^ 
I'ivil  wars,  by  the  iiiviisions  of  thiit  nation,  ki  i  • 
tlani  lung  diiniideiit  on  the  Fliminp*  for  tin. 
cloths  they  wort'.     At  length  a  giKid  kiin«  l;(,^. 
eriied  ;   and  he  invited   KliiiiiBli  mamiliutiirtrs 
to    Kiiglanil,   nnd   gave    them   great   iinvilejii o. 
They  taught  the  youth  of  Kngland,  the  iiiumh' 
faetun?  siictveded,  nnd  now  Knglnnd  Mip'iljcs  all 
the  world  with  wixilleii  cloth.     The  iiileiTi.;.'a- 
tor  asked  another  the  same  (|iieHtion.     Mix  ini. 
i  swer  might  have  liten,  that  he  thought  the  |ia-s. 
I  ing  of  the  law  would  secure  the  voles  of  ij,,, 
manufacturers  in  favdr  of  his  friend  who  want- 
1  ed  to  lie  the  President.     Another  answer  nii^lit 
have  li«'en,  a  large  duty  was  ini|K)sed  on  an  ar- 
ticle which  my  constituents  raised  ;  and  1  voIim] 
for  it,  altlKiugh  I  disliked  all  the  residue  of  the 
bill.     !<ir,  the  motives,  no  doubt,  were  ililH i\iir 
that  induced  the  voting  for  that  bill,  aiid  were, 
I  as  we  all  know,  not  confined  to  the  iirotiotive 
I  system.    Many  voted  on  political  grouiuls,  as 
many  will  on  this  bill,  and  as  they  did  on  tin. 
I  enforcing  bill.    AVo  cannot  declare  n  bill  iiiiton- 
I  stitutiounl,  becnuse  of  the  motives  tlint  niny  gov- 
'  ern  the  voters.     It  is  idle  to  assign  such  ii  raii-e 
I  for  the  part  that  is  now  acting  in  South  Can.li- 
!  na.    I  know,  Mr.  President,  that  no  argument 
will  have  any  effect  on  the  passage  of  this  hill. 
The  high  contracting  parties  have  agreed.    Liit 
1  owed  it  to  myself  to  make  these  remarks. 

"Mr.  Webster  said,  that  he  held  the  homo 
valuntion  to  be,  to  any  extent,  impracticnhlo ; 
and  that  it  was  unprecedented,  and  unknown  in 
any  legislation.  Both  the  home  and  foreijrn 
valuation  ought  to  be  excluded  as  fur  as  possi- 
ble, and  specitic  duties  should  bo  resorted  to. 
This  keeping  out  of  view  specific  duties,  and 
turning  us  back  to  the  principle  of  a  vnluation 
was,  in  his  Tiew,  the  great  vice  of  this  bill.  In 
England  live  out  of  six,  or  nine  out  of  ten  arti- 
cles, pay  specific  duties,  nnd  the  valuation  is  on 
the  remnant.  Among  th?  articles  which  p»iy 
a<l  valorem  duties  in  England  are  silk  goods, 
which  are  imported  either  from  India,  whence 
they  are  brought  to  one  port  only ;  or  from  Eu- 
rope, in  which  ca.se  there  is  a  specific  and  an  ud 
valorem  duty ;  and  the  officer  has  the  option  to 
take  either  the  one  or  the  other.  He  suggested 
that  the  Senate,  before  they  adopted  tlie  ud  m- 
lorein  principle,  should  look  to  the  effects  on 
the  importation  of  the  country. 

, "  He  took  a  view  of  the  iron  trade,  to  show 

that  evil  would  result  to  that  branch  from  a 

substitution  of  the  ad  valorem  for  the  specific 

system  of  duties.    He  admitted  himself  to  be 

unable  to  comprehend  the  elements  of  a  homo 

valuation,  and  mentioned  cases  where  it  would 

j  be  impossible  to  find  an  accurate  standard  of 

valuation  of  this  character.    The  plan  w  as  im- 

'  practicable  and  illusory. 

1     "  Mr.  Clayton  said,  I  would  go  for  this  bill 


ANSO  IMS.    ASr»REW  JACK'^OV,  mFMDrNT. 


3ja 


0  for  this  bill 


»nlv  f'T  »hi'  nako  of  nincoMion.  TJn«  wnntor 
(r  ,m  South  Ciiroliiift  itwi  l\\  «rlnllirr  it  is  iiki-- 
li' t'> )«'  ri'«'<'i>i'i|  nN  Miirli  iiiiil  to  atdiin  tlifl  oli- 
i-ct  |irop<>MH|  ;  if  ncij  I  l.iivf  n  |(iiiiii  ciiin'o  t<> 
hiir-o*' ;  I  mil  (i|ip'»M'<|  in  the  liill.  (rili-NH  I  ciiii 
i,liiaiii  I't  iIu)  HhimiliirliiriT*  tin-  ivxHuruiicf  tluit 
tin'  iini'.ripU'  nf  tlif  liill  w  ill  not  U-  ili«turlMM|, 
ind  tliii*  it  will  Im>  r«'<fivc«l  in  the  li(:lil  of  acoii- 
o;<,4i<iii,  I  f*lmll  <i|i|MiM-  it. 

"Mr.  Mi'iitoii  (ii>jf<'ttMl  to  the  home  Tiiiiintion, 
n%  teii<iiti>r  t'>  n  violutinn  of  the  (MiiMtitiition  of 
llv  riiited  Stntt'f*.  ami  citf<i  tlio  follovviii^' 
ilaimo:  * ( 'oh^'ii'mh  i-hill  liavo  |iowi'r  to  lay  ami 
nilltrt  taxes.  (Iiities,  iin|M)Hti>i,  ami  cxciitoH  ;  but 
;ill  (liitifs,  itiipoHt-4,  ami  cxrlNcs  Nhall  l>e  iinifonn 
thmu^'hoiit  the  l.'nitod  Stattw.'  All  nnit'orniity 
(if  flutii'S  atnl  iinpoHtK,  ho  rontcmled,  would  Ix.' 
dostroyed  hy  this  ainendinent.  No  hiiinan  jud(c- 
iiiiiit  could  fix  tliu  ^allluof  the  Haino  (^ooiIh  at 
I'u'  wiiiip  rate,  in  all  the  various  itortM  of  the 
liiiti'tl  Stnt'.'s.  If  the  Fame  individual  valm  " 
(lie  (foods  in  every  jtort,  and  evory  carpo  i.i 
ivcry  I)ort,  he  would  commit  innumerahle  er- 
pirri  and  inistakcB  in  the  valuation  ;  and,  accord- 
in:;  to  the  diversity  of  these  errors  and  mis- 
tiikcs,  would  Ik?  the  diversity  in  the  amount  of 
iliitii-s  and  iin{)0st.9  laid  and  collected  in  the  dif- 
I'lTt'iit  ports. 

"Mr,  B.  objected  to  the  home  valuation,  be- 
rmiie  it  would  bo  injurious  and  almost  fatal  to 
the  soiithern  ports.  He  conllned  his  remarks 
10  New  Orleans.  Tho  standard  of  valuation 
ttoiild  be  tiftcen  or  twenty  per  cent.  hij;her  in 
New  Orleans  than  in  New-York,  and  other 
nurtliern  jiorts.  All  importers  will  go  to  the 
nnrtheastern  citicfl,  to  evade  hi(?h  duties  at  New 
Oilcans ;  and  that  great  emporium  of  the  West 
will  be  doomed  to  sink  into  a  mero  ex[>orting 
city,  while  all  the  money  which  it  pays  for  ex- 
])ort.s  must  bo  carried  off  and  expended  elsewhere 
f)r  imitorts.  Without  an  import  trade,  no  oity 
can  flourish,  or  even  furnish  a  good  market  for 
cxportn.  It  will  bo  drained  of  its  effective  cash, 
and  deprived  of  ita  legitimate  gains,  and  inu.st 
laiijrnish  far  in  tho  rear  of  what  it  would  be,  if 
iiiriched  with  the  profits  of  an  import  trade. 
As  an  exporter,  it  will  buy ;  as  an  imp'^-ler,  it 
will  Bell.  All  buying,  and  no  selling,  inn.M  'm- 
poverish  cities  as  well  as  individuals.  JN-.v  Or- 
leans is  now  a  great  exporting  city ;  she  exports 
more  domestic  productions  than  any  city  in  tho 
I'nionj  her  imports  have  been  in'-'-oasing,  for 
some  years  ;  and,  with  fair  play,  would  soon  be- 
come next  to  New- York,  and  furiish  the  whole 
valley  of  the  Mississippi  with  its  immense  sup- 
lilies  of  foreign  goods ;  but,  under  the  influence 
uf  a  homo  valuation,  it  must  lose  a  greater  part 
of  the  import  trade  which  it  now  possesses.  In 
tliat  loss,  its  wealth  must  decline ;  its  capacity 
tu  purchase  produce  for  (exportation  must  de< 
:line ;  and  as  tho  western  produce  must  go  there, 
at  all  events,  every  western  farmer  will  suffer  a 
Jccline  in  the  value  of  his  own  productions,  in 
proportion  to  the  decline  of  the  ability  of  New 
Orleans  to  purchase  it.    It  was  as  a  western 


riliiirn  that  he  plended  Ow  <nii-..  ..f  New  <>rlenn«, 
and  ii('jfo(i-d  to  this  iiieii«iiri'  nrhoiix'  vnliiiiti'>ii. 
wllieli  Uif*  to  have  the  lllimt  liilliit'ul  ellei  t  U|hi|| 

her  pr"-*|KTity. 

•'.Mr.  H.  further olijwted  tollie  Iuiiim'  vulenliini 
on  iieetiunt  of  ihe  (Treat  iiililiiiMiml  exiN'tiM*  I' 
Would  create;  the  aiiiount  of  piitr>>iiii):e  it  wmilil 
einifer;  the  rivalry  it  would  \nvxt  l«-i\vceii  im- 
porting  cities  ;  and  the  injury  it  wihiIiI  iK'iiKitiii 
t.>  merchants.  IVmn  tho  detenlioti  and  lnttidliiiK 
nf  their  giMMis  ;  and  concluded  with  vaviir.',  lliut 
the  lioinu  valuation  was  the  nini-t  nliiinxiniis 
feature  ever  introduced  into  the  tanH'mi^;  ihut 
it  wan  itself  e(|uivalent  to  a  nepiirate  Imill  nf  un 
jK-r  cent. ;  that  it  had  always  been  re>i.«ti'd.  and 
successfully  n-sisti-d  ■  the  Biiti-tiinll  inti're>t. 
in  the  highist  and  inc  I  ^  liny  days  of  the  Aiueri- 
cnn  system,  and  ouglii  .lot  now  to  be  iiitioihiced 
when  that  systeii/  is  admitted  to  be  nodding  to 
its  fall ;  when  its  death  is  actually  lixed  to  the 
3()th  day  of  .lum-  l^il'J,  and  whcii  the  n>ioiu- 
lion  of  hannonious  feelinps  is  proclaimed  to  be 
the  wlude  object  of  this  bill. 

'•  Mr.  H.  Tiid  this  was  a  htnuige  priiicipk'  to 
bring  into  a  oill  to  reduce  duties.  It  wns  an  in- 
. Tease,  ir  •■  new  fof.  > — an  Mclefinable  fnrin— 
and  would  bo  tax  u[  >'\  tax,  as  the  whole  co.<t  of 
getting  the  goods  re  >. .  for  a  market  valuation 
here,  would  have  ;  /  ")e  included:  original  co.'-t, 
freight,  insurance,  commission^  duties  here.  It 
was  ne  r  (tection,  in  a  nc  i  jriu,  and  in  an 
extraoi  hn.uy  form,  and  such  as  never  could  bu 
caiTie<l  jefoiu.  It  had  often  been  attempted,  a.s 
as  a  part  of  the  American  system,  but  never  re« 
ceived  countenance  before. 

'•  Mr.  Calhoun  rose  and  said : 

"As  the  (luestion  is  now  about  to  be  put  on 
tho  amendment  offered  by  the  senator  from 
Kentuclcy,  it  becumo  necessary  for  him  to  de- 
termine whether  ho  should  vote  fur  or  against 
it.  lie  must  bo  jwrmitted  again  to  cNpiess  his 
regret  that  tho  senator  had  thought  j/roper  to 
move  it.  His  objection  still  remained  strong 
against  it ;  but,  as  it  seemed  to  be  admitted,  on 
all  hands,  that  the  fate  of  the  bill  depended  on 
the  fate  of  the  amendment,  feeling,  as  he  did,  a 
solicitude  to  see  the  question  terminated,  he  had 
made  up  his  mind,  not,  however,  without  much 
hesitation,  not  to  interpose  his  vote  agains-t  tho 
adoption  of  the  amendment;  but,  in  voting  for 
it,  he  wished  to  be  distinctly  understood,  he  did 
it  upon  two  conditions :  first,  that  no  valuation 
would  be  adopted  that  should  come  in  conflict 
with  the  provision  in  the  constitution  which  de- 
clares that  duties,  excises,  and  imposts  shall  bo 
uniform ;  and,  in  the  next  place,  that  none  would 
be  adopted  which  would  make  the  duties  them- 
selves a  part  of  tho  element  of  a  home  valuation. 
He  felt  himself  justified  in  concluding  that  none 
such  would  be  adopted ;  as  it  had  been  declared 
by  the  supporters  of  the  amendment,  that  no 
such  regulation  was  contemplated ;  and,  in  fact, 
he  could  not  imagine  that  any  such  could  be 
contemplated,  whatever  interpretation  might  lie 
attempted  hereafter  to  be  given  to  the  expression 


I  ,ii.. 


i'- 


li . 


330 


THIRTY  YEARS'  VIKW. 


ii  ;: 


m 


■; !  i 


ii 


f'f  tlie  lionu'  iniirkft.  The  first  couM  soarccly 
ly;  c(jntintiiliite<l,  ns  it  woiiM  lie  in  violation  of 
the  (^oiistilution  itself;  n<T  tlie  latter,  as  it 
woiiM.  ]>y  newsHary  conseiiuence,  restore  the 
vei.v  (liitiis.  whicli  it  wnn  tlie  ohject  of  this  bill 
to  rtdiice,  ami  would  involve  the  plaiinp;  ab- 
surdity ol'  imposing;  dtitics  on  duties,  taxes  on 
taxes.  He  wished  the  reporters  for  the  public 
press  to  notice  jiarticularly  what  ho  said,  as  he 
intended  his  declarntiou  to  be  jiart  of  the  pro- 
ceedinps. 

"  Jklievin;:,  then,  for  the  reasons  which  lie  had 
Ftatcd.  that  it  was  not  conteinplatcil  that  any 
re}iulation  of  the  home  valuation  BhouJd  come 
in  conllict  with  the  provisions  of  the  constitution 
which  he  bad  cited,  nor  involve  the  absurdity 
of  la\  in;x  taxes  upon  taxes,  he  had  made  up  his 
mind  to  vote  in  favor  of  the  amendment. 

'•.Mr.  .Smith  said,  any  declaration  of  tho  riews 
and  motives,  imder  which  an3'  individual  senator 
mifrht  now  vole,  could  have  no  influence,  in 
liS42;  they  would  be  forgotten  lonp;  before  that 
time  had  arrived.  The  law  must  rest  upon  the 
interjiretation  of  its  words  alone. 

'■iMr.  Calhoun  said  lie  could  not  help  that;  he 
shoidd  endeavor  to  do  his  duty. 

'•  Mr.  Clayton  said  there  was  certainly  no  am- 
biguity whatever  in  the  phraseolopy  of  the  amend- 
ment. In  advocating  it,  he  had  desired  to  de- 
ceive no  man ;  lie  sincerely  hoped  no  one  would 
sufl'er  himself  to  be  deceived  by  it. 

"Mr.  Wilkins  said,  if  it  had  been  his  intention 
to  have  voted  against  the  amendment,  he  should 
have  remained  silent;  but.  after  the  explicit  de- 
elara'  ion  of  the  honorable  gentleman  from  South 
Carolina  [Mr.  Calhoun]  of  tho  reason  of  bis 
vote,  and  believing,  himself,  tliat  the  amend- 
ment would  have  a  dilierent  construction  from 
that  given  it  by  the  gentleman,  be  [Mr.  AV,] 
would  as  expressly  state,  that  he  would  vote  on 
tlie  question,  with  the  impression  that  it  would 
rot  hereafter  be  expounded  by  the  declaration 
of  any  senator  on  this  floor,  but  by  the  plain 
meaning  of  the  words  in  the  text. 

"  The  amendment  of  Mr.  Clay,  fixing  the  prin- 
ciple of  homo  valuation  as  a  part  of  the  bill,  was 
then  adojited,  by  the  following  vote : 

'•Yeas. — ^fessr.^.  Beii,  Black,  Bibb,  Calhoun, 
Chambers,  Clay,  Clayton,  E wing.  Foot,  Freling- 
buy.sen,  Hill,  Holmes,  Johnson,  King,  Knight, 
Miller,  Moore,  Naudain,  Poindexter,  Prentiss, 
Hives,  Bobbins,  Sprague,  Tomlinson,  Tyler,  Wil- 
kins.—20. 

'•Nays. — Messrs.  Benton,  Buckncr,  Dallas, 
Dickerson,  Dudley,  Forsyth,  Grundy,  Kane, 
Jlobinson.  Sevmour,  Silsbee,  Smith,  AVaggaman, 
AVelster,  Wliite,  Wright.— 10." 

And  thus  a  new  principle  of  protection,  never 
before  engrafted  on  the  American  system,  and 
to  get  at  which  the  constitution  had  to  bo  vio- 
lated in  the  article  of  the  uniformity  of  duties, 
was  established  !  and  established  by  the  aid  of 
those  who  declared  all  protection  to  be  uncon- 


stitutional, and  just  cause  for  the  R<-ccssion  of  n 
State  frcm  the  Union  !  and  were  then  .nctiii"  (,n 
that  assuni])tion. 


C  II  APT  Ell    LXXXIII. 

KEVENUE  COLL>:CTION.  OU  FOUCE  lillj,. 

The  President  in  bis  message  on  the  Soutli 
I  Carolina  proceedings  had  recommended  to  Con- 
gress the  revival  of  some  acts,  heretofore  in  forco, 
to  enable  him  to  execute  the  laws  in  that  State  • 
and  the  Senate's  committee  on  the  Judiciary 
had  reported  a  bill  accordingly  early  in  the  ses- 
sion. It  was  immediately  assailed  by  several 
members  as  violent  and  unconstitutional,  tenrlin.' 
to  civil  war,  and  denounced  as  "  the  bloody  bill " 
— "  tho  force  bill,"  &c.  Mr.  Wilkins  of  Ponn- 
sylvania,  the  reporter  of  the  bill,  vindicated  it 
from  this  inj  irious  character,  showed  that  it 
was  made  out  of  previous  laws,  and  contained 
nothing  novel  but  tho  harmless  contingent  au- 
thority to  remove  the  office  of  the custoins  fnin 
one  building  to  another  in  the  case  of  need.  Ho 
said : 

"  The  Judiciary  Committee,  in  framing  it,  had 
been  particularly  anxious  not  to  introduce  anv 
novel  principle — any  which  could  not  be  found 
on  the  statute  book.  The  only  novel  one  whicli 
the  bill  presented  was  one  of  a  very  simple 
nature.  It  was  that  which  authorized  the  Pies- 
ident,  under  the  particular  circumstances  which 
were  specified  in  the  bill,  to  remove  the  custom- 
house. This  was  the  only  novel  principle,  and 
care  was  taken  that  in  providing  for  such  re- 
moval no  authority  was  given  to  use  force. 

"  The  committee  were  apprehensive  that  some 
collision  might  take  place  after  the  1st  of  Feli- 
ruary,  either  between  the  conflicting  parties  of 
the  citizens  of  South  Carolina,  or  between  the 
oflicers  of  the  federal  government  and  the 
citizens.  And  to  remove,  as  far  as  possible,  all 
chance  of  such  collision,  provision  was  made 
that  the  collector  might,  at  tho  moment  of  ini- 
ipinent  danger,  remove  the  custom-house  to  ;. 
place  of  security  ;  or,  to  use  a  plain  phrase,  put 
it  out  of  harm's  way.  He  admitted  the  import- 
ance of  this  bill ;  but  he  viewed  its  importance 
as  arising  not  out  of  the  provisions  of  the  bill 
itself,  but  out  of  the  state  of  affairs  in  South 
Carolina,  to  which  the  bill  had  reference.  In 
this  view,  it  was  of  paramount  importance. 

"  It  had  become  necessary  to  legislate  on  this 
subject ;  whether  it  was  necrssary  to  pass  the 
bill  or  not,  he  would  not  say ;  but  legislation,  in 


natural, 


tions  on 


The  Bill  M 
witnessed,  a 
odious  to  tl 
odium  to  th 
sirumental 
through, 
warmest  opj 
rate  speech, 

••In  the 
made  into  th 
tvrtaiii  doct 
world  over 
\mi,\v  that 
those  who 
ii'id  to  mis' 
place  on  thi; 


ANNO  isn.r     ANDKKW  JACKSON.  l'ItKj^II)KNT. 


1  '■»  t 


)KCE  lilLL. 


r  as  pos.4ble,  all 


nfiToncc  to  South  Carolinn.  proTious  to  the  let 
i,f  PVlirimry.  Iiad  iKCome  nt'cossary.  Sonu'tliinp 
must  IfC  dimt';  ami  it  la-lioovcs  the  poverninciit 
;  I  iiiiopt  every  measure  of  precaution,  to  pn»- 
iiiit  those  awful  consei|ueneea  whieh  all  iinist 
f  .n-ie  a.<  necessarily  resulting:  from  the  position 
which  South  Carolina  lias  thought  proper  to 
n-«iinte. 

•  Here  nullification  is  declaimed,  on  one  hand. 
iiikss  we  abolish  our  revenue  system.  AVe 
oiiisi'Mtinp  to  do  this,  they  remain  quiet.  IJut 
i;  we  no  a  hair's  breadth  towards  enforcin;;  that 
rvsteni,  they  present  Recession.  Wehaveseccs- 
sMU  on  one  hand,  and  nullification  on  tlie  other. 
Ihe  senator  fion»  South  Carolina  wlmitted  the 
(tlicr  da}''  that  no  such  thing  as  constitutional ' 
Kcession  could  exist.  Then  civil  war,  disunion,  j 
iiiid  anarchy  must  accompany  secession.  No  I 
mie  denies  the  right  of  revolution.  That  is  a 
iiiitnnil,  indefeasible,  inherent  right — a  right 
which  we  have  exercised  and  lield  out,  by  our 
example,  to  the  civilized  world.  Who  denies 
it  I  Then  we  liave  revolution  by  force,  not  con- 
stitutional secession.  That  violence  must  come 
iiy  secession  is  certain.  Another  law  passed  by  j 
the  legislature  of  South  Carolina,  is  entitled  a 
hill  to  provide  for  the  safety  of  the  people  of 
^outh  Carolina.  It  advises  them  to  put  on  their  j 
minor.  It  puts  them  in  military  array ;  and  i 
for  what  pur^K)se  but  for  the  use  of  force  ?  The 
[iiovisions  of  these  laws  are  infinitely  worse  than 
iho?e  of  the  fetidal  system,  so  far  as  they  apply 
to  the  citizens  of  Carolina.  IJut  with  its  oiwra- 
tions  on  their  own  citizens  he  had  nothing  to 
do.  Resistance  was  just  as  inevitable  as  the 
•irrival  of  the  day  on  the  calendar.  In  addition 
to  these  documents,  what  did  rumor  sivj' — ru- 
mor, which  often  falsifies,  but  sometimes  utters 
truth.  If  we  judge  by  newspaper  and  other 
Imports,  more  men  were  now  ready  to  take  up 
linns  in  Carolina,  than  there  were  during  the  re- 
volutionary struggle.  The  whole  State  was  at 
this  moment  in  arms,  and  its  citizens  are  ready  to 
be  embattled  the  moment  any  attempt  was  made 
to  enforce  the  revenue  laws.  The  city  of  Charles- 
ton wore  the  appearance  of  a  military  depot." 

The  Bill  was  opposed  with  a  vehemence  rarely 
witnessed,  and  every  eifort  made  to  render  it 
odious  to  the  people,  and  even  to  extend  the 
odium  to  the  President,  and  to  all  persons  in- 
strumental in  bringing  it  forward,  or  urging  it 
through.  Mr.  Tyler  of  Virginia,  was  one  of  its 
warmest  opposers,  and  in  the  course  of  an  elabo- 
rate speech,  said : 

"In  the  course  of  the  examination  I  have 
made  into  this  subject,  I  have  been  led  to  analyze 
tvrtain  doctrines  which  have  gone  out  to  the 
world  over  the  signature  of  the  President.  I 
l;n(.w  that  my  language  may  be  seized  on  by 
thoso  who  nro  disposed  to  carp  at  my  course 
ind  to  mis'eprcsent  me.  Since  I  have  held  a 
plaoe  on  this  Uoor.  I  have  not  courted  the  smiles 


of  the  Executi^'o;  but  whenever  ho  had  done 
any  act  in  violation  <if  tlie  cnnstiMitioiwil  ri)rlit.s 
(if  the  citizen,  «ir  trtnching  on  iho  ri'jhts  of  tlie 
.S>nate,  I  have  U'en  lowiid  in  f)|iixi»itii>n  to  him. 
When  he  apjM>inted  corps  I'f  eiliturs  t">  ollicf,  I 
thought  it  was  Tiiy  duty  to  <)J)p(l^(•  his  cniirsi'. 
When  he  apiKiinttd  a  minister  to  a  foniLMi  ciiui  t 
without  the  sanction  <»r  the  law.  I  also  wriit 
against  hini.  Lirause,  on  my  consciiiicc,  I  be- 
lieved that  the  act  WiU<  wrong.  Such  was  my 
course,  acting,  a.s  I  did,  under  a  sciK-e  at'  the 
duty  I  owed  to  my  constituents  ;  and  I  will  now 
ruy.  I  care  not  how  loudly  the  truuipi't  may  be 
sounded,  nor  how  low  theiiriests  may  bend  their 
knees  l)efi>re  the  object  of  their  idolatry.  I  will 
be  at  the  side  of  the  President,  crying  iu  his  ear, 
' Remember.  Philip,  thou  ait  mortal ! ' 

"1  object  to  the  fii-st  section,  because  it  con- 
fers on  the  President  the  power  of  closing  old 
ports  of  entry  and  estublishing  new  ones.  It 
has  been  rightly  said  by  the  gentleman  from 
Kentucky  [Mr.  Bibbj  that  this  wa.s  a  prominent 
cause  which  led  to  the  Revolution,  The  iioston 
port  bill,  which  removed  the  ctistom-house  from 
Boston  to  Salem,  first  roused  the  people  to  re- 
sistance. To  guard  against  this  very  abuse,  the 
constitution  had  confided  to  Congress  the  power 
to  regulate  commerce ;  the  establishment  of 
ports  of  entry  formed  a  material  part  of  this 
power,  and  one  which  required  legislative  enact- 
ment. Now  I  deny  that  Congress  can  deputize 
its  legislative  powers.  If  it  maj^  one,  it  may  all ; 
and  thus,  a  majority  here  can,  at  their  jileasiire, 
change  the  very  character  of  the  government. 
The  President  might  come  to  be  invested  with 
authority  to  make  all  laws  which  his  discretion 
might  dictate.  It  is  vain  to  tell  me  (said  Mr. 
T.)  that  I  unagine  a  case  which  will  never  exist. 
I  tell  you,  .sir,  that  power  is  cumulative,  and  that 
patronage  begets  power.  The  rea.soning  is  un- 
answerable. If  you  can  part  with  your  power 
in  one  instance,  yoti  may  in  another  and  another. 
You  may  confer  upon  the  President  the  right  to 
declare  war ;  and  this  very  provision  may  liiirly 
be  considered  as  investing  him  with  authority 
to  make  war  at  his  mere  will  and  pleasure  on 
cities,  towns,  and  villages.  The  prospeiity  <jf  a 
city  depends  on  the  position  of  its  custom-housu 
and  port  of  entry.  Take  the  case  of  Norfolk, 
Richmond,  and  Fredericksburg,  in  my  own 
State;  who  doubts  but  that  to  remove  the 
custom-house  from  Norfolk  to  Old  Point  Com- 
fort, of  Richmond  to  the  mouth  of  CliickalKJininy, 
or  of  Fredericksburg  to  'iappahanuock  or  L  r- 
banna,  would  utterly  annihilate  those  towns  i 
I  have  no  tongue  to  express  my  sense  of  the  pro- 
bable injustice  of  the  measure.  Sir,  it  involves  the 
innocent  with  the  guilty.  Take  the  case  of 
Charleston ;  what  if  ninety-nine  merchants  were 
ready  and  willing  to  eom|)ly  with  your  revenue 
laws,  and  that  but  one  man  could  be  found  to 
resist  them ;  would  you  run  the  hazard  of 
destroying  the  ninety-nine  iu  order  to  punish 
one  1  Trade  is  a  delicate  subject  to  touch ; 
once  divert  it  out  of  its  rcjjular  chanuels,  and 


im 


^w 


II1.V5;  ' 


^^' 


332 


THIRTY  YRARS"  VIKW. 


notliinp  i-i  Tiinrc  diflirult  limn  to  restore  it. 
I'liis  iiurasiirf  iiiiiy  involve  tlif  nctiia  property 
oi'  every  iiuin,  wntiian,  and  child  in  ilmt  city  ; 
iind  this,  too.  when  you  have  a  redundancy  of 
millions  in  your  treasury,  and  when  no  interest 
c.'ui  sustain  injury  hy  awaitinf;  the  actual  occur-  1 
reiicu  of  IV  case  of  resistance  to  your  laws,  iK'fore  i 
you  would  have  an  opportunity  to  Icjrislato.        j 

''He  is  further  tinpowered  to  employ  the  land 
and  naval  forces,  to  put  down  all  'aiders  and 
ui)ettors.'     How  far  will  this  authority  extend?  i 
Suppose  the  lefiislature  of  .Soutli  Carolina  should  j 
hapjR'n  to  be  in  .session :  I  will  not  blink  the  i 
question,  Kui»pose  the  legislature  to  be  in  session  j 
ai  the  time  of  any  disturbance,  passing  laws  in  ! 
furtherance  of  the  ordinance  which  ha.s  been  i 
adopted  by  the  convention  of  that  State ;  miRht  j 
they  not  be  considered  by  the  President  as  aiders 
and  abettors  ?    The  President  mipht  not,  per-  i 
haps,  maich  at  the  head  of  his  troops,  with  a  ' 
nourish  of  drums  and  truniixits,  and  with  bayo- 
nets fixed,  into  the  state-house  yard,  at  Colum- 
bia ;  but,  if  he  did  so,  he  would  Iind  a  precedent 
for  it  in  Iin}j;lish  history. 

"There  was  no  ambiguity  abo>it  this  measure. 
The  i)iophecy  had  already  pone  forth ;  the  Pre- 
sident has  said  that  the  laws  will  be  obstructed. 
The  President  had  not  only  foretold  the  coming 
difficulties,  but  he  has  also  assembled  an  army. 
The  city  of  Charleston,  if  report  spoke  true,  was 
now  a  beleugured  city ;  the  cannon  of  Fort 
Pinckncy  are  pointing  at  it ;  and  although  tliey 
arc  now  quietly  6leei)ing,  they  are  ready  to  open 
their  thunders  whenever  ilie  voice  of  authority 
shall  give  the  conunand.  And  shall  these  ter- 
rors be  let  loose  because  some  one  man  may  re- 
fuse to  pay  some  small  modicum  of  revenue, 
which  Congress,  the  day  after  it  came  into  the 
treasury,  might  vote  in  satisfaction  of  some  un- 
founded claim  ?  Shall  we  set  so  small  a  value 
upon  the  lives  of  the  jjeople  ?  Let  us  at  least  wait 
to  see  the  course  of  measures.  We  can  never 
be  too  tardy  in  commencing  the  work  of  blood. 

"If  the  majority  shall  pass  this  bill,  they 
m'ist  do  it  on  their  own  responsibility ;  I  will 
have  no  part  in  it.  AVhen  gentlemen  recount 
the  blessings  of  union  ;  when  they  dwell  upon 
the  past,  and  sketch  out,  in  bright  perspective, 
the  future,  they  awaken  in  my  breast  all  the 
l)ride  of  an  American ;  my  pulse  beats  respon- 
h-  0  to  theirs,  and  I  regard  union,  next  to  free- 
dom, as  the  greatest  of  blessings.  Yes,  sir,  'the 
federal  Union  must  be  preserved.'  But  how  ? 
Will  you  seek  to  preserve  it  by  force  ?  Will 
you  appease  the  angry  spirit  of  discord  by  an 
oblation  of  blood  ?  Suppose  that  the  proud 
and  haughty  spirit  of  South  Carolina  shall  not 
bend  to  your  high  'Hlicts  in  token  of  fealty ;  that 

Ii'ou  make  war  upon  her,  hang  her  Governor,  her 
egislators,  and  judges,  as  traitors,  and  reduce 
her  to  the  condition  of  a  conquered  province — 
iiave  you  preserved  the  Union  ?  This  Union 
consists  of  twenty-four  States  ;  would  3'0)i  have 
presei-ved  the  Union  by  striking  out  one  of  the 
Ittuteb — one  oi'  the  old  thiilceii  i     Geotlemen 


had  boasted  of  the  flag  of  our  countrj-,  with  it* 
thirteen  stars.  When  the  light  of  one  of  ihi^,' 
stars  shall  have  been  extinguished,  will  the  f!,i.. 
wave  over  us,  umler  which  our  fathers  foiiL'tit ) 
If  we  are  to  go  on  (-triking  out  star  afier  .star 
what  will  finally  remain  hut  a  central  nud  ^ 
burning  sun,  blighting  and  destroying  cvirv 
germ  of  liU>rty  ?  The  flag  which' 1  wish  to 
wave  over  me,  is  that  which  floated  in  triuiii].!i 
at  Saratoga  and  Yorktown.  It  bore  \\\uiti  it 
thirteen  States,  of  which  South  Cai-oliua  ws-: 
one.  Sir,  there  is  a  great  diflerencc  between  jirc- 
serving  Union  and  preserving  governtncnt ;  the 
Union  may  be  annihilated,  yet  government  prp. 
served ;  but,  under  such  a  government,  no  ni;m 
ought  to  desire  to  live." 

Mr.  Webster,  one  of  the  committee  which  re- 
ported the  bill,  ju.stly  rebuked  all  this  vitupera- 
tion, and  justified  the  bill,  both  for  the  equity 
of  its  provisions,  and  the  necessity  for  ennctini; 
them.    He  said : 

"  The  President,  charged  by  the  constitution 
with  the  duty  of  executing  the  laws,  has  ?erit 
us  a  message,  alleging  that  powerful  coinbin.i- 
tions  are  forming  to  resist  their  execution  ;  that 
the  existing  laws  are  not  sufficient  to  meet  the 
crisis ;  and  recommending  sundry  enactments 
as  necessary  for  the  occasion.  The  message  be- 
ing referred  to  the  Judiciary  Committee,  tliat 
committee  has  reported  a  bill  in  compliance  with 
the  President's  recommendation.  It  has  not 
gone  beyond  the  message.  Every  tiling  in  the 
bill,  every  single  provision,  which  is  now  com- 
plained of,  is  in  the  message.  Yet  the  whole 
war  is  raised  t^aiqst  the  bill,  and  against  tlie 
committee,  as  if  the  committee  had  originated 
the  whole  matter.  Gentlemen  get  up  and  ad- 
dress us,  as  if  they  were  arguing  against  some 
measure  of  a  factious  opposition.  They  look 
the  same  way,  sir,  and  speak  with  the  same  ve- 
hemence, as  they  used  to  do  when  they  raised 
their  patriotic  voices  against  what  they  called  a 
'  coalition.' 

"Now,  sir,  let  it  be  known,  once  for  all,  that 
this  is  an  administration  measure ;  that  it  i^ 
the  President's  own  measure ;  and  I  jiray  pen- 
tlemen  to  have  the  goodness,  if  they  call  it  hard 
names,  and  talk  loudly  against  its  friends,  not 
to  overlook  its  source.  Let  them  atuck  it,  if 
they  choose  to  attack  it,  in  its  origin. 

"  Let  it  be  known,  al.so,  that  a  majority  of  the 
committee  reporting  the  bill  are  friends  and 
supporters  of  the  administration ;  and  that  it  is 
maintained  in  this  house  by  those  who  are 
among  his  steadltist  fi  lends,  of  long  standing. 

"  It  is,  sir,  as  I  have  already  said,  the  Presi- 
dent's own  measure.  Let  those  who  oppose  it 
oppose  it  as  such.  Let  them  fairly  acknowledge 
its  origin,  and  meet  it  accordingly. 

"  The  honomble  member  from  Kentucky,  who 
spoke  first  again.st  the  bill,  said  he  found  in  il 
another  Jersey  prison-ship ;  let  him  state,  theu, 


ANNO  1833.     ANr)UE\V  JACKSON,  Tia^^IDKNT. 


333 


them  attack  it,  if 


(|,at  the  President  hna  sent  a  niessaptj  to  Con- 
i;n.'.-s.  recoinineiuliiip:  a  renewal  of  the  miHlTinKH 
iiid  horn>r8  of  the  Jersey  prison-ship.  lie 
i.avs,  t<x>,  that  the  bill  Hnnll's  of  the  alien  and 
^.'(lition  law.  l?ut  the  bill  is  fnifirant  of  no 
lioner  except  the  Banic  which  iHrfunies  the 
iiK'-i-iipe.  Let  him,  thin,  say,  if  he  tliinks  so, 
iliul  (icneral  Jackson  ailvif-es  a  ix'vival  of  the 
liriiHiples  of  the  alien  and  sedition  laws. 

•'  The  honorable  nicniKT  from  Virginia  [.Mr. 
Ivkr].  linds  out  a  resiinblnnce  between  this 
(nil  and  the  Boston  port  bill.  Sir,  if  one  of 
ih"?e  be  imitated  liom  the  other,  the  imitation 
\^  the  Presiilent's.  The  bill  makes  the  Presi- 
dent, he  says,  sole  judpre  of  the  constitution. 
|)oc'.s  he  mean  to  say  that  the  President  has 
ii'connnendcd  a  measure  which  is  to  make  him 
Hjle  judge  of  the  constitution  ?  The  bill,  he  de- 
clare^, sacrifices  every  thing  to  arbitrary  power 
—he  will  lend  no  aid  to  its  pa.ssagc — he  \vo\ild 
iiitlicr  '  be  a  dog,  and  bay  the  moon,  than  such 
a  Koiaan.'  lie  did  not  say  'the  old  lloman.' 
Yet  the  gentleman  well  knows,  that  if  any  thing 
\r,  sacrificed  to  arbitrary  power,  the  sacrifice 
l,as  been  demanded  by  the  '  old  Koman,'  as  he 
and  others  have  called  him ;  by  the  President 
whom  he  has  supported,  so  often  and  so  ably, 
fir  the  chief  magistracy  of  the  country.  lie 
tiivs,  too,  that  one  of  tlie  sections  is  an  English 
liutany  Bay  law,  except  that  it  is  much  worse. 
Tills  i-cction,  sir,  whatever  it  may  be,  is  just 
wliat  tlie  President's  message  recommended. 
Similar  observations  are  applicable  to  the  re- 
iiiiuks  of  both  the  honorable  gentlemen  from 
North  Carolina.  It  is  not  necessary  to  particu- 
larize those  remarks.  They  wore  in  the  same 
►train. 

"  Therefore,  sir,  let  it  be  understood,  let  it  be 
known,  that  the  war  which  these  gentlemen 
(hoosc  to  wage,  is  waged  against  the  measures 
(,f  tlie  administration,  against  the  President  of 
their  own  choice.  The  controversy  has  arisen 
lietween  him  and  them,  and,  in  its  progress, 
they  will  probably  come  to  a  distinct  under- 
standing. 

••  Mr.  President,  I  am  not  to  be  understood  as 
admitting  that  these  charges  against  the  bill  are 
just,  or  that  they  would  be  just  if  made  against 
the  message.  On  the  contrarj',  I  think  them 
wholly  unjust.  No  one  of  them,  in  my  opinion, 
can  be  made  good.  I  think  the  bill,  or  some 
eimilar  measure,  had  become  indispensable,  and 
that  the  President  could  not  do  otherwise  than 
to  recommend  it  to  the  consideration  of  Con- 
press,  lie  was  not  at  liberty  to  look  on  and 
be  silent,  while  dangers  threatened  the  Union, 
which  existing  laws  were  not  competent,  in  his 
judgment,  to  avert. 

'Mr.  President,  I  take  this  occasion  to  eay, 
that  I  support  this  measure,  as  an  independent 
member  of  the  Senate,  in  the  discharge  of  the 
dictates  of  my  own  conscience.  I  am  no  man  s 
leader ;  and,  on  the  other  hand.  I  follow  no  lead, 
but  that  of  public  duty,  and  the  star  of  the  con- 
ititution.    1  believe  the  country  ia  in  consider- 


able danger  ;  I  lielievc  an  unlawful  coinbinntion 
threatens  the  integrity  of  the  I'nion.  I  iH'lieve 
the  crisis  calls  fur  a  mild.  teiniK'vate,  fi>rl<-ariii>.', 
but  inflexibly  linn  executinn  of  the  laws.  And, 
tnidor  this  conviction.  I  give  a  lu-arty  sujuiort 
to  the  administration,  in  all  measures  which  I 
deem  to  be  fair,  just,  and  nwessary.  And  in 
supporting  these  measures,  1  mean  to  take  my 
fair  share  of  responsibility,  to  sup|M)rt  them 
frankly  and  fairly,  without  rellection;^  on  tlio 
past,  and  without  mixing  other  topics  in  their 
discussion. 

'•Mr.  President,  I  think  I  understand  the 
sentiment  of  the  country  on  this  subject.  I 
think  public  o])inion  .sets  with  an  irresistibio 
force  in  favor  of  the  I'nion.  in  favor  of  the 
measures  recommended  by  the  President,  and 
against  the  new  doctrines  which  threa'en  the 
dissolution  of  the  Union.  I  think  the  people 
of  the  United  States  demand  of  us,  who  are  in- 
trusted with  the  government,  to  maintain  that 
government ;  to  be  just,  and  fear  not ;  to  make 
all  and  suitable  provisions  for  the  execution  of 
the  laws,  and  to  sustain  the  Union  and  the 
constitution  against  whatsoever  may  endanger 
them.  For  one,  I  obey  this  public  voice  ;  I 
comply  with  this  demand  of  the  people.  I  sup- 
port the  administration  in  measures  which  I 
believe  to  be  necessary  ;  and,  while  pursuing 
this  course,  I  look  unhesitatingly,  and  with  the 
utmost  conlidence,  for  the  approljation  of  the 
country. 

The  support  which  Air.  Webster  gave  to  all 
the  President's  measures  in  relation  to  South 
Carolina,  and  his  exposure  of  the  doctrine  of 
nullification,  being  the  first  to  detect  and  de- 
nounce that  heresy,  made  him  extremely  obnox- 
ious to  Mr.  Calhoun,  and  his  friends ;  and  must 
have  been  the  main  cause  of  his  exclusion  from 
the  confidence  of  Mr.  Clay  and  Mr.  Calhoun  in 
the  concoction  of  their  bill,  called  a  compromise. 
Ilis  motives  as  well  as  his  actions  were  attacked, 
and  he  was  accused  of  subserviency  to  the  Presi- 
dent for  the  sake  of  future  favor.  At  the  same 
time  all  the  support  which  he  gave  to  these 
measures  was  the  regular  result  of  the  principles 
which  he  laid  down  in  his  first  speeches  against 
nullification  in  the  debate  with  Mr,  Ilayne,  and 
he  could  not  have  done  less  without  being  dere- 
lict to  his  own  principles  then  avowed.  It  was 
a  proud  era  in  his  life,  supporting  with  tran- 
scendent ability  the  cause  of  the  constitution 
and  of  the  country,  in  the  person  of  a  chief 
magistrate  to  whom  he  was  politically  oppo.sed 
bursting  the  bonds  of  party  at  the  call  of  duty, 
and  displaying  a  patriotism  worthy  of  admira- 
tion and  imitation.  General  Jackson  felt  the 
debt  of  gratitude  and  admiration    wliirh  he 


! 


'I' 


I- 1 .. 


V' 


334 


THIRTi'  YKARS'  VIEW. 


owed  liim  ;  the  country,  witlioiit  digtinction  of 
pnrty,  felt  the  sainc ;  and  tlio  universality  of 
tlic  ffolin,^  was  one  of  the  frratcful  instances  of 
popular  applause  and  justice  wlun  preat  talents 
are  scon  exerting  theniyelves  for  the  good  of 
tlic  country.  He  was  the  colossal  figure  on  the 
political  stage  during  that  eventful  time ;  and 
liis  labors,  splendid  in  tlidr  day,  survive  for  the  I 
benefit  of  ,'stant  posterity. 


CHAPTER    L  XXXIV. 

MR.  CALHOUNS  NULLIflCATION  KES0LUTI0N9. 

SiMnLTANEOUSLY  witli  the  commencement  of  the 
discussions  on  the  South  Carolina  proceedings, 
was  the  introduction  in  tho  Senate  of  a  set  of 
resolutions  by  Mr.  Calhoun,  entitled  by  him, 
"  Resolutions  on  the  powers  (if  the  government ;  " 
but  all  involving  the  doctri;ic  of  nullification ; 
and  the  debate  upon  them  de  iving  its  point  and 
character  from  the  discussion  of  that  doctrine. 
The  following  were  the  resolutions: 

"  Resolved,  That  the  people  of  the  several 
States  composing  these  United  States  are  i'.nited 
as  parties  to  a  constitutional  compact,  to  which 
the  people  of  each  State  acceded  as  a  separate 
sovereign  community,  each  binding  itself  by  its 
own  particular  ratification  ;  and  that  the  Union, 
of  which  the  said  compact  is  the  bond,  is  a  union 
between  the  States  ratifying  the  same. 

^'■Resolved,  That  the  people  of  the  several 
States,  thus  united  by  the  constitutional  com- 
pact, in  forming  that  instrument,  and  in  creating 
a  general  government  to  carry  into  effect  the 
objects  for  which  they  were  formed,  delegated 
to  that  government,  for  that  purpose,  certain 
definite  powers,  to  be  exercised  jointly,  reserving 
v.t  the  same  time,  each  State  to  itself,  the  residu- 
ary mass  of  powers,  to  be  exercised  by  its  own 
separate  government;  and  that  whenever  the 
general  government  assumes  the  exercise  of 
jiowers  not  delegated  by  ♦^iie  compact,  its  acts 
are  unauthorized,  and  »re  of  no  effect ;  and  that 
the  same  government  is  not  made  the  final 
judge  of  the  powers  delegated  to  it,  since  that 
would  make  its  discretion,  and  not  the  constitu- 
tion, the  measure  of  its  jjowers ;  but  that,  as  in 
all  other  cases  of  compact  among  sovereign  par- 
ties, without  any  common  judge,  each  has  an 
equal  right  to  judge  for  itself,  as  well  as  of  the 
iiii'raction  as  of  the  mode  and  measure  of  redress. 

"  Resolved,  That  the  assertions  that  the  people 
of  tliese  United  States,  taken  collectivclj"  as  in- 


dividuals, arc  now.  or  over  have  hi>cn,  imiti  li  on 
the  principle  of  the  social  compact,  and  as  <ur]\ 
are  now  formed  into  one  nation  or  people.  ,,f 
that  they  have  ever  been  fo  united  in  any  one 
stage  of  their  political  exictence ;  that  the  iKople 
of  the  several  States  compo.sing  the  Union  have 
not,  as  members  thereof,  retained  their  sf)vereiCT- 
ty ;  that  the  allegiance  of  their  citizens  has  licti 
transferred  to  the  general  povernmetit ;  t)i;  t 
they  have  parted  with  the  right  of  punishin;; 
treason  through  their  respective  State  govtrri^ 
ments ;  and  that  they  liave  not  the  right  of  jiu^fr- 
ing  in  the  last  resort  as  to  the  extent  oif  tlic 
powers  reserved,  and.  of  consequence,  of  those 
delegated ;  are  not  only  without  foundation  in 
truth,  but  are  contrary  to  the  most  certain  ami 
l)lain  historical  facts,  and  the  clearest  deductiuns 
of  reason ;  and  that  all  exercise  of  power  on  flif 
part  of  the  general  governin  t,  or  any  v{  its 
departments,  claiming  authority  from  so  erro- 
neous assumptions,  must  of  necessity  be  uncon- 
stitutional, must  tend  directly  and  inevitably  t<i 
subvert  the  sovereignty  of  the  States,  to  destroy 
the  federal  character  of  the  Union,  and  to  rcaV 
on  its  ruins  a  consolidated  government,  without 
constitutional  check  or  limitation,  and  which 
must  necessarily  terminate  in  the  loss  of  liberty 
itsell'." 

'■."o  which  Mr.  Grundy  ofiered  a  counter  ect, 
as  follows: 

"1.  Resolved,  That  by  the  constitution  of  the 
United  States,  certain  powers  are  delegated  to 
the  general  government,  and  those  not  delesi- 
ted,  or  prohibited  to  the  States,  are  reservtvl 
to  the  States  respectively,  or  to  the  people. 

"2.  Resolved,  That  one  of  the  powers  cxpres-;- 
ly  granted  by  the  constitution  to  the  genera! 
government,  and  prohibited  to  the  States,  is 
that  of  laying  duties  on  imports. 

"3.  Resolved,  That  the  power  to  lay  imposts  is 
by  the  constitution  wholly  transferred  from  the 
State  authorities  to  the  general  government. 
without  any  reservation  of  power  or  right  on 
the  part  of  the  State. 

"4.  A'esoij^ed,  That  the  tariff  laws  of  1828 
and  1832  are  exercises  of  the  constitntiona! 
power  possessed  by  the  Congress  of  the  United 
States,  whatever  various  opinions  may  exist  as 
to  their  policy  and  justice. 

"  5.  Resolved,  That  an  attempt  on  the  part  of 
a  State  to  annul  an  act  of  Congress  passed  up- 
on any  subject  exclusively  confided  by  the  con- 
stitution to  Congress,  is  an  encroachment  on  the 
rights  of  the  general  government. 

'■  6.  Regolved,  That  attenspts  to  obstnict  or 
prevent  the  execution  of '"  ?  several  aets  of  Con- 
gress imposing  duties  on  imports,  whether  ly 
ordinances  of  conventions  or  legislative  enact- 
ments, are  not  warranted  by  the  constitutior, 
and  are  dangerous  to  the  political  institutions  of  ^ 
the  country." 

It  was  in  the  discussion  of  these  resolutions, 


ANNO  1S:'.3.     ANDREW  ,' VCKSON,  rr.E><ir)ENT. 


3''>K. 


id  a  counter  set. 


hcse  resolutions, 


jr.il  tlic  kiiiilred  suhjecls  of  tlie  "force  bill"  and  I 
(!,e  "ri'vcntio  collection  hill,"  that  Mr.  Calhoun 
jifjit  puhlirly  rci-cnlcd  the  soiirce  from  which  ' 
\u-  ohtaini'd  the  s-cniinal  idea  of  nullification  as 
a  roiiitdy  in  a  povemuiaut.  Thrt  Virginia  reso- 
;i!tions  of  ''.l8-"JIt,  were  t!ie  a«sunied  i^ourco  of 
tiio  power  itself  as  applicahlc  to  our  federal  and 
Stato  povcminents;  but  the  essential  idcaof  nul- 
l.tication  as  a  peaceful  and  lawful  mode  of  arrest- 
ii;;.'  a  measure  of  the  general  government  by  the 
.iclii>n  of  one  of  the  States,  was  derived  from  the 
;•./()  power  of  the  tribunes  of  the  people  in  the 
Human  government.  1  had  often  heard  him  talk 
111'  liiat  tribiniilian  power,  and  celebrate  it  as  the 
perfection  of  pood  povcrnmcnt — as  being  for  the 
luneflt  of  the  weaker  part,  and  operating  ncga- 
tircly  to  prevent  oppression,  and  not  positively  to 
do  injustice — but  I  never  saw  him  carry  that  idea 
iito  a  public  speech  but  once,  and  that  was  on 
the  discussion  of  his  resolutions  of  this  sess'on; 
for  though  actually  delivered  while  the  "force 
Ull"  was  before  the  Senate,  yet  all  his  doctrinal 
arp'iiment  on  that  bill  was  the  amplification  of 
his  nullification  resolutions.  On  that  occasion 
he  traced  the  Roman  tribunitian  power,  and  con- 
sidered it  a  cure  for  all  the  disorders  to  which 
the  Romaxi  state  had  been  subject,  and  the  cause 
to  which  all  her  subsequent  greatness  was  to  be 
attributed.  This  remarkable  speech  was  dc'.ivcr- 
1(1  February  15th,  1833,  and  after  depicting  a 
fovernmeut  of  the  majority — a  majority  uncheck- 
1(1  by  a  right  in  the  minority  of  staying  their 
measures — to  be  unmitigated  despotism,  he  then 
I'rocecded  to  argue  in  favor  of  the  excellence  of  the 
ycU)  r  nd  the  secession  power ;  and  thus  deliver- 
ed himself: 

"  lie  might  appeal  to  histoiy  for  the  truth  of 
•Iiepc  remarks,  of  which  the  Roman  furnished 
the  most  familiar  and  striking.  It  was  a  well- 
known  fact,  that,  from  the  expulsion  of  the  Tar- 
qiiins,  to  the  time  of  the  establishment  of  the 
Irioimit'.an  power  the  government  fell  into  a 
ftnle  of  the  greatest  disorder  and  distraction, 
and,  he  might  add,  corruption.  How  did  this 
happen  ?  The  explanation  w^ill  throw  important 
hght  on  the  subject  under  consideration.  The 
eommunity  was  di"ided  into  two  parts,  the  par 
tricians  and  the  plebeians,  with  the  powers  of 
the  state  principally  in  the  hands  of  the  former, 
witho-.t  adequate  check  to  protect  the  rights  of 
the  latter.  The  result  was  us  might  be  expected. 
The  patricians  converted  the  powers  of  the  go- 
rernraent  into  the  means  of  making  money,  to 
ejirich  themselves  and  their  dependants.  They, 
in  a  word,  had  their  American  system,  growing 
out  of  the  peculiar  character  of  the  government 


and  condition  of  the  coimtrj'.      This  n^quires 
e.xplanation.     At  (hat  jHrioil.  iiccordiiiji  to   the 
laws  of  nations,  when  one  nation  miicincrcil  rm- 
other,  the  lamls  of  the  \.iiinui>lu'd  lnlunL'i'd  to 
the  victors  ;  and,  arcordinp  to  the  Human  law 
the  lands  thus  acquired  wire  divided  into  jiarlH. 
one  allotted  to  the  [HKirer  clacs  of  tlic  people, 
and  the  other  assigned  to  the  n.-e  of  the  trea- 
sury, of  which  the  patricians  had  the  djslribu- 
tion  and  aihninistration.     'I'he  patricians  alius'd 
their  j)ower,  by  withholding  from  the  ;Hople 
that  which  ought  to  have  been  allottei'i  to  I'u'in, 
i  and  by  convtrting  to  their  own  use  that  whieli 
{  ought  to  have  pone  to  the  treasury,     lu  a  word, 
;  they  took  to  themselves  the  entire  spoils  of  vic- 
tory,  and  they  had  tluis  the  most  powerfid  mo- 
I  tive  to  keep  tlv(  state  perj^tually  involved  in 
'  war,  to  the  utter  imiwverishmeut  and  opjire^sion 
of  the  people.  After  resisting  tlie  abuse  of  power, 
i  by  all  peaceable  means,  and  the  oppression  lie- 
\  coming  intolerable,  the  people  at  last  withdrew 
from  the  citj' ;  they,  in  a  word,  'receded ;  an<l, 
'  to  induce  them  to  reunite,  the  jiatricians  con- 
i  ceded  to  the  plebeians,  as  the  means  of  proter-t- 
1  ing  their  separate  interes^"^  thevery  powerwhieh 
I  he  contended  is  neces.«arj  lo  protect  the  rights 
i  of  the  States,  but  which  is  now  represented  as 
j  neces.'-arily  leading  to  disunion.     They  granted 
I  to  the  people  the  right  of  choosing  three  tri- 
bunes from  among  themselves,  whose  persons 
should  bo  sacred,  and  who  should  have  the 
right  of  interposing  their  veto,  not  only  against 
the  passage  of  laws,  but  even  against  tlieir  extv 
cution ;  a  power  which  those  who  take  a  shal- 
I  low  insight  into  human  nature  would  pronounce 
I  inconsistent  with  the  strength  and  unity  of  tlie 
state,  if  not  utterly  impracticable.    Yet,  so  far 
I  from  that  being  the  etl'ect,  from  that  day  tlio 
1  genius  of  Rome  became  ascendant,  and  victory 
''billowed  her  steps  till  she  had  established  an 
i  utmost  universal  dominion. 
1      "IIow  can  a  result  so  contrary  to  !ill  antici- 
'  pation  be  explained  1    The  explanation  appear- 
1  ed  to  him  to  be  simple.    No  measure  or  move- 
]  mcnt  could  be  adopted  vrithout  the  concnri'ing 
consent  of  both  the  patricians  and  plebeians, 
'  and  each  thus  became  dependent  on  the  other, 
'  and,  of  consequence,  the  desii-e  and  objects  of 
neither  could  be  effected  without  the  concur- 
'  rcnce  of  the  other.     To  obtain  this  concurrence, 
each  was  compelled  to  consult  the  pood  will  vt 
:  the  other,  ami  to  elevate  to  oflice  not  simply 
those  who  might  have  the  confidence  of  the  or- 
der to  which  he  belonged,  but  also  that  of  the 
other.     The  result  was,  that  men  possessing 
those  qualities  which  would  naturally  conmiand 
i  confidence,  moderation,  wisdom,  justice,  and  pa- 
I  triotism,  were  elevated  to  office  ;  and  these,  by 
■  the  weight  of  their  authority  and  the  pnidcnce 
of  their  counsel,  together  wth  that  spirit  of 
unanimity  necessarily  resulting  from  the  con- 
curring assent  of  the  two  onlers,  furnishes  tlio 
real  explanation  of  the  power  of  the  Roman 
state,  and  of  that  extraordinary  wisdom  mode- 
ration, and  firmness,  which  in  so  retuur!\iible  a 


f 


'fk^^ 


f 


33G 


TIllUTV  YKAltS'  VIICW. 


"f  ! 


I 


(l(%'rcc  clmni'  II  rizwl  Ikt  imMic  men.  He  iiiiclit 
illiistrntr  lli>  triiili  (if  ttit'  positinii  wliich  In-  liiul 
laid  lidwii.  Ii>  a  rc'd'n'iicL'  to  the  liistory  of  nil 
fri'U  slates,  iiicicnt  and  inodcni,  di>tiiif;niHlH'd 
for  llii'ii'  piiwcr  nnd  ))iitriotisin  ;  and  concliisivi- 
ly  show  nut  only  t'lat  Ihiie  wiis  not  one  which 
hull  not  sonic  contrivimce,  under  some  form,  }>y 
wliicti  the  <'.ncurrinn  ns.«ent  of  tlie  dillerent 
jiortions  of  ilie  eoniiinniity  wiw  niaile  necessaf  y 
in  the  aeti";  of  novernniont,  hut  also  tliiit  tlii' 
virt'ie,  jiiiti  i'lisni,  and  strength  of  the  Btat 
Mei'  in  direct  proportion  to  tin?  stren/.h  of  th 
means  ol'  seciirin^;  snch  Rssent.  In  !.>timiUinj- 
the  operation  of  this  pnaci")'-  in  om  system, 
wliich  (lei)eniH.  as  he  had  pi.ited,  on  t!.>  ripht 
of  interposition  'O  the  pari,  I't'  the  8ta!i\  've 
must  not  omit  i(  take  intij  t  :vnsideration  the 
ninendinf;  i)ov  ;.r,  \>y  which  new  jwwers  may  be 
granted,  or  .luy  deranpement  of  the  :•'. -tern  1 
corrected,  by  the  '■'  ucurrinp  .■i.>,'fnt  of  thioe- 
i'ourtlN  of  tiie  iStates ;  and  tlum,  in  (he  suine 
d"<?rte,  strenntheninn;  the  power  of  lepu.ring 
any  derangement  occasioned  Ly  tlie  (.xeciUive 
fiction  of  a  Stnte.  in  fact,  the  power  of  inti."- 
p^i'iition,  fiiirlv  understood,  may  be  considered 
In  tlie  ligln  «4'an  appeal  against  the  usurpations 
( f  the  geu'jral  government^  the  joint  agent  oi  all 
<M-i  States,  in  the  States  themselves,  to  !)<•  de- 
cided, undtr  the  amending  power,  affirmatively, 
in  favor  of  the  government,  by  the  voici;  of 
three-fourihs  of  the  States,  as  the  highest  power 
known  under  the  .system. 

"  Mr.  C.  said  that  he  knew  the  difficult}',  in 
our  country,  of  establishing  the  truth  of  the 
jirinciple  for  which  he  contended,  though  rest- 
ing upon  the  clearest  reason,  and  tested  by  the 
universal  experience  of  free  nations.  He  knew 
that  the  governments  of  the  several  States  would 
be  cited  as  an  argument  against  the  conclusion 
to  which  he  had  arrived,  and  which,  for  the 
most  part,  were  constructed  on  the  principle  of 
the  absolute  majority ;  but,  in  his  opinion,  a 
satisfactory  answer  could  be  given ;  that  the 
objects  of  expenditure  which  fell  within  the 
sphere  of  a  State  government  were  few  and  in- 
considerable ;  60  that,  bo  their  action  ever  so 
irregular,  it  could  occasion  but  little  derange- 
ment. If,  instead  of  being  members  of  this 
great  confederacy,  they  formed  distinct  commu- 
nities, and  were  compelled  to  raise  armies,  and 
incur  other  expenses  neces.sary  for  their  defence, 
the  laws  which  he  had  laid  down  as  necessarily 
controlling  the  action  of  a  State,  where  the  will 
of  an  absolute  and  unchecked  majority  prevailed, 
would  speedily  disclose  themselves  in  faction, 
anarchy,  and  corruption.  Even  as  the  ciise  is, 
the  operation  of  the  causes  to  which  he  had  re- 
ferred were  perceptible  in  some  of  the  larger 
and  more  populous  members  of  the  Union,  who.se 
governments  had  a  powerful  central  action,  and 
which  already  showed  a  strong  tendency  to  that 
moneyed  action  which  is  the  invariable  forerun- 
ner of  corruption  and  convulsions. 

"  lint  to  return  to  the  general  government ; 
we  have  now  sufficient  experience  to  ascertain 


that  the  tendency  to  conflict  in  this  artion  ii 
U'tween  Southern  and  other  sections,  'flic  |,,,. 
ter.  liaving  u  decided  majority.  nuLst  haliitmillv 
be  pos.sessed  of  the  jiowers  of  the  gov(rnniii,'r 
Iwith  in  this  and  in  the  other  House;  and,  l«ii|i 
governed  l»v  tliat  instinctive  love  of  |h)\\(  r  s., 
iraiiai  111  t!,./  human  breast,  they  must  htriiiiic 
ilie  iulvt-^att-  ufthi  ;  ower  of  government,  anl 
in  <ha  F.a7iic  iligree  i  ]  jioscd  to  the  limitatii.ns- 
v^h ''.  the  othiT  and  vm  ;iker  section  is  as  n(ii>' 
simiy  -hrowii  on  tSi-  >  ■'<>  of  the  limitations.  In 
ore  wwi'i,  M)f  jnc  *.  iii  m  is  the  natural  guar- 
iisn  ■/.  the  .le.^gtttii  ( ..vver.s,  and  the  other  i,;' 
1  he  reserved;  and  tin  :^=truggle  on  the  side  i,i 
".;D  former  will  be  to  enlarge  the  powers,  wliilt; 
tliat  on  the  oj.posite  siife  will  be  to  rustrain 
them  within  their  consUtutional  limits.  Tlio 
copvr'st  will,  in  fn^t,  Jit  ^  contest  between  powir 
and  Hbert^ ,  iiii4  ach  h'^  con.sidered  the  priseiit ; 
!i.  contest  m  wiiiiiii  the  weaker  .section,  with  its 
pori)lir.r  '..-•lov,  paductions,  and  situation,  liasnt 
stake  all  1,1 1  can  iit  dear  to  freemen.  ShouM 
the;'  be  able  to  niai.itain  in  their  full  vigor  their 
ie.seived  rights,  liberty  and  prosperity  will  bu 
their  portion ;  but  if  they  yield,  and  permit  the 
stronger  interest  to  consolidate  within  itself  nil 
the  powers  of  the  povernment,  then  will  its  fate 
be  more  wretched  than  that  of  the  aborigines 
whom  they  have  expelled,  or  of  their  shivts. 
In  this  great  struggle  between  the  delegated  ami 
reserved  powers,  so  far  from  repining  that  his  lot 
and  that  of  those  whom  he  represented  isca.stnn 
the  side  of  the  latter,  he  rejoiced  that  such  is  tho 
fact ;  for  though  we  participate  in  but  few  of 
tho  advantages  of  the  govcrmnent,  we  are  com- 
pensated, and  more  than  compensated,  in  not 
being  so  much  exposed  to  its  corruption.  Nor 
did  he  repine  that  the  duty,  so  diHicult  to  be 
discharged,  as  the  defence  of  the  reserved  powers 
against,  apparently,  such  fearful  odds,  had  been 
assigned  to  them.  To  discharge  successfully 
this  high  duty  requires  the  highest  qualities, 
moral  and  intellectual ;  and,  should  you  perforii; 
it  with  a  zeal  and  ability  in  proportion  to  its 
magnitude,  instead  of  being  mere  jjlanters,  out 
section  will  become  distinguished  for  its  patriots 
and  statesmen.  But,  on  tho  other  hand,  if  \re 
prove  unworthy  of  this  high  destiny,  if  we  yield 
to  the  steady  encroachment  of  power,  the  se- 
verest and  most  debasing  calamity  and  corrup- 
tion will  overspread  the  land.  Every  Southern 
man,  true  to  the  interests  of  his  section,  ami 
faitliful  to  the  duties  which  Providence  has 
allotted  him,  will  be  for  ever  excluded  fiom  the 
'honors  and  emoluments  of  this  government, 
which  will  be  reserved  for  those  only  who  have 
qualified  themselves,  by  political  prostitution, 
for  admission  into  the  Magdalen  Asylum." 

In  this  extract  from  that  remarkable  speech, 
the  first  one  in  which  Mr.  Calhoun  defended 
nullification  and  secession  in  the  Sentite,  and  in 
which  every  word  bears  the  impress  of  intense 
thought,  there  is  distinctly  to  be  seen  his  opin- 


ANNO  15.33.     ANDKKW  JA<  KsnN.  I'UI>II>KNT. 


3.17 


;ii  of  the  lU ficts  of  oiir  iliipiicato  fonn  of  po- 
uniinL'iit  (State  and  ftvlcral),  and  of  thu  rcmiily 
f,r  tliose  difctts.  I  say,  in  our  form  of  jroveni- 
lutut;  for  Ins  .«[K.'i.ch  had  a  practical  applicatiuu 
ic  ourselves,  and  was  a  defence,  or  jnstitiratior 
,  ftheactna!  measures  of  the  State  he  leprcsented. 
And  this  defect  was, //id  ititchtckiJ  uiilhorily 
fa  major  il  1/ ;  and  the  remedy  \\a.^,  un  nu- 
ilwi'ilij  ill-  the  tiiinorilij  to  check  that  mnjoritij, 
ami  Id  scciile.  This  clearly  was  an  absolute 
ciiivlemnation  of  the  fundamenta.  [  rinciple  upon 
ffliich  tho  iidministration  of  the  federal  consti- 
iiition.  and  ot  ihc  State  constitutions  rested. 
Hut  he  did  not  limit  himself  to  the  benefits  of 
the  veto  and  of  secession,  as  shown  in  Koman 
history ;  he  had  recourse  to  the  Jewish  for  the 
same  purpose — and  found  it — not  in  a  fe/o  in 
each  of  the  twelve  tribes,  but  in  tho  right  of 
secession ;  and  found  it,  not  in  the  minoritj',  but 
the  majority,  in  the  reign  of  Jeroboam,  when 
ten  tribes  seceded.  That  example  is  thus  intro- 
duced :    ■ 

"  Among  the  few  exceptions  in  the  Asiatic 
nations,  the  government  of  the  twelve  tribes  of 
Israel,  in  its  early  period,  was  the  most  striking. 
Their  government,  at  first,  was  a  mere  confedera- 
tion, without  any  central  power,  till  a  military 
chieftain,  with  the  title  of  king,  was  placed  at 
its  head,  without,  however,  merging  the  original 
organization  of  the  twelve  distinct  tribes.  This 
was  tho  commencement  of  that  central  action 
among  that  peculiar  people,  which,  in  three 
generations,  terminated  in  a  permanent  division 
of  their  tribes.  It  is  impossible  even  for  a  care- 
less reader  to  peruse  the  history  of  that  event 
without  being  forcibly  struck  with  the  analc^ 
ill  the  causes  which  led  to  their  separation,  and 
tiiose  which  now  threaten  us  with  a  similar 
calamity.  AVith  tho  establishment  of  the  central 
power  in  the  king  commenced  a  system  of  tax- 
ation, which,  under  king  Solomon,  was  greatly 
increased,  to  defray  the  expense  of  rearing  the 
temple,  of  enlarging  and  embellishing  Jerusalem, 
the  seat  of  the  central  government,  and  the  other 
profuse  expenditures  of  his  magnificent  reign, 
increased  taxation  was  followed  by  its  natural 
consequences^-discontent  and  complaint,  which 
before  his  death  began  to  excite  resistance.  On 
the  succession  of  his  son,  Kehoboam,  the  ten 
tribes,  headed  by  Jeroboam,  demanded  a  re- 
duction of  the  taxes ;  the  temple  being  finished, 
and  the  embellishment  of  Jerusalem  completed, 
and  tho  money  which  had  been  raised  for  that 
purpose  being  no  longer  required,  or,  in  other 
words,  the  debt  being  paid,  they  demanded  a 
reduction  of  tho  duties — a  repeal  of  the  tariff. 
Tlie  demand  was  taken  under  consideration,  and, 
ifter  consulting  the  old  men  (tho  counsellors  of 
'98),  who  advised  a  reduction,  he  then  took  the 

Vol.  I.— 22 


opinion  of  thi'  younfT  jiolitiriano,  who  had  sinrc 
frrown  up,  iiiid  knew  imt  the  dix-trinc-i  of  their 
t'atluTS.  lie  hearkened  unto  their  coun-'cl,  and 
rcfu-^ed  to  make  tin-  rcdiietinn  ;  and  the  scce-^sinii 
of  the  ten  tribes,  iindcr  ilero))(>nni.  liilli)'.\c<i. 
The  tribes  of  Jiiiiih  r.r.d  liiiijuiuin,  winch  had 
received  the  disburx'iiientii,  iiloiie  remained  to 
the  house  of  David." 

This  example  also  had  a  practical  application, 
and  a  scjuint  at  the  Virginia  resolutions  of  '98- 
"J9,  and  at  the  military  chieftain  then  at  the 
head  of  oiir  government,  with  a  broad  intimation 
of  what  was  to  happen  if  the  taxes  were  not 
reduced ;  and  that  hapiK.'ncd  toljo  seci  union.  And 
all  this,  and  the  elaborate  speech  from  which  it 
is  taken,  and  many  others  of  the  same  ehuracter 
at  the  same  time,  was  delivered  at  a  time  when 
the  elections  had  decided  for  a  reduction  of  tho 
taxes — when  a  bill  in  tho  House  was  under  con- 
sideration for  that  purpose — and  when  his  own 
"  compromise  "  bill  was  in  a  state  of  concoction, 
and  advanced  to  a  stage  to  assure  its  fiu'il  pass- 
ing.    Strong  must  have  been   Mr.  Calhoun's 
desire  for  his  favorite  remedy,  when  ho  could 
contend  for  it  under  such  circumstances — under 
circumstances  which  showed  that  it  could  not 
be  wanted  for  the  purpose  which  he  then  avowe«l. 
Satisfied  of  the  excellence,  and  even  necessity  in 
our  system,  of  this  remedy,  the  next  question 
was  to  create  it,  or  to  find  it ;  create  it,  by  an 
amendment  to  tho  constitution ;  or  find  it  already 
existing  there ;  and  this  latter  was  done  by  a 
new  reading  of  the  famous  Virginia  resolutions 
of  '98-'99.     The  right  in  any  State  to  arrest  an 
act  of  Congress,  and  to  stay  it  until  thix'o  fourths 
of  the  States  ordered  it  to  proceed,  and  with  a 
right  forcibly  to  resist  if  any  attempt  was  made 
in  the  mean  time  to  enforce  it,  with  the  correla- 
tive right  of  secession  and  permanent  separation, 
were  all  found  by  him  in  these  resolutions — the 
third  especiallj',  which  was  read,  and  commented 
upon  for  the  purpose.    Mr.  Rives,  of  Virginia, 
repulsed  that  interpretation  of  the  act  of  his 
State,  and  showed  that  an  appeal  to  public  opin- 
ion was  all  that  was  intended ;  and  quoted  the 
message  of  Governor  Monroe  to  show  that  tho 
judgment  of  the  federal  court,  under  one  of  tho 
acts  declared  to  be  unconstitutional,  was  carried 
mto  effect  in  the  capital  of  Virginia  with  the 
order  and  tranquillity  of  any  other  judgment. 
He  said : 

"But,  sir,  the  proceedings  of  mv  State,  on 
another  occasion  of  far  higher  importance,  have 


'         \      'C 


%Q 


3.",.' 


TMIKTV  YKAKS-  \IK\\'. 


IS 


iM'cn  hn  fiTqiictitly  rcfiTri'cl  t".  in  the  roiirsc  of 
tlii.-t  (Ic'hiitf,  as  III!  i'yiiiii|ik'  t<> Justify  llic  present 
jirorcciliiiy^^  of  Sdiitii  ("urnlina.  that  I  nmy  hv 
f\(Misi'(i  fir  Hiiyiii;<  hoinctliiiitr  of  tliein.  W))at, 
tlit;n,  wim  till!  (■(itiijiict  of  Virginia,  in  the  nie- 
iiioriihle  I'm  of  ".'M  un<l  ".*'.»  ?  She  Holenmly  pro- 
tt'hted  apiiiisl  the  alien  nnit  sedition  a<'ts.  as 'pal- 
pable and  ulanninK  infrnctioim  of  tlic  constitu- 
tion;' Hhc  coniinunicnted  that  protest  to  tJie 
other  States  of  the  I'nion,  and  earnestly  apjiealed 
to  them  to  unite  with  her  in  a  like  declaration, 
that  this  <kdil)erate  and  solemn  expression  of  the 
opinion  of  the  States,  as  parties  to  the  constiti> 
lionai  comjjact,  should  have  its  proper  effect  on 
the  councils  of  the  nation,  in  prcx-urinp;  a  revi- 
sion and  repeal  of  the  obnoxious  acts.  This 
was 'the  head  and  front  of  heroflending' — no 
more.  The  whole  object  of  the  proceedings  was. 
by  the  peaceful  force  of  public  opinion,  cmbodieci 
through  the  organ  of  the  State  legislatures,  to 
obtain  a  repeal  of  the  laws  in  question,  not  to 
oppose  or  arrest  their  execution,  while  they  re- 
mained unrepealed.  That  this  was  the  true 
spirit  and  real  purpose  of  the  proceeding,  is 
abundantly  manifested  by  the  whole  of  the  able 
debate  which  took  place  in  the  legislature  of  the 
State,  on  the  occasion.  All  the  speakers,  who 
advocated  the  resolutions  which  were  finally 
adopted,  distinctly  placed  them  on  that  legiti- 
mate, constitutional  ground.  I  need  only  refer 
to  the  emphatic  dcclaratio.i  of  John  Taylor,  of 
Caroline,  the  distinguished  mover  and  able 
champion  of  the  resolutions.  He  said  '  the  ap- 
peal was  to  public  opinion ;  if  that  is  against 
us,  we  must  yield.'  The  some  sentiment  was 
avowed  and  maintained  by  every  friend  of  the 
resolutions,  throughout  the  debate. 

"But,  sir,  the  real  intentions  and  policy  of 
Virginia  were  proved,  not  by  declarations  and 
speeches  merely,  but  by  facts.  If  there  ever 
was  a  law  odious  to  a  whole  people,  by  its 
daring  violation  of  tiie  fundamental  guaranties 
of  public  liberty,  the  freedom  of  speech  and  free- 
dom of  the  press,  it  \v  as  the  sedition  law  to  the 
people  of  Virginia.  Yet,  amid  all  this  indignant 
dissatisfaction,  after  the  solemn  protest  of  the 
legislature,  in  '98,  and  the  renewal  of  that  pro- 
test, in  '99,  this  most  odious  and  arbitrary  law 
was  peaceably  carried  into  execution,  in  the 
capital  of  the  State,  by  the  prosecution  and  pun- 
ishment of  Gallendcr,  who  was  fined  and  im- 
prisoned for  daring  to  canvass  the  conduct  of 
our  public  men  (as  Lyon  and  Cooper  had  been 
elsewhere),  and  was  still  actually  imprisoned, 
when  the  legislature  assembled,  in  December, 
1800.  Notwithstanding  the  excited  sensibility 
of  the  public  mind,  no  popular  tumult,  no  legis- 
lative interference,  disturbed,  in  any  manner,  the 
full  and  peaceable  execution  of  the  law.  The 
Senate  will  excuse  me,  I  trust,  for  calling  their 
attention  to  a  most  forcible  commentary  on  the 
true  character  of  the  Virginia  proceedings  of  '98 
and  '99  (as  illustrated  in  this  transaction),  which 
was  contained  in  the  official  communication  of 
Mr.  Monroe,  then  Governor  of  the  State,  to  the 


I  legiMlature,  nt  its  nssembling,  in  ncoember.  iHuo, 

I  After  referring  to  the  (listribution  which  haij 

I  lieen  onleied  to  Iw  ma<le  among  the  |Koplf,  ot 

I  -Mr.  Madifon's  celcl)rated  report,  of  ".»'.i,  he  n.ivh 

!  '  In  connection  with  this  subject,  it  is  pro|p<r  to 

add,  that,  since  your  last  session,  the  seditidn 

law,  one  of  the  acts  complained  of,  ha.H  Ixtii  rnr- 

ried   into  «'frect,  in  this  commonwealth,  by  the 

derision  of  a  federal  court.     I  notice  this  event. 

not  with  a  view  of  censuring  or  criticising  it| 

The  transaction  has  pone  to  the  worUl,  and  ilm 

impartial  will  judge  of  it  as  it  deserves.    I  n,,. 

tice  it  for  the  purpose  of  remarking  that  the 

decision  was  t?xecuted  with  the  same  order  and 

tranquil  submission,  on  the  part  of  the  peojile, 

11=  could  have  been  shown  by  them,  on  a  similar 

occasion,  to  any  the  most  necessary,  const itu- 

tional,  and  popular  acts  of  the  government.' " 

Mr.  Webster,  in  denying  the  dcrlvatidn  of  nul- 
lification and  secession  from  the  constitutio.i, 
said: 

"The  constitution  does  not  provide  for  events 
which  must  be  pnccded  by  its  own  destruction, 
Secession,  therefore,  since  it  must  bring  these 
consequences  with  it,  is  revolutionary.  And 
nullification  is  equally  revolutionary.  What  is 
revolution  ?  Why,  sir,  that  is  revolution  which 
overturns,  or  controls,  or  successfully  resists  the 
existing  public  authority ;  that  which  arrests 
the  exercise  of  the  supreme  power ;  that  which 
introduces  a  new  paramount  authority  into  the 
rule  of  the  state.  Now,  sir,  this  is  the  precise 
object  of  nullification.  It  attempts  to  supersede 
the  supreme  legislative  authority.  It  arrests 
the  arm  of  the  Executive  Magistrate.  It  inter- 
rupts the  exercise  of  the  accustomed  judicial 
power.  Under  the  name  of  an  ordinance,  it  de- 
clares null  and  void,  within  the  State,  all  the 
revenue  laws  of  the  United  States.  Is  not  this 
j-evolutionary  ?  Sir,  so  soon  as  this  ordinance 
"iivll  be  carried  into  eflect,  a  revolution  will  have 
commenced  in  South  Carolina.  She  will  have 
thrown  off  the  authority  to  which  her  citizens 
have,  heretofore,  been  subject.  She  will  have 
declared  her  own  opinions  and  her  own  will  to 
be  above  the  laws,  and  above  the  power  of  those 
who  are  intrusted  with  their  administration. 
If  she  makes  good  these  declarations,  she  is  re- 
volutionized. As  to  her,  it  is  as  distinctly  a 
change  of  the  supreme  power  as  the  American 
Revolution,  of  1 776.  That  revolution  did  not 
subvert  government,  in  all  its  forms.  It  did  not 
subvert  local  laws  and  municipal  administra- 
tions. It  only  threw  off  the  dominion  of  a  power 
claiming  to  be  superior,  and  to  have  a  right,  in 
many  important  respects,  to  exorcise  legislative 
authority.  Thinking  this  authority  to  have 
been  usurped  or  abused,  the  American  colonies, 
now  the  United  States,  bade  it  defiance,  ami 
freed  themselves  from  itj  by  means  of  a  revolu- 
tion. But  that  revolution  left  them  with  their 
own  municipal  laws  still,  and  the  forms  of  local 
government    If  Carolina  now  shall  ctfectuali; 


I     i 


AXXO  ISan.     ANDUEW  J.\r'K-ON.   I'ltr.siniTNT. 


339 


re.ist  thr  1hw<j  of  Conprrf? — if  fhc  chnll  ho  her  ' 
iwn  jii'luc,  lako  liiT  niiiiily  into  hiTuwii  liumls, 
,,l)cy  tti'.'  laws  (if  the  I  iii'iu  wlii'ii  hhe  iiU'u.-'i'S.  ! 
»ii(l  (lifioliey  tlu'in  wlirn  she  jili'iiscs — Aw  will  i 
filifve  hiT8('lf  from  u  |iiir;iii)<iurit  imiwit,  ax  ilis-  i 
tinitly  as  rlid  tlii'  Aintriciiii  (•oloiiif:*,  in  17"<''.  | 
In  (ith<T  wordji,  shi'  will  achieve,  on  to  herBi'lf,  a 
revolution." 

Tlie  speaker  then  i>ro<ecdcfl  to  show  what 
niiilillcation  waa,  as  reiluced  to  prnotice  in  tlic 
oriliiianco,  and  other  procwdinp^^  i  .South  Caro- 
lina ;  suid  said : 

"But,  sir,  while  practical  ntdliflcntion  in 
Smith  Carolina  wotdd  '-<e,  as  to  herself,  actual 
and  distinct  revohitioii,  its  necessary  tendency 
must  also  be  to  spread  revolution,  and  to  break 
ii{i  the  constitution,  as  to  all  tho  other  .States. 
I  strikes  a  deadly  blow  at  the  vital  principle  of 
ilif  whole  Union.  To  allow  State  resistance  to 
the  laws  of  Congress  to  Ikj  rightful  and  proper, 
'0  admit  nullification  in  sonic  States,  and  yet 
not  expect  to  sec  a  dismemberment  of  the  en- 
tire government,  appears  to  me  the  wildest  illu- 
fiun  and  the  most  extravagant  folly.  The  gen- 
il.man  seems  not  conscious  of  the  direction  or 
the  rapidity  of  his  own  course.  The  current  of 
his  opinions  sweeps  him  along,  he  knows  not 
whither.  To  begin  with  niUlification,  with  the 
avowed  intent,  nevertheless,  not  to  proceed  to 
ficcssion,  dismemberment,  and  general  revolu- 
tion, is  as  if  one  were  to  take  the  phmge  of 
Niagara,  and  cry  out  that  he  would  stop  half- 
wiiy  down.  In  the  one  case,  as  in  the  other, 
the  rash  adventurer  must  go  to  the  bottom  of 
the  dark  abyss  below,  were  it  not  that  that 
abyss  has  no  discovered  bottom. 

'"  Nullification,  if  successful,  arrests  the  power 
of  the  law,  absolves  citizens  from  their  duty, 
subverts  the  foundation  both  of  protection  ana 
obedience,  dispenses  with  oaths  and  obligations 
of  allegiance,  and  elevates  another  authority  to 
supreme  command.  Is  not  this  revolution  ? 
And  it  raises  to  supremo  command  four-and- 
twenty  distinct  powers,  each  professing  to  be 
under  a  general  government,  and  yet  each  set- 
ting its  laws  at  defiance  at  pleasure.  Is  not 
this  anarchy,  as  well  as  revolution  1  Sir,  the 
ounstitution  of  the  United  States  was  received 
a-:  a  whole,  and  for  the  w^hole  country.  If  it 
amnot  stand  altogether,  it  cannot  stand  in 
piirts ;  and,  if  the  laws  cannot  be  executed 
every  where,  they  cannot  long  be  executed  any 
where.  The  gentleman  very  well  knows  that 
all  duties  and  imposts  must  be  uniform  through- 
out the  country.  He  knows  that  we  cannot 
have  one  rule  or  one  law  for  South  Carolina, 
and  another  for  other  States.  He  must  see, 
therefore,  and  does  see — every  man  sees — that 
the  only  alteraative  is  a  repeal  of  the  laws 
throughout  the  whole  Union,  or  their  execution 
in  Carolina  as  well  as  elsowhere.  And  this  re- 
peal is  demanded,  because  a  single  State  inter- 
poses her  veto,  and  threatens  resistance  !    The 


restilt  of  the  jrrntlrmnn's  opinions,  or  mthrr  tho 
very  text  of  hi.*  d<N-trini'.  in.  that  im  net  "•t"('i.ii- 
grisscan  bind  all  the  Stales,  llic  rnnhtitiiliuiial:- 
ty  (if  wliirli  is  lint  adinilltd  by  all  ;  or,  in  otli'  r 
words,  that  no  siiiL'lc  Slate  is  Imnnd,  ajrainst  its 
own  dissent,  by  ii  law  of  imposts.  This  was 
precisely  the  evil  ex|ietifnc"<l  under  the  old 
ciiiifedenition.  aii'l  for  ri'ineily  of  which  this 
constitution  was  adopted.  The  leading  ohject 
in  establishing  this  goveriinieiit.  an  object  funed 
on  the  country  by  the  ciinditinn  of  the  tintes, 
and  the  absolute  neci-ssity  of  the  law.  wus  to 
give  to  Congress  jMiwtr  to  lay  and  collect  im- 
posts without  the  consent  of  particvdar  States. 
The  revolutionary  debt  remained  unpaid  ;  the 
national  tii'asnry  was  bankrupt  ;  the  c<iuntry 
was  destitute  of  credit  ;  Conirrcss  issued  its 
requisitions  on  the  .States,  and  the  States  neg- 
lected them  ;  there  was  no  power  cf  coercion 
but  war;  Congress  could  not  lay  imposts,  or 
other  taxes,  by  its  own  authority ;  the  whole 
general  government,  then-fore,  wus  little  more 
than  a  name.  The  articles  of  confederation,  as 
to  purposes  of  revenue  and  finance,  were  nearly 
a  dead  letter.  The  country  soiiglit  to  escape 
from  this  condition,  at  once  feeble  and  disgrace- 
ful, by  constituting  a  government  which  shoidd 
have  power  of  itself  to  lay  duties  and  taxes,  and 
to  pay  the  public  debt,  and  provide  for  the  gen- 
eral welfare  ;  and  to  lay  these  duties  and  taxes 
in  all  the  States,  without  asking  the  consent 
of  the  State  goverments.  This  was  the  very 
power  on  which  the  new  constitution  was  to  de- 
pend for  all  its  ability  to  do  good ;  and,  without 
it,  it  can  lie  no  government,  now  or  at  any  time. 
Yet,  sir,  it  is  precisely  against  this  power,  so 
absolutely  indispensable  to  the  very  Ixing  cif 
the  government,  that  South  Carolina  directs  her 
ordinance.  She  attacks  the  government  in  its 
authority  to  raise  revenue,  the  very  mainspring 
of  the  whole  system  ;  and,  if  she  succeed,  every 
movement  of  that  system  nmst  inevitably  cease. 
It  is  of  no  avail  that  she  declares  that  she  does 
not  resist  the  law  as  a  reventio  law,  but  as  a 
law  for  protecting  manufactures.  It  is  a  reve- 
nue law ;  it  is  the  very  law  by  force  of  which 
the  revenue  is  collected ;  if  it  be  arrested  in  any 
State,  the  revenue  ceases  in  that  State ;  it  is,  in 
a  word,  the  sole  reliance  of  the  government  for 
the  means  of  maintaining  itself  and  perlbrming 
its  duties." 

Mr.  Webster  condensed  into  four  bWef  and 
pointed  propositions  his  opinion  of  the  nature 
of  our  federal  government,  as  being  a  Union 
in  contradistinction  to  a  League,  and  as  acting 
upon  INDIVIDUALS  in  contradistinction  to  States, 
and  08  being,  in  these  features  discriminated 
from  the  old  confederation. 

"  1.  That  the  constitution  of  the  United  States 
is  not  a  league,  confederacy,  or  compact,  between 
the  people  of  the  several  States  in  their  .sove- 
reign   capacities ;    but  a  government    proper, 


fr; 


';;:- 


%(m  :^ 


■  -ft.'  'i, 


340 


limiTY  VKAIW  VIKW. 


1,.* 


fiiiiidrd  on  thv  mlojitiiin  nf  the  |¥'nj)Ic,  nml 
« r>'!iiiii'/  ilirvct  rcliiticiiiH  ln'twci'ii  it^iH' iiii'l  in- 
(li\iiliiitl^. 

'  L'.  '1  liJi(  j!ii  Stuff  niitliority  hft«  iH)\vor  toilix- 
^lll\^  (lifric  rcliiti)>iis  ;  that  iintlmi::  ciiri  fli.s-inlvi' 
tiii'in  liiit  ri'voliitiiiii  ;  an<l  tliat,  i-i>iiHi'i|iit'iill,v, 
tliiTi'  Clin  U)  uu  ttucli  thing  ua  KeiTi<«iiiii  without 

"'•i.  'I'hat  then-  iw  a  i>iij(reim'  hiw.  cmisistinn 
111'  thf  ctiiiNtitiitloii  of  the  rniU'ii  .StatfH,  act-  "I' 
('oiipieHH  |i,'kHsi-(|  in  piirsiiaiico  of  it,  and  tri'Ji- 
iK'H  ;  anil  thnt,  in  cases  not  cinmhle  (»f  assuniinfr 
tht;  character  (f  u  suit  in  hiw  or  erpiity,  Con- 
(cress  nniHt  ju<l<ro  of,  uiul  iinaily  interpret,  thin 
supreme  law,  ho  often  a«  it  has  occasion  to  pasH 
acts  of  le^'isl.-ition  ;  and,  in  (Nises  capable  of  as- 
suniinj;,  un<l  actually  assuinin^r,  the  character  of 
a  suit,  the  Suj)renu'  <'(iurt  of  tho  United  Stotcs 
!•<  the  tinal  interpreter. 

'■4.  'I'hat  un  attempt  hy  a  State  to  abrogate, 
annid,  or  nullify  on  act  of  Conjiress,  or  to  arrest 
its  (>]ieration  within  Iut  limits,  on  the  ground 
that,  in  hT  opinion,  such  law  is  unconstitu- 
tional, is  a  direct  usurpation  on  the  just  powers 
of  the  jreneral  povcrnment,  and  on  the  eijual 
ri;i;hts  of  other  States  ;  u  plain  violation  of  the 
constitution,  and  a  proceeding  essentially  revo- 
lui  unary  in  its  character  and  tendency." 

Mr.  Webster  concluded  his  speech,  an  elabo- 
rate and  able  one,  in  which  he  api)eared  in  the 
hi}ih  character  of  patriot  still  more  than  that  of 
orator,  in  which  he  intimated  that  some  other 
ciusc,  besides  tho  alleged  one,  must  be  at  the 
bottom  of  this  desire  for  secession.  He  was 
explicit  that  tho  world  could  hardly  believe  in 
such  a  reason,  and  that  we  ourselves  who  hear 
and  see  all  that  is  said  and  done,  could  not  be- 
lieve it.    lie  concluded  thus : 

"  Sir,  the  world  will  scarcely  believe  that  this 
whole  controversy,  and  all  the  desperate  mea- 
8«ies  which  its  support  requires,  have  no  other 
foundation  than  a  dillerence  of  opinion,  upon  a 
l)rovision  of  the  constitution,  between  a  majori- 
ty of  the  people  of  South  Carolina,  on  one  side, 
and  a  vast  majority  of  tho  whole  people  of  the 
United  States  on  the  other.  It  will  not  credit 
the  fact,  it  will  not  admit  the  possibihty,  that, 
in  an  enlightened  age,  in  a  free,  popular  repub- 
lic, under  a  government  where  tho  people  gov- 
ern, as  they  must  always  govern,  under  such 
systems,  by  majorities,  at  a  time  of  unprece- 
dented happiness,  ithout  practical  oppression, 
without  evils,  such  as  may  not  only  be  pretend- 
ed, but  felt  and  experienced  ;  evils  not  slight  or 
temporary,  but  deep,  permanent,  and  intolera- 
ble ;  a  single  State  should  rush  iuto  conflict 
with  all  the  rest,  attempt  to  pu;  down  the 
power  of  the  Union  by  her  own  laws,  and  to 
support  those  laws  by  her  military  power,  and 
thus  break  up  and  destroy  the  world's  last 
hope.    And  well  the  world  may  be  incredulous. 


We,  who  hrnr  aiwl  we  it.  ran  otirMWen  harll) 
yet  iM'lieve  it.  Kven  aft*  rail  that  had  pr<i..|'. 
ed  it,  fhi.s  ordinance  >.tnick  the  coiuitry  vi  i, 
nniazemiiit.  It  whm  incre<iililo  and  inconri'i\., 
Iile.  that  South  Carolina  should  thutt  pluiiL'^. 
heaillong  into  lesistance  to  the  liiws,  on  ti  n^,,). 
ter  of  opinion,  and  on  a  <|Mesti<iii  in  which  \i„. 
pn'|(onderance  of  opinion,  both  of  the  prtHnt 
day  and  of  all  pa.'^t  time.  wa.s  so  ovcrwluliiiin-:. 
ly  against  her.  The  ordinance  dtclares  tlmt 
C'ongresH  has  exceeded  its  just  jiower,  by  iiiyirn,' 
duties  on  iinpr)rts,  intended  for  the  piotecli.,;, 
of  manufactures.  This  is  tho  opinion  of  Smith 
Carolina  ;  ami  on  the  strength  of  tlmt  o|)iiii„ii 
she  nullities  tin;  laws,  'i'et  has  tht,- rest  of  the 
country  no  right  to  its  opinion,-*  also  (  |,^  one 
Stales  to  sit  sole  arbitress  i  She  maintains  that 
tho.so  laws  are  plain,  deliberate,  and  piiliiaM, 
violations  of  the  constitution  ;  that  she  1ms  ;, 
.sovereign  right  to  decide  this  matter ;  and.  tluii, 
having  so  decided,  she  i.s  authorized  to  rc-.<i>'. 
their  execution,  by  her  own  sovereign  powtr; 
and  she  declares  that  .she  w  ill  resist  it,  tlioiii:!) 
such  resistance  should  shatter  the  Union  .jiio 
atoms." 

Mr.  Davis,  of  Mas.sachusetts,  had  been  ftill 
more  explicit,  in  tho  exinession  of  tho  leiitf 
already  given  (in  tho  extract  from  his  spmli 
contained  in  this  work),  that  the  discontent  in 
South  Carolina  had  a  root  deeper  than  that  ot' 
tho  tariff;  and  General  Jackson  intimated  ihi' 
same  thing  in  his  message  to  the  two  Ilout^cs  on 
the  South  Carolina  ]iroceedings,  and  in  wliicli 
he  alluded  to  the  ambitious  and  personal  feelings 
which  might  be  involved  in  them.  Certainly  it 
was  absolutely  incomprehensible  that  this  doc- 
trine of  nullification  and  secession,  prefigured  in 
the  Roman  accession  to  the  sacred  mount,  and 
tho  Jewish  disruption  of  the  twelve  tribes,  shoulj 
bo  thus  enforced,  and  impressed,  for  that  cau.'ie 
of  tho  tariff  alone ;  when,  to  say  nothing  of  the 
intention  of  the  President,  tho  Congress  and  tlie 
country  to  reduce  it,  Mr.  Calhoun  himself  had 
provided  for  its  reduction,  satisfactorily  to  him- 
self, in  the  act  called  a  "  compromise ; "  to  which 
ho  was  a  full  contracting  party.  It  was  impos- 
sible to  believe  in  the  soleness  of  that  reason,  in 
tho  presence  of  circumstances  which  annulled  it ; 
and  Mr.  Calhoun  himself,  in  a  part  of  his  spcccii 
which  had  been  quoted,  seemed  to  reveal  s 
glimpse  of  two  others — slavery,  about  which 
there  was  at  that  time  no  agitation — and  the 
prtsidency,  to  which  patriotic  Southern  men 
could  not  be  elected.  Tho  glimpse  exhibited  of 
the  first  of  these  causes,  was  in  this  scnteuce ; 
"  T/ie  contest  (between  the  North  and  the 
South)  will,  in  fact,  be  a  contest  between  power 


ANNO  1838.     AM>KEW  JArK.SON',  PRf^IPFNT. 


341 


'ery,  about  which 


ujiil  lif>erlij,  II lid  mtch         roniiiilfreit  the  ]>ri-  j 
tent;  a  content  in  irhn  'i   the  vriikir  Hirlion, 
I,  (7A  iln  pKuUar  lalmr.  proiluctitniH  iinii  m'tii- 
iilimi,  lum  lit  ttnkf  nil  that  imliiir  to  fn'nnrii."' 
lliTO  in  a  (lii>tinct  dcclnration  llint  thore  was  j 
tht'M  a  conti'st  liotwwn   \hv  two  sirtioii.  <>f  the 
Iiiion,  nnd  tli!»t  llmt  conli'st  A'asbclwcvii  [lowcr 
and  liUrty,  in  wliich  the  fr-ecfloin  niid  tiic  slave 
[imiitTty  of  till.'  Sotitii  wvTii  nt  ntnitc.     'i'his  «li'-  \ 
,  l;ir.itioii  at  tlio  time  nttrnrttd  Imt  littk'  nttcn- ' 
tiiin,  tluTo  beiii^  then   im   sijrn  of  ,:»  f^iiivcry  ! 
;i;;it;iti<iti ;    but   to  close   otwcrvcrs    it    was   nn  ' 
niiiiiioua  revelation  of  soiiiotiiiu^  to  couu',  and  an  i 
apiiarent  Inyinp;  on  anchni   to  windward  for  n 
luw  notation  on  a  \v;\y  sn'ijort,  after  tho  tariff 
«iu!  done  with.     The  Hccond  intinmlion  whidi 
lie  pavo  out,  an<l  wliich  r'jfi'rrifl  to  the  exdusion 
of  tlie  patriotic  men  of  the  isoiuh  from  the  presi- 
dency was  in  thia  sunccncc:  '^  Ecenj  iioutherii 
i'.an,trneto  t/ie  interests  of  kin  section,  and 
thilliful  to  the  duties  irhic/i  Providence  Ivm 
allotted  him,  wilt  be  forever  excluded  from  the 
honors  and  emoluments  of  this  gnvernmeut, 
vhich  will  be  reserved  for  those  onlij  who  have 
jHulifed  themselves,  by  political  prostitution, 
fir  admission   into  the  Mitgdnlen  asylum." 
This  was  bitter ;  pnd  while  revealinj»  his  own 
falinss  at  the  pros[iect  of  his  own  failure  for 
the  presidency  (which  from  the  brifrhtncsa  of 
t!ic  noon-day    sun  was  dimning  down  to  the 
olt5curity  of  dark  night),  was,  at  the  same  time, 
iiujust,  and  contradicted  by  all  history,  previous 
arid  subsequent,  of  our  national  elections ;  ond 
by  his  own  history  in  connection  with  them. 
The  North  had  supported  Southern   men  for 
President — a  long  succession  of  them — and  even 
twice  concurred  in  dropping  a  Northern  Presi- 
dent at  the  end  of  a  single  term,  and  taking  a 
Southern  in  'lis  place     IIo  himself  had  had 
fignal  proofs  of  good  will  from  the  North  in  his 
tAco  elections  to  the  vice-presidency ;  in  which 
he  had  been  better  supported  in  the  North  than 
in  the  South,  getting  the  whole  party  vote  in 
'he  former  while  losing  part  of  it  in  the  latter. 
It  was  evident  then,  that  the  protective  tariff 
was  not  the  sole,  or  the  main  cause  of  the  South 
Carolina  discontent ;  that  nullification  and  scces- 
fiion  were  to  continue,  though  their  ostensible 
cause  ceased ;  that  resistance  was  to  continue  on 
a  new  ground,  upon  the  same  principle,  until  a 
new  and  impossible  point  wa.<»  attained.    This 
ivas  declared  by  Mr.  Calhoun  in  his  place,  on  the 


day  of  the  pasMp-  of  the  '*  rompromiw '*  bMl. 
and  on  hmrinp  th;»t  ibo  "  forrp  hill  "  had  flimlly 
passed  the  I Imim- of  l:('prcs«'ntiitivcH.  lie  then 
.stiHxl  ii|i,  and  .•]M)kL'  tliiirt; 

"  llt>  had  f>aid,  timt  as  far  as  this  subject  wua 
coiicinii'tl.  he  bclii'Vfil  that  I't'cc  and  tini'tiiotiy 
woiiMf'ollow.  Itut  tlii'r<>  \*  aiiotlirr  i'oiin»'('t<'l 
with  it.  wliii'h  had  pa-'st'd  tills  limio'.  ninl  wliiili 
hai|Jii«i  Ikth  ivportfilas  h.ivini:|mssi'd  tln'oiljiT, 
wliich  would  pri'Vi'iit  tlie  rt'luiii  of  (|iiii't.  He 
cou>ii(ii'ri'(l  ilu'  iiica-ure  to  which  ho  rflcni'd  ns 
a  virtual  rv\w\\  of  the  c(iii<titution  ;  and.  in  liut. 
worHc  than  a  positive  and  din<'t  repeal  ;  as  it 
woidd  leave  tlie  majority  without  any  ciiaekh  •* 
on  its  power,  while  the  niiiiiiiity, hoping'  toshcl- 
t'.'r  it.'^elf  under  its  protection,  ami  liavini:  still 
s.»nie  respect  left  for  the  instrument,  woiiM  he 
trammelled  without  iK'iitg  profeete<l  by  its  pro- 
vi.-ioiis.  It  would  be  idle  to  attempt  to  di^^;ui^e 
that  the  bill  will  be  a  practical  assertiim  of  one 
theory  of  the  constitution  against  another — tli'i 
theory  advocated  by  the  supporters  of  the  bill, 
that  ours  is  a  consolidated  governiiient.  in  wliii  ti 
the  .States  liave  no  rights,  and  in  which,  in  fact, 
they  bear  the  same  relation  to  the  wt  cile  com- 
munity as  tlie  counties  do  to  the  States  ;  and 
against  that  view  of  the  constitution  which  con- 
siders it  as  a  compact  foruied  by  the  States  a.*) 
separate  comnumitie.s,  and  binditig  between  the 
StaUiS,  and  not  between  the  individual  citiz  "'s. 
No  man  of  candor,  who  admitted  that  onr  con- 
stitution is  a  compact,  and  was  formed  and  is 
binding  in  the  nuinner  he  had  just  stated,  but 
must  acknowledge  that  this  bill  utterly  over- 
throws and  prostrates  the  constitution  5  and 
that  it  leaves  the  government  under  the  contrd 
of  the  will  of  an  absolute  majority. 

"  If  the  measure  be  acquiescetl  in,  it  will  be 
the  termination  of  that  long  controversy  which 
began  in  the  convention,  and  which  has  Lien 
continued  under  various  fortunes  until  the  pre- 
sent day.  But  it  ought  not — it  will  not — it 
cannot  be  acquiesced  in — unless  the  South  is 
dead  to  the  sense  of  her  liberty,  and  blind  to 
those  dangers  which  surround  and  menace  them  5 
she  never  will  cease  resistance  until  the  act  is 
("•asnd  from  the  statute  book.  To  suppose  tlui'. 
'ii'j  r  Titire  power  of  the  Union  may  be  placed  in 
the  iur.ls  of  this  government,  atid  that  all  the 
vm  ;wus  interests  in  this  widely  extended  country 
r;i  ly  be  safely  placed  under  the  will  of  an  un- 
checked majority,  is  the  extreme  of  folly  and 
madness.  The  result  would  be  inevitable,  that 
power  would  be  exclusively  centered  in  the 
dominant  interest  north  of  this  river,  and  that 
all  the  south  of  it  would  be  held  as  subjected 
provinces,  to  be  controlled  for  the  exclusive 
benefit  of  the  stronger  section.  Such  a  state  of 
things  could  not  endure  ;  and  the  constitution 
and  liberty  of  the  country  would  fall  in  the  con- 
test, if  permitted  to  continue. 

"  He  trusted  that  that  would  not  be  the  case, 
but  that  the  advocates  of  liberty  every  where, 


;  i  ^"'^ 


!      J," 


,  1' 


■I* 


«■  ' 


'M-2 


IlllUiV  YKAItV  vii:w. 


u*  Mfll  III  ilif  Niirlli  If  ill  III!'  ><>iiili ;  thnt  th'>«o 
wlio  tiiMiiitiiiiit'il  till-  ilociriiii'H  iif  ''.'H,  anil  thi- 
(iKVi'ii'ijriitii't  of  till'  Sliilf-;  that  tlu*  ri'imliliciiti 
piirtv  tlinMi(.'li()iit  Ihci'iiiintn'  wnnlcl  rHilynpiiiist 
till-*  iktl<'iii|it  to  ('<lu)iliHli,  l>y  litw,  (l<i<'triii('N  wliicli 
iiiiiHt  Hiilivcrt  tilt!  |iriii('i|ilrM  (III  wliii'li  tiw  iiihli- 
liitiiiiis  c'uuld  Ik-  iiiiiintuiiii'il." 

Ilcrt'  wnH  a  ncwilcjmrturi'.  iiimhi  a  now  point. 
i\i*  violi-nt  iiH  till'  fonncr  i'oiii|i!iiint.  lookin;;  to 
tlio  Name  rcinuiiy,  nml  unfuunded  ami  iin{H>.4.sibli>. 
This  force  hill,  wliicli  wbh  a  ri'|M'iil  of  tlio  ron- 
Hliiiitioti,  in  tho  vycs  of  Mr.  (-'HJlioiin,  wns  u 
mere  revival  of  formerly  exisi inn  stntutcn,  and 
could  liave  no  operation,  if  resistance  to  the  tarilF 
laws  ceased.  Yet,  nulliflcii  'on  and  KeceHsion 
were  to  proceed  until  it  was  erased  from  th.i 
sfat>ite  book  J  and  all  tlic  morbid  viewH  of  the 
cont*titiition,  and  of  the  Vir;;inia  resolutions  of 
'08  and  ".)'.),  were  to  hold  their  jilaees  in  Mr.  Cal- 
lioun'.-i  ima(;ination,  and  doniinnte  lii^  conduct  in 
all  Ills  political  action,  imtii  thi:^  statute  was 
erasicd.  IJut  it  is  duo  to  many  of  hi.s  friendu 
and  followers,  to  say  that,  while  concurrinf:f  in 
his  complaints  afrainst  the  federal  povernment, 
and  ill  his  remedies,  they  dissonteil  from  his 
source  of  derivation  of  these  remedies,  lie 
foifl  them  in  the  con'^titution,  shown  to  be 
there  by  the  '!)8-'y9  Virginia  resolutions;  the 
tnanly  sense  of  ^IcDuffic,  and  some  others,  re- 
jected that  sophistry,  and  found  their  justifica- 
tion wholly  in  the  revolutionary  right  of  self- 
defence  from  intolerable  oppression. 


CHAPTER    LXXXV. 

BECRKT  UISTOKVOF  THE  "COMl'HOMISK' 01"  1S33. 

Mu.  Calhoun  and  Mr.  Clay  were  early,  and 
long,  rival  aspirants  for  the  Presidency,  and  an- 
tagonistic leaders  in  opposite  political  systems; 
and  the  coalition  between  them  in  1833  was 
only  a  hollow  truce  (embittered  by  tho  humilia- 
tions to  which  Mr.  Calhoun  was  subjected  in  the 
protective  features  of  the  "  compromise  ")  and 
only  kept  alive  for  a  few  years  by  their  mutual 
interest  with  respect  to  General  Jackson  and  Mr. 
Van  Buren.  A  rupture  was  foreseen  by  every 
observer ;  and  in  a  few  years  it  took  place,  and 
in  open  Senate,  and  in  a  way  to  give  the  key  to 
the  secret  motives  which  led  to  that  compromise. 


It  L*  r-.n.o  »  :<'i..-«tion  Utween  them  whk-h  h.i| 
the  Ui"  o.-e  Land  o(  the  other — in  their  own  Im,. 
giiap' — whifh  wiix  mnfter  of  the  other  -niii|i„i 
iMrasion.  .Mr.  i.  allioun  ileclared  that  ho  huij 
.Mr.  Clay  down — had  him  on  his  back — wiw  in^ 
master.  .Mr.  t'lay  ivtoited  :  lie  my  muster!  | 
would  not  own  him  for  the  meanest  of  my  hIuvc  , 
Of  courxe,  thero  were  call-t  to  order  alioiif  tlnu 
time ;  but  the  (jiiestioti  of  mastery,  and  il.,. 
causes  which  jirodiieeil  the  passage  of  the  y  t 
were  still  points  of  contestation  iKtwi-en  tlicui 
and  came  up  for  altercation  in  other  forms.  Mi. 
('alhonn  claimed  a  controling  influence  for  iIk; 
military  attitude  of  .South  Carolina,  and  its  in- 
timidating etiect  u|)on  the  federal  govcrmnent. 
.Mr.  Clay  ridiculed  this  idea  of  intimidation,  nnl 
Huid  the  little  boys  that  muster  in  the  streets  will; 
their  tiny  wooden  swords,  had  as  well  preteinl 
to  terrify  the  gratid  army  of  IJcmaparte:  nmi 
afterwards  said  he  would  tell  how  it  hap]ieiK<l, 
which  was  th\is:  His  friend  from  Delaware  (.Mi. 
John  M.  Clayton),  said  to  him  one  day— thefi,. 
South  Carolinians  act  very  badly,  but  they  niu 
good  fellows,  and  it  is  a  pity  to  let  Jackson  hani; 
them.  This  was  after  Mr.  Clay  had  brought  in 
his  bill,  and  while  it  lingered  without  the  leai-t 
apparent  chance  of  passing — paralyzed  by  the 
vehement  opposition  of  the  manufacturers :  and 
he  urged  Mr.  Clay  to  take  a  new  move  with  his 
bill — to  get  it  referred  to  a  committee — and  hy 
them  got  into  a  shai)o  in  which  it  could  pa.>is. 
Mr.  Clay  did  so — had  tho  reference  made— aud 
a  committee  appointed  suitable  for  tho  measure 
— some  of  strong  will,  and  earnest  for  the  bill, 
and  some  of  gentle  temperament,  inclined  to  ca.<y 
measures  on  hard  occasions.  They  wen", 
Messrs.  Clay,  Calhoun,  Clayton,  Dallas.  Grundy. 
Rives. 

This  was  the  movement,  and  the  inducing 
cause  on  one  side :  now  for  the  cause  on  tiie 
other.  Mr.  Letcher,  a  representative  from  Ken- 
tucky, was  the  first  to  conceive  an  idea  of  some 
compromise  to  release  South  Carolina  from  her 
position ;  and  communicated  it  to  Mr.  Clay ; 
who  received  it  at  fii'st  coolly  and  doubtfully, 
Afterwards,  beginning  to  entertain  the  idea,  l.e 
mentioned  it  to  Mr.  AVebster,  who  repulsed  it 
entirely,  saying— 'It  would  bo  yielding  great 
principles  to  faction ;  and  that  the  time  had 
come  to  test  the  strength  of  the  constitution 
and  the  government."  After  that  he  was  no 
more  consulted.    Jlr.  Clay  drew  up  his  bill,  and 


ANNO  IMS.     AXI'KKW  JArKHOX.  rnKSIDKNT 


343 


t,  inclined  to  easv 


Kilt  it  to  Mr.  Calliuun  through  .Mr.  Utchvr— 
1,1' and  .Mr.  ('uIIiimiii  not  iH-'m^on  oiH'nkini;  tt'rni«. 
Ill'  (ilijfi  ted  <l<<idf<lly  to  jiiirtu  of  ilu-  lull ;  niid 
..liil,  if  .Mr.  t-'liiy  know  IiIh  n'anonM,  ho  ciMlainly 
would  yiild  tlii'olijrc'tioniiliU'  partx.     .Mr.  I.rldi- 
.r  iiiuk-rt'iok  to  urriinp' an  interview, — which 
iviuH  fUV'CtL'd — to  tuke  iiluce  in  .^Ir,  C'lay'H  room. 
Till-  nu'i'tiiin  was  cold,  dictunt  iind  livil.     Mr. 
{'by  roue,  Lowed  to  liiH  vinitor,  nnd  atikud  liiin 
ID  take  n  wuat,    Mr.  LftchtT,  to  rt'litvc  the  t-ni- ; 
lian'asHint'nt,ininie<liate!yoiH'ned  the  buHini'ssof  i 
the  interview:    which  ended  without  nsnltH.  | 
Mr.  Clay  remained  inflexible,  sayinj;  timt  if  lie  j 
"avu  np  the  jtartH  of  the  hill  ohjeeted  to,  it  conhl 
not  lie  pai'tHud;  and  that  it  would  he  better  to 
i;ivc  it  up  at  once.     In  the  mean  time  Mr.  Let- 
cher had  Been  the  President,  and  Founded  Iiiin 
un  tlie  Bubject  of  acompromifse:  the  I'rcsidcnt 
uiiflvvered,  ho  Avould  have    no  negotiation,  and 
would  execute  the  lawH.    This  was  told  by  Mr. 
U'tcher  to  Mr.  JIcDu*lle,  to  jjo  to  Mr.  Calhoiui. 
Soon  after,  Mr.  Letcher  found  himself  required 
to  make  a  direct  communication  to  Mr.  Calhoun. 
>Ir.  Josiali  S.  Johnson,  senator  from  Louisiana. 
came  to  his  roojn  in  the  ni|j;ht,  after  he  had  gone  to 
bed— and  informed  himof  wliat  he  had  just  learnt : 
—which  was,  that  Ocneral  Jackson  would  ad- 
mit of  no  further  delay,  and  was  determined  to 
take  at  once  a  decided  course  with  Mr.  Calhoun 
(un  arrest  and   trial  for  high    treason   being 
understood).     Mr.  Johnson   deemed  it  of  the 
utmost  moment  that  Mr.  Calhoun  should  be 
instantly  warned  of  his  danger;  and  urged  Mr. 
Letcher  to  go  and  apprise  him.   lie  went — found 
Mr.  Calhoun  in  bed — was  admitted  to  him — in- 
formed him.    "He   was  evidently  disturbed." 
Mr.  Letcher  and  Mr.  Clay  were  in  constant  com- 
munication with  Mr.  Clayton. 

After  the  committee  had  been  appointed,  Mr. 
Clayton  assembled  the  manufacturers,  for  with- 
out their  consent  nothing  could  be  done ;  and 
in  the  meeting  with  them  it  was  resolved  to 
pass  the  bill,  provided  the  Southern  senators, 
including  the  nulliiicrs.  should  vote  both  for  th» 
amendments  which  should  be  proposed,  and  for 
the  passage  of  the  bill  itself— the  amendments  be- 
ing the  same  afterwards  offered  in  the  Senate 
hj  Mr.  Clay,  and  especially  the  home  valuation 
feature.  When  these  amendments,  thus  ogreed 
upon  by  the  friends  of  the  tariff,  were  proposed  in 
the  committee,  they  were  voted  down ;  and  not 
being  able  to  agree  upon  any  thing,  the  bill  was 


rarrii'd  Imrk  to  the  m-nAt<t   without  nItiTationi 
liiil  .Nlr.  ('Iiivtoii  iliil  not  (rivr  up.     Moved  by  a 
fei'lintr  of  coiirern    t'lr  those  who    Wen-  ill   IMTil, 
and  for  the  utate  of  the  country,  and  for  tin.' 
"nfety  of  the  proieclivf  Hy>.tem  oi"  whieh  he  wuf» 
the  <leeid»'d  adviM-aN-,  he  deteniiined  to  have  ttm 
name  aniendinentH,  no  a(;n'edu|M)n  by  thefriemlii 
of  llie    tarilf  and    njeete'l    by    the    o>liilnllti  e, 
offered  in  Ihe.'^enato  ;  and,  toliilji  Mr.  t'Iny  witr 
tlie  manufiu-turers,  he  (nit  them  into  Iu'm  hands 
to  Ixi  HO   oU'ered — notify iiij;  .Mr.  (':»l!iomi  and 
Mr.   Clay  that   unle.ss    llie   auuiuhninls    wei-u 
adopted,  and  that  by  the  Southern  vote,  every 
niilliiier   iii('lui<ively,  thiit  the  bill    should    not 
p.ass — that  he  himself  would  move  to  lay  it  on 
the  table.     His   n>asons  for  mukinfi;  the   ntd- 
lilication   vote  a  niin:  i/iia   von   both   on   tlio 
aniendnuntrt  and  on  the  bill,  and  for  them  all, 
separately  and  colleclivily,  was  to  cut  tlieiii  olf 
from  pleading  their  unconstitutionality  after  they 
were  passed  ;  and  to  make  the  aulliors  of  dis- 
turbance and  armed  resistance,  after  resistance, 
parties  upon  tiio   record  to  the  measures,  and 
every  part  of  the  measures,  which  were  to  pacily 
them.     Unless  theno  leaders  were  thus  bound, 
he  looked  upon  any  pacitiealion  as  a  hollow  truci!, 
to  bo  succeeded  by  some  new  distiu'bance  in  a 
short  time;  and  therefore  ho  was  peremptory 
with  both  Mn.  Clay  and  Jlr.  Calhoun,  denounc- 
ing the  sacrifico  of  the  bill  if  his  terms  were  not 
complied  with ;  and  letting  them  know  that  hu 
had  friends  enough  bound  to  his  support.    They 
wished  to  know  the  names  of  the  senators  who 
were  to  stand  by  him  in  this  extreme  course — 
which  he  refused  to  give ;  no  doubt  restrained 
by  an  injunction  of  secrecy,  there  being  many 
men  of  gentle  temperaments  who  are  unwilling 
to  commit  themselves  to  a  measure  until  they 
see  its  issue,  that  the  eclat  of  success  may  con- 
secrate what  the  gloom  of  defeat  would  damn. 
Being  inexorable  in  his  claims,  Air.  Clay  and 
Mr.  Calhoun  agreed  to  the  amendments,  and  all 
voted  for  them,  one  by  one,  as  Mr.  Clay  offered 
them,  until  it  camo  to  the  last — that  revolting 
measure  of  the  home  valuation.    As  soon  as  it 
was  proposed,  Mr.  Calhoun  and  his  friends  met 
it  with  violent  opposition,  declaring  it   to  be 
unconstitutional,  and  an  insurmountable  obstacle 
to  their  votes  for  the  bill  if  put  into  it.    It  was 
then  late  in  the  day,  and  the  last  day  but  one 
of  the  session,  and  Mr.  Clayton  found  himself 
in  the  predicament  which  required  the  execu- 


'I'i...; 


344 


TIIIKTY  YKARS-  VIEW. 


I: 


f 

t   vi 

1 1, 

!l 


■'ft 

it 


tion  of  his  threat,  llu  executed  it,  an<l  moved 
to  lay  it  on  the  tabic,  with  the  deelarntion  that 
it  was  t"  ''c  there.  Mr.  Clay  went  to  liiin  ami 
besoujrh,  'i.n  to  withdraw  the  motion;  Init  in 
vain.  He  remained  inllexilile  ;  and  tlie  bill  then 
aj)i)eaR'd  lo  bo  dead.  In  *liis  extremity,  tlie 
('iiihoun  wing  retired  to  the  colonnade  behind 
the  Vice-President's  chair,  and  held  a  brief  con- 
puitation  nmonp;  thems'.'lves :  and  presently  Mr. 
Bibb,  of  Kentucky,  came  out,  and  went  to  Mr. 
Clayton  and  asked  him  to  withdraw  his  motion 
to  give  him  time  to  consider  the  amendme-it. 
Seeing  this  sign  of  yielding,  Mr.  Clayton  with- 
drew his  motion — to  be  renewed  if  the  amend- 
ment was  not  voted  for.  A  friend  of  the  parties 
immediately  moved  an  adjournment,  which  was 
carried ;  and  that  night's  reflections  brought 
them  to  the  conclusion  that  the  amendment 
must  be  passed  ;  but  still  with  the  belief,  that, 
there  lieing  enough  to  pass  it  without  him,  Mr. 
Calhoun  should  be  spared  the  humiliation  of 
appearing  on  the  record  in  its  favor.  This  was 
told  to  Mr.  Clayton,  who  declared  it  to  bo  im- 
possible— that  Mr.  Calhoun's  vote  was  indis- 
pensable, a»s  nothing  would  be  considered  secured 
by  the  passage  of  the  bill  unless  his  vote  appeared 
for  every  amendment  separately,  and  for  the 
whole  bill  collectively.  When  the  Senate  met, 
and  the  bill  was  taken  up,  it  was  still  unknown 
what  he  would  do ;  but  his  friends  fell  in,  one 
after  the  other,  yielding  their  objections  upon 
diflVrent  grounds,  and  giving  t'  ir  assent  to  this 
most  flagrant  instance  (and  th  t  a  new  one),  of 
that  protective  legislation,  ac;ainst  which  they 
were  tlien  raising  troops  in  South  Carolina !  and 
limiting  a  day,  and  that  a  short  one,  on  which 
she  was  to  be,  ipso  facto,  a  seceder  from  the 
Union.  Mr.  Calhoun  remained  to  the  last,  and 
only  rose  when  the  vote  was  ready  to  be  taken, 
and  prefaced  a  few  remarks  with  the  very  notable 
declaration  that  be  had  then  to  "  determine " 
which  way  he  would  vote.  lie  then  declared 
m  favor  of  the  amendment,  but  upon  conditions 
which  he  desired  the  reporters  to  note ;  and 
which  being  futile  in  themselves,  only  showed 
the  desperation  of  his  condition,  and  the  state 
of  impossibility  to  which  he  was  reduced.  Sev- 
eral senators  let  him  know  immediately  the 
futility  of  his  conditions ;  and  without  saying 
more,  he  voted  on  ayes  and  noes  for  the  amend- 
ment ;  and  afterwards  for  the  whole  bill.  And 
this  concluding  scene  appears  quite  correctly 


reported  in  the  authentic  debates.  And  tliti 
the  question  of  mastery  in  this  famous  '"coi;. 
f)romiso."  mooted  in  the  Senate  by  Mr.  Cl.ivnncl 
Mr.  Calhoun  .as  a  problem  between  theinselvo  . 
is  shown  by  the  inside  view  of  this  bit  of  history. 
to  lx;long  to  neither  of  them,  but  to  Mr.  J<iliii 
M.  Clayton,  under  the  instnimentality  of  (Ion. 
Jackson,  who,  in  the  presidential  election.  h;ici 
unhorsed  Mr.  Clay  and  all  his  systems  ;  and,  i;; 
his  determination  to  execute  the  laws  uj)on  .Mi- 
Calhoun,  had  left  him  without  remedy,  exroi  t 
in  the  resource  of  this  "  compromi.se."'  Vpo;, 
the  outside  history  of  this  measure  which  I  hr.vo 
compiled,  like  a  chronicler,  from  il:"  documcntarv 
materials,  Jlr.  Calhoi'  i  and  Mr.  Clay  njjpear  n- 
master  spirits,  appeasing  the  storm  which  tli,  •,• 
had  raised ;  on  the  in,sidc  view  they  appear  n- 
Kubaltern  agents  dominated  by  the  necessities 
of  their  condition,  and  providing  for  themsclvcr, 
instead  of  their  ccuntrj' — Mr.  Clay,  in  saviii;^ 
the  protective  policy,  and  preserving  the  support 
of  the  manufacturers ;  and  ^Ir.  Calhoun,  in  sav- 
ing himself  from  the  perils  of  his  condition  :  ami 
both,  in  leaving  ihemselves  at  liberty  to  act  to- 
gether in  future  against  General  Jackson  and 
Mr.  Van  Buren. 


CHAPTER    LXXXri. 

COMPROMISE  LEniSLATIOX;  AN'D  THE  ACT,  SO 

CALLED,  OF  isaa 

This  is  a.  species  of  legislation  which  wears  a 
misnomer — which  has  no  foundation  in  the  con- 
stitution—and which  generally  begets  more  mi.s- 
chief  than  it  assumes  to  prevent ;  and  which, 
nevertheless,  in  very  popular — the  name,  thoufrli 
fictitious,  being  generally  accepted  for  the  reali- 
ty. There  are  compromises  in  the  constitution, 
founded  upon  what  gives  them  validity,  namely, 
mutual  consent ;  and  they  are  sacred.  All  com- 
promises are  agreements,  made  voluntarily  by 
independent  parties— not  imposed  by  one  upon 
another.  They  may  be  made  by  compact — not 
by  votes.  The  majority  cannot  subject  the  mi- 
nority to  its  will,  except  in  the  present  decision 
— cannot  bind  future  Congresses— cannot  claim 
any  sanctity  for  their  acts  beyond  that  which 
grows  out  of  the  circumstances  in  which  they 
originate,  and  which  address  themselves  to  tlw 


ANNO  1S?.3.     ANDHEW  JACKSON',  PRB^IDENT. 


34.1 


nioral  scu'^e  of  thoir  tiiioccssors.  and  to  reasons 
,i' justice  or  jjolioy  wliich  slioiild  cxoinpt  an  net 
'roin  the  inlierriit  fate  of  nil  Icpislntioii.  The 
J  t  of  1^-0,  called  the  iMissotiri  C'<>in|>roini>c,  is 
i,ni>  of  the  most  respoctalile  ami  intclllgihli.'.  of 
•ij.,  spe«^ies  of  let;islatioii.  It  composed  a  na- 
lonal  controversj',  and  iijion  a  consideration. 
It  divided  a  great  province,  and  about  equal- 
;.,  ItL'twcen  slaveholdinir  and  non-slaveholding 
v;;iU'?,  It  admitted  a  State  into  the  Union; 
^iiil  that  Slate  accci)ted  that  admission  ui)on  the 
condition  of  fidelity  to  that  compi'omise.  And 
kiiif;  founded  in  tlie  material  operation  of  a  line 
ilrawii  npon  the  earth  under  an  astronomical 
;;iv.',  subject  to  no  change  and  open  to  all  obser- 
vation, visible  and  tangible,  it  became  an  object 
^u.-l-'Cl)tib!e  of  certainty,  both  iu  its  breach  and 
i.i  its  observance.  That  act  is  entitled  to  re- 
vjioct,  es^pecially  from  the  party  which  imposed 
it  iipn  the  other ;  and  has  been  respected ;  for 
it  lias  remained  inviolate  for  thirty  3'ears — 
aoithcr  siilo  attempting  to  break  or  abolish  it — 
omli  having  the  advantage  of  it — and  receiving 
ill!  the  while,  like  the  first  magna  cliarta,  many 
wutirraations  from  successive  Congresses,  and 
f;om  State  legislatures. 

The  act  of  1833,  called  a  "  compromise,"  was 
a  broach  of  all  the  rules,  and  all  the  principles 
iif  lef;islation — concocted  out  of  doors,  managed 
uy  politicians  dominated  by  an  outside  '"r-o-'rest 
—kept  a  secret — passed  by  a  majority  pledged 
to  its  support,  and  pledged  against  any  amend- 
ment c.xc.'pt  from  its  managers ; — and  issuing 
from  the  conjunction  of  rival  politicians  who 
had  lately,  and  long,  been  in  the  most  violent 
state  of  legislative  as  well  as  political  antago- 
nism. It  comprised  every  title  necessary  to 
ttamp  a  vicious  and  reprehensible  act — bad  in 
tiie  matter — foul  in  the  manner — full  of  abuse — 
And  carried  through  upon  the  terrors  of  some, 
tlie  interests  of  others,  the  political  calculations 
(jf  many,  and  the  dupery  of  more  5  and  all  upon 
a  plea  which  was  an  outrage  vfiipr  representa- 
tive government — upon  the  actual  government 
—and  upon  the  people  of  the  States.  That  plea 
was,  that  the  elections  (presidential  and  con- 
[.■lessional),  had  decided  the  fate  of  the  protec- 
tive system — had  condemned  it — had  sentenced 
it  to  death — and  charged  a  new  Congi-ess  with 
the  execution  of  the  sentence ;  and,  therefore, 
that  it  should  be  taken  out  of  the  hf^nds  of  that 
mv  Congress,  withdrawn  from  it  before  i?  met 


— and  laid  away  for  nine  years  and  it  half  umler 
the  sanction  of  a,  so  called,  comproiii^e — iut.iii- 
jriiiie  to  the  jieople — safe  in  it.s  ixi>tenoe  dnriii;; 
all  that  time  ;  and  trusting  to  the  <  hapter  of  ac- 
cident:', and    the   nkill  of  iiianafreiiunf,  for  it^ 
complete  restoration  at  the  end  <f  the  term 
This  was  an  outrage  upon  impular  represoTita- 
tion — an  estoppel  upon  the  popular   will — the 
arrest  of  a  judgment  whieli  the  jieople  had  |.Mven 
— the  usurpation  of  the  right.s  of  en.-uing  Con- 
gresses.   It  was  tlie  conception  of  some  rival 
politicians  who  had  lately  distrnctfd  the  coun- 
try by  their  contention,  and  now  undertook  to 
compo.so  't  by  their  conjunction  ;   and  having 
failed  in  the  gnme  of  agitation,  threw  it  up  for 
the  game  of  pacification  ;  and,  in  this  new  char- 
acter, undertook  to  settle  and  regulate  the  af- 
fairs of  their  country  for  a  term  only  half  a  year 
less  than  the  duration  of  the  siege  of  Troy ;  and 
long  enough  to  cover  two  prcsidentir.l  elections. 
This  was  a  bold  pretension.     Home  had  existed 
above  five  hundi  .d  years,  and  citizens  had  l)e- 
come  masters  of  armies,  and  the  people  humbled 
to  the  cry  of  panem  et  circcnsci — bren.d  and 
the  circus— before  two  or  three  rituls  could  go 
together  in  a  corner,  and  arrange  the  affairs  of 
the  republic  for  live  years :  now  this  was  done 
among  us  for  double  that  time,  and  in  the  forty- 
fourth  year  of  our  age,  and  by  citizens  neither 
of  whom  had  headed,  though  one  had  raise<l.  an 
army.     And  now  how  could  this  bo  efTected, 
and  in  a  country  so  vast  and  intelligent?     I 
answer:  The  inside  view  which  I  have  given  of 
the  transaction  explains  it.    It  was  an  operation 
upon  the  best,  as  well  a-s  upon  the  worst  feelings 
of  our  nature — upon  the  patriotic  nlarins  of 
many,  the  political  calculations;  of  others,  tho 
interested  schemes  of  moie,  an<l  the  proclivity 
of  multitudes  to  be  deceived.     Some  political 
rivals  finding  tariff  no  longer  availalilo  for  po- 
litical elevation,  either  in  its  attack  or  defence  ; 
and,  from  a  ladder  to  climb  on,  become  a  stum- 
bUng-block  to  fall  over,  and  a  pit  to  fall  into, 
agree  to  lay  it  aside  for  the  term  of  two  presi- 
dential elections ;  upon  the  pretext  of  quieting 
tlio  country  wluch  they  had  been  disturbing ; 
but  in  reality  to  get  tho  crippled  hobl)y  out  of 
the  way,  and  act  in  concert  against  an  old  foe 
in  power,  and  a  new  adversary,  lately'  supposed 
to  have  been  killed  off,  but  now  appearing  high 
in  the  political  firmament,  and  verging  to  its  ze- 
nith.   That  new  adversary  was  Jlr.  Van  Buren, 


\W^ 


346 


THIRTY  YKARS'  VIKW. 


I 
I 


just  ckctcil  N'ice-President,  and  in  the  line  of 
olil  prt'CiMlfnt.-i  for  the  presidency ;  ami  the  main 
ohjcct  to  lie  iihle  to  work  against  him,  and  for 
tliemselvcs,  with  iireservation  to  tiie  tariff,  and 
extrication  of  Mr.  Calhoun.  The  masses  were 
alarmed  at  tlie  cry  of  civil  war,  concerted  and 
spread  for  tl;e  ptirposc  of  alarm  ;  and  therefore 
ready  to  hail  any  .scheme  of  deliverance  from 
that  calamity.  The  manufacturers  saw  their 
advantage  in  saving  their  high  protecting  dutie.s 
from  immediate  reduction.  The  friends  of  Mr. 
Clay  believed  that  the  ♦jtle  of  pacificator,  which 
lie  was  to  earn,  would  win  for  him  a  return  of 
the  glory  of  the  Missouri  compromise.  Mr. 
Calhoun's  friends  saw,  for  him,  in  any  arrange- 
ment, a  release  from  his  untenable  and  perilous 
position.  Clumbers  of  gentle  temperaments  in 
both  Houses,  saw  relief  in  middle  courses,  and 
felt  safety  in  the  very  word  "  compromise,"  no 
matter  how  fictitious  and  fallacious.  The  friends 
of  Air.  Van  liuren  saw  his  advantage  at  getting 
the  tarifl'  out  of  his  way  al  %o  ;  and  General 
Jackson  felt  a  positive  relief  in  being  spared 
the  dire  nccesjity  of  enforcing  the  laws  by  the 
sword  and  by  criminal  prosecutions.  All  these 
parties  united  to  pass  the  act ;  and  after  it  was 
passed,  to  praise  it ;  and  so  it  passed  easily,  and 
was  ushered  into  life  in  the  midst  of  thundering 
applause.  Only  a  few  of  the  well-known  "sena- 
tors voted  against  it — Mr.  Webster,  Mr.  Dick- 
erson^  General  Samuel  Smith,  Mr.  Benton. 

My  objections  to  thi3  bill,  and  its  mode  of 
being  passed,  were  deep  and  abiding,  and  went 
far  beyond  its  own  obnoxious  provisions,  and  all 
the  transient  and  temporary  considerations  con- 
nected w  ith  it.  As  a  friend  to  popular  repre- 
sentative govcrnu)ent.  I  could  not  see,  without 
insurmountable  repugnance,  two  citizens  set 
themselves  up  for  a  power  in  the  State,  and 
undertake  to  regulate,  by  their  private  agree- 
ment (to  be  invested  with  the  forms  of  law), 
the  public  allidr.s  for  yea'-s  to  come.  I  admit  no 
man  to  stand  for  a  poTrer  in  our  country,  and  to 
assume  to  bo  able  to  save  the  Union.  Its  safety 
does  not  depend  upon  the  bargains  of  any  two 
men.  Its  safety  is  in  its  own  constitution — in 
its  laws — and  in  the  affections  of  the  people  5 
and  all  that  is  wanted  in  public  men  is  to  ad- 
minister the  constitution  in  its  integrity,  and  to 
enforce  the  laws  without  fear  or  affection.  A 
compromise  made  with  a  State  in  arms,  is  a 
capitulation  to  that  State ;  and  m  this  light,  Mr. 


Calhoun  constantly  presented  the  a<t  of  I8.!.i 
and  if  it  had  emanated  from  the  government  h- 
would  have  been  right  in  his  fact,  and  in  !ik 
inductions ;  and  all  discontented  .States  woul.i 
have  been  justified,  so  far  aa  successful  pricoltiit 
w^a.«  concerned,  in  all  future  interpositions  ol  \u 
fiat  to  arrest  the  action  of  the  federal  govern- 
ment. But  it  did  not  emanate  from  the  govern- 
ment It  (the  government)  was  procecdini' 
wisely,  justly,  constitutionally  in  settling  with 
South  Carolina,  by  removing  the  cause  of  Ikt 
real  grievance,  and  by  enforcing  the  laws  against 
their  violators.  It  (the  constituted  government) 
was  proceeding  regularly  in  this  way,  with  a 
prospect  of  a  successful  issue  at  the  actual  pos. 
sion,  and  a  certainty  of  it  at  the  next  one,  when 
the  whole  subject  was  taken  out  of  its  hands  by 
an  arrangement  between  a  few  members.  The 
injury  was  great  then,  and  of  permanent  ovil 
example.  It  remitted  the  government  to  the 
condition  of  the  old  confederation,  acting  upon 
sovereignties  instead  of  individuals.  It  violatcil 
the  feature  of  our  Union  which  discriminated  it 
from  all  confederacies  which  ever  existed,  and 
which  Avas  wisely  and  patriotically  pnt  into  the 
constitution  to  save  it  from  the  fate  which  had 
attended  all  confederacies,  ancient  and  modern. 
All  these  previous  confederacies  in  their  general, 
or  collective  capacity,  acted  upon  communitits, 
and  met  organized  resistance  as  often  as  they 
decreed  any  thing  disagreeable  to  one  of  its  gtron- 
members.  This  opposition  could  only  be  sub- 
dued by  force ;  and  the  application  of  force  has 
always  brought  on  civil  war ;  which  has  ended 
in  the  destruction  of  the  confederacy.  Tho 
framers  of  our  constitutional  Union  knew  all 
this,  and  had  seen  the  danger  of  it  in  history, 
and  felt  the  danger  of  it  in  oui-  confederation; 
and  therefore  established  a  Union  instcidofa 
League — to  be  sovereign  and  independent  within 
its  sphere,  acting  upon  persons  through  its  own 
laws  and  courts,  instead  of  acting  on  comnmni- 
ties  through  persuasion  or  force.  It  was  the 
crowning  wisdom  of  the  new  constitution ;  and 
the  effect  of  this  compromise  legislation,  was  to 
destroy  that  great  fisature  of  our  Union — to  bring 
tho  general  and  State  governments  into  conflict 
— and  to  substitute  a  sovereign  State  for  an  of- 
fending individual  as  often  as  a  State  chose  to 
make  the  cause  of  that  individual  her  own.  A 
State  cannot  commit  treason,  but  a  citizen  can, 
and  that  against  the  laws  of  the  United  States; 


ANNO  1833.     ANDREW  JACKSON.  PRESIKKNT. 


347 


ir.ilso,  if  a  citiwn  commits  treason  apainBt  the 
liiitod  States  he  may  (if  tliis  interp>sitii)n  l.p 
vimitted),  be  Bhieliied  by  a  State.  Our  whole 
•nine  of  povernment  vt  unhinged  when  the 
•liiTal  povernment  nhifts  from  its  foundation. 
jiii  poe.s  to  actinj?  npon  States  instead  of  indi- 
viiluals ;  and,  therefore,  the  "compromise,"  as 
It  was  called,  with  South  Carolina  in  1833  was 
jii  violation  of  the  great  Union  principle  of  our 
,„vcrninent — remitting  it  to  the  imbecility  of 
liie  old  confederation,  giving  inducement  of  the 
.Vadiiville  convention  of  the  present  year  ( 185l») ; 
■  al  which  has  only  to  be  followed  up  to  see  the 
>;ate?  of  this  Union,  like  those  of  the  Mexican 
Mublic,  issuing  their  pronunciuinienlos  at 
(Virv  discontent ;  and  bringing  the  general 
..ovtrninent  to  a  fight,  or  a  capitulation,  as 
,,1'nn  as  they  please. 

1  omit  all  consideration  of  the  minor  vices  of 
the  act — great  and  flagrant  in  themselves,  but 
subordinate  in  comparison  to  the  mischiefs  done 
to  the  frame  of  our  government.  At  any  other 
time  these  vices  of  matter,  and  mauner,  would 
have  been  crushing  to  a  bill.  No  bill  containing 
a  tithe  of  the  vices,  crowded  into  this  one,  could 
ever  have  got  through  Congress  before.  The 
(.vcrthrow  of  the  old  revenue  principle,  that 
duties  were  to  be  levied  on  luxuries,  and  not  on 
necessaries — substitution  of  universal  ad  valo- 
rems  to  the  exclusion  of  all  specific  duties — the 
Eubstitution  of  the  home  for  the  foreign  valuation 
—the  abolition  of  all  discrimination  upon  articles 
in  the  imposition  of  duties — the  preposte.;  •■- 
stipulation  against  protection,  while  giving  pio- 

!  tection,  and  even  in  new  and  unheard  of  forms ; 
111!  these  were  flagrant  vices  of  the  bill,  no  one 
1)1"  which  could  ever  have  been  carrie<3  through 
in  a  bill  before ;  and  which  perisheci  i;i  this  one 
before  they  arrived  at  their  period  of  operation. 

I  Tiie  j'car  1842  was  to  liave  Ijeen  the  jubilee  of 
all  these  inventions,  and  set  tlicm  all  off  in  their 
career  of  usefulness  ;  but  that  year  saw  all  these 
line  anticipations  fail !  saw  tiie  high  protective 
policy  ri'-established,  nnore  burthensome  than 
ever :  but  of  this  hereafter.     Then  the  vices  in 

I  the  passage  of  the  bill,  being  a  political,  not  a 
lepislative  action — dominated  by  an  outside  in- 

I  (erest  of  manufacturers — and  openly  carried  in 

the  Senate  by  a  douceur  to  some  men,  not  in 

Kendal  Green,"  but  Kendal  cotton.    Yet  it 

Has  received  by  the  country  as  a  deliveiance, 

mid  the  ostensible  authors  of  it  greeted  as  public 


benefactors ;  and  their  work  dwlared  by  lf;:i!i- 
latiircs  to  Ix'  sacred  an<l  invinlali'e.  and  every 
citizen  doomed  to  ]><ilitical  outlawry  that  diil  not 
give  in  Ills  adhesion,  and  bind  himself  to  the 
perpetuity  of  tlie  lut.  1  was  one  of  those  who 
refused  this  adhesion — who  continued  to  speak 
of  the  act  as  I  thought — and  who.  in  a  IVw  years, 
saw  it  sink  into  neglect  and  oblivion — die  with- 
out the  solace  of  i)ity  or  sorrow — and  go  into 
the  grave  without  mourners  or  witnessts,  or  a 
stone  to  mark  the  place  of  its  interment. 


CHAPTER    LXXXVIL 

VIRGINIA  RESOLUTIONS  OF  •n'S-W-PISAni-SKD  OP 
TIIEIU  SOUTH  CAROLINA  INTlilil'ltLTATION-l. 
UPON  THKIK  OWN  AVOUDS-l  UPON  fUNTEM 
rOlIANEOUS  INTKIiPKETATIuX. 

TiiK.  debate  in  the  Senate,  in  1830,  on  Mr.  Foot's 
resolutions,  has  been  regarded  as  the  dawn  of 
those  ideas  which,  three  years  later,  under  the 
name  of  "  nullification,"  but  with  the  character 
and  bearing  the  seeds  of  disorganization  and 
civil  war,  agitated  and  endangered  the  Union. 
In  thut  debate,  ^Ir.  Ilayne,  as  heretofore  stated, 
quoted  the  third  clause  of  the  Virginia  resolu- 
tions of  1798,  ns  the  extent  of  the  doctrines  he 
intended  to  avow.  Though  Mr.  AVebster,  at  the 
time,  gave  a  difierriit  and  more  portentous  in- 
terpretation to  Mr.  llayne's  course  of  argument, 
I  did  not  believe  that  !Mr.  Ilayne  purposed  to  use 
those  resolutions  to  any  other  effect  than  that 
intended  by  their  authors  and  adopters ;  and 
they,  I  well  knew,  never  supposed  any  right  in 
a  State  of  the  Union,  of  its  own  motion,  to  annul 
an  act  of  Congress,  or  resist  its  operation.  Soon 
after  tiic  discussion  of  IboO,  howeve".,  nuHiflea- 
tion  assumed  its  name,  with  a  clear  an'  unciation 
of  its  purpose,  namely,  to  maintain  an  inherent 
right  in  a  State  to  annul  the  acts  of  the  federal 
government,  and  resist  their  operation,  in  any 
case  in  which  the  State  might  judge  an  act  of 
Congret  i  to  exceed  the  limiisof  the  constitution. 
And  to  support  this  disorganizing  doctrine,  the 
resolutions  of  1798,  were  Iwldly  and  pcrsever- 
ingly  appealed  to,  and  attempted  to  be  wrested 
from  their  real  it  ient.  Nor  is  this  effort  yet 
abandoned ;  nor  can  we  expect  it  to  be  whilst 
auUitication  still  exists,  either  avowed  or  covert. 


-^!f"=^-»--'J7M»7"'-?W(Blf?S'- 


34S 


THIRTY  YEARS'  VIEW. 


m 


i  m 


The  illustriouB  autliorsliip  of  the  Re»ol:,i'on9  of 
17'J8;  llie  chnracttT  mid  reputation  of  the  li-ftis- 
iators  who  adopted  them  ;  their  general  accept- 
ance by  tho  repiibhcan  party  ,  the  intlucncu 
they  exercised,  not  only  on  questions  of  the  day, 
but  on  tlie  fate  of  parties,  and  in  8ha])ing  the 
povernnient  itself,  all  combine  to  give  them  im- 
portance, and  a  high  place  in  public  esteem  ;  and 
would  go  far  to  persuade  the  country  that  nulli- 
lication  w.is  right,  if  Ihey  were  nullification.  In 
connection,  therefore,  with  the  period  and  events 
in  which  nullification  iiad  its  rise,  the  necessity 
is  imposed  of  an  cxf.mination  into  the  scope  and 
objects  of  those  resolutions  ;  and  the  same  rea- 
sons that  have  made,  and  make,  the  partisans 
of  nullification  so  urgent  to  identify  their  fal- 
lacies with  the  resolutions,  must  make  every 
patriot  solicitous  for  the  viiKAcation  of  them  and 
their  author  and  adopters  from  any  such  affinity. 
Fortunately,  the  material  is  at  hand,  and 
abundant.  The  resolutions  are  vindicated  on 
their  text  alone ;  and  contemporaneous  authen- 
tic interpretation,  and  the  reiterated,  earnest — 
even  indignant — disclaimers  of  the  illustrious 
author  himself,  u'terly  repudiate  the  intent 
that  nullification  attempts  to  impute  to  them. 
1  propose,  therefore,  to  treat  them  in  these  three 
aspects : 

I.  Vindicated  on  their  text. 

The  clause  of  the  resolutions,  chiefly  relied  on 
as  countenancinfr  nullification,  is  the  third  reso- 
lution of  the  series,  and  is  as  follows : 

"  That  this  assembly  doth  fixr/iicitly  and  per- 
emptorily declare  that  it  views  the  powers  of  the 
federal  government,  as  resulting  frcm  the  com- 
pact, to  which  the  States  are  parties,  as  limited 
by  the  plain  sense  and  intention  of  the  instru- 
ment constituting  that  compact ;  and  that,  in 
case  of  a  deliberate,  palpable,  and  dangerous  ex- 
ercise of  other  jjowers  not  granted  by  the  said 
compact,  the  States,  who  are  the  parties  thereto, 
have  the  right,  and  are  iu  duty  bound,  to  inter- 
pose for  ariesting  the  progress  of  the  evil,  and 
lor  maintaining,  within  their  respective  limits, 
the  authorities,  rights,  and  liberties  appertaming 
to  ihcm." 

The  right  and  duty  of  interposition  is  cer- 
tainly here  claimed  for  the  States,  in  case  of  a 
"  deliberate,  jjalpable,  and  dangerous  a.ssumption 
of  powers,  hy  the  federal  government;"  but, 
looking  alone  to  the  words  of  the  test,  it  is  an 
unreasonable  inference,  that  forcible  or  nullify- 
ing interposition  is  meant.    The  word  does  not 


I  import  resistance,  but  rather  the  contrary  ;  m,  i 
j  can  only  be  understood  in  a  hostile  sen.s?.  nlivn 
I  the  connection  i a  which  it  is  used  nectssain, 
implii'8  force.  Such  is  not  the  case  in  tlii.s  i--,,. 
lution  ;  and  no  one  ha^  a  right  to  supp^jrie  t'.ia; 
if  its  authors  had  intended  to  assert  a  pi  innii,;. 
of  such  transcendent  importance,  as  thai  tj 
States  were  severally  possessed  of  the  ri^'ht  |,, 
annul  an  act  of  Congresr,  and  resist  its  e.\CTi:- 
tion,  they  would  not  have  u.sed  words  todeda!,' 
that  meaning  explicitly,  or,  that  they  would  in- 
timate covertly  a  doctrine  they  dared  not  avm\-. 
Tho  constitution  itself  suggests  several  inwi,.; 
of  interposition,  competent  for  either  the  Statis 
or  the  people.  It  provides  fur  the  election  (i,-,- 
a  mixed  system,  popular  and  State),  at  bjjcf  in- 
tervals, of  all  the  functionaries  of  the  fudu;,! 
government ;  and  hence,  the  interposition  of  il.t 
will  of  the  States  .and  people  to  ell'ect  a  ch.iiiL.. 
of  rulers ;  hence,  of  policy.  It  provides  tliiu 
ireedom  of  speech  and  the  press,  shall  not  1/^ 
abridged,  which  is  equivalent  to  a  provision  that 
those  powerful  means  be  perpetually  interpotci 
to  affect  the  public  conscience  and  sentiment— 
to  counsel  and  alarm  the  public  servants ;  tg 
influence  public  policy — to  restrain  and  ixmedy 
government  abu.ses.  It  recognizes  the  riplit, 
and  provides  that  it  shall  not  be  abridged,  of  t!.e 
people  "  to  assemble  and  petition  the  govern- 
ment for  the  redress  of  grievances ; "  hence,  coi> 
templating  that  there  may  be  grievances  on  the 
part  of  the  government,  and  suggesting  a  means 
of  meeting  and  overcoming  them.  Finally,  it 
provides  that,  on  the  application  of  a  designated 
proportion  of  the  States,  Congress  shall  causes 
convention  to  be  called,  to  provide,  in  the  con- 
stitution itself,  should  it  be  judged  necessarv, 
additional  securities  to  the  Statts  and  the  peo- 
ple, and  additional  restraints  on  the  govern- 
ment. 

To  act  on  the  sentiments  of  thp  country 
then ;  to  bring  to  their  aid  the  potent  engines 
of  the  press  and  public  harangues  ;  to  move 
tho  people  to  petition  and  remonstrance  ag;  nst 
tne  obnoxious  measures ;  to  draw  the  attention 
of  other  States  to  the  abuses  complained  of.  ami 
to  the  latitudinous  construction  the  federal  au- 
thorities were  giving  to  their  powers ;  and  thus 
bring  those  States,  in  like  manner,  to  act  on 
their  senators  and  representative^,  and  on  the 
public  voice,  so  as  to  produce  an  immediate 
remedy,  or  to  co-operate  in  calling  a  convention 


ANNO  19:53.    ANDREW  JACKi*OX.  rUF>II)KNT. 


?A'J 


rangues  ;   to  move 


to  piMvide  furt):er  seoiiritie9~one  or  l>oth  ;  these  1 
3J,,;it'  are  the  modes  of  •'  interposition  "  the  Vir- 
pnift  resolution.',  of  lil'S  contcniplatwl ;  all  they 
t.nu'sswl ;  ail  they  ntt.inpted;  ail  th..t  the  re- 
i.)luti<)ii8,  or  their  liLxtor, ,  warrant  to  be  im- 
T.iitid  to  them.  These  nimlcH  of  interposition 
iiiv  nil  consi.steut  with  {)eace  and  order;  with 
iliidience  to  ihe  Iuwh,  and  reppect  to  the  luw- 
I  il  authorities ;  tlie  very  means,  as  was  well 
jir.'ucd  by  the  supporters  of  the  resolutions, 
t.i  ]>rcvent  civil  strife,  insubordination,  or  revo- 
lution ;  in  all  respects,  the  antipodes  of  nuUi- 
tieiition. 

To  enlarge  somewhat  on  the  force  of  the 
nords  of  the  resolutions :  The  right  i>nd  duty 
of  '•  the  States  "  to  interpose,  certainly  does  not 
mean  the  right  of  "a  State"  to  nullify  and  set  at 
nought.  The  States — less  than  the  whole  num- 
Jjcr— have  a  right  to  interpose,  secured,  as  al- 
ready shown,  in  the  constitution ;  and  this,  not 
(jnl\'  persuasively,  but  peremptorily ;  to  compel 
ilie  action  they  may  desire ;  and  it  is  demon- 
strable, that  it  was  this  constitutionril  provision 
that  the  Virginia  legislature  had  ir,  mind,  as  a 
last  resort.  The  resolutions  do  no^  speak  any 
where  of  the  right  of  a  State ;  but  use  the  plural 
niindier.  States.  Yir-cinia  exercises  the  right 
that  pertains  to  a  State — all  the  light  that,  in 
the  premises,  she  pretends  to — in  passing  the 
1  evolutions,  declaring  her  views,  and  inviting  the 
like  action  of  her  co-States.  Instead,  therefore, 
of  the  resolutions  being  identical  with  nullifi- 
cation, the  two  doctrines  are  not  merely  hostile, 
but  exactly  opposites ;  the  sum  of  the  Virginia 
doctrine  being,  that  it  belongs  to  a  State  to 
take,  as  Virginia  does  in  this  instance,  the  initia- 
tive in  impeaching  any  objectionable  action  of 
the  federal  government,  and  to  ask  her  co-States 
to  co-operate  in  procuring  the  repeal  of  a  law, 
a  change  of  policy,  or  an  amendment  of  the 
constitution — according  as  one  or  the  other,  or 
all,  may  be  required  to  remedy  the  evil  com- 
plained of;  whereas,  nullification  claims,  that  a 
single  State  may,  of  its  own  motion,  nullify  any 
act  of  the  federal  government  it  objects  to,  and 
stay  its  operation,  until  three  fourths  of  all  the 
States  come  to  the  aid  of  the  national  auth'^rity, 
and  re-enact  the  nullified  measure.  One  submits 
to  the  law,  t'll  a  majority  repeal  it,  or  a  coaven- 
tion  provides  a  constitutional  remedy  for  it;  the 
Dther  undertakes  to  annul  the  law,  and  suspend 
Us  operation,  so  long  as  three  fourths  of  the 


States  arc  not  brought  into  active  ro-ojivration 
to  declare  it  valid.  The  resolutions  mnintaiii 
the  government  in  all  its  functions,  only  M'«kiii;» 
to  call  into  >isc  the  particular  function  of  n'jx'al 
or  anjcndment:  nullitication  would  stop  tho 
functions  of  government,  and  arrest  laws  ii)i|pfl< 
niit'iy ;  and  is  incapable  of  beiiip:  brou^rht  to  ao« 
t  sal  experiment,  in  a  single  instance,  m  ithout  a 
subversion  of  authority,  or  civil  war.  To  this 
essintial,  radical,  antagonistic  degree  do  the  Vir- 
ginia resolutions  and  the  doctrine  of  nullification 
difi'er,  one  from  the  other ;  and  thtis  unjustly 
are  the  Virginia  republicans,  of  IT'.'H,  accu.'^od  of 
planting  the  seeds  of  dissolntioii— a  "  deadly 
poison,"  as  Mr.  Madison,  himself,  enii)hatically 
calls  the  doctrine  of  n\illification — in  the  insti- 
tutions they  had  so  laboretl  to  construct. 

II.  i'/jou  their  contemporaneons  interprda- 
Hull. 

The  contemporaneous  construction  of  the  reso- 
lutions is  found  in  the  debates  on  their  adoption ; 
'n  the  responses  to  them  of  other  State  legisla- 
tires ;  and  in  the  confirmatory  report  prepared 
by  the  yame  author,  and  adopted  by  the  Virginia 
general  assembly,  in  January,  1800 ;  and  by  the 
conduct  of  the  State,  in  the  case  of  Callcndor. 
And  it  is  remarkable  (when  we  consi(I';r  the 
uses  to  which  the  resolutions  have  subsequently 
been  tumod),  that,  while  the  friends  of  the  reso- 
lutions nowhere  claim  more  than  a  declaratory 
right  for  the  legislature,  and  deny  all  idea  of 
force  or  resistance,  their  adversaries,  ii;  the  heat 
of  debate,  nor  the  States  which  manifested  tho 
utmost  bitterness  in  their  responses,  have  not 
attributed  to  the  resolutions  i  ny  doctrine  like 
that  of  nullification.  Both  in  the  debates  and 
in  the  State  responses,  th.e  opponents  of  the  re- 
solutions denor.nce  them  as  infiamatory,  and 
"tending"  to  produce  insubordination,  and  what- 
ever other  evil  could  then  be  thought  of,  con- 
cerning them ;  but  no  one  attributes  to  them 
the  absurdity  of  claiming  for  the  State  a  right 
to  arrest  "f  its  own  motion,  the  operation  of  the 
acts  of  Congress. 

The  prim  i  pal  speakers,  in  the  Virginia  legi.sla- 
ture,  in  opposition  to  the  resolutions,  were: 
Mr.  GeorgC!  Keith  Taylor,  Mr.  Magili,  Mr.  Brooke, 
Mr.  Cowau,  Gen.  Henry  Lee,  and  Mr.  Cnreton. 
Nearly  the  whole  debate  turned,  not  on  the  ab- 
stract propriety  or  expediency  of  such  resolu- 
tions, on  the  question  whether  the  acts  of  Con- 


t     •,;■ 


330 


THIRTY  YEARS'  VIEW. 


•I'M 


m 


( 

' 

■H 

prcHs,  wliicli  were  opccially  romplained  of,  were, 
in  fact.  uiH'in.Ktitiitioiinl.  It  whh  nclmitted,  in- 
(Itid,  liy  (iin.  I.fc,  wlio  Hpokc  t'lnlwrottly  and 
lirKiiinuntativfly  npiiiiKt  thf  rcKoliitioii.i,  that,  if 
tlie  acts  wtTc  unconHtitutional,  it  was  " proper 
to  interfere;"  but  the  extreme  notions  of  the 
jiowers  of  the  federal  government  that  then 
prevailed  in  the  federal  party,  led  them  to  con- 
tend that  thoBe  powers  extended  to  the  acts  in 
question,  thotifjh,  at  this  day,  they  are  univcr- 
eally  acknowledged  to  be  out  of  the  pale  of  fede- 
ral legislation.  Beyond  tlie  discusaion  of  this 
point,  and  one  or  two  others  not  pertinent  to 
the  present  matter,  the  speakers  dwelt  only  on 
the  supposed  "  tendency "  of  such  declarations 
to  excite  the  people  to  insubordination  and  non- 
submission  to  the  law. 

Mr.  George  K.  Taylor  complained  at  the  com- 
mencement of  his  speech,  that  the  resolutions 
•'  contained  a  declaration,  not  of  opinion,  but  of 
fact ; "  and  ho  apprehended  that  " the  conse- 
quences of  pursuing  tiie  advice  of  the  re.«olutions 
would  be  insurrection,  confusion,  and  anarchy ; " 
but  the  legal  efl'ect  and  character  that  he  at- 
tributed to  the  resolutions,  is  shown  in  his 
concluding  sentence,  as  follows : 

'•  The  members  of  that  Congress  which  had 
passed  those  laws,  had  been,  so  far  as  he  could 
un  ierstand,  since  generally  re-elected ;  therefore 
he  thought  the  people  of  the  United  States  had 
decided  in  favor  of  their  constitutionality,  and 
that  such  an  attempt  as  they  were  then  making 
to  induce  Congress  to  repeal  the  laws  would 
be  nugatory." 

Mr.  Brooke  thought  resolutions  "declaring 
laws  which  had  been  made  by  the  government 
of  the  United  States  to  be  unconstitutional,  null 
and  void,"  were  "  dangerous  and  improper ; " 
that  they  had  a  "  tendency  to  inflame  the  pub- 
lic mind  ; "  to  lessen  the  confidence  that  ought 
to  subsist  between  the  rep  "esentatives  of  the 
people  in  the  general  gON^rnment  and  their 
constituents  ;  and  to  "  sap  the  very  foundations 
of  the  government,  by  producing  resistance  to 
its  laws."  But  that  he  did  not  apprehend  the 
resolutions  to  be,  or  to  intend,  any  thing  beyond 
an  expression  of  sentiment,  is  evident  from  his 
further  declaration,  that  he  was  opposed  to  the 
resolutions,  and  equally  opposed  to  any  modifi- 
cation of  them,  that  should  be  "  intended  as  an 
expression  of  the  general  sentiment  on  the  sub- 
ject, because  he  conceived  "t  to  be  an  improper 


mode  by  which  to  express  the  wishes  of  th< 
])eople  of  the  State  on  the  subject." 

General  Lee  thought  the  alien  and  sodltii,; 
laws  "  not  unconstitutional ;  "  but  if  they  ^viri 
unconstitutional  he  •'  admitted  the  right  df  i,,. 
terposition  on  the  part  of  the  general  a.s8oml)!v.'' 
But  he  thought  these  resolutions  showed  -  ji,. 
decorum  and  hostility,"  and  were  "not  tlu 
likeliest  way  to  obtain  a  repeal  of  the  law.*. ' 
He  "  suspected,"  in  fact,  that  "  the  repeal  of  the 
laws  was  not  the  leading  point  in  view,"  Ijut 
that  they  •'  covered  "  the  objects  of  "  promotion 
of  disunion  and  separation  of  the  States."  1',^, 
resolutions  "struck  him  as  recommending  rcsi.'it- 
ance.  They  declared  the  laws  null  and  voi(l, 
Our  citizens  thus  thinking  would  disobey  the 
laws."  Ilis  plan  would  be,  if  he  thought  the 
laws  unconstitutional,  to  let  the  people  petition, 
or  that  the  legislature  come  forward  at  once, 
''  with  a  proposition  for  amending  the  doubtful 
parts  of  the  constitution  ; "  or  with  a  "  respectful 
or  friendly  memorial,  urging  Congress  to  repeal 
the  laws."  But  he  "  admitted  "  the  only  right 
which  the  resolutions  assert  for  the  sitate, 
namely,  the  right  "  to  interpose."  The  remarks 
of  the  other  opponents  to  the  resolutions  wire 
to  the  same  eiTect. 

On  behalf  of  the  resolutions,  the  principal 
speakers  were,  Mr.  John  Taylor,  of  Caroline, 
who  had  introduced  them,  Mr.  Ruffin,  Mr.  Mer- 
cer, Mr.  Pope,  Mr.  Foushee,  Mr.  Daniel,  Mr. 
Peter  Johnston,  Mr.  Giles,  Mr.  James  Barbour. 

They  obviated  the  objection  of  the  speakers 
on  the  other  side,  that  the  resolutions  "  contained 
a  declaration,  not  of  opinion,  but  of  fact,"  by 
striking  out  the  words  which,  in  the  orininal 
draft,  declared  the  acts  in  question  to  be  "null, 
void,  and  of  no  force  or  effect ; "  so  as  to  make 
it  manifest,  as  the  advocates  of  the  resolutions 
maintained,  that  they  intended  nothing  beyond 
an  expression  of  sentiment.  They  obviated 
another  objection  which  appeared  in  the  original 
draft,  which  asserted  the  States  alone  to  be  the 
parties  to  the  constitution,  by  strilcing  out  the 
word  "alone."  They  thoroughly  and  successful- 
ly combated  both  the  "suspicion"  that  they  hid 
any  ulterior  object  of  dissension  or  disunion,  and 
the  "  apprehension  "  that  the  resolutions  would 
encourage  insubordination  among  the  peopi:. 
They  acceded  to  and  affirmed,  that  their  objeii 
was  to  obtain  a  repeal  of  the  oll'ensive  measurer , 
that  the  resolutions  might  ultimately  lead  to  s 


ANNO  \MX     ASURV.W  .JACKSON.  nU^IDKNT. 


3:>i 


ggBvcntion  {i>e  nmt>n<lin);  the  cnnfttitution.  an<l 
tlinttlitv  wen?  iiiteinlwl  both  to  cxprc'H.s  and  to 
ilftct  piiltlic  opinion  ;  l)nt  notliinp  nioru. 
jlayii  -^Ir.  Ta}lor,  of  Ciirolino : 

••  If  Conjrfcss  shonM,  a^  wns  certainly  jxwsilile, 
l>.'i«iato  unconstitutionally,  it  wa.'*  evident  that 
111  ilieory  they  have  done  wron;;,  and  it  only 
ri.niaiiH'd  to  consider  whether  the  constitution 
ii  so  defective  as  to  have  established  limitations 
111(1  reservations,  without  the  means  of  enforcin.; 
thim.  in  a  mcxle  by  which  they  could  bo  made 
practically  useful.  Suppose  a  clashin;^  of  opin- 
ion should  exist  between  Congress  and  the 
States,  respecting  the  true  limits  of  their  consti- 
tutional territories,  it  was  easy  to  see,  that  if 
the  rij^ht  of  decision  had  l)een  vested  in  cither 
party,  that  party,  decidinp  in  the  spirit  of  party, 
wmild  inevitably  have  swallowed  up  the  other. 
The  constitution  nuist  not  only  have  foreseen 
(lie  possibility  of  such  a  clashing^,  but  also  the 
consequence  of  a  preference  on  either  side  as 
to  its  construction.  And  out  of  this  foresight 
must  have  arisen  the  fifth  article,  by  which  two 
tiiird.^  of  Congress  may  call  upon  the  States  for 
iui  explanation  of  any  such  controversy  as  the 
present ;  and  thus  correct  an  erroneous  construc- 
tion of  its  own  acts  by  a  minority  of  the  States, 
whilst  two  thirds  of  the  States  are  also  allowed 
t)  compel  Congress  to  call  a  convention,  in 
(,1^0  SI)  many  should  think  an  amendment  neces- 
sary for  the  purpose  of  checking  the  unconsti- 

tut  onal  acts  of  that  body Congress 

is  the  creature  of  the  States  and  the  people ;  but 
neither  the  States  nor  the  people  are  the  creatures 
of  Congress.     It  would  be  eminently    absurd, 
tiiat  the  creature  should  exclusively  construe 
the  instrument  of  its  own  existence ;  and  there- 
lure  this  construction  was  reserved  indiscrimi- 1 
nately  to  one  or  the  other  of  those  powers,  of  i 
nhich  Congress  was  the  joint  work ;  namely,  | 
til  the  people  whenever  a  convention  was  re- 1 
till  tod  to.  or  to  the  States  whenever  theoperation 
fiiould  he  carried  on  by  three  fourths." 

"  Mr.  Taylor  then  proceeded  to  apply  these 
observations  to  the  threats  of  war,  and  the 
apprehension  of  civil  commotion, '  towards  which 
the  resolutions  were  sai'l  to  have  a  tendency.' 
Are  the  republicans,  said  he,  possessed  of  fleets 
and  armies  ?  If  not,  to  what  could  they  appeal 
for  delence  and  support  ?  To  nothing,  except 
public  opinion.  If  that  should  be  against  them, 
tiiey  must  yield;  if  for  them,  did  gentlemen 
mean  to  say,  that  public  will  should  be  assailed 
by  force?  ....  And  against  a  State 
which  was  pursuing  the  only  possible  and  or- 
dinary mode  of  ascertaining  the  opinion  of  two 
thirds  of  the  States,  by  declaring  its  own  and 
asking  theirs?  " 

"  He  observed  that  the  resolutions  had  been  ob- 
joctcd  to.  as  couched  in  language  too  strong  and 
ottensiTc ;  whilst  it  had  also  been  said  on  the  same 
side,  that  if  the  laws  were  unconstitutional,  the 
people  ought  to  fly  to  arms  and  resist  'hem.    To 


this  he  rfplie<l  that  ho  wn«not  suq^ri-x-il  ti>  hoar 
the  enenues  of  the  n'solntidits  rmiiniuitidinii 
meastires  which  were  either  IVelileor  r:ish.  'I'ini- 
idity  only  servt-il  to  invite  a  repelition  oi"  injury. 
whilst  an  unconstitutional  resort  to  nnns  wmiid 
not  only  jUHtly  exasjH'nUe  nil  good  nieii.  but 
invite  those  who  ditlered  from  the  l'ri(  nds  of  the 
resolutions  to  the  same  njiiK'nl,  niid  |iro(luce  .% 
civil  war.  Hence,  tluse  who  wished  to  pri'servo 
the  peace,  as  well  as  the  constitiilinn,  had  r«'- 
jected  both  alternatives,  and  chosen  the  middle 
way.  They  had  uttered  what  they  eoiiciived  to 
be  truth,  and  they  had  pursued  a  sy.'lem  whieh 
was  only  an  apj^al  to  i>ublic  opinion  ;  because 
that  app«'al  wa.s  warranted  by  the  constitution 
and  by  principle." 

Mr.  Slerccr,  in  rei)ly  to  Mr.  (i.  K.  Taylor, 
said ; 

"  The  gentleman  from  Prince  fieorge  had  told 
the  committee  that  tlic  resolutions  wito  cal- 
culated to  rouse  the  jwople  to  re-ist.inec.  to 
excite  the  people  of  Virginia  against  the  lederal 
government.  Mr.  Mercer  did  not  see  how 
such  consequences  could  result  from  their  adop- 
tion. They  contained  nothing  more  than  the 
sentiment  which  the  peojjle  in  many  parts  of 
the  State  had  expressed,  and  whieh  had  been 
conveyed  to  the  legislature  in  their  meiuorial.s 
and  resolutions  then  lyin^i-  on  the  table.  He 
would  venture  to  say  that  an  attention  to  the 
resolutions  from  the  committee  would  juove 
that  the  o.ualities  atti-mpted  to  be  atlacheil  to 
them  by  the  gentleman  could  not  be  found." 

''  The  right  of  the  State  government  to  inter- 
fere in  the  manner  propo.sed  by  the  res(dutions, 
Mr.  Mercer  contended  was  clear  to  his  mind. 

The  State  believed  some  of  its 

rights  had  been  ixivaded  by  the  late  acts  of  the 
general  government,  and  proposed  a  remedy 
whereby  to  obtain  a  repeal  of  them.  The  plan 
contained  in  the  resolutions  ajjpeiired  to  Mr. 
Mercer  the  most  advisable.     Force  was   not 

thought  of  by  any  one The  States 

were  equally  concerned,  as  their  rights  had 
been  equally  invaded ;  and  nothing  seemed  more 
likely  to  produce  a  temper  iu  Congress  for  a 
repeal." 

"The  object  (of  the  friends  of  the  resolutions), 
in  addressing  the  States,  is  to  obtain  a  similar 
declaration  of  opinion,  with  resjiect  to  several 
late  acts  of  tiie  general  government.  .... 
and  thereby  to  obtain  a  repeal." 

Mr.  Barbour,  likewise,  in  reply  to  Mr.  0.  K. 
Taylor,  said : 

"The  gentleman  from  Prince  George  had  re- 
marked that  those  resolutions  invited  tlie  people 
to  insurrection  and  to  arms ;  but,  if  he  could 
conceive  that  the  con.sequences  foretold  would 
grow  out  of  the  measure,  he  would  become  its 

bitterest  enemy." The  resolutions 

were  "  addressed,  not  to  the  people  but  to  the 


'rix. 


352 


TIIIUTY  yi:a5i.v  vikw 


i 


lister  StiitcH ;  prayin|r,  in  a  pin-idc  way,  tlicir 
(■()-o|H'riili<)ii,  III  arifstiiiK  the  tiiiikncy aiiil  ttfcct 
of  iiii('(iii>titiUi<iiial  InwH. 

'•  For  his  part,  lie  wiw  for  iisinjr  no  Tiolt-nrc. 
It  wa.-i  (lie  peculiar  hliHMiiii;  of  I  lie  AiiiiTican 
|)c'oplt!  to  liavi'  redress  within  their  reach,  by 
tfMieititntioiial  uiid  peaceful  ineanH." 

On  the  ^aIllc  jioint,  Mr.  Daniel  spoke  as  fol- 
lows : 

"  If  the  other  States  think,  with  this,  that  the 
laws  are  nnconslitiitional,  the  laws  will  he  re- 
jK'aled,  and  the  constitntioiial  questitm  will  be 
settled  by  thia  declaration  of  a  majority  of  tiie 

States." "If,  on  the  contrary,  a 

.siiflicietit  iiiiijority  of  the  States  should  declare 
their  opinion,  tliat  the  constitution  gave  Con- 
gress authority  to  pass  these  laws,  the  constitu- 
tional question  woulil  still  bt;  settled;  but  an 
attempt  niif;ht  be  made  so  to  anend  the  consti- 
tution as  to  take  from  Conjrn."5s  this  authority." 

And,  finally,  Mr.  Taylor  of  Caroline,  in  clos- 
ing the  debate,  and  in  explanation  of  his  former 
remarks  in  respect  to  calling  a  convention,  said : 

■'  lie  would  explain,  in  a  favr  w  ord.s,  what  he 
had  before  said.  That  the  plan  proposed  by  the 
resolutions  would  not  eventuate  in  war,  but 
mifiht  in  a  convention.  He  did  not  admit,  or 
contemplate,  that  a  convention  would  be  called, 
lie  only  said,  that  if  Congress,  upon  being  ad- 
dressed to  have  these  laws  repealed,  should  per- 
sist, they  might,  by  a  concurrence  of  three 
fourths  of  the  States,  be  compelled  to  call  a  con- 
vention." 

It  is  scon,  then,  by  these  extracts,  that  the 
opposers  of  the  resolutions  did  not  charge  upon 
them,  nor  their  supporters  in  any  manner  con- 
tend for,  any  principle  like  that  of  nulliflcation ; 
that,  on  the  contrary,  the  supporters  of  the  re- 
solutions, go  far  from  the  absurd  proposition 
that  each  State  could,  for  itself,  annul  the  acts 
of  Congress,  and  to  that  extent  stop  the  opera- 
tion of  the  federal  government,  they  did  not  re- 
cognize that  power  in  a  majority  of  the  States, 
nor  even  in  all  the  States  together,  by  any  extra- 
constitutional  combination  or  process,  or  to  an- 
nul a  law  otherwise  than  through  the  prescribed 
forms  of  legislative  repeal,  or  constitutional 
amendment. 

The  i-esolutions  were,  however,  vigorously 
assailed  by  the  federal  party  throughout  the 
Union,  especially  in  the  responses  of  several  of 
the  States ;  and  at  the  ensuing  session  of  the 
Virginia  legislature,  those  State  responses  were 
sent  to  a  committee,  who  made  an  elaborate  ex- 
amination of  the  resolutions,  and  of  the  objec- 


tions th.it  had  Ihh'ii  made  to  them.  concliKlin. 
by  a  jiistilication  of  them  in  all  particular. 
and  reiterating  their  declarations.  Thii  rr- 
jKirt  was  adopted  by  the  general  assirnljl, 
and  is  a  part  of  the  t-ontemporaneous  nnd  nu 
llientic  interpretation  of  the  resolutions.  H,, 
report  says : 

"  A  declaration  that  proceedings  of  the  Hdirri 
poveninient  are  not  warranted  by  the  coii>titi| 
tion,  is  a  novelty  neither  among  the  tiiizcn- 
nor  among  the  legislatures  of  the  States. 

"  Nor  can  the  declarations  of  cither,  wliMl^.f 
alTinning  or  denying  the  constitutionality  „f 
meaeures  of  the  federjjl  government,  or  wl.itlur 
made  bi'fore  or  after  judicial  decisions  tlierwm 
be  deemed,  in  any  point  of  view,  an  assl|lll|^ 
tion  of  the  office  of  judge.  The  t]eelaraliijii> 
in  such  cases,  are  expressions  of  opinion,  unac- 
companied by  any  other  cflect  than  wlmt  tluv 
may  produce  on  opinion,  by  exciting  reflection, 
The  expositions  or  the  judiciary,  on  the  otliw 
liand,  are  carried  into  immediate  clfect  by  force. ' 

Again :  "  In  the  example  given  by  the  Stato. 
of  declaring  the  alien  and  sedition  acts  to  ix 
unconstitutional,  and  of  communicating  the  dec- 
laration to  other  States,  no  trace  of  inijiropir 
means  has  appeared.  And  if  the  other  tjtatts 
had  concurred  in  making  a  like  declaration,  Fii|h 
ported  too,  by  the  numerous  applications  flow- 
ing immediately  from  the  people,  it  can  scarcely 
be  doubted,  that  these  simple  means  woulil 
have  been  as  suiBcient,  as  they  are  unuKcp- 
tionable. 

"  It  is  no  less  certain  that  other  means  mi;'hi 
have  been  employed,  which  are  strictly  within 
the  limits  of  the  constitution.  The  legisluturcii 
of  the  States  might  have  made  a  direct  represen- 
tation to  Congress,  with  a  view  to  obtain  a  re- 
scinding of  the  two  offensive  acts  ;  or  they 
might  have  represented  to  their  respective  scni 
tors  in  Congress  their  wish,  that  two-thinis 
thereof  would  propose  an  explanatory  amend- 
ment to  the  constitution  ;  or  two-thirds  of 
themselves,  if  such  had  been  th^ir  option,  might. 
by  an  application  to  Congress,  have  obtained  a 
convention  for  the  same  object. 

"  These  several  means,  though  not  tqually 
eligible  in  themselves,  nor  probably  to  tlie 
States,  were  all  constitutionally  open  for  con- 
sideration. And  if  the  general  assembly,  after 
declaring  the  two  acts  to  be  unconstitutional 
the  first  and  most  obvious  proceeding  on  tlit 
subject,  did  not  undertake  to  point  out  to  tin 
other  States  a  choice  among  the  farther  mea- 
sures that  might  become  necessary  and  pro]xr, 
the  resource  will  not  be  mi-sconstrued  by  liberal 
minds  into  any  culpable  imputation." 

These  extracts  are  valuable,  not  only  for 
their  positive  testimony  that  the  llesohitiocs 
of  1798,  nor  their  authors,  had  ever  contem- 
plated such  a  doctrine  as  Nulliilcation ;  but  { 


ANNO  1833.     AMUIKW  JA<  KxiN,  rKHslhKNT. 


353 


Nullification ;  bul 


iIjo  for  their  precise  (kflnition  ami  cnuniora- 
uou  '>{  ill"  ]«>\vurs  which,  in  the  piviiii.Hf.*. 
were  ri's'ly  chtiiiied  fi)r  thv  Hlnti'S,  hy  the  Stntc- 
Ilijllits  JU'fiublicans  of  tliat  da}-.  'Ihcy  up'  ull 
Jistiucily  laid  down : 

1,  IJy  a  column  declaration  of  opinion,  caicu- 
lati'<l  to  optTute  on  the  pnlilie  Hciitiincnt,  and  to 
iiniuo'  the  co-oiH-ration  of  other  States  in  like 
lieclarutiona. 

2,  To  make  a  direct  representation  to  Con- 
cress,  with  a  view  to  obtain  a  repeal  of  the  acts 
compl^kined  of. 

3,  To  represent  to  their  respective  senators 
their  wish  that  two-thirds  thereof  would  pro- 
iiose  an  exj)lanatory  amendment  to  the  consti- 
tution. 

4,  By  the  concurrence  of  two-thirds  of  the 
States  to  cause  Congres.s  to  call  a  convention 
for  the  same  object. 

These  are  the  entire  li.st  of  the  remedial 
powers  suspected,  by  the  Kcsolutions  of  1798, 
and  their  author  and  adopters,  to  c.\ist  in  the 
States  with  reference  to  federal  enactments. 
Their  variant  character  fi-om  the  peremptory 
arrest  of  acts  of  Congres.s  proposed  by  nullifica- 
tion, is  well  illustrated  in  the  comparison  made 
ia  the  report  between  expressions  of  opinion 
like  those  of  the  resolutions,  and  the  compul- 
sory operation  of  a  judicial  process.  Supposing, 
says  the  report,  "  that  it  belongs  to  the  judicia- 
ry of  the  United  States,  and  not  the  State  legis- 
latures, to  declare  the  meaning  of  the  federal 
constitution,"  yet  the  declarations  either  of  a 
State,  or  the  people,  "  whether  affirming  or  de- 
nying the  constitutionality  of  measures  of  the 
federal  government,  or  whether  made  before  or 
after  judicial  decisions  thereon,"  cannot  "be 
deemed  in  any  point  of  view  an  assumption  of 
tlie  office  of  the  judge ;"  because,  "  the  declara- 
tions in  such  cases  are  expressions  of  opinions 
unaccompanied  with  any  other  cfiect  than 
what  they  may  produce  on  opinion,  by  excit- 
i  ing  reflection ; " — whereas,  "  the  expositions  of 
the  judiciary  are  carried  into  immediate  effect 
I  by  force." 

The  Republicans  who  adopted  the  Resolu- 
Itions  of  1798,  never  contemplated  carrying  their 
I  expositions  into  cifect  by  force ;  never  contemplat- 
Icd  imparting  to  them  the  character  of  decisions, 
lor  decrees,  or  the  legal  determination  of  a  ques- 
Ition ;  or  of  arresting  by  means  of  them  the  ope- 
|ration  of  the  acts  they  condemned.  The  worst 
Vol.  I.— 23 


the  enemies  of  the  ri'.'<(ilutiiitii*  iindirlouk  to  <ny 
iif  thi'in,  wiiH  that  thiy  Wfie  iiitcni|H't'nt<>,  aii>i 
might  niislend  the  |M>o]ile  into  dii'otMMlii-nci'  of 
tiie  laws.  Thin  was  hucriiJ.-irully  cuiiibiktcil  ; 
but  had  it  been  true — hiul  the  author-t  of  tli<i 
resolutions  even  intended  any  thing  so  baso,  it 
would  still  have  been  nothing  <M)nipanibli'  to 
the  crime  of  .Strife  nuUilicatioii  ;  of  phuiiig  ll.<j 
State  itself  in  hostile  array  to  the  federal  go\- 
ernnient.  Insubordination  of  individuals  may 
usuiilly  bo  overcome  by  ordinary  judicial  pro- 
<ess,  or  by  the  posse  of  the  county  where  it  oc- 
curs ;  or  even  if  so  extensive  as  to  n-quire  tlic 
l^ace-oHicers  to  bo  aided  by  the  military,  it  is 
still  bi.'  a  matter  of  police,  and  in  our  co\mtry 
cannot  endanger  tho  existence  of  t!>e  povirii- 
ment.  Ilut  the  array  of  a  Stale  of  the  Union 
against  the  federal  authority,  is  icar — a  war  be- 
tween powers — both  sovereign  in  their  resjiec- 
tivo  spheres — and  that  could  only  terminate  in 
the  destruction  of  the  one,  or  tho  subjugation 
and  abasement  of  the  othc. 

But  neither  the  one  or  the  other  of  these  crimes 
was  contemplated  by  the  authors  of  the  llesfdu- 
tions  of  1798.  Tho  remedies  they  claimed  a 
right  to  exercise  are  all  pointed  out  in  the  con- 
stitution itself;  capable  of  application  without 
disturbing  the  processes  of  the  law,  or  suggesting 
an  idea  of  insubordination ;  remedies  capable  of 
saving  the  liberties  of  the  people  and  the  rights 
of  the  States,  and  bringing  back  the  fedenvl  gov- 
ernment to  its  constitutional  track,  without  a 
jar  or  a  check  to  its  machinery ;  remedies  felt 
to  bo  sufficient,  and  by  crowning  experience 
soon  proven  to  bo  so.  It  is  due  to  the  memory 
of  those  men  and  those  times  that  their  acts 
should  no  longer  be  misconstrued  to  cover  o 
doctrine  synonymous  with  disorganization  and 
civil  war.  The  conduct  both  of  the  government, 
and  the  people,  on  tho  occasion  of  these  resolu- 
tions, show  how  far  the}'  were  from  any  nullify- 
ing or  insubordinate  intention;  and  this  fur- 
nishes us  with  another  convincing  proof  of  tho 
contemporaneous  interpretation  of  the  resolu- 
tions. So  far  (as  Mr.  Madison  justly  says )" 
was  the  State  of  Virginia  from  countenancing  the 
nullifying  doctrine,  that  the  occasion  was  viewed 
as  a  proper  one  for  exemplifying  its  devotion  to 
public  order,  and  acquiescence  in  laws  which  it 
deemed  unconstitutional,  while  those  laws  were 
not  repealed.    The  language  of  the  Governor  of 

*  Selections  A'om  the  correspondence  of  Mndlson,  |i.  899. 


Xji 


IIIIIITV   YKAIIS'  VIKW. 


.  \m\ 


'  , . 

1 

m 

'■% 

:i 

111''  Miitc  (Mr.  .l;uiiis.M'>iiro«), in  nitttcrto  Mr. 
Mmli^ori,  in  Miiy  nml  .liinc  '  f  IK'XI,  will  Bth-^t 
tlic  '  riiici|i|is  itii<l  foclin/s  wliioli  dictnti'*!  tin- 
roil r  1  iiiirxiKil  on  llii?  ()<Ta>i<m,nii<l  wlu'llur  (lio 
|k'<iii1l'  iiihIitsIimmI  till-'  ri'MiliitiiMiH  in  any  iiifliim 
iiiatory  or  vicious  mTiHc. 

On  llic  I'ltli  M'ly,  iHOd.  <l()vtTiior  >[oni<ii' 
writoM  to  Mr.  .Miidisoii  «m  follow>: 

"  n(«i(li"<.  I  think  then- in  causL-to  Hiis|K'ct  tlic 
MMlition  law  will  1«'  ciirrii'il  into  i-llrct  in  tliin 
Mati'  at  the  a]p|in>ii<'liinf;  fnlcnil  ronrt,  aii<l  I  ' 
iiii^rht  to  he  tlieru  (Kii'liniond)  to  aid  in  prcviiit-  | 

inv:  troidili- I  think  it  posriihlo  an  idea  , 

may  Iw  cntcrlaiiii"!  nl  ojipositioii,  an<l  hy  nieann  ' 
whiTcof  the  fair  prospect  of  the  repuhliean  |»arty 
may  Ik;  overeju-^t.  IJut  in  thiH  they  aredeeeive<l.  i 
as  certain  characterH  in  Kiehniond  and  some  | 
neifrhhorinp;  counties  ure  already  warneil  of  | 
their  danfier,  s.>  that  an  attempt  to  c.vcitc  u  hot-  i 
water  insurrection  will  fail."  I 

And  on  the  4ili  of  Juno,  1800,  he  wrote  again, 
a.^  follows : 

"  The  conduct  of  the  people  on  this  occasion 
was  exemplary,  and  does  tin  m  the  liifihe.st 
honor.  They  seemed  aware  that  the  crisis  de- 
mamled  of  them  a  jiroof  of  their  respect  for  law 
and  order,  and  resolved  to  show  tliey  were  equal 
to  it.  I  am  satisfied  a  dilferent  conduct  was  ex- 
j!  'ted  from  them,  for  every  thing  that  could 
^\:sdono  to  provoke  it.  It  only  remains  that 
l!:  s  business  be  clo  ed  on  the  part '>f  the  people, 
rt  it  has  been  so  far  acted ;  that  the  judge,  ofter 
t'nishing  his  career,  go  otf  in  peace,  without  cx- 
iieriencing  the  slightest  insult  from  any  one; 
and  that  this  will  be  the  cose  I  have  no  doubt." 

Governor  Monroe  was  correct  in  the  supposi- 
tion that  the  Kedition  law  would  be  carried  into 
effect,  at  the  approaching  session  of  the  federal 
court,  and  he  was  also  right  in  tlie  anticipation 
that  the  people  would  know  how  to  distinguish 
between  the  exercise  of  means  to  procure  the 
repeal  of  an  act,  ar,  1  the  exercise  of  violence  to 
stop  its  operation.  The  act  was  enforced ;  was 
"  carried  into  effect  "  in  their  midst,  and  a  fel- 
low-citizen incarcerated  under  its  odious  pro- 
visions, without  a  suggestion  of  official  or  other 
interference.  Thus  we  have  the  contemporane- 
ous interpretation  of  the  resolutions  exemplified 
and  set  at  rest,  by  the  most  powerful  of  argu- 
ments: by  the  impressive  fact,  that  when  the 
public  indignation  was  at  its  height,  subsequent 
to  the  resolutions  of  1798,  and  subsequent  to  the 
report  of  '99,  and  when  both  had  been  univer- 
fcally  disseminated  and  read,  and  they  had  had, 
ivith  the  debates  upon  them,  their  entire  influ- 


fnw  on  th**  public  mi  •■:  ;  ihat  nt  thnt  mon.cnr, 
the  art  of  Conjrre^s  agEiiUHt  which  tlii'  n-.-inlulifiiK 
Were  chiefly  niU'  1,  atid  tin-  indiirtintion  of  tlu. 
community  <hietly  kindlid,  was  then  ami  th, n, 
iK.'iod  into  execution,  nn<l  that  in  a  form— th, 
v;._|Ust  deprivation  of  a  citizen  of  lii^  lilnTtv-^- 
tlie  most  obnoxious  to  a  free  {leople,  iiihI  tln^  tnii«t 
likely  to  rouse  their  opjHJsition  ;  yet  quit  t'v  aiKJ 
jieaceidily  done,  by  the  niniple,  ordituiry  ).  oce(i« 
of  the  fi'deral  court.  This  fact,  ko  cieditahlv  to 
the  ijcoplu  of  Virginia,  is  thus  note)  in  the  an- 
iMial  inesisagi'  of  (rovernor  Monroe,  to  the  genr- 
ral  as.-nnbly,  at  their  ni.\l  meeting,  Itecciulur 
1800: 

"  Fn  connection  with  this  subject  [of  the  rrs<,- 
liitioiis]  it  is  proper  to  add.  that,  since  yoi--  la^t 
sestion,  the  sedition  law,  one  of  the  act--  cotii 
j)laini;l  of,  has  men  carried  into  (tlici  in  ilii, 
commonwealth  by  the  decision  of  a  ti(lenil('(ii;i(. 
I  notice  this  cent,  not  with  a  view  of  censiirin.- 
or  criticising  it.  The  tran.saction  has  gone  in 
the  world,  and  the  impartial  will  judge  of  it  n- 
it  desecves.  I  not  lee  it  for  the  purpo.se  of  re- 
marking that  the  decision  was  executed  witli  the 
same  order  and  tranquil  stihmission  on  the  ym 
if  the  jR-ople,  as  ctiiild  h.-wt;  been  shown  by  thtiri 
on  a  similar  (xciision,  lo  any  the  most  necessary, 
constitutional  ami  popoular  acts  of  the  govtriV 
ment." 

Governor  Monroe  tlien  adds  his  offieiul  anil 
personal  testimony  to  the  proper  intent  ami 
character  of  the  procee<lings  of  '98,  '9,  as  follows ; 

"  The  general  a.^.^cmbly  and  the  good  people 
of  this  commonwealth  have  acquitted  themselvis 
to  their  own  consciences,  and  to  their  brethren 
in  America,  in  -  upport  of  a  cause  wliich  they 
deem  a  national  uuc,  by  the  stand  ,i  hich  they 
made,  and  the  sentiments  they  expres.scd  of 
these  acts  of  the  general  government ;  but  they 
have  looked  for  a  change  in  that  respect,  to  a 
change  in  the  public  opinion^  which  ought  toW 
free ;  not  to  measures  of  violence,  discord  and 
disuuion,  which  they  abhor." 


CHAPTER    LXXXVIII. 

VIEGIXTA  RESOLUTIONS  OF  179S:-r)ISAnUSED  OF 
KULLIFICATION,  BY  THEIK  AUTUOli. 

ViNDicATKD  upon  their  words,  and  upon  con- 
temporaneous interpretation,  another  vindica- 
tion, superfluous  in  point  of  proof,  but  due  to 
those  whose  work  has  been  perverted,  nwait< 
these  resolutions,  derived  from  the  words  uf 


ANNO  l*-:!!.     AM'I'.KW  JA(  KSf)N.  ri!l>inKNT. 


35j 


nt  that  monnnr, 
I'h  till'  n-siilntifiiK 
i(lii;nntion  of  tlm 
R  tliin  ami  ttn  t>. 
it  in  a  form— th. 
I  of  lii'*  lilKTIy— 
r>i>Io,iiiiil  tlii>m<»t 
r,  jot  (luiit'y  ati'l 
,  onlinury  )  hv^h 
t   so  creilitiilili'  tu 

noti  '  in  tlicaii- 
iirno,  til  thi'  pi'tic- 
eoting,  l)i;ctiiilHT 

ilijt'Ct  [of  the  rcs'i- 
iiit,  since  yoi-  last 
of  flic  acts  com 
into  ciicci  in  ili;« 
nof  af'idi'nilror.ri. 
I  vifw  of"  cciisnriii.' 
irfion  Ims  poiic  in 
will  jiulpe  of  il  ii- 
tbc  jjurpose  (jf  n- 
4  executed  with  tla' 
nisfiion  on  the  iiurt 
sen  shown  by  them 
:ho  most  iieccssury, 
lets  of  the  liovcrii- 

1k  his  officiiil  uml 
propor  intent  aiKJ 
f'yS, '9,  as  follows: 

d  the  pood  pcopit' 

cqiiittedthenisclvis 

to  their  brethren 

cause  which  they 

stand  .ihich  they 

they  expressed  of 

crnment ;  but  they 

that  respi'ct,  to  a 

wh'ich  ought  to  W 

olence,  discord  ami 


XXVIII. 

79S:— DISABUSED  OF 
lElU  AUTUOn. 

rds,  and  upon  enn- 
another  vindica- 
r  proof,  but  due  to 
n  perverted,  await< 
from  the  words  uf 


•  conceive 
'  '.>  m- 
was 
rcso- 

viifii  th-  \-  were 


-vl 


'heir »"thor(afttT"«Tinjr  fluir  |xTMT(ti<in);  and 
;,,  iit.''ilvr  luiM-<  If  mid  iu!*  llf^<H•intc"«  from  tlio 
.rinviiial  abcunlity  nttrlliufnl  to  tlicn. 

'Ilii'  nmlrm|Mirnrv  <i['P<>nciiU  of  ihc  Itcfiolu- 
ij.iiiiof  17''H  Huid  all  the  evil  of  them,  and  n- 
|Ti«cnfed  tfuni  in  every  odious  li^dit,  that  por- 
vcvcrinjr.  keen  and  enli^ditcnd  opponition  rould 
iliscover  or  imagine  Their  defenders  hucccrh- 
fiillv  rcjK'lled  the  cIuip^'j.s  then  made  apaini-t 
thini ;  but  could  not  viii-iicate  them  fiom  intend- 
in.:  the  iiiodem  doctrine  of  Nuliilication,  because 
th:it  (lortrine  had  not  tlien  horn  vented,  and 
the  in;:enuity  of  tlieirailver>:iri 
(if  tlmt  ground  of  attack 
thor.  however — the  illuKtrion 
still  nliv  I  .  when  this  new  pcr^ 
iiitionsi  had  been  invented,  am 
quoted  to  sustain  doctrines  synonynnms  with 
.iisorjjanization  and  disunion,  lie  was  still  alive, 
m  rclireuient  on  his  fann.  His  modesty  and 
K'lw  of  propriety  hindered  him  from  carrying 
the  prestipe  and  inlluenco  of  his  name  into  the 
[Kilitics  of  the  day  ;  but  liis  vifforous  mind  still 
watched  with  anxious  and  patriotic  interest  the 
current  of  publn;  aflhirs,  and  rtcoiled  with  in- 
i-tiuctive  horror  both  from  the  doctrine  and  at- 
ii  inpted  practice  of  Nullification,  and  the  attempt- 
eil  connection  of  his  name  and  acts  with  the  ori- 
p;i  (ion  of  it.  lie  held  aloof  from  the  public 
Cdiitesti  but  his  sentiments  were  no  secret.  His 
]!iviito  correspondence,  embracing  in  its  ran^^e 
ih^tinpuished  men  of  all  sections  of  thi  I'nion 
and  of  all  parties,  was  full  of  the  subject,  from 
the  commencement  of  the  Nullification  excite- 
ment down  to  the  time  of  his  death :  sometimes 
lit  lenpth,  andarfiumcntatively ;  sometimes  with 
;i  brief  indipnai.t  disclaimer;  always  earnestly 
;mJ  unequivocally.  Some  of  these  letters,  al- 
though private,  -were  published  during  Mr. 
Madison's  lifetime,  especially  an  elaborate  one  to 
.Mr.  Kdward  Everett ;  and  many  of  the  remain- 
der have  recently  been  put  into  print,  through 
the  liberality  of  a  patrotic  citizen  of  Washington 
(Mr.  J.  Maguire),  but  only  for  private  distribu- 
tion, and  hence  not  accessible  to  the  public. 
Tiicy  are  a  complete  storehouse  of  material,  not 

•  Mr.  Madison  dlil  not  Introduce  tlio  KesoUitlons  Into  the 
Virciuhi  li;f:is)aturf.  llo  was  not  a  meinbor  of  that  body  In 
lTi'4.  The  resolutions  were  roiiorted  by  John  Taylor,  of  Caro- 
iiiip.  Mr.  Madison,  liowover,  was  always  ri'imtod  to  bo  their 
suthor,  and  In  a  letter  to  Mr.  James  Kobcrtson.  written  In 
.March,  1*11,  lie  distinctly  avows  It.  He  was  both  the  author 
lad  r»[«rter of  the  V.port  and  Kcsolulion  onT99-l5liO. 


only  f'lr  the  vinihrnli>'n  of  .M:idi"<'iinnd  Ins  com* 
|«<r<,  from  the  diflrinc  uf  Nnllilicnlion.  but  t^ 
aru'uincnt  and  ren-nns  n;.'iiin«t  .Nulliticatioti  and 
e\ery  kindred  Hu^'gei>lii>n, 

Krom  the  letter  to  ,Mr.  Kmi  it,  pnMinhcd  in 
the  North  .\niencan  licview,  .-hortly  iil'tcr  it 
was  written  (.Xucust,  l.'^.ln)  the  following  e:  • 
tracts  are  taken: 

"  It  (the  constitution  of  thi-  I'liiied  StaleK)wa.s 
formed  bv  the  .*^tates.  that  is.  by  the  |k'ci|iI"  in 
each  of  the  .Stiites.  iicting  in  their  hi)ihe>»  i  • 
reign  capneity  ;  mid  I'urniid  coiisei|iienlh'  f>y  il.i 
same  aiithoiity  which  formed  the  ."^tJ  •■■  i- 
tiilions. 

'■  IJeing  thus  ilerived  from  the  same  .-.ourci  i. 
the  ecnstitntions  of  the  States,  it  has,  within 
each  State,  the  sameaiilhurity  as  the  con>titMtiiin 
of  the  .State,  and  is  as  much  a  constitution  in  the 
strict  t'i'n^*'  of  the  term  within  its  prescribcil 
sjihere,  as  the  constitutions  of  the  States  me 
within  their  respective  spheres;  but  with  this 
obvious  and  essential  flillerence,  that  being  a 
compact  among  the  States  in  their  highest 
Bovereign  capacity,  and  constituting  the  people 
thereof  one  pi'ople  for  certain  jmrposes,  it  cannot 
be  altered  or  annulled  at  the  will  of  the  Stales 
individually,  as  the  constitution  of  a  State  may 
be  at  its  intlividnal  will." 

"  Nor  is  the  government  of  the  I'liited  States, 
created  by  the  constitution,  less  a  government 
in  the  strict  sense  of  the  term,  within  the  sjihere 
of  its  powers,  than  the  governments  created  by 
the  constitutions  of  the  States  aie.  within  their 
several  spheres.  It  is  like  them  organized  into 
legislative,  executive  and  judiciary  departments. 
It  operates,  like  them,  directly  on  j)ersons  and 
things.  And,  like  them,  it  has  at  command  u 
physical  force  for  executing  the  powers  com- 
mitted to  it. 

"  Between  these  difl'erent  constitutional  go- 
vernments, the  one  operating  in  all  the  Stati'S, 
'  the  otheis  operating  .separately  in  each,  with  the 
'  aggregate  powers  of  government  divided  between 
tliem,  it  could  not  escape  attention,  that  contro- 
versies would  arise  concerning  the  boundaries 
of  jurisdiction." 

'•  That  to  have  left  a  final  decision,  in  such 
cases,  to  each  of  the  States,  coidd  not  fail  to 
make  the  constitution  and  laws  of  the  United 
States  dillerent  in  different  States,  was  obvious. 
and  not  less  obvious  that  this  diversity  of  inde- 
pendent decisions,  must  altogether  distract  the 
government  of  the  Union,  and  speedily  put  an 
end  to  the  Union  itself." 

"To  have  made  the  decision  under  the  au- 
thority of  the  individual  States,  co-ordinate  in 
all  cases,  with  decisions  under  the  authority  of 
the  United  States,  would  tmavoidably  produce 
collisions  incompatible  with  the  peace  of  so- 
i  ciety." 

I      "To  have  referred  every  clashing  decision, 
J  under  the  two  authorities,  for  a  final  decision,  to 


f 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


tii§2A     |2.5 

ui   lii 

£   U&    12.0 


M 


J125|U 

< 

6"     — 

». 

1: 


HiotQgraphic 

Sciences 

Corporation 


-i3  WIST  MAIN  STMET 

WEBSTIR,N.Y.  145S0 

(716)«72-4S03 


'^ 


f               '' 

0 

) 

i 


<> 


o^ 


35G 


TIIIUTY  YF^VRS*  VIEW, 


.4 


the  State*  m  pnrtics  to  the  constitution,  would 
\n)  attended  with  delnyH,  witii  inccmvcnitncea 
and  i'Xi)enseH,  amounting  to  a  prohibition  of 
tlio  expedient." 

'•  To  liave  tniFtcd  to  '  nejtotiation '  for  ndjust- 
inp  disputes  l)ctween  the  povernment  of  the 
Unitc<l  States  and  the  State  povernments,  as 
between  independent  and  separato  sovereipnties, 
woujfl  liavc  lost  fipht  altopether  of  a  constitu- 
tion and  povernment  of  the  I'nion,  and  opened 
a  direct  road,  from  a  failure  of  that  resort,  to  the 
ullima  ratio,  lietween  nations  wholly  indejvn- 

dent  of,  and  alien  to  each  other 

Althotiph  the  issue  of  negotiation  might  some- 
times avoid  this  extremity,  how  often  would  it 
happen  among  so  many  States,  that  an  unac- 
commodating spirit  in  some  would  render  that 
resource  unavailing  1 " 

After  thus  stating,  with  other  powerful  rca- 
Bons.  why  all  those  fanciful  and  impracticable 
theories  were  rejected  in  the  constitution,  the 
letter  proceeds  to  show  what  the  constitution 
does  adopt  and  rely  on,  "  as  a  security  of  the 
rights  and  powers  of  the  States,"  namely : 

"  1.  The  responsibility  of  the  senators  and 
representatives  in  the  legislature  of  the  United 
.States  to  the  legislatiires  and  people  of  the 
States:  2.  The  responsibility  of  the  President 
to  the  people  of  the  United  States  ;  and,  3.  The 
liability  of  the  executive  and  judicial  function- 
aries of  the  United  States  to  imp<>achinent  by 
the  representatives  of  the  people  of  the  States 
in  one  branch  of  the  legislature  of  the  United 
States,  and  trial  by  the  representatives  of  the 
States,  in  the  other  branch." 

And  then,  in  order  to  mark  how  complete 
these  provisions  are  for  the  security  of  the 
States,  shows  that  while  the  States  thus  hold 
the  functionaries  of  the  United  States  to  these 
several  responsibilities,  the  State  functiona- 
ries, on  the  other  hand,  \n  their  appointment 
and  responsibility,  arc  "altogether  indepen- 
dent of  the  agency  or  authority  of  the  United 
States." 

Of  the  doctrine  of  nullification,  ''the  expedient 
jitely  advanced,"  the  letter  says  : 

"  The  distinguished  names  and  high  authorities 
which  appear  to  have  asserted  and  given  a  prac- 
ticnl  scope  to  this  doctrine,  entitle  it  to  a  respect 
which  it  might  be  difScult  otherwise  to  feel 
for  it." 

■'  T'he  resolutions  of  Virginia,  as  vindicated  in 
the  report  on  them,  will  be  found  entitled  to  an 
exposition,  showing  a  consistency  in  their  parts, 
and  an  inconsistency  of  the  whole  with  the 
doctrine  under  consideration." 

"  That  the  legislature  could  not  have  intend- 
•d  to  sanction  any  such  doctrine  is  to  be  infer- 


red from  the  d<-batre  in  the  House  of  Dtlcpatrg 
The  tenor  of  the  debates,  wliicti  were  My  run. 
ducted,  discloses  no  nfercnce  wlmttvcr  to  a 
con:  titutional  npht  in  an  individual  State  to  ar- 
rest by  force  a  law  of  the  United  States." 

"If  any  further  liplit  on  the  subject  could  lie 
needed,  a  very  strong  one  is  reflected  in  the  nn- 
swers  to  the  resolutions,  by  the  Stati-s  whidi 

protested  against  them llail  the 

resolutions  been  regarded  as  avowing  and  main- 
taining a  right,  in  an  individual  State,  t»  arre>t 
by  force  the  execution  of  a  law  of  the  Unitid 
States,  it  must  be  presumed  that  it  would  liuve 
been  a  conspicuous  object  of  their  denuncia- 
tion." 

In  a  letter  4o  Mr.  Joseph  C.  Cabell,  May  31. 
1830,  Mr.  Madison  says : 

"I  received  yesterday  yours  of  the  2C,ih. 
Having  never  concealed  my  opinions  of  the  nul- 
lifying doctrines  of  South  Carolina,  I  did  not 
regard  the  allusion  to  it  in  the  H7m>,  especially 
as  the  mannei  tf  the  allusion  showed  that  I  did 

not  obtrude  it I  have  latterly 

been  drawn  into  a  corresjiondence  with  an  ad- 
vocate of  the  doctrine,  which  led  me  to  a  review 
of  it  to  some  extent,  and  particularly  to  a  vin- 
dication of  the  proceedings  of  Virginia  in  ITl'S, 
"J9,  against  the  misuee  made  of  them.  That 
you  may  see  the  views  I  have  taken  of  the  altir- 
rations  of  South  Carolina,  I  enclose  you  an  ex- 
tract." 

And  in  a  letter  to  Sir.  Daniel  "Webster,  writ- 
ten a  few  days  previously,  he  uses  nearly  the 
same  language ;  as  also  in  a  letter  in  February, 
1830,  to  Mr.  Trist. 

To  Mr.  James  Robertson,  March  27,  1831, 
Mr.  Madison  writes  as  follows : 

"  The  veil  which  was  orignally  over  the  draft 
of  the  resolutions  ofl'ered  in  1798  to  the  Virpinia 
Assembly  having  been  long  since  removed,  1 
may  say,  in  answer  to  your  inquiries,  that  it 
was  penned  by  me." 

"With  respect  to  the  terms  following  tho 
term  '  unconstitutional,'  viz., '  not  law,  but  null, 
void,  and  of  no  force  or  effect,'  which  were 
stricken  out  of  the  seventh  resolution,  my 
memory  cannot  say  positively  whether  they 
were  or  were  not  in  the  original  draft,  and  no 
copy  of  it  appears  to  have  been  retained.  On 
the  presumption  that  they  were  in  the  draft  as 
it  went  from  me,  I  am  confident  that  they  mu.-t 
liave  been  ri'garded  only  as  giving  accumulated 
emphasis  to  the  declaration,  that  ths  alien  and 
sedition  acts  had,  in  the  opinion  of  the  assem- 
bly, violated  the  constitution  of  the  United 
States,  and  vol  that  the  addition  of  them  could 
annul  the  acts  or  sanction  a  resistance  of  them 
The  resolution  was  expressly  declaratory,  and. 
proceeding  from  the  legislature  only,  which  w.i; 
not  even  a  party  to  the  constitution,  could  b« 
declaratory  of  opinion  only." 


AXXO  1833.    AN^»RKW  JACKSOS.  nuyiDF.XT. 


357 


C.  Cabull,  May  31, 


terms  following  the 
B., '  not  law,  but  null. 


To  Jo8t<p'>  C.  Cabell,  Si-pt,  10,  18.31 :  ' 

•  [  conjxratiilftto  yoii  on  the  event  which  r-- 
itons  you  to  the  piiblic  councils,  where  your 
si  rvices  will  Ikj  valuable,  lurticularly  in  fkfend- 
inir  tlie  coniitilution  and  tniun  a);ain»t  the  false 
(liictrines  which  assail  them.  Tiiat  of  nullifica- 
tion seems  to  \to  generally  abamloned  in  Vir- 
piiiia,  by  those  wlio  had  most  leaninj;  towanls 
it.  But  it  still  flourishes  in  the  hot-bed  where 
it  .«prun{?  up." 

•  I  know  not  whence  the  idea  could  proccwl 
that  I  conoirri'd  in  the  doctrine,  that  nlthouph 
a  State  could  not  nullify  a  law  of  the  Union,  it 
liji'l  a  ripht  to  secede  from  the  Union.  Both 
>l)nug  from  the  same  poisonous  root." 

To  Mr.  N.  P.  Trist,  December,  1831 : 

'■  I  cannot  see  the  advantapo  of  thi.s  persc- 
Torance  of  iSouth  Carolina  in  claiming  the  an- 
tiuiiity  of  the  Virginia  proceedinjrs  in  1708,  '!)!), 
as  asserting  a  right  in  a  single  ^tate  to  nullify 
an  act  of  the  United  States.  Where,  indeed,  is 
tiie  fairness  of  attempting  to  palm  on  Virginia 
ail  intention  which  is  contradicted  by  such  n 
viiric'ty  of  contradictory  proofs ;  which  has  at 
no  intervening  jicriod,  received  the  slightest 
countenance  from  her,  and  which  with  one  voice 
.she  now  disclaims  ?" 

"To  view  the  doctrine  in  its  true  character, 
it  must  be  recollected  that  it  asserts  a  right  in  a 
sinu'Ie  State  to  stop  the  execution  of  a  federal 
l:av,  until  a  convention  of  the  States  could  be 
brought  about  by  a  process  requiring  an  uncer- 
tain time ;  and,  finally,  in  the  convention,  when 
formed,  a  vote  of  seven  States,  if  in  favor  of  the 
veto,  to  give  it  a  prevalence  over  the  vast  ma-  \ 
jority  of  seventeen  States.     For  this  prcpos-  j 
ttrous  and  anarchical  pretension  there  is  not  a  | 
shadow  of  countenance  in  the  constitution ;  and  i 
well  that  there  is  not,  for  it  is  certain  that,  with 
Hiich  a  deadly  poison  in  it,  no  constitution  could  ' 
ha  sure  of  lasting  a  year."  j 

To  Mr.  C.  E.  Haynes,  August  2G,  1832 : 

"  In  the  very  crippled  and  feeble  state  of  m}' 
health,  I  cannot  undertake  an  extended  answer  to 
your  inquiries,  nor  should  I  suppose  it  necessary 
if  you  have  seen  my  letter  to  Mr.  Everett,  in 
August,  1830,  in  which  the  proceedings  of  Vir- 
pinia,  in  1798--'l)9,  were  e.\"[»lained,  and  the  novel 
doctrine  of  nullification  adverted  to. 

'•Tlie  distinction  is  obvious  between  such 
interpositions  on  the  part  of  the  States  against 
unjustifiable  acts  of  the  federal  government  as 
are  withiu  the  provisions  and  forms  of  the  con- 
stitution. These  provisions  and  forms  certainly 
ilo  not  embrace  the  nullifying  process  pro- 
claimed in  South  Carolina,  which  logins  with  a 
Kingle  State,  and  ends  witli  the  ascendency  of  a 
minority  of  States  over  a  majority ;  of  seven 
over  seventeen ;  a  federal  law,  during  the  pro- 
cess, being  arrested  within  the  nullifying  State ; 
and,  if  a  revenue  law  frustrated  through  all  the 
'^  tales." 


To  Mr.  Trint.  December  2.1, 1S3J: 


"If  one  State  can,  at  will,  withdraw  ficm  tins 
otlHTs,  the  othiT.H  can,  at  will,  withdraw  fn  lu 
h'T.  and  turn  her  nnl-'iitiin  fitrntmi  out  of  tl,i' 
Union.  Until  of  hite,  thtre  is  not  a  State  that 
would  have  abhorred  such  a  doctrine  more  than 
South  C.-irolina,  or  more  dreailtd  an  applic»ti<>n 
of  it  to  herself  The  same  may  Ik?  miid  of  the 
doctrineofniillificatioti  which  she  now  preaches  ;ih 
the  only  faith  by  which  the  Union  can  be  Raved." 

In  a  letter  to  Mr.  Joseph  C.  Cal)ell,  Decembt  r 
28,  1832 : 

"  It  is  not  probable  that  (in  the  adoj)tion  of 
the  resolutions  of  1798),  such  an  idea  as  the 
South  Carolina  nullification  had  ever  entercl 
the  thoughts  of  a  sinirle  member,  or  even  th:;t 
of  a  citizen  of  South  Carolina  herself" 

To  Andrew  Stevenson,  February  4,  1833  : 

"I  have  received  your  commimication  of  the 
20th  iltimo.  and  have  n-ad  it  with  much  plea- 
sure. It  presents  the  doctrine  of  nullification 
and  secession  in  light,^  that  nnist  confound,  S 
failing  to  convince  their  patrons.  Yt/u  have 
done  well  in  rescuing  the  proceedings  of  Vir- 
ginia in  1798-"00,  from  the  many  uiiseonstruc- 
tions  and  misapplications  of  them." 

"Of  late,  attempts  are  observed  to  shelter  the 
heresy  of  secession  under  the  cuse  of  expatrii.tion, 
from  which  it  essentially  ditlers.  The  expatria- 
ting party  removes  only  his  person  and  his  nu)v- 
able  properly,  and  does  not  incommode  those 
whom  ho  leaves.  A  seceding  State  mutilates 
the  domain,  and  disturbs  the  whole  system  from 
which  it  separates  itself.  Pushed  to  the  e.vtent 
in  which  the  right  is  sometimes  as.serted,  it 
might  break  into  fragmenti  every  single  com- 
munity." 

To  Mr.  Stevenson,  February  10, 1833,  in  refer- 
ence to  the  South  Carolina  nullifying  ordinance : 

"  I  consider  a  successful  resistance  to  the  laws 
as  now  attempted,  f  not  immediately  mortal 
to  the  Union,  as  at  le.vst  a  mortal  wound  to  it." 

To  "  a  Friend  of  the  Union  and  State  rights," 
1833: 

"It  is  not  usual  to  answer  communications 
without  proper  names  to  them.  But  the  ability 
and  motives  disclosed  in  the  e.-'ssays  induce  mo 
to  say,  in  compliance  with  the  wish  expressed, 
that  I  do  not  consider  the  i)roceetling8  of  Vir- 
ginia, in  1708-00,  as  countenancing  the  doctrine 
that  a  Stato  niay,  at  will,  secede  from  its  con- 
stitutional compact  w  ith  the  other  States." 

To  Mr.  Joseph  C.  Cabell,  April  1,  1833 : 

"  The  attempt  to  prove  me  a  nullifier,  by  a 
miaconstruction  of  the  resolutions  of  1708-'00, 


.;-4  -^j  'i '  ■ 


:fe.- 


U-- 


338 


THIRTY  YEARS'  VIEW. 


.i'sr. 


tiioii(;h  so  often  Rml  «o  Jntily  corrected,  was,  I 
oltherve.  renewed  Kome  days  iijro  in  the  '  llich- 
inond  Whifr,'  by  an  inference  from  an  erasure 
ill  the  House  of  Delegates  from  one  of  those 
rcsohitions,  of  the  words  'are  null,  void  and  of 
iioeUect.'  wliich  followed  the  word  'unconsti- 
tutional.' These  words,  though  synonymous 
with  '  unconstitutional,'  were  alleped  by  the 
critic  to  mean  nullificsition  ;  and  beinjr,  of  course, 
ii<crihed  to  me,  I  was,  of  course,  a  nullifier.  Jt 
Seems  not  to  have  occurred,  that  if  the  insertion 
of  the  words  could  convict  me  of  beinji  a  nulli- 
fier, tho  erasure  of  them  (unanimous,  I  believe), 
hy  the  legislature,  was  the  strongest  of  protests 

njrainst  the  doctrine The  vote,  in 

that  case  seems  not  to  have enpiped  thcattentiou 
due  to  it.  It  not  merely  deprives  South  Caro- 
lina of  the  authority  of  Virpuia,  on  which  she 
lias  relied  and  exulted  so  much  in  support  of 
her  cause,  but  turns  that  authority  iwintcdly 
against  her." 

From  a  memorandum  "  On  Nullification," 
written  in  1835-'o() : 

"  Althouph  the  legislature  of  Virginia  declared, 
at  a  late  session,  almost  unanimously,  that  South 
Carolina  was  not  supported  in  her  doctrine  of 
nuUilication  by  the  resolutions  of  1798,  it  ap- 
IHjars  that  those  resolutions  are  still  appealed 
to  as  expressly  or  constructively  favoring  the 
doctrine." 

'•  And  what  is  the  text  in  the  proceedings  of 
Virpinia  which  this  spurious  doctrine  of  nullifi- 
cation claims  for  its  patronage  ?  It  is  found  in 
the  third  of  the  resolutions  of  1798." 

''  Now  is  there  any  thing  here  from  which  a 
'  single '  State  can  infer  u  right  to  arrest  or 
annul  an  act  of  the  general  government,  which 
it  may  deem  unconstitutional  ?  So  far  from  it, 
that  the  obvious  and  proper  inference  precludes 
such  a  right." 

"  In  a  word,  the  nullifying  claims,  if  reduced 
to  practice,  instead  of  l)eing  the  conservative 
principle  of  the  constitution,  would  necessarily, 
and  it  may  be  said,  obviously,  bo  a  deadly 
poison." 

•'  The  true  question,  therefore,  is,  whether 
there  bo  a  '  constitutional '  right  in  a  single  State 
to  nullify  a  law  of  the  United  States  ?  We  have 
seen  the  absurdity  of  such  a  claim,  in  its  naked 
and  suicidal  form.  Let  us  turn  to  it,  as  modified 
by  South  Carolina,  into  a  right  in  everj'  State 
to  resist  within  itself  the  execution  of  a  federal 
.aw,  deemed  by  it  to  be  unconstitutional,  and  to 
demand  a  convention  of  the  States  to  decide  the 
question  of  constitutionality,  the  annulment  of 
the  law  to  continue  in  the  mean  time,  and  to  be 
j)ermanent  unless  three  fourths  of  the  States 
concur  in  overruling  the  annulment. 

•'  Thus,  during  the  temporary  nullification  of 
the  law,  the  results  would  be  the  same  as  those 
proceeding  from  an  unqualified  nullification,  and 
the  result  of  a  convention  might  be  that  ."ieven 
out  of  twenty-four  States  might  make  the  tem- 


,  pomry  result-*  p«'nnanent.  It  follows,  that  anv 
State  which  could  <.'i>tnin  the  concunx-noe  of  mx 
others,  might  abrogate  any  law  of  the  I  nitcil 

j  States  whatever,  and  give  to  the  constitution. 

I  constructively,  any  shape  they  plrased,  in  op]Xi- 

I  sition  to  the  construction  and  will  of  the  otlu  r 
seventeen.*  Every  feature  of  the  coustitutiim 
might  thus  be  successively  changed  ;  and  ulu  r 
a  scene  of  unexampled  confusion  and  distraction, 
what  had  been  uiianinioiisly  agreed  to  as  a 
whole,  would  not,  as  a  whole,  be  agreed  to  by  a 
single  party." 

To  this  grap)hic  picture  of  the  disorders  whidi 
even  the  first  stages  of  nullification  would  nice.s- 
sarily  produce,  drawn  when  the  graphic  limner 
was  in  the  eighty-sixth  and  last  year  of  his  life. 
the  following  warning  pages,  written  only  a  feu- 
months  earlier,  may  be  properly  appended : 

"  What  more  dangerous  than  nullification,  or 
more  evident  than  the  progress  it  continues  to 
make,  either  in  its  original  shn])c  or  in  the  di,'.- 
guises  it  assumes  1  Nullification  has  the  cfllct 
of  putting  powder  under  the  constitution  ami 
Union,  and  a  match  in  the  hand  of  every  party 
to  blow  them  up,  at  pleasure.  And  for  its  pro- 
gress, hearken  to  the  tone  in  which  it  is  now 
preached ;  cast  your  eyes  on  its  increasing  mi- 
norities in  most  of  the  Southern  States,  without 
a  decrease  in  any  one  of  th.cni.  Look  at  Vir- 
ginia herself,  and  road  in  the  gazettes,  and  in 
the  proceedings  of  popular  meetings,  the  figure 
which  the  anarchical  principle  now  makco,  in 
contrast  with  the  scouting  reception  given  to  it 
but  a  short  time  ago. 

"  It  is  not  probable  that  this  ofl'spring  of  the 
discontents  of  South  Carolina  will  ever  approach 
success  in  a  majority  of  the  States.  But  a  sus- 
ceptibility of  the  igion  in  the  Southern 
States  is  visible ;  ;  o  danger  not  to  be  con- 
cealed, that  the  sy  j  Jiy  arising  from  known 
causes,  and  the  incnlcatcd  impression  of  a  per- 
manent incompatibility  of  interests  between  t!ie 
South  and  the  North,  may  put  it  in  the  power 
of  pof  alai*  leaders,  aspiring  to  the  highest  sta- 
tions, to  unite  the  South,  on  some  critical  occa- 
sion, in  a  course  that  will  end  in  creating  a  ucw 
theatre  of  great  though  inferior  extent.  In 
pursuing  this  course,  the  first  and  most  obvious 
step  is  nullification,  the  next,  secession,  and  tlie 
last,  a  farewell  separation.  How  near  has  this 
course  been  lately  exemplified !  and  the  danger 
of  its  nicurrence,  in  the  same  or  some  other 
quarter,  may  be  increased  by  an  increase  of  rest- 
less aspirants,  and  by  the  increasing  impracti- 

•  The  Rbore  was  written  wlien  the  niinibor  of  the  States  vu 
twenty  four.  Now,  when  there  are  thlrty-ono  Slates,  the  \tT* 
portion  would  Im)  eight  to  tKenly-thre*  !  that  Is,  that  a  singli) 
State  nullifying,  the  iiulllfleatlon  would  hold  gixHl  till  a  cim- 
vention  were  called,  and  then  if  the  nullifyins;  State  could 
procure  seven  others  to  ,joln,  the  null  fleation  would  beooDM 
absolute— the  eli;ht  States  overruling  the  tweuty-tbree. 


A>'XO  1833.    ANDREW  JACKSOX,  rRR*IDKXT. 


359 


nunibur  of  tlio  States  wis 
lilrty-one  Sifttta,  the  jiru- 
rtf  !  tlmt  If,  tliat  a  slnglt) 


rability  of  rctftininf;  in  Ui«  Union  a  larp>  and 
(inifiitcd  section  a^'aint«t  its  will.  It  may,  in- 
(jittl,  ha|)iK'n,  that  a  rvturn  of  dHn;:c-r  fmni 
abroad,  or  a  revived  apprehension  of  danger  at 
homo,  may  aid  in  binding  tho  States  in  one  yrnW- 
Ileal  systfin,  or  that  the  peofrrnphical  and  com- 
nicaiul  li(;ature8  may  have  that  ctll-ct,  or  that 
the  present  discord  of  interobts  iHitween  the 
North  and  tho  South  may  );ive  way  to  a  los.s 
diversity  in  tho  application  of  labor,  or  to  the 
mutual  adrantafse  uf  a  safe  and  constant  inter- 
liianpc  of  tho  dilTerent  products  of  labor  in  dif- 
llrcnt  sections.  All  this  may  happen,  and  with 
the  exception  of  foreign  ho.stility.  hoped  for. 
Hut,  in  the  mean  time,  local  pn>judiccs  and  am- 
bitious leaders  may  be  but  too  successful  in 
linding  or  creating  occasions  for  the  nullifying 
i'xp<!i'iment  of  breaking  a  more  beautiful  China 
vase*  than  the  British  empire  ever  was,  into 
parts  which  a  miracle  only  could  reunite." 

Incidentally,  Mr.  Madison,  in  these  letters, 
vindicates  also  Iiis  compeers,  Mr.  Jefferson  and 
Mr.  Monroe.  In  the  letter  to  Mr.  Cabell,  of 
May  31, 1830,  ho  says: 

^  You  will  see,  in  vol.  iii.,  page  429,  of  Mr. 
Jefferson's  Correspondence,  a  letter  to  W.  C. 
Nicholas,  proving  that  ho  had  nothing  to  do  with 
the  Kentucky  resolutions,  of  171)9,  in  which  the 
word 'nullification' is  found.  The  resolutions 
of  that  State,  in  1798,  which  were  drawn  by 
iiira,  and  have  been  republished  with  the  pro- 
ceedings of  Virginia,  do  not  contain  this  or  any 
cijuivalent  word." 

lu  the  letter  to  Mr.  Trist,  of  Dr-embcr,  1831, 
lifter  developing  U  some  length  the  inconsisten- 
cies and  fatuity  of  the  "  nullification  preroga- 
tive," Mr.  Madison  says : 

"  Yet  this  has  boldly  Bouglit  a  sanction,  under 
tlic  name  of  Mr.  Jefferson,  because,  in  his  letter 
to  Mr.  Cartwright,  he  held  out  a  convention  of 
the  States  as,  with  us,  a  peaceful  remedy,  in 
cases  to  be  decided  in  Eurojie  by  intestiae  wars. 
Who  can  believe  that  Mr.  Jefferson  referred  to 
a  convention  summoned  at  tho  plea.sure  of  a 
single  State,  with  an  interregnum  during  its  de- 
liberations ;  and,  above  all,  with  a  rule  of  deci- 
Bion  subjecting  nearly  three  fourths  to  one 
fourth  ?  No  man's  creed  was  more  opposed  to 
such  an  inversion  of  the  republican  order  of 
things." 

In  a  letter  to  Mr.  Townsend  of  South  Caro- 
lina, December  18,  1831 : 

"  You  ask  '  whether  Mr.  Jefferson  was  really 
Ihe  author  of  tho  Kentucky  resolutions,  of 
1799;'  [in  which  tho  word  'nullify'  is  used, 
though  not  in  the  sense  of  South  Carolina  nul- 
lification.]   The  inference  that  he  was  not  is 

*  8«e  Fraokltii'i  letter  to  Lord  Iluwe,  in  IT'S. 


I  as  conclusive  a.s  it  is  obviou-x,  from  his  lotti-r  to 
I  ('i»l.  Wilson  L'ary  Nichojim,  nf  .SptcmUr  .'>, 
I  17W'.>,  in  which  he  expressly  <leclines,  for  nusonn 
stati'<l,  preparing  any  thing  for  the  legislutun> 
of  (hat  year. 
I      '• 'lliat  he  (Mr.  Jefferson)  ever   asserted   n 
rinht  in  a  single  State  to  arrest  the  execution 
j  of  an  act  of  Congress — the  arrest  to  he  valid 
I  anil  j)ermanent,  unless  reversed  by  three  fonrths 
I  of  the  States — iscountenanwd  by  nothing  known 
I  to  have  been  said  or  done  by  him.     In  his  letter 
to  JIajor  Cartwright,  he  refers  to  a  convention 
I  a.s  a  jieaceable  remc«ly  for  conflicting  claims  of 
'  power    in    our    conn)oun<l    government ;    but, 
whether  he  alluded  to  a  convention  as  prescribecl 
by  the  constitution,  or  brought  about  by  any 
other  mode,  his  respect  for  the  will  of  majori- 
ties, OS  the  vital  principle  of  republican  govern- 
ment, makes  it  certain  that  he  could  not  have 
meant  a  convention  in  which  a  minority  of  seven 
State.^  was  to  prevail  over  seventeen,  cither  in 
amending  or  expounding  the  constitution." 


In  the  letter  (before  quoted)  to  Mr.  Trist,  De- 
cember 23,  1832 : 

"  It  is  remarkable  how  closely  the  nulliliers, 
who  make  the  name  of  Mr.  Jefferson  the  pedes- 
tal for  their  colossal  heresy,  shut  their  eyes 
and  lips  whenever  his  authority  is  ever  so  clearly 
and  emphatically  against  them.  Y^ou  have  no- 
ticed wliat  he  says  in  his  letters  to  Monroe  and 
Carrington,  pages  43  and  302,  vol.  ii.,  with  re- 
spect to  the  powers  of  the  old  Congress  to  coerce 
delinquent  States,  and  liis  reasons  for  preferring 
for  the  purpose  a  naval  to  a  military  force  ;  and, 
moreover,  that  it  was  not  necessary  to  find  u 
right  to  coerce  in  the  federal  articles,  that  being 
inherent  in  the  nature  of  a  compact." 

In  another  letter  to  Mr.  Trist,  dated  August 
25, 1834 : 

"  The  letter  from  Mr.  Monroe  to  Mr.  Jeffer- 
son, of  which  you  inclose  an  extract,  is  impor- 
tant. I  have  one  from  Mr.  Monroe,  on  the  satr.o 
occasion,  more  in  detail,  and  not  less  emphatic 
in  its  anti-nuUifying  language." 

In  tho  notes  "  On  Nullification,"  written  in 
1835-'G: 

"The  amount  of  this  modified  right  of  nulli- 
fication is,  that  a  single  State  may  arrest  thu 
operation  of  a  law  of  the  United  States,  and  in- 
stitute a  process  which  is  to  terminate  in  the 
ascendency  of  a  minority  over  a  large  majority. 
And  this  new-fangled  theory  is  attempted  to  be 
fathered  on  Mr.  Jefferson,  tho  apostle  of  repub- 
licanism, and  whoso  own  words  declare,  that 
'  acquiescence  in  the  decision  of  tho  majority  is 
the  vital  principle  of  it.'  Well  may  the  friends 
of  Mr.  Jefferson  disclaim  any  sanction  to  it,  or 
to  any  constitutional  right  of  nullification  from 
his  opinions." 


sno 


THIRTY  YEARS'  VIEW. 


^1 


;i-     :« 


In  n  pnpi'r  drawn  by  >f r.  Madinon,  in  Sejitcm- 
K  r.  1821»,  when  liis  anxieties  bepnn  first  to  Ins 
(liwt'irlK'd  by  the  portentous  approach  of  the 
nulliflrntion  doctrine,  ho  conchidos  with  this 
canicst  a<hnonition,  appropriate  to  the  time 
when  it  was  written,  ond  not  less  bo  to  the  pre- 
V'nt  time,  and  to  posterity : 

"  In  all  the  views  that  may  ho  taken  of  ques- 
tions hetwecn  the  State  govcmments  anri  the 
/general  povernment,  the  awful  conscfiucnces  of 
a  final  rupture  and  disf-olution  of  tlic  Union 
chould  never  for  a  moment  be  lost  sight  of. 
Such  a  prospect  must  l)e  dcprecate<l — must  be 
shuddered  at  by  every  friend  of  hia  country,  to 
liberty,  to  the  happiness  of  man.  For,  in  the 
event  of  a  dissolution  of  the  Union,  an  impos- 
sibility of  ever  renewing  it  is  brought  homo  to 
every  mind  by  the  difficulties  encountered  in  es- 
tablishing it.  The  propensity  of  all  communi- 
ties to  divide,  when  not  pressed  into  a  unity  by 
"xiernal  dangers,  is  a  truth  well  imderstood. 
There  is  no  instoncc  of  a  people  inhabiting  even 
a  small  island,  if  remote  from  foreign  danger, 
and  sometimes  in  spite  of  that  pressure,  who 
are  not  divided  into  alien,  rival,  hostile  tribes. 
Tiie  happy  union  of  these  States  is  a  wonder ; 
their  constitution  a  miracle ;  their  example  the 
hope  of  liberty  throughout  the  world.  Wo  to 
the  ambition  that  would  meditate  the  destruc- 
tion of  either.," 

These  extracts,  voluminous  as  they  arc,  are 
far  from  exhausting  the  abundant  material  which 
these  admirable  writings  of  Mr.  Madison  contain, 
on  the  topic  of  nullification.  They  come  to  us, 
fiir  our  admonition  and  guidance,  with  the  so- 
lemnity of  a  voice  from  the  grave ;  and  I  leave 
them,  without  comment,  to  be  pondered  in  the 
hearts  of  his  countrymen.  Notwithstanding 
the  advanced  age  and  growing  bodily  infirmities 
of  Mr.  Madison,  at  the  time  when  these  letters 
were  written,  his  mind  was  never  more  vigorous 
i\or  more  luminous.  Every  generous  mind  must 
sympathize  with  him,  in  this  necessity,  in  which 
ho  felt  himself  in  his  extreme  age,  and  when 
done,  not  only  with  the  public  aflairs  of  the 
country,  but  nearly  done  with  all  the  affairs  of 
the  world,  to  defend  himself  and  associates  from 
the  attempt  to  fasten  upon  him  and  then,,  in 
spite  of  his  denials,  a  criminal  and  anarchical 
design — wicked  in  itself,  and  subversive  of  the 
government  which  he  had  labored  so  hard  to 
found,  and  utterly  destructive  to  that  particular 
feature  considered  the  crowning  merit  of  the 
sonstitution ;  and  which  wise  men  and  patriotic 
had  specially  devised  to  save  our  Union  from 
the  fate  of  all  leagues.    We  sympathize  with 


j  him  in  such  a  necessity.  Wc  shonld  fwl  fo. 
j  any  man,  in  the  most  ordinary  caw,  to  » h<>^ 
I  worrls  a  criminal  intention  should  tw  imputcil 
I  in  defiance  of  his  disclaimers ;  but,  in  the  ra>« 
;  of  Mr.  Madison — a  man  so  modest,  so  pure,  m 
'  just — of  such  dignity  and  gravity,  both  for  hii 
age,  his  personal  qualities,  and  thecxaltedofflcM 
which  he  had  held ;  and  in  a  case  which  went 
to  civil  war,  and  to  the  destruction  of  a  govern- 
ment of  which  he  was  one  of  the  most  faithful 
and  zealous  founders — in  such  a  case,  an  attempt 
to  force  upon  such  a  man  s  meaning  which  hi 
disavows,  becomes  not  only  outrageous  and 
odious,  but  criminal  and  impious.  And  if^  aftir 
the  authentic  disclaimers  which  ho  has  made  in 
his  advanced  age,  and  which  aro  now  published 
any  one  continues  to  attribute  this  heresy  to 
him,  such  a  person  must  be  viewed  by  the  pub- 
lic as  having  a  mind  that  has  lost  its  balance ! 
or,  as  having  a  heart  void  of  social  duty,  and 
fatally  bent  on  a  crime,  the  guilt  of  which  muf^t 
be  thrown  upon  the  tenants  of  the  tomb- 
speechless,  but  not  helpless !  for,  every  just  man 
must  feel  their  cause  his  own !  and  rush  to  a 
defence  which  public  duty,  private  honor,  patri- 
otism, filial  afibction,  and  gratitude  to  benefac- 
tors impose  on  every  man  (born  wheresoever 
he  may  have  been)  that  enjoys  the  blessings  of 
the  government  which  their  labors  gave  us. 


CHAPTER    LXXXIX. 

THE  AUTHOR'S  OWN  VIEW  OP  THE  NATURE  OP 
OUR  GOVERNMENT,  AS  BEING  A  UNION  IN  COS. 
TRADI9TINCTI0N  TO  A  LEAGUE:  PRESENTED 
IN  A  SUBSEQUENT  SPKECU  ON  MISSOURI  RESO- 
LUTIONS. 

I  00  not  discuss  these  resolutions  at  this  time. 
That  discussion  is  no  part  of  my  present  object. 
I  speak  of  the  pledge  which  they  contain,  and 
call  it  a  mistake ;  and  say,  that  whatever  may 
be  the  wishes  or  the  opinions  of  the  people  of 
Missouri  on  the  subject  of  the  extension  or  non- 
extention  of  slavery  to  the  Territories,  they 
have  no  idea  of  resisting  any  act  of  Congress  on 
the  subject.  They  abide  the  law,  when  it  comes, 
be  it  what  it  may,  subject  to  the  decision  of  the 
ballot-box  and  the  judiciary. 

I  concur  with  the  people  of  Missouri  in  this 
view  of  their  duty,  and  believe  it  to  be  the  only 


ANNO  1833.     ANDREW  JACKSOX,  PRESIDENT 


3G1 


's ;  but,  in  tliu  rxv* 


OP  TOE  NATURE  OP 

[NO  A  UNION  IN  COS- 

EAGUE:    PKE8ENTEI) 

ON  MISSOUBI  BE8U- 


fouW  consistent  with  the  tcmj,<  and  intention  | 
if  our  constitution,  anil  the  only  one  which  can  ^ 
k.ivo  this  Union  from  the  fate  of  all  the  confed-  J 
iniciif"  which  have  succes.sivily  apin-areil  and 
ilsappearcd  in  the  history  of  nations.     Anarchy  i 
ainonp  the  mcntljers,  and  not  tyranny  in  the 
hcaiL  hw  ^"  ^^^  ^'^^  ""  which  all  such  con-  • 
fL'deracicB  have  split.    The  authors  of  our  present ' 
f  .rm  of  povemmcnt  knew  the  danger  of  this  i 
pick,  and  they  endeavored  to  provide  against  it. 
Tliey  farmed  a  Union — not  a  league — a  federal 
liirislature  to  act  upon  persona,  not  upon  States; 
and  they  provided  peaceful  remedies  f<>r  all  the 
questions  which  could  arise  between  the  people 
and  the  government.    They  provided  a  federal 
judiciary  to  execute  the  federal  bws  when  found 
to  be  constitutional ;  and  popular  elections  to  re- 
peal them  when  found  to  be  bad.    They  formed  a 
covemmcnt  in  which  the  law  and  the  popular  will, 
und  not  the  sword,  was  to  decide  questions ;  and 
thev  looked  upon  the  first  resort  to  the  sword 
fur  the  decision  of  such  questions  as  the  death 
of  the  Union. 

The  old  confederation  was  a  league,  with  a 
legislature  acting  upon  sovereignties,  without 
power  to  enforce  its  decrees,  ond  without  union 
except  at  the  will  of  the  parties.  It  was  power- 
less for  government,  and  a  rope  of  sand  for 
union.  It  was  to  escape  from  that  helpless  and 
tottering  government  that  the  present  constitu- 
tion was  formed ;  and  no  less  than  ten  numbers  of 
tlie  federalist — from  the  tenth  to  the  twentieth 
—were  devoted  to  this  defect  of  the  old  system, 
find  the  necessity  of  the  new  one.  I  will  read 
seme  extracts  from  these  numbers — the  joint 
product  of  Hamilton  and  Madison — to  show  the 
difference  between  the  league  which  we  abandon- 
ed and  the  Union  which  we  formed — the  dangers 
of  the  former  and  the  benefits  of  the  latter — that 
it  may  be  seen  that  the  resolutions  of  the  gene- 
ral assembly  of  Missouri,  if  carried  out  to  their 
ronclusions,  carry  back  this  Union  to  the  league 
of  the  confederation — make  it  a  rope  of  sand, 
and  the  sword  the  arbiter  between  the  federal 
head  and  its  members. 
Mr.  B.  then  read  as  follows : 
"  The  great  and  radical  vice,  in  the  structure 
I  of  the  existing  confederation,  is  in  the  principle 
j  of  legislation  for  States  or  governments,  in  their 
'  Mrporate  or  collective  capacities,  and  as  contra- 
distinguished from  the  individuals  of  which  they 
I  consist.    Though  this  principle  does  not  run 


through  ail  the  powers  dclopnted  to  the  Union, 
yet  it  pri'vades  and  governs  th'i*e  on  which  tlio 
flllcary  of  the  n-st  deiK'n'!.-".     Tin*  conactiuonro 
of  this  in,  that,  thoiifrh  in  theory  constitutionally 
binding  on  the  niemlK'rs  of  the  Union,  yet  in 
practice  they  are  mere  rceoinnuiKliitiniis,  which 
the  States  obscn'o  or  disrefianl  at  tlieir  option. 
Government  implies  the  j)ower  of  making  laws. 
It  is  essential  to  the  idea  of  a  law  that  it  be  at- 
tended with  a  sanction,  or,  in  other  wonls,  ii 
penalty  or  punishment  fur  disobedience.    This 
penalty,  whatever  it  may  bo,  can  only  be  inlliet- 
cd  in  two  ways — by  the  agency  of  the  courts 
and  ministers  of  justice,  or  by  military  force;  by 
the  coercion  of  the  magistrnc}',  or  by  the  co- 
ercion of  arms.    The  first  kind  ciin  evidently 
apply  only  to  men ;  the  last  kind  must  of  ne- 
cessity bo  employed  against  bodies  politic,  or 
communities,  or  States.    It  is  evident  there  is 
no  process  of  a  court  by  which  their  observance 
of  the  laws  can,  in  the  last  resort,  be  enforced. 
Sentences  may  be  denounced  against  them  for 
violations  of  their  duty ;  but  these  sentences  can 
only  be  carried  into  execution  by  the  sword.    In 
an  association  where  the  general  authority  is 
confined  to  the  collective  bodies  of  the  commu- 
nities that  compose  it,  every  breach  of  the  laws 
must  involve  a  state  of  war ;  and  military  execu- 
tion must  become  the  only  instrument  of  civil 
obedience.    Such  a  state  of  things  can  certainly 
not  deserve  the  name  of  government,  nor  would 
any  prudent  man  choose  to  commit  his  happi- 
ness to  it." 

Of  the  ccrtam  destruction  of  the  Union  when 
the  sword  is  once  drawn  between  the  members 
of  a  Union  and  their  head,  they  speak  thus : 

*'  When  the  sword  is  once  drawn,  the  passioas 
of  men  observe  no  bounds  of  moderation.  The 
Buggcstioni  of  wounded  pride,  the  instigations 
of  irritated  resentment,  would  be  apt  to  carry 
the  States,  against  which  the  arms  of  the  Union 
were  exerted,  to  any  extremes  necessary  to 
avenge  the  afiront,  or  to  avoid  the  disgrace  of  sub- 
mission. The  first  war  of  this  kind  would  pro- 
bably terminate  in  a  dissolution  of  the  Union." 

Of  the  advantage  and  facility  of  the  working 

of  the  federal  system,  and  its  peaceful,  eflBcient, 

I  and  harmonious  operation — if  the  federal  laws 

are  made  to  operate  upon  citizens,  and  not  upon 

'  States — they  speak  in  these  terms : 

"  But  if  the  execution  of  the  laws  of  the  na- 
i  tional  government  should  not  require  the  inter* 


*'S'- ■'! 


■■m 


.■^'^ ''.'.% 


362 


TnmiT  TEAKS'  VIEW. 


II 


rent  ion  of  the  State  loRisIaturos  j  if  they  wore 
to  puNs  into  imniediato  oporation  upon  the  citi- 
ztiiH  thiinstlvcM,  the  particular  f^jvernmcnts 
coulil  not  interrupt  their  progress  without  an 
open  and  violent  exertion  of  unconstitutional 
|)Ower.  'J'liey  would  Ijc  ohli^jed  to  act,  and  in 
Hiich  manner  as  would  leave  no  doubt  that  they 
had  encroached  on  the  national  ri(;ht.s.  An  ex- 
periment of  this  nature  would  always  be  hazard- 
ous in  the  face  of  a  constitution  in  any  degree 
competent  to  its  own  defence,  and  of  a  people 
cnlightencil  enough  to  distinguish  between  a 
legal  exercise  and  an  illegal  usurpation  of  au- 
thorit)'.  The  success  of  it  wi^uld  require  not 
merely  u  factious  majority  in  the  legislature,  but 
the  concurrence  of  the  courts  of  justice,  and  of 
the  body  of  the  people.  If  the  judges  were  not 
embarked  in  a  conspiracy  with  the  legislature, 
they  would  pronounce  the  resolutions  of  such  a 
majority  to  be  contrary  to  the  supreme  law  of 
the  land,  unconstitutional  and  Toid.  If  the  peo- 
ple were  not  tainted  with  the  spirit  of  their  State 
representatives,  they,  as  the  natural  guardians 
of  the  constitution,  would  throw  their  weight 
into  the  national  scale,  and  give  it  a  decided 
preponderance  in  the  contest." 

Of  the  ruinous  effects  of  these  civil  wars 
among  the  members  of  a  republican  confedera- 
cy, and  their  disastroqs  influence  upon  the  cause 
of  civil  liberty  itself  throughout  the  world,  they 
thus  speak : 

"  It  is  impossible  to  read  the  history  of  the 
petty  republics  of  Greece  and  Italy,  without 
feeling  sensations  of  disgust  and  horror  at  the 
distractions  with  which  they  were  continually 
agitated,  and  at  the  rapid  succession  of  revolu- 
tions by  which  they  were  kept  continually  vi- 
brating between  the  extremes  of  tyranny  and 
anarchy.  From  the  disorders  whic.i  disfigure 
the  annals  of  those  republics,  the  advocates  of 
despotism  have  drawn  arguments,  not  only 
against  the  forms  of  republican  government, 
but  against  the  very  principles  of  civil  liberty. 
They  have  decried  all  free  government  as  incon- 
sistent with  the  order  of  society,  and  have  in- 
dulged themselves  in  malicious  exultation  over 
its  friends  and  partisans." 

And  again  they  say : 

"  It  must  carry  its  agency  to  the  persons  of 
the  citizens.  It  must  stand  in  need  of  no  inter- 
mediate legislation ;  but  must  itself  be  empow- 
ered to  employ  the  arm  o*"  the  ordinary  magis- 


trate to  execute  its  own  resolutions.  The  nm. 
jesty  of  the  national  authority  must  be  nianj. 
fested  through  the  medium  of  the  courts  of  Juk- 
tioe." 

After  reoding  these  extract",  Mr.  II.  said ; 
It  was  to  get  rid  of  the  evils  of  the  old  confii]. 
eration  that  the  pre.sent  Union  was  formid  ■ 
and,  having  formed  it,  they  who  formed  it  uii. 
dertook  to  make  it  perpetual,  and  for  that  pur- 
pose had  recourse  to  all  the  sanctions  hcM 
sacred  among  men — commands,  prohibitions, 
oaths.  The  States  were  forbid  to  form  com- 
pacts or  agreements  with  each  other  j  the  con- 
stitution.and  the  laws  made  in  pursuance  of  It, 
were  declared  to  bo  the  supreme ,  law  of  the 
land  ;  and  all  authorities.  State  fmd  federal. 
legislative,  executive,  and  judicial,  were  to  lx> 
sworn  to  support  it.  The  resolutions  whicii 
have  been  read  contradict  all  this ;  and  the  Gen- 
eral Assembly  mistook  their  own  powers  u 
much  as  they  mistook  the  sentiments  of  the 
people  of  Missouri  when  they  adopted  thcra. 


CHAPTER   XC. 

PUBLIC  LANDS  :-DISTRIBUTION  OF  PROCEEDS. 

Mr.  Clav  renewed,  at  this  session,  1832-'33,tlie 
bill  which  he  had  brought  in  the  session  befoiv, 
and  which  had  passed  the  Senate,  to  divide  the 
net  proceeds  of  the  sales  of  public  lands  among 
the  States,  to  be  applied  to  such  purposes  as  the 
legislatures  of  the  respective  States  should  thinlt 
proper.  His  principal  arguments,  in  favor  of 
the  bill,  were :  first,  the  aid  which  the  distribu- 
tion would  give  to  the  States,  in  developing 
their  resources  and  promoting  their  prosperity; 
secondly,  the  advantage  to  the  federal  govern- 
ment, in  settling  the  question  of  the  mode  of 
disposing  of  the  public  lands.  He  explained  bis 
bill,  which,  at  first,  contained  a  specification  of 
the  objects  to  which  the  States  eiiould  apply  the 
dividends  they  received,  whicli  was  struck  out, 
in  the  progress  of  the  bill,  and  stated  its  provi- 
sions to  be : 

"To  set  apart,  for  the  benefit  of  the  new 
States,  twelve  and  a  half  per  cent.,  out  of  the 
aggregate  proceeds,  in  addition  to  the  five  per 
cent.,  which  was  now  allowed  to  them  by  cflm- 
pact,  before  any  division  took  place  among  the 


ANNO  1833.    ANDUKW  JACKSON.  I'la^IDKNT, 


SC3 


lUTION  OF  PU0CEED9. 


!  benefit  of  the  new 
'  per  cent.,  out  of  the 


S'»tei  p'ner»lly.     It  wiw  thud  proposcMl  to  aa- 
.  n  ill  '1"'  '''■■^'  r''"'^'!  M'ventifii  ami  a  half  per 
i,',tl  ti)  tlif  iii'W  StatuH,  mid  then  to  divide  the 
hIidIo  (if  the  residue  among  the  twenty-four 
vtstw.    And,  in  order  to  do  away  any  inetjuaiity  | 
■xitin\i  tiie  new  States,  prants  are  »|)ecdicallv  | 
I  la'Ii'  I'y  the  hill  to  those  who  hud  not  received,  i 
1„  n  tiifi)re.  ns  much  lantls  an  the  reot  of  the  new  I 
I  Jj^iton,  from  the  pencnd  government,  po  an  to 
iiMt  all  the  new  StateH  on  an  equal  footing.    Thi.s  I 
I  til  five  ami  ft  half  per  cent,  to  the  new  States,  I 
i„  be  at  their  disposal,  for  cither  education  or 
iiiHrnal  improvcnK'nt,  and  the  residue  to  be  at 
till'  disposition  of  the  States,  subject  to  no  other 
liinitntion  than  this :  that  it  shall  Iks  at  their 
(iptiun  to  apply  the  amount  received  cither  to 
I  the  purposes  of  education,  or  the  colonization  of 
I'm  people  of  color,  or  for  internal  improve- 
imnt.'',  or  in  debts  which  may  have  been  con- 
tracted for  internal  improvements.    And,  with 
risFC'  to  the  duration  of  this  scheme  of  distri- 
liution  ])roposed  by  the  bill,  it  is  limited  to  five 
I  viars,  unless  hostilities  shall  occur  between  the 
llnitctl  States  and  any  foreign  power ;  in  which 
Invent,  the  proceeds  are  to  bo  applied  to  the  car- 
Irving  on  such  war,  with  vigor  and  efiect,  against 
jaiiv  common  enemy  with  whom  wo  may  bo 
I  brought  in  contact.    After  the  conclusion  of 
Iwace.and  after  the  discharge  of  the  debt  created 
liv  any  such  war,  the  aggregate  funds  to  return 
|i  ]  tliat  peaceful  destination  to  which  it  was  the 
liiitontion  of  the  bill  that  they  should  now  be 
(directed,  that  is,  to  the  improvement  of  the  moral 
Lnd  piiysical  condition  of  the  country,  and  the 
Iproraotion  of  the  public  happiness  and  pros- 
Ijierity." 

lie  then  spoke  of  the  advantages  of  settling 
Itlic  question  of  the  manner  of  disposing  of  the 
public  lands,  and  said : 

•The  first  remark  which  seemed  to  him  to  be 
Icallcd  for.  in  reference  to  this  subject,  was  as  to 
She  expediency,  he  would  say  the  necessity,  of 
Its  immediate  settlement.  On  this  point,  ho  was 
happy  to  believe  that  there  was  a  unanimous 
concurrence  of  opinion  in  that  body.  However 
kliey  might  difier  as  to  the  terms  on  which  the 
Distribution  of  these  lands  should  be  mode,  they 
1  agreed  that  it  was  a  question  which  ought  to 
'.  promptly  and  finally,  he  '.  ,ed  amicably,  ad- 
Ijustcd.  No  time  more  favorable  than  the  pre- 
•ent  moment  could  be  selected  for  the  settlement 
\(  this  question.  The  last  session  was  much 
ess  favorable  for  the  accomplishment  of  this 
bbject ;  and  the  reasons  were  sufliciently  obvi- 
pis,  without  any  waste  of  time  in  their  specifi- 
ation.  If  the  question  were  not  now  settled, 
but  if  it  were  to  be  made  the  subject  of  an  an- 
pial  discussion,  mixing  itbclf  up  with  all  the 
neasures  of  legislation,  it  would  bo  felt  in  its 
nfiuence  upon  all,  would  produce  great  dissen- 
jions  both  in  and  out  of  the  House,  and  afiect 
Ixtcnsively  all  the  great  and  important  objects 
Vhich  might  be  before  that  body.    They  had 


had,  in  the  several  States,  some  cxp<rienco  on 
that  subject;  and.  without  going  into  any  lif- 
tails  on  the  subject,  he  would  merely  state  ihut 
it  was  known,  that,  fi>r  a  long  |)eriod,  the  »>ni:ill 
amount  of  the  iniblie  doinaiii  jMissessed  by  some 
of  the  States,  ni  comparivson  with  the  i|iii\iitity 
possessed  by  the  giiieral  goveriinient.  Imd  Ueii 
a  cause  of  great  agitation  in  the  puhlie  mind, 
and  IumI  greatly  inttueneed  the  course  of  lej:i>lii- 
tion.  I'ersonH  coming  from  the  (juarter  <>{'  (ho 
State  in  which  the  public  land  was  hitimteil, 
united  in  sympathy  and  interest,  constititted  al- 
ways a  body  who  acted  together,  to  promote 
their  common  object,  cither  by  donations  t  > 
settlers,  or  reduction  in  the  price  of  the  publi<! 
lands,  or  the  relief  of  those  who  are  debtors  for 
the  public  domain ;  and  were  always  ready,  ns 
men  always  will  be,  to  second  all  those  measures 
which  look  towards  the  accomplishment  of  the 
main  object  which  they  have  in  view.  So,  if 
this  question  were  not  now  settled,  it  would  Ikj 
a  source  of  inexpressible  difficulty  hereafter,  in- 
fiuencing  all  the  great  inten>sts  of  the  country, 
in  Congrcs.s,  afi'ecting  gnat  events  w  ithout,  an(l 
perhaps  adding  another  to  those  unhappy  causes 
of  division,  which  unfortunately  exist  at  this 
moment." 

In  his  arguments  in  support  of  his  bill,  Mr. 
Clay  looked  to  the  lands  ns  a  source  of  revenue 
to  the  States  or  the  federa'  government,  from 
their  sale,  and  not  from  .heir  settlement  and 
cultivation,  and  the  revenue  to  be  derived  from 
the  wealth  and  population  to  which  their  settle- 
ment would  give  rise ;  and,  concluding  with  an 
encomium  on  his  bill  under  the  aspect  of  ruvt^nuc 
fromisalcs,  ho  said: 

"  He  could  not  conceive  a  more  happy  dispo- 
sition of  the  proceeds  of  the  public  lands,  than 
that  which  was  provided  by  thli  bill.  It  was 
supposed  that  five  years  wou'  I  bu  neither  too 
long  nor  too  short  a  period  fori,  at  experiment. 
In  case  a  war  should  break  out,  v  o  may  with- 
draw from  its  peaceful  destination  a  sum  of  from 
two  and  a  half  to  three  and  a  half  millions  of 
dollars  per  annum,  and  apply  it  to  a  vigorous 
prosecution  of  the  wai' — a  sum  which  would  pay 
the  interest  on  sixty  millions  of  dollars,  which 
might  be  required  to  sustain  the  war,  and  a  sum 
which  is  constantly  and  progressively  increasing. 
It  proposes,  now  that  the  general  government 
has  no  use  for  the  money,  now  that  the  surplus 
treasure  is  really  a  source  of  vexatious  embar- 
rassment to  us,  and  gives  rise  to  a  succession  of 
projects,  to  supply  for  a  short  time  a  fund  to 
the  States  which  want  our  assistance,  to  advance 
to  them  that  which  we  do  not  want,  and  which 
they  will  apply  to  great  beneficial  national  pur- 
poses ;  and,  should  war  take  place,  to  divert  it 
to  the  vigorous  support  of  the  war ;  and.  when 
it  cc-iscs,  to  apply  it  again  to  its  peaceful  pur- 
poses.   And  thus  we  may  grow,  from  time  to 


:1 


IT    f 


I'  ', 

•  if" 


if  R . 


3C4 


TIIIUTV  YEARS'  VIKW. 


fi     lil 


k 


m  »i 

' 

; 

i 

!  1 
1 

:            i 

1 

tirnc,  with  a  fund  tvliich  will  endure  for  opd- 
tiiri«'H,  and  wiiich  will  augment  with  the  in-owtli 
ol  thu  nation,  nidin;;  the  .StatvH  in  Hi'UHonH  of 
(jciKv,  and  HnxUinin^  tlio  gunoni  gowmnicut  in 
ixriods  of  war." 

Mr.  Culhoun  deprecated  this  distrihntion  of 
the  land  money  as  being  dangerous  in  itudf  and 
imconHtitntionnl,  and  oh  leading  to  the  distribu- 
tion of  other  revenue — in  which  he  was  pro- 
phetic,   llo  said : 

"  lie  could  not  yield  his  assent  to  t!  o  mode 
which  this  bill  proposed  to  settle  the  agitated 
queHtion  of  tlie  public  lands.  In  addition  to 
several  objections  of  a  tninor  character,  he  had 
an  inKU|HTuble  objection  to  the  leading  principle 
of  the  bill,  which  proposed  to  distribute  the 
procei'ds  of  the  lands  among  the  States.  He 
iielieved  it  to  bo  both  dangerous  and  unconsti- 
tutional. IIo  could  not  assent  to  the  principle, 
that  Congress  had  a  right  to  denationalize  the 
public  funds.  IIo  agreed  that  the  objection  was 
not  so  decided  in  cose  of  the  proceeds  of  lands,  as 
in  that  of  revenue  collected  from  taxes  or  duties. 
The  senator  from  Ohio  had  adduced  evidence 
from  the  deed  of  cession,  which  certainly  coun- 
tenanced the  idea  that  the  proceeds  of  the  lands 
miglit  bo  subject  to  the  distribution  proposed 
in  the  bill ;  but  he  was  far  from  being  satisfied 
that  the  argument  was  solid  or  conclusive.  If 
the  principle  of  distribution  could  bo  confined  to 
the  proceeds  of  the  lands,  ho  would  acknowledge 
that  his  objection  to  the  principle  would  be 
weakened. 

"  IIo  dreaded  the  force  of  precedent,  and  he 
foresaw  that  the  time  would  come  when  the 
example  of  the  distribution  of  the  proceeds  of 
the  public  lands  would  be  urged  as  a  reason  for 
distributing  the  revenue  derived  from  other 
i«ourccs.  Nor  would  the  argument  be  devoid  of 
plausibility.  If  we,  of  the  Atlantic  States,  insist 
that  the  revenue  of  the  West,  derived  from  lands, 
should  be  equally  distributed  among  all  the 
states,  we  must  not  be  surprised  if  the  interior 
States  should,  in  like  manner,  insist  to  distribute 
the  proceeds  of  the  customs,  the  great  source  of 
revenue  in  the  Atlantic  States.  Should  such  a 
movement  be  successful,  it  must  be  obvious  to 
every  one,  who  is  the  least  acquainted  with  the 
workings  of  the  human  heart,  and  the  nature  of 
government,  that  nothing  would  more  ertainly 
endanger  the  existence  of  the  Union.  The  re- 
venue is  the  power  of  the  State,  and  to  distribute 
its  revenue  is  to  dissolve  its  power  into  its. 
original  elements." 

Attempts  were  made  to  postpone  the  bill  to 
the  next  session,  which  failed  ;  and  it  passed  the 
Senate  by  a  vote  of  24  to  20. 

Yeas. — Messrs.  Be'.i,  Chambers,  Clay,  Clay- 
ton, Dallas,  Dickerson,  Pi^djey,  Ewin?,  Foot, 
frciinghuysen,  Hendricks,  Holmes,  Johnston, 


Knight,  roindextor,  rnnti»«<.  Hobbinn,  lUr^i^ 
Seymour,  SiUlic*',  Sprauue,  Tomliuhou,  \Vr.». 
man,  Wiikins— ;J4.  '^ 

Navh. — .Messrs.  Benton,  lUack,  Itrowu,  Rur;. 
ncr,  Calhoun,  Forsyth,  (irundy,  Hill,  Kmi,.  Ki-  . 
iMangum.  iMillcr,  Moore,  Kives,  Uoliinson  .Sm.,"' 
Tipton,  Tyler,  White,  \Vright— 20. 

The  bill  went  to  the  House  and  nnivi.il 
amendments,  which  did  not  obtain  the  couru,. 
ronco  of  the  Senate  until  midnight  of  tho  \\t.\ 
of  March,  which,  lieing  the  short  session  »„ 
within  twenty-four  hours  of  the  consljtutid!. 
tennination  of  the  Congress,  whicli  was  liI||il^,l  I 
to  the  3d — which  falling  this  year  on  .SurnLv  f 
the  Congress  would  adjourn  at  midnight  of  il 
2nd.    Further  cftbrts  were  made  to  po8tiK,in,[ 
it,  and  upon  the  ground  that,  in  a  bill  of  ihjj 
magnitude  and  novelty,  the  President  wax  t^. 
titled  to  tho  full  ten  days  for  the  considtraiioa 
of  it  which  the  constitution  allowed  him,  an]  | 
he  would  have  but  half  a  day ;  for  if  pa.<s 
that  night  it  could  only  reach  him  in  tlie  fmv- 1 
noon  of  the  next  day— leaving  him  but  half »[ 
day  for  his  consideration  of  the  measure,  whtirl 
tho  constitution  allowed  him  ten ;  and  that  htlf  [ 
day  engrossed  with  all  crowded  business  of  a  I 
expiring  session.    The  next  evening,  the  VkA 
dent  attended,  as  usual,  in  a  room  adjoining  tiiei 
Senate  chamber,  to  be  at  hand  to  sign  bills  ami  I 
make  nominations.    It  was  some  hours  in  tbtl 
night  when  the  President  sent  for  mc,  andwitlJ 
drawing  into  the  recess  of  a  window,  told  m\ 
that  he  had  a  veto  message  ready  on  the  laml^ 
bill,  but  doubted  about  sending  it  in,  lest  then  I 
should  not  be  a  full  Senate;  and  intimated  hii  I 
apprehension  that  Mr.  Calhoun  and  someofhii| 
friends  might  be  absent,  and  endanger  the  U 
and  wished  to  consult  me  upon  that  point. 
told  him  I  would  go  and  reconnoitre  the  cliambrr,  I 
and  a^jo^i^^ ''^<^d>b;  did  so — found  that  Mr,  I 
Calhoun  and  his  immediate  friends  were  abs«nt  I 
— returned  and  informed  him,  when  he  said  Ix  I 
would  keep  the  bill  until  the  next  session,  audi 
then  return  it  with  a  fully  considered  meseapl 
— his  present  one  being  brief,  and  not  such  u  I 
to  show  his  views  fully.    I  told  him  I  thought  I 
be  ought  to  do  so— that  such  a  measure  ou^bil 
not  to  be  passed  in  the  lost  hours  of  a  EcssJoa,! 
in  a  thin  Senate,  and  upon  an  imperfect  view  of  | 
his  objections ;  and  that  the  public  good  requindl 
it  to  be  held  up.    It  was  so ;  and  during  tkl 
long  vacation  of  nine  months  which  intenenedl 
before  the  next  session,  the  opposition  presMl 


ftSi 


ANNO  18311.    ANDRK'V  JAiKSOX.  rUF>lI»i:NT. 


36fl 


ntl»M.  Rol)MnH,  Mwn'm 
lie,  ToinliiiMiii,  Wi;>t^ 

n,  Illnck,  Rrr)wn.  Unr,.  | 
nindy,  Hill,  Kun.'.  K- 
ItirvM,  KobiiiMtii.  Sq  ij  i 

10  IIotiBo  and  mtivi,!] 
not  obtain  the  rtmcut- 
il  midnight  of  tlm  ilr.i 
the  Khort  ReNBioii,  «» 
rs  of  tho  con8titutii)i,ii!  | 
;rc8»,  whicli  was  limit,.! 
H  this  year  on  .Sun(Lv  | 
ourn  at  ntidnif^hl  uf  i 
ivero  mado  to  |)ogt|KirK| 
1  that,  in  a  bill  of  thi;| 
tho  President  was  i-.. 
.ys  for  tho  considtraiina 
ution  allowed  him.  an!  | 
ilf  a  day ;  for  if  pas^ti 
'  reach  him  in  the  fun.  I 
-leaving  him  but  half  1 1 
m  of  the  measure,  whtirl 
1  him  ten ;  and  that  half  [ 
crowded  business  of  ml 
next  evening,  the  Prcji- 
in  a  room  adjoining  tii«| 
,t  hand  to  pign  bilU  aiiJ 
was  some  hours  in  tlit| 
nt  sent  for  mc,  and  vitli'l 
of  a  window,  told  ni(| 
ssago  ready  on  the  bdj 
sending  it  in,  lest  then  I 
nate;  and  intimated  hii  I 
alhoun  and  some  of  hii| 
and  endanger  the  I 
me  upon  that  point.  1 1 
reconnoitre  the  chamber,  I 
iid  60— found  that  )Ir,[ 
iate  friends  were  al)!«nt  I 
d  him,  when  he  said  lie  I 
til  the  next  session, audi 
iilly  considered  mesopj 
brief,  and  not  such  u  I 
I  told  him  I  thouglitl 
such  a  measure  ou^bil 
lost  hours  of  a  Ecssioa 
on  an  imperfect  view  d  I 
the  public  good  require!  I 
as  so ;  and  during  tkl 
ontbs  which  intenenedj 
the  opposition  pressal 


ind  oratom  kept  the  country  fill«<l  with  (knnn- 

I  fliiij  "  '•"'  bill— a«  if  it  had  boon  a  ca.«c  of  "*  flot 
I  tiiifL-Iary,"  instead  of  U-iiig  the  exercino  of  a 
lcoii«titution«l  "rI'^  renderwl  most  juitt  and 
j,,pipi-r  under  tho  extraordinary  circnm«tancc»i 
Iwliirhliad  attended  tho  possagc,  and  intende<l 
L  turn  of  the  bill.  At  tho  commencement  of 
I  ilie  cnttiiiiig  session  ho  returned  tho  bill,  with  his 
wt'll-oiinHiderod  objections,  in  an  ample  messago, 
I  which,  nftpr  P"i"K  ore'  a  full  history  of  the 
liUriTation  of  tho  lands,  came  to  tho  following 
|omclu!<ions: 

"  1.  That  ono  of  tho  fundamental  principles, 

Ion  which  tho  confederation  of  tho  United  States 

I  wan  ori^'inally  based,  was,  that  tho  waste  lands 

(if  \H\e  West,  within  their  limits,  should  bo  tho 

Icommon  property  of  tho  Unitetl  States. 

•i  That  those  lands  wore  ceded  to  tho  United 
I  States  hy  tho  States  which  claimed  them,  and 
Itlieccg-iions  were  accepted,  on  the  express  con- 
lilltion  that  they  should  bo  disposed  of  for  tho 
icommon  benefit  of  tho  States,  according  to  their 
]  nsprctive  proportions  in  the  general  charge  and 
Lifpenditure,  and  for  no  other  purpose  what- 

l.nit'VCT. 

'•  3.  That,  in  execution  of  these  solemn  com- 
Ipact."!,  the  Congress  of  tho  United  States  did, 
I  under  the  conlbduration,  proceed  to  sell  these 
lliind.^,  and  put  the  avails  into  tho  common  trea- 
iMiry ;  and,  under  the  new  constitution,  did  ro- 
linatedly  pledge  them  for  tho  payment  of  the 
|].iiblic  debt  of  tho  United  States,  by  which 
hktlsfi  each  State  was  expected  to  profit  in  pro- 
|)i<jrtion  to  tho  general  charge  to  bo  made  upon 
I  it  for  that  object. 

•These  are  tho  first  principles  of  this  whole 
Ifiibjcct,  which,  I  think,  cannot  be  contested  by 
Inny  one  who  examines  the  proceedings  of  the 
■revolutionary  Congress,  tho  sessions  of  the 
iHTeral  States,  and  tho  acts  of  Congress,  under 
■the  new  constitution.  Keeping  them  deeply  im- 
Ipressed  upon  the  mind,  let  us  proceed  to  exam- 
line  how  far  the  objects  of  the  cessions  have  bo'>n 
■completed,  and  see  whether  those  coihpacta  ore 
Inot  still  obligatory  upon  the  United  States. 

"The  debt,  for  which  these  lands  were  pledged 
by  Congress,  may  be  considered  as  paid,  and 
^hcy  arc  consequently  released  from  that  lien. 
liut  that  pledge  formed  no  part  of  the  compacts 
A-ith  the  States,  or  of  the  conditions  upon  which 
jthc  cessions  were  made.  It  was  a  contract  be- 
pcen  new  parties — between  the  United  States 
ind  their  creditors.  Upon  payment  of  the  debt, 
Khc  compacts  remain  in  full  force,  and  the  oblU 
ation  of  the  United  States  to  dispone  of  the 
ands  for  the  common  benefit,  is  neither  des- 
jlroyed  nor  impaired.  As  they  cannot  now  be 
JBxeeuted  in  that  mode,  the  only  legitimate  ques- 
ion  which  can  arise  is,  in  what  other  way  are 
khese  lands  to  be  hereafter  disposed  of  for  tho 


common  benefit  of  tbf  wvrral  ."^tnte*,  *  arcortWnf 
to  their  n*i<|K<i'tive  and  ufiinl  pri)|))>rtion  in  tb< 
gi>neral  charge  and  ox|>iiidifim'  ?'  The  •''••»i"u» 
of  Virginia,  Ni)rth  CBroliim.nn<l  tieorgia,  in  ex- 
prewt  terms,  and  all  tho  rest  impliedly,  not  oiili 
provide  thus  s|icritlrally  the  proportion,  nrcopl- 
uig  to  which  each  State  shall  prollt  bv  the  pro* 
nx'iU  of  the  land  sales,  but  they  prixcrd  to  de- 
clare that  they  shall  tw  'faithfully  and  Imihh 
Jiile  disposed  of  for  that  piir)>oM-,  nnd  for  no 
other  use  or  purpose  wlMtscwver.'  This  in  the 
fundamental  law  of  the  land,  at  this  moment, 
growing  out  of  compacts  wliirh  nre  older  tlinii 
the  constitution,  and  formed  the  comer  stone 
on  whieh  the  Union  itself  was  erected. 

"  In  the  practice  of  the  governnicut,  the  pro- 
cee<lH  of  tho  public  lamU  have  not  l>een  >>et 
apart  as  a  separate  fund  for  the  imynient  of  the 
public  debt,  but  have  been,  and  are  now,  paid 
mto  tho  treasury,  where  they  constitute  a  part 
of  the  aggregate  of  revenue,  upon  which  tlio 
government  draws,  as  well  for  its  cuiTcnt  ex- 
penditures as  for  payment  of  tho  public  debt. 
In  this  manner,  they  have  heretofore,  and  do 
now,  lessen  the  general  charge  upon  the  people 
of  the  several  States,  in  the  exact  proportion.-* 
stipulated  in  the  compacts. 

"  These  general  charges  have  l)ern  composed, 
not  only  of  the  public  debt  and  tho  usual  ex- 
penditures attending  the  civil  and  military  ad- 
ministrations of  the  government,  but  of  tho 
amounts  paid  to  the  States,  with  whieh  theso 
compacts  were  formed ;  the  amounts  paid  the  In- 
dians for  their  right  of  possession ;  the  amounts 
paid  for  the  purchase  of  Louisiana  and  Florida; 
and  tho  amounts  paid  surveyors,  registers,  re- 
ceivers, clerks,  Ac,  employetl  in  pivparing  for 
market,  and  selling,  the  western  domain.  From 
the  origin  of  the  land  sy.stem,  down  to  the  3Uth 
September,  1832,  the  amount  expended  for  all 
these  purpose  has  been  about  $4'J,7ul,28()  and 
the  amount  received  from  the  sales,  deducting 
payments  on  account  of  roads,  &c.,  about  ■'i^.iH,- 
38ti,624.  The  revenue  arising  from  the  public 
lands,  therefore,  has  not  been  sutlicient  to  meet 
the  general  charges  on  the  treasury,  which  have 
grown  out  of  them,  by  about  Slll,;U4,G50.  Yet, 
in  having  been  applied  to  lessen  those  charges, 
the  conditions  of  the  compacts  have  been  thus 
far  fulfilled,  and  each  State  has  profited  accord- 
ing to  its  usual  proportion  in  tho  general  charge 
and  expenditure.  The  annual  proceeds  of  land 
sales  have  increased,  and  the  charges  have  dimin- 
ished ;  so  that,  at  a  reduced  price,  those  lands 
would  now  defray  all  current  charpes  growing 
out  of  them,  and  save  the  treasury  from  further 
advances  on  their  account.  Their  original  intent 
and  object,  therefore,  would  be  accomplished,  as 
fully  as  it  has  hitherto  been,  by  reducing  tho 
price,  and  hereafter,  as  heretofore,  bringing  the 
proceeds  into  the  treasury.  Indeed,  as  tliis  is 
the  only  mode  in  which  the  objects  of  the  origi- 
nal compact  can  be  attained,  it  may  be  consi* 
dered,  for  all  practical  purposes,  thut  it  iii  one  of 
their  requirements. 


/J* 


I      I 


4' . 


3C(i 


TIIIUTV  VF.ARH"  VIKW. 


!i 


" TIh'  mm  Ufoiv  me  •K'irins  with  tn  pntiro  unti- 
rrr«i'in  of  cvi-ry  '>iu'  "f  tUu  cini\\>iwtn  hy  wliirh 
the  rnilcd  StiiU'M  In-caiiK'  |ioMsfMK(><l  «»f  their 
wcvti'i'ii  (loiniiin,  an<l  tn'atM  tlii<  iiihlivt  am  if 
tlu'Y  iicviT  had  cxintcncv,  arwl  aw  if  the  l'iiite«l 
Miiti-H  wi'rt*  thv  ori^finnl  and  uiicoiiditidiial  own- 
ers of  nil  thu  piihlic  land*.  The  llntt  ncctiun 
dinrtu — 

"'Tliiit,  from  and  aftrr  the  .Tint  day  of  Dc- 
romlHT,  IN,'i2,  thero  Hliall  ho  allowed  and  paid 
to  each  of  the  Stittra  of  Oliio,  Indiana,  lilinoia, 
Alahnma,  MinMonri.  M iwHisxippi,  and  LotiiHJana, 
over  and  ahove  what  each  of  the  aaid  Statca  Ih 
entitled  to  hy  the  terma  of  the  compacta  entered 
into  hetween  thom,  n-Npectivelv,  upon  their  ad- 
inixtiion  into  the  Union  and  the  Lnitcd  Statoa, 
tho  anm  of  twelve  and  a  half  per  centum  upcn 
the  net  amount  of  the  Halvn  of  the  puhlic  lands, 
which,  HiiliHeqiicnt  to  the  day  afoHesaid,  shall  bo 
ina<le  within  the  several  limits  of  tho  said  States ; 
which  said  sum  of  twelve  and  a  half  |)er  centum 
slinll  he  applied  to  some  object  or  objects  of  in- 
ternal iniinovenient  or  education,  within  the 
said  Stntes,  under  tho  direction  of  their  several 
leftislntures.' 

"  This  twelve  and  a  half  per  centum  is  to  bo 
taken  out  of  the  net  proceeds  of  tho  land  sales, 
before  any  apportionment  is  made ;  and  tho  same 
seven  States,  which  aro  first  to  receive  this  pro- 
portion, are  also  to  receive  their  due  proportion 
of  the  residue,  according  to  tho  ratio  of  general 
distribution. 

"  Now,  woiving  all  considerations  of  equity 
or  policy,  in  regard  to  this  provision,  what  more 
need  l)c  said  to  demonstrate  its  oltjoctionable 
character,  than  that  it  is  in  direct  and  undis- 
guised violation  of  tho  pledge  given  by  Congress 
to  tho  States,  before  a  single  cession  was  made ; 
that  it  abrogates  tho  condition  upon  which  some 
of  the  States  came  into  the  Union ;  and  that  it 
sets  at  nought  the  terms  of  cession  spread  upon 
the  face  of  every  grant  under  which  tho  title  to 
that  portion  of  the  public  land  is  held  by  the 
federal  government  ? 

"  In  the  apportionment  of  the  remaining  seven 
eighths  of  the  proceeds,  this  bill,  in  a  manner 
equally  undisguised,  violates  the  conditions  upon 
w'..ich  til?  United  Slates  acquired  title  to  the 
ceded  lands.  Abandoning  altogether  the  ratio 
of  distribution,  according  to  the  general  charge 
and  expenditure  provided  by  the  compacts,  it 
adopts  that  of  the  federal  representative  popu- 
lation. Virginia,  and  other  States,  which  ceded 
their  lands  upon  the  express  condition  that  they 
should  receive  a  benefit  from  their  sales,  in  pro- 

Eortion  to  their  part  of  the  general  charge,  are,' 
y  the  bill,  allowed  only  a  portion  of  seven 
eighths  of  their  proceeds,  and  that  not  in  the 
proportion  of  general  charge  and  expenditure, 
but  in  tho  ratio  of  their  federal  representative 
population. 

"The  constitution  of  the  United  States  did 
not  delegate  to  Congress  the  power  to  abrogate 
these  compacts.  On  the  contrary,  by  declaring 
'.hat  nothing  in  it '  shall  bo  so  construed  as  to 


I  prrjudiw  tnv  etaiiM  of  the  Tnlfed  Stato*,  nrof 

'  any  fmrvi.  Mlar  Slati",'  it  virtually  providtM  tt,„ 

:  them!  compnrti,  and  the  right*  Ihoy  n-rurv  .1,, 

\  remain  nntourlxMl  by  (he  legislative  power, win.. 

'  ^hall  only  make  all  'needful  ruloM  and  npui, 

tiona'  for  carrying  them  into  ellirt.     All  },. 

yond  this,  would  seem  to  Imj  an  aoduniptiomf 

undelegated  jKiwer. 

"  Thew  ancient  compacts  are  invniiinlilc  num,;. 
mcnts  of  an  age  of  virtue.  patriotiHfii,  nti<l  ili.p. 
tercstednecM.     Theyc.    .'t  (he  price  tlmi  i-rr 
States,  which  had  won  li'K-rty,  were  williiii; 
|)ay  for  that  Union,  wit  >    ;t  which,  tlieyplni 
•aw,  it  coulil  not  Ihj  pn-Herved.     It  \va«  iki  i,p 
territory  or  State  power  (hut  our  n-volnliomr 
fathers  took   up  arms;   it  wan  for  intilvKln,; 
liljcrty,  and  the  right  of  ^elf-governiiicnt.    TK 
expulsion,  from  the  continent,  of  Britisli  amn, 
and  British  f)Owcr  was  to  them  a  hurren n i! 
(]|UMt,  if,  through  the  collisions  of  the  redwmni 
States,  tho   iiulividual   rights  for  which  tin 
fought  should  iKK-oine  the  jtrey  of  jK-tty  niilitarr  | 
tyrannies  cstablisheil  at  home.    'Jo  iiViTt  sni 
consequences,  and  throw  around  liheity  t!,, 
shield  of  union,  States,  whose  relative  strinstli 
at  tho  time,  gave  them  a  preponderating  iiiiw,r 
magnanimously  sacrificed  domains  which  \vnu:,i 
have  made   them  tho  rivals  of  empires,  oni 
stipulating  that  they  should  \>e  disprtsed  f,f  fr 
the  common  benefit  of  themselves  a*id  tho  othir  l 
confederated  States.     This  enlightened  ndljrv 
produced  union,  and  has  secured  liberty.    It  ha,  | 
made  our  waste  lands  to  swarm  with  a  Imii^v 
people,  and  added  many  powerful  States  to  dn'r  i 
confederation.     As  well  for  tho  fruits  ivliidi  | 
these  noblo  works  of  our  ancestors  Iiutc  pro. 
duced,  as  for  the  devotcdncss  in  wliich  tkv  i 
originated,  we  should  hesitate  before  we  demo!- 1 
ish  them. 

"But  there  are  other  principles  asscrte*!  ini 
the  bill,  which  would  have  impelled  me  to  witli- 
hold  my  signature,  had  I  not  seen  in  it  n  viola. 
tion  of  the  compacts  by  which  tho  United  Stnth  | 
acquired  title  to  a  largo  portion  of  the  piiU 
lands.    It  reasserts  the  principle  contained  in  l 
the  bill  authorizing  a  subscription  to  the  Mock  | 
of  the  Maysvillo,  Washington,  Paris,  and  F.oi- 
ington  Turnpike  Road  Company,  from  which  I 
was  compelled  to  withhold  my  consent,  for  rea- 1 
sons  contained  in  my  message  of  tho  27th  .Mav  [ 
1830,  to  tho  House  of  Representatives,   lie 
leading  principle,  then  asserted,  wag,  that  Con- 
gress  possesses  no  constitutional  power  to  ap- 
propriato  any  part  of  the  moneys  of  the  United  I 
States  for  objects  of  a  local  character  within  the 
States.    That  principle,  I  cannot  be  mistaken  in 
supposing,  has  received  tho  unequivocal  sanction  | 
of  the  American  people,  and  all  subsequent  re 
flection  has  but  satisfied  mo  more  thoroughlj  I 
that  the  interests  of  our  people,  and  the  puritr 
of  our  government,  if  not  its  existence,  depend 
on  its  observance.    Tho  public  lands  are  the 
common  property  of  tho  United  States,  and  th«  I 
i  moneys  arising  from  their  sales  are  a  piirtof  tb*  I 
'  public  revenue.    This  bill  proposes  to  raise  fron  I 


ANN(»  Unx     ANMU.W  .lAt  KhoN.  I'UFMIiKN T. 


3G7 


ho  rnlfwl  S«nt<«,  rrof 
Tirtnnlly  provider  ti,,, 
riprhtH  they  ctruri'  >!,, 
Ifiritlntivcpowir.wlii,: 
fH'iil  nilcM  niid  nciil,. 
n  into  rtrcrt.     All  1.. 

0  Iw  an  ai<Miiiiiiition.r 

cto  nrc  invnliinlilc  mfmi;. 
I'.  iinlriotiNin.  nn<l  iIimi. 
.  t  the  pricf  thnl  tfrn 
li')crty,  won-  willing.  • 
.  ;t  whirh,  tin  y  pin; 
HiTVt'd.  It  wiiM  iii>t  I,, 
•  tliiit  our  n-voliiiicinr 

1  it  wiiK  Oir  iiiilividiui 
'  M'lf-({fivcriiinciit.  Tl> 
tiiR'nt,  of  Britihh  anm, 

to  them  a  Imm-n  n  i. 
lUisions  of  ttu'  ri'dcitiiMl 
rights  for  wliich  tl.n- 
(le  prey  of  lH;tty  iiiilii;ir'r 
t  home.  To  II vert  Mi/i, 
ow  nrounrl  lilifrty  i!,.' 
whose  relative  strinjili, 
a  preponderating  pmvir 
L'd  domains  which  \vn\i,i 
rivals  of  empires,  nn' 
lould  he  disponed  rf  fr 
ihemselves  and  the  (jthn 
This  enlightened  pdljn 
<  secured  liberty,  it  hi. 
to  Bwarm  with  a  \>m 
r  powcrftil  Stnti'g  to  (m'r 
II  for  the  fniits  wiiidi 
Dur  nnccBtors  have  yi^,- 1 
itednecs  in  which  th(j  | 
esitate  before  we  demo!- 

principles  a8scrte<l  in.  I 
five  impelled  me  to  with- 
I  not  seen  in  it  a  viola.  I 
which  the  United  Stalis  | 
!;o  portion  of  the  piiW 
a  principle  contained  in  I 
ubscription  to  the  ftock 
ington,  Paris,  and  I.ci- 
Company,  from  which  1 1 
lold  my  consent,  fur  rea- 
lessnge  of  the  27  th  Mav  I 

Representatives,   lit 
asserted,  was.  that  Con- 1 

titutional  power  to  a[- 
le  moneys  of  the  Unitid  I 
)cal  character  within  tli« 
I  cannot  be  mistaken  ii 
the  unequivocal  sanction  | 
,  and  all  subsequent  re 

d  mc  more  thoronghlT  I 
r  people,  and  the  puritT  I 
lot  its  existence,  depend  I 
tie  public  lands  are  tii!  I 
ic  United  States,  and  tin  I 
eir  sales  are  a  partoflhtl 
ill  proposes  to  raise  froa  I 


»nl  •ppr"prl«te  a  |iorti<>n  of.  thin  public  rpvrnnc 

, ,  fiftum  .*<l«lfH.  proTidiiijt  expn-nxly  that  it 
,i,,ll  In-  npplii'd  to  oli|«'<-m  of  iiilenial  iinpntvo- 
iiiciit  iiri'diicatiiin  williiii  tlii>«o  .'^tnteM,'  and  then  ' 
|.rii«'('«"l'*  t"  uppropriiile  the  liiilnnt-f  t<>  nil  the  j 
>t.ilt"<.  ^vith  lh<t  df<'luriitiip|i  that  it  »hiill  U'  n|>- 
ilh-d'to  Miich  puriMiM'M  an  the  l<'tri!«liitiiieM  of 
,1,,.  Mild  n'i»|n'<'live  .'^lute!<  i<liall  deem  pnifHT.' 
11,0  fiiriiur  appropriation  is  exprcHMly  for  iiilcr- 
imI  Jnipri'veuK'nlM  nr  ediicntion,  without  (|iialili- 
iMtimi  as  to  tlio  kind  of  improvements,  and, 
iherelDn-,  in  express  violation  of  the  principle 
iiiitiiituiiied  in  my  ohJeetionM  to  the  turnpike 
pad  hill,  above  ivl'erred  to.  Tiie  latter  appro- 
iirutioii  is  more  broad,  and  gives  the  money  to 
lic  ippiie*!  to  any  local  piiriNtm*  whatsis'ver.  It 
HJil  not  be  denied,  that,  under  the  provisionii  of 
iliebill,  a  portion  of  the  money  m\\i\\i  have  U'eii 
appiii-tl  to  making  the  very  nn'l  to  which  the 
lull  of  IHiiO  had  reference,  and  must,  of  c<jiirse, 
(iiine  within  the  hco|)o  of  the  xainu  principle. 
If  the  money  of  the  United  States  cannot  Ims  ap- 
plied to  local  purposes  through  its  own  agents, 
AS  little  can  it  be  |iermittu(l  tu  l)o  thus  expended 
tunmnh  the  agency  of  the  State  governnientH. 

"It  has  been  supposed  that,  with  all  the  reduc- 
\v\ni  m  our  revenue  which  could  bo  s|)ecdily 
ell'ecte*!  by  Congrew,  without  injury  to  the  sul)- 
stantial  interests  of  the  country,  there  might  be, 
f(ir  Kome  years  to  come,  a  surplus  of  moneys  in 
the  treasury ;  and  that  there  was,  in  principle, 
uo  objection  to  returning  them  to  the  people  by 
wlinni  they  were  paid.  A.h  the  literal  accom- 
plinhmtnt  of  such  an  object  is  obviously  imprac- 
ticable, it  was  thought  admissible,  as  the  nearest 
iipproxiination  to  it,  to  hand  them  over  to  the 
State  governments,  the  more  immediate  repre- 
-entiitivea  of  the  people,  to  bo  by  them  applied 
ti(  the  beiietit  of  those  to  whom  thoy  properly 
belonged.  The  principle  and  the  object  was,  to 
return  to  the  peojilo  an  unavoidable  surplus  of 
I  rercnue  which  might  have  been  paid  by  them 
under  a  system  which  could  not  at  once  bo  aban- 
duned ;  but  even  this  resource,  which  at  one  time 
seemed  to  be  almost  the  only  alternative  to  save 
the  general  government  from  grasping  unlimited 
power  over  internal  improvements,  was  suggest- 
I  u(l  with  doubts  of  its  constitutionality. 

"  But  this  bill  a-ssumes  a  new  principle.  Its 
I  object  is  not  to  return  to  the  people  an  unavoidable 
surplus  of  revenue  paid  in  by  them,  but  to  create 
I  a  surplus  for  distribution  among  the  Statc.3.  It 
[seizes  the  entire  proceeds  of  one  source  of  reven- 
lue,  and  sets  them  apart  as  a  surplus,  making  it 
I  necessary  to  raise  the  money  for  supporting  the 
[irovernment,  and  meeting  the  general  charges, 
Ifrom  other  sources.  It  even  throws  the  entire 
lland  system  upon  the  customs  for  its  support, 
land  makes  the  public  lands  a  perpetual  charge 
■upon  the  treasury.  It  does  not  return  to  the 
■people  moneys  accidentally  or  unavoidably  paid 
Iby  them  to  the  government  by  which  they  are 
Inot  wanted;  but  compels  the  people  to  pay 
linoneys  into  the  treasury  for  the  mere  purpose 
lof  creating  a  surplus  for  distribution  to  their 


State  pivirnmcnt*.  If  this  |iriiici|ili«  \n>  otici- 
admitted,  it  is  not  dittltult  l>>  isii-ttvi'  to  ulm( 
conM-(|Ueiii'i'«  It  may  Uud.  Alreaily  ibis  bill,  by 
throwing  the  hind  fj'slt'tii  on  tho  riAennei  from 
iin|Mirts  for  Miipiiort.  virtually  dixtr^btitr*  niiiong 
the  .States  a  part  cf  those  n'veniies.  The  pnn 
portion  may  U>  in--  .  iwd  from  tifie  to  tune, 
without  any  depariuU'  fruiii  llie  priiii'iple  now 
asserted,  until  the  .Stiitu  gotcrniiunts  sbiill  de- 
rive nil  the  funds  neirsfitiry  for  tlinr  support 
from  the  treasury  of  the  Inited  Stnt>'» ;  or,  if  a 
siiilicient  supply  should  lie  obtniiicd  by  sniuo 
States  and  not  l>y  others,  the  dilleieiit  Stati-a 
might  rtunphiin.  and,  to  |iut  an  end  to  nil  fur- 
ther ditliciilty,  Congix-sN.  without  n>suining  any 
new  principle,  need  go  but  one  step  further,  anil 
put  the  salaries  (d'all  the  Stiite  govornors.  jud;:- 
es,  and  other  otllcers,  with  a  snilicient  sum  fir 
other  ex|ienses,  in  theirgeneral  ap]iropriiitiiin  bill. 
"It  np|K>ars  to  me  that  a  more  direct  roml  to 
consolidation  cannot  Iki  devised.  Money  is 
power,  and  in  that  government  which  pays  all 
the  public  olllcerH  of  the  ,'><tiitis,  will  all  isilitieal 
IKtwer  be  substantially  concentrated.  The  Statu 
governments,  if  governnienis  they  might  be  call- 
ed, would  lose  all  their  indepemlence  and  digni- 
ty. The  economy  which  now  distinguishes  thero 
would  bo  converted  into  a  profusion,  limited  !y 
by  the  extent  of  the  supply.  Ueing  the  depen- 
dants of  the  general  government,  and  looking  to 
its  treasury  as  the  source  of  all  their  emolu- 
ments, the  State  otllcers,  under  whatever  nnines 
they  might  jtass,  and  by  whatever  forms  their 
duties  might  be  prescribed,  would,  in  etleet,  bu 
the  mere  stipendaries  and  instruments  of  tho 
central  power. 

"I  am  quite  sure  that  tho  intelligent  people 
of  our  several  States  will  l)0  satislied,  on  a  little 
rellection,  that  it  is  neither  wise  nor  safe  to  re- 
lease tho  meniliers  of  their  local  legislatures  from 
tho  responsibility  of  levying  the  taxes  necessary 
to  support  their  State  governments,  and  vest  it 
in  Congrcea,  over  most  of  whose  members  they 
have  no  control.  They  will  not  think  it  ex- 
pedient that  Congress  shall  bo  the  lix-gutherer 
and  paymaster  of  all  their  State  governments, 
thus  amalgamating  all  th<:ir  oillcers  into  one  mass 
of  common  interest  and  common  feeling.  It  is 
too  obvious  that  such  a  course  would  subvert 
our  well-balanced  system  of  goverument,  and 
ultimately  deprive  us  of  tho  bles.--iii;^s  now  do- 
rived  from  our  happy  union. 

"  However  willing  I  might  bo  that  any  un- 
avoidable surplus  in  tho  treasury  should  be  re- 
turned to  tho  people  through  their  State  govern- 
ments, I  cannot  assent  to  the  principle  that  a 
surplus  may  be  created  for  the  purpose  of  dis- 
tribution. Viewing  this  bill  as,  in  ellect,  a.ssura- 
ing  the  right  not  only  to  create  a  surplus  for 
that  purpose,  but  to  divide  the  contents  of  tho 
treasury  among  the  StJitcs  without  limitation. 
from  whatever  source  they  may  be  derived,  an(l 
as-serting  the  power  to  raise  and  ai)[)iopriat« 
money  for  the  support  of  every  State  govern- 
ment and  institution,  as  well  as  for  making  every 


368 


TIIIUTY  YKAIW  VIKW. 


m 


local  iin]ir()v<'i))Lnt,  however  trivial,  I  ccnot  give 
it  my  iisM'iit. 

"It  is  (litllcnlt  to  pcrcivc  wlidt  advaiitnpes 
would  awnie  ti>  the  o'tl  States  or  the  new  from 
the  BysU'tii  of  (listrihiition  which  this  hill  pro- 
poseH,  if  it  were  otherwise  unohjectionahlc.  It 
requires  no  arfriiMient  to  prove,  that  if  three  mil- 
lions of  dollars  a  j'ear,  orany  other  sum,  shall  be 
taken  out  of  the  treasury  by  this  bill  fordistribu- 
tion.  it  must  be  rei)laced  by  the  same  sum  collect- 
ed from  the  i)eoi)lo  through  some  other  sneans. 
The  old  Stiites  will  receive  annually  a  sum  of 
money  from  the  treasury,  but  they  will  pay  in 
a  Inrftcr  sum,  toprcthcr  with  the  exjtenscs  of  col- 
lection and  distribution.  It  is  only  their  pro- 
jwrtion  of  seven  eights  of  the  proceeds  of  land 
sales  which  they  are  to  receive,  but  they  must 
pay  their  due  proportion  of  the  whole.  Disguise 
it  as  we  may,  the  bill  proposes  to  them  a  dead 
loss  in  the  ratio  of  eight  to  seven,  in  addition  to 
expenses  ami  other  incidental  losses.  This  as- 
sertion is  not  the  less  true  becau.se  it  may  not 
at  first  be  palpable.  Their  receipts  will  bo  in 
large  sums,  but  their  payments  in  small  ones. 
The  governments  of  the  States  will  receive  seven 
dollars,  for  which  the  people  of  the  States  will  pay 
eight.  The  large  sums  received  will  be  palpable 
to  the  senses ;  the  sniali  sums  paid,  it  requires 
thought  to  identify.  But  a  little  consideration 
will  satisfy  the  people  that  the  effect  is  the  same 
as  if  seven  hundred  dollars  were  given  them  from 
the  pubUc  treasury,  for  which  they  were  at  the 
same  time  required  to  pay  in  taxes,  direct  or  in- 
direct, eight  hundred. 

"  I  deceive  myself  greatly  if  the  new  States 
would  find  their  interests  promoted  by  such  a 
system  as  this  bill  proposes.  Their  true  policy 
consists  in  the  rapid  settling  and  improvement 
of  the  waste  lands  within  their  limits.  As  a 
means  of  hastening  those  events,  they  have  long 
been  looking  to  a  reduction  in  the  price  of  public 
lands  upon  the  final  payment  of  the  national 
debt.  The  effect  of  the  proposed  system  w^ould 
be  to  prevent  that  reduction.  It  is  true,  the  bill 
reserves  to  Congress  the  power  to  reduce  the 
price,  but  the  effect  of  its  details,  as  now  ar- 
ranged, would  probably  be  forever  to  prevent  its 
exercise. 

"  With  the  just  men  who  inhabit  the  new 
States,  it  is  a  sufficient  reason  lo  reject  this 
system,  that  it  is  in  violation  of  the  fundamental 
laws  of  the  republic  and  its  constitution.  But 
if  it  were  a  mere  question  of  interest  or  expe- 
diency, they  would  still  reject  it.  They  would 
not  sell  their  bright  prospect  of  increasing  wealth 
and  growing  power  at  such  a  price.  They 
would  not  place  a  sum  of  money  to  be  paid  into 
their  treasuries,  in  competition  with  the  settle- 
ment of  their  waste  lands,  and  the  increase  of 
their  population.  They  would  not  consider  a 
small  or  large  annual  sum  to  be  paid  to  their 
governments,  and  immediately  expended,  as  an 
equivalent  for  that  enduring  wealth  which  is 
composed  of  flocks  and  herds,  and  cultivated 
firms.    No  temptation  will  allure  them  from 


that  object  of  abiding  interest,  the  octtlemdit  of 
their  waste  land.>4.  and  the  increase  of  a  lurrh 
race  of  free  citizens,  their  glory  in  peace  anil 
their  defence  in  war. 

"  On  the  whole,  I  adhere  to  the  opinion  (x. 
pressed  by  me  in  my  annual  me.s8age  of  i^;,.j 
that  it  is  our  true  policy  that  the  public  lanil^i 
shall  cease,  as  soon  as  practicable,  to  b<}  a  sourf^. 
of  revenue,  except  for  the  payment  of  tho.sc  (:( n- 
oral  charges  which  grow  out  of  the  acqui8iti(<n 
of  the  land.s,  their  survey,  and  sale.  Although 
these  expenses  have  not  been  met  by  the  pro- 
ceeds of  sales  heretofore,  it  is  quite  certain  thcv 
will  be  hereafter,  even  after  a  considerable  rciliu. 
tion  in  the  price.  By  meeting  in  the  treasury  so 
much  of  the  general  charge  as  arises  from  that 
source,  they  will  be  hereafter,  as  they  have  Ixiii 
heretofore,  disposed  of  for  the  common  btne- 
fit  of  the  United  States,  according  to  the  com- 
pacts of  cession.  I  do  not  doubt  that  it  is  the 
real  interest  of  each  and  all  the  States  in  the 
Union,  and  particularly  of  the  new  States,  that 
the  price  of  these  '-  shall  be  reduced  nml 
graduated ;  and  that,  after  they  have  been  ofiir- 
ed  for  a  certain  number  of  years,  the  refuse,  x<^ 
maining  unsold,  shall  be  abandoned  to  the  State*. 
and  the  machinery  of  our  land  system  entiniv 
withdrawn.  It  cannot  be  Supposed  the  coni 
pacts  intended  that  the  United  States  should 
retain  forever  a  title  to  lands  within  the  States, 
which  are  of  no  value ;  and  no  doubt  is  en- 
tertained that  the  general  interest  would  lie 
best  promoted  by  surrendering  such  lands  to 
the  States. 

"  This  plan  for  disposing  of  the  public  lands 
impairs  no  principle,  violates  no  compact,  and 
deranges  no  system.  Already  has  the  price  of 
those  lands  been  reduced  from  two  dollars  per 
acre  to  one  dollar  and  a  quarter ;  and  upon  the 
will  of  Congress,  it  depends  whether  there  shall 
be  a  further  reduction.  While  the  burden,s  of 
the  East  are  diminishing  by  the  reduction  of  the 
duties  upon  imports,  it  seems  but  equal  justice 
that  the  chief  burden  of  the  West  should  lie 
lightened  in  an  equal  degree  at  least.  It  would 
be  just  to  the  old  States  and  the  new,  conciliate 
every  interest,  disarm  the  subject  of  all  its  dan- 
gers, and  add  another  guaranty  to  the  perpetu- 
ity of  our  happy  Union." 

Statement  respecting  the  revenue  derived  from 
the  public  lands,  accompanying  the  Presi- 
dent's Message  to  the  Senate,  December  \lh, 
1833,  stating  his  reasons  for  not  apyrom^ 

,    the  Ijand  Bill  : 

Statement  of  the  amount  of  money  which  hs 
been  paid  by  the  United  States  for  the  title  to 
the  public  lands,  including  the  payments  made 
under  the  Louisiana  and  Florida  treaties;  the 
compact  with  Georgia ;  the  settlement  with  the 
Yazoo  claimants ;  the  contracts  with  the  Indian 
tribes ;  and  the  expenditures  lor  coni]  ensation 
to  commissioners,  clerks,  surveyors,  and  other 
officers,  employed  by  the  United  States  forth* 


ANNO  ih;;3.    anihu:\v  .iack'son.  pri:<ti)F.nt 


3C9 


est.  the  nettli'jiK  III  of 
iucrcni»e  of  a  lurriv 
-  glory  in  pfuce  ai.il 

■e  to  the  opinion  (j. 
ii!»l  inessape  of  1^:,.; 
;hat  the  public  lani!^ 
ticable,  to  \m  a  soiiroi 
)ayment  of  those  jk  n- 
outoftho  acquisiiii.n 

and  Bale.  Althoiii:h 
»ee;i  met  by  the  pm- 
t  is  quite  certain  tticy 
r  a  considerable  rc'liii'- 
ting  in  the  treasury  so 
e  as  arises  from  that 
fter,  as  they  have  >xin 
ir  the  common  bone. 
ccording  to  the  com- 
)t  doubt  that  it  is  tlie 

all  the  States  in  tlir 
f  the  new  States,  that 

shall  be  reduced  nrKl 
r  they  have  been  ofiW- 
f  years,  the  refuse,  i<^ 
bandoned  to  the  State  <, 
r  land  system  entirely 
be%upposed  the  com 

United  States  ghould 
,nds  within  the  Stnton, 

and  no  doubt  is  en- 
ral  interest  would  lie 
idering  such  lands  tu 

ig  of  the  public  lands 
lates  no  compact,  and 
Ireadj'  has  the  price  uf 

from  two  dollars  per 
[uarter ;  and  upon  the 
ids  whether  there  shall 
While  the  burdens  of 
by  the  reduction  of  the 
eems  but  equal  justice 

■  the  West  should  lie 
ree  at  least.  It  would 
and  the  new,  conciiiaie 

subject  of  all  its  dan- 
mranty  to  the  perpetu- 


nt  of  money  which  has 
Stites  for  the  title  to 
g  the  payments  made 
Florida  tnnties;  the 
ho  settlement  with  the  | 
itracts  with  the  Indian 
;ures  ftjr  com]  ensation 
surveyors,  and  other 
United  Siati-s  forth« 


mansp'mi'it  and  cnle  of  the  Western  do!iiain  ; 
the  pn>>s  amount  of  money  received  into  the 
frcjisnry.  a.s  the  proceeds  of  public  lands,  to  the 
HOth  of  Septemljor,  1832  ;  also,  the  net  amount, 
after  dwlucting  live  i)er  cent,,  expended  on  ac- 
count of  road.i  within,  and  leading  to  the  We.>-t- 
ern  States,  Ac,  and  sums  n'funded  on  account 
of  errors  in  the  entries  of  public  land.s. 

Payment  on  account  of  the  purcha-^e  of  Louis- 
iana: 


|T|n.-lp«l, ♦14,i)<M,s:2  2S 

InWRilon         IlLrxvPOO         S„Vjy,:i,W  4;» 

123,514,225  Tl 

Payment  on  account  of  the  purchase  of  Florida: 


rrinoljal, »4,9Vi.,^(•!>  S2 

ii];cri.-»t  loSiltli  September,  1S32,  I,4i'.».7(W  (ji) 

I'lrmont  of  compaot  with  Ocorjfia.  .... 

i'sviiu'iit  lit  ihu  liuttluiiient  will)  tliu  Vazoo 
clalNiiiiii.s 

I'annentiif  contructs  witli  tlioH'venil  Indian 
trIlH'.'i  (all  <'X|)i'ii»o.s  on  iiocouMtof  liiiliaiis), 

raviiient  uf  inimnl-sloners,  cliTks  and  otliur 
oltkers,  I'liipliiyed  t>.v  tlm  I'n'tcil  States  for 
tlio  insiiii;;uiiK'ut  anil  sale  of  the  Western 
domain, 


|n,47S,Sr,9  4S 
l,IIOo,4S4  UO 

l,.S;iO,808  04 

13,004,677  4,5 

3,750,710  4^ 
$49,701,230  1 , 


.tmount  of  money  received  Info  flio  treasury 
ajtliK  pnK'eodi  of  pubUo  lands  to  SUtli  fiep. 


tenilwr,  ls32, 


Deduct  paynicntJi  ffom  tlie  treasury  on  ac 
count  i>f  roails,  Ac,    ..... 


-    139,614,000  07 


hiph  qualities  of  the  public  in:ui.  II»'  s.'it  out 
with   showing  that  these  hinds,  so  f:ir  uh  tlicy 

i  were  divided  from  the  State.-(,  \verc  pranted  a-' 
a  comnton  fund,  to  l>e  dispfised  of  for  the  Iwmtit 

I  of  all  the  State.o,  accord] np  to  their  u.stial  respect- 
ive proportions  in  the  peneral  eharpe  and  ex- 
penditure, and  for  no  other  use  or  pur|K)se  what- 
soever ;  and  that  by  the  |)rinciples  of  our  po\  - 
ernment  and  sound  policy,  those  acquired  from 
foreign  governments  could  only  be  dispo.sed  of 
in  the  same  manner.  In  addition  to  the.sc  great 
reasons  of  principle  and  policy,  the  message 
clearly  points  out  the  mischief  which  any  scheme 
of  distribution  will  inflict  upon  the  new  States 
in  preventing  reductions  in  the  price  of  the 
public  lands — in  preventing  donations  to  settler.-i 
— and  in  preventing  the  cession  of  the  unsalable 
lands  to  the  States  in  which  they  lie ;  and  re- 
curs to  his  early  messages  in  support  of  thq 
policy,  now  that  the  public  debt  was  paid,  of 
looking  to  settlement  and  population  as  the  chief 
objects  to  be  derived  from  these  lands,  and  for 
that  purpose  that  they  be  sold  to  settlers  at  cost. 


1,227,375  94 
$88,330,624  13 


T.  L.  Smith,  lieg. 
Treasury  Department,         i 
Register's  Office,  March  1,  1833.  ^ 

Such  was   this   amplo   and  well-considered 
message,  one  of  the  wisest  and  most  patriotic 
ever  delivered  by  any  President,  and  presenting 
General  Jackson  under  the  aspect  of  an  immense 
I  elevation  over  the  ordinary  arts  of  men  who  run 
a  popular  career,  and  become   candidates  for 
popular  votes.    Such  arts  require  addresses  to 
popular  interests,  the  conciliation  of  the  interest- 
ed passions,  the  gratification  of  cupidity,  the 
favoring  of  the  masses  in  the  distribution  of 
money  or  property  as  well  as  the  enrichment  of 
[classes  in  undue  advantages.    General  Jackson 
[exhibits  himself  as  equally  elevated  above  all 
lthe.se  arts — as  far  above  seducing  the  masses 
with  agiurian  laws  as  above  enriching  the  few 
I  with  the  plundering  legislation  of  banks  and 
I  tariffs;  and  the  people  felt  this  elevation,  and 
jd'd  honor  to  themselves  in  the  manner  in  which 
[they  appreciated  it.    Far  from  losing  his  popular- 
jitv,  he  increased  it,  by  every  act  of  disdain 
Iwhich  he  exhibited  for  the  ordinary  arts  of  con- 
Iciliating  popular  favor.    Ilis  veto  message,  on 
[this  occasion  was  an  exemplification  of  all  the 

Vol.  I— 24 


CHAPTER    XCI. 

COMMENCEMENT  OF  THE  TWENTV-TIIIRD  CON. 
ORESS.— THE  MEMUEUS,  AND  I'lil.sIDENTS  MES- 
SAGE. 

On  the  second  day  of  December,  1833,  com- 
menced the  first  session  of  the  Twenty-third 
Congress,  commonly  called  the  Panic  session — 
one  of  the  most  eventful  and  exciting  which  tho 
country  had  ever  seen,  and  abounding  with  high 
talent.    The  following  is  the  list  of  members : 

SENATE. 

Maine — Pelcg  Sprague,  Ether  Shepley. 

New  Hampshire — Samuel  Bell,  Isaac  Ilill. 

Massachusetts — Daniel  Webster,  Nathaniel 
Silsbec. 

Rhode  Island — Nehemiah  R.  Knight,  Asher 
Robbins. 

Connecticut — Gideon  Tondinson,  Nathan 
Smith. 

Vermont — Samuel  Prentiss,  Penjamin  Swift. 

New  Youk — Silas  Wright,  N.  P.  Tallmadge. 

New  Jeusev — Theodore  Fielinghuyscn,  S.  L. 
Southard. 

Pennsylvania — William  Wilkin.^,  Samuel 
McKeau. 

Delaware — John  M.  Clayton,  Arnold  Nau- 
daia. 


'■i  %  1 

■  t    '-:•    . 


S^' 


(•:^f 


370 


TIIIUTY  YKAIIS'  VIKW. 


I  ill 


JfAuvi.ANi) — Ezckicl  F.  ChanilKTH,  Joseph 
Kent. 

Virii'.i.NiA— AVni.  C.  Hives.  Jolm  Tyler. 

NnuTii  Cahoi.i.na — Ik-dfonl  llrown,  W.  P. 
Manpuin. 

.South  Carolina — J.  C.  Calhoun,  AVilliaiu 
C.  Freston. 

Gkoroia — John  Forsyth,  John  P.  Kinjr. 

Kentuckv — (ieor-re  M.  Hihh,  Henry  Cliiy. 

Tknnessek — Felix  CJnindy,  Ilnph  L.  Wliitc. 

Ohio — Thomas  Ewinfr,  Tliomas  Morris. 

I/)uisiana — G.  A.  W'uggaiuan,  Aloxiinder 
Porter. 

Indiana — Wm.  Ilenflrickw,  John  Tipton. 

Mississippi — Gcortre  Poindexter.  John  HIack. 

Illinois — Ellas  K.  Kane,  John  M.  Rohinson. 

Alabama — William  K.  Kinj.',  Gahriel  Moore. 

Missouri — Thomas  II.  IJenton,  Lewis  F.  Linn. 

1I0U3E  OF  REPUKSENT.VTIVES. 

Maine — Georfie  Evans,  Joseph  Hall,  Ijconard 
Jarvia,  Edward  Kavanagh,  Moses  Mason,  llufus 
Mcfntyre,  Gorham  Pt^ks,  Francis  (),  J.  Smith. 

New  Hampshire — Benning  M.  Bean,  Robert 
Rums,  Joseph  M.  Harper,  Henry  Ilubbard, 
Franklin  EifiJcRC. 

Massachusetts — John  Quincy  Adams,  Isaac 
C.  Rates,  William  Raylies,  Georp;e  N.  Rriggs, 
Rufus  Choate,  John  Davis,  Edward  Everett, 
Benjamin  Gorham,  George  Grenncll,  jr.,  Gayton 
P.  Osgood,  John  Reed. 

Rhode  Island — Tristam  Burges,  Dutca  J. 
Pearce. 

Connecticut — Noycs  Barber,  William  W. 
Ellsworth,  Samuel  A.  Foot,  Jabez  W.  Hunting- 
ton, Samuel  Tweedy,  Ebenezer  Young. 

Vermont — Ileman  Allen,  Benjamin  F.  Dem- 
ing,  Horace  Everett,  Hiland  Hall,  William  Slade. 

New  York — John  Adams,  Samuel  Beardslcy, 
Abraham  Bockee,  Charles  Bodle,  John  W. 
Brown,  Churchill  C.  Cambreleng,  Samuel  Clark, 
John  Cramer,  Rowland  Day,  John  Dickson, 
Millard  Fillmore,  Philo  0.  Fuller,  William  K. 
Fuller,  Ransom  11.  Gillet,  Nicoll  Halsey,  Gideon 
Hard,  Samuel  C.  Hathaway,  Abner  Hazeltine, 
Edward  Howell,  Abel  Huntington,  Noadiah 
Johnson,  Gerrit  Y.  Lansing,  Cornelius  W.  Law- 
rence, George  W.  Lay,  Abijah  Mann,  jr.,  Henry 
C.  Martindale,  Charles  McVean,  Henry  Mitchell, 
Sherman  Page,  Job  Picrson,  Dudley  Selden, 
William  Taylor,  Joel  Turrill,  Aaron  Vanderpoel, 
Isaac  B.  Van  Ilouten,  Aaron  Ward,  Daniel 
Wardwell,  Reuben  W  ballon,  Campbell  P.  Wlute, 
Frederick  Whittlesey. 

New  Jersey — Philemon  Dickerson,  Samuel 
Fowler,  Thomas  Lee,  James  Parker,  Ferdinand 
('.  Schenck,  William  N.  Shinn. 

Pennsylvania — Joseph  B.  Anthony,  John 
Banks,  Charles  A.  Barnitz,  Andrew  Beaumont, 
Horace  Binney.  George  Burd,  George  Cham- 
bers, W^illiam  Clark,  Richard  Coulter,  Edward 
Darlington,  Harmar  Denny,  J(»hn  Galbraith, 
Jiuncs  Harper,  Samuel  S.  Harrison,  William 
Hioster,  Joseph  Henderson,  Henry  King,  John 


Laporte.  Joel  K.  Mann,  Thomas  M.  T.  McKonnan 
JesKo  Miller,  Henry  A.  Muhlenlierp,  Davjil 
Potts,  jr.,  Robert  Ramsay,  Andrew  Stewart 
Jwl  B.  Sutherland,  David  E.  Wagenir,  John  t',, 
Wntniough. 

Delaware — John  J.  Milligan. 

Maryland — Richard  B.  ('nrmichncl.  Littloton 
P.  Dennis,  James  P.  Heath.  William  (Jost  John- 
son,  Isaac  McKim,  John  T.  Stoddert,  Fruntis 
Thomas,  James  Turner. 

ViKiJiNiA — John  J.  Allen,  William  S.  Arcljip. 
James  M.  II.  Beale,  Thomas  T.  liouldin,  Josepti 
W.  Chiiin,  Nathaniel  II.  Claiborne,  Thomas 
I)aven|)ort,  John  H.  Fulton,  James  II.  Ghol.'^on, 
William  F.  Gordon,  George  Loyall,  Edwanl 
Lucas,  John  Y.  Mason,  William  McConiiis, 
Charles  F.  Mercer,  Samuel  McDowell  Moore. 
John  M.  Patton,  Andrew  Stevenson.  William 
P.  Taylor,  Edgar  C.  Wilson,  Henry  A.  ^V iso. 

NoKTii  Carolina — D.inielL.  Barringor,  Jesse 
A.  Bymun,  Henry  W.  Connor,  Edmund  Dcbcrrr, 
James  Graham,  Thomas  II.  Hall,  Micajah  t! 
Hawkins,  James  J.  McKay,  Abraham  Renchcr, 
William  B.  Shepanl,  Augustine  H.  Sheppcrd, 
Jesse  Speight,  Lewis  AVilliams. 

South  Carolina — James  Blair,  William  K, 
Clowney,  Warren  R.  Davis,  John  AL  Fclder, 
William  J.  Grayson,  John  K.  Griffin,  George 
McDuffie,  Henry  L.  Pinckney. 

Georuia — Augustine  S.  Clayton,  JohnCoffw 
Thomas  F.  Foster,  Roger  L.  Gamble,  George  1{,' 
Gilmer,  Seaborn  Jones,  William  Schley,  James 
M.  Wayne,  Richard  II.  Wilde. 

Kentucky — Chilton  Allan,  Martin  Bcaty, 
Thomas  Chilton,  Amos  Davis,  Benjamin  Hardin, 
Albert  G.  Hawes,  Richard  M.  Johnson,  Jami's 
LovCj  Chittenden  Lyon,  Thomas  A.  Marshall, 
Patrick  II.  Pope,  Christopher  Tompkins. 

Tennessee — John  Bell,  John  Blair,  Samuel 
Bunch,  David  Crockett,  David  W.  Dickinson, 
William  C.  Dunlap,  John  B.  Forester,  AVilliam 
M.  Inge,  Cave  Johnson,  Luke  Lea,  Balie  Peyton, 
James  K.  Polk,  James  Standifcr. 

Ohio — William  Allen,  James  M.  Bell,  John 
Chaney,  Thomas  Corwin,  Joseph  H.  Crane, 
Thomas  L.  Hamer,  Benjamin  Jones,  Henry  11, 
Leavitt,  Robert  T.  Lytle,  Jeremiah  McLean, 
Robert  Mitchell,  William  Patterson,  Jonathau 
Sloane,  David  Spangler,  John  Thomson.  Joseph 
Vance,  Samuel  F.  Vinton,  Taylor  Webster, 
Elishii.  Whittlesey. 

Louisiana — Piiilcmon  Thomas,  Edward  D. 
White. 

Indiana — RatliflF  Boon,  John  Carr,  John 
Ewing.  Edward  A.  Hannegan,  George  L.  Kin- 
■nard,  Amos  Lane,  Jonathan  McCarty. 

Mississippi — Harry  Cage,  Franklin  E.  Plumer, 

Illinois — Zadok  Casey,  Joseph  Dunatn. 
Charles  Slatle. 

Alabama — Clement  C.  Clay,  Dixon  IT.  Lewis, 
Samuel  W.  Mardis,  John  Mckinley,  John  Jlur 


phy 

M 


IissouRi— William  H.  Ashley,  John  Bull. 
Lucius  Lyon  also  appeared  as  the  delegate  from 


the  territory'  of  Michigan. 


ANNO  isnn.    ANDREW  JACKSOX.  I'UISIItKNT. 


n7i 


ton,    Taylor  Webstir, 
Thomas,  Edward  D. 


Clav,  Dixon  IT.  Lewis, 
Mckinley,  John  Mur- 

.  Ashley,  John  Bull. 
red  as  the  delegate  from 


Am'irose  II.  Sevier  also  nijK  "xreil  as  the  di'lc- 
■^tc  from  tlic  tfrritory  i>f  '  ■  .tiisa.s, — Jo8('|)h 
\l  Wiiitc  from  Floiidii. 

.\[r.  Andrew  Stevcn.'^n,  who  had  been  eliogun 
Siicak^^T  of  the  House  f<  ir  the  three  succeeding 
(.'oni:ri's.«eH,  was  re-elected  by  a  great  majority 
—indicating  the  administration  strength,  and 
his  own  popularity.  The  annual  message  wa.s 
immediately  sent  in,  and  presented  a  gratifying 
viiw  of  our  foreign  relations — all  nations  being 
in  peace  and  amity  with  us,  and  many  giving 
fresh  proofs  of  friendship,  either  in  new  treaties 
|!jrmed,or  indemnities  made  for  previous  injuries. 
The  Ftato  of  the  finances  was  then  adverted  to, 
and  shown  to  be  in  the  most  favorable  condition. 
Tlie  message  said : 

•It  gives  me  presit  pleasure  to  congratulate 
vmi  upon  the  prosperous  condition  of  the  finan- 
i  es  of  the  country,  as  will  appear  from  the  report 
which  the  Secretary  of  the  Treasury  will,  in  due 
time,  lay  before  you.  The  receipts  into  the 
Taasury  during  the  present  year  will  amount 
t ,  more  than  tliirty-two  millions  of  dollars. 
Hie  revenue  derived  from  customs  will,  it  is  be- 
liiTcd,  be  more  than  twenty-eight  nnllions,  and 
tiie  public  lands  will  yield  about  three  millions. 
riic  expenditures  within  the  year,  for  all  objects, 

I  including  two  millions  five  hundred  and  seventy- 
nvo  thousand  two  hundred  and  forty  dollars 

I  ,ind  ninety-nine  cents  on  account  of  the  public 
(l.bt,  will  not  amount  to  twenty-five  millions, 
and  a  large  balance  will  remain  in  the  Treastiry 
after  satisfying  all  the  appropriations  chargeable 

I  en  the  revenue  for  the  present  year." 

The  act  of  the  last  session,  called  the  "  com- 
Ipromise,"  the  President  recommended  to  ob- 
jtervance, "  unless  it  should  be  found  to  produce 
|r.;ore  revenue  than  the  necessities  of  the  govcm- 
liuent  required."  The  extinction  of  the  public 
Idibt  presented,  in  the  opinion  of  the  President, 
Ithe  proper  occasion  for  organizing  a  system  of 
■expenditure  on  the  principles  of  the  strictest 
|toonomy  consistent  with  the  public  interest; 
dtul  the  passage  of  the  message  in  relation  to 
k'.iat  point  was  p.  irticularly  grateful  to  the  old 
friends  of  an  economical  administration  of  the 
Cvvemnient.    It  said: 

•  But.  while  I  forbear  to  recommend  any  fur- 
Ikr  reduction  of  the  duties,  beyond  that  already 
Biflvided  for  by  the  existing  laws,  I  must  ear- 
nestly and  respectfully  press  upon  Congress  the 
mportance  of  abstaining  from  all  appropriations 

hich  are  not  absolutely  required  for  the  public 
kiti  rests,  and  authorized  by  the  power.s  clearly 
leleL'ated  to  the  United  States.    We  are  bcgin- 


ninga  new  era  inour  government.  The  national 
debt,  which  lias  «)  Iuhl'  been  a  biiplcn  on  the 
Treasury,  will  be  linnllv  diMbnigi-d  in  tbepoiirsi- 
of  the  ensuing  year.  N"  inure  mimey  will 
afterwards  be  needed  than  what  may  Ir-  necensary 
to  meet  the  ordinary  expenses  (if  the  government. 
Now  then  is  the  pro|ier  moment  to  fix  our  sys- 
tem of  expenditure  on  firm  and  durable  prin- 
ciples;  and  1  Cimnot  too  strotigly  urge  th«» 
necessity  of  a  rigid  economy,  and  an  inllexible 
determination  not  to  enlarge  the  income  la>yond 
the  real  necessities  of  the  g<ivernment,  ami  not 
to  increase  the  wants  of  the  gnvernment  by 
unnecessary  anrl  profuse  expenditures.  If  "a 
contrary  course  should  l)e  pursued,  it  may  hap- 
pen that  the  revenue  of  IH.'U  will  fall  short  of 
the  demands  ujion  it;  and  after  reducing  the 
tariff  in  order  to  lighten  the  burdens  of  the 
{)eople,and  providing  for  a  still  further  reduction 
to  take  effect  hcrealter,  it  would  be  much  to  be 
deplored  if,  at  the  end  of  another  year,  we  should 
find  ourselves  obliged  to  retrace  our  steps,  and 
impo.«e  additional  taxes  to  meet  unnecessary 
eAjjenditures." 

The  part  of  the  message,  however,  which  gave 
the  paper  uncommon  emphasis,  and  caused  it  to 
be  received  with  opposite,  and  violent  emotions 
by  different  parts  of  the  community,  was  that 
which  related  to  the  Ban!:  of  the  United  States — 
its  believed  condition — and  the  consequent  re- 
moval of  the  public  deposits  from  its  keeping. 
The  deposits  had  been  removed — done  in  vaca- 
tion by  the  order  of  the  President — on  the 
ground  of  insecurity,  as  well  as  of  misconduct 
in  the  corporation :  and  as  Congress,  at  the  pre- 
vious session  had  declared  its  belief  of  their  safe- 
ty, this  act  of  the  President  had  already  become 
a  point  of  vehement  newspaper  attack  upon  him 
— destined  to  be  continued  in  the  halls  of  Con- 
gress. His  conduct  in  this  removal,  and  the 
reasons  for  it,  were  thus  communicated : 

"  Since  the  last  adjournment  of  Congress,  the 
Secretary  of  the  Treasury  has  directed  tho 
money  of  the  United  States  to  be  deposited  in 
certain  State  banks  designated  by  him,  and  he 
will  immediately  lay  before  you  liis  reasons  for 
this  direction.  I  concur  with  him  entirely  in 
the  view  he  has  taken  of  the  subject ;  and,  some 
months  before  the  removal,  I  urged  upon  the  de- 
partment the  propriety  of  taking  that  step.  The 
near  approach  of  the  day  on  wdiich  the  charter 
will  expire,  as  well  as  the  conduct  of  the  bank, 
appeared  to  me  to  call  for  this  measure  upon  the 
high  considerations  of  public  interest  and  public 
duty.  The  extent  of  its  misconduct,  however, 
although  known  to  be  great,  was  not  at  that 
time  fully  developed  by  proof.  It  was  not  until 
late  in  the  month  of  August,  that  I  received 
from  the  government  directors  an  official  report, 


i 


372 


rillKTY  YEAIW  VIEW. 


rl,* 


!l 


Crilahlinliiiii;  beyond  ((UCNtion  tliat  thin  pn>at  nnd 
powcTiul  iiiKtitiition  had  been  actively  enpajred 
in  attenifiinj;  to  iiiHiienre  tlio  elections  of  the 
j)tib!ic  ollicers  by  nu-anH  of  its  money;  nnd  that, 
in  violation  of  the  expresH  provisions  of  its  char- 
ter, it  hafi,  by  a  formal  resolution,  pliu;cd  its 
fiind.-i  at  the  disposition  of  its  I're.sidunt,  to  1k) 
employed  in  siistaininfj;  the  political  power  of  the 
bank.  A  copy  of  this  resolution  is  contained  in 
the  re|x)rt  of  the  povernment  directors,  J)eforc 
i-eferred  to ;  and  however  the  object  may  be  dis- 
j^uised  by  cautious  Innguape,  no  one  can  doubt 
that  this  money  was  in  truth  intended  for  elec- 
tioneering purposes,  nnd  the  particular  uses  to 
which  it  was  proved  to  have  been  applied,  abun- 
dantly show  that  it  was  so  understood.  Not 
only  WHS  the  evidence  complete  as  to  the  past 
application  of  the  money  and  power  of  the  bank 
to  electioneerinp;  purposes,  but  that  the  resolu- 
tion of  the  board  of  directors  authorized  the 
B;tme  course  to  be  pursued  in  future. 

"It  beinj;  thu.s  established, by  unquestionable 
proof,  that  the  Bank  of  the  United  States  was 
converted  into  a  permanent  electioneering  engine, 
.it  ajjpeared  to  me  that  the  path  of  duty  which 
the  Executive  department  of  the  government 
uu^rht  to  pursue,  was  not  doubtful.  As  by  the 
terms  of  the  bank  charter,  no  officer  but  the 
(Secretary  of  the  Treasury  could  remove  the  de- 
posits, it  seemed  to  me  that  this  authority 
ought  to  be  at  once  exerted  to  deprive  that  great 
corporation  of  the  support  and  countenance  of 
the  government  in  such  a  use  of  its  funds,  and 
H'.icii  an  exertion  of  its  power.  In  this  point  of 
the  case,  the  question  is  distinctly  presented, 
whether  the  people  of  the  United  btates  are  to 
govern  through  representatives  chosen  by  their 
unbiassed  suiirages,  or  whether  the  money  and 
l)0wer  of  a  great  corporation  are  to  be  secretly 
exerted  to  influence  their  judgment,  and  con- 
trol their  decisions.  It  must  now  be  determin- 
ed whether  the  bank  is  to  have  its  candidates 
for  all  offices  in  the  country,  from  the  highest  to 
tlie  lowest,  or  whether  candidates  on  both  sides 
of  political  questions  shall  be  brought  forward 
as  heretofore,  and  supported  by  the  usual  means. 
"  At  this  time,  the  eftbrts  of  the  bank  to  con- 
Ifol  public  opinion,  through  the  distresses  of 
some  and  the  fears  of  others,  are  equally  appar- 
ent, nnd,  if  possible,  more  objectionable.  By  a 
curtailment  of  its  accommodations,  more  rapid 
than  any  emergency  requires,  and  even  while  it 
retains  specie  to  an  almost  unprecedented  amount 
in  its  vaults,  it  is  attempting  to  produce  great 
embarra-ssment  in  one  portion  of  the  community, 
while,  through  presses  known  to  have  been  sus- 
tained by  its  money,  it  attempts,  by  unfounded 
alarms,  to  create  a  panic  in  all. 

"  These  are  the  means  by  w^hich  it  seems  to 
expect  that  it  can  force  a  restoration  of  the  de- 
posits, and,  as  a  necessary  consequence,  extort 
from  Congress  a  renewal  of  its  charter.  I  am 
happy  to  know  that,  through  the  good  sense  of 
our  people,  the  eUbrt  to  get  up  a  panic  has 


hitherto  failed,  and  that,  through  the  inrreastil 
accommodations  whi<h  the  State  banks  havo 
been  eiiiibled  to  alibrd,  no  public  distress  lias 
followed  the  exertions  of  the  bank  ;  and  it  can- 
not Ixs  doubted  that  the  cxcrcif^e  of  its  jjowir. 
nnd  the  expenditure  of  its  money,  as  well  a.s  it^ 
efforts  to  spread  groundle»8  alarm,  will  be  nut 
and  rebuked  as  they  deser\e.  In  my  own  siijun 
of  duty,  I  should  feel  myself  called  on,  Jiy  t!ii 
facts  disclosed,  to  order  a  scire  farian  afiaiiM 
the  bank,  with  a  view  to  put  an  end  to  the  chur- 
tercd  rights  it  has  so  palpably  violated,  were  i; 
not  that  the  cliarter  itself  will  expire  as  soon  ii< 
a  decision  would  probably  be  obtained  from  thi 
court  of  last  resort. 

"  I  called  the  attention  of  Congress  to  tlii^ 
subject  in  my  last  annual  message,  and  informi'i 
them  tliat  such  measures  as  were  within  tht 
reach  of  the  Secretary  of  the  Treasury,  had  Ix'fii 
taken  to  ennble  him  to  judge  whether  the  pub- 
lie  deposits  in  the  Bank  of  the  United  Statis 
were  entirely  safe ;  but  that  as  his  single  po\v(.r< 
might  bo  inadequate  to  the  object,  I  recom- 
mended the  subject  to  Congress,  as  worthy  oi' 
their  serious  investigation:  declaring  it  as  mv 
opinion  that  an  inquiry  into  the  transactions  if 
that  institution,  embracing  the  branches  as  well 
as  the  principal  bank,  wns  called  for  by  the  cndi; 
which  was  given  throughout  the  country  t" 
many  serious  charges  impeaching  their  charade:, 
and  which,  if  true,  might  justly  excite  the  «])• 
prehension  that  they  were  no  longer  a  safe  de- 
pository for  the  public  money.  The  extent  to 
which  the  examination,  thus  recommended,  wn* 
gone  into,  is  spread  upon  your  journals,  and  I- 
too  well  known  to  require  to  be  stated.  Such 
as  was  made  resulted  in  a  report  from  a  major- 
ity of  the  Committee  of  Ways  and  Means,  touch- 
ing certain  specified  points  only,  concluding  with 
a  resolution  that  the  government  deposits  nii};lit 
safely  be  continued  iu  the  Bank  of  the  United 
States.  This  resolution  was  adopted  at  the  clos« 
of  the  session,  by  the  vote  of  a  majority  of  tin 
House  of  Representatives." 

The  message  concluded  with  renewing  the  re 
commendation,  which  the  President  had  annuallj 
made  since  his  first  election,  in  favor  of  to 
amending  the  constitution  in  the  article  of  tlic 
presidential  and  vice-presidential  eltctions,  a 
to  give  the  choice  of  the  two  first  officers  of  tk  I 
government  to  a  direct  vote  of  the  people,  ana 
'that  "  every  intermediate  agency  in  the  election 
of  those  oflScers  should  be  removed."    This  n- 
commendation,  like  all  which  preceded  it,  rcniait- 
ed  without  practical  results.     For  ten  years  | 
committees  had  reported  amendments,  and  mem- 
bers had  supported  them,  but  without  obtaiiiinj  I 
in  Congress  the  requisite  two  thirds  to  refer  the 
proposition  of  amendment  to  the  vote  of  t!i( 


ANNO  1883.     ANDREW  JACKSON,  I'RIi^IDENT. 


373 


roiiph  the  inrri'asel 
c  State  Imnks  )iav« 
I  public  <listivsH  has 
lie  hiink  ;  aiul  it  run- 
;xcrcipe  of  its  i)owtr. 
money,  as  well  as  u- 
18  alarm,  will  hv  nut 
>.  In  my  own  splnri 
ielf  called  on,  liy  t!i. 
scire  ftiriuM  aj;aiii>t 
lit  an  end  to  the  olmr- 
ably  violated,  wtri;  i; 
will  expire  ah  soon  n- 
be  obtained  froin  th. 

of  ConprcsB  to  tlii; 
message,  and  informi'l 
i  as  were  within  thf 
he  Treasnry,  had  Ixcii 
dpe  whether  the  pul). 
of  the  United  .Stall^ 
at  as  his  single  powii - 
the  object,  I  ncom- 
'ongress,  as  worthy  n.' 
1:  declaring  it  as  my 
ito  the  transactions  I  if 
T  the  branches  as  will 
i  called  for  by  the  cridii 
chout  tho  country  tn 
caching  their  character, 
t  justly  excite  the  up- 
|c  no  longer  a  safe  do- 
loney.  The  extent  to 
lius  recommended,  wu* 

your  journals,  and  i- 
re  to  be  stated.  Such 
a  report  from  a  major- 
^'ays  and  Means,  touch- 
s  only,  concluding  with 
;mment  deposits  mijiht 
e  Bank  of  the  Unitil 
ivas  adopted  at  the  close 

c  of  a  majority  of  the 


with  renewing  the  re 
President  hadannuallj 
ection,  in  favor  of  .>o 
n  in  the  article  of  the 
;sidential  elections,  !ii 
two  first  officers  of  the  | 
vote  of  the  people,  arni 
agency  in  the  electioc 
te  removed."    This  re- 
lich  preceded  it,  remain- 
jsults.     For  ten  years 
amendments,  and  mem- 
,  but  without  obtainim  I 
!  two  thirds  to  refer  the  | 
-nt  to  the  vote  of  the 


jiconlc.  Three  causes  rombine<l  always  to  pre- 1 
Tfnt  the  coneurn-nce  of  that  majority :  1.  The! 
rons^crvative  spirit  of  many,  who  are  unwilling,  ] 
under  any  circuniiitances.  to  touch  an  exi.sting  ' 
institution.  2.  The  enemies  of  popular  election.*;.  ■ 
who  deem  it  unsafe  to  lodge  the  high  power  of  I 
ilw  presidential  election,  directly  in  the  'jands  of  j 
tlie  people.  3.  The  intriguers,  who  wish  to 
manage  these  elections  for  their  own  benefit, 
and  have  no  means  of  doing  it  exci'pt  through 
the  agency  of  intermediate  bodies.  The  most 
potent  of  these  agencies,  and  the  one  in  fact 
which  controls  all  the  others,  is  the  one  of 
latest  and  most  spontaneous  growth,  culled 
•conventions  "—originally  ndoptetl  to  supersede 
the  caucus  system  of  nominations,  but  which 
retains  all  the  evils  of  that  system,  and  others 
iieculiar  to  itself.  They  are  still  attended  by 
members  of  Congress,  and  with  less  respoasi- 
hility  to  their  constituents  than  when  acting  in 
a  Congress  caucus.  A  large  proportion  of  the 
delegates  arc  either  self-appointed  or  so  intri- 
puingly  appointed,  and  by  such  small  numbers, 
as  to  constitute  a  burlesque  upon  popular  repre- 
sentation. Delegates  even  transfer  their  func- 
tions, and  make  proxies — a  prerogative  only  al- 
lowed to  peers  of  the  realm,  in  England,  in  their 
])arliamentary  voting,  because  they  are  legisla- 
tors in  their  own  right,  and  represent,  each  one, 
himself,  as  his  own  constituent  body,  and  owing 
responsibility  to  no  one.  They  meet  in  taverns, 
the  delegates  of  some  of  the  large  States,  at- 
tended by  one  or  two  thousand  backers,  sup- 
plied with  money,  and  making  all  the  public  ap- 
pliances of  feasting  and  speaking,  to  conciliate 
or  control  votes,  which  ample  means  and  deter- 
mined zeal  can  supply,  in  a  case  in  which  a  per- 
sonal benefit  is  expected.  Tho  minority  rules, 
that  is  to  say,  baffles  the  majority  until  it  yields, 
and  consents  to  a  "  compromise,"  accepting  for 
that  purpose  the  person  whom  the  minority  has 
held  in  reserve  for  that  purpose ;  and  this  mi- 
nority of  one  third,  which  governs  two  thirds, 
is  itself  usually  governed  by  a  few  managers. 
And  to  complete  the  exclusion  of  the  people  from 
all  efficient  control,  in  the  selection  of  a  presi- 
dential candidate,  an  interlocutory  committee 
is  generally  appointed  out  of  its  members  to 
act  from  one  convention  to  another — during  the 
whole  interval  of  four  years  between  their  period- 
ical assemblages — to  guide  and  conduct  the  pub- 


lic mind,  ii;  the  difTorcnt  Statro,  to  tin-  support  of 
the  iK'rxiin  fin  whuni  tlicy  liuve  siTiftly  a^'rl'^•d. 
After  the  nrmiination  is  over,  and  the  eli'i-titiu 
etlected,  liie  managers  in  these  nuniiuatiinis 
ojH'iily  reimir  to  the  new  I'nsident,  if  they  have 
been  successful,  and  demand  rewards  fnr  their 
labor,  in  the  sha|>e  of  ollices  for  them.selvcs  an<l 
connections.  This  is  the  way  that  presidential 
elections  are  now  made  in  the  United  States ; 
for,  a  party  nomination  is  an  election,  if  the 
party  is  ."(trong  enough  to  make  it ;  and,  if  one 
is  not,  the  other  is ;  for,  both  parties  act  alike, 
and  thus  the  mass  of  the  people  have  no  more 
part  in  selecting  the  person  who  is  to  be  their 
President  than  the  subjects  of  hereditary  mon- 
archs  have  in  begetting  the  child  who  is  to  rule 
over  them.  To  such  a  point  is  the  greatest  of 
our  elections  now  sunk  by  the  arts  of  "  interme- 
diate agencies  ; "  and  it  may  be  safely  a.ssunie(l, 
that  the  history  of  free  elective  governments 
afibrds  no  instance  of  such  an  abandonment,  on 
the  part  of  legal  voters,  of  their  great  constitu- 
tional privileges,  and  quiet  sinking  down  of  the 
millions  to  the  automaton  performance  of  deli- 
vering their  votes  as  the  few  have  directed. 


CHAPTER    XCII. 

I'.EMOVAL  OF  TIIK  DKPOS1T3  TKOM  THE  BANK 
OF  THii  UNITED  STATES. 

The  fact  of  this  removal  was  communicated  to 
Congress,  in  the  annual  message  of  the  Presi- 
dent ;  the  reasons  for  it,  aud  tho  mode  of  doing 
it,  were  reserved  for  a  separate  communication ; 
and  especially  a  report  from  the  Secretary  of 
the  Treasury,  to  whom  belonged  the  absolute 
right  of  the  removal,  without  assignment  of  any 
rea.sons  except  to  Congress,  after  the  act  was 
done.  The  order  for  the  removal,  as  it  was 
called — for  it  was  only  an  order  to  the  collectors 
of  revenue  to  cease  making  their  deposits  in 
that  bank,  leaving  the  amount  actually  iri  it,  to 
be  drawn  out  of  intervals,  and  in  diflerent  sums, 
according  to  the  course  at  the  government  <iis- 
bursements — was  issued  the  22d  of  September, 
and  signed  by  Roger  B.  Tajiuj',  Esij.,  the  new 
Secretary  of  the  Treasury,  appointed  in  place  of 
Mr.  Wm,  J.  Duane.  who,  refusing  to  make  the  to- 


■;»->■' 


■*.„. 

.}^->^" 

-■y-'-^:. 


I 

I     s 


1 1.', 

\ '  ^^       - 

'■■-?  ■■ 


1i:i.: 


%^:: 


c-U 


>U..\     4 


rt  -I  -X 


(■>    «•  iv«.</ 


^XX^-ZX' 


^■J 


374 


TIIIKTY  YKAIW  VIKW. 


■  t 


¥1^  i  i  ^1 1. 


I 


;  J 

^: 

:  "i 

1 

•1 

1 

'■1 

iiioviil,  ii|iiiii  tilt'  rt'f|Ut'Ht  of  tlic  I'rt'Hiilent,  was 
liiinsi'lf  rt'iiKivc'l.  This  inoasiire  (tlic  roiisin^r  to 
ilfjtosit  the  jmljlic  n.oiicyH  with  the  Itatik  of  tlu- 
Liiitcil  .States)  was  the  Prfsidi'iil's  own  inca- 
mirc,  conceived  by  liini,  carried  out  l>y  hitn,  de- 
fv'iided  by  him,  and  its  fate  dci)ondt'nt  iijion  him. 
lie  ha<l  coa<Ijutor.s  in  every  jiart  of  the  biiciness, 
but  tlie  measure  was  his  own ;  'iir  this  heroic 
civil  measure,  like  n  heroic  military  resolve,  had 
to  be  the  offsprins^  of  one  great  mind — self-act- 
ing and  poised — seeing;  its  way  through  all  diffi- 
culties and  dangers ;  and  discerning  ultimate 
triumph  over  all  obstacles  in  the  determination 
to  conquer  them,  or  to  perish.  Councils  arc 
good  fur  safety,  not  for  heroism — pood  for  es- 
capes from  perils,  and  for  retreats,  but  for  ac- 
tion, and  csiwcially  high  and  daring  action,  but 
one  mind  is  wanted.  The  removal  of  the  depo- 
sits was  an  act  of  that  kind — high  and  daring, 
and  reqtiiring  as  much  nerve  as  any  enterprise 
of  arms,  in  which  the  President  had  ever  been 
engaged.  Ilis  military  exploits  had  l>cen  of  his 
own  conception  ;  his  great  civil  acts  were  to  be 
the  same :  more  impeded  than  promoted  by 
councils.  And  thus  it  was  in  this  case.  The 
majority  of  his  cabinet  was  against  him.  His 
Secretary  of  the  Treasury  refused  to  execute 
his  will.  A  few  only — a  fraction  of  the  cabinet 
and  some  friends — concurred  heartily  in  the 
act :  5Ir.  Taney,  attorney  general,  Mr.  Kendall, 
Mr.  Francis  P.  Blair,  editor  of  the  Globe;  and 
Bome  few  others. 

He  took  his  measures  carefully  and  deliber- 
ately, and  with  duo  regard  to  keeping  himself 
demonstrably,  aa  well  as  actually  right.  Obser- 
Tation  had  onl}'  confirmed  his  opinion,  commu- 
nicated to  the  previous  Congress,  of  the  miscon- 
duct of  the  institution,  and  the  insecurity  of  the 
public  moneys  in  it :  and  the  almost  unanimous 
vote  of  the  House  of  Representatives  to  the 
contrarj',  made  no  impression  upon  his  strong 
conviction.  Denied  a  legislative  examination 
into  its  affairs,  he  determined  upon  an  executive 
one,  through  inquiries  put  to  the  government 
directors,  and  the  researches  into  the  state  of 
the  books,  which  the  Secretary  of  the  Trea- 
sury had  a  right  to  make.  Four  of  those  di- 
rectors, namely,  Jlessrs.  Henry  D.  Gilpin,  John 
T.  Sullivan,  Peter  Wager,  and  Hugh  SIcEldery, 
made  two  reports  to  the  President,  according  to 
the  duty  assigned  them,  in  which  they  showed 


great  misconduct  in  its  management,  and  a  pii;! 
|)i'rversion  of  its  fimdn  to  undue  and  i>ontiiT; 
purposes.  .Some  extracts  from  these  npurs 
will  show  tlie  nature  of  this  report,  the  nam.  < 
of  j)ersons  to  whom  money  was  paid  Ix'ingoinit. 
ted,  B.S  the  only  object,  in  making  the  extrn":, 
is  to  show  the  conduct  of  the  bank,  and  not  i. 
disturb  or  uflect  any  individuals. 

"  On  the  30th  November,  183n,  it  is  statod  nn 
the  minutes,  that '  the  jjri-sident  8ubinitt(  d  to 
the  Ijoaid  a  copy  of  an  article  on  banks  and  ctir- 
n-ncy,  just  published  in  the  .liiwricnii  (iitnrtirhi 
Jfpfiew  of  this  city,  containing  a  favorable  iv'- 
ticc  of  this  institution,  and  suggested  the  exfK- 
diency  of  making  the  views  of  the  author  nifire 
extensively  known  to  the  public  than  tluy  caj 
be  by  means  of  the  subscription  list.'  AViicr,'- 
npon,  it  was,  on  motion,  ^Itnsolced,  That  tl:' 
president  be  aiithorizcd  to  take  such  nieasnit-. 
in  regard  to  the  circulation  of  the  contents  ( i 
the  said  article,  either  in  whole  or  in  part,  as  ho 
may  deem  most  I'or  the  interests  of  the  lank.' 
On  the  11th  March,  1831,  it  again  appears  t.v 
the  minutes  that  'the  president  stated  to  tli; 
board,  that,  in  consefjuence  of  the  general  de- 
sire expressed  by  the  directors,  at  one  of  thiir 
meetings  of  the  List  year,  subsequent  to  the  a'!- 
journnicnt  of  Congress,  and  a  ve.'bal  understaiul. 
ingwith  the  boanl,  measures  had  been  taken  \<y 
him,  in  the  course  of  that  year,  for  furnishin.- 
numerous  copies  of  the  reports  ((f  General  .Smith 
and  Mr.  McDuffie  on  the  subject  of  this  hank, 
and  for  widely  dissemin.ating  their  contciils 
through  the  Lnited  States;  and  that  he  b.s 
since,  by  virtue  of  the  authority  given  him  bv 
a  resolution  of  this  board,  on  the  30th  day  ( f 
November  last,  caused  a  large  edition  of  Mr. 
Gallatin's  essay  on  banks  and  currency  to  U 
published  and  circulated,  in  like  manner,  at  t!,i 
exijcn-ee  of  the  bank.  He  suggested,  at  the  ."nni' 
time,  the  propriety  and  expediencj'of  extendiii;' 
still  more  widely  a  knowledge  of  the  concorn> 
of  this  institution,  by  means  of  the  republira- 
tion  of  other  valuable  articles,  which  had  issued 
from  the  daily  and  periodical  press.'  AVhcn- 
upon,  it  was,  on  motion,  '•  licsolved,  That  \\v 
president  is  liereby  authorized  to  cause  to  h 
prepared  and  circulated,  such  documents  ani 
papers  as  may  communicate  to  the  peojile  inlor- 
mation,  in  regard  to  the  nature  and  oi)eratioiis 
of  the  bank.' 

"  In  pursuance,  it  is  presumed,  of  thcFc  re?o- 
lutions,  the  item  of  stationary  and  printing  wa- 
increased,  during  the  first  half  year  of  l8ol.  to 
the  enormous  sum  of  ^29,970  92.  exceeding  that 
of  the  previous  half  year  by  ^23,000,  and  ex- 
ceeding the  semi-annual  expenditure  of  ISilti, 
upwards  of  $20,000.  The  expense  account  it- 
self, as  made  up  in  the  book  which  was  submit- 
ted to  us,  contained  very  little  information  ixla- 


ANNO  1883.     ANOFwrW  JACKS»">N.  TRt^IDF-NT. 


373 


tivc  to  the  particulnre  of  this  oxpt'ndituro,  and  nml  minority  n-port'*;  S'-'-''  f'T  fmirtiTH  tlio's 
ire  an' <>blij;t''l,  i'l  onltjr  to  obtain  'htm,  to  it-'  — '  -'  -  *•  ""  -  >'-  •  ■•  -  — .-..:.-  i  ..  i. 
sort  t"  1"  inspection  of  tlii'  vouch'  r.-i.  Ainonjr 
pihor  o'linSi  wno  one  of  S".^*"l.  s'ftti'd  to  have 
tifcn  paifl  "1  onlers  of  the  pre>'  icnt,  un<kT  the 
n^liilion  of  11th  March,  ly>l,  and  the  orders 
jIichl^lIvc.^  were  the  only  vouchers  of  the  expen- 
iliturc  which  we  found  on  file.  Some  of  the  or- 
ders, to  the  amount  of  ahoiit  SL^t'O.  stated  that 
the  expenditure  was  for  distributing  (Jeneral 
Smith's  anil  Mr.  McDuflie's  reports,  and  Mr. 
(iiillatin'.s  pamphlet ;  but  the  rest  stated  gene- 
rally that  it  was  made  under  tlie  resolution  of 
Uth  of  March,  ISHl.  There  were  also  numer- 
ous bills  and  receipts  for  expenditures  to  indi- 
vidual!*: jjll,30()  for  distributing;  Mr.  Gallatin's 
iiaraphlet;  Sl.^"5  TS  for  5,000  copies  of  General 
Smith's  and  Mr.  McDufiie's  reports,  Ac. ;  ^440 
for  11,000  extra  papers ;  of  the  American  iieii 


tinel,  Sll2i>  74  for  printing,  foldinp,  packinp,  and 
postage  on  3,000  extras ;  !tjl,8;i0  27  for  upwards 
of  50,000  copies  of  the  National  (Jazette,  and 
EUpplements  containing  addresses  to  members 
of  State  lepislaturea,  reviews  of  Mr.  Benton's 
Fpecch,  abstracts  of  Mr.  Gallatin's  article  from 
the  Ainericun  Qiiaiterly  Jteview,  and  editorial 
article  on  the  project  of  a  Treasury  Bank; 
Si  447  75  for  25,000  copies  of  the  reports  of 
Mr.  McDuffie  and  General  Smith,  and  for  25,000 
copies  of  the  address  to  members  of  the  State 
legislatures,  agreeably  to  order;  $2,850  for 
01,000  copies  of  'Gallatin  on  Banking,'  and 
2 000  copies  of  Professor  Tucker's  article. 

"  During  the  second  half  year  of  1831,  the 
item  of  stationery  and  printing  was  $13,224  87, 
of  which  $5,010  were  paid  on  orders  of  the 
president,  ana  stated  generally  to  be  under  the 
resolution  of  11th  March,  1831,  and  other  sums 
were  paid  to  individuals,  as  in  the  previous  ac- 
count, for  printing  and  distributing  documents. 

"During  the  first  half  year  of  1832,  the  item 
of  stationery  and  printing  was  $12,134  10,  of 
which  $2,150  was  stated  to  have  been  paid  on 
orders  of  the  president,  under  the  resolution  of 
11th  March,  1831.  There  are  also  various  in- 
dividual payments,  of  which  we  noticed  $100  38 
for  one  thousand  copies  of  the  review  of  Mr. 
Benton's  speech ;  $200  for  one  thousand  copies 
of  the  Saturday  Courier ;  $1,176  for  twenty 
thousand  copies  of  a  pamphlet  concerning  the 
bank,  and  six  thousand  copies  of  the  minority 
report  relative  to  the  bank;  $1,800  for  three 
hundred  copies  of  Clarke  &  Hall's  bank  book. 
During  the  last  half  year  of  1832,  the  item  of 
stationery  and  printing  rose  to  $26,543  72,  of 
which  $G,350  are  stated  to  have  been  paid  on 
orders  of  the  president,  under  the  resolution  of 
11th  March,  1831.  Among  the  specified  charges 
wc  observe  $821  78  for  printing  a  review  of  the 
veto ;  $1,371  04  for  four  thousand  copies  of  Mr. 
Ewing's  speech,  bank  documents,  and  review  of 
the  veto ;  $4,106  13  for  sixty-three  thousand 
copies  of  Mr.  Webster's  speech,  Mr.  Adams's 
and  Mr.  McDuffie's  reports,  and  the  majority 


snnil  extras  of  'i'/if  {'rutirtnr,  cfMitaiiiing  \niui 
docunK'nts ;  S'-,5!<3  50  for  jiriiitiii;;  iiml  di-Iri 
liutin^  refM>rt-',  Mr.  Web^-ter's  s|i«r<'b,  Ac. 
$150  12  for  prinlii.'r  the  fijierclics  of  .^^•.■i^^•■. 
Clay.  Kwiiiir.  imd  Smith,  and  .Mr.  Adams's  r^>- 
jiort ;  $1,512  75  to  .Mr.  ('lark,  for  )>rinting  Mr. 
Webster's  speech  and  articles  fin  the  veto,  iiii'l 
$2,422  (.5  fcir  tifty-two  thousand  live  huudrt d 
copies  of  Mr.  Webster's  sfK'ech.  There  is  also 
a  charge  of  .$1,040  paid  on  orders  of  the  pre-i- 
ilent.  stating  that  it  is  for  expenses  in  nicii-suMS 
for  protecting  the  bank  aguinst  a  run  on  the 
Western  branches. 

"During  the  first  half  year  of  18.":^  the  item 

of  stationery  and  printing  was  .$!>.()',)3  5!).  of 

which  $2.(i()0  are  stated  to  have  Ixen  paid  on 

orders  of  the  president,  under  the  resolution  of 

There  is  also  a  charge  of 

the  report  of  the  exchanj;!) 


1 1th  March,  18:n. 
$8(10  for  iirinting 
committee." 


Those  various  items,  amounting  to  about 
$80,000,  all  explain  them.selves  hy  their  names 
and  dates — every  name  of  an  item  referring  to 
a  political  purpose,  and  every  date  corrcsjxjiul- 
ing  with  the  impending  questions  of  the  re- 
charter  and  the  presidential  election ;  and  all 
charged  to  the  expense  account  of  the  bank — a 
head  of  account  limited,  by  the  nature  of  the 
institution,  so  far  as  printing  was  concerned,  to 
the  printing  necessary  for  the  conducting  of  its 
own  business ;  yet  in  the  whole  sum,  making 
the  total  of  $80,000,  there  is  not  an  item  of  that 
kind  included.  To  expose,  or  correct  these 
abuses,  the  government  directors  submitted  the 
following  resolution  to  the  board : 

"  Whereas,  it  appears  by  the  expense  account 
of  the  bank  for  the  ycar.s  1831  and  1832,  that 
upwards  of  $80,000  were  exijcnded  and  charged 
under  the  head  of  stationery  and  printing  dur- 
ing that  period ;  that  a  large  proportion  of  this 
sum  was  paid  to  the  proprietors  of  newspapers 
and  periodical  journals,  and  for  the  printing, 
distribution,  and  postage  of  immense  numbers 
of  pamphlets  and  newspapers ;  and  that  about 
$20,000  were  expended  under  the  resolutions 
of  30th  November,  1830,  and  11th  March,  IH.!!, 
without  any  account  of  the  manner  in  which, 
or  the  persons  to  whom,  they  were  disbursed  : 
and  whereas  it  is  expedient  and  proper  that  thy 
particulars  of  this  expenditure,  so  large  and 
unusual,  which  can  now  be  ascertained  only  by 
the  examinaton  of  numerous  bills  and  receipts, 
should  be  so  stated  as  to  be  readily  submitted 
to.  and  examined  by,  the  board  of  directors  and 
the  stockholders :  Therefore,  Jtesoived,  That  the 
cashier  furnish  to  the  boarfl,  at  as  early  a  day 
as  possible,  a  full  and  particular  statement  of 
all  these  expenditures,  designating  the  sums  of 


/i.v 


■"■  :/( 


'  'I' 
■  ■,'    t 


376 


THIRTY  YEARS*  VIEW. 


Ifel 


■Hm 


monry  paid  to  vsu-h  jicr-'on.  flic  (|ii!intity  an<l 
imnu-H  <»f  Uic  doctiiiu'iits  fiinii.'ihcd  liy  him,  ami 
his  ch(ir>rt's  for  thu  (listrihiilioii  uri'i  jiostjiixe  of 
tilt' KiiiiK.' ;  tiijrctJicT  with  us  full  u  t^tutiMiu'iit  a.s 
may  he  of  the  cxjK'ndilurt's  uikIlt  tlu'  ri-SDlu- 
tinns  of  'M>t\\  NoviinWr,  \H'M,  and  llth  March, 
18.'!l.  Thnt  he  nscTrfniii  wliethi-r  cxpcn<lit>iri'H 
of  the  sHiiK'  I'hnrncter  have  been  made  at  any  of 
the  oHices.  and  if  fo,  procure  Kimiinr  statementH 
tlicreof,  with  the  authority  on  which  they  were 
made.  'J'hat  the  said  resolutions  he  rescinded, 
and  no  further  expenditures  made  under  the 
same." 

Tills  resolution  was  rejected  by  the  board, 
and  in  place  of  it  another  was  adopted,  declar- 
ing pcifect  confidence  in  the  president  of  the 
bank,  and  directing  him  to  continue  his  exjwn- 
dlturcs  under  the  two  resolves  of  November 
and  March  according  to  his  dij^cretion ; — thiis 
continuing  to  him  the  power  of  irresponsible 
expenditure,  both  in  amount  and  object,  to 
any  extent  that  he  pleased.  Tlie  reports  also 
showed  that  the  government  directors  were 
treated  with  the  indignity  of  being  virtually 
excluded,  both  from  the  transactions  of  the 
bank,  and  the  knowledge  of  them ;  and  that 
the  charter  was  violated  to  effect  these  outrages. 
As  un  instance,  this  is  given  :  the  exchange 
committee  was  in  itself,  and  even  confined  to  its 
proper  duties,  that  of  buying  and  selling  ex- 
change, was  a  very  important  one,  having  the 
application  of  an  immense  amount  of  the  funds 
of  the  bank.  While  confined  to  its  proper  du- 
ties, it  was  changed  monthly,  and  the  directors 
served  upon  it  by  turns  ;  so  that  by  the  process 
of  rotation  and  speedy  renewal,  every  member 
of  the  directory  was  kept  well  informed  of  the 
transactions  of  this  committee,  and  had  their 
due  share  in  all  its  great  operations.  But  at 
this  time — (time  of  the  renewed  charter  and 
the  presidential  election) — both  the  duties  of 
the  committee,  and  its  mode  of  appointment 
were  altered  ;  discounting  of  notes  was  permit- 
ted to  it,  and  the  appointment  of  its  members 
was  invested  in  Mr.  Biddle ;  and  no  govern- 
ment director  was  henceforth  put  upon  it. 
Thus,  a  few  directors  made  the  loans  in  the 
committee's  room,  which  by  the  charter  could 
only  be  made  by  seven  directors  at  the  board ; 
and  the  government  directors,  far  from  having 
any  voice  in  these  excha,nge  loans,  were  igno- 
rant of  them  until  afterwards  found  on  the 
bcoks.    It  was  in  this  exchange  committee  that 


most  of  tlie  loans  to  members  of  Congri'Rs  wcp^ 
made,  and  under  whose  operations  the  greater 
losses  wire  eventually  incurred.  The  reiwrt  df 
the  four  directors  also  showed  other  pri'at  mi». 
conduct  on  the  part  of  the  bank,  one  of  which 
was  to  nearly  double  Its  discounts  at  the  n|^ 
proaching  termination  of  the  charter,  runnin;; 
them  up  in  less  than  a  year  and  a  half  from 
about  forty-two  and  a  half  to  about  seventy  nn'l 
a  half  millions  of  dollars.  General  Jackson  Wii< 
not  the  man  to  tolerate  these  illegalities,  cor- 
ruptions  and  indignities.  lie,  therefore,  deter- 
mined on  ceasing  to  use  the  institution  anv 
longer  as  a  place  of  deposit  for  the  public 
moneys  ;  and  accordingly  commimicated  his  in- 
tention to  the  cabinet,  all  of  whom  had  been 
requested  to  assist  him  in  his  deliberations  on 
the  subject.  The  major  part  of  them  disscntcfl 
from  his  design ;  whereupon  he  assembled  them 
on  the  22nd  of  September,  and  read  to  them  a 
paper,  of  which  the  following  arc  the  more  es- 
sential parts : 

"  Having  carefullj'  and  anxiously  considered 
all  the  facts  and  arguments  which  have  been 
submitted  to  him,  relative  to  h  removal  of  the 
public  deposits  from  the  Bank  of  the  United 
States,  the  President  deems  it  his  duty  to  com- 
municate in  this  manner  to  his  cabinet  the  final 
conclusions  of  his  own  mind,  and  the  reasons 
On  which  they  are  founded,  in  order  to  put 
them  in  durable  form,  and  to  prevent  miscon- 
ceptions. 

"  The  President's  convictions  of  the  dangeroui 
tendencies  of  the  Bank  of  the  United  States, 
since  signally  illustrated  by  its  own  acts,  weru 
so  overpowering  '.vhen  he  entered  on  the  duties 
of  chief  magistrate,  that  he  felt  it  his  duty,  not- 
withstanding the  objections  of  the  friends  by 
whom  he  was  surrounded,  to  avail  himself  of 
the  first  occasion  to  call  the  attention  of  Con- 
gress and  the  people  to  the  question  of  its  k- 
charter.  The  opinions  expressed  in  his  annual 
message  of  December,  1829,  were  reiterated  in 
those  of  December,  1830  and  1831,  and  in  that 
of  1830,  he  threw  out  for  consideration  some 
suggestions  in  relation  to  a  substitute.  At  the 
session  of  1831-'32  an  act  was  passed  liy  a  ma- 
jority of  both  Houses  of  Congress  recharteriuj; 
the  present  bank,  upon  which  the  President  felt 
it  his  duty  to  put  his  constitutional  veto.  In 
his  message,  returning  that  act,  he  repeated  and 
enlarged  upon  the  principles  and  views  brielly 
asserted  in  his  annual  messages,  declaring  the 
bank  to  be,  in  his  opinion,  both  inexpedient  and 
unconstitutional,  and  announcing  to  his  country- 
men, very  unequivocally,  his  firm  determination 
never  to  sanction,  by  his  approval,  the  continu- 


ANNO  lara     ANDRKW  JACKSON,  rRF>lI>KNT. 


377 


yn-c  nf  that         ■ution  or  llii"  establishment  of  , 
in\  dthiT  ui>.  n  r)»iiilar  principles. 

••TluToaro  ctronn  roasoim  for  U'liovin;:  that 
,f„i  motive  of  the  bank  in  askiiipfor  a  rechartiT 
Ht  tiiat  Hession  of  (Aonpn-ss.  was  to  make  it  a 
1, uliiiC  question  in  the  election  of  u  I'resiilcnt  of 
ilii.  Initeil  States  the  cnsuinp  Novemlwr.  and 
,11  (jti'ii!*  <Iccme(l  necessary  wen-  taken  to  pro- 
i-iiro  fmrn  the  ptKjple  a  reveisal  of  the  I'rosident's 
jLcision.  I 

-  Alllioiigh  the  charter  was  appronchin;;  its  ' 
ti  nninntion,  and  the  bank  wan  auuru  that  it  waM 
till'  intention  of  the  government  to  use  the  public 
deposit  as  fast  as  it  haa  accrued,  in  the  pay- 
mint  of  the  public  debt,  yet  did  it  extend  its 
loins  from  January,  1831.  to  Afav,  1832,  fW)m 
5;ii!.402.304  24  to  $70,428,070  72,'beinK  an  in- 
orcasc  of  !S;28,025,7(1G  48,  in  pixtcen  months. 
It  isconlidently  believed  that  the  leading  object 
if  this  iniraenso  extension  of  its  loans  was  to 
lii'iii;:  as  large  a  portion  of  the  people  as  possible 
iimliT  \\.»  power  and  inilucnce  ;  and  it  has  been 
(li?ck)?cd  that  some  of  the  largest  sums  were 
■ranted  on  very  unusual  terms  to  the  conductors 
ul'thc  public  press.  In  some  of  these  cases,  the 
motive  was  made  manifest  by  the  nominal  or 
in:-ufticicnt  security  taken  for  the  loans,  by  the 
urge  amounts  discounted,  by  the  extraordinary 
t me  allowed  for  payment,  and  especially  by  the 
Hibscqiiont  conduct  of  those  receiving  the  ac- 
commodations. 

•'Having  taken  these  preliminary  steps  to 
(ilitain  control  over  public  opinion,  the  bank 
fiimc  into  Congress  and  asked  a  new  charter. 
I'he  object  avowed  by  many  of  the  advocates  of 
the  bank,  was  to  jiut  the  President  to  the  lest, 
that  the  country  might  know  his  final  determina- 
tion relative  to  the  bank  prior  to  the  ensuing 
diction.  Many  documents  and  articles  were 
lirintcd  and  circulated  at  theexpense  of  the  bank, 
to  bring  the  people  to  a  favorable  decision  upon 
iti?  pretensions.  Those  whom  the  bank  appears 
to  have  made  its  debtors  for  the  special  occasion, 
were  warned  of  the  ruin  which  awaited  them, 
j^hould  the  President  be  sustained,  and  attempts 
I  were  made  to  alarm  the  whole  people  by  paint- 
ing the  depression  in  the  price  of  property  and 
I  poduce,  and  the  general  loss,  inconvenience,  and 
distress,  which  it  was  represented  would  imme- 
diately follow  the  re-election  of  the  President  in 
opposition  to  the  bank. 

"  Can  it  now  be  said  that  the  question  of  a 

rccharter  of  the  bank  was  not  decided  at  the 

ilection  which  ensued?     Had  the   veto  been 

equivocal,  or  had  it  not  covered  the  whole 

I  ground— if  it  had  merely  taken  exceptions  to 

I  the  details  of  the  bill,  or  to  the  time  of  its  passage 

-if  it  had  not  met  the  whole  ground  of  consti- 
Itutionality  and  expediency,  then  there  might 
I  have  been  some  plausibility  for  the  allegation 
I  that  ttie  question  was  not  decided  bv  the  people, 
lit  was  to  compel  the  President  to  take  his  stand, 
[that  the  question  was  b-.ought  forward  at  that 
*  narticular  time.  lie  met  the  challenge,  willingly 
ItuoK  uw  riosition  into  which  his  adversaries 


Bought  to  foreo  liini.  nml  fiviiiKly  iliclnrcd  his 
unaltemble  ojipnsitidii  totlic  \>;\\\  ii-  lKiiipli<itl> 
uncdustltutiiiaul  and  in<'\|>(  ilii  ll^  (in  tb.'<i 
ground  the  rase  whs  nrpicd  f<>  the  p<ii|ili'.  and 
now  that  the  jK-ople  have  su^taiiicil  ttio  l'rr>:- 
dent,  n<itwitlistandin;r  the  array  of  intliieiiccaiid 
power  wliieli  was  broujrht  to  bi'iir  iii'on  him,  it 
is  too  late,  he  confidently  thinks,  t  >  i-ny  that 
the  niu'stion  has  not  Ix-in  tleciilcl.  WImtcvi  r 
maybe  the  opitiions  of  others,  the  I'lisultnt  con- 
siders his  re-election  as  a  decision  of  the  iieopli' 
against  the  bank.  In  tho  roncluding  ])unigru|ih 
of  his  veto  message  he  said : 

"'  I  have  now  done  my  duty  to  my  country. 
If  sustained  by  my  fillow-eitizms,  I  shnll  Ite 
grateful  and  happy;  if  not,  I  sliall  find  in  the 
motives  which  iniiK-l  me,  ample  grounds  for  con- 
tentment and  peace.' 

"  He  wa.s  sustained  by  a  just  pcojile,  nu'l  he 
desires  to  evince  his  gratitude  by  carrying  iiitf)  ef- 
fect their  decision,  so  far  as  it  rlepeiuls  upon  him. 

"  Of  all  the  substitutes  for  the  present  bank, 
which  have  been  suggested,  none  seems  to  have 
united  any  considerable  portion  of  the  public  iii 
its  favor.  Most  of  them  are  liable  to  the  samo 
constitutional  objections  for  which  the  present 
bank  has  been  condemned,  and  perhaps  to  all 
there  are  strong  objections  on  the  score  of  ex- 
pediency. In  ridding  the  country  of  an  int;- 
spon.siblc  power  which  has  attempted  to  control 
the  government,  car'>  must  be  taken  not  to  unite 
the  same  power  with  the  executive  branch.  To 
give  a  President  the  control  over  the  currency 
and  the  power  over  individuals  now  possessed 
by  the  Bank  of  the  United  States,  even  with  the 
material  difference  that  ho  is  responsible  to  the 
people,  would  be  us  objectionable  and  as  danger- 
ous as  to  leave  it  as  it  is.  Neither  the  one  nor 
the  other  is  necessary,  and  therefore  ought  not 
to  be  resorted  to. 

"  But  in  the  conduct  of  the  bank  m,iv  be  found 
other  reasons,  very  imperative  in  their  character, 
and  which  require  prompt  action.  Developments 
have  been  made  from  time  to  time  of  its  faith- 
lessness as  a  public  agent,  its  misajiplication  of 
public  funds,  its  interference  in  elections,  its 
efforts,  by  the  machinery  of  coinniittecs,  to  de- 
prive the  government  directors  of  a  fidl  Inow- 
ledgo  of  its  concerns,  and  above  all,  its  fi^-grant 
misconduct  as  recently  and  unexi)ectedly  dis- 
closed, in  placing  all  the  funds  of  the  bank, 
including  the  money  of  the  government,  at  the 
disposition  of  the  president  of  the  bunk,  as  means 
of  operating  upon  public  opinion  and  procuring 
a  new  charter  without  requiring  him  to  render 
a  voucher  for  their  disbursement.  A  brief  reca- 
pitulation of  the  facts  which  justify  these  charges 
and  which  have  come  to  the  knowledge  of  the 
public  and  the  President,  will,  he  thinks,  remove 
every  reasonable  doubt  as  to  the  course  which 
it  is  now  the  duty  of  the  President  to  pursue. 

"  Wo  have  seen  that  in  sixteen  months,  ending 
in  May,  1832,  the  bank  hod  extended  its  loans 
more  than  ^28,000.000,  although  it  knew  the 
goTcmment  intended  to  appropriate  most  of  ita 


K^' 


■•  ■ .!' 


378 


TIIinTY  YEARS'  VIEW. 


SHSi  vt 


:ff 


I 


.4 


■,'ff 


!t 


I- 


larjtc  «l<'|>o«it  diirin;;  timt  vi-nr  in  pnymont  of 
till-  ]Mit.l<'  il.l.t.  It  w:n  in  Mny,  18:tl2,  thnt  itH 
lo.ms  iirrivt  (I  at  tJu'  iiiaxiiiiuiii.  im'l  in  the  pre- 
rcdiii^  Miirrli,  co  scnsililo  whm  the  hunk  thiit  it 
woiil'l  not  lie  iiMi!  to  \y,\y  over  thi-  piihlin  (l('|)<>Hit 
will  II  ii  wniild  lio  rt'iiuiroil  liy  thu  (rovi'mnii'nt, 
tliiit  it  coimiii'iuHMl  II  vc'crti  iii';:otiiition  witliont 
tlif  n|i])i'oli:itioii  or  ki  \vlc(l;:for  tlicfrovi'miiH'nt, 
with  the  ii^rcnts,  for  iihoiit  S-."'"M"*<>  of  the 
tliiv-c  i»ir  cent,  htocks  hiid  in  Holliind,  with  n 
vit;\v  of  indiiciiifc  them  not  to  roine  forward  for 
juiynicnt  (or  on<'  or  more  _v<'»r-<  nftcr  notife  nhoiiid 
l<i'  >:ivcn  liy  tin'  'I'rciiKiiry  Dcpartniciif.  Tiiis 
arranfri'mcnt  would  have  enu!)l(.'d  the  hank  to 
ki'i'p  and  ii>c'  diirinf;  that  time  the  piilihc  money 
Ft't  apart  for  tiie  |)ayint'nt  of  these  stocks. 

"AltlioML'h  the  charter  and  the  rules  of  the 
hank,  ])otii.  declare  that 'not  less  than  seven  di- 
rectors' shall  l>i(  necessary  to  the  tiansnction  of 
business,  yet.  the  most  important  business,  even 
that  of  f;raiitin;;  discounts  to  any  extent,  is  in- 
trnstetl  to  a  committee  of  flvc  members  who  Uo 
not  report  to  the  boanl. 

"  To  cut  oir  all  means  of  commnnication  with 
the  goveininent,  in  relation  to  its  most  important 
acts,  at  the  commencement  of  tlio  present  year, 
not  one  of  the  "lovernment  directors  was  placed 
on  any  one  committee.  And  althouph  since,  by 
an  unusual  rcmodellinp;  of  those  bodies,  some 
of  those  directors  have  been  placed  on  somo  of 
tho  conimiltees,  they  arc  yet  entirely  excluded 
from  the  conmiittee  of  exchnnjie,  through  wliich 
the  preatest  and  most  objectionable  loans  have 
been  made. 

••  When  the  povernmcnt  directors  made  an 
effort  to  briup  back  the  business  of  tho  bank 
to  the  l)oard,  in  obedience  to  tho  charter  and 
the  existing;  regulations,  the  board  not  only  over- 
ruled their  attempt,  but  altered  the  rule  so  as 
to  make  it  conform  to  the  practice,  in  direct  vio- 
lation of  one  of  tho  most  inlportant  provisions 
of  the  charter  which  gave  them  existence. 

"  It  has  long  been  known  that  the  president 
of  the  bank,  by  his  single  will,  originates  and 
executes  many  of  tho  most  important  measures 
connected  witli  the  management  and  credit  of 
the  bank,  and  that  the  committee,  as  well  as  the 
board  of  directors,  arc  left  in  entire  ignorance 
of  many  acts  done,  and  correspondence  carried 
on,  in  their  names,  and  apparently  under  their 
authority.  The  fact  has  been  recently  disclosed, 
that  an  unlimited  discretion  has  l)een,  and  is  now, 
vested  in  the  president  of  the  bank  to  expend 
its  funds  in  payment  for  preparing  and  circulat- 
ing articles,  and  purchasing  pamphlets  and  news- 
papers, calculated  by  their  contents  to  operate 
on  elections  and  secure  a  renewal  of  its  charter. 

"  AVith  these  facts  before  him,  in  an  official 
report  from  the  p;()vernment  directors,  the  Pre- 
sident would  feel  that  he  was  not  only  responsi- 
ble for  all  the  abuses  and  corruptions  tho  bank 
has  committed,  or  may  commit,  but  almost  an 
accomplice  in  a  conspiracy  against  that  govern- 
ment which  ho  has  sworn  honestly  to  administer. 
If  he  did  not  take  every  step,  within  liis  consti- 


tntionnl  and  letrtl 


likelv  to   Im 


power,  likely  to  I.C  efli,.|,.:,| 
in  putting  an  end  to  the»<'  rnomiiti*-*.  |f  .)  j, 
possible,  within  the  scojh?  df  hiiiiian  nllhirt  i„ 
•ind  a  reason  fur  remnviiip  the  Kovcriiinciit  ,|, . 
jKJsits,  and  leaving  the  bank  to  its  own  rc^nnr  |. 
for  the  means  of  elfcrtiii;.'  its  criminal  (leM;Ti- 
wo  have  it  hen*.  Was  Lt  expected,  whciitti. 
moneys  of  the  I'nited  Slates  weiv  directed  to  i„ 
placed  in  that  bank,  that  they  would  U-  ,„^ 
under  the  control  of  ont'  man,  empowcnd  i, 
■|ii>nd  millions  without  rendering  a  voikIkt i.r 
specifying  tho  object  ?  Can  they  b  •  consider,] 
safe,  with  the  evidence  l)efore  us  that  tens  i.f 
thousands  have  been  spent  for  highly  iinprotuT 
if  not  corrtipt,  ptirposcs,  and  that  tlie  same  mi- 
tivo  may  lead  to  tho  exjienditnro  of  hundnilj 
of  thousands  and  even  millions  more?  Anl 
can  we  justify  ourselves  to  the  people  by  loncir 
lending  to  it  the  money  and  power  of  the  goviri;. 
ment,  to  bo  employed  for  such  purposi-s  ? 

"  In  conclusion,  the  President  must  lj«j  per. 
mitted  to  remark  that  ho  looks  upon  the  i^M- 
ing  question  as  of  higher  consideration  tlinii  ti,i> 
mere  transfer  of  a  sum  of  money  from  one  Imiik 
to  another.  Its  decision  may  a'tlcct  the  charar- 
tcr  of  our  government  for  ages  to  come.  ShunM 
tho  bank  be  suffered  longer  to  tise  the  piihlic 
moneys,  in  the  accomplishment  of  its  jiurjiosis, 
with  the  proof  of  its  faithlessness  and  corrupt 
tion  before  our  eyes,  the  patriotic  among  oiir 
citizens  will  despair  of  success  in  strupglin;. 
against  its  power ;  and  we  shall  be  responsiljle 
for  entailing  it  upon  our  country  for  ever.  \icw 
ing  it  as  a  question  of  transcendent  important, 
both  in  the  principles  and  consequences  it  in- 
volves, tho  President  could  not,  injustice  to  the 
responsibility  which  he  owes  to  the  country. 
refrain  from  pressing  upon  tho  Secretary  of  tl',v 
Treasury  his  view  of  tho  considerations  whicli 
impel  to  immediate  action.  Upon  him  has  Ixin 
devolved,  by  the  constitution  and  the  suffraiKs 
of  the  American  people,  the  duty  of  sujicrir.- 
tending  the  operation  of  the  Executive  depai;- 
monts  of  the  governments,  and  .seeing  that  the 
laws  are  faithfully  executed.  In  the  jierfonn- 
ance  of  this  high  trust,  it  is  his  undoubted  right 
to  express  to  those  whom  the  laws  and  his  own 
choice  have  made  his  associates  in  the  admini.'- 
tration  of  the  government,  his  opinion  of  their 
duties,  under  circumstances,  as  they  ari^e.  It 
is  this  right  which  he  now  exercises.  Far  be  it 
from  him  to  expect  or  require  that  any  mem'jer 
of  tho  cabinet  should,  at  his  request,  order,  or 
dictation,  do  any  act  which  he  believes  unlaw- 
ful, or  in  his  conscience  condemns.  I  rom  them, 
and  fiom  his  fellow-citizens  in  general,  he  de^ 
sires  only  that  aid  and  support  which  their  rea- 
son approves  and  their  conscience  sanctions. 

"  The  President  again  repeats  that  he  begs  his 
cabinet  to  consider  the  proposed  measure  as  hii 
own,  in  the  support  of  which  ho  shall  require 
no  one  of  them  to  make  a  sacrifice  of  opinion  oi 
principle.  Its  responsil:?lity  has  been  assumed, 
after  the  most  mature  deliberation  and  refiec- 
i  tion,  OS  necessary  to  preserve  the  morals  of  the 


ANNO  ISSS.     ANKIIKW  JACKHiN.  PriJSII>F.NT. 


379 


«sip!r,  tlic  frwiom  of  the  pn-M.  tnH  the  piiritv 
„(•  itie  clci'Mvi'  frnnrhiM',  wilhrxit  whirh,  nil  will 
imtr  in  .".iviit^j  that  flu-  hlixxl  nnd  trra-nn'  rx- 
i.ri'ii''l  Ipv  our  fortTntluT*.  in  the  i'Ktii>>li«hinriit 
,.|' oiir  h.'ipF'V  "VHtotii  of  piviTnmcDt,  will  have 
K.'nvain  aii'l  fniitlt"*'',  rii'lcr  thc><c  ronvirtii>n», 
l„.  liiJH  timt  amenxiiro  ho  importiint  to  fhi-  Ainc- 
fioari  p^T'"  '■annot  Ui  roimncnrt'd  tan  kohh  ; 
and  hi',  tluTt'foro,  nanioH  tlio  llrHt  Any  of  OptoU-r 
inxt  Bs  a  piTKHl  proper  for  the  chnn(n'  of  Ihi' 
iliiositx,  or  poom-r,  proviilvd  tiu'  noocsHnry  ar- 
Niit^nicnts  with  the  Slate  banks  can  be  made." 

1  wan  in  the  State  of  Virginia,  when  tlie  O'tobe 
i;t'«-.-I>ni«.'r  arrived,  towards  the  end  of  Septcm- 
I,.  r,  brinpinR  this  "  paper,"  which  the  President 
liaJ  nad  to  \m  cabinet,  and  the  further  informa- 
ti)n  that  he  had  cariiod  his  announced  desi^i 
into  iftVct.     I  felt  an  emotion  of  the  moral  Bub- 
limt;  ut  beholding  such  an  instance  of  civic  hero- 
i-iii.    IK're  was  u  President,  not  bred  up  in  the 
pi^htical  profession,  taking  a  great  Btcp  upon  hia 
own  responsibility  from  which  many  of  hia  ad- 
visers shrunk ;  and  magnanimously,  in  the  act 
itstlf,  releasing  all  from  the  peril  that  ho  en- 
countered, and  boldly  taking  the  whole  upon 
himself.    I  say  peril ;   for  if  the  bank  should 
I  conquer,  there  was  an  end  to  the  political  pros- 
ic<ts  of  every  public  man  concurring  in  the  re- 
moval,   lie  believed  the  act  to  be  necessary ; 
nnd  believing  that,  ho  did  the  act — leaving  the 
consequences  to  God  and  the  country.    I  felt 
I  tiiat  a  great  blow  had  been  struck,  and  that  a 
Ipreat  contest  must  come  on,  which  could  only 
I  be  crowned  with  success  by  acting  up  to  the 
Ifpirit  with  which  it  had  commenced.    And  I 
I  repaired  to  Washington  at  the  approach  of  the 
iFession  with  a  full  determination  to  stand  by 
Itlie  President,  which  I  believed  to  be  standing 
|))y  the  country ;  and  to  do  my  part  in  justify- 
ling  his  conduct,  and  in  exposing  and  resisting 
Jtlie  powerful  combination  which  it  was  certain 
Ivrould  be  formed  against  him. 


CHAPTER     XCIII. 

WNK  PROCKEDINOS,  ON  8EKIN0  THE  DE>  ISION 
OK  TIIK  PKESIUENT,  IN  KELATION  TO  TUli  KE- 
MOVAL  OF  THE  DEPOSITS. 

IMMEDIATELY  OH  the  publication  in  the  Globe 

Y  the  "  Paper  read  to  the  Cabinet,"  the  bank 

ok  it  into  consideration  in  all  the  forms  of  a 


c<>-or<linato  l»o«ly.  It  «iininiMno<l  .•»  nic-ting  of 
thf  dinrtnrs— Bp|i<iiiiti'd  n  ciinnnillci — r>f  riid 
the  PreHidfiit's  '  l'a|i»r"  t'>  it — onlere  I  it  to  n- 
|iort — held  aiiullii'r  MU't'tinit  to  ncrixc  tiie  ri'- 
|)ort — ailoptt'd  it  (tlu'  govcriiiiunt  «lin.rtorH, 
(lilpin,  \Vii'/iT.  and  .Siillivnn  votin;:  ii;:iiiii.->t  it)— 
and  ordiTi'il  livi- thousand  copii ->  of  ilio  rrpipil 
to  \m!  printeil.  A  fi-w  ixtnict.H  Iroiu  tin-  report, 
entitled  a  .Memorial  to  ConuresH,  arc  lure  >;ivrii, 
for  the  pur|)os«>  of  (•bowing,  I'ir.it,  'llif  fciiijn  r 
and  Btyle  in  which  this  muiieyed  corporution, 
deriving  its  existi>nce  from  the  national  Con- 
gress, indulge<I  itself,  and  that  in  its  rorpomto 
capacity,  in  ppeaking  of  the  President  of  the 
United  States  and  his  cabinet  ;  and,  hr.rt,  to 
show  the  lead  whieh  it  gave  to  the  priK-eediniis 
which  were  to  Ik;  had  in  Congress.  Cnder  the 
first  head,  the  following  passages  are  given  : 

"The  committee  to  whom  wiisriTcrrcil  on  tlie 
24tli  of  September,  a  paper  signed  '.\iidrciv  Jack- 
son,' purportinsr  to  have  been  read  to  a  e,i))iiiet  on 
the  18th,  and  also  another  pajK-r  8i.:ned  '  II.  I). 
Gilpin,  John  T.  Sullivan,  Peter  Wager,  and  Hugh 
McEldcry,'  bearing  date  August  IVtli,  lM,;;j — 
with  instructions  to  consider  the  same,  nnd  re- 
port to  the  board 'whether  any,  and  what  stops 
may  bo  deemed  necessary  on  tlie  p.trt  of  the 
board  in  consequence  of  the  jiuMioation  of  said 
letter  and  report,'  beg  leave  to  state — 

•'To justify  this  measure  is  the  purpose  of  the 
paper  signed  '  Andrew  Jackson.'  <  >f  the  jjaper 
itself,  and  of  tho  individual  who  has  signed  it, 
the  committee  find  it  difficult  to  speak  with  tho 
plainness  by  which  alone  such  a  document,  from 
such  a  source,  should  bo  described,  without 
wounding  their  own  self-respect,  and  violating 
the  consideration  which  all  American  citizens 
must  feel  for  the  chief  magistracy  of  their  coun- 
try. Subduing,  however,  their  feelings  and  their 
language  down  to  that  respectful  tone  which  is 
due  to  the  office,  they  will  proceed  to  e.xaminu 
the  history  of  this  measure,  its  character  and 
the  pretexts  otfered  in  jialliation  of  it. 

"  1st.  It  would  ajjpear  from  its  contents  and 
from  other  sources  of  information,  that  the  Pre- 
sident had  a  meeting  of  what  is  called  the  cabi- 
net, on  Wednesday,  tho  18th  September,  and 
there  read  this  paper.  Finding  that  it  made  no 
impression  on  the  majority  of  persons  assembled, 
tho  subject  was  postponed,  and  in  the  mean  time 
this  document  was  put  into  the  newspapers.  It 
was  obviously  published  for  two  reasons.  Tho 
first  was  to  intluencc  the  members  of  tho  cabinet 
by  bringing  to  bear  upon  their  immediate  decis- 
ion the  first  public  impres.sion  excited  by  misre- 
presentations, which  the  objects  of  them  jould 
not  refute  in  time — the  second  was,  by  the  same 
excitement,  to  atlect  the  approaching  elections  in 
Pennsylvania.  Maryland  and  New  jersey.    Ita 


I    ,',1 


380 


THIRTY  YKAR8'  VIKW. 


.   It"':' 


I 


n'KiiiliiiitH  nr<>  uhnt  nrc  cnllifl  p<»liticiiin«  (i.  c, 
tlif  iiKhAilantM  of  the  Iwiik)." 

Siic'li  i-i  I  lie  frMii«T  ntifl  Hfyle  in  wliirli  tlio 
Prt-.-idciit  of  the  I'liitcfl  Stnti'H  m  niKikcn  of  )>y 
tliin  jrn-nt  nionp}f<l  corporntion,  in  iv  memorial 
ndilrcNsi'il  to  Cotifrn's-'.  Frcvtiinr  itself  into  a  ro- 
nriJiiiHlr  Ixxly,  nnil  assuming  in  itn  ortrpomtc 
nipurily  an  nntliority  over  the  PrpHiflrnt'H  act, 
it  fliK'.x  not  ivcti  condi'srond  to  call  him  I'ri'sidont. 
It  is  "  Andri'W  JiU'l<Kon,"  and  tlio  name  alwnvN 
jilaced  lictwooH'  invcrti'd  commas  to  mark  the 
lii;rh(T  di';:ric  of  roiitcmpt.  Then  the  corporation 
shrinks  frmi  rcmiirkin^  on  tlic  "paper"  itvolf, 
and  the  "  iiidivjihial"  wJio  sipncd  it,  as  a  thing 
injurious  to  their  own  self-respect,  and  only  to  Ik; 
done  in  consideration  of  the  "odlco"  which  he 
fills,  and  thiit  iiftcr  "subduing"  their  feelinps — 
anil  this  was  the  insolence  of  the  moneyed  power 
in  defeat,  when  its  champion  had  rccciveil  but 
forty-nine  votes  for  the  Presidency  out  of  two 
hundred  and  ei},'hty-cinht  pivon  in!  What 
would  it  have  been  in  victory  ?  The  lead  which 
it  gave  to  the  intended  proceedings  in  Congress, 
is  well  indicated  in  theso  two  paragraphs,  and 
the  specifications  under  them : 

"  The  indelicacy  of  the  form  of  those  proceed- 
ings corresponds  well  with  the  substance  of 
them,  which  is  equally  in  violation  of  the  rights 
of  the  bank  and  the  laws  of  the  country. 

"The  committee  willingly  leave  to  the  Con- 
gress of  the  United  States,  the  assertion  ii"lhoir 
own  constitutional  power,  and  the  vindioalion  of 
the  principles  of  our  government,  against  the  most 
violent  assault  they  have  ever  yet  encountei-cd  ; 
and  will  now  confine  themselves  to  the  more  limit- 
ed purpose  of  showing  that  the  reasons  assigned 
for  this  measure  are  as  unfounded  as  the  object 
itself  is  illegal." 

The  illegality  of  the  proceeding,  and  the  vin- 
di  ition  of  the  constitution,  and  the  principles 
of  the  government,  from  a  most  violent  assault, 
are  the  main  objects  left  by  the  bank  to  the  Con- 
press  ;  the  invalidity  of  the  reasons  assigned  for 
the  removal,  arc  more  limited,  and  lest  tb  Con- 
gress might  not  discover  these  violations  of  law 
and  constitution,  the  corporation  proceeds  to 
enumoi  vte  and  establish  them.    It  says : 

"Ccrdinlj'  since  the  foundation  of  this  gov- 
ernment. :>othii.g  has  ever  been  done  which 
more  decf 'y  \v<)undi5  the  sprit  of  our  free  insti- 
tutions, it.  "1  ii-rt,  r  •  olves  its';!'"  into  this— that 
whenever  ,'ie  iow-  .  rci?vribe  c«i-fcain  duties  to  an 
otTicer.  if  ihnt  crl,"'.;r,  acting  u  ^  J.er  the  sanctions 
of  bis  ciliciai  cu<li  and  his  private  character,  re- 


fiiwn  to  violate  that  law,  tlw  Pre«iii|pnt  of  t]^ 
I'niliMl   Stat*  ><   ntny  disiniKi   him   anil  nppi,,. 
another  ;  and  if  he  inn  Nh«>nld  prove  to  Ikmi  -t, 
fr.u'tory  ^ulMndnate,'  to  rontitnie  hii  ninn  ■, , 
until  he  at  lu-'  discovers  in  llii'd»so<ndiii'.' ., ,, 
of  ileirradatioii  -oine  irroiHtti.^ihle  iiiiliviiliml  i 
tft  Ik-  the  tool  of  his  designs.     I  .iluippilv,  f||, . 
are  never  wanting  m<n  who  will  think  n"  id  . 
sufxTiors  wifh  theiu  to  think — men  who  nj»r 
more  the  coni|Hris.ition  than  the  'hiiies  i;  i",  ,, 
olUce — nun    to  whom  dnily  hiijid  la  8ii|[lci(t| 
Consolation  for  daily  shame. 

''The  jircscnt  state  of  this  question  is  n  fi'-irf 
illustration  of  the  danger  of  it.     At  this  numuM 
the  whole  revenue  of  this  country  is  at  tlhi|, 
posal — the  absolute,  unconlrollid  (lispo«;i|_„f 
the  President  of  th»!  I'nited  States.     The  Im,, 
declare  that  the  public  funds  vhall  be  pliinili- 
thc  Bank  of  the  (■nite<l  States,  unlp.>-H  the  Sin,! 
tary  of  the  Treasury  forbids  it.     The  SecMar 
of  the  Treosurv  will  not  forbid  it     The  I'n,;. 
dent  dismisses  him,  and  apjioints  somelmdv  v.\, 
will.     So  the  laws  declare  that  no  money  v| 
be  drawn  from  t  he  Treasury,  except  o>  wilrn 
for  ajipropriutions  made  by  law.     If  tht  'i  . 
urcr  refuses  to  draw  his  warmnf  for  aii)  i  .. 
buraement,  the  President  may  d'  miss  hiinanl 
appoint  some  more  flexible  agent,  who  will  n^ : 
hesitate  to  gratify  his  patron.     The  text  is  int|„' 
official  gozette,  announcing  the  fate  of  tiie  ili- 
missed  Secretary  to  all  who  follow  liim.    'Tl„ 
agent  cannot  conscientiously  perform  the  scni . 
and  refuses  to  co-operate,  and  desires  to  r.  tn;a  I 
to  thwart  the  President's  measures.     To  put  a:, 
end  to  this  difBculty  between  the  head  ami  tit 
hands  of  the  executive  department,  the  coii.tititu- 
tion  arms  the  chief  magisti-nto  with  nuthnritr 
to   removo   the  refractory  subordinate.'     Tlj  | 
theory  thus  avowed,  and  the  recent  practice  u:, 
der  it,  convert  the  whole  free  institutions  of  ih*  I 
country  into  the  mere  absolute  will  of  a  ^insjic  I 
individual.    They  break  down  all  the  re.straiib | 
which  the  framers  of  the  government  hoptd  tlm 
had  imposed  on  arbitrary  power,  and  iiLiti 
the  whole  revenue  of  the  United  States  in  lul 
hands  of  the  President. 

"  For  it  is  manifest  that  this  removal  (if  tit  I 
deposits  is  not  made  by  the  order  of  the  Sccntarv  I 
of  the  Treasury.  It  is  a  perversion  of  lanpiage  •«  I 
to  describe  it.  On  the  contrary,  the  revcri*  is  I 
openly  avowed.  The  Secretary  of  the  Treasuryre-I 
fused  to  remove  I'm.  n.  V>.lieving,  as  his  pulliski'f 
letter  declares,  that  tliv.  fmoval  was'uniKw- 
sary,  unwise,  riinl'cti'c.  ('.'•V'tniry  and 
He  was  then  <  •  i  -^  •  .v  ise  he  woum  notre-l 
move  them,  and  uiiuiher  was  appointed  bccau-cl 
he  wor.ld  remove  them.  Now  this  is  a  paipalkl 
violation  of  the  charter.  The  bank  and  Congres  I 
agr  e  upon  certain  terms,  which  no  one  ca[ 
chAnge  but  a  particular  officer;  who,  althoniil 
necessarily  nominated  to  the  Senate  by  the  Pn-I 
eldent,  was  designated  by  the  bank  and  byCoD'l 
gress  as  the  umpire  between  them.  Both  Coi>| 
gress  and  the  bank  have  a  right  to  the  free  dl 
honest  and  impartial  judgment  of  that  olfioii,| 


A:«N0  I83S.     .\MtftF.W  JA«KS4>N,  I'ltFMUKNT. 


3Sl 


niotal  ">">'  '"j'"'*'  ''•  intt  r»'."«t« — lli«  ('orijrn'iiK, 
i„,„«.  tho  miiDvikt  i\^\  ttri'tlly  inruiii'i,"''' 
iiixl  (tmtn'Hit  tlii'ir  ('<iiiMiitii('ii(M.  In  thm  cm*;, 
tlnv  •'■'■  '!'!'riv«il  of  It  liy  tin-  iinlnwfiil  intrrfi't- 
,tHV"f  l'ni>i'l«'nt,  wlin  'ttM.<Hriifi«  Iht  n  »  .on- 
uliililv,  vkliich  U'iiin  inti'r|iritwl, iiiuttiiH,  II  iirp« 
,1,1,  |«')«ir  of  the  Sicn'turv. 

'•  fhc  whole  Htructuni  of  tliu  Tn-umirv  fhows 
il,;it  tlif  <li'(»i«n  of  Coiiprisn  \va»i  to  iiinkt'  I'lo 
.iiTiiiiry  fts  inili'p«'ii(li'iit  as  p<»i.HiliU>  of  ihi'  I'tx- 
fident.  Till!  otluT.SwTiturits  aro  iiuTfly  cxwu- 
i,n'  iilliciTH  J  hut  tho  Seen  tary  of  the  Trfa-siiry, 
ilic  (fiiiinlum  of  tlio  puhhc  nvfiiuu,  conu.s  into 
iii,ir«'  iiuiiii'<liat«  Hyini»rtthy  willi  the  iTprt'cfnta- 
tivt's  of  tlio  |)coulu  wlio  |)ay  tliat  rereniiu;  ami 
iiIiIkmi^Ii,  KforiliHR  to  tlio  K«'iHTal  Krht'ino  of  ap- 
imintiMi'iu,  r  I-  noiiiiiiatod  hy  the  President  to 
■  lie  ^1  r  ct  '  »•  i«  in  fiict  the  ofllct-r  of  Con- 
.,r».s,  11.  t,  lU'     ■'..  IT  of  tlio  I'residuiit. 

•Thii  imlepfcidenco  of  tho  Secretary  of  tho 
.,■,1  — ;!'  it  be  tnio  in  general — is  more 
r^iwciuily  true  ii' regard  to  tho  bank.  Itwa« 
i;i  I'iU't  tho  loadiit,.*  principle  in  or^anizin^;  the 
liaiili,  thnt  tho  l'rcc!'l"iit  should  bo  excluded 
Iron  I'll  c  introl  of  it.  Tho  (,uc8tion  which  most 
(liviilid  the  House  of  Represenlives  was,  whether 
tliLfc  rthould  bo  awy  govornnient  directors  at  all; 
iiiiti  nithough  thi  i  was  finally  adopted,  yet  its 
iindciicy  to  create  executive  influence  orer  tho 
liiiiik  was  qualilied  by  two  restrictions:  first, 
iliiit  no  more  than  three  directors  should  bo  ap- 
|iointeii  from  any  ono  State ;  and,  second,  that 
ihu  president  of  tho  bank  should  not  bo,  an  was 
oiipmiiUy  dosisned  by  the  Secretary  of  the 
I  ivasiiry,  chosen  from  among  the  government 
ilirt'ctors.  Accordingly,  by  tho  charter,  the 
Si'cret:iry  of  tho  Treasury  lu  every  thing — tho 
I'resid'jnt  comparatively  nothing.  The  Secretary 
iiutj  the  exclusive  supervision  of  all  tho  relations 
of  the  bank  with  the  government." 

These  extracts  are  sufficient  to  show  that  the 
corporation  charged  tho  President  with  illegal 
und  unconstitutional  conduct,  subversive  of  the 
principles  of  our  government,  and  dangerous  to 
our  liberties  in  causing  the  deposits  to  be  re- 
moved—that they  looked  upon  this  illegal,  un- 
constitutional, and  dangt^rous  conduct  as  the 
principal  wrong — and  left  to  Congress  tho  as- 
luriiuu  of  its  own  constitutional  power,  and  the 
vindication  of  the  principles  of  the  government 
from  the  assault  which  they  had  received.  And 
this  in  a  memorial  addressed  to  Congress,  of 
which  five  thousand  copies,  in  jminphlct  form, 
were  printed,  and  the  nwmbers  of  Congress 
liberally  supplied  with  copies  It  will  be  seen, 
when  we  come  to  thp  proocvilings  of  Congress, 
how  far  the  intimations  of  the  memorial  in 
fhowing  what  ought  to  he  done,  and  leaving 


!c'o 


ingrvM  to  du  it,  wm  coiii|)lti'«l  »ith  by  tlukt 
body. 


CHAI'TKU    XCIV. 

UKI'dltT  .  PffK  SKCRKTAftY  OiF  TflK.  TrtK.A^f  RT 
Ti)  C»iN(»KKSS  <t.V  TWK  UKWtiV.Vt.  tiK  TIIK  »♦»;- 
I'OfilTS, 

Bv  till-  claiiso  in  the  fhartiT  authi. fining  tlu> 
Secretary  of  tho  Triasury  t«»  nroovo  the  de- 
posits, that  ofllcer  was  rcc|iiir»'d  to  (-utniiuitf^'uto 
the  fact  immediately  to  CongreM),  if  '>  sesthioii, 
if  not,  at  tho  firnt  metling ;  together  with  his 
reasons  for  so  doing.  The  act  w\>m  li  had  Ixcn 
done  was  not  a  "removal,"  in  llu-  sins*'  <•(  that 
word  ;  for  not  a  dollar  wum  taken  rrum  the 
Hank  of  the  United  States  to  bf  dipo-itt  d  else- 
where ;  and  the  order  given  was  wx  (,  r  n  "re- 
moval," but  for  a  cessaiitm  of  d^  >>-its  m  that 
institution,  leaving  the  public  i  nm^s  wWwh 
were  in  it  to  be  drawn  out  in  thi'  ular  course 
of  expenditure.  An  immefliate  nd  total  re- 
moval might  have  been  well  jus  litd  by  tho 
misconduct  of  tho  bank;  a  ccs..>atii  '  to  deposit 
might  have  been  equally  well  jusli  o-A  on  the 
ground  of  the  approaching  expirai  n  of  tho 
charter,  and  tho  propriety  of  providii  .;  in  time 
for  tho  new  places  of  deposit  which  lh;ii  expira- 
tion would  render  necessary.  The  twi  reasons 
put  together  made  a  clear  case,  both  of  iustili- 
cation  and  of  propriety,  for  the  order  wh.eh  had 
been  given ;  and  tho  secretary,  Mr.  Tan.  ,  well 
set  them  forth  in  the  report  which  he  made, 
and  which  was  laid  before  Congress  on  the  day 
after  its  meeting.  The  following  ore  t.\  racts 
from  it: 

"The  Treasury  department  beiiu-  intrn-ted 
with  the  administration  of  the  iiniuicos  ot  tho 
country,  it  was  always  the  duty  of  tho  Seer  ta- 
ly,  in  the  absence  of  any  legislative  provision  on 
the  subject,  to  take  caro  that  the  public  money 
was  deposited  in  safe  keeping,  in  the  hands  of 
faithful  agents,  and  in  convenient  jihices,  ri-ady 
to  be  applied  according  to  the  wants  of  the  gov- 
ernment. The  law  incorporating  the  bank  has 
reserved  to  him,  in  its  full  extent,  the  power  ho 
before  possessed.  It  does  not  confer  on  him  a 
new  power,  but  reserves  to  him  his  former  au- 
thority, without  any  new  limitation.  The  obli- 
gation to  assign  the  reasons  for  his  direction  to 
deposit  the  money  of  tho  United  States  else- 
where, cannot  be  considered  as  a  restriction  of 


382 


raiRTY  YEARS'  VIEW. 


i  H 
I 


I' 


fc. 


itillj) 


j| 


the  power,  ticcaiisc  the  riftht  of  the  Secretary  to 
di'sijrnatc  the  place  of  (ic|X)8it  wii  -  always  neces- 
Karily  subject  to  the  control  of  C%)ngrcs8.  And 
OS  the  Sfcrt'tary  of  the  Treasury  pn'sidcs  over 
one  of  the  executive  departments  of  the  povcm- 
ment,  and  his  power  over  this  subject  forms  a 
part  of  the  executive  duties  of  his  office,  the 
manner  in  which  it  is  exercised  must  be  subject 
to  the  sufwrvision  of  the  officer  to  whom  the 
constitution  has  confided  the  whole  executive 
power,  and  has  required  to  take  care  that  the 
laws  be  faithfully  executed. 

"  The  faith  of  the  United  States  is,  however, 
pledged,  according  to  the  terms  of  the  section 
above  state<l,  that  the  public  money  shall  be  de- 
posite<l  in  this  bank,  unless  'the  Secretary  of 
the  Treasury  shall  othcrwino  order  and  direct.' 
And  as  this  agreement  has  been  entered  into  by 
Congress,  in  behalf  of  the  United  States,  the 

Iilace  of  deposit  could  not  be  changed  by  a 
egislativo  act,  without  disregarding  a  pledge, 
which  the  legislature  has  given ;  and  the  money 
of  the  United  States  must  therefore  continue  to 
be  deposited  in  the  bank,  until  the  last  hour  of 
its  existence,  unless  it  shall  be  otherwise  ordered 
by  the  authority  mentioned  in  the  charter.  The 
power  over  the  place  of  deposit  for  the  public 
money  would  seem  properly  to  belong  to  the 
legislative  department  of  the  government,  and  it 
is  difficult  to  imagine  why  the  authority  to  with- 
draw it  from  this  bank  was  confided  exclusively 
to  the  Executive.  But  the  terms  of  the  charter 
appear  to  be  too  plain  to  admit  of  question ;  and 
although  Congress  should  bo  satisfied  that  the 
public  money  was  not  safe  in  the  care  of  the 
bank,  or  should  be  convinced  that  the  interests 
of  the  people  of  the  United  States  imperiously 
demanded  the  removal,  yet  the  passage  of  a  law 
directing  it  to  be  done,  would  be  a  breach  of  the 
agreement  into  which  they  huve  entered. 

"  In  deciding  upon  the  course  which  it  was  my 
duty  to  pursue  in  relation  to  the  deposits,  I  did  not 
feel  myself  justified  in  anticipating  the  renewal 
of  the  charter  on  either  of  the  above-mentioned 
grounds.  It  is  very  evident  that  the  bank  has 
no  claim  to  renewal,  foimded  on  the  justice  of 
Congress.  For.  independently  of  the  many  seri- 
ous and  insurmountable  objections,  which  its 
own  conduct  has  furnished,  it  cannot  be  supposed 
that  the  grant  to  this  coiporation  of  exclusive 
privileges,  at  the  expense  of  the  rest  of  the  com- 
munity, for  twenty  years,  can  give  it  a  right  to 
demand  the  still  further  enjoyment  of  its  profit- 
able monopoly.  Neither  could  I  act  upon  the 
assumption  that  the  public  interest  required  the 
rechartor  of  the  bank,  because  I  am  firmly  per- 
suaded that  the  law  which  created  this  corpora- 
tion, in  many  of  its  provisions,  is  not  warranted 
by  the  constitution,  and  that  the  existence  of 
such  a  powerful  moneyed  monopoly,  is  danger- 
ous to  the  liberties  of  the  people,  and  to  the 
purity  of  our  political  institutions. 

"  The  manifestations  of  pub'.'c  opinion,  instead 
of  being  favorable  to  a  renewal,  have  been  decid- 
edly to  the  contrary.    And  I  have  always  regard- 


ed the  result  of  the  last  election  of  the  President 
of  the  United  States,  as  the  declaration  of  «  n;,. 
jority  of  the  people  that  the  charter  ought  not  i 
be  renewed.  It  is  not  necessary  to  state  hen 
what  is  now  a  matter  of  history.  The  (nustion 
of  the  renewal  of  the  charter  was  introducttl 
into  the  election  by  the  corporation  itselt.  [;< 
voluntary  application  to  Congress  for  the  rcniff. 
al  of  its  charter  four  years  before  it  expired,  anj 
upon  the  eve  of  the  election  of  President,  wa,s  im. 
derstood  on  ail  sides  as  bringing  forward  that 
question  for  incidental  decision,  at  the  then  oih 
proaching  election.  It  was  accordingly  arpudl 
on  both  sides,  before  the  tribunal  of  the  people. 
and  their  verdict  pronounced  against  the  bank! 
by  the  election  of  the  candidate  who  was  known 
to  have  been  always  inflexibly  opposed  to  it. 

"  The  monthly  statement  of  the  bank,  of  tlic 
2d  September  last,  before  referred  to,  shows  that 
the  notes  of  the  bank  and  its  branches,  then  in 
circulatk>n,  amounted  to  lS;18,413,287  07,  and 
that  its  discounts  amounted  to  the  sum  of 
SG2,653,359  59.  The  immcn.se  circulation  above 
stated,  pervading  every  part  of  the  United  State?, 
and  most  commonly  used  in  the  business  of  com- 
merce between  distant  places,  must  all  be  with- 
drawn from  circulation  when  the  charter  ex- 
pires. If  any  of  the  notes  then  remain  in  the 
hands  of  individuals,  remote  from  the  branches 
at  which  they  are  payable,  their  immediate  de- 
preciation will  subject  the  holders  to  certain  los?, 
Tho.se  payable  in  the  principal  commercial  cities 
would,  perhaps,  retain  nearly  their  nominal  val- 
ue ;  but  this  would  not  be  the  case  with  the  notes 
of  the  interior  branches,  remote  from  the  great 
marts  of  trade.  And  the  statements  of  the  bank 
will  show  that  a  great  part  of  its  circulation  is 
composed  of  notes  of  this  description.  The  bank 
would  seem  to  have  taken  pains  to  introduce  in- 
to common  use  such  a  description  of  paper  as  it 
could  depreciate,  or  raise  to  its  par  value,  as  best 
suited  its  own  views ;  and  it  is  of  the  first  impor- 
tance to  the  interests  of  the  public  that  tlic>e 
notes  should  all  be  taken  out  of  circulation,  be- 
fore they  depreciate  in  the  hands  of  the  individ- 
uals who  hold  them ;  and  they  ought  to  be  with- 
drawn gradually,  and  their  places  supplied,  a? 
they  retire,  by  the  currency  which  will  becomt; 
the  substitute  for  them.  How  long  will  it  re 
quire,  for  the  ordinary  operations  of  commerce, 
and  the  reduction  of  discounts  by  the  bank,  to 
withdraw  the  amount  of  circulation  before  men- 
tioned, without  giving  a  shock  to  the  currency, 
or  producing  a  distressing  pressure  on  the  coir- 
munity?  I  am  convinced  that  the  time  which 
.remained  for  the  charter  to  rim,  after  the  1st  of 
October  (the  day  on  which  the  first  order  for 
removal  took  effect),  was  not  more  than  was 
proper  to  accomplish  the  object  with  safety  to 
the  community. 

"  There  is,  however,  another  view  of  the  snb- 
jcct,  which  in  my  opinion,  made  it  impof?ibl« 
further  to  postpone  the  removal.  About  the  hi 
of  December,  18S2,  it  had  been  ascertained  that 
the  present  Chief  Magistrate  was  re-elected. 


AXXO  1833.    ANDREW  JACKSOX,  rRESIDEXT. 


:J83 


ijut  hit)  (li>oi.sion  af^tinst  the  bank  hud  thus  been  | 
wnrtioncd  by  the  |)c<>plc.  At  that  time  the  dis-  | 
loiinU  of  the  liank  ainuiintc<l  to  <J()l,571,ft25  tWl.  i 
Although  the  in^iie  which  the  bank  took  Bomuch 
lains  to  frame  ha<l  now  }>evn  tried,  and  the  de- 
cision pronounced  apainst  it,  yet  no  steps  were 
tilien  to  prepare  for  its  ap|)roachin(»  end.  On 
the  contrary,  it  proceeded  to  enlarpe  its  fliscountH. 
iind  on  the  2d  of  AuRast,  1833,  they  amounted 
\v  ,^(;4. 1(50,349  14,  bcinj;  an  increacie  of  more 
than  tno  and  a  half  millions  in  the  ei);ht  months 
immt'diiitely  following;  the  decision  against  them. 
And  80  fiir'from  prepnrin,!?  to  arranpo  its  all'aira 
with  a  view  to  wind  up  its  business,  it  seemed 
from  this  course  of  conduct,  to  bo  the  design 
nf  the  bank  to  put  itself  in  such  an  attitude, 
that,  at  tlio  clos<o  of  its  charter,  the  country 
would  be  cr,npelled  to  submit  to  its  renewal,  or 
to  bear  all  the  consequences  of  a  currency  sud- 
denly deranged,  and  also  a  severe  pressure  for  the 
immense  outstanding  claims  which  would  then 
be  due  to  the  corporation.  While  the  bank  was 
thus  proceeding  to  enlarge  its  discounts,  an  agent 
was  appointed  by  the  Secretary  of  the  Treasury 
to  inquire  upon  what  terms  the  State  banks 
would  undertake  to  perform  the  services  to  the 
government  which  have  heretofore  been  render- 
»1  by  the  Bank  of  the  United  States ;  and  also  to 
ascertain  their  condition  in  four  of  the  principal 
commercial  cities,  for  the  purpose  of  enabling  the 
department  to  judge  whether  they  would  be  safe 
and  convenient  depositories  for  the  public  money. 
It  was  deemed  necessary  that  suitable  fiscal 
agents  should  be  prepared  in  due  season,  and  it 
was  proper  that  time  should  bo  allowed  them  to 
make  arrangements  with  one  another  throughout 
the  country,  in  order  that  they  might  perform 
their  duties  in  concert,  and  in  a  manner  that 
would  be  convenient  and  acceptable  to  the  pub- 
1  lie.  It  was  essential  that  a  change  so  important 
in  its  character,  and  so  extensive  in  its  operation 
,  upon  the  financial  concerns  of  the  country, 
should  not  be  introduced  without  timely  prepara- 
I  tion. 

"The  United  States,  by  the  charter,  reserved 
'he  right  of  appointing  five  directors  of  the  bank. 
i  It  was  intended  by  this  means  not  only  to  pro- 
vide guardians  for  the  interests  of  the  public  in 
the  general  administration  of  its  affairs,  but  also 
I  to  have  faithful  officers,  whose  situation  would 
I  enable  them  to  become  intimately  acquainted 
I  with  all  the  transactions  of  the  institution,  and 
I  whose  duty  it  would  be  to  apprize  the  proper 
I  authorities  of  any  misconduct  on  the  part  of  the 
Icorporation  likely  to  affect  the  public  interest. 
■The  fourth  fundamental  article  of  the  constitu- 
Ition  of  the  corporation  declares  that  not  less 
■than  seven  directors  shall  constitute  a  board  for 
jtlie  transaction  of  business.    At  these  meetings 
Icf  the  board,  the  directors  on  the  part  of  the 
|lnited  States  had  of  course  a  right  to  be  pre- 
ent ;  and,  consequently,  if  the  business  of  the 
orporation  had  been  transacted  in  the  manner 
rhich  the  law  requires,  there  was  abundant  se- 
urity  that  nothing  could  be  done,  injuriously 


affecting  the  interests  of  the  |)oople,  without  be- 
ing immedi.ntoiy  communir.itt-d  to  the  public 
servant**,  uiio  were  authorized  to  ninily  the  re* 
mcfly.  And  if  the  corfmration  has  ci>  arnin!;i'(l 
its  concerns  as  to  conceal  from  the  public  direc 
tors  some  of  itF  most  imin^rtunt  o|H.-rutii>ns,  and 
has  thereby  destroyed  the  safegimrds  which 
were  designed  to  secure  the  interests  of  the 
United  States,  it  would  seem  to  be  very  clear 
that  it  has  forfeited  its  claim  to  conlldence,  and 
is  no  longer  worthy  of  trust. 

"Instead  of  a  boanl  constituted  df  at  least 
seven  directors,  according  to  the  eliarter,  nt 
which  those  appointed  by  the  United  States 
have  a  right  to  be  present,  many  'if  the  most 
important  money  transactions  of  the  bank  have 
l)een,  and  still  arc,  placed  under  the  control  of  a 
committee,  denominated  the  exchange  commit- 
tee, of  which  no  one  of  the  public  directors  has 
been  allowed  to  be  a  member  since  the  com- 
mencement of  the  present  year.  This  commit- 
tee "is  not  even  elected  by  the  boanl,  and  the 
public  directors  h.avc  no  voice  in  their  apiwint- 
ment.  They  are  chosen  bj'  the  president  of  tho 
bank,  and  the  business  of  the  institution,  which 
ought  to  be  decided  on  by  the  board  of  direc- 
tors, is,  in  many  instances,  transacted  by  this 
committee ;  and  no  one  had  a  right  to  l)e  pre- 
sent at  their  proceedings  but  the  president,  and 
those  w^hom  he  shall  please  to  name  as  members 
of  this  committee.  Thus,  loans  are  made,  un- 
known at  the  time  to  a  majority  of  the  board, 
and  paper  discotmted  which  might  probably  bo 
rejected  at  a  regular  meeting  of  the  directors. 
The  most  important  operations  of  the  bank  are 
sometimes  resolved  on  and  executed  by  this 
committee ;  and  its  measures  are,  it  appears, 
designedly,  and  by  regular  system,  so  arranged, 
as  to  conceal  from  the  officers  of  the  govern- 
ment transactions  in  which  the  public  interests 
are  deeply  involved.  And  this  fact  alone  fur- 
nishes evidence  too  strong  to  be  resisted,  that 
the  concealment  of  certain  important  operations 
of  the  corporation  from  the  officers  of  the  gov- 
ernment is  one  of  the  objects  which  is  intended 
to  be  accomplished  by  means  of  this  committee. 
The  plain  words  of  the  cliarter  are  violated,  in 
order  to  deprive  the  people  of  the  United  States 
of  one  of  the  principal  securities  which  the  law 
had  provided  to  guard  their  interests,  and  to 
render  more  safe  the  public  money  intrusted  to 
the  care  of  the  bank.  Would  any  individual 
of  ordinary  discretion  continue  his  money  in  tho 
handK  of  an  agent  who  violated  his  instructions 
for  the  purpose  of  hiding  from  him  the  manner 
in  which  he  was  conducting  the  business  confid- 
ed to  his  charge  ?  Would  ho  continue  his  prop- 
erty in  his  hands,  when  he  had  not  only  ascer- 
tained that  concealment  had  been  j)ractised  to- 
wards him,  but  when  the  agent  avowed  his  de- 
termination to  continue  in  the  same  course,  and 
to  withhold  from  him,  as  far  as  he  could,  all 
knowledge  of  the  manner  in  which  he  was  cm- 
ploj'ing  his  funds  ?  If  an  individii.al  would  not 
be  expected  to  continue  his  confiduiico  under 


i-(iji 


:58-i 


TillUTY  YKAIW  VIEW. 


Burh  circiiii, stances,  iijk,!!  what  principle  could  a 
(lilli'iviit  line  of  roiiduct  hi!  rriniirecl  from  the 
ofliccrs  of  tin.'  I'nitcil  Stiitcs,  rhargt'd  with  the 
care  of  tlic  )iiililic  intcrfsts  i  The  public  money 
is  Hurely  cntitlu  1  to  the  Kanic  care  and  i)rotec- 
tion  as  that  of  an  individual;  and  if  the  latter 
M'onld  he  hound,  in  justice  to  hin'self,  to  with- 
draw his  nioiiiy  fi-om  the  hands  of  an  apent 
thus  repirdli'ss  of  his  duty,  the  same  principle 
requires  that  tlie  money  of  the  United  Stales 
should,  under  the  like  circumstances,  be  with- 
drawn from  the  haudd  of  their  fiscal  agent. 

Ilaviui;  f^liown  ample  reasons  for  ceasing  to 
make  tlie  public  deposits  in  the  Bank  of  the 
United  .States,  and  that  it  was  done,  the  Secre- 
tary proceeds  to  the  n"\t  division  of  his  subject, 
naturally  resulting  from  his  Rdthority  to  re- 
move, Ihouzh  not  expressed  in  the  charter;  and 
that  was,  to  show  where  ho  had  ordered  them 
to  be  placed. 

"  The  propriety  of  removing  the  deposits  being 
thus  evident,  and  it  being  consequently  my  duty 
to  select  the  places  to  which  they  were  to  l>c 
removed,  it  became  necessary  that  arrangements 
should  be  immediately  made  with  the  new  de- 
positories of  the  public  money,  which  would  not 
only  render  it  safe,  but  would  at  the  same  time 
secure  to  the  government,  and  to  the  community 
at  large,  the  conveniencies  and  facilities  that 
were  intended  to  bo  obtained  by  incorpoiating 
the  Bank  of  the  United  States.  Measures  were 
accordingly  taken  for  that  purpose,  and  copies 
of  the  contracts  which  have  been  made  with  the 
selected  banks,  and  of  the  letters  of  instructions 
to  them  from  this  depar*,ment,  arc  herewith  sub- 
mitted. The  contracts  with  the  banks  in  the 
interior  are  not  precisely  the  same  with  those 
in  the  Atlantic  cities.  The  difference  between 
them  arises  from  the  nature  of  the  business 
transacted  by  the  banks  in  thesedifferent  places. 
The  Statu  banks  selected  are  all  institutions  of 
high  character  and  undoubted  strength,  and  are 
under  the  management  and  control  of  persons 
of  unquestioned  probity  and  intelligence.  And, 
in  order  to  insure  the  safety  of  the  public  money, 
each  of  them  is  required,  and  has  agreed,  to  give 
security  whenever  the  amount  of  the  deposit 
shall  exceed  the  half  of  the  amount  of  the  capital 
actually  paid  in ;  and  this  department  has  re- 
served to  itself  the  right  to  demand  security 
whenever  it  may  think  it  advisable,  although 
the  amount  on  deposit  may  not  be  equal  to  the 
sum  above  stated.  The  banks  selected  have  also 
severally  engaged  to  transmit  money  to  any 
point  at  which  it  may  be  required  by  the  direc- 
tion of  this  department  for  the  public  service, 
and  to  perform  all  the  services  to  the  government 
which  were  heretofore  rendered  by  the  Bank  of 
the  United  States.  And,  by  agreements  among 
themselves  to  honor  each  other's  notes  and 
drafts,  they  are  providing  a  general  currency  at 
least  OS  sound  as  that  of  the  Bank  of  the  United 


States,  and  will  afford  facilities  to  commeire  jnj 
in  the  busini-ssof  domestic  exchange,  quite  cnna, 
I  to  any  which  the  community  heretofore  tiij(iv(..i 
I  There  has  not  been  yet  sufticicnt  time  to  jKi'fu. 
these  arrangements,  l)ut  enough  has  alrciil, 
lK?en  done  to  show  that,  even  on  the  score  of  i-,\'- 
jKidiency,  a  Bank  of  the  United  States  is  nn; 
necessary,  cith'T  foi  the  fiscal  operations  of  tV 
government,  or  the  public  convenience ;  ani 
that  every  object  m  hich  the  charter  to  the  presi  i,t 
bank  was  designed  to  attain,  may  be  as  effeet ualh 
accomplished  by  the  State  banks.  And,  if  thu 
can  be  done,  nothing  that  is  useful  will  Ix'  Km 
or  endangered  by  the  change,  while  much  that 
is  desirable  will  l)e  gained  by  it.  For  no  oiit 
of  these  corporations  will  possess  that  ahsoluto 
and  almost  unlimited  dominion  over  the  propertr 
of  the  citizens  of  the  Unite<l  States  which  the 
present  bank  hoids,  and  which  enables  it  at  anv 
moment,  at  its  own  pleasure,  to  bring  distnA 
upon  any  portion  of  the  community  whenever  it 
may  deem  it  useful  to  its  interest  to  make  it? 
power  felt.  The  inlluenco  of  each  of  the  State 
banks  is  necessarily  limited  to  its  own  imnn- 
diate  neighborhood,  and  they  will  be  kept  i:i 
check  by  the  other  local  banks.  They  will  not 
therefore,  be  tempted  by  the  consciousness  of 
power  to  aspire  to  political  influence,  nor  likdj 
to  interfere  in  the  elections  of  the  public  servants 
They  will,  moreover,  be  managed  by  pers'ni,' 
who  reside  in  the  midst  of  the  people  who  are 
to  be  immediately  affected  by  their  moa-suns; 
and  they  cannot  be  insensible  or  indifferent  to  tha 
opinions  and  peculiar  interests  of  those  by  whom 
they  are  daily  surrounded,  and  with  whom  tliey 
are  constantly  associated.  These  circumstance 
always  furnish  strong  safeguards  against  an 
oppressive  exercise  of  power,  and  forcibly  n- 
commend  the  employment  of  State  banks  in  pn'- 
ference  to  a  Bank  of  the  United  States,  with  its 
numerous  and  distant  branches. 

"  In  the  selection,  therefore,  of  the  State  banks 
as  the  fiscal  agents  of  the  government,  no  disad- 
vantages appear  to  have  been  incurred  on  the  | 
score  of  safety  or  convenience,  or  the  general 
interests  of  the  country,  while  much  that  ii  i 
valuable  will  be  gained  by  the  change.  I  an, 
however,  well  aware  of  the  vast  power  of  tit 
Bank  of  the  United  States,  and  of  its  ability  t- 
bring  distress  and  suffering  on  the  countrj-. 
This  is  one  of  the  evils  of  chartering  a  banlc 
with  such  an  amount  of  capital,  with  the  riglit 
of  shooting  its  branches  into  every  part  of  tbe 
Union,  so  as  to  extend  its  influence  to  even 
neighborhood.  The  immense  loan  of  more  than 
twenty-eight  millions  of  dollars  suddenly  ponreij 
out,  chiefly  in  the  Western  States,  in  18;il.  and 
the  first  four  months  in  1832,  sufhcicntlyattei;;  | 
that  the  bank  is  sensible  of  the  power  whithi-s 
money  gives  it,  and  has  placed  itself  in  an  atti- 1 
tudo  to  make  the  people  of  the  United  Stal« 
feel  the  weight  of  its  resentment,  if  they  presum 
to  disappoint  the  wishes  of  tlie  corporation.  Dt 
a  severe  curtailment  it  has  already  made  it  pi'>| 
per  to  withdiiiw  a  portion  of  the  money  it  lnU 


ANNO  1833.     ANDIJKW  JACKSOX,  rKMslDKNT. 


385 


ies  to  commcn* ini 
xchango,  quiu-  iqna, 
Y  hcrutoforu tnjoyi'l. 
icient  time  to  ]*\i-<\ 
noiigh   has   iilrtMii. 
n  on  the  soon;  ofix- 
'iiited  States  is  ni-. 
cal  operatitms  of  iW 
J    convenience  ;  an  i 
;harlcr  to  the  jirtsi i.t 
may  be  as  effectually 
banks.    Ami,  if  tliu 
13  useful  will  Ix;  \(i>\ 
;c,  while  much  that 
by  it.    For  no  one 
possess  that  absolute 
lion  over  the  propirtv 
tc<l  States  which  tho 
hich  enables  it  at  any 
urc,  to  brinp!  disti\>s 
mmunity  whenever  it 
J  interest  to  make  its 
of  each  of  the  State 
jd  to  its  own  imnu- 
they  will  be  kept  in 
anks.    They  will  not. 
the  consciousness  of 
il  influence,  nor  likilv 
lofthepublicsenams. 
managed  by  person; 
jf  the  people  who  arc 
jd  by  their  moasuris, 
blc  or  indiflerciit  to  tk 
•ests  of  those  by  whom 
and  with  whom  tlicy 
These  circumstanw- 
safeguards   against  an 
jw^er,  and  forcibly  ^- 
.  of  State  banks  in  p^'• 
Jnited  States,  with  its 
inches. 

sforc,  of  the  State  bank! 
government,  no  disad- 
been  incurred  on  the 
mience,  or  the  pcmnl 
while  much  that  is 
by  the  change.    1  am, 
_,he  vast  power  of  tit 
ES,  and  of  its  ability  ti 
L'ring  on  the  countn-. 
of  chartering  a  bank 
capital,  with  the  right  | 
into  every  part  of  the 
its  influence  to  cvtrv 
lense  loan  of  more  than 
iollars  suddenly  pourel 
rn  States,  in  1831.  and  | 
1832,  sufliciently  attesii 
,  of  the  power  whidiiij 
placed  itself  in  an  aiti- 
lie  of  the  United  States 
ntment,  if  they  presuiw 
of  the  corporation,  m 
»as  already  made  it  pi'> 
)n  of  the  money  it  liuJ 


on  (U'I'0'*'t-  «'"'  transfer  it  to  the  cnstodv  of  the 
iiiw  h-^-al  agents,  in  order  to  shield  the  com- 
miinitv  from  the  injustice  ^>i  the  IJank  of  the 
rnitfi  States.  JWit  I  have  not  snp|K>sed  that 
the  course  of  the  government  oiiplit  to  lie  regu- 
lated by  the  fear  of  the  jjower  <>f  the  bank.  If 
Buch  a  motive  "ould  Ije  allowed  to  influence  the  | 
li-cislalion  of  Congress,  or  the  action  of  the  ex-  j 
ecutivc  departments  of  the  government,  there  is 
iin  end  to  tlie  sovereignty  of  the  pv'oplc ;  and  the  I 
liberties  of  the  country  are  at  once  surrendered 
lit  the  feet  of  a  moneyed  corporation.  They  may 
aow  doniand  the  jiossession  of  the  imblic  money, 
or  the  niiewal  of  the  charter  ;  and  if  these  o\>- 
jects  are  yielde<l  to  them  from  apprehensions 
of  their  power,  or  from  the  sullering  which  rapid 
curtailments  on  their  part  are  inflicting  on  the 
coniiniinity,  what  may  they  not  next  require  ? 
Will  submission  render  such  a  corporation  more 
forbearing  in  its  course  ?  What  law  may  it  not 
hereafter  demand,  that  it  will  not,  if  it  pleases, 
be  able  to  enforce  by  the  same  means  ?  " 

Thus  the  keeping  of  the  public  moneys  went 
to  the  local  banks,  the  system  of  an  independent 
treasury  being  not  then  established;  and  the 
notes  of  these  banks  necessarily  required  their 
notes  to  be  temporarily  used  in  the  federal 
payments,  the  gold  currency  not  being  at  that 
time  revived.    Upon  these  local  banks  the  fede- 
ral government  was  thrown— ^rs<,  for  the  safe 
keeping  of  its  public  moneys ;  secondly,  to  sup- 
ply the  place  of  the  nineteen  millions  of  bank 
notes  which  the  national  had  in  circulation; 
thirdly,  to  relieve  the  community  from  the 
pressure  which  the  Bank  of  the  United  States 
had  already  commenced  upon  it,  and  which,  it 
was  known,  was  to  be  pushed  to  the  ultimate 
point  of  oppression.    But  a  difficulty  was  ex- 
perienced in  obtaining  these  local  banks,  which 
would  be  incredible  without  understanding  the 
cause.    Instead  of  a  competition  among  them  to 
j  obtain  the  deposits,  there  was  holding  off,  and 
an  absolute  refusal  on  the  part  of  many.    Local 
banks  were  shy  of  receiving  them — shy  of  re- 
I  ceiving  the  greatest  possible  apparenc  benefit  to 
j  themselves— shy  of  receiving  the  aliment  upon 
[which  they  lived  and  grew!  and  why  this  so 
[creat  apparent  contradiction  ?    It  was  the  fear 
[of  the  Uank  of  the  United  States !  and  of  that 
Icapacity  to  destroy  them  to  which  Mr.  Biddle 
Ihad  testified  in  his  answers  to   the  Senate's 
Finance  Committee;   and  which  capacity  was 
pow  known  to  be  joined  to  the  will ;  for  the 
bank  placed  in  the  same  category  all  wi:o  should 
'  concerned  in  the  removal — both  the  govern- 
ncnt  that  ordered  it,  and  the  local  banks  which 
Vol.  I.— 25 


received  what  it  lost.  But  a  comjx'tcnt  numl>er 
were  found  ;  and  this  first  utt>'iii|>t  to  prt'w-iit  a 
n-nioval,  by  preventing  a  ixciption  of  llio  ile- 
])0>its  clscwluiv,  ■-■iitiii'ly  failed. 


CHAPTER     X  C  V . 

NOMIN.VTION  OI"  (iOVKI!N.MKNT  I)Il{KCTt)l:»,  A.NB 
TIIEIU  Ul>)ECTiON. 

Bv  the  charter  of  the  buuK,  the  government  wa.« 
entitled  to  five  directors,  to  be  nominate<l  an- 
nually by  the  President,  and  confirmctl  by  the 
Senate.  At  the  commencement  of  the  session 
of  18.j3-'34,  the  President  nominated  the  five, 
four  of  them  being  the  same  who  had  served 
during  the  current  year,  and  who  had  made  the 
report  on  which  the  order  for  the  removal  of  the 
deposits  was  chiefly  founded.  This  drew  upon 
them  the  resentment  of  the  bank,  and  caused 
them  to  receive  a  largo  share  of  reproach  and 
condemnation  in  the  report  which  the  committee 
of  the  bank  drew  up,  and  which  the  boai-d  of 
directors  adopted  and  published.  When  these 
nominations  came  into  the  Senate  it  was  soon 
perceived  that  there  was  to  be  opposition  to 
these  four ;  and  for  the  piirpose  of  testing  the 
truth  of  the  objections.  Wr.  Kane,  of  Illinois, 
submitted  the  following  resolution : 

"  Resolved,  That  the  nominations  of  II.  D. 
Gilpin,  John  T.  Sullivan,  Peter  Wager,  and 
Hugh  McEldery,  be  recommitted  to  the  Oom- 
mitte  on  Finance,  with  instructions  to  inquire 
into  their  several  qualifications  and  fitness  fur  the 
stations  to  which  they  have  l)een  nominated ; 
also  into  the  truth  of  all  charges  preferred  by 
them  against  the  board  of  directors  of  the  Bank 
of  the  United  States,  and  into  the  conduct  of 
each  of  the  said  nominees  during  the  time  he  may 
have  acted  as  director  of  the  said  bank ;  and  that 
the  said  nominees  have  notice  of  the  times  ana 
places  of  meetings  of  said  committee,  and  hav 
leave  to  attend  the  same." 

Which  was  immediately  rejected  by  the  fol- 
lowing vote : 

"  Yeas. — Messrs.  Benton,  Brown,  Forsyth, 
Grundy,  Hendricks,  Hill,  Kane,  King  of  Alaba- 
ma, Linn,  McKean,  Moor,  Morris,  Kives,  Robin- 
son, Shepley,  Tallmadge,  Tipton,  White,  Wil* 
kins,  Wrjght.— ^.  J     ' ' 

"  Nxfs.— Messrs.  Bell,  Bibb;  Black,  Calhoun, 
Chambers,  Clay,  Clayton,  Ewing,  Frelinghuyscn, 


..'■t 


386 


THIRTY  YKAHV  VIKW 


m^ 


11  111 


Kptit,  Kin?  of  (K-oryia,  Knijrht,  Mnnppira,  Naii- 
(Iftin,    I'oiiulcxtcr,    I'orUT,    I'rentiss.    |{i)hl)ins,  I 
SilHl>cf,  Smith,  Soiitliard,  S|)ra>rtic,  Swift,  Tom- 
linson,  Tyler,  Wafrgamaii,  Wil).siir. — 27. 

And  this  resolution  hiiu^  rejected,  requiring 
a  two-fold  cxftmination— one  into  the  character 
and  qualifications  of  the  nominees,  the  other  in- 
to the  truth  of  their  representations  against  the 
bank,  it  was  deemed  pr(ii)er  to  submit  another, 
limited  to  an  inquiry  into  the  character  and  fit- 
ness of  the  nominees ;  which  was  rejected  by  the 
same  vote.  Tlic  nominations  were  then  voted 
upon  separately,  and  each  of  the  four  was  reject- 
ed by  the  same  vote  which  applied  to  the  first 
one,  to  wit,  Mr.  Gilpin;  and  which  was  as  fol- 
lows : 

"  Yeas. — Messr.-^  Benton,  Black,  Brown,  For- 
syth, Grundy,  Hendricks,  Ilill,  Kane,  Kinp;  of 
Alabama,  Linn,  McKean,  Moore,  Morris,  Robin- 
son, Shepley,  Tallmadge,  Tipton,  Wliite,  Wil- 
kins,  AVright.— 20. 

'•  Nays. — Messrs.  Bell,  Bibb,  Calhoun,  Cham- 
bers, Clay.  Ewing,  Frelinghuysen,  Kent,  Knight, 
Mangum,  Naudain,  Poindextcr,  Porter,  Prentiss, 
Preston,  Bobbins,  Silsbce,  Smith,  Sprague,  Swift, 
Tomlinson,  Tyler,  Waggaman,  Webster. — 24. 

These  rejections  being  communicated  to  the 
President,  he  immediately  felt  that  it  presented 
a  new  case  forhisenergy  and  decision  of  conduct. 
The  whole  of  the  rejected  gentlemen  had  been 
confirmed  the  year  before — had  all  acted  as  di- 
rectors for  the  current  year — and  there  was  no 
complaint  against  them  except  from  the  Bank  of 
the  United  States;  and  that  limited  to  their 
conduct  in  giving  information  of  transactions  in 
the  bank  to  President  Jackson  at  his  written 
request.  Their  characters  and  fitness  were  above 
question.  That  was  admitted  by  the  Senate, 
both  by  its  previous  confirmation  for  the  same 
places,  and  its  present  refusal  to  inquire  into 
those  points.  The  information  which  they  had 
i»iven  to  the  President  had  been  copied  from  the 
books  of  the  bank,  and  the  transactions  which 
they  communicated  had  been  objected  to  by  them 
at  the  time  as  illegal  and  improper ;  and  its  truth, 
unimpeachable  in  itself,  was  unimpeached  by  the 
Senate  in  their  refusal  to  inquire  into  their  con- 
duct while  directors.  It  was  evident  then  that 
they  had  been  rejected  for  the  report  which  they 
made  to  the  President ;  and  this  brought  up  the 
/question,  whether  it  was  right  to  punish  them 
for  that  act?  and  whether  the  bank  should  have 
the  virtual  nomination  of  the  government  direc- 


tors by  causing  those  to  1m;  n'jectid  which  ^\\^ 
government  nominato<l  ?  and  liermittingnono*,) 
"cn-e  but  those  whose  conduct  should  bo  sulKir- 
diiiate  to  the  views  and  policy  of  the  bank  ! 
These  were  questions,  first,  for  the  Senate,  ati'l 
then  for  the  country ;  and  the  President  dctiT- 
mincd  to  bring  it  before  both  in  a  foininl  ims 
sage  of  re-nomination.  lie  acconlingly  sent  b.uk 
the  names  of  the  four  rejected  nominntions  in  a 
message  which  contained,  among  others,  these 
passages : 

"I  disclaim  all  pretention  of  right  on  the  part 
of  the  President  ollicially  to  inquire  into,  or  rail 
in  question,  the  reasons  of  the  Senate  for  icjict- 
ing  any  nomination  whatsoever.  As  the  Presi- 
dent is  not  responsible  to  them  for  the  reasons 
which  induce  him  to  make  a  nomination,  so  thiy 
are  not  responsible  to  him  for  the  reasons  wliich 
induce  them  to  reject  it.  In  these  resjx'cts,  each 
is  independent  of  the  other  and  both  responsible 
to  their  respective  constituents.  Nevertheless, 
the  attitude  in  which  certain  vital  interests  of  the 
country  are  placed  by  the  rejection  of  the  pen- 
tlemen  now  re-nominated  require  of  me,  frankly, 
to  communicate  my  views  of  the  conseqnencis 
which  must  necessarily  follow  this  act  of  tho 
Senate,  if  it  be  not  reconsidered. 

"  The  characters  and  standing  of  these  gentle. 
men  are  well  known  to  the  community,  anl 
eminently  qualify  them  for  the  offices  to  which 
I  propose  to  appoint  them.  Their  confirmation 
by  the  Senate  at  its  last  session  to  the  same  offi- 
ces is  proof  that  such  was  the  opinion  of  them 
entertained  by  the  Senate  at  that  time ;  and  un- 
less some  thing  has  occurred  since  to  change  it 
this  act  may  now  be  referred  to  as  evidence  that 
their  talents  and  pursuits  justified  their  selec- 
tion. 

"  The  refusal,  however,  to  confirm  their  nomi- 
nations to  the  same  offices,  shows  that  there  is 
something  in  the  conduct  of  these  gentlemen 
during  the  last  year  which,  in  the  opinion  of  the 
Senate,  disqualifies  them ;  and  as  no  charge  Lis 
been  made  against  them  as  men  or  citizens,  no- 
thing which  impeaches  the  fair  private  character 
they  possessed  v^hen  the  Senate  gave  them  their 
sanction  at  its  last  session,  and  as  it  moreover 
appears  from  the  journal  of  the  Senate  recently 
transmitted  for  my  inspection,  that  it  yas  deem- 
ed unnecessary  to  inquire  into  their  qualifications 
or  character,  it  is  to  be  inferred  that  the  chanje 
in  the  opinion  of  the  Senate  has  arisen  from  the 
official  conduct  of  these  gentlemen.  The  only 
circumstances  in  their  official  conduct  which 
have  been  deemed  of  sufficient  importance  to  at- 
tract public  attention  are  the  two  reports  made 
by  them  to  the  executive  departmentof  the  gov- 
ernment, the  one  bearing  date  the  22ddayof 
April,  and  the  other  the  19th  day  of  August  last; 
both  of  which  reports  were  communicated  to  th« 
Senate  by  the  Secretary  of  the  Treasury  will) 
his  reasons  for  removing  the  deposits. 


ANN(>  1833.     ANDREW  JACKSON,  PUESIDKNT. 


38^ 


-Th**  tnith  of  the  fuetsstntrd  in  these  report*. 
11  not,  1  prt'sume,  questioned  hy  i»ny  oiio.  ']"ho 
j,ii;li  (■haractcr  aiul  Htainiinu  of  the  citi7.<'ns  hy 
wti  >m  tbi-y  wore  inarlc  privi-nt  any  douht  ii|)on 
•hp  uiit>i«'<'t'  Inieefl  the  Btntementfl  hnve  not 
\^'n  (IcnitHl  by  the  president  of  the  bonk,  and 
the  other  directors.  On  the  contrary,  they  have 
insisted  that  they  were  authorized  to  use  the 
inonevof  the  bank  in  the  manner  stated  in  the 
two  reports,  and  have  not  denied  that  the  ciiarpes 
there  maile  again.st  the  corporation  are  substan- 
tiallv  tnic, 

•  it  must  be  taken,  therefore,  aa  admitted  that 
the  statements  of  the  pubhcdiri'ctors,  in  the  re- 
rort.s  above  mentioned,  are  correct :  and  they 
lisclosc  the  most  alarming  abuses  on  the  part 
of  tlie  corporation,  and  the  most  Btrenuous  ex- 
(Ttious  on  thfir  part  to  put  an  end  to  them. 
riii'V  prove  that  enormous  sums  were  secretly  \ 
lavished  in  a  manner,  and  for  purposes  that 
rannot  be  justified ;  and  that  the  whole  of  the 
immense  capital  of  the  bank  has  been  virtually 
placed  at  the  disposal  of  a  single  individual,  to  lie 
used,  if  he  thinks  proper,  to  corrupt  the  press, 
and  to  control  the  proceedings  of  the  government 
br  exercising  an  undue  influence  over  elections. 
"  •'  The  reports  were  made  in  obedience  to  my 
official   directions  ;    and  I  herewith    transmit 
w\)k3  of  my  letter  calling  for  information  of 
the  proceedings  of  the  bank.    Were  they  bound 
to  disrepard  the  call  ?    Was  it  their  duty  to  re- 
main silent  while  abuses  of  the  most  injurious 
and  dangerous  character  were  daily  practised  ? 
Were  they  bound  to  conceal  from  the  constitut- 
ed authorities  a  course  of  measures  destructive 
t)  the  best  interests  of  the  country,  and  intend- 
ed, gradually  and  secretly,  to  subvert  the  foun- 
I  dations  of  our  government,  and  to  transfer  its 
I  powers  from  the  hands  of  the  people  to  a  great 
I  moneyed  corporation?    Was  it  their  duty  to 
bit  in  silence  at  the  board,  and  witness  all  these 
[abuses  without  an  attempt  to  correct  them ;  or, 
■  in  ease  of  failure  there,  not  to  appeal  to  higher 
laiithority?    The  eighth  fundamental  rule  au- 
Ithorizes  any  one  of  the  directors,  whether  elect- 
led  or  appointed,  who  may  have  been  absent 
Iwhen  an  excess  of  debt  was  created,  or  who 
Imay  have  dissented  from  the  act,  to  exonerate 
Ihimsolf  fi-om  personal  responsibility  by  giving 
notice  of  the  fact  to  the  President  of  the  United 
[States ;  thus  recognizing  the  propriety  of  com- 
nmnicating  to  that  officer  the  proceedings  of  the 
board  in  such  cases.    But,  independently  of  any 
krfiument  to  be  derived  from  the  principle  re- 
Dgiiized  in  the  rule  referred  to,  I  cannot  doubt 
Kr  a  moment  that  it  is  the  right  and  the  duty 
M  every  director  at  the  board  to  attempt  to 
foriect  all  illegal  proceedings,  and  in  case  of 
jiiihire,  to  disclo.se  them ;  and  that  every  one  of 
lliem,  whether  elected  by  the  stockholders  or 
Appointed  by  the  government,  who  had  know- 
edge  of  the  facts,  and  concealed  them,  would  be 
[ustly  amenable  to  the  severest  censure. 

'"But,  in  the  case  of  the  public  directors,  it 
fas  their  peculiar  and  official  duty  to  make  the 


disclosuPM :  and  the  rail  u\\f<n  them  for  infor- 
mation could  not  have  Ikh'U  <li>r«'pinlt'<l  without 
a  flagrant  breach  of  th<'ir  l^l^*t.  'I'lu'  directcrs 
app')int<-<l  by  the  J'nited  .""^tat'-s  ciiiinot  Ik-  \i - 
pardefl  in  the  light  of  the  onlinnry  dircrtors  i.l' 
a  bank  appointed  by  the  sti>ckh<ildei-s,  nnl 
charged  with  the  care  (>(  their  jHcimiiir>'  in- 
terests in  the  corjH)ration.  They  haM'  lii;;h(r 
an<l  more  imjiortant  «luti(i.  They  are  jmM  c 
officers.  They  are  placed  nt  the  board  ih  i 
merely  to  represent  the  stix-k  lieM  by  the  I'ni- 
ted  States,  but  to  obser\'e  the  wnduct  of  tlie 
corporation,  and  to  watch  over  the  public  in- 
terests. It  was  foreseen  that  this  great  money- 
ed monopoly  might  be  so  nmnaged  as  t.>  endan- 
ger the  intert'sts  of  the  country;  and  it  «!i"* 
therefore  deemed  neccs.sary,  as  a  metisuiv  I'l' 
precaution,  to  place  at  tiie  board  wiitehfiil  stii- 
tinel.s,  who  should  observe  its  conduct,  and 
stand  ready  to  report  to  the  proper  officers  of 
the  goverment  every  act  of  the  board  whicli 
might  affect  injuriously  the  interests  of  the 
people. 

'•It  was,  perhaps,  scarcely  necessary  to  pre- 
sent to  the  Senate  these  views  of  the  powers  of 
the  Executive,  and  of  the  duties  of  the  live  di- 
rectors appointed  by  the  United  States.  But 
the  bank  is  believed  to  be  now  striving  to  ob- 
tain for  itself  the  government  of  the  country, 
and  is  seeking,  by  new  and  strained  construc- 
tions, to  wrest  from  the  hands  of  the  constituted 
authorities  the  salutary  control  reserved  by  the 
charter.  And  as  misrepresentation  is  one  of  its 
most  usual  weapons  of  attack,  I  have  deemed  it 
my  duty  to  put  before  the  Senate,  in  a  manner 
not  to  be  misunderstood,  the  principles  on  whieli 
I  have  acted. 

"Entertaining,  as  I  do,  a  solemn  conviction 
of  the  truth  of  these  principles,  I  must  adhere 
to  them,  and  act  upon  them,  with  constancy  and 
firmness. 

"  Aware,  as  I  now  am,  of  the  dangerous  ma- 
chinations of  the  bank,  it  is  more  than  ever  my 
duty  to  Imj  vigilant  in  guarding  the  rights  of  the 
people  from  the  impending  danger.  And  I 
should  feel  that  I  ought  to  forfeit  the  confi- 
dence with  which  my  countrymen  have  honored 
me,  if  I  did  not  require  regular  and  full  reports 
of  every  thing  in  the  proceedings  of  the  banlv 
calculated  to  affect  injuriously  the  public  in- 
terests, from  the  public  directors,  and  if  tlu;  di- 
rectors should  fail  to  give  the  information  called 
for,  it  would  be  my  imperious  duty  to  exercise 
the  power  conferred  on  me  by  the  law  of  remov- 
ing them  from  office,  and  of  appointing  others 
who  would  discharge  their  duties  with  n^ore 
fidelity  to  the  public.  I  can  never  suffer  any 
one  to  hold  office  under  me.  who  would  connive 
at  corruption,  or  who  should  fail  to  give  the 
alarm  when  he  saw  the  enemies  of  libt  rty  en- 
deavoring to  sap  the  foundations  of  our  free  in- 
stitutions, and  to  subject  the  free  people  of  the 
United  States  to  the  dominion  of  a  great  mon- 
eye«l  corporation, 

■'  Any  directors  of  the  bank,  therefore,  who 


4,; 


'i 


'   t 


388 


TIIIUTY  YKAUS'  VIEW. 


i% 


It 


nii^rht  ln'  nppoinU-d  l)y  tlie  povemnient.  would  I 
he  n(f|iiiri'd  t<>  rt'port  to  tho  Executive  an  fully  ! 
as  the  Into  directors  Imvc  done,  ond  more  fro-  j 
((iieiilly,  herause  the  diinpcr  is  more  iinniineiit ;  \ 
and  it  would  Itc  my  duty  lo  re(iuire  of  them  a  | 
full  dctjiil  of  every  part  of  the  proceedinps  of  | 
the  ciiriKiration,  or  any  of  its  oflicers.  in  order  i 
tli;it  I  ini(?ht  hu  enal)lc<l  to  decide  whether  I  | 
should  exercise  the  |)0\ver  of  onlerinp  a  scire  \ 
JiiriiiH,  which  is  resei-veil  to  the  I'resident  by  the 
charter,  or  adopt  such  other  lawful  measiires  ns  j 
the  interests  of  the  country  iiii;rht  require.     It 
i-i  loo  obvious  to  be  doubted,  that  the  miscon- 
duct of  the  corjioration  wotdd  never  have  l»een 
bi-oiight  to  li};ht  by  the  aid  of  a  public  procecd- 
iiijz;  ut  the  board  of  directors. 

'•  The  board,  when  called  on  by  the  povcrn- 
nient  directors,  refuse<l  to  iiistituto  an  inquiry 
or  re(|uire  an  accotint,  and  the  mode  adopted  by 
the  latter  was  the  only  one  by  which  the  ob- 
ject could  l>e  attained.  It  would  be  absurd  to 
admit  the  ripht  of  the  government  directors  to 
pivc  information,  and  at  the  game  time  deny  the 
means  of  obtaininn  it.  It  would  be  but  another 
mode  of  enabling  the  bank  to  conceal  its  procccd- 
iufts,  and  practice  with  impunity  its  corruptions. 
In  the  mode  of  obtaining  the  information,  there- 
fore, and  in  their  ell'orts  to  put  an  end  to  the 
abuses  discloserl,  as  well  as  in  reporting  them, 
the  conduct  of  the  late  directors  was  judicious 
and  praiseworthy,  and  the  honesty,  firmness, 
and  intelligence,  which  they  have  displayed, 
entitle  them,  iu  my  opinion,  to  the  gratitude  of 
tlie  country. 

'•  If  the  views  of  the  Senate  be  such  as  I  have 
supposed,  the  diflBculty  of  sending  to  the  Senate 
any  other  names  than  those  of  the  late  directors 
will  be  at  once  apparent.  I  cannot  consent  to 
jdace  before  the  Senate  the  name  of  any  one 
who  is  not  prepared,  with  firmness  and  honesty, 
to  discharge  the  duties  of  a  public  director  in 
the  manner  they  were  fulfilled  by  those  whom 
the  Senate  have  refused  to  confirm.  If,  for  per- 
forming a  duty  lawfully  required  of  them  by 
the  Executive,  they  are  to  be  punished  by  the 
subsequent  rejection  of  the  Senate,  it  would 
not  only  be  useless  but  cruel  to  place  men  of 
character  and  honor  in  that  situation,  if  even 
such  men  could  be  found  to  accept  it.  If  they 
failed  to  give  the  required  information,  or  to 
take  proper  measures  to  obtain  it,  they  would 
be  removed  by  the  Executive.  If  they  gave  the 
information,  and  took  proper  measures  to  ob- 
tain it,  they  would,  upon  the  next  nomination, 
be  rejected  by  the  Senate.  It  would  be  unjust 
in  me  to  place  any  other  citizens  in  the  predic- 
ament in  which  this  unlooked  for  decision  of 
the  Senate  has  placed  the  estimable  and  honor- 
able men  who  were  directors  during  the  last 
year. 

''  If  I  am  not  in  error  in  relation  to  the  prin- 
ciples upon  which  these  gentlemen  have  been 
njected,  the  necessary  consequence  will  be  that 
the  bank  will  hereafter  be  without  government 
directors  and  the  people  of  the  United  States 


must  be  deprived  of  their  chief  moans  uf  pr,^ 
tection  against  its  abuses;  for,  whatever  i..i,. 
flicting  ojiinions  may  exist  as  to  the  riflit  >  ( 
tlie  directors  appointed  in  January,  l^.;.',.  t 
hold  over  until  new  appointments  shall  bo  mm], 
it  is  very  obvious  that,  whilst  their  rejertiui 
by  the  Senate  remains  in  force,  they  canii,,| 
with  propriety,  attempt  to  exercise  snrh  a 
power.  In  the  present  state  of  things,  ttur.. 
fore,  the  corporation  will  be  enabled  etlecHialh 
to  accomplish  the  object  it  has  been  so  li,),,, 
endeavoring  to  attain.  Its  exchange  ccminu- 
tees,  and  its  delegated  powers  to  its  prei-iih  ni 
may  hereafter  be  dispensed  with,  without  ni. 
curring  the  danger  of  exposing  its  proceedini.-t 
to  the  public  view.  The  sentinels  which  ilj,. 
law  ha<l  placed  at  its  board  can  no  longer  ajipcai 
there. 

"Justice  to  myself  and  to  the  faithful  offi- 
cers  by  whom  the  public  has  been  so  well  ani 
so  honorably  served,  without  conipensuti(.n  (r 
reward,  during  the  last  year,  has  required  w 
me  this  full  and  frank  exposition  of  my  motives 
for  nominating  them  ngnin  after  their  rejectiMi 
by  the  Senate.  I  repeat,  that  I  do  not  question 
the  right  of  the  Senate  to  confirm  or  reject  at 
their  pleasure ;  and  if  there  had  been  any  na- 
son  to  suppose  that  the  rejection,  in  this  cii«(, 
had  not  been  produced  by  the  causes  to  whjdi 
I  have  attributed  it,  or  of  my  views  of  ttuir 
duties,  and  the  present  importance  of  their  ri;;iii 
performance,  were  other  than  they  are,  I  shouM 
have  cheerfully  acquiesced,  and  attempted  ti 
find  others  who  would  accept  the  unenviable 
ti-ust.  But  I  cannot  consent  to  appoint  direc- 
tors of  the  bank  to  be  the  subservient  instru- 
ments, or  silent  spectators,  of  its  abuses  ami 
corruptions ;  nor  can  I  ask  honorable  men  to 
undertake  the  thankless  duty,  with  the  certain 
prospect  of  being  rebuked  by  the  Senate  for  its 
faithful  performance,  in  pursuance  of  the  lawful 
directions  of  the  Executive." 

This  message  brought  up  the  question,  vir- 
tually. Which  was  the  nominating  power,  in  tlif 
case  of  the  government  directors  of  the  bank  ■ 
was  it  the  President  and  Seaate  ?  or  the  bank 
and  the  Senate?  for  it  was  evident  that  the 
four  now  nominated  were  rejected  to  gratity 
the  bank,  and  for  reasons  that  would  apply  to 
every  director  that  would  discharge  his  duties 
in  the  way  these  four  had  done — namely,  ai 
government  directors,  representing  its  stock, 
'guarding  its  interest,  and  acting  for  the  govern- 
ment in  all  cases  which  concerned  the  welfare 
of  an  institution  whose  notes  were  a  naticnal 
currency,  whose  coffers  were  the  depobitory  if 
the  pul:Iic  moneys,  and  in  which  it  had  a  direct 
interest  of  seven  millions  of  dollars  in  its  stock.  { 
It  brought  up  this  question :  and  if  negatived 
virtually  decided  that  the  nominating  pova  I 


ANNO  1833.     ANHRKW  JACKSON,  PRF-SIDKNT. 


380 


fhouM  fx?  in  the  liank ;  and  that  tho  povorn- 
niint  (lircctora  should  no  more  pivo  such  infur- 
iiiati'in  to  the  Prisidi-nt  as  theso  I'our  had  frivon. 
And  this  qiieHtion  it  wn«  detennincd  to  try,  und 
that  definitively,  in  the  perBons  of  these  four 
nominated  ilircctors,  with  the  dechired  detir- 
minntion  to  nominate  no  others  if  tliey  were 
njcctcd ;  and  so  leave  tho  jrovcmmcnt  without 
rppro!>i'ntation  in  tho  hank.  This  mcssapc  of 
rc-noniination  was  referred  to  the  Senate's  Com- 
mittee of  Finance,  of  which  Mr.  Tyler  was  chair- 
man, and  wlio  made  a  report  adverse  to  the  re- 
nominations,  and  in  favor  of  npain  rejecting  the 
nominees.  The  points  made  in  the  report  were, 
first,  t'le  absolute  right  of  the  Senate  to  reject 
nominations ;  secondly,  their  privilcfre  to  pive 
no  ^e.^snns  for  their  rejections  (which  the  Pre- 
tjiicnt  had  not  asked) ;  and,  fhirdli/,  against  the 
pencral  impolicy  of  making  re-nominations, 
while  admitting  both  the  right  and  the  practice 
in  cxtrordinary  occasions.  Some  extracts  will 
ehow  its  character :  thus : 

"The  President  disclaims,  indeed,  in  terms, 
all  right  to  inquire  into  the  reasons  of  the  Sen- 
iite  for  rejecting  any  nomination ;  and  yet  the 
message  immediately  undertakes  to  infer,  from 
fiic'ts  and  circumstances,  what  those  reasons, 
which  influenced  the  Senate  in  this  case,  must 
have  been ;  and  goes  on  to  argue,  much  at  largo, 
npiinst  the  validity  of  such  supposed  reasons. 
The  committee  arc  of  opinion  that,  if,  as  the 
President  admits,  he  cannot  inquire  into  the 
reasons  of  the  Senate  for  refusing  its  assent  to 
nominations,  it  is  still  more  clear  that  these 
reasons  cannot,  with  propriety,  be  assumed, 
and  made  subjects  of  comment. 

"In  cases  in  which  nominations  are  rejected 
for  reasons  affecting  the  character  of  the  per- 
sons nominated,  the  committee  think  that  no 
inference  is  to  be  drawn  except  what  the  vote 
shows ;  that  is  to  say,  tha  ■.  tho  Senate  with- 
holds its  advice  and  consent  from  the  nomina- 
tions. And  the  Senate,  not  being  bound  to 
pive  reasons  for  its  votes  in  these  cases,  it  is 
not  bound,  nor  would  it  be  proper  for  it,  as  the 
committee  think,  to  give  any  answer  to  remarks 
founded  on  the  presumption  of  what  such  rea- 
sons must  have  been  in  the  present  case.  They 
feel  themselves,  therefore,  compelled  to  forego 
any  response  whatever  to  the  message  of  the 
President,  in  this  particular,  as  well  by  the  rea- 
sons before  assigned,  as  out  of  respect  to  that 
high  officer. 

"  The  President  acts  upon  his  own  views  of 
public  policy,  in  making  nominations  to  the 
5^enate ;  and  the  Senate  does  no  more,  when  it 
confirms  or  rejects  such  nominations. 

"  For  either  of  these  co-ordinate  departments 
to  enter  into  the  couBidcration  of  the  motives 


of  tho  other,  woiild  not.  and  could  not.  fail,  in 
tho  «'nd,  to  break  tip  nil  hannonious  inttTronr«o 
iM'twjni  tboin.  'I'his  your  coujniitltH'  would 
dj'pioro  as  highly  iniuriou-'  to  the  U'st  intfrt'^is 
of  the  ronntry.  The  Proiijciit,  doubtlrs^.  a.Hk-< 
liim.«i'if,  in  tlio  ciisc  of  fviTV  notninatimi  l>>r 
oflico,  whothor  tho  jhtsou  In-  lit  for  the  otllcc  ; 
whether  ho  Ik-  actuated  liy  correct  vie««  niid 
motives;  and  whether  he  be  likely  to  ln'  mllii- 
ei\ced  by  thoso  eonriidenitious  which  sboiiM 
alone  govern  him  in  the  disehar-po  of  his  dutiiK 
— is  he  honest,  capable,  and  faithful  .'  Heing 
sati.sfiod  in  these  particiil;u>-,  the  President  sub- 
mits bin  name  to  tho  Senate,  when'  tho  same 
inquiries  arise,  and  its  derision  should  W  jire- 
sinned  to  bo  diotatod  by  the  same  high  consi- 
doratiors  as  those  which  govern  tho  I'rosideiit 
in  originating  tho  nomination. 

"  Fur  the.sc  reasons,  tho  committee  have  alto- 
gether refrained  from  entering  into  any  discus- 
sion of  the  legal  duties  and  obligations  of  diree- 
tors  of  tho  bank,  nj)pointod  by  tho  President 
and  Senate,  which  forms  tho  main  topic  of  tho 
message. 

•'The  committee  would  not  feel  that  it  had 
fully  acquitted  itself  of  its  obligations,  if  it  iliil 
not  avail  itself  of  this  occasion  to  cull  tho  at- 
tention of  the  Senate  to  the  general  subject  of 
ronomination. 

"The  committee  do  not  deny  that  a  right  of 
renomination  exists ;  but  they  are  of  opinion 
that,  in  very  clear  and  strong  cases  only  should 
the  Senate  reverse  decisions  which  it  has  delib- 
erately formed,  and  olHcially  communicated  to 
the  President. 

"  The  committee  perceive,  with  regret,  an  in- 
timation in  tho  message  that  tho  President  may 
not  see  fit  to  send  to  tho  Senate  tho  names  of 
any  other  persons  to  1)0  directors  of  the  bank, 
except  those  whose  nominations  have  been  al- 
ready rejected.  While  the  Senate  will  exercise 
its  own  rights  according  to  its  own  views  of  its 
duty,  it  will  leave  to  other  officers  of  the  go- 
vernment to  decide  for  themselves  on  the  man- 
ner they  will  perform  their  duties.  Tho  com- 
mittee know  no  reasons  wliy  these  offices  should 
not  be  filled ;  or  whj',  in  this  case,  no  further 
nomination  should  be  made,  after  the  Senate 
has  exorcised  its  unquestionable  right  of  reject- 
ing particular  persons  who  have  been  nomi- 
nated, any  more  than  in  other  cases.  Tho  Sen- 
ate will  be  ready  at  all  times  to  receive  and 
consider  any  such  nominations  as  the  President 
may  present  to  it. 

"  The  committee  recommend  that  the  Senate 
do  not  advise  and  consent  to  the  appointment 
of  the  persons  thus  renominated." 

While  these  proceedings  were  going  on  in 
the  Senate,  the  four  rejected  gentlemen  were 
paying  some  attention  to  their  own  case ;  and. 
in  a  "  memorial "  addressed  to  the  Senate  and 
to  the  House  of  Representatives,  answered  the 
charges  against  them  in  the  Directors'  Report, 


i'f'' 


■^^■'i' 


:i    I 


3Q0 


TIII!ITY  YI'AltS'  VIKW. 


<■  ^j;;; 

1 

1' 

^trT^S 

s, 

«-  • 

■    1 

»t' 

|...;. ., 

■I 


111?:^ 


ill  ll:Pv 

I  if 


urul  vinilicnttHl  tlii.'ir  own  conduct  in  pivin;;  the 
iiit'iimmlinii  which  the  Prcnidcnt  rcfiui'stcd — 
ri;iKsi'itf<l  the  truth  of  that  iiifomiaMon;  and 
(;:i\e  further  dctiiilfl  ujion  the  manner  in  wliich 
tliey  hud  lutii  8y«tinmtically  oxcliidcd  from  a 
|iarticipation  in  conducting  the  main  hunincHH 
<if  tlie  hank,  and  cveti  from  a  knowlcdj^e  of  what 
WHS  done.     They  said : 

'•  Selected  hy  the  President  and  Senate  a.>* 
pDvernnunt  directors  of  the  Hunk  of  tlie  United 
States  we  liave  endeavored,  (hirinp:  the  present 
year,  faitiifully  to  discharf;e  tlie  duties  of  tliat 
rts|)()nsihle  trust.  Api)ointed  witliout  solici- 
tation, derivin;;  from  the  oflice  no  emolument, 
we  have  lieen  ;;uidc(l  in  our  conduct  ))y  no  views 
li'it  a  <lelerniiiiation  to  m)hol<l,  f=o  far  as  was  in 
our  power,  tljose  principles  which  wc  Iwlicve 
iM'tiiated  the  peojile  of  the  United  States  in  es- 
talilisiiinfT  a  national  hank,  and  in  providing  by 
it-i  cliarter  that  they  should  be  represented  at 
the  hoard  of  directors.  We  have  rep.rde<l 
that  institution,  not  merely  us  a  source  of  profit 
to  individuals,  but  as  an  orjian  of  the  povern- 
imut,  established  by  the  nation  fur  its  own 
biiiefit.  We  have  regarded  ourselves,  not  as 
mere  agents  of  those  whose  fimds  have  been 
siibscrilied  towards  the  capital  of  the  bank,  but 
;.s  otticers  appointed  on  behalf  of  the  American 
peoj)le.  AVe  have  endeavored  to  govern  all  our 
(vtnduct  as  faithful  representatives  of  them. 
We  have  been  dcterre<l  from  this  by  no  pre- 
concerted s^'stem  to  deprive  us  o*'  our  rights, 
liy  no  impeachment  of  our  motives,  by  no  false 
views  of  policy,  by  no  course  of  management 
which  might  be  supposed  to  promote  the  inter- 
ests of  tliose  concerned  in  the  institution,  at 
tlie  danger  or  sacrifice  of  the  general  good. 
We  have  left  the  other  directors  to  govern 
themselves  as  they  may  think  best  for  the 
interests  of  those  by  whom  they  were  chosen. 
For  ourselves,  we  liave  been  detennined,  that 
where  any  ditferences  have  arisen,  involving  on 
the  one  hand  that  open  and  correct  course 
which  is  beneficial  to  the  whole  community, 
and,  on  the  other,  what  are  supposed  to  be  the 
interests  of  the  bank,  our  etforts  should  be 
steadily  directed  to  uphold  the  former,  our  re- 
monstrances against  the  latter  should  be  re- 
solute and  constant;  and,  when  they  proved 
miavailing,  our  appeal  should  be  made  to  those 
wlio  were  more  immediately  intrusted  with  the 
protection  of  the  public  welfare. 

'•  Id  pursuing  this  course  we  have  been  met 
by  an  organized  system  of  opposition,  on  the 
part  of  the  majority.  Our  etlbrts  have  been 
thwarted,  our  motives  and  actions  have  been 
misrepresented,  oar  rights  have  been  denied, 
and  the  limits  of  our  duties  have  been  gratu- 
itously pointed  out  to  us,  by  those  who  have 
Bought  to  curtail  them  to  meet  their  own  policy, 
not  that  which  we  believe  led  to  the  creation 
of  the  offices  we  hold.    Asserting  that  injury 


I  Hbh  Ikh'U  «lone  to  them  by  the  late  mramin  (,f 
the  Secretary  of  tlie  Treasury,  in  reniovint'  tli 
public dep<»sils, an  «'iaborate  htatement  has  Ion 
I)repariMl  and  m  idely  circidated ;  nnd  tnl<it  ^. 
that  M  their  basis,  it  has  Inen  resolverl  by  j)„. 
majority  to  present  a  memorial  to  the  sinnti- 
an(i  U(juse  of  Kejiresentatives.  We  have  nut 
and  do  not  interfere  in  the  controveif<y  whiii, 
exists  between  the  mojority  of  the  bonrj  aii.i 
the  executive  dej)artment  of  the  governincnt  ■, 
but  unjustly  assailed  us  we  have  been  in  tin. 
statement  to  which  we  have  referred,  wo  re- 
spectfully  claim  the  same  right  of  subinittin!; 
our  conduct  to  the  same  tril)unal.  and  askiiii; 
of  the  assembled  representatives  of  the  Aim  n- 
can  people  that  impartial  hearing,  and  that  fair 
protection,  which  all  their  officers  and  ni; 
citizens  have  a  right  to  demand.  We  slmll 
endeavor  to  present  the  view  wc  have  taken  (,i' 
the  relation  in  which  we  arc  placed,  as  wdl 
towards  the  institution  in  question  as  towardj 
the  government  and  people  of  the  United  Statis. 
to  prove  that  from  the  moment  we  took  <iiir 
seats  among  the  directors  of  the  bank,  wehaw' 
been  the  objects  of  a  systematic  opposition; 
our  rights  trampled  upon,  our  just  intcifir- 
ence  j)rcventeil,and  our  offices  rendered  utterly 
useless,  for  all  the  purposes  required  by  tliv 
charter;  and  to  show  lliat  the  statements  I y 
the  majority  of  the  board,  in  the  document  {» 
which  we  refer,  convey  an  account  of  their  jr'- 
ceedings  and  conduct  altogether  illusory  aiij 
incorrect." 

The  four  gentlemen  then  state  their  opinions 
of  their  rights,  and  their  duties,  as  government 
directors — that  they  were  devised  as  instru- 
ments for  the  attainment  of  public  objects- 
that  they  were  public  directors,  not  elected  liv 
stockholders,  but  appointed  by  the  Prcsidini 
and  Senate — that  their  duties  were  not  merely 
to  represent  a  moneyed  interest  and  promote 
the  largest  dividend  for  stockholders,  but  also 
to  guard  all  the  public  and  political  interest  of 
the  government  i.i  an  institution  so  largely  | 
sharing  its  support  and  so  deeply  interested  in 
its  safe  and  honorable  management.  And  iji 
support  of  this  opinion  of  their  duties  tliey 
quoted  the  authority  of  Gen.  Hamilton,  founder 
of  the  first  bank  of  the  United  States ;  and  that 
of  ilr.  Alexander  Dallas,  founder  of  the  sccoml 
and  present  bank  ;  showing  that  each  of  tliem,  | 
and  at  the  time  of  establishing  the  two  bai 
respectively,  considered  the  government  direo  I 
tors  as  public  officers,  bound  to  watch  over  tlie 
operations  of  the  bank,  to  oppose  all  malpno 
tices,  and  to  report  tliem  to  the  goveinmeDt 
whenever  they  occurred.  And  they  thus  quoted  | 
the  opinions  of  those  two  gentlemen : 


ANXO  18S3.    ANDREW  JArKSr>X,  ri{r>Il»F.NT. 


391 


uorinl  to  the  Scnati' 


III  tlx-  al»'1irat<<l  repdrt  of  Alcxnndi-r  Ila- 
liiillHi),  in  IT'.M),  thnt  iiniiu'nt  stutisiiKin  ami 
linaiiikr.  Jkltlioiinh  then  iiiiiiicssi'd  with  a  |iir- 
fiia-inii  tliiit  the  Rovornint-iit  of  the  omntiy 
ini^lit  ^vcll  leave  the  mann^-nient  of  n  nntiuiml 
lank  to  '  tl'*-'  keen,  steady,  and,  as  if  ^^  .re,  ninjr- 
intic  i-ciisu  of  their  own  interest,'  exii^tiu); 
iiiiiiiiii;  t''^'  I'rivate  stockholderH,  yet  holds  the 
fullowin)!  reinarkablu  and  |)re);nant  lun^^in^e : 
ll'tiie  paper  uf  a  bank  is  pi<nnitted  to  iiminii- 
ate  it-elf  ii'to  all  the  ruveinies  an«l  receipts  of  a 
cmmtry ;  if  it  is  oven  to  Iks  tolerated  aa  the 
riilistitiite  for  gold  and  silver,  in  all  the  trans- 
ftotiiiii'*  "1'  business  ;  it  becomes,  in  either  view, 
miuiioiial  concern  of  the  first  ina^jnitude.  As 
siiili,  the  ordinary  rnles  of  prudence  req\iire 
that  the  f;ovcninient  should  possess  the  means 
of  ascertaining,  whenever  it  thinks  fit,  that  so 
(Itlicate  a  trust  is  executed  with  fidelity  and 
care,  A  right  of  this  nature  is  rot  only  desir- 
ablu,a8  it  respects  the  government,  but  it  ought 
to  Ijc  equally  so  to  all  those  concerned  in  the 
institution,  ns  an  additional  title  to  public  and 
jirivate  confidence,  and  as  a  thing  which  can 
only  be  formidable  to  practices  that  imply 
mismanagement.' 

'•  In  the  letter  addressed  by  Alexander  James 
Dallas,  the  author  of  the  existing  bunk,  to  the 
chaiiinau  of  the  committee  on  a  national  cur- 
rency, in  1815,  the  sentiments  of  that  truly 
distinguished  and  patriotic  statesman  arc  ex- 
plicitly conveyed  upon  this  very  point.  '  Nor 
can  it  be  doubted,'  ho  remarks, '  that  the  de- 
partment of  the  government  which  is  invested 
«ith  the  power  of  appointment  to  oil  the  im- 
portant offices  of  the  State,  is  a  proper  depart- 
ment to  exercise  the  power  of  appointment  in 
relation  to  a  national  trust  of  incalculable  mag- 
nitude. The  national  bank  ought  not  to  be  re- 
garded simply  as  a  commercial  bank.  It  will 
not  operate  on  the  funds  of  the  stockholders 
alone,  but  much  more  on  the  funds  of  the  na- 
tion. Its  conduct,  good  or  bad,  will  not  affect 
the  corporate  credit  and  resources  alone,  but 
much  more  the  credit  and  resources  of  the  go- 
vernment. In  fine,  it  is  not  an  institution  cre- 
ated for  the  purposes  of  commerce  and  profit 
alone,  but  much  more  for  the  purposes  of  na- 
tional policy,  as  an  auxiliary  in  the  exercise  of 
some  of  the  highest  powers  of  the  government. 
Under  such  circumstances,  the  public  interests 
cannot  be  too  cautiously  guarded,  and  the  guards 
proposed  can  never  be  injurious  to  the  commer- 
cial interests  of  the  institution.  The  right  to 
inspect  the  general  accounts  of  the  bank,  may 
I  be  employed  to  detect  the  evils  of  a  mal-admin- 
istration,  but  an  interior  agency  in  the  direc- 
tion of  its  afliiirs  will  best  serve  to  prevent 
^  them.'  This  last  sentence,  extracted  from  the 
j  able  document  of  Secretary  Dallas,  developes 
I  »t  a  glance  what  had  been  the  experience  of  the 
j  American  government  and  people,  in  the  period 
which  elapsed  between  the  time  of  Alexander 
Hamilton  and  that  immediately  preceding  the 
formation  of  the  present  bank,    Hamilton  con- 


ceive<l  that 'a  rijrht  to  ini«i)e<;t  the  genernl  ao 
ro\inti*  of  the  bank.'  would  enable  ):MM'rinn«'iit 
■to  defect  the  vmU  of  a  nial-adininisfrufioii,' 
and  their  dt'fiTtJnn  he  thought  cnl!i> '  t.  lie 
wa.^  mistaken:  at  leant  bo  thouviht  i^recB 
and  their  consfituentH,  in  1815.  Hence  the  in- 
flexible spirit  which  prevailed  at  the  organiza- 
tion of  a  new  bank,  in  extab'.iNliiiig  'ati  interior 
agency  in  the  direction  of  its  atlair!*.'  by  the 
appointment  of  public  oflicers,  through  whom 
the  evils  of  a  mal-adniinistratiou  might  be  care- 
fully watched  and  prevented." 

The  four  gentlemen  also  showed,  in  their  me- 
morial; thnt  w  hen  the  bill  for  the  charier  of  the 
present  biuik  was  under  consideration  in  the 
Senate,  a  motion  was  made  to  strike  out  the 
clause  authorir-ing  the  appointment  of  the  go- 
vernment directors;  and  that  thnt  motion  was 
resisted,  and  successfully,  upon  the  ground  that 
they  were  to  bo  the  guardians  of  the  public  in- 
terests, and  to  secure  a  just  and  honorable  ad- 
ministration of  the  afl'airs  of  the  bank ;  that 
they  were  not  mere  bank  directors,  but  govern- 
ment officers,  bound  to  watch  over  the  rights 
and  interests  of  the  government,  and  to  secure 
a  safe  and  honest  management  of  an  institution 
which  bore  the  name  of  the  United  States — was 
created  by  it — and  in  which  the  United  States 
had  BO  much  at  stake  in  its  stock,  in  its  depo- 
sits, in  its  circulation,  and  in  the  safety  of  the 
community  which  put  their  faith  in  it.  Having 
vindicated  the  ofBdal  quality  of  their  charac- 
ters, and  shown  their  duty  as  well  as  their 
right  to  inform  the  government  of  all  mul-prac- 
tices,  they  entered  upon  nn  examination  of  the 
information  actually  given,  showing  the  truth 
of  all  that  was  communicated,  and  declaring  it 
to  be  susceptible  of  proof,  by  the  inspection  of 
the  books  of  the  institution,  and  by  an  exami- 
nation of  its  directors  and  clerks. 

"  We  confidently  assert  that  there  is  in  it  no 
statement  or  charge  that  can  be  invalidated ; 
that  every  one  is  substantiated  by  the  books 
and  recordj  of  the  bank ;  that  no  real  error  hati 
been  pointed  out  in  this  elaborate  attack  upon 
us  by  the  majority.  It  is  by  suppressing  fiicts 
well  known  to  them,  by  misrepresenting  wliat 
we  say,  by  drawing  unjust  and  unfair  inferences 
from  particular  sentences,  by  selecting  insulated 
phrases,  and  by  exhibiting  partial  statements ; 
by  making  unfounded  insinuations,  and  by  un- 
worthily impeaching  our  motives,  that  they  en- 
deavor to  controvert  that  which  they  are  an- 
able  to  refhte.  When  the  expense  account  shall 
be  truly  and  fully  exhibited  to  any  tribunal,  if 
it  shall  be  found  that  the  charges  we  have 
stated  do  not  exist  5  when  the  minutes  of  the 


"'X 


>    v< 

,'1 


Art 


.392 


THIIITV  YKMW  VIEW. 


MH^^rrj     'iss 


IxtanI  oliiill  Im'  liiid  ii|m-ii,  if  it  xliall  ))c  fminil  thv 
ri'»<i)liitii>iiit  we  hnvi' qiKili'd  iirt-  iiof  ri'conli'il ; 
we  fhiill  lU'kiKiwIi'djTf  that  we  liiivc  Ihtii  guilty 
of  iiijiiHtifT  ami  of  error,  but  not  till  then. 

"  We  linve  tluiH  eiideuvoreil  to  present  to  the 
nsneiiiM>'d  repreneiitativeH  of  the  Ainericuii  |K'o- 
jile,  a  view  of  the  rourne  wliicJi,  fur  nearly  a 
year,  the  majority  in  a  larjn^  moneyed  iiifititu- 
tioii,  (MtahliMhed  hy  them  for  their  Uiietit,  have 
thoiipht  proiKT  to  purHuu  towardH  tho^o  who 
have  lieen  placed  tliere,  to  piianl  their  intereftH 
and  to  watch  anrl  control  their  conduct.  We 
have  hrielly  etated  the  fyKtematic  series  of  ac- 
tionH  by  which  they  iiave  entleavored  to  deprive 
them  of  every  ripht  that  was  conferred  on  them 
hy  the  cliarter,  and  to  agsunie  to  themselves  a 
secret,  irresponsible,  and  unlimited  power.  We 
liave  shown  that,  in  endeavoring  to  vindicate  or 
to  save  themselves,  they  have  resorted  to  accu- 
sations nuainst  us,  which  they  are  unable  to 
sustain,  and  left  unanswered  charpes  which, 
were  thoy  not  true,  it  would  be  easy  to  repel. 
Wc  have  been  nrped  to  this  from  no  desire  to 
enter  into  the  lists  with  an  adversary  sustained 
by  all  the  resources  which  boundless  wealth 
atl'ords,  We  have  been  driven  to  it  by  the  na- 
ture and  manner  of  the  attack  made  upon  us, 
in  the  document  on  which  the  intended  memo- 
rial to  Congiess  is  founded." 

But  all  their  representations  were  in  vain. 
Their  nominations  were  immediately  rejected,  a 
second  time,  and  tlio  seal  of  secrecy  pi-eserved 
inviolate  upon  the  reasons  of  the  rejection. 
The  "  proceedings  "  of  the  Senate  were  allowed 
to  be  published ;  that  is  to  say,  the  acts  of  the 
Senate,  as  a  body,  such  as  its  motions,  votes, 
reports,  &c.,  but  nothing  of  what  was  said 
pending  the  nominations.  A  motion  was  made 
by  Mr.  Wright  to  authorize  the  publication  of 
the  debates,  which  was  voted  down;  and  so 
differently  from  what  was  done  in  the  case  of 
Mr.  Van  Buren.  In  that  case,  the  debates  on 
the  nomination  were  published;  the  reasons 
for  the  rejection  were  shown ;  and  the  public 
were  enabled  to  judge  of  their  validitj'.  In  this 
case  no  publication  of  debates  was  allowed ;  the 
report  presented  by  Mr.  Tyler  gave  no  hint  of 
the  reasons  for  the  rejection ;  and  the  act  re- 
mained where  that  report  put  it — on  the  abso- 
lute right  to  reject,  without  the  exhibition  of 
liny  reason. 

And  thus  the  nomination  of  the  government 
directors  was  rejected  by  the  United  States 
Senate,  not  for  the  declared,  but  for  the  known 
reason  of  reporting  the  misconduct  of  the  bank 


to  the  I'mtident,  and  o!«pcci«lly  as  it  rtlati.i 
to  the  appointment  and  the  conduct  of  the  ex- 
chanpo  committee.  A  few  years  afterwan: 
a  committee  of  the  *tf)ck holders,  called  il„ 
"  Committee  of  Investigation,"  made  ■  rrrx f. 
upon  the  rrmduct  and  condition  of  the  bank. ;;, 
which  this  exchange  committee  is  thus  HiJoki  n 
of:  "The  mode  in  which  the  committee  of n. 
change  transacted  their  business,  shows  th:it 
there  really  «'xisted  no  check  whatever  ii|ii,:, 
the  ofliccrs,  and  that  the  funds  of  the  bank 
were  almost  entirely  at  their  disposition.  That 
committee  met  daily,  and  were  attended  by  tk 
cashier,  and  it  times,  by  the  president.  Tluv 
exercised  the  power  of  making  the  loans  mul 
settlements,  to  full  as  great  on  extent  as  tin 
board  itself.  They  kept  no  minutes  of  thtir 
proceedings — no  book  in  which  the  loans  madt, 
and  business  done,  were  entered ;  but  their 
decisions  and  directions  wcro  gi'.cn  verbally  t. 
the  officers,  to  be  by  them  auried  into  ex- 
ecution. The  established  couioo  of  business 
seems  to  have  been,  for  the  fir-it  teller  to  pay 
on  presentation  at  the  counter,  all  checks, 
notes,  or  due  bills  having  indorsed  the  order. 
or  the  initials,  of  one  of  the  cashiers,  and  ti 
place  these  as  vouchers  in  his  drawer,  for  bo 
much  cash,  where  they  remained,  until  just 
before  the  rejrular  periodical  counting  of  the 
cash  by  the  sti  u  "ing  committee  of  the  board 
on  the  state  of  the  bank.  These  vouchers 
were  then  taken  out,  and  entered  as  '  bills  re- 
ceivable,' in  a  small  memorandum-book,  under 
the  charge  of  one  of  the  clerks.  These  bills 
were  nAt  discounted,  but  bore  interest  semi-an- 
nually, and  were  secured  by  a  pledge  of  stock, 
or  some  other  kind  of  property.  It  is  evident- 
ly impossible  under  such  circumstances,  to  as- 
certain or  be  assured,  in  regard  to  any  particu- 
lar loan  or  settlement,  that  it  was  authorized 
by  a  majority  of  the  exchange  committee.  It 
can  be  said,  however,  with  entire  certainty, 
that  the  very  large  business  transacted  in 
this  way  does  not  appear  upon  the  face  of 
the  discount  books — was  never  submitted  to 
the  examination  of  the  members  of  the  board 
at  its  regular  meetings,  nor  is  any  where  en- 
tered on  the  minutes  as  having  been  reported 
to  that  body  for  their  information  or  appro- 
bation." 


ANNO  1833      ANURKW  JACKSON,  rURSlItKNT. 


:i'j:\ 


CIIM'TKH    XCVI. 

sKiKKTAUY"  liKI'dliT  ON  TIIK  IIKMnVAI,  nl' 
TKK  UKl't'Hrrs. 

Is  the  firnt  ilayfi  <»f  the  scsKion  Mr.  Clay  called 
till'  atU'iition  »(  the  St-nalc  to  the  iTport  of  the 
Stcnlary  of  the  Treasury,  cotninunipatinK  the 
fwt  that  he  had  onlered  the  piihlic  di'pnnits  to 
niuie  to  Ikj  made  in  the  15aiik  <if  the  I'liited 
States,  and  K'^ '"K  '''"  leaHoiis  for  that  act , 
and  said  : 

"When  ConprcfiR,  at  the  time  of  the  passapc 
if  the  charter  of  the  hank,  made  it  nei-esHary 
(ha*  tlio^e  reasons  should  bu  suhmitted,  they 
niiii't  liiive  had  8<mie  purpose  in  their  mind.  It 
must  liave  l)cen  intende<l  that  Congress  shouhl 
1  Hik  into  these  reasons,  dete'-niinc  as  to  their 
viiliiiity ;  and  approve  or  disapprove  them,  as 
iLiuht  he  thought  proiwr.  The  reasons  had 
iidw  been  submitted,  and  it  was  the  duty  of 
Con!»rcs8  to  decide  whether  or  not  they  were 
pufticient  to  justify  the  act.  If  there  was  a 
Mil;Jcct  which,  more  than  any  other,  seemed  to 
rei|uiio  the  prompt  action  of  Congress,  it  cer- 
tainly was  that  which  had  reference  to  the  cus- 
tuiiy  and  ca'"  of  the  public  treasury.  Tlie 
Senate,  therefore,  could  not,  at  too  early  a  pe- 
riod, enter  on  the  question — what  was  the  ac- 
I  tual  condition  of  the  treasury? 

•  It  was  not  his  purpose  to  go  into  a  discus- 
I  Fion,  but  he  had  risen  to  state  that  it  appeared 
I  to  Iiim  to  be  his  duty  as  a  senator,  and  he 
iiopoj  that  other  senators  took  similar  views 
I  of  their  duty,  to  look  into  this  subject,  and  to 
I  fee  wiiat  was  to  be  done.     As  the  report  of  the 
Itiecrctary  of  the  Treasury  had  declared  the  rea- 
[foai  which  had  led  to  the  removal  of  the  pub- 
lic deposits,  and  as  the  Senate  had  to  judge 
Iwiiether,  on  investigation  of  these  reasons,  the 
lact  was  a  wise  one  or  uot,  he  considered  that 
|it  would  not  be  right  to  refer  the  subject  to 
any  committee,  but  that  the  Senate  should  at 
lonee  act  on  it,  not  taking  it  up  in  the  form  of  a 
■report  of  a  committee,  but  going  into  an  exam- 
ination of  the  reasons  as  they  had  been  sub- 
nitted." 

Mr.  Benton  saw  two  objections  to  proceed- 
ing as  Mr.  Clay  proposed — one,  as  to  the  form 
pf  his  proposition — the  other,  as  to  the  place 
ivhich  it  was  made.  The  report  of  the  Sec- 
tary, charging  acts  of  misconduct  as  a  cause 
bf  removal,  would  require  an  investigation  into 
liieir  truth.  The  House  of  Representatives 
eing  the  grand  inquest  of  the  nation,  and 
kroperly  chargeable   with  all  inquiries   into 


«bu«M.  would  Jx»  the  proper  plnrr  Tr  tIip  mn* 
Kider«ti'in  of  tho   ."^iiTtfiiry'*   np'Tt — IJKniph 

he  admitted  that  the  Seiiati nld  aI.-*')  make 

the  iiKjuiry  if  it  pleaded  ;  hut  ^h<>u|d  ilo  it  in 
tlie  pnnxT  way,  nanii'ly,  by  iniiniriiip  into  the 
truth  of  the  alUyatiotm  npaitixt  the  liniik.  II<< 
xaid  : 

"  He  requested  the  Senate  to  bciir  in  mind 
that  tlie  ."*iK'retary  had  aiiiiininri"!,  anintij:  ullin- 
rcasDim  which  he  liail  nsMipned  fi>r  the  reiiioMil 
of  the  dej)i>«it(»,  that  it  had  been  t-aii.-eil  by  the 
misconduct  of  the  liiviik,  and  he  liiid  poiu'  iiiln 
a  variety  of  Fipecilicatinns,  rharLrinp  the  bank 
with  interferinp  with  the  libertic;*  of  the  peo- 
ple in  their  nmst  vital  eUimiits — the  lilK'rty 
of  the  pre.ss,  and  the  purity  of  election^.  The 
Secretary  hud  also  eharped  the  bunk  with  dih- 
hnnoring  itrt  own  jiiiiK'r  on  sevetnl  uccasidnrt, 
and  that  it  became  necessary  to  compel  it  to 
receive  pajjer  of  its  own  bran<lies.  lIiTe, 
then,  were  grave  eharpes  of  mi  iinihut,  and 
ho  wished  t"  know  whether,  ni  the  line  of 
such  charges,  this  Congress  was  to  po  nt  unce, 
without  the  j)revio>i8  examinatictn  of  a  commit- 
tee, into  action  uj)on  the  subject  ? 

"He  desired  to  know  whether  the  Senate 
were  now  about  to  proceed  to  the  considera- 
tion of  this  report  as  it  stood,  and,  without  re- 
ceiving any  evidence  of  the  eliaipes,  or  tukinp 
any  course  to  establish  their  truth,  to  give  back 
the  money  to  this  institution  ?  lie  tlioupht  it 
would  be  only  becoming  in  tiie  bank  itself  to 
ask  for  a  committee  of  scrutiny  into  its  eon- 
duct,  and  that  the  subject  ought  to  be  taken 
up  by  the  House  of  Ueprcsentutives,  which,  on 
account  of  its  numbers,  its  character  as  the 
popular  branch,  and  the  fact  that  all  money 
bills  originated  there,  was  the  most  proj)er  tri- 
bunal for  the  hearing  of  this  case.  He  did  not 
mean  to  deny  that  the  Senate  had  the  power 
to  go  into  the  examination.  ]»ut  to  fix  a  day 
now  for  the  decision  of  so  important  a  case,  ho 
considered  as  premature.  Were  the  whole  of 
the  charges  to  be  blown  out  of  the  paper  by 
the  breath  of  the  Senate  ?  AVeie  they  to  de- 
cide on  the  question,  each  senator  sitting  there 
as  witness  and  juror  in  the  case  ?  He  did  not 
wish  to  stand  there  in  the  character  of  a  wit- 
ness, unless  he  was  to  be  examined  on  oath 
either  at  the  bar  of  the  Senate,  or  before  a 
committee  of  that  body,  where  the  evidence 
would  be  taken  down.  He  wished  to  know 
the  manner  in  which  the  examination  was  to 
be  conducted  j  for  he  regarded  this  motion  as 
an  admission  of  the  truth  of  every  charge  which 
had  been  made  in  the  report,  and  as  a  ilight 
from  investigation." 

Mr.  Clay  then  submitted  two  resolutions  in 
relation  to  the  subject,  the  second  of  which  after 
debate,  was  referred  to  the  committee  on  finance. 
They  were  in  these  words : 


*r..     :  ._ 


•  'ti." 


,1 

t-i  - 


■■  f. 


394 


TIIIUTV  YI:AIW  VIKW. 


"  lot.  Thiif,  )>y  (|i«inifiMin((  th«<  U(6  Swretary 
of  thf  Tr»'ii'<iirv,  iHraii"**'  lu>  would  not,  rnnlrary 
to  hilt  i«(ii-i'  III"  liii  own  iliily,  n-iiiovi*  tin-  iiiniM-y 
iif  tilt'  riiitc'l  Siiilc4  in  lifiioNit  with  tin-  Ituiik 
of  till' I'liiir'!  Statt't  iind  itn  liraiichcM,  in  con- 
ii)riiiily  with  tht-  I'rivsiiliiit'H  o|iinioii,  nnd  l>y 
ii|>|i<iintiii;;  hit  rtucfcNHor  to  ctl't-ct  hiicIi  ri'niovnl, 
wliiiii  hiiH  lifiii  dune,  till'  I'rt'sidfiit  lm.'<  »'<'<iiiii('d 
tlu'  ixtTri-f  (if  a  |M)\viT  ovtT  till'  'I'lfiiKiiry  of 
th(!  rniti'd  Stiiti'H,  not  );rnnti'd  to  him  hy  thi' 
I'oiiNiitiitioii   and  hiwH,  and  ihuiKi'i'ous  to  the 

llljl'l-tll'."!   of  thf    |K'0|lll', 

"  l!il.  'I'hut  fill'  ri'nKoni4  ftHHij;ni'd  l>y  llit!  Soc- 
rctnry  of  I  he  TrfiiHiify  for  tlu-  ivinovnl  of  the 
inont'y  of  thi'  Initt'd  StatoH  ili'poHitid  in  the 
]lunk  of  tlic  Iiiilcd  StaloH  and  itH  hrnncheN. 
coniinnniriiti'il  to  Conf;r<'HH  on  the  i!d  day  of 
DiH'onihi'i-,  K>.)o,  aru  uni^atiMfuctory  and  InHiifli- 
ficnt." 

Tiic  oidir  r>r  the  reftTcncu  to  the  finance 
rotnniitti'C  was  made  in  the  Senatu  nt  four 
o'clock  in  till'  afternoon  of  one  day  ;  and  the 
report  ujion  it  wuh  made  at  noon  the  next  day; 
a  very  elahorate  argumentative  jMiper,  the  read- 
ing of  which  by  its  reporter  (Mr.  Webster) 
consnnied  one  hotir  and  a  quarter  of  time.  It 
recommended  the  adoption  of  the  resolution  { 
and  0000  copii's  of  the  report  were  onlered  to 
be  printed.  Mr.  Forsyth,  of  Georgia,  compli- 
mented tho  committee  on  their  activity  in 
getting  out  a  report  of  such  length  and  la. 
Iior,  in  no  slmrt  a  time,  and  in  the  time  usual- 
ly given  to  tho  refreshment  of  dinner  ond 
sleep,     lie  said  : 

"  Certainly)-  great  credit  was  due  to  the  com- 
mittee on  llnai. ""  for  the  zeal,  ability,  and  indus- 
try with  which  the  report  had  been  brought  out. 
lie  thought  the  reference  was  made  yesterday  at 
four  o'clock ;  .nnd  tho  committee  could  hardly 
have  had  time  to  agree  on  and  WTite  out  so  long 
a  renort  in  tho  short  space  of  time  intervening 
since  then.  It  was  possible  that  tho  subject 
might  have  been  discussed  and  well  understood 
in  the  committee  before,  and  that  the  chairman 
had  time  to  embody  tho  sentiments  of  the  vari- 
ous members  of  the  committee  previous  to  the 
reference.  If  such  was  the  case,  it  reminded 
him  of  what  had  once  happened  in  one  of  the 
courts  of  justice  of  the  State  of  Georgia.  A 
grave  question  of  conijtitutional  law  was  pre- 
sented before  tliut  court,  was  argued  for  days 
with  great  ability,  and  wnen  the  argument  was 
concluded,  the  judge  drew  from  his  coat  pocket 
a  written  opinion,  which  he  read,  and  ordered 
to  be  recorded  as  the  opinion  of  the  court.  It 
appeared,  therefore,  that  unless  the  senator 
from  Massachusetts  carried  the  opinion  of  the 
committee  in  his  coat  jiockct,  he  could  not  have 
presented  his  report  with  the  unexampled  dis- 
patch that  hud  been  witnessed." 


Mr.  Wc'lmt^r,  cvltli-ntly  nettli'd  >t  tl,i.  »v. 
roiitic  complimi'iit  of  .Mr.  K<>rityth,  ri'iiln  j  (, 
him  '\'.i  a  way  to  hliow  his  irritatitl  fct'liii);.  I,, . 
without  Hhowing  how  he  ramc  to  i!  .  no  iim,.. 
work  in  so  Hlmrt  a  time,     llo  Miid: 

"  lla<l  the  p'nllcnmn  come  to  the  .''inntitl  . 
morning  in  his  usual  gixMi  humor,  ho  w>.ii; 
have  U'cn  easily  oiitihlicd  on  that  point,  H,. 
will  recollect  that  the  subject  now  undt  r  d  .. 
cuKsion  was  ilccnicd,  by  every  binly,  to  !, 
jieculiarly  fitted  for  the  consideration  i,f  ti, 
committee  on  finance ;  and  that,  three  \yi,\, 
ngo,  I  had  intimated  my  intention  of  iniivin. 
for  such  a  reference.  1  had,  however,  (iiiay," 
the  motion,  frmn  considcrutious  of  cimrli'sy  t 
other  gentlemen,  on  all  sidi  ^.  Hut  tlii'j;iiitr,: 
subject  of  the  removal  of  the  deposits,  IiikIIhi;, 
referrt'd  to  the  committee  on  lliiance,  by  rcfu. 
enceofthat  part  of  the  President's  nuriMii.T: 
and  various  memorials,  in  relation  to  it,  in; 
also  lieen  referred.  The  subject  has  iiiidi  r^-,,!,, 
an  ample  dificussion  in  committee.  I  liml  U,;. 
more  than  once  instructed  by  the  coniniittici 
move  for  the  reference  of  the  Secretary's  iuitir 
but  the  motiim  was  postponed,  from  time  t 
time,  for  tho  reasons  I  have  before  given.  IL,! 
the  gentleman  from  Oeonrin  been  in  the  SVnatc 
yesterday,  ho  would  have  known  that  this  ],ar. 
ticular  mode  of  proceeding  was  adopted,  as  wx- 
then  well  understood,  for  the  sole  jiuriiojic  c 
facilitating  tho  business  of  the  "^-"nate,  ar.d  i,l 
giving  the  committee  an  opportunity  to  cxpro«i 
an  opinion,  tho  result  of  their  consideration. 
If  tho  gentleman  had  heard  what  had  pav^iii  | 
yesterday,  when  the  reference  was  made,  Le 
would  not  have  expressed  surprise." 

Tho  fact  was  tho  report  had  been  drawn  Ij 
the  counsel  for  tho  bank,  and  differed  in  no  war 
in  substance,  and  but  little  in  form,  from  the  I 
report  which  the  bank  committee  had  niadeu 
tho  paper,  "  purporting  to  have  been  signed  l.v 
Andrew  Jackson,  and  read  to  what  was  callni 
a  cabinet."    But  the  substance  of  the  resolu. 
tion  (No.  2,  of  Mr.  Clay's),  gave  rise  to  more 
serious  objections  than  tho  marvellous  activitv  [ 
of  tho  committee  in  reporting  upon  it  with  tLe 
elaboration  and  rapidity  with  which  they  hi  \ 
done.    It  was  an  empty  and  inoperative  n- 
pression  of  opinion,  that  the  Secretary's  roajou  I 
were  "  unsatisfactory  and  insufficient ; "  witlom  I 
any  proposition  to  do  any  thing  in  consequcnct  I 
of  that  dissatisfaction  and  insufficiency ;  and  I 
consequently,  of  no  legislative  avail,  and  of  du  I 
import  except  to  bring  tho  opinion  of  senators.  [ 
thus  imposingly  pronounced,  against  the  act  d  I 
the  Secretary.    The  resolve  was  not  practid  I 
— was  not  legislative— waa  not  in  conforaitjj 


ANNO  IM3.     ANDUEW  JACICSOX.  rUK>n»i:NT, 


3l»3 


M'tllcd  »t  tVc  »»„■« 
F'TKyth,  n>jilii  i  ii 
•ritatf*l  fi'iliiiif>.Ki:' 
mill*  to  <'.  •  so  mill';. 
Ic  Mkid : 

10  to  the  Svnftfi'tl  . 

(I  hiiiiiiir,  111"  wh,; 
on  timt  jioiiit.  II, 
ji'i't  now  iiiiilcr  il  -. 

fvory  h(Hiy,  to  1. 
[■onxiiliTtttiiin  cf  tl. 
il  Umt,  tlirie  wnk. 
intftUion  of  niovm;. 
lul,  liowi'Vir,  (ItiftM  ; 
itioiis  of  ciiurtc'sy  i, 
k'H.  But  tin-  j:i'iural 
ho  (lopoHit!*,  liiulUxa 

on  llniuirt',  by  nhf 
I'resKii'nt'rt  nui*i>ni.i' ; 
n  rt'liition  to  it,  Iwi 
luliji'ct  has  iinilip^iii,, 
inniittcf.  I  hail  lHt;i 
I  by  tho  conunittiiti 
the  Sccri'tary's  liiur, 
tponcd,  from  time  t. 
vo  before  nivoii.  ILil 
ifin  been  in  the  SJinatc 

known  that  thii<  jiar- 
g  was  nihipted,  as  Wh 
'  the  solo  imi'iiOKo  c 
of  tho  '^•'nnte,  ar.d  c( 
jpportunity  to  oxpn-i 
f  their  consi(k'rati(in, 
«ard  what  hail  pii-scil 
erencc  was  made,  Ik 
1  surprise." 

t  had  been  drawn  h 
and  differed  iunoway 
ttlc  in  form,  from  the  I 
immittco  had  made  i  a 
I)  have  been  signed  k  I 
id  to  what  was  callw 
bstanco  of  the  resoli>  I 
8),  gave  rise  to  more 
10  marvellous  activity 
rting  upon  it  with  tli<  I 
with  which  theyyj 
and  inoperative  ci- 
the  Secretary's  roajoa 
insufficient;"  witbou! 
f  thing  in  conscquenK  I 
ind  insufficiency ;  and 
lativc  avail,  and  of  nu 
ho  opinion  of  senatori,! 
iced,  against  the  act  (<  I 
olvo  was  not  practical 
vas  not  in  confonnitj 


t,>  any  ni«xie  of  lioinK  butiiwM — and  le<l  to  no 
p  ti,,ii ;— neither  to  »  rei«t<ir«tii  :i  of  ttM<  i|epr>Mii4 
n  t  \»  •  roKiieninatioii  of  tlwir  lvei'|»in)|  Vty  tho 
>>iiti'  luiiik'*.  t'ertniiily  th«-  <h»rtrr.  tii  ordering 
,!.,.  ""(iretnry  to  niwirt,  iind  to  n'|M)rt  nt  tiie 
lift  iirni'lii'nl'lo  moment,  both  the  fnrt  of  n  ri'- 
:;ii\»l.  niid  the  n'B«oni  for  it,  wm  to  enable 
(',,ii,'ii"<-t  to  B«.'t — to  do  sonietbing — to  JrifiHJnte 
III"  II  the  subject — to  judj^e  '  le  validity  of  tho 
Mx-niifs— iind  to  ordcraifRtoiation  if  they  were 
ii.ml  to  be  untrue  or  insufficient  j  or  to  eon- 
iliiiin  the  new  place  of  deponit,  if  it  wax  deemed 
iiirii'i'iire  or  impro|K-r.  All  thirt  was  too  ob>  iouM 
to  I'iii'niic  tlie  attention  of  tho  demoerntic  mem- 
Urn  who  invei^ihed  a^iinst  tlio  futility  and 
irrelivniire  of  tlie  resolve,  unfit  for  a  legislative 
lj.,dy,  mill  only  suitable  for  a  town  meeting ; 
(I'ldaiii'wering  no  purpone  as  a  nenatorial  residve 
lut  tliat  of  jiolitical  etfect  against  public  men. 
On  tlii!<  jioint  Mr.  Forsyth  said: 

••  The  subject  had  then  been  taken  out  of  tho 

tian  l*  of  tlie  Senate,  and  sent  to  tho  committee 

i.ii  linanre  ;  and  for  what  purpose  was  it  t^ent 

thither  ?     Did  any  ono  dou))t  what  would  bo 

the  opinion   of    tho  committee    on    finance? 

WmiM  such  a  movement  have  been  made,  had 

it  nut  been  intended  thereby  to  give  strength 

1 1  the  course  of  the  oppositiim  1    lie  was  not 

in  the  Senate  when  tho  reference  wasyestonlay 

I  made,  but  ho  had  supposed  that  it  was  made 

firtiie  piupose  of  some  report  in  a  legislative 

luni,  hut  it  has  come  back  with  an  argument, 

imd  a  recommendation  of  tho  adoption  of  the 

I  resolution  of  tho  senator  from  Kentucky  j  and 

1  when  the  R-solutions  were  adopted,  would  they 

I  nut  i-till  be  sent  back  to  that  committee  for  ex- 

umination  ?    Why  had  not  the  committee,  who 

Hiiiied  to  know  so  well  who*  would  to  the 

opinion  of  the  Senate,  inbodled  tbac  opinion  in 

I  a  legislative  form  1 " 

To  the  same  effect  spoke  many  raemb jrs,  and 
luiiiong  others,  Mr.  Silas  Wright,  of  Ne\.--York, 

Iwlio  said: 

'•  He  took  occasion  to  say,  that  with  regard 
ItD  tlie  reference  made  yesterday,  he  was  not  so 
lunfortunate  as  hia  friend  from  Georgia,  to  be 
■absent  at  the  time,  and  he  then,  while  the  mo- 
Ition  was  pending,  expressed  his  opinion  that  a 
[reference  at  four  o'clock  in  the  afternoon,  to  be 
returned  with  a  report  at  twelve  the  next  day, 
nvoiild  materially  change  the  aspect  of  the  case 
efore  the  Senate.     Ho  was  also  of  opinion,  that 
klie  natural  effect  of  sending  this  proposition  to 
jtlie  comanittee  on  finance  would  be,  to  have  it 
eturned  with  a  recommendation  for  some  legis- 
lative action.    In  this,  however,  he  had  been 
lisappoiuted,  the  proposition  had  bt«n  brought 


h*rk  to  tho  S<>nitto  In  tho  name  form  m  arnt  to 
the  riiniliiitli'e,  Hitb  t>H<  t-xreptlon  xf  the  \tTy 
able  argument  lead  thitt  morning." 

Mr.  Webster  flit  biiiisilf  calleil  iij"»n  t'l  an- 
swer  tlieco  obiectionH,  and  did  so  in  a  wiiy  to 
intimate  that  the  eommit tee  were  not  ••gri-vn" 
enough, — that  is  to  say,  were  ton  wine  to  \tvn- 
pose  any  legislative  ai'tion  on  the  part  of  ('ot.* 
greM  in  relation  to  this  removal.     He  said  : 

"There  is  another  lliiiiL'.  sir,  to  wbirb  the 
gentleman  has  objei'ted.  lie  would  have  pre- 
terred  that  soiiie  legislative  let'oinnieiidution 
should  have  iwroinpiinied  the  ii'|ioit — that  some 
law,  or  Joint  resolution,  sliould  have  been  re- 
commended. Sir,  do  we  not  see  what  the 
gentleman  probably  desires  }  If  nut,  we  must 
Ih)  green  politiciims.  It  was  not  my  intention, 
at  this  Htago  of  tho  business,  to  propose  'uiy 
law,  or  joint  't'esoliitioii.  I  do  not.  al  prer-eiil, 
know  the  opinions  of  the  eoniiiiittee  on  this 
Hubjeet.  On  this  i|iiestioii,  at  leiist,  to  iLse  the 
gentleman's  expression,  I  do  not  carry  their 
opinion.s  in  my  coat  pocket.  The  «iiiestion, 
when  it  arrives,  will  be  a  very  grave  <uie — one 
of  deep  and  soleinn  import — and  when  tbejiio- 
|)cr  time  for  its  discussion  arrives,  the  geiitleiuan 
from  (ieorgia  will  have  an  op|iortiiiiily  to  ex- 
atnino  it.  The  first  thing  is,  to  asiertain  thu 
judgment  of  the  Senate,  on  the  Secielaiy's 
reasons  fur  his  act." 

Tho  meaning  of  Mr.  Webster  in  this  reply — 
this  intimation  that  the  finance  committee  had 
got  out  of  tho  sap,  and  were  no  longer  "  green  '' 
— wa.s  a  declaration  that  any  legislative  mea- 
sure they  might  have  recominended,  would 
have  been  rejected  in  the  House  of  llepresenta- 
tives,  and  so  lost  its  efficacy  as  a  senatorial 
opinion ;  and  to  avoid  that  rejection,  and  save 
the  effect  of  the  Senate's  opinion,  it  must  Ihj  a 
single  and  not  a  joint  resolution ;  and  so  con- 
fined to  the  Senate  alone.  The  ie])ly  of  ^Ir. 
Webster  was  certainly  candid,  but  unparlia- 
mentary, and  at  war  with  all  ideas  of  legislation, 
thus  to  refuse  to  propose  a  legislative  enactment 
because  it  would  be  negatived  in  tho  other 
branch  of  the  national  legislature.  Finally,  tho 
resolution  was  adopted,  and  by  a  vote  of  26  to 
18;  thus: 

"  Yeas.— Messrs.  Bibb,  Black,  Calhoun.  Clay, 
Clayton,  Ewing,  Frelingliuyscn,  Hendricks, 
Kent,  King  of  Georgia,  Knight,  I.eigli,  Martgum, 
Naudain,  Poindexter,  Porter,  Prentiss,  Preston, 
Bobbins,  Silsbee,  Smith.  Southard,  Sprague, 
Swift,  Tomlinson,  Tyler,  Wagsram m,  'Webster. 

"  Nays. — Messrs.  Benton,  Bn  wn,  For,sy th, 
Grundy,  Hill,  Kane,  King  of    ilabama,  Liuu, 


306 


TKiuTY  YKAUs'  vir:\v. 


I    { 


i!  m 


McKcan.  Mimrc.  HoItinRon,  Shoplov,Tallmadpo, 
Tipton.  White,  Wilkins,  Wiif,'lit."' 

Tlie  futility  of  tliiH  re«"''  ^  -.vns  made  manifoPt 
soon  aftor  its  passage.  It  was  nupatory,  and 
reiniiiiied  nakc<l.  It  required  nothing  to  l>e 
done,  and  notliing  was  done  under  it.  It  be- 
came ridiculous.  And  eventually,  and  near 
the  end  of  the  session,  Mr.  Clay  proposed  it  over 
again,  with  another  resolve  attached,  directing 
the  rettirn  of  the  deposits  to  the  Bank  of  the 
United  State.s;  and  making  it  joint,  so  as  to  re- 
quire the  consent  of  both  houses,  and  thus  lead 
to  legislative  action.  In  submitting  his  resolu- 
tion in  tiiis  new  form  he  took  occasion  to  al- 
lude to  their  fate  in  the  other  branch  of  the 
legislature,  where  rejection  was  certain,  and  to 
intimate  censure  upon  the  President  for  not 
conforming  to  the  opinion  of  the  Senate  in  its 
resolves ;  as  if  the  adverse  opinion  of  the  House 
(from  its  recent  election,  its  superior  numbers, 
and  its  particular  charge  of  the  revenue),  was  not 
more  than  a  counterpoise  to  the  opinion  of 
the  Senate.    In  this  sense,  he  stood  up,  and  said : 

"  Whatever  might  be  the  fate  of  these  reso- 
lutions at  the  other  end  of  the  capitol,  or  in 
another  building,  that  consideration  ought  to 
liavc  no  intluence  on  the  course  of  this  body. 
The  Senate  owed  it  to  its  own  character,  and 
to  the  country,  to  proceed  in  the  discharge  of  its 
duties,  and  to  leave  it  to  others,  whether  at  the 
other  end  of  the  capitol  or  in  another  building, 
to  perform  their  own  obligations  to  the  country, 
according  to  their  own  sense  of  their  duty,  and 
their  own  convictions  of  responsibility.  To 
them  it  ought  to  be  left  to  detemiine  what  was 
their  duty,  and  to  discharge  that  duty  as  they 
might  tliink  best.  For  himself,  ho  should  lie 
ashamed  to  return  to  his  constituents  without 
having  made  every  lawful  eilbrt  in  his  power  to 
cause  the  restoration  of  the  public  deposits  to 
the  United  States  Bank.  While  a  chance  yet 
remained  of  ett'ecting  the  restoration  of  the 
reign  of  the  constitution  and  tiie  laws,  he  felt 
that  he  should  not  have  discharged  this  duty 
if  he  failed  to  make  every  elfort  to  accomplish 
that  desirable  object. 

''The  Senate,  after  passing  the  resolution 
which  they  had  already  passed,  and  waiting  two 
months  to  sec  whether  the  Executive  would 
conform  hi?  course  to  the  views  expressed  by 
this  branch  of  the  legislature ;  after  waiting  all 
this  time,  and  perceiving  that  the  error,  as  the 
Senate  had  declared  it  to  be,  was  still  persever- 
sd  in,  and  seeing  the  wide  and  rapid  sweep  of 
fuin  over  every  section  of  the  country,  there 
was  still  one  measure  left  which  might  arrest 
the  evil,  and  that  was  in  the  otlering  of  these 
resolutions— to  present  them  to  this  body;  and, 


if  they  passed  hero,  to  uend  them  to  the  <,[],, 
House  ;  and,  shouM  they  (lassthem,  to  iirc*^:; 
to  the  l»resi(knt  the  plain  question,  if  he  wi 
return  to  the  constitutional  track  ;  or,  in  oi  i,, 
sition  to  the  expressed  will  of  tiie  Icgislanir, 
retain  the  control  over  the  millions  of  pull 
'  money  wliicii  are  already  deposited  in  tli(>  1(,(^, 
banks,  and  which  arc  still  coming  in  then-.' 

Jlr.  Benton  replied  to  Mr.  Clay,  showin;:  ti. 
propriety  of  these  resolutions  if  oflind  at  ti , 
commencement  of  the  session — their  inutiljtv 
now,  so  near  its  end ;  and  the  indelicacy  in  tlic 
Senate,  in  throwing  itself  between  the  banl. 
and  the  House  of  Representatives,  at  a  moment 
when  the  bank  directors  were  standing  out  i;. 
contempt  against  the  House,  refusing  tv  liccx- 
amined  by  its  committee,  and  a  motion  actnalh- 
depending  to  punish  them  for  this  contempt.  Fur 
this  was  then  the  actual  condition  of  the  w.r- 
poration  ;  and,  for  the  Senate  to  pass  a  rcsoin. 
tion  to  restore  the  deposits  in  these  circmr.- 
stances,  was  to  take  the  part  of  the  bank  agajr,;.; 
the  House — to  justify  its  contumacy — and  tn 
express  an  opinion  in  favor  of  its  re-charttr; 
as  all  admitted  that  restoration  of  the  dopositj 
was  wrong  unless  a  re-charter  was  granted, 
Mr.  B.  said : 

"  He  deemed  the  present  moment  to  bo  ilie 
most  objectionable  time  that  could  have  l«ii 
selected  for  proposing  to_  restore  the  public  de- 
posits to  the  United  States  Bank.    Sucii  apn^ 
position  might  have  been  a  proper  proceeding' 
at  the  commencement  of  the  session.    Ajoiiit 
resolution,  at  that  time,  would  have  been  the 
proper  mode ;  it  could  have  been  followed  U 
action ;  and,  if  constitutionally  passed,  woulij 
have  compelled  the  restoration  of  these  depiii. 
its.    But  the  course  was  diflei'cnt.    A  separatt 
resolution  was  brought  in,  and  passed  the  Stu- 
ate;  and  there  it  stopped.    It  was  a  nupatory 
resolution,  leading  to  no  action.    It  was  such 
a  one  as  a  State  legislature,  or  a  public  nitcti:ii;, 
might  adopt,  because  they  had  no  power  to  1^ 
gislate  on  the  subject.     But  the  Senate  had  the  I 
power  of  legislation ;  and,  six  months  ago,  wlitn 
the  separate  resolution  was  brought  in,  the 
Senate,  if  it  intended  to  act  legislatively  on  the 
subject  at  all,  ought  to  have  proceeded  by  joict 
resolution,  or  by  bill,  at  that  time.    But  ii 
thought  otherwise.     The  separate  resolution 
was  adopted ;  after  adoption,  no  instruction  wit 
given  to  a  committee  to  bring  in  a  bill ;  notliini; 
was  done  to  give  legislative  cflect  to  the  dici- 1 
sion  of  the  Senate ;  and  now,  at  the  end  of  sii 
months,  the  first  attempt  is  made  to  move  in 
our  legislative  capacity,  and  to  pass  a  join*  re- 1 
solution — equivalent  to  a  statute — to  comp;!  the  I 
i-estoration  of  these  deposits.    This  is  the  stale  I 
of  the  proceeding;  and,  Mr.  B.  must  be  pennii  [ 


ANNO  1833.     ANDREW  J.\rKS<^X.  I'lll^lDKNT. 


3U7 


n<l  them  to  the  "tKir 
{lOSH  them,  tn  j)rc,<fm 

in  fjuestiuii,  if  he  wii; 

ml  track  ;  or,  in  ii|.|,.. 

vill  of  llie  le'.Mshtnn 

the  iuillii>ns  of  j.ntl. 
deposited  in  the  ioa 

1  coming  in  there,'' 

},\r.  Clay,  showiiu.'  t!,, 
itions  if  oll'ered  lu  tit 
[■ssion — their  inutilitv 
d  the  indclicary  in  the 
elf  between  the  baiil, 
icntativcs,  at  a  nidineiit 
were  standing  out  i.; 
juse,  refiisin<?  t."  he  n- 
,  and  a  motion  actiiiilly 
1  for  this  contempt.  F.r 
il  condition  c  f  the  ccr- 
Icnate  to  pass  a  resulii- 
losits  in  these  eiroim- 
part  of  the  bank  ajrains; 
its  contumacy — and  h> 
favor  of  its  re-chartir, 
toration  of  the  doposiu 
e-chai'ter  was  granted. 

sent  moment  to  bo  tlio 
that  could  have  Iw.i 
;o  restore  the  public  dc- 
ites  Dank,     Sucii  a  piv 
len  a  proper  proceeding 
if  the  session,    Ajuint 
.J  would  have  been  tlit 
have  been  followed  k 
Litionally  passed,  would 
..toratiou  of  these  dLTn?- 
18  diflercnt.     A  scparait 
in.  and  passed  the  Son- 
ic d^    It  was  a  nugatory  ] 
no  action.     It  was  such 
:,urc,  or  a  public  mtctiiK,  I 
ley  had  no  power  to  1 
But  the  Senate  had  the  1 
id,  six  months  ago.whtn 
was  brought  in,  the 
.  act  legislatively  on  the 
have  proceeded  by  joint 
at  that  time,    Lut  ii 
The  separate  resolution 
ption,  no  instruction  m 
bring  in  a  bill;  notliiK 
ative  cflect  to  the  dtci- 
i  now,  at  the  end  of  sii 
jpt  is  made  to  move  in 
,  and  to  pass  a  join*  k- 
a  statute— to  compel  the 
posits.    This  is  the  stale 
Mr.  B.  must  be  pennii  [ 


,p^  to  i.iy,  and  to  give  his  reasons  for  saying, 
jhit  tlif  time  .selected  for  thin  first  step,  in  our 
i.  ;;i«l.uive  capacity,  in  a  ca.se  so  long  dei)ending, 
i,"inHif  inappro[)riate  and  objecti<inablo.  Mr, 
It  would  not  dwell  upon  the  palpable  objections 
t.i  tliis  proceeding,  which  must  strike  every 
111.11'!.  The  advanrrd  staire  of  the  session — the 
,,7iip.)sit  ions  to  adjourn — the  i|uantityof  business 
In  liand — the  little  probahility  that  the  House 
.ml  the  I'lvsident  wouM  concur  with  the  Sen- 
ati',  or  that  two  thirds  of  the  two  Houses  could 
•v  itroiight  to  pass  the  resolution,  if  the  Preai- 
iliiit  declined  to  give  it  his  approbation.  These 
idpalile  objections  must  strike  every  mind  and 
make  it  appear  to  be  a  uselests  con.sumption  of 
time  for  the  tsenate  to  pass  the  resolution. 

••Viitiially.it  included  a  proposition  to  re- 
riiarter  the  bank ;  for  the  most  confidential 
fritnds  of  that  institution  admitted  that  it  was 
improper  to  restore  the  deposits,  unless  the  bank 
chiiittr  was  to  be  continued.  'J'ho  proposition 
to  restore  titem,  virtually  included  the  propo- 
titiiin  to  re-charter;  and  that  was  a  proposition 
which,  after  having  been  openly  made  on  this 
tlnor,  and  leave  asked  to  bring  in  a  bill  to  that 
eifcct,  had  been  abandoned,  under  the  clear  con- 
viction that  the  me.isure  could  not  pass.  Pass- 
in;'  from  these  palpable  objections,  Mr.  B.  pro- 
I'trilcd  to  state  another  reason,  of  a  dilierent 
kind,  and  which  he  held  to  be  imperative  of  the 
course  which  the  Senate  should  now  pursue :  he 
ulliuled  to  the  state  of  the  questions  at  this 
uioineut  depending  between  the  Bank  of  the 
liiited  States  and  the  House  of  Representa- 
tives, and  the  nature  of  which  exacted  from  the 
Senate  the  observance  of  a  strict  neutrality,  and 
M  absolute  non-interference  between  those 
two  bodies.  The  House  of  Kepresentatives  had 
ordered  an  inquiry  into  the  affairs  and  conduct 
of  the  bank.  The  points  of  inquiry  indicated 
misconduct  of  the  gravest  import,  and  had  been 
ordered  by  the  largest  majority,  not  less  than 
thive  or  four  to  one.  That  inquiry  was  not  yet 
tiiiished;  it  was  still  depending ;  the  committee 
j  appjiiited  to  conduct  it  remains  organized,  and 
has  only  reported  in  part.  That  report  is  be- 
fore the  Senate  and  the  public ;  and  shows  that 
the  diroctors  of  the  Bauk  of  the  United  States 
have  resisted  the  authority  of  the  House — have 
made  an  issue  of  power  between  itself  and  the 
House — for  the  trial  of  which  issue  a  resolution 
is  now  di'iwnding  in  the  House,  and  is  made  the 
order  cjf  the  day  for  Tuesday  next. 

"Here,  then,  are  two  questions  depending 
j  between  the  House  and  the  bank;  the  first, 
Ian  iitquiry  into  the  misconduct  of  the  bank ; 
[the  second,  a  proposition  to  compel  the  bank  to 
iBiibmit  to  the  authority  of  the  House.  Was  it 
Iriglit  for  the  Senate  to  interpose  between  those 
lliodies,  while  these  questions  were  depending  1 
lAVas  it  right  to  interfere  on  the  part  of  the 
llaiik?  Was  it  ri^^ht  for  the  Senate  to  leap 
Biito  the  arena,  throw  itself  between  the  con- 
tending parties,  take  sides  with  the  bank,  and 
liitually  declare  to  the  American  people  that 


there  wan  no  causae  fur  inquiry  into  tlic  conduct 
of  ttie  bank,  and  no  irrouiMl  if  ceti-iire  fur  re- 
sisting   the   aiitlunity   <.f   tl.e    Il"ii-c  .'      Such 
would,  doubt liss,  be  the  circct  of  the  cuucliift 
of  the  Senate,  if  it  should  entertain  the  i)rippii- 
sition  which  is   now  submitted   to  it.      That 
proposition  is  one  of  honor  and  contideniv  to 
the  bank.     It  proceeds  uj)on  tliu  a.'s.siiniption 
that  the  bank  is  right,  and  tlie  House  is  wrong, 
in  the  questions  now  depending  In-tween  thenj ; 
that  the  bank  has  done  nothing  to  merit  in- 
(piiry,  or  to  deserve  censure ;  and  that  the  pul>- 
lic  moneys  ought  to  be  restored  to  her  keejiiug, 
without  waiting  the  end  of  the  inve.-^tigation 
which  the  House  has  ordered,  or  the  decision 
of  the  resolution  which  affirms  that  the  b.aiik 
has  resisted  the  authority  of  the  House,  and 
committed  a  contempt  against  it.     This  is  the 
full  and  fair  interpretation — the  clear  and  .speak- 
ing effect — of  the  measure  now  proi^osed  to  the 
Senate.     Is  it  right  to  treat  the  House  thus  7 
Will  the  Senate,  virtually,  intelligibly,  and  prac- 
tically, acquit  the  bank,  when  the  bank  will  not 
acquit  itself? — will  not  suffer  its  innocence  to 
be  tested  by  the  recorded  voice  of  its  own  books, 
and  the  living  voice  of  its  own  directors  ?    These 
directors  have  refused  to  testify;  they  have 
refused  to  be  sworn ;  they  have  rcfu.sed  to 
touch  the  book ;  because,  being  directors  and 
corporators,  and  therefore  parties,  tliey  cannot 
be  required  to  give  evidence  against  themselves. 
And  this  refusal,  the  public  v-,  .-ravely  told,  is 
made  upon  the  advice  of  eminent  coi.isel.  What 
counsel  1    The  counsel  of  the  law,  oi  of  fear  ? 
Certainly,  no  lawyer — not  even  a  junior  appren- 
tice to  the  law — could  give  such  advice.     The 
right  to  stand  mute,  does  not  extend  to  the 
privilege  of  refusing  to  be  sworn.    The  right 
does  not  attach  until  after  the  oath  is  taken, 
and  is  then  limited  to  the  specific  <iuestion,  the 
answer  to  which  might  inculpate  the  witness, 
and  which  he  may  refuse  to  answer,  because  lie 
will  say,  upon  his  oath,  that  the  answer  will 
criminate  himself.     But  these  bank  directors 
refuse  to  be  sworn  at  all.    They  refuse  to  touch 
the  book ;  and,  in  that  refusal,  commit  a  flagrant 
contempt  against  the  House  of  Kepresentatives, 
and  do  an  act  for  which  any  citizen  would  be 
sent  to  jail  by  any  justice  of  the  peace  iu  Ame- 
rica.   And  is  the  Senate  to  justify  the  directors 
for  this  contempt?  to  get  between  them  and 
the  House  ?  to  adopt  a  resolution  beforehand — 
before  the  day  fixed  for  the  decision  of  the  con- 
tempt, which  shall  throw  the  weight  of  tlio 
Senate  into  the  scale  of  the  directors  against 
the  House,  and  virtually  declare  that  they  are 
right  in  refusing  to  be  sworn  ?  " 

The  resolutions  were,  nevertheless,  adopted, 
and  by  the  fixed  majority  of  twenty-eight  to 
eighteen,  and  sent  to  the  House  of  Ueprc  senta- 
tives  for  concurrence,  where  they  met  the  fate 
which  all  knew  they  were  to  receive.  The 
House  did  not  even  take  them  up  for  considera- 


308 


TIIIKTY  YF.ARS'  \\K\V. 


u 


h  Ik  II. 


(is  Ii-^ 


tion.  liiif  rontiiiiic'l  tlic  rorrso  wliich  it  hiul  }>c- 
pin  nt  the  roininciiPcnipnt  of  the  session ;  and 
which  «!iH  in  exact  conformity  to  the  lepjisla- 
tive  coiiiKe,  and  exactly  contrary  to  the  course 
of  the  Senate.  Tlie  report  of  the  Secretary  of 
the  Treasury,  the  memorial  of  the  hank,  and 
that  of  the  ^rovernment  directors,  were  all  refer- 
red to  the  Coinniittec  nt  ^V'ays  and  Means ;  and 
hy  that  committee  a  report  was  made,  by  their 
chairman,  Mr.  Polk,  sustaininj;  the  action  of 
the  Secretary,  and  concluding  with  the  four  fol- 
lowing resolutions : 

"1.  Hesolved.  Ihut  the  Bank  of  the  United 
States  oupht  not  to  Ix;  re-chartered. 

"  2.  Jffsoln.'d,  That  the  public  deposits  ought 
not  to  be  restored  to  the  Jiank  of  the  United 
States. 

"  3.  Ifesolved,  That  the  State  banks  ought  to 
be  continued  as  the  places  of  deposit  of  the 
public  money,  and  that  it  is  expedient  for  Con- 
gress to  make  further  provision  by  law,  pre- 
scribing the  mode  of  selection,  the  securities  to 
be  taken,  and  the  manner  and  terms  on  which 
they  are  to  be  employed, 

"  4.  licsolvcd,  That,  for  the  purpose  of  ascer- 
taining, as  far  as  practicable,  the  cause  of  the 
commercial  embarrassment  and  distress  com- 
plained of  by  numerous  citizens  of  the  United 
States,  in  sundry  memorials  which  have  been 
presented  to  Congress  at  the  present  session, 
and  of  inquiring  whether  the  charter  of  the 
Bank  of  the  United  States  has  been  violated ; 
and,  alsOj  what  corruptions  and  abuses  have  ex- 
isted in  its  management ;  whether  it  has  used 
its  corporate  power  or  money  to  control  the 
press,  to  interfere  iu  politics,  or  influence  elec- 
tions ;  and  whethc  it  has  had  any  agency, 
through  its  management  or  money,  in  producing 
the  existing  pressure;  a  select  committee  be 
appointed  to  inspect  the  books  and  examine 
into  the  proceedings  of  the  said  bank,  who  shall 
report  whether  the  provisions  of  tne  charter 
have  been  violated  or  not;  and,  also,  what 
abuses,  corruptions,  or  malpractices  have  ex- 
isted in  the  management  of  said  bank  ;  and  that 
the  said  committee  be  autiiorized  to  send  for 
persons  and  papers,  and  to  summon  and  examine 
witnesHi's,  on  oath,  and  t(j  examine  into  the 
aft'airs  of  the  said  bank  and  branches  ;  and  thej' 
are  further  authorized  to  visit  the  principal 
bank,  or  any  of  its  branches,  for  the  purpose  of 
inspecting  the  books,  correspondence,  accounts, 
and  other  papers  connected  with  its  manage- 
ment or  business  ;  and  that  the  said  committee 
l)e  requiix;d  to  report  the  result  of  such  inves- 
tigation, together  with  the  evidence  they  ma}' 
take,  at  as  early  a  day  as  practicable." 

These  resolutions  were  long  and  vehemently 
debated,  and  eventually,  each  and  every  one, 
adopted  by  decided,  and  some  by  a  great  ma- 


jority. The  first  one,  }>cing  that  np^m  th. 
question  of  the  rcchartor,  was  carried  Iv  > 
majority  of  more  than  fifty  votes — 134  to  82 
showing  an  immense  difference  to  the  prejuclic.- 
of  the  bank  since  the  veto  session  of  18''2.  The 
names  of  the  voters  on  this  great  qucfition,  ^o 
long  debated  in  every  form  in  the  halls  ,,f 
Congress,  the  chambers  of  the  State  legisjaiiirc* 
and  in  the  forum  of  the  people,  desene  to  \v 
commemorated — and  are  as  follows : 

"Yeas. — Messrs.  John  Adams,  William  All'n, 
Anthony.  Archer,«Beale,  Bean,  Beardslcy.  Wnv^. 
mont,  John  Bell,  John  Blair,  Bockeo.  JJom, 
Bouldin,  Brown,  Bunch,  Bynum,  Cambrelmirl 
Campbell,  Carmichael,  Carr,  Casey,  Chanev] 
Chinn,  Claiborne,  Samuel  Clark,  Clay,  Clayton. 
Clowney,  Coffee,  Connor,  Cramer,  W.  \\.  Davi<^ 
Davenport,  Day,  Dickerson,  Dickinson,  Dunlap 
Felder,  Forester,  Foster,  W,  K.  Fuller,  Fulton! 
Galbraith,  Gholson,  Gillet,  Gilmer,  Gordon 
Grayson,  Griffin,  Jos,  Hall,  T,  H,  Hall,  Halsev! 
Hamer,  Hannegan,  Jos,  M,  Harper,  Harrison, 
Hathaway,  Hawkins,  Hawes,  Heath,  Ilcndersfin! 
Howell,  Hubbard,  Abel  Huntington,  Inge.  Jar- 
vis,  Richard  M,  Johnson,  Noodiah  Johnson. 
Cave  Johnson,  Seaborn  Jones,  Benjamin  Jonc,*, 
Kavanagh,  Kinnard,  Lane,  Lansing,  Laporic, 
La\vrence,  Lay,  Luke  Lea,  Thomas  Lee,  Leavitt 
Loyall,  Lucas,  Lyon,  Lytle,  Abijah  Mann.  Jul 
K.  Mann,  Mardis,  John  Y,  Mason,  Mosos  Ma- 
son, Mclntire,  McKay,  McKinley,  McLini. 
McVean,  Miller,  Henry  Mitchell,  Robert  Mi- 
chel!, Muhlenberg,  Murphy,  Osgood,  PaiM. 
Parks,  Parker,  Patterson,  D,  J,  Pearce,  Pey- 
ton, Franklin  Pierce,  Pierson,  Pinckney,  Plnm- 
mer,  Polk,  Rencher,  Schenck,  Schley,  Shinii 
Smith,  Speight,  Standifer,  Stoddert,  Suflier 
land,  William  Taylor,  Wm.  P,  Taylor,  Fran- 
cis Thomas,  Thomson,  Turner,  Turrill,  Van- 
derpoel,  Wagener,  Ward,  Wardwell,  Wayne, 
Webster,  Whallon,— 134, 

"Nays, — Messrs,  John  v^.-ncy  Adams,  John 
J.  Allen,  Heman  Allen,  Chilton  Allan,  Ashiev, 
Banks,  Barber,  Bamitz,  Ban'inger,  BaylieV 
Beaty,  James  JL  Bell,  Binney,  Briggs,  Bull 
Burges,  Cage,  Chambers,  Chilton,  Choate,  Wil 
liam  Clark,  Corwin,  Coulter,  Crane,  CrockKt 
Darlington,  Amos  Davis,  Deberry,  Dcmini: 
Denny,  Dennis,  Dickson,  Duncar,  Illlswortli, 
Evans,  Edward  Everett,  Horace  Everett,  Fill- 
more, Foot,  Philo  C,  Fuller,  Graham,  Grcnnel, 
Hiland  Hall,  Hard,  Hardin,  James  ilarpcr, 
Hazeltine,  Jabcz  W,  Huntington.  Jacftsoa 
William  C.  Johnson,  Lincoln,  Martindalc,  Ma^ 
shall,  McCarty,  McComas,  McDuffie,  McKcnnm 
Mercer,  Milligan,  Mooro,  Pope,  Potts,  \\k\ 
William  B.  Shepherd,  Aug,  H,  Sheppertl,  Wil- 
liam Slade,  Charles  Slade,  Sloanc,  Spnnpler 
Philemon  Thomas,  Tompkii.s,  Tweedy,  Vancej  I 
Vinton,  Watmough,  Edwanl  f*  White.  Fred- 
erick SVhittlcsey,  Elisha  Whittlesey,  AViida 
Williams,  Wilson,  Young.— 82." 


ANNO  isn.r     ANDRI       .TACKSON,  rilFSIDKNT. 


3<)9 


n,  Duncar,  JEllswortli, 


Tlie  KToiid  ami  third  resolutions  were  carried 
l,v  Eotxi  majoritiert.  and  the  fourth  overwhilni- 
,,„lv_17.'i  to  42.  Mr.  Polk  iinnieiliately  moved 
the  ajipxiiitmont  of  the  committee,  and  that  it 
ciusist  of  neven  members.  It  was  appointed 
.u-conlinply,  and  consisteil  of  Messrs.  Francis 
Tlioina.'i  of  Maryland,  chairman ;  Everett  of 
Massachusetts  ;  Muhlenber(»  of  Pennsylvania ; 
Juhn  Y.  Mason  of  Virpinia ;  Ellsw  orth  of  Con- 
nicticut ;  Mann  of  New-York  ;  and  Lytle  of 
Uiiio.  The  proceedings  of  this  committee,  and 
the  reception  it  met  with  from  the  bank,  will 
lie  the  subject  of  a  future  and  separate  chapter. 
I'mlcr  the  third  resolution  the  Committee  of 
)Vays  and  Means  soon  brought  in  a  bill  in  con- 
fumiity  to  its  provisions,  which  was  passed  by 
a  majority  of  22,  that  is  to  say,  by  112  votes 
ayainst  90.  And  thus  all  the  conduct  of  the 
I'refident  in  relation  to  the  bank,  received  the 
full  sanction  of  the  popular  representation ;  and 
presented  the  singular  spectacle  of  full  support 
in  one  House,  and  that  one  specially  charged 
with  the  subject,  while  meeting  condemnation 
in  the  other. 


CHAPTER    XCVII. 

I  CALL  ON  THE  TRESIDENT  FOK  A  COPT  OF  THE 
"PArEU  UEAD  TO  THE  CABINET." 

I  In  the  first  day."?  of  the  session  Mr.  Clay  sub- 
I  raittcd  a  resolution,  calling  on  the  President  to 
inform  the  Senate  whether  the  "  paper,"  pub- 
I  lished  as  alleged  by  his  authority,  and  purporting 
I  to  have  been  read  to  the  cabinet  in  relation  to 
[the  removal  of  the  deposits,  "be  genuine  or 
Cnot;"  and  if  it  be  "genuine,"  requesting  him 
Ito  cause  a  copy  of  it  to  be  laid  before  the  Senate. 
[Mr.  Forsyth  considered  this  an  unusual  call,  and 
jMished  to  know  for  what  purpose  it  was  made. 
[He  presumed  no  one  had  any  doubt  of  the  au- 
thenticity of  the  published  copy.    lie  certainly 
|had  not.    Mr.  Clay  justified  his  call   on  the 
fround  that  the  "  paper  "  had  been  published — 
had  become  public — and  was  a  thing  of  general 
uotoriety.    If  otherwise,  and  it  had  remained  a 
onfidential  communication  to  his  cabinet,  he 
ertainly  should  not  ask  for  it ;  but  not  an- 
swering as  to  the  use  he  proposed  to  make  of 
It,  Mr.  Forsyth  returned  to  that  point,  and  said 


I  he  could  inupino  that  one  brnnchof  the  le^j;!.*- 
I  lature  uiuicr  certain  cirounistamvs  miplit  have 
I  a  ripht  to  call  for  it  ;  but  the  .*^niiito  wa-;  wt 
I  that  branch.  If  the  pajitr  wa.s  ti>  la-  tho  ground 
of  a  criminal  charge  against  the  President,  and 
upon  which  he  is  to  be  bmuplit  to  trial,  it 
should  come  from  the  House  f)f  lu  prtsontatives, 
with  the  charges  on  which  he  was  to  Ik?  tried. 
Mr.  Clay  rejoined,  that  as  to  the  tiKcs  which 
were  to  lie  made  of  this  "paper  "  nothing  seemed 
to  run  in  the  head  of  the  Senator  from  Georgia 
but  an  impeachment.  This  seemed  to  \>e  the 
only  idea  he  could  connect  with  the  call.  But 
there  were  many  other  puqioses  for  which  it 
might  be  used,  and  he  htul  never  intended  to 
make  it  the  ground  of  impeachment.  It  might 
show  who  was  the  real  author  of  the  removal 
of  the  deposits — whether  the  President,  or  the 
Secretary  of  the  Treasury  ?  and  ..iiether  this 
latter  might  not  have  been  a  mere  automaton. 
Mr.  Benton  said  there  was  no  parliamentary 
use  that  could  be  made  of  it,  and  no  such  use 
had  been,  or  could  be  specified.  Only  two  uses 
can  be  made  of  a  paper  that  may  be  rightfully 
ca'Ued  for — one  for  legislation ;  the  other  for 
impeachment ;  and  not  even  in  the  latter  case 
when  self-crimination  was  intended.  No  legis- 
lative use  is  intimated  for  this  one ;  and  the 
criminal  use  is  disavowed,  and  is  obliged  to  be, 
as  the  Senate  is  the  tribunal  to  trj*,  not  the 
inquest  to  originate  impeachments.  But  this 
paper  cannot  be  rightfully  called  for.  It  is  a  com- 
munication to  a  cabinet ;  and  communications  to 
the  cabinet  are  the  same  whether  in  writing,  or 
in  a  speech.  It  is  all  parol.  Could  the  copy  of 
a  speech  ir  de  to  the  cabinet  be  called  for? 
Could  an  account  of  the  President's  conversation 
with  his  cabinet  be  called  for  ?  Certainly  not ! 
and  there  is  no  dificrence  botween  the  written 
and  the  spoken  communication — between  the 
set  speech  and  a  conversation — between  a  thing 
made  public,  or  kept  secret.  The  President  may 
refuse  to  give  the  copy ;  and  certainly  will  consult 
his  rights  and  his  self-respect  by  so  refusing.  As 
for  the  contents  of  the  paper,  he  has  given  them 
to  the  country,  and  courts  the  judgment  of  the 
country  upon  it.  He  avows  his  act — gives  his 
reasons — and  leaves  it  to  all  to  judge.  He  is 
not  a  man  of  concealments,  or  of  inesponsibilit)'. 
He  gave  the  paper  to  the  public  instantly,  and 
authentically,  with  his  name  fully  fiigiied  to  it } 
and  any  one  can  say  what  they  please  of  it.  If 


!    *! 


>^." 


•i 


ik 


n 


400 


TiiiUTV  vr.AMs'  vn;\v. 


\h  'I*""" 


it  is  «-iinti''l  r<ir  nn  inviTtivc.  or  philippic,  tliorc  it 
is!  ic.'uly  I'"!'  ii''!',  ami  sfckin^  no  sliellcr  for 
wiint  (iC  jiiitii:  iiticity.  It  is  jjivcn  to  the  world, 
and  is  oxjuclcd  to  Htaiid  the  test  ofull  cxniniim- 
tion.  .Mr.  Foi  yth  nsked  the  yeas  and  nay.s  on 
Mr.  Clay's  cull;  thiy  were  onlcreil;  ami  the 
resolution  past;ed  by  2.'{  to  IH.  The  next  day 
the  Presitlcnt  replied  to  it,  and  to  the  cflcctthat 
was  generally  foreseen.  lie  declared  the  Execu- 
tive to  be  a  co-ordinate  branch  of  the  government, 
and  denied  the  rifrht  of  the  Senate  to  call  upon 
him  for  any  copiu.s  of  his  communications  to  his 
cabinet — either  written  or. «poker.  Feeling  his 
responsibility  to  the  American  people,  ho  said 
he  shoild  be  always  ready  to  explain  to  them 
his  conduct ;  knowing  the  constitutional  rights 
of  the  Senate,  he  should  never  withhold  from  it 
any  information  in  his  power  to  give,  and  neces- 
sary to  the  discharge  of  its  duties.  This  was 
the  end  of  the  call ;  and  such  an  end  was  the 
full  proof  that  it  ought  not  to  have  been  made. 
No  act  could  be  predicated  upon  it — no  action 
taken  on  its  communication — none  upon  the  re- 
fusal, either  of  censure  or  coercion.  The  Pres- 
ident stood  upon  his  rights ;  and  the  Senate 
could  not,  and  did  not,  say  that  he  was  wrong. 
The  call  was  a  wrong  step,  and  gave  the  Pres- 
ident an  easy  and  a  graceful  victory. 


CHAPTER    XCVIII. 

MFSTAKES  OF  PUBUC  MKN:— GREAT  COMBI- 
NATION' AOAlNSr  OKNKKAL  JACKSON  :—tOM- 
MEN'CE.MENT  01'  THE  TANIO. 

In  the  year  1783,  Mr.  Fox,  the  great  parlia- 
mentary debater  was  iu  the  zenith  of  his  power 
and  popularity,  and  the  victorious  leader  in  the 
House  of  Commons.  He  gave  offence  to  the 
King,  and  '•.  -^  dismised  from  the  ministry,  and 
immediately  formed  a  coalition  with  Lord  North ; 
and  co"-uenced  a  violent  opposiiion  to  the  acts 
of  the  government.  Patriotism,  kve  of  liberty, 
hatred  of  misrule  and  oppression,  were  the 
avowed  objects  of  his  attacks ;  "  but  every  one 
saw  (to  adopt  the  language  of  history),  that 
the  rer.l  difficulty  was  hie  own  exclusion  from 
office ;  and  that  his  coalition  with  his  old  enemy 
and  all  these  violent  assaults,  were  only  to  force 


'  himself  back  into  pftwer:  and  this  U-in;:  hc,  ;, 
his  eflorts  l)erame  unavailing,  and  distnt^trful  t., 
the  public;  and  he  lout  liis  jxiweraiid  iiiiiu(nr,. 
with  the  people,  and  sunk  his  friends  with  lum 
More  than  one  hundred  and  sixty  of  his  support, 
crs  in  the  House  of  Commons,  lost  their  plnr(« 
at  the  ensuing  election,  and  wcie  sportively  cfj]. 
ed  "  Fox's  Martyrs  ; "  and  when  they  had  a  ]ip,. 
cession  in  London,  wearing  the  tail,*  of  foxes  In 
their  hats,  and  some  one  wondered  where  so  m.inv 
tails  of  that  animal  had  come  from,  Jlr,  Pitt 
slyly  .said  a  great  many  foxes  had  been  laulv 
taken :  one,  upon  an  average,  in  every  boroush. 
Mr.  Fox,  young  at  that  time,  lived  to  recover 
from  this  prostration  ;  but  his  mistake  was  ont 
of  those  of  which  history  is  full,  and  the  Icffon 
of  which  is  in  vain  read  to  succeeding  genera- 
tions. Public  men  continue  to  attack  their  .nl. 
versaries  in  power,  and  oppose  their  measures, 
while  having  private  griefs  of  their  own  to  re- 
dress, and  personal  ends  of  their  own  to  accom- 
plish ;  and  the  instinctive  sagacity  of  the  peojilA 
always  sees  the  smister  motive,  and  condemns 
the  conduct  founded  upon  it. 

Mr.  Clay,  Mr.  Calhoun,  and  Mr.  Webster  were 
now  all  united  against  General  Jackson,  with 
all  their  friends,  and  the  Bank  of  the  UniM 
States.  The  two  former  had  their  private  grief>: 
Mr.  Clay  in  the  results  of  the  election,  and  .Mr. 
Calhoun  in  the  quarrel  growing  out  of  the  dij- 
covery  of  his  conduct  in  Mr.  Monroe's  cabinet; 
and  it  would  have  been  difficult  so  to  have  con- 
ducted their  opposition,  and  attack,  as  to  have 
avoided  the  imputation  of  a  personal  motive.  | 
But  they  so  conducted  it  as  to  authorize  and 
suggest  that  imputation.  Their  movements  all 
took  a  personal  and  vindictive,  instead  of  a  legis- 
lative and  remedial,  nature.  Mr.  Taney's  reasons 
for  removing  the  deposits  were  declared  to  U  [ 
"  unsatisfactory  and  insufficient " — being  words 
of  reproach,  and  no  remedy ;  nor  wa.s  the  reme- 1 
dy  of  restoration  proposed  until  dritea  into  it 
The  resolution,  in  relation  to  Gen.  Jackson,  wu 
still  more  objectionable.  The  Senate  had  nothin; 
to  do  with  him  p:;rsonally,  yet  a  resolve  vt-as 
proposed  against  him  entii-ely  personal,  charginj 
him  with  violating  the  laws  and  the  constitutioD; 
and  proposing  no  remedy  for  this  imputed  vio  I 
lation,  nor  for  the  act  of  which  it  was  tVe  sub- 
ject It  was  purely  and  simply  a  personal  cen- 
sure— a  personal  cordemnation  that  was  pro- 
posed ;  and,  to  aggravf.e  the  propo.sition,  itcann 


ANXO  18:13.     ANMU'W  JACKS" 'N.  nH'-SlDENT. 


401 


;:,  nn<i  ilistahtcful  t., 
jM)\veraii(l  iiillmnr.. 
lis  fricmls  '.villi  him. 
sixty  of  hia  support- 
ons,  lost  their  phf* 
wcic  sportivt'ly  call- 
srhcn  they  had  a  pn- 
the  tails  of  foxes  in 
ideredv-'here  so  mmx 
come  from,  Mr.  Pitt 
oxcs  had  been  lately 
Iff},  in  every  borough. 
ime,  lived  to  recover 
t  hia  mistake  was  om 
is  full,  and  the  Icpfon 
to  succeeding  genen- 
lue  to  attack  their  ad- 
jppose  their  measures, 
fs  of  their  own  to  rc- 
af  their  own  to  accora- 
1  sagacity  of  the  pcfijijo 
motive,  and  condemn! 
lit. 

,  and  Mr.  Webster  were 
General  Jackson,  with 
ic  Bank  of  the  Unite<l 
irtd  their  private  grief-; 
>f  the  election,  and  Mr, 
;rowing  out  of  the  dij- 
!ilr.  Monroe's  cabinet; 
iifficult  so  to  have  con- 
and  attack,  as  to  have 
of  a  personal  motive. 
it  as  to  authorize  and  I 
Their  movements  all  ] 
ictive,  instead  of  a  Icgis- 
re.   Mr.  Taney's  reasons  | 
its  were  declared  to  be 
ufBcient  "—being  words 
edy  ;  nor  wa.s  the  remc- 
ied  until  driten  into  it 
)n  to  Gen.  Jackson,  was 
The  Senate  had  nothing 
ally,  yet  a  resolve  was 
tiivly  personal,  chargin; 
ws  and  the  constitution; 
Jy  for  this  imputed  vio- 
f  which  it  was  the  snb- 
d  simply  a  personal  cen- 
imnation  that  was  pro- 
!  the  proposition,  it  cami 


•  ir>'  nu'- 


frum  the  (iiipj^vstion  of  the  bank  dirt 
(n„n»l  to  Congn-.-'s. 

Tiie  ci)iiit>iiiation  was  formiilaljli-.     Tlie  lank 
j-jiflf  wius  a  great  power,  and  was  iil)K'  to  carry 
Jstress  iiito  all  the  bii; 'ncss  dipartment.*  of  the 
c  mntrv  ;  the  political  array  against  tla-  President 
was  uniiricfdented  in  jioiiit  of  niniiber,  and  gn-nt 
ill  point  of  ability.    Besides  the  three  eminent 
chiefB,  there  were,  in  the  Senate:  Messrs.  Bibb 
if  Kentucky- ;  Kzekiel  Chamljeis  of  .Marjl.md; 
Clavtcii  of  Delaware;   Ewing  of  Ohio;   Frec- 
lin^huycon  of  New  Jersey ;  Watkins  Lei;;h  of 
Virginia;  Mangumof  North  Carolina;  Poiiule.x- 
tir  of  Missi.s.sippi ;  Alexander  Porter  of  Louisi- 
ana; William  C.  Prtston  of  South  Carolina; 
Suuthavd  of  New  Jersey;  Tyler  of  Virginia. 
In  the  House  of  llepresentatives,  besides  the 
lOc-Prcsident,  Mr.  Adams,  and  the  eminent  jurist 
from  Penn.sylvania,  Mr.  Horace  Binney,  there 
nas  a  h^ng  catalogue  of  able  speakers ;  Messrs. 
Archer  of  Virginia ;  Bell  of  Tennes.see ;  Burgess 
of  Kbodo  Island ;  Rufus  Choate  of  Massachu- 
setts; Corwin  of  Ohio;  Warren  R.  Davis  of 
Suuih  Carolina ;  John  Davis  of  Massachusetts ; 
I  EJwai J  Everett  of  Massachusetts ;  Millard  Fill- 
nwre  of  New-York,  afterwards  President ;  Ro- 
licrt  P.  Letcher  of  Kentucky ;  Benjamin  Hardin 
of  Kentucky;  McDuffieof  South  Carolina;  Pey- 
ton of  Tennessee ;  Vance  of  Ohio ;  Wilde  of 
Georgia;  Wise  of  Virginia:  in  all,  above  thirty 
able  speakers,  many  of  whom  spoke  many  times ; 
1  besides  many  others  of  good  ability,  but  with- 
lout  extensive  national  reputations.    The  busi- 
Inessof  the  combination  was  divided — distress 
land  panic  the  object — and  the  parts  distributed, 
land  separately  cast  to  produce  the  effect.    The 
[bank  was  to  make  the  distress — a  thing  easy  for 
lit  to  do,  from  its  own  moneyed  power,  and  its 
ower  over   other   moneyed  institutions   and 
noncy  dealers ;  also  to  get  up  distress  meetings 
|and  memorials,  and  to  lead  the  public  prc^s :  the 
oliticians  were  to  make  the  panic,  by  the  alarms 
irhich  they  created  for  the  safety  of  the  laws,  of 
Ihe  constitul!  ?..  the  public  liberty,  and  the  pub- 
lic money :  and  most  zealously  did  each  division 
bf  the  combination  perform  its  part,  and  for  the 
oDg  f-eriod  of  three  full  months.    The  deci-sion 
Vol.  I.— 26    . 


i>f  the  resolution  condemnini;  Cn'noral  .Jackson, 
on  which  all  this  machinery  of  di.strvKs  and  panio 
WHS  hiinjr,  rctinircil  no  part  of  that  time.  Then' 
was  the  sanic  iiiiijiiiity  'u  voto  it  the  first  day 
OS  the  last ;  but  the  time  was  wanted  to  get  up 
the  alarm  and  the  distress  ;  and  the  vote,  when 
taken,  was  not  from  any  exhaustion  of  the  means 
of  terrifying  and  agonizing  the  cojntry,  but  for 
the  purpose  of  having  the  .sentence  of  conilem- 
natioii  ready  for  the  Virginia  elections — ready 
for  spreading  over  Virginia  at  the  approach  of 
the  April  elections.  The  end  proposed  to  them- 
selves by  the  combined  parties,  wa.s,  for  the  bank, 
a  recharter  and  the  restoration  of  the  deposits ; 
for  the  politicians,  an  ascent  to  power  upon  the 
overthrow  of  Jackson. 

.  The  friends  of  General  Jackson  saw  the  ad- 
vantages which  were  presented  to  them  in  the 
unhallowed  combination  between  the  moneyed 
and  a  political  power — in  the  personal  and  vin- 
dictive character  which  they  gave  to  the  pro- 
ceedings— the  private  griefs  of  the  leading  as- 
sailants— the  unworthy  objects  to  be  attained 
— and  the  cruel  means  to  be  used  for  their  at- 
tainment. These  friends  were  also  numerous, 
zealous,  able,  determined  ;  and  animated  by  the 
consciousness  that  they  were  on  the  side  of 
their  country.  They  were,  in  the  Senate  : — 
Messrs.  Forsyth  of  Georgia ;  Grundy  of  Ten- 
nessee ;  Ilill  of  New  Hampshire ;  Kane  of  Illi- 
nois ;  King  of  Alabama ;  Rives  of  Virginia ; 
Nathaniel  Tallma'ge  of  New  York;  Hugh  L. 
White  of  Tennessee ;  Wilkins  of  Penn.sylvania ; 
Silas  Wright  of  New-York  ;  and  thi  author  of 
this  Thirty  Years'  View.  In  tlie  House, 
were : — Messrs.  Beardsley  of  New- York ;  Cam- 
brelcng  of  New-York ;  Clay  of  Alabama ;  Gil- 
lett  of  New- York ;  Hubbard  of  New  Hamp- 
shire ;  McKay  of  North  Carolina ;  Polk  of 
Tennessee;  Francis  Thomas  of  Maryland;  Van- 
derpoel  of  New-York  ;  and  Wayne  of  Georgia. 

Mr.  Clay  opened  the  debate  in  a  prepared 
speech,  commencing  in  the  style  which  the  rhe- 
toricians call  ex  abruptu — being  the  style  of 
opening  which  the  occasion  required — that  of 
rousing  and  alarming  the  passions.  It  will  b  j 
found  (its  essential  parts)  in  the  next  chapter. 


I 


t;:> 


p. 

1  ■  '■ 

t    t 


402 


TlIIK'n'  YEARS*  VIEW. 


I 


4 


■■■£ 

■M 


CIIAPTKIl    XCIX. 

MFC  CLAY'S  SPKK'II  AOAINST  I'HVSIIJKNT  JACK- 
BON  ON  TIIK  UKMOVAI,  or  TIIK  I)K1'081TS-K.\- 
TKACTS. 

"  Mr.  Ct.AV  mldrcsficd  llic  Senate  ns  follows  : 
We  are,  Fai<l  4)0,  in  the  midst  of  a  revolution, 
liitlicrto  bloodless,  but  rapidly  tending  towards 
a  total  clianKC  of  the  pure  republican  character 
of  the  povemment,  and  to  the  concentration  of 
all  power  in  the  hands  of  one  man.  The  powers 
of  Conprcss  are  paralyzed,  except  when  exerted 
in  conformity  with  his  will,  by  frequent  and  an 
extraordinary  exercise  of  the  executive  veto,  not 
anticipated  by  the  founders  of  the  constitution, 
and  not  practised  by  any  of  the  predecessors  of 
the  present  Chief  Magistrate.  And,  to  cramp 
them  still  more,  a  new  expedient  is  springing 
into  use,  of  withholding  altogether  bills  which 
have  received  the  sanction  of  both  Houses  of 
Congress,  thereby  cutting  off  all  opportunity 
of  passing  them,  even  if,  after  their  return,  the 
members  .should  be  unanimous  in  their  favor. 
The  constitutional  participation  of  the  Senate 
in  the  appointing  power  is  virtually  abolished, 
by  the  constant  use  of  the  power  of  removal 
from  office  without  any  known  cause,  and  by 
the  appointment  of  the  same  individual  to  the 
same  office,  after  his  rejection  by  the  Senate. 
How  often  have  we,  senators,  felt  that  the 
check  cf  the  Senate,  instead  of  being,  as  the 
constitution  intended,  a  sal  '.tary  control,  was 
an  idle  ceremony  ?  How  often,  when  acting  on 
the  case  of  the  nominated  successor,  have  we 
felt  the  injustice  of  the  removal  ?  How  often 
have  we  said  to  each  other,  well,  what  can  we 
do?  the  office  cannot  remain  vacant  without 
prejudice  to  the  public  interests  ;  and,  if  we  re- 
ject the  proposed  substitute,  we  cannot  restore 
the  displace!,  and  perhaps  some  more  unworthy 
man  may  be  nominated. 

"  The  judiciary  has  not  been  exempted  from 
the  prevailing  rage  for  innovation.  Decisions 
of  the  tribunals,  deliberately  pronounced,  have 
been  contemptuously  disregarded,  and  the  sanc- 
tity of  numerous  treaties  openly  violated.  Our 
Indian  relations,  coeval  with  the  existence  of 
the  government,  and  recognized  and  established 
by  numerous  laws  and  treaties,  have  been  sub- 
verted ;  the  rights  of  the  helpless  and  unfortu- 
nate aborigines  trampled  in  the  dust,  and  they 
brought  under  subjection  to  unknown  laws,  in 
which  they  have  no  voice,  promulgated  in  an 
unknown  language.  The  most  extensive  and 
most  valuable  public  domain  that  ever  fell  to 
the  lot  of  one  nation  is  threatened  with  a  total 
sacrifice.  The  general  currency  of  the  country, 
(he  life-Uood  of  all  its  business,  is  in  the  most 
imminent  danger  of  universal  disorder  and  con- 
fusion. The  power  of  internal  improvement  lies 
irushed  beneath  the  veto.    The  system  of  pro- 


tection of  American  industrv  was  Fnatrhed  frf,rc 
impending  destruction  nt  ilio  lattt  sostilon  ;  l,,,, 
we  are  now  coolly  told  bv  the  .Secretary  of  tl , 
Treasury,  without  a  liliish,  'that  it  it  und(Tst(i.  ,| 
to  Ije  conceded  on  nil  hituiln  that  •  tariff  f,,. 
protection  men-ly  is  to  be  finally  almndoncj  ^ 
Hy  the  'M\  of  March,  1837,  if  the  propren.i  of  in. 
novation  continue,  there  will  bo  scarciiy  a  vtv. 
tige  remaining  of  the  government  and  its  lolirv 
ns  thoy  existe<l  prior  to  the  3d  of  March.  \W«\ 
In  a  term  of  years,  a  little  more  than  equal "t„ 
th.at  which  was  required  to  establish  our  litirr. 
ties,  the  government  will  have  been  traii.-fonnid 
into  an  elective  monarchy — the  worst  of  ui] 
forms  of  government. 

"  Such  is  a  melancholy  but  faithful  picture  ( f 
the  present  condition  of  our  public  affairs,  it 
is  not  sketched  or  exhibited  to  excite,  here  ( r 
elsewhere,  irritated  feeling  ;  I  have  no  such 
purpose.  I  would,  on  the  contrary,  implore  the 
Senate  and  the  people  to  discard  ill  passion  aiH 
prejudice,  and  to  look  calmly  but  resolutciv 
upon  the  actual  stale  of  the  constitution  anil 
the  country.  Although  I  bring  into  the  Senate 
the  same  unabated  spirit,  and  the  same  firm  do- 
termination,  which  have  ever  guided  me  in  the 
support  of  civil  liberty,  and  the  defence  of  our 
constitution,  I  contemplate  the  prospect  l)cfore 
us  with  feelings  of  deep  humiliation  and  pro- 
found mortification. 

"  It  is  not  among  the  least  unfortunate  symp. 
toms  of  the  times,  that  a  large  proportion  of 
the  good  and  enlightened  men  of  the  Ur.ion,  of 
all  parties,  are  yielding  to  sentiments  of  despon- 
dency.    There  is,  unhappily,  a  feeling  of  dis- 
trust and  insecurity  perrading  the  communitv. 
Many  of  our  best  citizens  entertain  serious  ap- 
prehensions that  our  Union  and  our  institutions 
are  destined  to  a  speedy  overthrow.     Sir,  I 
trust  that  the  hopes  and  confidence  of  the  coun- 
try will  revive.     There  is  much  occasion  for 
manly  independence  and  patriotic  vigor,  but 
none  for  despair.    Thank  God,  we  are  yet  fite;  1 
and,  if  we  put  on  the  chains  which  are  foiling 
for  us,  it  will  be  because  we  deserve  to  wear 
them.    We  should  never  despair  of  the  repub- 
lic.   If  our  ancestors  had  been  capable  of  sur- 
rendering  themselves  to  such   ignoble  senti- 
ments,   our    independence   and    our   liberties 
would  never  have  been  achieved.    The  winter 
of  1776-'77,  was  one  of  the  gloomiest  periods 
of  our  revolution ;  but  on  this  day,  fifty-seven 
years  ago,  the  father  of  his  country  achieved « 
glorious  victory,  which  diffused  joy,  and  glad- 
ness, and  animation    throughout  the  States, 
Let  us  cherish  the  hope  that,  since  he  has  gone 
from  among  us.  Providence,  m  the  dispensation 
of  hi   mercies,  has  near  at  hand,  in  resene  for 
us,  though  yet  unseen  by  us,  some  sure  ri  I 
happy  deliverance  from  all  impending  dangers,  I 

"  When  we  assembled  here  last  year,  we  were 

full  of  dreadful  forebodings.    On  the  one  hani  I 

we  were  menaced  with  a  civil  war,  which,  light- [ 

ing  up  in  a  single  State,  might  spread  its  flames  | 

I  throughout  one  of  the  largest  sections  of  tiKl 


ANNO  isna.     ANDREW  JAfKSON,  I'la^IKKNT. 


4o:) 


I'nion.  On  the  other,  n  rhorii<he<l  ^y^tem  of 
l-ilifv,  Pfis^nt'*'  ♦'•  •''"  oiicocxHful  prosonition 
.  f  the  industry  of  our  roiintrynien,  was  t-xponHi 
ti, imminent  diinpcr  of  dostrurtion.  Mi-niin  \V'.ro 
hnppily  ftPF'!'*"'  'O'  <-^onprcs«  to  avert  lH)th  ca- 
iiiiiitics,  the  country  was  reconciled.  an<l  our 
I'nion  once  more  Ijccamc  a  Imnd  of  friends  and 
liMthcrs.  And  I  shall  he  f?reatly  disappointed,  i 
if  we  do  not  find  those  who  were  denounced  as 
lieing  unfriendly  to  the  continuance  of  our  con- 
fiiicnwy,  amonp  the  foremost  to  fly  to  its  pre- 
MTvation,  and  to  resist  all  executive  encroach- 1 
inents. 

''Mr.  President,  when  Conpfress  adjourned  at 
the  termination  of  the  last  session,  there  was  \ 
one  remnant  of  its  powers — that  over  the  purse  i 
—left  untouched.  The  two  most  important ; 
riowers  of  civil  povemment  are  those  of  the 
hword  and  purse ;  the  first,  with  some  restric-  I 
tioas.  is  confided  by  the  constitution  to  the 
Executive,  and  the  last  to  the  legislative  depart- 
ment. If  they  are  separate,  and  exercised  by 
different  responsible  departments,  civil  liberty 
is  eaifc ;  but  if  they  are  united  in  the  hands  of 
ttic  same  individual,  it  is  gone.  That  clear- 
eifrhted  and  revolutionary  orator  and  patriot, 
Patrick  Henry,  justly  said,  in  the  Virginia  con- 
vention, in  reply  to  one  of  his  opponents, '  Let 
him  candidly  tell  me  where  and  when  did  free- 
dom exist,  when  the  sword  and  purse  were 
piven  up  from  the  people  ?  Unless  a  miracle 
in  human  affairs  interposed,  no  nation  ever  rc- 
t.iined  its  liberty  after  the  loss  of  the  sword 
and  the  purse.  Can  you  prove,  by  any  argu- 
mentative deduction,  that  it  is  possible  to  bo 
safe  without  one  of  them  ?  If  you  give  them 
up,  you  are  gone.' 

•'Up  to  the  period  of  the  termination  of  the 
last  session  of  Congress,  the  exclusive  consti- 
tutional power  of  Congress  nver  the  treasury 
of  the  United  States  had  never  been  contested. 
Among  its  earliest  acts  was  one  to  establish 
the  treasury  department,  which  provided  for 
the  appointment  of  a  treasurer,  who  was  re- 
quired to  give  bond  and  security,  in  a  very 
large  amount, '  to  receive  and  keep  the  moneys 
uf  the  United  States,  and  disburse  the  same 
upon  warrants  drawn  by  the  Secretary  of  the 
Treasury,  countersigned  by  the  Comptroller, 
j  recorded  by  the  Register,  and  not  otherwise.' 
Prior  to  the  establishment  of  the  present  Bank 
I  of  the  United  Stater,  no  treasury  or  place  had 
been  provided  or  designated  by  law  for  the  safe 
keeping  of  the  public  moneys,  but  the  treasurer 
was  left  to  his  own  discretion  and  responsibili- 
ty.  When  the  existing  bank  was  established, 
it  was  provided  that  the  public  moneys  should 
[be  4iposited  with  it,  and,  consequently,  that 
I  bank  became  the  treasury  of  the  Uuited  States ; 
[fur,  whatever  place  is  designated  by  law  for  the 
I  keeping  of  the  public  money  of  the  United 
I  States,  under  the  care  of  the  treasurer  of  the 
[United  States,  is,  for  the  time  being,  the  treii- 
Isuiy.    Its  safety  was  drawn  in  question  by  tie 
IChief  Magistrate,  and  an  agent  was  appointed 


a  littl.?  more  than  a  year  apo  to  invo»tipnto  il-< 
ability.  He  ri'iiortcd  to  the  KxiTtitiM-  tlinl  it 
wai*  iH'rAwtiy  mfi'.  His  nppn'iifnsinn'"  <f  iM 
piilidit)-  were  rniiiniunirattMl  l>y  the  I'ri'siilriit 
to  C<.nprcr<f»,  end  a  ciiinmittee  wan  appointed  to 
examine  the  nilijert  ;  tliey,  also,  rejiorted  in  fa- 
vor of  its  weiirity.  And,  finally,  ninonp  tlii» 
last  acts  of  the  House  of  Kejiresenlatives,  jirii  r 
to  the  clone  of  the  last  sexnion,  was  the  ndo| - 
tion  of  a  resolution,  nianitestinp  its  entire  oor.- 
fidenre  in  the  ability  and  Rclidity  of  the  l-niik. 

"After  all  these  testimonies  to  the  fHTiect 
safety  of  the  public  moneyH  in  the  place  n|i- 
pointed  by  Conpress.  who  could  have  sujiposcd 
that  the  place  would  have  been  clianped  ? 
Who  coulil  hiive  imagined  that,  within  nixty 
days  of  the  pectinp  of  Congress,  and,  as  it 
were,  in  utter  contempt  of  its  autluirity.  the 
chiiiigo  should  have  been  ordered  ?  Who 
would  have  dreamed  that  the  treasurer  should 
have  thrown  away  the  single  key  to  the  trea- 
sury, over  which  Congress  lield  amjjle  control, 
and  accepted,  in  lieu  of  it,  some  dozens  of  keys, 
over  which  neither  Congress  nor  he  has  any 
adequbte  control  ?  Yet,  sir,  all  this  has  l»een 
done ;  and  it  is  now  our  solenm  duty  to  inquire, 
Ist.  By  whose  authority  it  has  l)een  ordered  ; 
and,  2d.  Whether  the  order  has  been  given  in 
conformity  with  the  constitution  anil  laws  of 
the  United  States. 

"  I  agree,  sir,  and  I  am  very  happy  whenever 
I  can  agree  with  the  President,  as  to  the  im- 
mense importance  of  these  questions.  He  saye , 
in  the  paper  which  I  hold  \n  my  hand,  that  he 
looks  upon  the  pending  question  as  involvint; 
higher  considerations  than  the  'mere  transfer 
of  a  sum  of  money  from  one  bank  to  another. 
Its  decision  may  aflect  the  character  of  our 
government  for  ages  to  come.'  And,  with  him, 
I  view  it  as  '  of  transcendent  importance,  both 
in  the  principles  and  the  consequences  it  in- 
volves.' It  is  a  question  of  all  time,  for  pos- 
terity as  well  as  for  us — of  constitutional  gov- 
ernment or  monarchy — of  lil)ertv  or  slavery. 
As  I  regard  it,  I  hold  the  bank  as  nothing,  a.s 
perfectly  insignificant,  faithfi'.I  as  it  has  been  in 
the  performance  of  all  lis  duties.  I  hold  a 
sound  currency  as  nothing,  essential  as  it  i.s  to 
the  prosperity  of  every  branch  of  business,  and 
to  all  conditions  of  society,  and  efficient  as  the 
agency  of  the  bank  has  been  in  providing  the 
country  with  a  currency  as  sound  as  ever  exist- 
ed, and  unsurpassed  by  any  in  Christendom.  I 
consider  even  the  public  faith,  sacred  and  invio- 
lable as  it  ever  should  be,  as  comparatively 
nothing.  AH  these  questions  are  merged  in 
the  greater  and  mightier  question  of  the  consti- 
tutional distribution  of  the  powers  of  the  gov- 
ernment, as  aftected  by  the  recent  executive  in- 
novation. The  real  inquiry  is,  shall,  all  the 
barriers  which  have  been  erected  by  the  cau- 
tion and  wisdom  of  our  ancestors,  for  i.^e  pres- 
ervation of  civil  liberty,  be  prostrated  and  tiod- 
den  under  foot,  and  the  sword  and  the  purse  lie 
at  once  united  in  the  hands  of  one  man  ?    Shall 


404 


THIUTY  YKAItH'  VIEW. 


i  \Wv4 


the  powrr  of  Con;rreBH  over  tlio  trcnmiry  of  the  ' 
I'liitiMl    Sintc'H,    liithcrto    never    contested,   l)e  \ 
wrt'sfi'il  froiii   itH  posseHKion.  niiil  \w  liencefor-  i 
wanl  wielded  by  the  Chief  Miiffistrnfe?     En- | 
teitainint;  these  views  of  the  nm>;nitiuie  of  the 
^iierttinn  liefore  nn,  I  slitill  not,  at  U-iist  to-day, 
( .\iuiiiiie  the  reiif^ons  wliich  the  President  Ims 
(i-r-iftiied  for  his  act.     If  he  Ims  no  power  to 
jierforni    it.  no   reasons,   however  cofrent,  can 
justify  tlie  deed.     None  cuu  Bunctify  un  illegal 
or  unconstitutional  act. 

"The  question  is,  hy  virtue  of  whoso  will, 
p'>wer,  dictation,  was  the  removal  of  the  de- 
jjosits  ellected  ?  By  whoso  authority  and  de- 
termination were  they  transferred  from  the 
ISank  of  tho  United  States,  where  they  were 
reiiuircd  l»y  tho  law  to  bo  placed,  and  put  in 
banks  whicii  the  law  had  never  designated  ? 
And  I  tell  gentlemen  opposed  to  me,  that  I  am 
not  to  Ije  answered  by  the  exhibition  of  a 
formal  order  hearing  the  signature  of  R.  B. 
Taney,  or  any  one  else.  I  want  to  know,  not 
the  amanuensis  or  clerk  who  prepared  or  sign- 
ed the  ofllcial  form,  but  tho  authority  or  the 
individual  who  dictated  or  commanded  it ;  not 
tlie  hangman  who  executes  the  culprit,  but  the 
tribunal  which  pronounced  tho  sentence.  I 
want  to  know  that  power  in  the  government, 
that  original  and  controlling  authority,  which 
required  and  commanded  the  removal  of  the 
deposits.  And,  I  rc;>eat  the  question,  is  there 
a  senator,  or  intelligent  man  in  the  whole  coun- 
try, who  entertains  a  solitary  doubt  ? 

'■Ile.ir  what  the  President  himself  says  in 
his  manifesto  read  to  his  cabinet :  '  The  Presi- 
dent deems  it  his  duty  to  communicate  in  this 
manner  to  his  cabinet  the  final  conclusions  of 
his  own  mind,  and  the  reasons  on  which  they 
are  founded.'  And,  at  the  conclusion  of  this  pa- 
per, what  does  he  say  ?  '  The  President  again 
repeats  that  he  begs  his  cabinet  to  consider  the 
proposed  measure  as  his  own,  in  the  support  of 
which  he  shall  require  no  one  of  them  to  make 
a  sacritice  of  opinion  or  principle.  Its  respon- 
sibility has  been  assumed,  after  the  most  ma- 
ture deliberation  and  reflection,  as  necessary  to 
preserve  the  morals  of  the  people,  the  freedom 
of  the  press,  and  the  purity  of  the  elective  fran- 
chise, without  which  all  will  unite  in  saying 
that  the  blood  and  treasure  expended  by  our 
forefatliers,  in  the  establishment  of  our  happy 
system  of  government,  will  have  been  vain  and 
fruitless.  Under  these  convictions,  he  feels 
that  a  measure  so  important  to  the  American 
people  cannot  be  commenced  too  soon ;  and  he 
therefore  names  the  1st  day  of  October  next  &6 
a  period  proper  for  the  changt  of  the  deposits, 
or  sooner,  provided  the  necessary  arrangements 
with  the  State  banks  can  be  made.'  Sir,  is 
there  a  senator  here  who  will  now  tell  me  that 
the  removal  was  not  the  measure  and  the  act 
of  the  President  ? 

"Thus  is  it  evident  that  the  President,  neither 
by  the  act  creating  the  treasury  department, 
oor  by  the  bank  charter,  has  any  power  ove." 


the  public  treasury.  Has  he  anv  l)y  the  ct^. 
Ktitution  7  None,  none.  We  liavc  alreadv 
Been  that  tho  constitution  positively  forl]i(ij 
any  money  from  In-ing  drawn  from  tho  treami. 
r^  but  in  virtue  of  a  previous  art  of  appropria. 
tion.  Hut  tho  President  himsi'lf  says  that 
'  ujwn  him  has  been  devolved,  by  the  consfitu. 
tion,  and  the  suflrapcs  of  the  American  ]>vm\( 
the  duty  of  superintending  the  operation  of  thi 
executive  departments  of  the  government,  anii 
seeing  that  tho  laws  arc  faithfully  execiltwj. 
If  there  existed  any  such  double  source  of  eji'. 
cutive  power,  it  has  been  seen  that  the  treasury 
department  is  not  an  executive  department ;  liit 
that,  in  all  that  concerns  the  public  tren.'iun' 
the  Secretary  is  the  agent  or  representative  of 
Congress,  acting  in  obedience  to  their  will,  ni),i 
maintaining  a  direct  intercourse  with  them.  By 
what  authority  docs  the  President  derive  povii 
from  the  mere  result  of  an  election  ?  In  another 
part  of  this  same  cabinet  paper  ho  refers  to  the 
suflragcs  of  the  people  us  a  source  cf  |)owtr 
independent  of  a  system  in  which  power  hii 
been  most  carefully  separated,  and  distributed 
between  three  separate  and  independent  de- 
partments. We  have  been  told  a  thousand 
times,  and  all  experience  assures  us,  that  such 
a  division  is  indispensable  to  the  existence  and 
preservation  of  freedom.  We  have  establislic-1 
and  designated  offices,  and  appointed  ofBccrs  in 
each  of  those  departments,  to  execute  the  diiliw 
respectively  allotted  to  them.  The  President, 
it  is  true,  presides  over  the  whole ;  specific  du- 
ties are  often  assigned  by  particular  laws  to 
bim  alone,  or  to  other  ofificers  under  his  supfr- 
intendence.  His  parental  eye  is  presumed  to 
survey  tho  whole  extent  of  the  system  in  all 
its  movements ;  but  has  ho  power  to  come  into 
Congress,  and  to  say  such  laws  only  shall  joa 
pass ;  to  go  into  the  courts,  and  prescribe  the 
decisions  which  they  may  pronounce;  or  even 
to  enter  the  offices  of  administration,  and,  where 
duties  are  specifically  confided  to  those  oSccre, 
to  substitute  his  will  to  their  duty  ?  Or,  hus  I 
he  a  right,  when  those  functionaries,  deliberat- 
ing upon  their  own  solemn  obligations  to  tlie  I 
people,  have  moved  forward  in  their  assigned 
spheres,  to  arrest  theii  la^vful  progress,  beause  | 
they  have  dared  to  act  contrary  to  his  pleasure! 
No,  sir ;  noj  sir.  His  is  a  high  and  glorioii  | 
station,  but  it  is  one  of  observation  and  super- 
intendence. It  is  to  see  that  obstructions  a 
the  forward  movement  of  government,  unlaw- 
fully interposed,  shall  be  abated  by  legitimate 
,and  competent  means. 

"  Such  are  the  powers  on  which  the  President 
relies  to  justify  his  seizure  of  the  trea.surycf 
the  United  States.  I  have  examined  them,  one 
by  one,  and  they  all  fail,  utterly  fail,  to  bear  out 
the  act.  We  are  brought  irresistibly  to  the 
conclusions,  Ist,  That  the  invasion  of  the  public 
treasury  has  been  perpetrated  by  the  remonl 
of  one  Secretary  of  the  Treasury,  who  would 
not  violate  his  conscientious  obligations,  imdbj 
the  appointment  of  another,  who  stood  read; 


ANNO  1S3S.     ANItREW  JACKSON,  I'KF-SH'KNT 


4'V. 


•s  on  which  the  Presidenl 
lizuro  of  tho  treasury  c( 
lave  examined  them,  cm  I 
il,  utterly  fail,  to  bear  out 
lught  irresistibly  to  the 
the  invasion  of  the  publit 
■petrated  by  the  remonl  I 
he  Treasury,  who  wonM 
itious  obligations,  and  bj  I 
nother,  who  stood  Kiidj| 


10  lubgCTil*  his  nanus  to  the  ord«T»  of  the  Vnn-  ' 
iilitit;  and,  2'lly,  'I'hnt  tin-  I'ro-idtiit   hnc   no 
f„|„r  of  authority  in  tlio  CdiiHtitiitioti  or  lawn 
f  r  ll"'  «^'  wliich  he  luw  thus  cauwd  to  in-  ixr- 

-And  now  let  us  plaiire  at  some  of  tlic  tro- 
tncmlui"'  ConMMjufiict'S  wliicli  iiiav  vusnc  fr<iiii 
tliis  hiuh-haiule<l   measure.      If  the   I'n-RidiT' 
inav  in  *  case  in  which  the  law  has  as8i(rni"l  a 
(.picllic  duty  exclusively  to  a  designated  ollicvr, 
(ommaml  it  to  be  executed,  contniry  to  his  own 
iudpniont,  under  tho  jK'nalty  of  an  expulsion 
from  olUce,  and,  upon  his  refusal,  may  appoint 
j„nie  obsetiuious  tool  to  perform  the  required 
act  where  is  tho  limit  to  his  authority?     Has 
he  not  the  same  right  to  interfere  in  every  other 
lajc  and  remove  from  office  all  that  he  can  re- 
move who  hesitate  or  refuse  to  do  his  bidding 
contrary  to  their  own  solemn  convictions  of 
tliiir  duty  ?    There  is  no  resisting  this  inevit- 
alilo  conclusion.    Well,  then,  how  stands  tho 
matter  of  the  public  treasury  ?    It  has  been  seen 
that  the  issue  of  warrants  upon  the  treasury  is 
L'liardcd  by  four  independent  and  hitherto  res- 
iioneiblo  checks,  each  controlling  every  other, 
Rndall  bound  by  the  law,  but  all  holding  their 
offices,  according  to  tho  existing  practice  of  the 
pjvemraent,  at  the  pleasure  of  the  President. 
Tho  Secretary  signs,  tho  Comptroller  counter- 
signs, the  Kegister  reco-.  ds,  and  the  Treasurer 
pays  the  warrant.     We  have  seen  that  the 
Prcfiident  has  gone  to  the  first  and  highest  link 
in  tho  chain,  and  coerced  a  conformity  to  his 
will.    What  is  to  prevent,  whenever  he  desires 
to  draw  money  from  the  public  treasury,  his 
applying  the  same  penalty  of  expulsion,  under 
which  Mr.  Duane  sutfcred,  to  every  link  of  the 
chain,  from  the  Secretary  of  the  Treasury  down, 
and  thus  to   obtain  whatever  he  demands? 
What  is  to  prevent  a  more  compendious  accom- 
plishment of  his  object,  by  the  agency  of  transfer 
drafts,  dra^vn  on  the  sole  authority  of  the  Sec- 
retary, and  placing  the  money  ut  once  whj-iever, 
or  in  whatsoever  hands,  the  President  pleases  ? 

"  What  security  have  the  people  against  the 
lawless  conduct  of  any  President?    Where  is 
the  boundary  to  the  tremendous  power  which 
I  he  has  assumed  ?    Sir,  every  barrier  around  the 
public  treasury  is  broken  down  and  annihilated. 
From  the  moment  that  the  President  pronounced 
the  words,  'This  measure  is  my  own ;  I  take 
upon  myself  the  responsibility  of  it,'  every  safe- 
guard around  the  treasury  was  prostrated,  and 
I  henoeforward  it  might  as  well  be  at  the  Hermit- 
[age.    The  measure  adopted  by  the  President  is 
I  without  precedent.    I  beg  pardon — there  is  one ; 
[hut  we  must  go  down  for  it  to  the  commence- 
Iment  of  the  Christian  era.    It  will  be  recollected 
iby  those  who  are  conversant  with  Roman  his- 
Itory,  that,  after  Pompey  was  compelled  to  retire 
[to  Brundusium,  Csesar,  who  had  been  anxious 
|to  give  him  battle,  returned  to  Rome, '  having 

iuced  Italy,'  says  the  venerable  biographer, 

in  sixty  days — ("the  exact  period  between  the 

[lay  of  the  removal  of  the  deposits  and  that  of 


tho  romnirn'^mrnt  of  tin*  prr««>nt  scMion  ol 
('ongri-Ks,  without  the  u«ui»l  allowuncc  of  nnv 
tlavH  of  grnrcj — in  r^ixfy  ilnys,  ^vithout  blcKni- 
hIiimI.'     'Ihf  liiopra|ilii'r  pi>i<'i  ctl.s  : 

"  '  Kind!  ig  tlir  rity  in  uinoiv  sfttli'd  londiiion 
than  lie  t'Xprctfd,  and  iniiny  Hcnatorft  thiTc  lu 
iddrc'^'Ml  tlicin  in  ii  mild  and  ^'niclouK  nmnn 'r 
,.is  tho  Prt'sidftit  nddrrsMMl  his  Into Scrivtai'v  '•( 
the  Trrnsury),  and  dcsirt'd  them  to  (icinl  dti'U- 
ties  to  l'oni|ti'y  with  an  oHVt  i.f  lionoraliii'  tt  rn>s 
of  |)eati','  &c.  As  Mftflhis,  the  trihunc,  oiipi.-i  il 
his  taking  money  out  of  the  public  tn'a.-.\iry.  and 
cited  some  laws  against  it — (such,  Sir,  I  suppose, 
as  I  have  endeavored  to  cito  on  this  occasion) — 
Cwsar  said  'Arms  and  laws  do  not  llourisii  t<'- 
getluT.  If  you  are  not  pleased  at  what  I  am 
about,  you  iiave  otdy  to  withdraw.  Ilioavi-  tlio 
oflice,  Mr.  Duane!]  War,  indeed,  will  not  tole- 
rate much  liberty  of  speech.  When  I  ►'ay  thi-;, 
I  am  renouncing  my  own  right ;  for  you.  and 
all  those  whom  1  have  found  exciting  a  spirit  of 
faction  against  me,  are  at  my  disposal.'  Ilaving 
said  this,  he  approached  the  doors  of  the  treri- 
siny,  and,  as  the  keys  were  not  produced,  he 
sent  for  workmen  to  break  them  open.  .Metellus 
again  opposed  him,  and  gained  credit  with  some 
for  his  firmness  ;  but  Ciesar,  with  an  elevated 
voice,  threatened  to  put  him  to  death  if  he  gave 
him  any  further  trouble.  '  And  you  know  very 
well,  young  man,'  said  he,  '  that  this  is  harder  for 
mo  to  say  than  to  do.'  Metellus,  tenilied  by 
tho  menace,  retired  ;  an<l  Cicsar  was  afterwards 
easily  and  readily  supplied  with  every  thing 
necessary  for  that  war. 

"  Mr.  President  (said  Mr.  C.)  the  peojilc  of 
the  United  Suites  are  indebted  to  the  I'residcr.t 
for  the  boldness  of  this  moven  ent ;  and  as  one. 
among  the  humblest  of  them.  I  profess  my  ob- 
ligations to  him.  He  has  told  the  Senate,  in  hi^ 
message  refusing  an  oflicial  copy  of  his  cabinet 
paper,  that  it  has  been  published  for  the  infoi*- 
mation  of  the  people.  As  a  part  of  the  jK-ople.  tho 
Senate,  if  not  iu  their  oflipiul  character,  have  a 
right  to  its  use.  In  that  extr>aordinary  paper 
he  has  proclaimed  that  the  measure  is  his  own 
and  thai  he  has  taken  upon  himself  the  respon- 
sibility of  it.  In  plain  English,  he  has  proclaimed 
an  open,  palpable  and  daring  usurpation  ! 

"  For  more  than  fifteen  years,  Mr.  I'a-sidcnt, 
I  have  been  struggling  to  avoid  the  present  state 
of  things.  I  thought  I  perceived,  in  some  pro- 
ceedings, during  the  conduct  of  the  Seminole 
war,  a  spirit  of  defiance  to  the  constitution  and 
to  all  law.  With  what  sincerity  and  truth— 
with  vhat  earnestness  and  devotion  to  civil 
liberty,  I  have  struggled,  the  Searcher  of  all  hu- 
man hearts  best  knows.  With  what  fortune, 
the  bleeding  constitution  of  my  country  now 
fatally  attests, 

"  I  have,  nevertheless,  iwrscveretl ;  and,  unaer 
every  discouragement,  during  the  short  time 
that  I  expect  to  remain  in  the  public  councils, 
I  will  persevere.  And  if  a  bountiful  Providence 
would  allow  an  unworthy  sinner  to  approach 
the  throne  of  grace,  I  would  beseech  11  im,  us 


■"I-    . 


■M    '' 


406 


1IIIKTY  YKAllS-  Vli;W. 


|l*k>?i.-f! 


fin-  (rnnti'Ht  fuvor  IFc  roiiM  (rrant  in  vw  liore 
Ih  |ri\v,  to  Hparo  nil*  until  I  livi'  to  ln'holil  tho 
p'oplc,  ri-inc  ill  their  iimJcMly,  with  ti  |Kiici'ful 
aii'l  c'oii:>iiiiili<iiial  I'XiTcisc  dj'  llii'ir  |po\vfr,  to 
rxpi'l  (he  tioihn  from  Uotiic  ;  to  itkcuc  the 
]i.il)Iic  treasury  from  |iilln|re,  to  pre»ervo  the 
I  oiistitiilion  of  tht!  I'nited  States  ;  to  uphold  the 
I'liion  apiiiist  the  dantrer  of  the  oouccntnition 
and  conHoiidatioii  of  all  jiower  in  the  handw  of 
I  lie  Kxceiitivo  ;  and  to  Bustain  ihe  lilierties  <,f 
tlie  |ieop!c'  of  this  eoniitry  apiinst  the  imminent 
|»criln  to  which  they  now  stuml  exjioHe*]. 

"And  now,  Mr.  J'resident,  what,  umlcr  nil 
these  circnmslnncen,  is  it  our  duty  to  do?  Is 
there  a  senator  who  ran  hesitate  to  nftirm,  in 
the  InnpnaRe  of  the  resolutions,  tliat  the  Pres- 
ident has  assumed  a  danperoiis  jiowcr  over  the 
treasury  of  the  I'nited  States,  not  granted  to 
him  hy  the  constitution  and  the  laws;  and  that 
the  reasons  nssifrned  for  tho  act  hy  the  Secre- 
tary of  the  Treasury  arc  insuHicient  and  unsa- 
tisfactory ? 

"  The  eyes  and  tho  hopes  of  tho  American 
]icoplo  are  anxiously  turned  to  Confjress.  They 
feel  that  they  have  been  deceived  and  insulted ; 
their  coiiHdence  abused;  their  interests  betray- 
ed ;  and  their  liberties  in  danjrer.  They  sec  a 
rapid  and  alnriuinf;  concentration  of  all  power 
in  one  man's  haniis.  They  see  that,  by  tho  ex- 
ercise of  the  positive  authority  of  tlie  Executive, 
nud  his  nefintive  power  exerted  over  Congress, 
the  will  of  one  man  nloiie  prevails,  and  governs 
the  republic.  The  question  is  no  longer  what 
laws  will  Con{:ress  pass,  but  what  will  the  Ex- 
ecutive not  ve  o  ?  The  President,  and  not 
(><in}:res«,  is  addressed  for  legislative  action. 
We  have  seen  a  corporation,  charged  with  the 
execution  of  a  great  national  work,  dismiss  an 
experienced,  faithful,  and  zealous  president,  af- 
terwards testify  to  his  ability  by  a  voluntary 
resolution,  and  reward  his  extraordinary  services 
by  a  large  gratuity,  and  appoint  in  his  place  an 
executive  favorite,  totally  inexperienced  and  in- 
competent, to  propitiate  the  President.  We 
behold  the  usual  incidentfi  of  approaching  tyran- 
ny. The  land  is  tilled  with  spies  and  informers, 
and  detraction  and  denunciation  are  the  orders 
of  the  day.  People,  especially  official  incumbents 
ill  this  place,  no  longer  dare  speak  in  the  fearless 
tones  of  manly  freemen,  but  in  the  cautious 
whispers  of  trembling  slaves.  The  premonitory 
symptoms  of  despotism  are  upon  us ;  and  if 
Congress  do  not  apply  an  instantaneous  and 
effective  remedy,  the  fatal  collapse  will  soon 
como  on,  and  we  shall  die — ignobly  die — base, 
mean,  and  abject  slaves ;  the  scorn  and  con- 
tempt of  mankind ;  unpitied,  unwept,  uamourn- 
id!» 


(11  APT  K  II    C. 

MK.  IIKNTO.NS  SI>KK(  II  IN  I:KPI.Y  TO  Ml;.  (  UT> 
KXTltACrS. 

Mn.  Ci.AV  had  f-poken  on  three  sticccHsivc  daj*, 
being  the  la-it  days  of  the  year  IHX',.  Mr.  iJeri- 
ton  followed  him, — and  cceing  the  advantaCT 
which  w.^H  presented  in  the  character  of  the 
resolve,  and  that  of  tho  sjH'ech  in  support  of  it  all 
bearingthe  impress  of  acriminal  proceeding,  with- 
out other  result  than  to  procure  a  sentence  of  cnn- 
demnation  against  the  President  for  violatin;;  the 
laws  and  tho  constitution,  endangering  tho  pul). 
lie  liberty  and  establishing  a  tyranny, — he  took 
up  tho  proceeding  in  that  sense ;  and  iinmtfl;- 
ately  turned  all  the  charges  against  the  resolu- 
tion  itself  and  its  mover,  as  a  usurpation  of  the 
rights  of  tho  House  of  Kepresentative.s  in 
originating  an  impeachment,  ond  a  violation  of 
law  and  constitution  in  trying  it  ea: parte;  and 
said: 

"  The  first  of  these  resolutions  contained  im. 
peachablo  matter,  and  was  in  fact,  thouph  not 
in  form,  a  direct  impeachment  of  the  President 
of  tho  United  States.  lie  recited  the  constitu- 
tional provision,  that  the  President  might !« 
impeached — 1st,  for  treason  ;  2d,  for  briber)-; 
3d,  for  high  crimes ;  4th,  for  misdemeanors ; 
and  said  that  tho  first  resolution  charged  both 
a  high  crime  and  a  misdemeanor  upon  the  Prcsi 
dent ;  a  high  crime,  in  violating  the  laws  and 
constitution,  to  obtain  a  power  over  the  public 
treasure,  to  the  danger  of  the  liberties  of  the 
people ;  and  a  miBdemeanor,  in  dismissing  the 
late  Secretary  of  the  Treasury  from  office.  Mr. 
B.  said  that  the  terms  of  the  resolution  vm 
sufficiently  explicit  to  define  a  high  crime,  with- 
in the  meaning  of  the  constitution,  without  hav- 
ing recourse  to  the  arguments  and  declarations 
usefl  by  the  mover  in  illustratioh  of  his  mean- 
ing ;  but,  if  any  doubt  remained  on  that  licail. 
it  would  be  removed  by  the  whole  tenor  of  the 
argument,  and  especially  that  part  of  it  which 
compared  the  President's  conduct  to  that  of 
C8esar,  in  seizing  the  public  treasure,  to  aid  him 
in  putting  an  end  to  the  liberties  of  his  countrv; 
a,nd  every  senator,  in  voting  upon  it,  would  vote 
as  directly  upon  the  guilt  or  innocence  of  the 
President,  as  if  he  was  responding  to  the  ques- 
tion of  guilty  or  not  guilty,  in  the  concluding 
sentence  of  a  formal  impeachment. 

"We  are,  then,  said  Mr.  B.,  trying  an  im- 
peachment !  But  how  ?  The  constitution  gives 
to  the  House  of  Representatives  the  sole  power 
to  originate  impeachments  ;  yet  we  originate  i 
this  impeachment  ourselves.  The  constitution 
gives  the  accused  a  right  to  be  present ;  but  he 


ANNO  \SU.    ANIHa.W  JA(KH«)X,  rUF-SIDnM 


407 


sense ;  and  immtfli- 


Mr.  B.,  trying  an  ir 


i«n«t  hvn'.  It  n-ipiins  Ow  Stnato  ti>  Ix-  »WMrii 
J.  piilpi*;  * 'It  ^vi-  lire  noi  Ml  hwiini.  It  n- 
.  ;)ii-  tli«'  t'liiff  .Ju»ti<i'  f>f  tlie  I'liitrfl  Stativ"*  to 
•  n'^iil*;  when  tlie  I'nciiit'iit  in  trit<l ;  Imt  tl.f 
I  hill'  .I'l-iift'  if*  ii'>t  |iri'i^i<iiiitr-  It  ^ivcn  tlu- 
ll.iii'f  '  .  i^  prvst'iitntives  B  rinlit  tn  Im-  |)rc>int, 
^,iil  til  iiiivimKL'  tJie  proht'cutioii ;  l)Ut  iifktiuT  tlu' 
lIiiiiM'  iinr  its  inmmu'tT-i  art-  litn-.  It  n'(|iiiri'H 
il,e  fiirnis  of  criminul  justi<-e  to  Uj  ntri<tiy  i>l>- 
mtvi'iI  ;  yi''  a"  tiiLHu  I'oiiim  art'  iK'nU'Ctcd  iiml 
Moliitfil.  It  '\*  a  iiron'oiliiif;  in  whicli  llic  First 
M:i^'i<ti:ili'"''tl»i-'  ri'piililic  is  to  Ik-  tried  witlioiit  , 
iKin.'  Iii'unl.  and  in  wliich  iiis  accusers  aru  to 
acta.-!  lii^j»dm!B!  ] 

"Mr.  II.  cttlit'd  upon  the  Senate  to  cnnsiiUr 
w.ll  what  they  did  before  tiiey  |)rocee<U'd  fur- 
ther in  tiio  C()n«ideration  of  this  resohition.  He 
nlli'l  iip'n  them  to  consider  wliat  was  (hie  to 
the  llou^o  of  Jlepresentatives,  whose  privih-fie 
MILS  iiiviidud,  and  who  hud  a  ri(;ht  to  send  a 
ini'?sa};e  to  the  Senate,  eoinpluiniif;  of  tlie  pro- 
(iiiiingf,  and  demanding  its  abandonment.  Jle 
rnnjured  tliem  to  consider  what  was  due  to  the 
rre.Mdint,  who  was  thus  to  bo  tried  in  his  ab- 
•iiia-  for  a  most  enonnouH  crime ;  what  was 
iluu  to  the  Senate  itself,  in  thus  combining  the 
iiicimipiitiblo  characters  of  accusers  and  Judges, 
aiirl  which  woukl  itself  bo  judged  by  Europe 
unit  America.  lie  dwelt  particularly  on  the 
ti;;iire  which  the  Senate  would  make  in  going 
uu  with  the  consideration  of  this  resolution.  1 1 
accused  the  Preside?  t  of  violating  the  con.«titu- 
tion;  and  itself  comn).tted  twenty  violations  of 
the  same  constitution  in  making  the  accusa- 
tion! It  accused  him  of  violating  a  single  law, 
iirnl  itself  violated  all  the  laws  of  criminal  Jus- 
tice in  prosecuting  him  for  it.  It  charged  him 
with  desipns  dangerous  to  the  liberties  of  the 
citizens,  and  immediately  trampled  upon  the 
li^rlits  of  all  citizens,  in  the  person  of  their 
Chief  Magisti'ate. 

"Mr.  B.  descanted  upon  the  extraordinary 
organization  of  the  Senate,  and  drew  an  argu- 
ment from  it  in  favor  of  the  leserve  and  deco- 
rum of  their  proceedings.     The  Senate  were 
lawgivers,  and  ought  to  respect  the  laws  already 
made ;  they  were  the  constitutional  advisers  of 
the  President,  and  should  observe,  as  nearly  as 
pussihle,  the  civil  relations  which  the  office  of 
!ulvi:>er  presumes ;  they  might  be  his  judges,  and 
I  should  be  the  last  in  the  world  to  stir  up  an  ac- 
cusation against  him,  to  prejudge  his  guilt,  or  to 
attack  his  character  with  defamatory  language. 
I  Decorum,  the  becoming  ornament  of  every  func- 
!  ;ionary,  should  bo  the  distinguishing  trait  of  an 
American  senator,  who  combines,  in  his  own 
I  office,  the  united  dignities  of  the  executive,  the 
I  le;:islative,  and  the  judicial  cliaracter.     In  his 
[judicial  capacity  especially,  he  should  sacrifice 
I  to  decorum  and  propriety ;   and  shun,  as  he 
[would  the  contagious  touch  of  sin  and  pesti- 
llence,  the  slightest  approach  to  the  character  of 
jprosecutor.    He  referred  to  British  parliamen- 
Itary  law  to  show  that  the  Lords  could  not  join 
jji  an  accusation,  because  they  were  to  try  it ; 


but  her»'  the  Siimtr  wan  nn\i'  homimT,  niiil  liftd 
nothing  from  thi-  llou.ie  of  Kepn-Mtitntive't  (o 
Join  ;  but  ntade  thr  m'lii-atiou  out  and  out.  and 
tried  it  tlieni-flve.'*.  lie  faid  tlie  ai'cusatinn 
was  a  doidile  one — I'oi'  a  liiKh  crime  and  a  ini»- 
deuieaiior — and  the  latter  ii  more  lla^'nuit  pri»- 
reeiling  than  the  former;  for  if  a-ftumed  to 
know  for  what  cau^e  the  I're'ident  liiid  dii»- 
inissed  his  late  Secntary,  and  undertook  to  try 
the  l'i-i"-ident  for  u  thing  wiiieh  was  not  triable 
or  impeachable. 

''From  the  foiindatjon  of  the  gr)vi'rninent,  it 
had  been  settled  that  the  I're.sideiit's  ri|.'lit  tc 
dismi.ss  liis  secretaries  resulted  from  his  eonnli- 
.tutional  obligation  to  s«'e  that  the  laws  were 
faithfully  executed.  Many  Presidents  had  di.s- 
mis.sed  cecretaries,  and  tliis  was  the  first  time 
that  the  Senate  bad  ever  undertaken  to  found 
an  ini]H'achment  upon  it,  or  had  assumed  to 
know  the  k.asons  for  which  it  was  done. 

"ilr.  H.  said  that  two  other  imiK'achmenf.s 
seemed  to  be  going  on.  at  the  same  time,  against 
two  other  otlicers,  the  Secretary  of  the  Treasury 
anil  the  Treasurer ;  so  that  the  Senate  was  brim- 
fid  of  criminal  business.  The  Treasiu'er  and 
the  Secretaiy  of  the  Treasury  were  both  civil 
officers,  and  were  both  liable  to  inipeacliment 
for  misdemeanors  hi  ollice ;  and  great  misdemea- 
nors were  charged  upon  them.  They  were,  in 
fict,  upon  trial,  without  the  formality  of  a  reso- 
lution ;  and,  if  hereafter  impeached  by  the  House 
of  Representatives,  the  Senate,  if  they  believe<l 
what  they  heard,  would  be  ready  to  pronounce 
judgment  and  remove  them  from  ollice.  wit.hout 
delay  or  further  examination. 

"Mr.  B.  then  addressed  himself  to  theVicO' 
President  (Mr.  Van  Burcn),  upon  the  novelty 
of  the  scene  which  was  going  on  before  him,  and 
the  great  change  which  had  taken  place  since 
he  had  served  in  the  Semite.  He  commended 
the  peculiar  delicacy  and  deconim  of  the  Vice- 
President  himself,  who,  in  six  years'  service,  in 
high  party  times,  and  in  a  decided  opposition, 
never  uttered  a  woi'd,  either  in  open  or  secret 
session,  which  could  have  wounded  the  feelings 
of  a  political  adversary',  if  he  had  been  pnisent 
and  heard  it.  He  extolled  the  decorum  of  the 
opposition  to  President  Adams'  administration. 
If  there  was  one  brilliant  exception,  the  error  was 
redeemed  by  classic  wit,  and  the  heroic  readiness 
with  which  a  noble  heart  bared  its  bosom  to  the 
bullets  of  those  who  felt  aggrieved.  Still  ad- 
dressing himself  to  the  Vice-President.  Mr.  B. 
said  that  if  he  should  receive  some  hits  in  the 
place  where  he  sut,  without  the  right  to  reply, 
he  must  find  con.solation  in  the  case  of  his  most 
illustrioqs  predecessor,  the  great  apostle  of  Ame- 
rican liberty  (Mr.  Jelli'rson),  who  often  told  his 
friends  of  the  manner  in  w^hich  he  had  been  cut 
at  when  presiding  over  the  Senate,  and  person- 
ally annoyed  by  the  inferior — no,  young  and 
inconsiderate — members  of  the  federal  party. 

"  Mr.  B.  returned  to  the  point  in  debate.  The 
President,  he  repeated,  was  on  trial  for  a  high 
crime,  iu  seizing  the  public  treasure  in  violation 


■i 


''*  ,'• 


P^: 


J  •■ 


r- 


408 


TlimiT  VEAIW*  VIEW. 


of  Mil'  law*  nn<l  tin"  rorK^titiitioti.  Wn»  tlir 
^hllr^'<•  tnn'7  Dim*  tlio  art  wliicli  he  lias  ilonc 
(icxri'vc  the  'It'Dliitioll  wliirli  Imw  ln-cii  piif  iipim 
it?  Ili>  lind  tiiiulc  lip  lilt  own  niiinl  tlmt  the 
fiilldic  (li>|HihitN  oiiKlit  fii  Ir'  iciiinvcil  fripiii  the 
Itrtiik  (if  tlu'  I'liili'il  StutcH.  l\v  (■iiintniiiiiciitcil 
timf  iipiiiidii  to  till'  Sorrctiiry  nf  tlic  'rrra-.iiry  ; 
till'  Scfictnry  nfiiscd  to  iciiidvc  tli<iii ;  tli<'  I'li- 
difitiit  itiii'iVfd  liiin,  niul  n|i|«iiMtt'il  n  Scciitiiiy 
who  pivi'  tht>  onlcr  which  he  tlion^rht  thi-  ocra- 
sion  n'i|iiir('(l.  All  tliin  ho  ihd  in  virtue  of  liin 
roTiHtitiitioiml  (il)ji(rntion  to  s<o  the  lawn  fiiith- 
f'lliy  fx»  rnti'd ;  nnd  in  olifdituxf  to  the  Hanip 
Hi-nHc  of  duty  which  would  lead  him  to  dihiniss 
ft  Swntary  of  War,  or  of  tho  Navy,  who  would 
rcfuHc  to  (rive  an  order  for  troops  to  march,  or  a 
lU'ft  to  wiii.  True,  it  ih  made  the  duty  of  the 
Secretary  of  tho  Treasury  to  direct  the  removal 
of  the  deponits ;  hut  the  constitution  make.-t  it 
the  duty  of  the  President  to  see  that  tho  Secre- 
tary jarforms  his  <luty  ;  nnd  the  constitution  is 
as  much  ahuve  law  as  the  I'ri'Hidont  is  ahoTu  the 
Secretary. 

"  The  President  is  on  trial  for  a  misdemeanor 
— for  dismissing  his  Secretary  without  sufHcient 
cause.  To  this  accusation  there  are  ready  an- 
swers :  first,  that  the  President  may  dismiss  his 
Secretaries  without  cause;  secondly,  that  the 
Senate  has  no  cognizance  of  the  case ;  thirdly, 
that  the  Senate  cannot  assume  to  know  for 
what  cause  the  Secretary  in  question  was  dis- 
missed. 

"  Tho  Secretary  of  tho  Treasiuy  is  on  trial. 
In  order  to  pet  at  the  President,  it  was  found  ne- 
cessary to  Ret  at  a  gentleman  who  had  no  voice 
on  this  floor.  It  had  been  found  necessary  to 
assail  the  Secretary  of  the  Treasury  in  a  man- 
ner heretofore  unexampled  in  the  history  of  the 
Senate.  His  relin;ion,  his  politics,  his  veracity, 
his  understiindinjr,  his  Missouri  restriction  vote, 
had  all  been  arraigned.  Mr.  B.  said  ho  would 
leave  his  religion  to  tho  constitution  of  tho 
United  States,  Catholic  as  ho  was,  and  althoiiph 
'  the  Presbyterian  might  cut  off  his  head  the 
fust  time  ho  went  to  mass;'  for  he  could  see 
no  other  point  to  the  anecdote  of  Cromwell  and 
the  capitulating  Catholics,  to  whom  ho  gnmted 
tho  free  exercise  of  their  religion,  only  he  w  ould 
cut  off  their  heads  if  they  went  to  mass.  II is 
understanding  he  would  leave  to  liimself.  Tho 
head  which  could  throw  the  paper  which  was 
taken  for  a  stone  on  this  floor,  but  whicli  was, 
in  fact,  a  double-headed  chain-shot  fired  from  ^ 
forty-eight  pounder,  carrying  sails,  masts,  rig- 
ging, all  before  it,  was  a  head  that  could  take 
care  of  itself.  His  veracity  would  bo  adjourned 
to  the  trial  which  was  to  take  place  for  mis- 
quoting a  letter  of  Secretary  Crawford,  and  he 
liad  no  doubt  would  end  as  tho  charge  did  for 
Buppressing  a  letter  which  was  printed  in  cj.'- 
tensu  among  our  documents,  and  withholding 
the  name  and  compensation  of  an  agent ;  when 
that  name  and  the  fact  of  no  compensation  was 
lying  on  the  table.  The  Secretary  of  the  Trea- 
lury  was  arraigned  for  some  incidental  vote  on 


the  .Mi«souri  restriction,  when  ho  was  a  ni«riil»r 
'if  the  Marylitiid  Ic^'ixlnlurf.  .Mr.  It.  did  i, | 
know  what  (Imt  ^oto  wax  ;  but  he  did  ktinw  |||.,; 
a  ciTtaiii  gctitlcmaii,  who  lately  hlfHxl  jn  tli(>  r, 
latinn  of  MiTi'iiiiit  to  another  pentleinnti.  m  , 
certain  hi;;lu'l<c|ioii,  wiw  the  IciMlerot  thef.,|„, 
which  (lefiirced  .MinHoiiri  of  her  place  in  tl, 
I'liion  for  till.'  entire  ccH.^ion  which  he  (ir«t  a;. 
leiidcfl  (not  siTved)  in  the  t'oiigreis  rf  (|,, 
I'liited  Siuto.  Jli'*  |Kilitii"s  could  not  be  in-vdv. 
ly  tried  in  the  time  of  the  alien  oikI  ^el!ili,,„ 
law,  when  he  wva*  scane  of  age ;  but  were  «i  ;| 
tried  during  the  late  war,  when  ho  sided  «it|, 
his  country,  nnd  received  the  constant  >!eiiiiii(ii;. 
tioiis  (if  that  givat  organ  of  federalism.  Ilie  Kcl,. 
ral  Hepublican  newspaper.  For  the  rent,  Mr. 
If.  admitted  that  the  Secretary  had  voted  t.,r 
the  elder  Adams  to  be  President  of  the  I  nitui 
States,  but  denied  the  right  of  certain  iKtMin. 
to  make  that  an  objirtion  to  him.  Mr.  11.  ilj,. 
missed  these  personal  charges,  for  tin  pnsint. 
and  would  ailiourn  their  consideration  until  \m 
(.Mr.  Tanev's)  trial  came  on,  for  which  the  hii- 
ator  from  kentucky  (.Mr.  Clay),  stood  plcdyid; 
and  after  the  trial  was  over,  he  had  no  iJduKt 
but  that  the  Secretary  of  the  Treasury,  altlioiuli 
a  Catholic  and  a  fodenilist,  would  be  found  i, 
maintain  his  station  in  tho  first  ik  of  Ainc'ii- 
can  gentlemen  and  American  patriots. 

"  Mr.  B.  took  up  tho  serious  charges  again-; 
the  Secretary :  that  of  lieing  the  mere  iibtiti- 
ment  of  the  President  in  removing  the  de|iii»i|;. 
and  violating  the  constitution  and  laws  of  thi; 
land.  How  far  ho  w.is  this  mere  histruimnt. 
making  up  his  mind,  in  three  days,  to  do  what 
others  would  not  do  at  all,  might  be  judged  liy 
every  person  who  would  refer  to  the  ojiixtsltion 
papers  for  the  divi.sion  in  tho  cabinet  about  the 
removal  of  the  deposits ;  and  which  constantly 
classed  Mr.  Taney,  then  the  Attorney  General, 
on  tho  side  of  removal.  This  classification  was 
correct,  and  notorious,  and  ought  to  exempt  an 
honorable  man,  if  any  thing  could  exemjjt  him, 
from  tho  imputation  of  being  a  mere  instrument 
in  a  great  transaction  of  which  he  was  a  prime 
counsellor.  The  fact  is,  he  had  long  since,  in  Im 
character  of  legal  adviser  to  the  President,  ad- 
vised the  rcmovol  of  these  deposits ;  and  when 
suddenly  and  unexpectedly  called  upon  to  take 
the  ofTice  which  would  raaKO  it  his  duty  to  act 
upon  his  own  advice,  he  accepted  it  from  the 
single  sense  of  honor  and  duty;  and  that  he 
might  not  seem  to  desert  the  President  in  flinch- 
ing from  tho  performance  of  what  he  had  ri- 
commendcd.  His  personal  honor  was  clean ;  liii 
personal  conduct  magnanimous ;  his  official  dctds 
would  abide  the  test  of  law  and  truth. 

"  Mr.  B.  said  he  would  make  short  work  of 
long  accusations,  and  demolish,  in  three  luinutes, 
what  had  been  concocting  for  three  months,  and 
delivering  for  three  days  in  tho  Senate,  lie 
would  call  the  attention  of  the  Senate  to  certain 
clauses  of  law,  and  certain  treasury  instructioni 
which  had  been  left  out  of  view,  but  whirb 
were  decisive  of  tho  accusation  against  the  Sv 


ANNO  1M4.    ANDREW  JACKSOX,  PRRSIDFNT. 


409 


fffi^r:    TJiP  flmt  wiw  thr  rlaimc  in  the  linnk 
.hkfuV  wliirti  iii'.»'Kt<<l  tin-  Si'cn-tary  with  tlio 
p.iwir  «''  trniisffrrinjt  tli"  |nitilir  fuml*  fnun  j)li\r«« 
I,. ilw^'.     It  wiiM  tin*  I'ltli  wrti'iit  of  till"  etiar-  ' 
ler:  lio  would  n-iul  il.     It  ctiiict<'<l  tlinl  wlicii-  ' 
,,,iTi''|iiirvil  liy  tlic  St'cn'tury  of  tin-  'I'rfaMiry,  I 
liir  lift'iK  choiild  (»ivc  tli<'  tn'rt'srtnry  farilitirii  fur 
ir.in'ft'rriM>r  tin*  puhlic  funds  fn)!n  pliirc  to  plac*-,  ^ 
wiiliiii  tilt'  I'niU'd  Matvs,  or  trrritoriie  tlwri'of ; 
,)ivl  l'«r  iliKtribiitiiiK  thu  naiiiu  in  payment  of  thu  ' 
|,iil,lir  mditiirH,  Ac.  | 

•llcr*'  is  authority  to  the  Secretary  to  trans- 
fer llif  piihlic  nioncvH  from  plaoi-  to  place,  liinit- 
,,lonlv  hy  the  iMiiindH  of  the  L'nifeil  States  and 
iH  tcrrit'iiieH}  and  thin  clause  of  three  lines  «if 
Uvt-piitH  to  fli^dit  all  the  nonsense  about  the 
rniU'<l  States  Hank  In-in^  the  treaMiry,  ond  the 
TrfaMinr  heinjj  the  keein-r  of  the puhlic  moneys, 
with  which  some  |M)iitieiaiiH  ami  newspaper  wri- 
t> r*  liiivf  hten  worrying'  their  brains  for  the  last 
tine  m"iith?<.  In  virtue  of  this  clause,  the  Sc- 
lutary  <'f  the  Treasury  pave  certain  transfer 
liraftrt  to  the  amount  of  two  millions  and  a  quar- 
ter;  mill  his  lepal  ripht  to  pivo  the  draft  was 
{iiiit  as  clear,  under  this  clause  of  the  bank  char- 
ii  r,  as  his  ripht  to  remove  the  deposits  was  un- 
ikr  another  clause  of  it.  The  transfer  is  made 
liv  draft ;  a  payment  out  of  the  treasury  is  made 
ujion  a  wiirnint  j  an<l  the  dill'ercnce  between  a 
t™i''fiT  draft  and  a  treasury  warrant  was  a  thing 
infissary  to  bo  known  by  every  man  who  aspired 
to  the  oilloe  of  illuminating  a  nation,  or  of  con- 
ilintitiR  a  criminal  prosecution,  or  even  of  under- 
namliii;;  what  ho  is  talking  about.  They  have 
110  relation  to  each  other.  The  warrant  takes 
the  money  out  of  the  treasury :  the  draft  trans- 
furs  it  from  point  to  point,  for  the  purpose  of 
inaivinf;  payment :  and  all  this  attack  upon  the 
Si'cretary  of  the  Treasury  is  simply  upon  thp 
Liundcr  of  mistaking  the  draft  for  tlf  "  arrant. 
"The  senator  from  Kentucky  calls  uiwn  the 
[xopii'  to  rise,  and  drive  the  (infhs  froi  i  the 
capiiol.  Who  are  those  Goths  ?  'i  ney  are 
(ieneral  Jackson  and  the  deimwratic  party, — 
llif  just  elected  President  over  the  lA'nator  him- 
Mi'.  and  the  party  just  been  made  the  majority 
jin  the  House — all  by  the  vote  of  the  people.  It 
15  their  act  that  has  put  these  Goths  in  posses- 
ion of  the  capitol  to  the  discomfiture  of  the 
nator  and  his  friends ;  and  he  ought,  to  be 
uite  sure  that  ho  folt  no  resentment  at  an  event 
io disastrous  to  his  hopes,  when  he  has  indulged 
imself  with  so  much  license  in  vituperating 
hose  whom  the  country  has  put  over  him. 

The  senator  from  Kentucky  says  the  eyes 
ml  the  hopes  of  the  country  are  now  turned 
ptn  Congress.  Yes,  Congress  is  his  word, 
lud  I  hold  him  to  it.  And  what  do  they  see  i 
hey  see  ono  House  of  Congress — the  one  to 
liich  the  constitution  gives  the  care  of  the 
lursc,  and  the  origination  of  impeachments,  and 
hich  is  fresh  from  the  popular  elections :  they 
e  that  body  with  a  majority  of  above  fifty  in 
vor  of  the  President  and  the  Secretary  of  the 
rea&ury,  and  approving  the  act  which  the  Bca- 


ator  ron«l<'!nns.  They  wo  that  |»opular  aiprv 
batjiiii  in  liHiltini;  nt  <iii<>  limn<'h  i>r<''ii)|;r«'«<i,  niid 
the  oiu'  rharpil  liy  the  i-<iniiti|u(ii>ii  wilii  llic 
ini|ni^itiiiii  into  rcijirnl  irrirvunc«"i.  |ii  th<<iitli<'r 
linwK-h  tln'V  we  a  ln<'ly  far  r''ni'iv>i|  from  the 
In'(i|iK'.  neplei'tiiip  i>H  |prii|«T  iliilirs,  •>  \/.Uy^  M|">n 
lUifv  of  another  liraiu'li  eonvertiiiv:  it-eli  inin  a 
prand  inijuest,  and  tryiiip  olli'tw'^  whieli  iti««  II" 
pnfer* ;  and  in  a  lipirit  whii'li  Im  ■•[waks  a  zcul 
tpiii'kened  l>y  the  sting  of  pcnional  niortillca- 
tion.  He  HavN  the  country  feels  it-i  If  deieived 
and  iK'trayed — insulted  and  wioii;;.  •! — its  lihei- 
ties  endaiigi'risl — and  the  trcisury  r"lilii'd  :  the 
reprecentativj's  of  the  |K'0|ile  in  the  other  lloii/'e, 
say  the  reverse  of  all  this — that  tli"  Pre.-iilriit 
has  8ftve<l  the  country  from  the  corinpf  domin- 
ion of  a  great  corrupting  hank,  by  taking;  away 
frotn  her  the  puhlic  m»ney  w  hich  she  was  usin;; 
in  bribing  the  pivss,  suhsidizini;  iiiiimIhts,  jnir- 
chasing  the  venal,  and  installing  hei>elf  iu  su- 
preme political  power. 

"The  senator  wishes  to  know  what  wo  are  In 
do?  What  is  our  duty  to  do?  I  answer,  to 
keep  ourselves  within  our  constitutional  duties 
— to  leave  this  impeachment  to  the  House  of 
Hepresentatives — leave  it  to  the  House  to  whicli 
it  belongs,  and  to  those  who  have  no  privato 
griefs  to  avenge — and  to  judges,  eai'h  of  whom 
should  retire  from  the  bench,  if  he  hajiiK'ned  to 
feel  in  his  heart  the  spirit  of  a  prosecutor  in- 
stead of  a  judge.  The  Senate  now  tries  Gene- 
ral Jack.son  ;  it  is  subject  to  trial  itself — to  Iks 
tried  by  the  people,  and  to  have  its  sentence 
reversed." 

The  corner-stone  of  Mr.  Clay'.s  whole  argu- 
ment was,  that  the  Bank  of  the  I'nited  States 
was  the  treasury  of  the  United  States.  This 
was  his  fundamental  position,  and  utterly  un- 
founded, and  shown  to  be  so  by  the  fourteenth 
article  of  what  was  called  the  constitution  of 
the  bank.  It  was  tho  article  which  provided 
for  the  establishment  of  brandies  of  tho  mother 
institution,  and  all  of  which  except  the  branch 
at  Washington  city,  were  to  ho  employed,  or 
not  employed,  as  tho  directors  pleased,  as  de- 
positories of  the  public  money  ;  and  conse- 
quently were  not  made  so  by  any  law  of  Con- 
gress.   The  article  said  : 

"The  directors  of  s:iid  corporation  shall  es- 
tablish a  competent  ottice  of  discount  and  de- 
posit in  the  District  of  Columbia,  whenever  rny 
law  of  the  United  States  shall  require  such  an 
establishment ;  also  one  such  office  of  discount 
and  deposit  in  any  State  in  which  two  thousand 
shares  shall  have  been  subsciibed,  or  may  1)0 
held,  whenever,  upon  application  of  the  legisla- 
ture of  buch  State,  Congress  may,  by  law,  re- 
quire the  same :  Provided,  The  directors  afore- 
said shall  not  bo  bound  to  establish  such  olUco 
before  the  whole  of  the  capital  of  the  bank  shall 


If 


::t 


410 


THIRTY  YEvVRS"  VIEW. 


have  iK'tri  pa'nl  up.  And  it  sholl  Ikj  lawful  for 
the  (lirL(  tors  of  the  said  coq)oration  to  establish 
offiros  of  discount  and  deposit  wheresoever  they 
Hliall  think  tit.  within  the  United  States  or  the 
territories  thiRof,  to  such  jwrsons,  and  under 
Kuch  rejiuhitions,  am  they  shall  deem  proper,  not 
Ixinj;  contrary  to  law,  or  the  constitution  of  the 
bank.  <tr,  instead  of  establirthing  such  offices, 
it  .shall  1' ■  lawful  for  the  directors  of  the  said 
corporation,  from  time  to  time,  to  employ  any 
other  bank  or  banks,  to  be  first  approved  by  the 
Secretary  of  the  Treasury,  at  any  place  or  places 
that  they  may  deem  safe  and  proper,  to  manafi^ 
and  transact  the  business  proposed  a.s  aforesaid, 
other  than  for  the  purposes  of  discount,  to  be 
managcil  and  transacted  by  such  officers,  under 
such  agreements,  and  subject  to  such  regula- 
tions, as  they  siiall  deem  just  and  proper. 

"  Air.  B.  went  on  to  remark  upon  this  article, 
that  it  plitccd  the  establishment  of  but  one  branch 
in  the  reach  or  power  of  Congress,  and  that  one 
was  in  tlie  District  of  Columbia — in  a  di.strict  of 
ten  miles  square — leaving  the  vast  extent  of 
twenty-four  States,  and  three  Territories,  to  ob- 
tain brandies  for  themselves  upon  contingencies 
not  dependent  upon  the  will  or  power  of  Con- 
gress ;  or  requiring  her  necessities,  or  even  her 
convenience,  to  be  taken  into  the  account.  A 
law  of  Congress  could  obtain  a  branch  in  this 

j?i* '  district ;  but  with  resi)ect  to  every  State,  the 

'  jj ; ,  establishment  of  the  branch  depended,  first,  upon 

the  mere  will  and  pleasure  of  the  bank ;  and, 
secondly,  upon  tiie  double  contingency  of  a  sub- 
scription, and  a  legislative  act,  within  the  State. 
If  then,  the  mother  bank  docs  not  think  fit,  for 
its  own  advantage,  to  establish  a  branch ;  or,  if 
the  people  of  a  State  do  not  acquire  2,000  shares 
of  the  stock  of  the  bank,  and  the  legislature, 
therefore,  demand  it,  no  branch  will  be  estab- 
lished in  any  State,  or  any  Territory  of  the 
Union.  Congress  can  only  require  a  branch,  in 
any  State,  after  two  contingencies  have  happened 
in  the  State ;  neither  of  them  having  the  slight- 
est reference  to  the  necessities,  or  even  conve- 
nience, of  the  federal  government. 

t  ''Here,  then,  said  Mr.  B.,  is  the  Treasury 

established  for  the  United  States !  A  Treasury 
which  is  to  have  an  existence  but  at  the  will  of 
the  bank,  or  the  will  of  a  State  legislature,  and 
a  few  of  its  citizens,  enough  to  own  2,000  shares 
of  stock  worth  $100  a  share !  A  Treasury 
which  Congress  has  no  hand  in  establishing,  and 
cannot  preserve  after  it  is  established  ;  for  the 
mother  bank,  after  establishing  her  branches, 

^-'  may  shut  them  up,  or  withdraw  them.    Such  a 

thing  has  already  happened.  Branches  in  the 
West  have  been,  some  shut  up,  some  withdrawn ; 
■.uid,  in  these  cases,  the  Treasury  was  broken  up, 
according  to  the  new-fangled  conception  of  a  na- 
tional Treasury.  No  !  said  Mr.  B.,  the  Federal 
bank  is  no  more  the  Treasury  of  the  United 
States  than  the  State  banks  are.  One  is  just  as 
much  the  Treasury  as  the  other ;  and  made  so 
by  this  very  14th  fundamental  article  of  the 
tonstitutiou  of  the  bank.    T,ook  at  it !    Look  at 


the  alternative !  Where  branches  arc  not,  (« 
tab1if<hc<i,  the  State  banks  are  to  l>e  enipldvoi ' 
"The  Bank  of  the  I'nitefl  States  is  t'PMi,.f^ 
the  State  bank  ;  the  Secretary  of  the  Trc^viirr 
is  to  approve  the  selection ;  and  if  he  (Ws  m 
the  State  bank  so  selected,  and  so  approv,.] 
becomes  the  keeper  of  the  public  moneys ;  ,t 
Ixicomes  the  depository  of  the  public  raoncv. 
it  transfers  them;  it  pays  them  out;  it  ii.'-. 
every  thing  except  make  discounts  for  the  mo- 
ther bank  and  issue  notes  ;  it  does  everythin: 
which  the  federal  government  wants  done ;  a;:"l 
that  is  nothing  but  what  a  bank  of  depo<iit  ( v.] 
do.  The  government  makes  no  choice  Ijctwten 
State  banks  and  branch  banks.  They  arc  all 
one  to  her.  They  stand  equal  in  her  eyes ;  th<  v 
stand  equal  in  the  charter  of  the  bank  itself;  anil 
the  horror  that  has  now  broken  out  against  the 
State  banks  is  a  thing  of  recent  conception— a 
Tcry  modern  impulsion ;  which  is  rebuked  an! 
condemned  by  the  very  authority  to  whicli  it 
traces  its  source.  Mr.  B.  said,  the  State  banks 
were  just  as  much  made  the  federal  treasury  by 
the  bank  charter,  as  the  United  States  Bank 
itself  was :  and  that  was  sufficient  to  annihilate 
the  argument  which  now  sets  up  the  fdiral 
bank  for  the  federal  treasury.  But  the  fact  was, 
that  neither  was  made  the  Treasury  ;  and  it 
would  be  absurd  to  entertain  such  an  idea  fur 
an  instant ;  for  the  federal  bank  may  surrender 
her  charter,  and  cease  to  exist — it  can  do  so  at 
any  moment  it  pleases — the  State  banks  may  | 
expire  upon  their  limitation ',  they  may  Eur- 
render ;  they  may  be  dissolved  in  many  ways, 
and  so  cease  to  exist ;  and  then  there  would  be  I 
no  Treasury !  What  an  idea,  that  the  existence 
of  the  Treasury  of  this  great  republic  is  to  d^  | 
pend,  not  upon  itself,  but  upon  corporations. 
which  may  cease  to  exist,  on  any  day,  by  tlieir  | 
own  will,  or  their  own  crimes." 

The  debates  on  this  subject  brought  out  the  I 
conclusion  that  the  treasury  of  the  United  States 
had  a  legal,  not  a  material  existence— that  the 
Treasurer  having  no  building.?,  and  keepers,  to 
hold  the  public  moneys,  resorted  (when  the  I 
treasury  department  waa  first  established),  to  I 
the  collectors  of  the  revenue,  leaving  the  money  I 
in  their  hands  until  drawn  out  for  the  pnbliel 
service — which  was  never  long,  as  the  revenues  I 
were  then  barely  adequate  to  meet  the  daily  I 
.expenses  of  the  government ;  afterwards  to  the  I 
first  Bank  of  the  United  States — then  to  looll 
banks;  again  to  the  second  bank;  and  uoil 
again  to  local  banks.  In  all  these  cases  tbtl 
keepers  of  tho  public  moneys  were  nothing  bis  I 
keepers,  being  the  mere  agents  of  the  Secretanl 
of  the  treasury  in  holding  the  moneys  which  In  I 
had  no  means  of  holding  himself.  From  theil 
discussions  come  the  train  of  ideas  which  ledul 


ANNO  1834.     ANDREW  JACKSON,  TUIMDENT. 


411 


tbr (cubli^hment  of  the  independent  trctsury 

-ih»t !!» to  say,  to  the  creation  of  ofllcers,  ^rA 
the  erection  of  buildings,  to  holi   tho   public 


CHAPTER    CI. 

CONDEMNAri"N  OF  PRESIDENT  JACKSOX-MR. 
CALHOUN'S  SI'EECII-EXTUACTS. 

Ii  was  fi)rc?ecn  at  the  time  of  tho  coalition  be- 
tween Mr.  Calhoun  and  Mr.  Clay,  in  which  they 
came  together — a  conjunction  of  the  two  political 
p,j](.;_on  the  subject  of  tho  tarifi*,  and  laid  it 
I  awaj'  for  a  term  to  include  two  presidential 
tlections — that  tho  effect  would  bo  (even  if  it 
w;is  not  the  design),  to  bring  them  together  upon 
all  other  subjects  against  General  Jackson.   This 
fxpoctation  was  not  disappointed.    Early  in  the 
Idibate  on  Mr.  Clay's  condemnatory  resolution, 
Jlr.  Calhoun  took  tho  floor  in  its  support ;  and 
■  did  Mr.  Clay  the  honor  to  adopt  his  leading 
I  ideas  of  a  revolution,  and  of  a  robbery  of  the 
I  treasury.    He  not  only  agreed  that  we  were  in 
I  the  middle  of  a  revolution,  but  also  asserted,  by 
Iway  of  consolation  to  those  who  loved  it,  that 
[revolutions  never  go  backwards — an  aphorism 
Idcstined,  in  this  case,  to  be  deceived  by  the  event. 
IIq  the  pleasing  anticipation  of  this  aid  from  Mr. 
Calhoun  and  his  friends,  Mr.  Clay  had  com- 
placently intimated  the  expectation  of  this  aid 
lin  his  opening  speech ;  and  in  that  intimation 
pere  was  no  mistake.    Mr.  Calhoun  responded 
I  it  thus : 

"  The  Senator  from  Kentucky  [Mr.  Clay]  an- 
licipates  with  confidence  that  the  small  party, 
riio  were  denounced  at  the  last  session  as  trai- 
lers and  disuiiionists,  will  be  found,  on  this 
Irying  occasion,  standing  in  the  front  rank,  and 
manfully  resisting  the  advance  of  despotic  power. 
1  (said  Mr.  C.)  heard  the  anticipation  with  plea- 
lure,  not  on  account  of  the  compliment  which  it 
nplicd,  but  the  evidence  which  it  affords  that 
Die  cloud  which  has  been  so  industriously  thrown 
|Ter  the  character  and  motive  of  that  small  but 
atriotic  party  begins  to  be  dissipated.    The  Se- 
ator  hazarded  nothing  in  the  prediction.    That 
arty  is  tho  determined,  the  fixed,  and  sworn 
kieiny  to  usurpation,  come  from  what  quarter 
Till  under  what  form  it  may — whether  fi"om  tho 
iiecutive  upon  tho  other  departments  of  this 
bvernment,  or  from  this  government  on  the 
bvereignty  and  rights  of  the  States.     'J'he  reso- 
ktion  and  fortitude  with  which  it  maintained  its 


poiiition  at  the  last  session,  under  so  many  liiffl- 
culties  and  daii'jri'i-s,  in  (k'rcni-e  v(  tin-  State!* 
again.st  the  eiu'iuaclinii-nts  i>{  tin-  priirnil  ^'n- 
vernnient,  furnis'lied  evidence  not  to  lie  niisiakin, 
that  that  party,  in  the  present  nionientoim 
struggle,  would  Ito  found  arrayed  in  dcl'iiice  of 
the  rights  of  Con-iress  against  tlie  enrroaeh- 
nients  of  tne  President.  And  let  nic  tell  tho 
Senator  from  Kentucky  (said  Mr.  (.'.)  that,  if 
the  jiresent  struggle  against  executive  usurjia- 
tion  be  successful,  it  will  lio  owing  to  the  sue(e>,s 
with  which  we.  the  nulliliers — I  am  not  afraid 
of  the  wonl — maintained  the  rights  of  the  States 
against  the  encroachment  of  the  general  govern- 
ment at  the  last  tfossiun." 

This  assurance  of  aid  was  no  sooner  given 
than  complied  with.  Mr.  Calhoun,  and  all  his 
friends  came  immediately  to  the  support  of  tho 
resolution,  and  even  excecde<l  their  author  in 
their  zeal  against  the  President  and  his  Secre- 
tary, Notwithstanding  the  private  grief  which 
Mr.  Calhoun  had  against  General  Jackson  in 
the  affair  of  the  "  correspondence "  and  tho 
"exposition" — tho  contents  of  which  latter 
were  well  known  though  not  published — and 
notwithstanding  every  person  was  obliged  to 
remember  that  grief  while  Mr.  Calhoun  was 
assailing  the  General,  and  alleging  patriotism 
for  the  motive,  and  therefore  expected  that  it 
should  have  imposed  a  reserve  upon  him ;  yet, 
on  the  contrary  he  was  most  personally  bitter, 
and  used  language  which  would  be  incredible, 
if  not  found,  as  it  is,  in  his  revised  reports  of 
his  speeches.  Thus,  in  enforcing  Mr.  Clay's 
idea  of  a  robbery  of  the  treasury  after  the  man- 
ner of  Julius  Cassar,  he  said : 

"  The  senator  from  Kentucky,  in  connection 
with  this  part  of  his  argument,  read  a  striking 
passage  from  one  of  tho  most  pleasing  and  in- 
stiLCtive  writers  in  any  language  [I'lutarch], 
the  description  of  Caesar  forcing  himself,  s\vord 
in  hand,  into  the  treasury  of  the  Konian  common- 
wealth. We  are  at  the  same  stage  of  our  pcjli- 
tical  revolution,  and  the  analogy  between  tho 
two  cases  is  complete,  varied  only  by  the  char- 
acter of  the  actors  and  the  circumstances  of  the 
times.  That  was  a  case  of  an  intrepid  and  bold 
warrior,  as  an  open  plunderer,  seizing  forcibly 
the  treasury  of  the  country,  which,  in  that  re- 
public, as  well  as  ours,  was  confined  to  the  cus- 
tody of  the  legislative  department  of  the  goveni- 
ment.  The  actors  in  our  case  are  of  a  difl'erent 
character — artful,  cunning,  and  corrupt  poli- 
ticians, and  not  fearless  warriors.  They  have 
entered  the  treasury,  not  sword  in  hand,  as  pub- 
lic plunderers,  but,  with  the  false  keys  of  soph- 
istry, as  pilferers,  under  the  silence  of  midnight 
i  The  motive  and  the  object  are  the  same,  varied 


.1,  :'l 


412 


THIRTY  YEARS'  VIKW. 


J- 
i 


in  like  manner  by  circnniHtanccs  and  character. 
With  money  I  will  pet  men.  and  with  men 
money,'  was  the  maxim  of  tJie  Roman  phmderer. 
With  money  we  will  pet  partisans,  with  partiflant) 
vote?,  and  with  votes  money,  is  the  ma.xim  of  our 
public  pilferers.  With  men  and  money  Caesar 
htnick  down  lioman  liberty,  at  the  fatal  battle 
of  I'harsalia,  never  to  ri.se  again ;  from  which  dis- 
astrous hour  all  the  powers  of  the  Roman  repub- 
lic were  consolidated  inthofHjrson  of  Caesar,  and 
perpetuated  in  his  line.  With  money  and  cor- 
rupt partisans  a  preat  cdort  is  now  making  to 
chokt  and  stifle  the  voice  of  American  liljcrty, 
throu{;h  all  its  natural  organs ;  by  corrupting 
the  press  ;  by  overawing  the  other  departments ; 
and,  finally,  by  setting  up  a  new  and  polluteil 
organ,  compo.scd  of  office-holders  and  cornipt 
partisans,  under  the  name  of  a  national  conven- 
tion, %vhich,  counterfeiting  the  voice  of  the  people, 
will,  if  not  resisted,  in  their  name  dictate  the 
succession ;  when  the  deed  will  bo  done,  the  re- 
volution be  completed,  and  all  the  powers  of  our 
republic,  in  like  manner,  be  consolidated  in  the 
President,  and  perix;tuated  by  his  dictation." 

On  the  subject  of  the  revolution,  "bloodless 
as  yet,"  in  the  middle  of  which  we  were  engaged, 
and  which  was  not  to  go  backwards,  Mr.  Cal- 
houn said : 

"  Viewing  the  question  in  its  true  light,  as  a 
struggle  on  the  part  of  the  Executive  to  seize  on 
the  power  of  Congress,  and  to  unite  in  the  Pre- 
sident the  power  of  tlio  sword  and  the  purse,  the 
senator  from  Kentucky  [Mr.  Clay]  said  truly, 
and,  let  me  add,  philosophically,  that  we  are  in 
the  midst  of  a  revolution.  Yes,  the  very  exis- 
tence of  free  governments  rests  on  the  proper 
distribution  and  organization  of  power ;  and,  to 
destroy  this  distribution,  and  thereby  concentrate 
power  in  any  one  of  the  departments,  is  to  effect 
a  revolution.  But  while  I  agree  with  the  sen- 
ator that  wo  arc  in  the  midst  of  a  revolution,  I 
cannot  agree  with  him  as  to  the  time  at  which 
it  commenced,  or  the  point  to  which  it  has  pro- 
gressed. Looking  to  the  distribution  of  the 
jiowcrs  of  the  general  government,  into  the  leg- 
islative, executive,  and  judicial  departments,  and 
confining  his  views  to  the  encroachment  of  the 
executive  upon  the  legislative,  he  dates  the  com- 
mencement of  the  revolution  but  sixty  days 
jirevious  to  the  meeting  of  the  present  Congress. 
I  (said  Mr.  C.)  take  a  wider  range,  and  date  it 
from  an  earlier  period.  Besides  the  distribution 
among  the  departments  of  the  general  govern- 
ment, there  belongs  to  our  system  another,  and 
a  far  more  important  division  or  distribution  of 
power — that  between  the  States  and  the  general 
government,  the  reserved  and  delegated  rights, 
the  maintenance  of  which  is  still  moreesbcntial  to 
the  preservation  of  our  institutions.  Taking  this 
wide  view  of  our  political  system,  the  revolu- 
tion, in  the  midst  of  which  we  are,  began,  not  as 
iuiipoEcd  by  the  senator  from  Kentucky,  shortly 


lieforc  the  commencement  of  the  present  wwi-.n, 
but  many  years  ago,  with  the  commena-ment '.:' 
the  restrictive  sywtem,  and  terminatefi  it,i  tint 
stage  with  the  pa-ssago  of  the  forrc  bill  of  t!- 
last  session,  which  absorbed  all  the  rights  ami 
sovereignty  of  the  States,  and  consol(lat«.'(l  their, 
in  this  government.  Whilst  this  process  was 
going  on,  of  absorbing  the  reserved  powers  (f 
the  States,  on  the  part  of  the  general  government 
another  commenced,  of  concentrating  in  the  n. 
ecutive  the  powers  of  the  other  two— the  le^ris- 
lativc  ami  judicial  departments  of  the  govern- 
ment ;  which  constitutes  the  second  stage  of  tht 
revolution,  in  which  we  have  advanced  almo-t 
to  the  termination.". 

Mr.  Calhoun  brought  out  in  this  debate  tho 
assertion,  in  which  he  persevered  afterwards  un- 
til it  produced  the  quarrel  in  the  Senate  betwtvn 
himself  and  Mr.  Clay,  that  it  was  entirely  owing 
to  the  military  and  nullifying  attitude  of  South 
Carolina  that  the  "  compromise  "  act  was  passed, 
and  that  ^fr.  Clay  himself  would  have  ken 
prostrated  in  the  attempt  to  compromise.  He 
thus,  boldly  put  forward  that  pretension ; 

"  To  the  interposition  of  the  State  of  Soutli 
Carolina  we  are  indebted  for  the  adjustment  of 
the  tariff  question ;  without  it,  all  the  influence 
of  the  senator  from  Kentucky  over  the  manu- 
facturing interest,  great  as  it  deservedly  is,  would 
have  been  wholly  incompetent,  if  he  had  even  | 
thought  proper  to  exert  it,  to  adjust  the  ques- 
tion. The  attempt  would  have  prostrated  him, 
and  those  who  acted  with  him,  and  not  the  sys- 1 
tem.  It  was  the  separate  action  of  the  Stito 
that  gave  him  the  place  to  stand  upon,  created 
the  necessity  for  the  adjustment,  and  dispoaj 
the  minds  of  all  to  compromise." 

The  necessity  of  his  own  position,  and  the  la 
dispensability  '•  I  Mr.  Calhoun's  support,  restnin- 1 
cd  Mr.  Clay,  and  kept  him  quiet  under  this 
cutting  taunt;  but  he  took  ample  satisfactioD 
for  it  some  years  later,  when  the  trium{ih  of  | 
General  Jackson  in  the  "  expunging  resolution,^ 
and  the  decline  of  their  own  prospects  for  the  | 
Presidency,  dissolved  their  coalition,   and  re^ 
mitted  them  to  their  long  previous  antagonistic 
feelings.    But  there  was  another  point  in  which  I 
Mr.  Calhoun  intelligibly  indicated  what  tuj 
fully  believed  at  the  time,  namely,  that  the  basii 
of  the  coalition  which  ostensibly  had  for  its  ob- 1 
ject  the  reduction  of  the  tariff,  was  in  reality  a  [ 
political  coalition  to  act  against  General  Jack^oi.  I 
and  to  the  success  of  which  it  was  essential  thu  I 
their  own  great  bone  of  contention  was  lo  be  laid  I 
aside,  and  kept  out  of  the  way,  while  thecoili>| 
tion  was  in  force.    It  was  to  enable  themtil 


ANNO  1834.    ANDREW  JACKST.X.  rilE>n)EXT. 


413 


mite  their  forces  agaiimt  tho  "  encroochments 
jnd  comiptionsof  the  Executive"  that  tho  tariff 
ivii  then  laid  away ;  and  althouj;h  the  removal  of 
(ne  deposits  was  not  then  foreseen,  aa  tho  first 
.n'cwiu"  ^'"'  *^*  conjunction,  yet  there  could 
have  becti  '.o  failure  of  finding  occasions.enough 
fir  the  same  purpose  when  the  will  waa  so 
^,f(,n„_as  subsequent  events  so  fully  proved. 
(ienend  Jackson  could  do  but  little  during  the 
remainder  of  his  Presidency  which  was  not 
found  to  be  "  unconstitutional,  illegal,  corrupt, 
uturpinii,  and  dangerous  to  the  liberties  of  the 
u'ople;"  and  as  such,  subject  to  tho  combined 
attack  of  Mr.  Clay  and  Mr.  Calhoun  and  their 
respective  friends.  All  this  was  as  good  as 
told,  and  with  an  air  of  self-satisfaction  at  the 
foresight  of  it,  in  these  paragraphs  of  Mr.  Cal- 
houn's speech: 

'Now,  I  put  tho  solemn  question  to  all  who 
I  hear  me:  if  the  tariff'  had  not  then  been  adjust- 
jed— if  it  was  now  an  open  question — what  hope 
I  of  successful  resistance  against  the  usurpations 
of  the  Exccuti^i  on  the  part  of  this  or  any 
I  other  branch  ;  •" .  •ernment,  could  be  enter- 

jtained?    Let  it  .        '  said  that  this  is  the  re- 
I  suit  of  accident  :   unforeseen  contingency. 

lit  was  clearly  perceived,  an*'  openly  stated,  that 
111)  successful  resistance  could  be  made  to  the 
corruption  and  encroachments  of  the  Executive, 
while  the  tariff'  question  remained  open,  while  it 
separated  the  North  from  the  South,  and  wasted 
the  energy  of  the  honest  and  patriotic  portions 
of  the  community  against  each  other,  the  joint 
ctfort  of  which  is  indispensably  necessary  to  ex- 
pel those  from   authority  who  are  converting 
the  entire  powers  of  government  into  a  corrupt 
|tlcctioneering  machine ;  and  that,  without  sepa- 
rate State  interposition,  the  adjustment  was  im- 
ossible.    The  truth  of  this  position  rests  not 
pon  the  accidental  state  of  things,  but  on  n 
iiofound  principle  growing  out  of  the  nature  of 
overnment,  and  party  struggles  in  a  free  State. 
listory  and  reflection  teach  us,  that  when  great 
nterests  come  into  conflict,  and  the  passions  and 
he  prejudices  of  men  are  aroused,  such  strug- 
les  can  never  be  composed  by  the  influence  of 
i\y  individuals,  however  great ;  and  if  there  be 
ot  somewhere  in  the  system  some  high  consti- 
Mtional  power  to  arrest  their  progress,  and  com- 
1  the  parties  to  adjust  the  difference,  they  go 
n  till  the  State  falls  by  corruption  or  violence. 
"  I  will  (said  Mr.  C.)  venture  to  add  to  these 
marks  another,  in  connection  with  the  point 
ndcr  consideration,  not  less  true.     We  are  not 
oly  indebted  to  tho  cause  which  I  have  stated 
r  our  present  strength  in  this  body  against 
e  present  usurpation  of  the  Executive,  but  if 
e  adjustment  of  the  tariff"  had  stood  alone,  as 
ought  to  have  done,  without  the  odious  bill 
hich  accompanied  it — if  those  who  led  in  the 


compromise  had  joined  tin"  Statc-riirhts  party 
in  their  ri'sistancu  to  that  unoon-ititutiuniil  un'n.'i- 
ure,  and  thrown  the  n'SjM)nsibilily  on  hn  rtni 
authors,  the  adininistnition.  tloir  |>arty  wonlil 
have  been  so  prostrated  throughout  the  entiivi 
South,  and  their  power,  in  cunsequence,  so  re-' 
du(«d,  that  they  would  not  have  dared  to  nttempt 
the  present  measure ;  or,  if  tlu-y  Imd,  thi-y 
would  have  been  broken  and  defeated." 

Mr.  Calhoun  took  high  ground  of  contempt 
and  Bcon^  against  tho  Secretary's  reasons  fur 
removing  the  deposits,  so  far  as  founde<l  in  the 
misconduct  of  tho  bank  directors — declaring 
that  he  would  not  condescend  to  notice  them — 
repulsing  them  as  intrusive — and  shutting  his 
eyes  upon  these  accusations,  although  heinous 
in  their  nature,  then  fully  proved ;  and  since 
discovered  to  be  far  more  criminal  than  thin 
suspected,  and  such  as  to  subject  their  authors, 
a  few  years  afterwards,  to  indictments  in  tho 
Court  of  General  Sessions,  for  the  county  of 
Philadelphia,  for  a  "conspiracy  to  cheat  and 
defraud  the  stockholders ;" — indictments  on 
which  they  were  saved  from  jury  trials  by  be- 
ing "habeas  carpus' d"  out  of  the  custody  of 
the  sheriff  of  the  county,  who  had  arrested 
them  on  bench  warrants.  Mr.  Calhoun  thus 
repulsed  all  notice  of  these  accusatio/is  : 

"  The  Secretary  has  brought  forward  many 
and  grievous  charges  against  the  bank.  I  will 
not  condescend  to  notice  them.  It  is  the  con- 
duct of  the  Secrctarj',  and  not  that  of  the  bank, 
which  is  immediately  under  examination ;  and 
he  has  no  right  to  drag  the  conduct  of  the  bank 
into  the  issue,  beyond  its  operations  in  regard 
to  the  deposits.  To  that  extent  I  am  prepared 
to  examine  his  allegations  against  it ;  but  be- 
yond that  ho  has  no  right — no,  not  the  least — 
to  arraign  the  conduct  of  the  bank ;  and  I,  for 
one,  will  not,  by  noticing  his  charges  beyond 
that  point,  sanction  his  authority  to  call  its  con- 
duct in  question.  But  let  the  point  in  issue 
be  determined,  and  I,  as  far  as  my  voice  ex- 
tends, will  give  to  those  who  desire  it  the  means 
of  the  freest  and  most  unlimited  inquiry  into  its 
conduct." 

But,  while  supporting  Jlr.  Clay  generally  in 
hia  movement  against  the  President,  Mr.  Cal- 
houn disagreed  with  him  in  the  essential  aver- 
ment in  his  resolve,  that  his  removal  of  Mr. 
Duane  because  he  would  not,  and  the  appoint- 
ment of  Mr.  Taney  because  ho  would,  remove 
them  was  a  usurpation  of  power.  Mr.  Calhoun 
held  it  to  be  only  an  "  abuse ;"  and  upon  that 
point  he  procured  a  modification  of  his  resolve 
from  Mr.  Clay,  nothwithstanding  the  enrucst- 


W 


>}'-. 


■'J:«.Cf    >• 


414 


THIRTY  YEARS'  VIEW. 


A  ■■■■ 


nc«s  of  liis  ppocrh  fin  the  chnrpc  of  U!-iirpatinn. 
And  he  tlius  stated  his  olijecUon  : 

"  But,  wliile  I  thus  severely  condemn  the  con- 
duct of  tlic  I'rcKidcnt  in  removing  the  former 
Sc-crutary  and  appointing  the  present,  I  must 
eny,  that  in  my  opinion  it  is  a  cattc  of  the  abuse, 
and  not  of  the  iisurpation  of  power.  I  cannot 
doubt  that  the  "  resident  has,  under  the  consti- 
tution, tiic  rip>  f  removal  from  olBce ;  nor  can 
I  doubt  that  ttic  power  of  removal,  wherever  it 
exists,  docs,  from  necessity,  involve  the  power 
of  (i^ncral  supcrvisioii ;  nor  can  1  doubt  that  it 
niigiit  be  constitutionally  exercised  in  reference 
to  the  deposits.  Kcvcrse  the  present  case;  sup- 
nose  the  late  Secretarj',  instead  of  being  against, 
had  l>een  in  favor  of  the  removal ;  and  that  the 
President,  instead  of  being  for,  had  been  against 
it,  deemifig  the  removal  not  only  inexpedient, 
but,  under  circumstances  illegal ;  wo  'd  any 
man  doubt  that,  under  such  circumstances,  he 
had  a  right  to  remove  his  Secretary,  if  it  were 
the  only  meiins  of  pi  eventing  the  removal  of  the 
deposits  ?  Nay,  wotdd  it  not  be  his  indispen- 
eablc  duty  to  have  removed  iiim  ?  and,  had  he 
not,  would  not  he  have  been  universally  and 
justly  held  responsible  ?  " 

In  all  the  vituperation  of  the  Secretary,  as 
being  the  servile  instrument  of  the  President's 
will,  the  members  who  indulged  in  that  species 
of  attack  were  acting  against  public  and  record- 
ed testimony.  Mr.  Taney  was  complying  with 
his  own  sense  of  public  duty  when  he  ordered 
the  removal.  He  bad  been  attorney-general 
of  the  United  States  when  the  deposit-removal 
question  arose,  and  in  all  the  stages  of  that 
question  had  been  in  favor  of  the  '•emoval ;  so 
tb^t  his  conduct  was  the  result  of  his  own  judg- 
ment and  conscience ;  and  the  only  interfcrenco 
of  the  Presi'uent  was  to  plact  him  in  a  situation 
where  he  would  carry  out  his  convictions  of 
duty.  Mr.  Calhoun,  in  tliis  speech,  absolved 
himself  fi-om  all  connection  with  the  bank,  or 
dependence  upon  it,  or  favors  from  it.  Though 
its  chief  author,  he  wouM  have  none  of  its  ac- 
commodations :  and  said  : 

"  I  am  no  partisan  of  the  bank ;  I  am  con- 
nected with  it  in  no  way,  by  moneyed  or  politi- 
ual  ties.  I  might  say,  with  truth,  that  the  bank 
owes  as  much  to  me  as  to  any  other  individual 
in  the  country ;  and  I  might  even  add  tnat,  had 
it  not  been  for  my  efforts,  it  would  not  have 
been  chartered.  Standing  in  this  relation  to 
the  institution,  a  high  sense  of  delicacy,  a  regard 
to  independence  and  character,  has  ret;trained 
mo  from  any  connection  with  the  institution 
whatever,  except  some  trifling  accommodations, 
\d  the  way  of  ordinary  business,  which  were 


not  of  the  slightest  inifiortance  either  to  tV 
bank  or  myself." 

Certainly  there  was  no  necessity  for  Mr.  Cj]. 
houn  to  make  this  disclaimer.  His  cliaracfir 
for  pecuniary  intt>grity  placed  him  above  t!,„ 
Buspicfon  of  &  venul  motive.  His  errors  cairi> 
from  a  different  source — from  the  one  'hat  la- 1 
sar  thought  excusable  when  empire  wis  to  I,. 
attained.  Mr.  Clay  also  took  the  opportunliv 
to  dibclaim  any  present  connection  with,  or  pa^t 
favors  from  the  bank ;  and, 

"Begged  permission  to  trespass  a  few  mv 
ments  longer  on  the  Senate,  to  make  a  state- 1 
raent  concerning  himself  personally.     Ue  had 
heard  that  one  high  in  office  had  allowed  him- 
self  to  a.sBert  that  a  dishonorable  conncotiir  I 
had  subsisted  between  him  (Mr.  C),  and  tin 
Bank  of  the  United  Str.tes.    When  the  prcseM  I 
charter  was  granted,  he  voted  Ibr  it ;  and.  hat- 
ing  done  so,  he  did  not  feel  himself  at  libenr  | 
to  subscribe,  and  he  did  not  subscribe,  for  a  sin- 
gle u.  we  in  the  stock  of  the  bonk,  altliougli  lie  I 
confidently  anticipated  a  great  rise  in  the  value 
of  the  stock.    A  few  years  afterwards,  dtirint 
the  presidency  of  Mr.  Jones,  is  was  thought  hv 
some  <'f  his  friends  ai  Philadelphia,  expedient  ii 
make  him  (Mr.  C),  a  director  of  the  Bank  of 
the  United  States ;  and  he  was  made  a  director 
without  anj  consultation  with  him.    For  tint 
purpose  five  shares  were  purchased  for  him,  Ly 
a  friend,  for  which  he  (Mr.  C),  afterwards  paii 
When  he  ceased  to  be  a  director,  a  short  time 
subsequently,  he  disposed  of  those  shares,   lie 
does  not  now  own,  and  has  noi  for  many  jears  I 
been  the  proprietor  of,  a  single  share. 

"When  Mr.  Cheves  was  appointed  president 
of  the  bt  nk,  its  affairs  in  the  States  of  Kentucky 
and  Ohio  were  in  great  disorder ;  and  his  (.Mr,  I 
C.'s),  professional  services  were  engaged  durioj  I 
several  years  for  the  bank  in  those  States,  lli  I 
brought  a  vast  number  of  suits,  and  transacted  I 
a  great  amount  of  professional  business  for  ttie  I 
bank.  Among  other  suits  was  that  fur  theni-l 
covery  of  the  one  hundred  thousand  dolltrs,! 
seized  under  the  authority  cf  a  law  of  Ohio! 
which  ho  carried  through  the  inferior  and  su- 1 
preme  courts.  He  was  paid  by  the  bank  tiit  I 
usual  compensation  for  these  services,  and  col 
more.  And  he  ventured  to  assert  that  no  pro- 1 
fessional  fees  were  ever  more  honestly  and  fair  I 
ly  earned.  He  had  not,  however,  been  tJnl 
counsel  for  the  bank  for  upwards  of  eight  yean  I 
past.  He  does  not  owe  the  bank,  or  any  one  I 
of  its  branches,,  a  solitary  cent.  About  twelve! 
or  fifteen  years  ago,  owing  to  the  failure  of  >| 
highly  estimable  (now  decea.sed),  friend,alar^| 
amount  of  debt  had  been,  as  his  indorser,  tlironi 
upon  him  (Mr.  C),  and  it  was  principally  ii«| 
to  the  Bank  of  the  United  States.  He  (Mr  C.)1 
established  for  himself  a  rigid  economy,  a  sink- 1 
ing  fund,  and  worked  hard,  and  paid  oft'  tlie  deiD| 


ASSO  1S34.     ANDREW  JACKSON.  TRESIDKNT. 


4ir> 


xtrtancc  cither  to  tV 


irnzfiix^.  without  recciTinR  from  the  bank  the 
,,,.ht(st  favor.  WhilHt  others  around  him 
^,!"re  disj'hnruing  their  dehts  in  property,  at 
l,iffh  Tiiluations,  he  jicriodically  renewe(\  his 
ntito.  piyinp  the  discount,  until  it  was  wholly 
,itiiigui.slied." 

But  it  was  not  every  member  who  could  thus 

jticolve  himself  from  bank  connccti<in,  favor,  or 

(Iijicndcnce.      The  list  of  congressional    bor- 

^}wcrs.  or  retainers,  was  large— not  less  than 

tiftv  of  the  former  at  a  time,  and  a  score  of  the 

Littci ;  'M(\  even  after  the  failure  of  the  bank 

and  vhc  assignment  of  its  effects,  and  after  all 

j^ible  liquidations  had  been  effected  by  tak- 

I  i[j.T  oropcrty   at   "  high    valuation,"   allowing 

lirp!. V  for  " professional  services,"  and  liberal 

Ksorts  lo  the  "profit  and  loss"  account,  there 

rimained  many  to  be  sued  by  the  assignees  to 

wiiom  their  notes  were  passed ;  and  some  of 

Ei:ch  early  date  as  to  be  met  by  a  plea  of  the 

statute  of  limitations  in  bar  of  the  stale  de- 

mard.    Mr.  Calhoun  concluded  with  a  "  lift  to 

I  the  panic"  in  a  reference  to  the  "  fearful  crisis" 

I  in  which  we  were  involved — the  dangers  ahead 

I  to  tlie  liberties  of  the  country— the  perils  of  our 

]  institutions — and  a  hint  at  his  permanent  reme- 

I  (ij— his  panacea  for  all  the  diseases  of  the  body 

]  politic— dissolution  of  the  Union.     He  ended 

Ithus: 

"We  have  (said  Mr.  C),  arr'vjd  at  a  fearful 
I  crisis;  things  cannot  long  remam  as  they  are. 
lit  behooves  all  w^ho  love  the^r  country,  who 
I  have  aftection  for  tht;r  offspring,  or  who  have 
I  any  stake  in  our  institutions,  to  pause  and  re- 
Ifiict.  Confidence  is  daily  withdrawing  from 
Ithe  general  government.  Alienation  is  hourly 
Ipoinp  on.  These  will  necessarily  create  a  state 
■of  tilings  inimical  to  the  existence  of  our  insti- 
Itutioiis,  and,  if  not  speedily  arrested,  convul- 
Ifions  must  follow,  and  then  comes  dissolution 
lor  despotism  j  when  a  thick  cloud  will  be 
■thrown  over  the  cause  j(  liberty  and  thj  future 
Ipronpecls  of  our  country." 


CHAPTER    CII. 

PUBLIC   DISTBES9. 

f  i-oM  the  moment  of  the  removal  of  the  depos- 
»,  it  was  seen  that  the  plan  of  the  Bank  of  the 
[Jnitcd  States  was  to  force  their  return,  and 
Irith  it  a  renewal  of  Jt3  charter,  by  operating  on 


the  business  of  the  country  and  the  alnrms  of 
the  people.  For  this  purpo.^e,  loons  and  occom 
modations  were  to  cease  nt  tin'  ir-'thiT  bank 
and  all  its  branches,  and  in  all  tlio  liM-nl  banks 
over  which  the  national  bank  had  control ;  and 
at  the  same  time  that  discounts  were  stopjKMl. 
curtp*'."...cnt8  were  made ;  and  all  business  men 
called  on  for  the  payment  of  all  they  owed,  at 
the  same  time  that  all  the  usual  souici's  of  sup- 
ply were  stopped.  This  pressure  v/ns  made  to 
fall  upon  the  business  commanity,  especially 
upon  large  establishments  employing  a  great 
many  operatives  ;  so  as  to  throw  as  many  labor- 
ing people  as  possible  out  oi  employment.  At 
the  same  time,  politicians  engaged  in  making 
panic,  had  what  amounts  they  pleased,  an  in- 
stance of  a  loan  of  iJ100,000  to  a  single  one  of 
these  agitators,  being  detected;  and  a  loan  of 
5j;l,100,000  to  a  broker,  employed  in  making  dis- 
tress, and  in  relieving  it  in  favored  cases  at  a 
usury  f>f  two  and  a  half  per  centum  per  month. 
In  this  manner,  the  business  community  was 
oppressed,  and  in  all  parts  of  the  Union  at  the 
same  time:  the  organization  of  the  national 
bank,  with  branches  in  every  State,  and  its  con- 
trol over  local  banks,  being  sufficient  to  enable 
it  to  have  its  policy  carried  into  effect  in  all 
places,  and  at  the  same  moment.  Tiiu  first  step 
in  this  policy  was  to  get  up  distress  meetings — 
a  thing  easily  done — and  then  to  have  these 
meetings  properly  oflScered  and  conducted.  Men 
who  had  voted  for  Jackson,  but  now  renounced 
*him,  were  procured  for  president,  vice-presi- 
dents, secretaries,  and  orators ;  distress  orations 
were  delivered ;  and,  after  sufficient  exercise  in 
that  way,  a  memorial  and  a  set  cf  resolves, 
prepared  for  the  occasion,  were  presented  and 
adopted.  Af  -  adoption,  the  old  way  of  send- 
ing by  the  mail  was  discarded,  and  a  deputation 
selected  to  proceed  to  Washington  and  make 
delivery  of  their  lugubrious  document.  These 
memorials  generally  came  in  duplicate,  to  bo 
presented,  in  both  Houses  at  once,  by  a  senator 
from  the  State  and  the  representative  from  the 
district.  These,  on  presenting  the  petition,  de- 
livered a  distress  harangue  on  its  contents, 
often  supported  by  two  or  three  adjtmct  speak- 
ers, although  there  was  a  ruie  to  forbid  any 
thi"';  being  said  on  such  occasions,  except  to 
make  a  brief  statement  of  the  contents.  Now 
they  were  read  in  violation  of  the  rule,  ond 
spoke  upon  in  violation  of  the  rule,  and  printed 


it 


I  I 

1  !■;■■' 


.-!     i 


416 


THIRTY  YKAIW*  VIKW 


rt'ver  to  he  ri'ail  npain,  and  rcforrcd  to  a  com- 
iiiitteo,  iK'ViT  niiiro  to  Ihj  Kcvn  by  it ;  and  bound  ( 
lip  in  VdliiMKS  to  ciicninlH.T  tiic  Khclvcs  of  the' 
imbiic  (Idniini'iilH.  Kvery  inorniiip,  for  tlireo  i 
months,  ♦he  iHTscntation  of  tlicse  memorials, 
with  Hjieec  lies  to  enforce  them,  was  the  occupa- 
tion of  each  House;  all  the  memorials  Ixaring 
the  impres-i  of  tlie  same  mint,  and  the  onitions 
Rencrally  cast  u.  the  same  pattern.  These 
Itarangues  peneni.  avc,  in  the  first  place,  some 
topographical  or  i  vor'.cal  notice  of  the  county 
or  town  from  wliich  it  came — sometimes  with  a 
hint  of  its  revolutionary  services — then  a  de- 
scription of  the  felicity  which  it  enjoyed  while 
the  bank  had  tlie  deposits  ;  then  the  ruin  which 
came  upon  it,  at  their  loss;  winding  up  usually 
with  a  greiit  quantity  of  indignation  against  the 
man  whose  illegal  and  cruel  conduct  had  occa- 
sioned such  destruction  upon  their  business. 
The  meetings  were  sr-ictimes  held  by  young 
men ;  sometimei  by  olu  men ;  sometimes  by  the 
laboring,  sometimes  by  the  mercantile  class; 
sometimes  miscellaneous,  and  irrespective  of 
party ;  and  usually  sprinkled  over  with  a  smart 
number  of  former  Jackson-men,  who  had  ab- 
jured him  on  account  of  this  conduct  to  the 
bank.  Some  passages  will  be  given  from  a  few 
of  these  speeches,  as  specimens  of  the  w  hole ;  the 
quantity  of  which  contributed  to  swell  the  pub- 
lication of  the  debates  of  that  Congress  to  four 
large  volimies  of  more  than  one  thousand  pages 
each.  Thus,  Mr.  Tyler  of  Virginia,  in  present- 
ing a  memorial  from  Culpeper  county,  and  hint- 
ing at  the  military  character  of  the  county, 
Baid: 

"  The  county  of  Culpeper,  as  he  had  before  ob- 
served, had  been  distinguished  for  itsvliiggism 
from  the  commencement  of  the  Revolution ;  and, 
if  it  had  not  been  the  first  to  hoist  the  revolu- 
tionary banner,  at  the  tap  of  the  drum,  they 
were  second  to  but  one  county,  and  that  was  the 
good  county  of  H.-iiAJver,  which  had  expressed 
the  same  opinion  with  them  on  this  all-import- 
ant subject.  He  presented  the  memorial  of  these 
sons  of  the  whigs  of  the  Revolution,  and  asked 
that  it  might  be  read,  referred  to  the  appropri- 
ate committee,  and  printed." 

Mr.  Robbins  of  Rhode  Island,  in  presenting 
memorials  from  the  towns  of  Smithfield  and 
Cumberland  in  that  State : 

"A  small  river  runs  through  these  towns,  call- 
ed Blackstone  River;  a  narrow  stream,  of  no 
t-TVAt  volume  of  water,  but  perennial  and  un- 
failing, and  possessing  great  power  from  the  fre- 


quency and  grcatncFH  of  itt*  falls.     Prior  u 
1701,  this  power  had  always  nin  to  wa>.t<'.  n. 
Cfpt  here  and  there  a  onw  mill  or  a  grist  inill.tn 
supply  the  exigencies  of  a  sparfc  neiplilKirlio«i 
and  one  inconsiderable  forge.    Since  that  |rriiKi 
from  time  to  time,  and  fiom  place  to  pluw .  tin,- 
jiower.  instead  of  running  to  wa.ste,  Ims  Utr! 
p.pplied  to  the  use  of  propelling  machinery,  t'i 
the  valley  of  that  small  river  has  U-conie  tlir  I 
Manchester  of  America.    That  power  n  ko  ud. 
limited,  that  scarcely  any  hmilation  can  be  fi.\,,i 
to  its  capability  of  progressive  incrca-ue  in  \v. 
applicatio...    That  valley,  in  these  towns,  nlrcsdv  I 
has  in  it  over  thirty  ditlerent  cstablishmcnte ;  n 
has  in  it  two  millions  of  fixed  capital  in  tlio<.j 
establishments ;  it  has  expended  in  it  anniialK 
in  the  wages  of  manual  labor,  five  hundred  ih'v'.  I 
sand  dollars ;  it  has  in  it  one  hundred  thousaii'l 
spindles  in  operation.    1  should  say  it  liad— for 
one  half  of  these  spindles  are  already  su-siMimled. 
and  the  other  half  soon  must  be  susiieadd,  if 
the  present  state  of  things  continues.    On  t|y.. 
bank  of  that  river,  the  first  cotton  spindle  vu  \ 
established  in  America.    The  invention  of  Ark 
Wright,  in  1791,  escaped  from  the  jealous  proh. 
bitions  of  England,  and  planted  itself  there.  It  I 
was  brought  over  by  a  Mr.  Slater,  who  had  Iwn 
a  laboring  manufacturer  in  England,  but  who 
was  not  a  machinist.     He  brought  it  over,  n; 
in  models,  but  in  his  own  mind,  and  fortunatil? 
he  was  blessed  with  a  mind  capacious  of  such 
things,  and  which  by  its  fair  fruits,  has  made 
him  a  man  of  immense  fortune,  and  orie  of  th« 
greatest   ben>.iactors   to  his  adopted  eountty. 
There  he  made  the  first  essays  that  laid  \h 
foundation  of  that  system  which  has  spread  » I 
far  and  wide  in  this  country,  and  risen  to  sucb 
a  height  that  it  makes  a  demand  annually  for  I 
two  hundred  and  fifty  thousand  bales  of  cotton  | 
— about  one  fourth  of  all  the  cotton  crop  of  all 
our  cotton-growing   States;   makes  fur  those  I 
States,  for  their  staple,  the  best  market  in  ttit 
world,  except  that  of  England :  it  was  ropidlj  I 
becoming  to  them  the  best  market  in  the  world, 
not  excepting  that  of  England ;  still  better,  it 
was  rapidly  becoming  for  them  a  market  to 
weigh  down  and  preponderate  in  the  scale  against  I 
all  the  other  markets  of  the  world  taken  to- 1 
gether.    Now,  all  those  prospects  are  blastedb?  I 
one  breath  of  the  Executive  administration  u'  I 
this  country.    Now  every  thing  in  that  vallej,  I 
every  thing  in  possession,  every  thing  in  pros- 1 
pect,  is  tottering  to  its  fall.     One  half  of  those  I 
one  hundred  thousand  spindles  are,  as  I  before  i 
stated,  already  stopped ;  the  other  half  ?re  still  | 
continued,  but  at  a  loss  to  the  owners,  and  p:' 
ly  from  charity  to  the  laborers ;  but  this  cliarilj  I 
has  its  limit;  and  regard  to  their  own  safdtj 
will  soon  constrain  them  to  stop  the  other  hill 
Five  months  ago,  had  one  travelled  through  tbii  I 
valley  and  witnessed  the  scenes  then  diLpiaye<  I 
there — their  numerous  and  dense  population,«ll 
industrious,  and  thriving,  and  contented— hil  I 
heard  the  busy  hum  of  industry  in  their  houiil 
of  labor — the  notes  of  joy  in  their  hours  of  n  | 


ANNO  18;',».     ANlJREW  JACKSoN.  riU>II»KNT. 


4r 


•lutii'n — had  fern  the  iilcnty  «{  thfir  tahU^, 
yx  o>w("VtA  of  tlifir  linsiihn — ha<l,  in  a  wnnl. 
H-n  ill  I'ery  r<)iint-;iiunco  the  CDiiffiit  of  tvery 
iicart;  mill  if  that  sjiinc  ptTsoii  nhoiiM  truvil 
i:;ruu^'l»  the  same  valley  hereafter,  nml  shoiiM 
t;ii(l  it  then  fU'serted,  and  desohite,  and  sileiit  as 
tho  valliy  "f  dt-ath.  and  covered  over  with  tlio 
H.'.itarv  aii<l  mouldering  ruins  of  those  numer- 
„«•  t'>tablishments,  he  would  say, '.Surely  the 
laiidiif  the  ruthless  destroyer  has  Jwen  here!' 
Viff,  if  the  pri'sent  Ftate  of  thinps  is  to  hecon- 
IMiuid,  .v  sunly  as  blood  follows  the  knife  that 
la-  Utii  plun;:ed  to  the  heart,  and  death  ensues. 
.0  sualy  that  chanpe  there  is  to  take  pjace ;  and 
ln' who  ou^'ht  to  have  hoen  their  guardian  ang<d, 
ffill  liavu  been  that  ruthlcs.?  destroyer." 

AiK  thus  Mr.  Webster,  in  presenting  a  ine- 
ni  trial  from  Franklin  county,  in  tho  State  of 
Pcnnnylvania : 

'  The  county  of  Franklin  was  one  of  the  most 
I  portable  and  wealthy  in  the  great  State  of 
I'tiin-sylvania.    It  was  situated  in  a  rich  linie- 
ttone  valley,  and,  in  its  main  character,  was 
agricultural.    lie  had  the  pleasure,  last  year,  to 
1  [Mis  throu?:h  it,  and  see  it  for  the  first  time, 
I  whin  its  rich  fields  of  wheat  and  rye  were  ri- 
I  lulling,  and,  certainly,  he  little  thouglU  then, 
ttat  he  should,  at  this  time  have  to  present  to 
the  Senate  such  undeniable  proofs  of  their  actual, 
gtvere  and  pressing  distress.    As  he  had  said, 
the  inhabitants  of  Franklin  county  were  princi- 
pally agriculturists,  and,  of  these,  the  majority 
were  the  tillers  of  their  own  land.    They  were  in- 
I  tercsted,  also,  in  manufactures  to  a  great  extent ; 
I  they  had  ten  or  twelve  forges,  and  upward.^  of 
I  four  thousand  persons  engaged  in  the  manufac- 
Itureof  iron,  dependent  for  their  daily  bread  on 
Ithe  product  of  their  own  labor.    The  hands 
Ifmploycd  in  this  business  were  a  peculiar  race 
j— minors,  colliers,  &c. — and,  if  other  employment 
Inas  to  be  afforded  them,  they  would  tind  them- 
Ifelves  unsuited  for  it.    These  manufactories  had 
Iken  depressed,  from  causes  bo  well  explained, 
land  60  well  understood,  that  nobody  could  now 
Idoubt  them.    They  were  precisely  in  the  situa- 
Ition  of  the  cotton  factories  he  had  adverted  to 
pome  days  ago.     There  was  no  demand  for  their 
products.    The  consignee  did  not  receive  them 
-lie  did  not  hope  to  dispose  of  them,  and  would 
bot  give  his  paper  for  them.    It  was  '.veil  known 
khat,  when  a  manufactured  article  ..as  sent  to 
Ibe  cities,  the  manufacturer  expected  to  obtain 
p  advance  on  them,  which  he  got  cashed.    Tnis 
^lioic  operation  having  stopped,  in  consequence 
bf  the  derangement  of  the  currency,  the  source 
If  business  was  dried  up.     There  were  other 
nanufuctories  in  that  county  that  also  felt  the 
Iressure — paper  factories  and  manufactories  of 
|tra\v  paper,  which  increased  the  gains  of  agri- 
ulturc.    These,  too,  have  been  under  the  neces- 
Ity  of  dismissing  many  of  those  employed  by 
jiem,  which  necessity  brought  this  matter  of 
fxecutive  interference  homo  to  every   man's 

Vol.  I.— 27 


labor  nnd  property.  Ifo  had  a.«<*ertnin«'d  tho 
prices  of  pn)ducc  ;is  now,  atid  in  N'ovendxTlast, 
in  the  .*^tute  of  Pinny^yUaiiiii,  and  froin  tlii-M-,  it 
would  l>e  feen  that,  in  the  interior  region,  on  the 
thri'shing  floors,  tliry  hail  not  escaped  the  evils 
whieh  ha<l  nll'eeted  llie  prices  of  eoni  and  rye  at 
(.'handiersbiirg.  They  were  hardly  to  be  got 
rid  of  at  any  price.  The  loss  on  wh(4it,  tho 
great  ])roduet  of  the  county,  was  thirty  cents. 
Clover  seed,  another  great  prinluct,  had  fallen 
fi-om  fix  dollars  per  bushel  to  four  dollars. 
I'liis  downfall  of  agrictdturnl  prtMiucc  descrilied 
the  cU'eet  of  the  measure  of  the  Executive  lietter 
than  all  the  evidences  that  iiad  been  hitherto 
oll'ered.  These  memorialists,  for  thenisi-lves, 
were  sick,  sick  enough  of  the  Executive  cxj^ri- 
mcnt." 

And  thus  Mr.  Southard  in  presenting  the 
memorial  of  four  thousand  '•  young  men  "  of  the 
city  of  Philadelphia : 

"  With  but  very  few  of  them  am  I  per.-"  nally 
acquainted — and  must  rely,  in  what  I  e.iy  of 
them,  upon  what  I  know  of  those  few,  and  upon 
the  information  received  from  others,  which  I 
regard  as  sure  and  safe.  And  on  these,  I  ven- 
ture to  assure  the  Senate,  that  no  meeting  of 
young  men  can  be  collected,  in  any  portion  of 
our  '■ '  Ic  country,  on  any  occasion,  containing 
mi-  .atelligence — more  virtuous  purpose — 
more  manly  and  honorable  feeling — more  de- 
cided and  energetic  character  What  they  say, 
they  think.  What  they  rc8^.1vc  they  will  ac- 
complish. Their  proceedings  were  ardent  and 
animated — their  resolutions  are  dr  n  with 
spirit ;  but  are  such  as,  I  think,  n;  ^e  pro- 
perly received  and  respected  by  tii  Senate. 
They  relate  to  the  conduct  of  the  Executive — 
to  the  present  condition  of  the  country — to  the 
councils  which  now  direct  its  destinies.  They 
admit  that  older  and  more  mature  judgments 
may  better  understand  the  science  of  govern- 
ment and  its  practical  operatioTis,  but  they  act 
upon  a  fueling  just  in  itself,  and  valuable  in  its 
effects,  that  they  are  fit  to  form  and  express 
opinions  on  publio  measures  and  public  princi- 
ples, which  shall  be  their  own  guide  in  their 
present  and  future  conduct ;  and  they  express  a 
confident  reliance  on  the  moral  and  physical 
vigor  and  untamable  love  of  freedom  of  the  young 
men  of  the  United  States  to  save  us  from  des- 
potism, open  and  avowed,  or  silent,  insidious, 
and  deceitful.  They  were  attracted,  or  rather 
urged,  sir,  to  this  meeting,  and  to  the  expres- 
sion of  their  feelings  and  opinions^  by  what  they 
saw  around,  and  knew  of  the  action  of  the  Ex- 
ecutive upon  the  currency  and  prosperity  of  the 
country.  They  have  just  entered,  or  are  about 
entering,  on  the  busy  occupations  of  manhood, 
and  are  suddenly  surprised  by  a  state  of  things 
aroimd  them,  new  to  their  observation  and  ex- 
perience. Calamity  had  been  a  stranger  in  their 
pathway.  They  have  grown  up  through  their 
boyhood  in  the  enjoyments  of  present  comfort^ 


|i>: 


i  M 

CI 


m' 


jii: 


418 


THIRTY  YKAHS'  VIKW 


fin'l  the  nnticipntionKof  future  prosperity— their 
miiioKi  actively  nml  wuoeKHfully  eiijtaged  in  the 
variou'*  iM-eiipJitiiins  of  Ow  conimuiiity,  atid  the 
whnjc  ciiilc  of  ciiipliiynieiitf*  ojion  iK'fore  tlieir 
own  iniiu>lry  ami  lioja's — the  itiHtitutions  »{ 
tli(  ir  rouiitry  iMlDved,  anil  their  protecting  in- | 
iiiieiiro  <  ovt  rin^t  the  exertionn  of  all  for  their  | 
Iwnetit  and  happiness.  In  this  otatc  they  saw 
tho  public  proM|K'rity,  with  wliich  alone  they 
were  familiar,  Masted,  and  f)V  tho  time  destroyed. 
'J  he  whole  Kceno,  their  whole  country,  wa.s 
clianfjed  ;  they  witneBsed  fortunes  fallinfr,  home- 
HteadH  ruined,  merchants  failing,  artisans  broken, 
mechanics  impoverished,  all  the  employments 
on  which  they  were  about  to  enter,  paralyzed ; 
labor  denied  to  the  needy,  and  reward  to  the 
industrious;  losses  of  millions  of  property  and 
ploom  settling  where  joy  and  happiness  before 
existed.  They  felt  tho  sirocco  yiasa  by,  and 
desolate  tho  plains  where  ijcacc,  and  animation, 
and  happiness  exulted." 

And  thus  Mr.  Clay  in  presenting  a  memoriul 
from  Lexington,  Kentucky : 

"  If  there  was  any  spot  in  tho  Union,  likely 
to  bo  exempt  from  the  calamities  that  had  af- 
liicted  the  others,  it  would  be  the  region  about 
Lexington  and  its  immediate  neighborhood.  No- 
where, to  no  other  country,  has  Providence 
been  more  bountiful  in  its  gifts.  A  country  bo 
rich  and  fertile  that  it  yielded  in  fair  and  good 
seasons  from  sixty  to  seventy  bushels  of  com 
to  tho  acre.  It  was  a  most  beautiful  country — 
all  the  land  in  it,  not  in  a  state  of  cultivation, 
was  in  parks  (natural  meadows),  filled  with 
flocks  and  herds,  fattening  on  its  luxuriant 
grass.  But  in  what  country,  in  what  climate, 
the  most  favored  by  Heaven,  can  happiness  ana 
prosperity  exist  against  bad  government,  against 
misrule,  and  against  rash  and  ill-advised  experi- 
ments ?  On  the  mountain's  top,  in  the  moun- 
tain's cavern,  in  the  remotest  borders  of  the 
country,  every  where,  every  mterest  has  been 
aftected  by  the  mistaken  policy  of  the  Executive. 
While  he  admitted  thac  the  solicitude  of  his 
neighbors  and  friends  was  excited  in  some  de- 
gree by  the  embarrassments  of  the  country,  yet 
they  felt  a  deeper  solicitude  for  the  restoration 
of  tho  rightful  authority  of  the  constitution  and 
the  laws.  It  is  this  which  excites  their  appre- 
hensions, and  creates  all  their  alarm.  He  would 
not,  at  this  time,  enlarge  further  on  the  subject 
of  this  memorial.  He  would  only  remark,  that 
hemp,  the  great  staple  of  the  part  of  the  country 
from  whence  the  memorial  came,  had  fallen 
twenty  per  cent,  since  he  left  home,  and  that 
Indian  com,  another  of  its  greatest  staples,  the 
most  valuable  of  the  fraits  of  the  earth  for  the 
use  of  man,  which  the  farmer  converted  into 
most  of  tho  articles  of  his  consumption,  fur- 
nishing him  with  food  and  raiment,  had  fallen  to 
an  equal  extent.  There  were  in  that  county 
six  thousand  fat  bullocks  now  remaining  unsold, 
when,  long  before  this  time  last  year,  there  was 


scarcely  one  to  I)C  purchnsctl.  They  wero  noi 
Rold,  fx-cauHc  the  butclu-rs  could  not  obtmn 
from  the  banks  the  \\f\ia\  farilitiiH  ui  the  m;. 
of  diHcounts;  they  couhl  nut  obtain  funds  .„ 
anticipation  of  tli|'ir  sales  wherewitli  to  imr- 
chase  J  and  now  jJIOO,(»ii()  worth  of  tiiis  .xpccii, 
of  promrty  remaini^  on  hand,  whicli,  if  ^«■|(1,  woii.'i 
have  been  scattered  thioujiii  the  coiiiitiy  (jy  tij 
graziers,  producing  all  the  a<lvuntii;:i>i  to  I,. 
derived  from  so  hirpe  a  circulation,  Kvirv 
fanner  was  too  well  aware  of  tla^e  fact.s  one 
moment  to  doubt  tlicm.  We  are,  s-aid  Mr,  (.', 
not  a  complaining  people.  Wo  think  nut  n, 
much  of  distress.  (Jive  us  our  lawp — jruar-intw 
to  us  our  constitution — and  we  will  Im  contint 
with  almost  any  form  of  government." 

And  !^rr.  Webster  thus,  in  presenting  a  m- 
morial  from  Lynn,  Massachusetts : 

"  Those  members  of  the  Senate,  said  Mr.  M',. 
who  have  travelled  from  Boston  to  Salem, or ti 
Nahant,  will  remember  the  town  of  Lynn.   It 
ia  a  beautiful  town,  situated  upon  the  sea.  i< 
highly  industrious,  and  has  been  hitherto  pniv 
porous  and  flourishing.    With  a  population  ff 
eight  thousand  souls,  its  great  bu8ines,s  is  ttit  | 
manufacture  of  shoes.    Three  thousand  per,sonj, 
men,  women,  and  children,  are  engaged  in  t!ii< 
manufacture.    They  make  and  sell,  ordinarily, 
two  millions  of  pairs  of  shoes  a  year,  for  wiiirh.  | 
at  75  cents  a  pair,  they  receive  one  million  tivi 
hundred  thousand  dollars.    They  consume  hcilf 
a  million  of  dollars  worth  of  leather,  of  wimli 
they  buy  a  large  portion  in  Philadelphia  and  | 
Baltimore,  and  the  rest  in  their  own  ncighUir- 
hood.    The  articles  manufactured  by  them  m  I 
sent  to  all  parts  of  the  country,  finding  their 
way  into  every  principal  port,  front  Eastport 
round  to  St.  Louis.    Now,  sir,  when  I  was  last  | 
among  the  people  of  this  handsome  town. 
was  prosperity  and  happiness.    Their  busincsj  I 
was   not  extravagantly  profitable ;  tlicy  were  I 
not  growing  rich  over  fast,  but  they  were  cw,.  | 
fortable,  all  employed,  and  all  satisfied  and  con- 1 
tented.     But,  sir,  with  them,  as  with  other*,  j  I 
most  serious  change  has  taken  place.    They  M I 
their  ususi  employments  suddenly  arrested,  fWni  I 
the  same  cause  which  has  smitten  other  pans  I 
of  the    country  with  like  eflects;   and  thejl 
have  sent  forward  a  memorial,  whicli  I  h,u() 
now  the   honor  of  laying  before  the  Senate,! 
This  memoral,sir,  is  signed  by  nine  hundred  cfj 
the  legal  voters  of  the  town ;  and  I  understiuiiil 
the  largest  number  of  votes  known  to  have  bowl 
given  is  one  thousand.    Their  memorial  is  short;  [ 
it  complains  of  the  illegal  removal  of  tiiedeiw-j 
its,  of  the  attack  on  the  bank,  and  of  thcettecti 
of  these  measures  on  their  business." 

And  thus  Mr.  Kent,  of  Maryland,  in  prestnt-l 
ing  petitions  from  Washington  county  in  tkj 
State; 

"They  depict  in  strong  colors  the  daily i>| 
creasing  distress  with  which  they  are  surrouiiii| 


AXNO  IS34.     AN'I>RKW  .lAt'KSON,  I'UP><II»I:NT. 


419 


rong  colors  the  daily  i>| 
vhich  they  are  surround 


mI  Thpy  ilocply  doplow  it.  withoiif  fho  nMlity  ' 
•  irfliivp  it.  nn<l  tli'-y  n«rril.«*  tluir  rrniiliti'm  to 
•  0  (li'ninL'«'tni'nt  "f  tin-  riirrt-nry.  ntnl  a  totnl  | 
trjnt  of  ronliili'iK'o.  ii'it  only  Im-Iwim-ii  iimi>  nml 
,,„„  l.iit  Ix'twrcn  lianks  i<itimti><l  «vin  in  the 
..invo  noiirhlxirhood  —  all  j  proceed  in;.',  a«  they 
Vlii'vc.  from  the  removal  of  the  puhiic  ilcjio^itu 
iVm  the  Bank  of  the  United  States.  Four 
mnnth.H  since,  an<l  the  roimties  from  whenrc 
ihce  mcmorialu  proceed,  presented  a  jHipnla- 
tiiin  as  contended  and  prospcronn  a**  could  |>c 
fiiinil  in  any  nection  of  the  c<Mintry.  Hut,  sir, 
:n  that  Fhort  period,  the  picture  is  reverge«l. 
IVirrich  and  productive  himLs,  which  la«t  fall 
wire  Boupht  after  with  avidity  at  high  prices, 
thi'V  inform  us,  have  fallen  2;>  per  cent.,  and  no 
jiurchasers  are  to  be  found  even  at  that  reduced 
|,rice.  Wheat,  the  staple  of  that  n  '  n  of  the 
c  iiintry,  was  never  much  lower,  if  as  lo»v.  Flour 
IS  quoted  iu  Alexandria  at  $'i  75,  where  a  larpe 
inirtion  of  their  crops  seek  a  market.  These 
Imiicst,  industrious  i)eoplo  cannot  withstand 
the  cruel  and  ruinous  couHequcnces  of  thi.'?  des- 
urate  and  unnecessary  experiment.  Tlie  coun- 
try cannot  bear  it,  and  unless  sj.eedy  relief  is 
sliorded,  the  result  of  it  will  Ihj  as  «H.sastrous  to 
tlmse  who  projected  it,  as  to  the  country  at 
hrw,  who  are  afflicted  with  it." 

And  thus  Mr.  Webster,  presenting  a  petition 
I  frum  the  master  builders  of  Philadelphia,  sent 
nn  by  a  largo  deputation : 

"I  rise,  sir,  to  perform  a  pleasing  dutj\    It  is 

I  to  iiiy  before  the  Senate  the  proceedinfrs  of  a 

meeting  of  the  building  mechanics  of  the  city 

I  and  ciiunty  of  Philadelphia,  convened  for  the 

|iUiTi03e  of  expressing  their  opinions  on  the  prc- 

ILnt  state  of  the  country,  on  the  24th  of  Fcbru- 

lary.    This  meeting  consisted  of  three  thousand 

Ipn-oin  and  was  composed  of  carpenters,  masons, 

jlirickniakers,  bricklayers,  painters  and  glaziers, 

llime  burners,  plasterers,  lumber  merchants  and 

|iiiher3,  whc  ,e  occupations  are  connected  with 

Ithe  building  of  houses.     I  am  proud,  sir,  that  so 

Vspectable,  so  important,  and  so  substantial  a 

fchiss  of  mechanics,  have  intrusted  mo  with  the 

presentment  of  their  opinions  and  feelings  re- 

Ip.cting  the  present  distress  of  the  countr}*,  to 

Uie  Senate.    I  am  happy  if  they  have  seen,  in 

Ihe  course  pursued  by  me  hero^  a  policy  favor- 

kblc  to  the  protection  of  their  interest,  and  the 

properity  of  their  families'.    These  intelligeut 

pi  sensible  men,  these  highly  useful  citizens, 

kave  witnessed  the  efl'ect  of  the  late  measures 

fcf  government  upon  the  r  own  concerns ;  and 

p  resolutions  which  I  have  now  to  present, 

ully  express  their  convi  ;tions  on  the  subject. 

liuy  propose  not  to  reaso  i,  but  to  testify ;  they 

peak  what  they  do  know. 

[  ••  Sir,  li.^ten  to  the  statcn\ent ;  hear  tho  facts. 

the  coromittee  state,  sir,  tnat  eight  thousand 

frsons  are  ordinarily   employed  in  building 

louses,  in  the  city  and  county  of  Philadelphia ; 

|numbcr  which,  with  their  families,  would  make 


quite  a  considerable  town.  Thev  turtbnr  state. 
that  the  average  nuinIxT  "f  lioii»«-i,  which  tlii-t 
lH)dy  of  ni'-chanics  hat  Imilt,  I'-ir  the  la»t  tivi* 
years,  i.s  twelve  hundre'l  iioii-n'.-t  a  year.  Tlic 
average  eo^t  of  the>e  hiiuscs  W  computed  at  tuo 
thousand  ill illartearb.  Merc  i-  :i  liii.«iine>«,  tlun. 
sir,  of  two  tnilliiiiH  tmr  hini'ln'd  tli'iusanil  dol- 
lars a  year.  Such  has  been  the  avcrn^'e  of  the 
last  Jive  years.  And  what  is  it  now  /  Sir,  tlie 
committee  state  that  tlie  bn>ine>s  ha.s  fallen  o!!' 
seventy-five  per  cent,  at  Ua>t  ;  that  is  to  say, 
that,  at  most,  only  one-qnarter  jiart  of  tin  ir 
usual  omiiloyment  now  remains.  '\'h\n  is  the 
sea.son  of  the  year  in  which  building  cimtraets 
are  made.  It  is  now  known  what  is  to  be  the 
business  of  the  year.  Many  of  these  pt'i'sons. 
who  have  heretofore  hail,  every  year,  contract-; 
for  several  houses  on  hand,  have  tbi.s  yiiir  no 
contract  at  all.  They  have  been  obliged  to  dis- 
miss their  hands,  to  turn  them  over  to  any 
scraps  of  employment  they  could  find,  or  to 
leave  them  in  idlenes.s,  for  want  of  any  cniploj- 
ment. 

"Sir.  the  agitations  of  the  coimtry  arc  not  to 
bo  husned  by  authority.  Opinion.s,  from  how- 
ever high  quarter.^,  wnll  not  quiet  them.  Tho 
condition  of  the  nation  calls  for  action,  for  mea- 
sures, for  the  prompt  interfiosition  of  Congress; 
and  until  Congress  shall  m-t,  be  it  sooner  or  bo 
it  later,  there  will  be  no  content,  no  rejjo.se.  no 
restoration  of  former  prosperity.  Whoever  suji- 
poses,  sir,  that  he,  or  that  any  man,  can  quiet  tho 
discontents,  or  hush  the  complaints  of  the  people 
by  m-jrely  saying,  "peace,  be  still!"  mistakes, 
shockingly  mistakes,  the  real  condition  of  thing.s 
It  18  an  agitation  of  interests,  not  of  opinions  ;  a 
severe  pressure  on  men's  property  and  their  means 
of  living,  not  a  barren  contest  about  abstract 
sentiments.  Even,  sir,  the  voice  of  part j ,  often  so 
sovereign,  is  not  of  power  to  .subdue  disco  'tents 
and  stiilo  complaints.  The  people,  sir,  feel  great 
interests  to  be  at  stake,  iiiul  they  are  rousing 
themselves  to  protect  tbo.se  interests.  They 
consider  the  question  to  be,  whether  the  govern- 
ment is  made  lor  the  people,  or  the  people  for 
the  govcnimcnt.  They  hold  the  former  of  these 
two  propositions,  and  they  mean  to  prove  it. 

"  Mr.  President,  this  measure  of  the  Secretar}- 
has  produced  a  degree  of  evil  that  cannot  be 
borne.  Talk  about  it  as  we  will,  it  cannot  be 
borne.  A  tottering  state  of  credit,  craini)ed 
means,  loss  of  property  and  loss  of  employment, 
doubts  of  the  condition  of  others,  doubts  of  their 
own  condition,  constant  fear  of  failures  and  new 
explosions,  an  awful  dread  of  the  future — sir 
when  a  consciousness  of  all  these  things  accom- 
panies ft  man,  at  his  b.  kfast,  his  dinner  and 
his  supper:  when  it  attends  him  through  his 
hours,  both  of  labor  and  rest  j  when  it  even  dis- 
turbs and  haunts  his  dreams,  and  when  he  feels, 
too,  that  that  which  is  thus  gnawing  upon  him 
is  the  pure  result  of  foolish  and  rash  meas- 
ures of  government,  depend  upon  it  he  will  not 
I  bear  it.  A  deranged  and  disordered  currency 
the  ruin  of  occupation,  distress  for  present  means 


F4.5' 


in 


-[5 


4'20 


TIIIUTY  YKAIW  VIKW. 


tlic  jiroMtrntion  of  rn-'lit  nn<l  coiifi'li-nro,  atxl  nil 
ihi-i  without  hii|M'  of  iiii))riivi'tiii'iit  or  rliiiin;*',  w 
1  st.-kti'  of  thiri|;!<  which  no  iiitelli|;«.'iit  |)C'0|)lucaii 
I'.Ii^i;  «liiliirc." 

Mr.  Cliiy  rose  Jo  cirond  the  motion  of  Mr 
W'lhHfcr  to  ri'fiT  anil  print  tliis  nicmoriiil ;  and, 
uit  r  jrivin;^  it  ax  his  opinion  that  the  |'  |K'rty 
of  the  country  had  liecn  reihiced  four  hundn-*! 
millions  of  doiliirH  in  vahic,  \>y  the  measuren  of 
tlie  (rovirnment,  thn."*  apostropliized  the  \'ice- 
I'ri'sident  (Mr.  Van  IJiiren),  rliarpHK  him  with 
ii  ineHsajfc  of  prayer  and  sui)i)li(ation  to  Presi- 
dent Jackson: 

"  lint  there  is  another  (inartor  which  po»Hes.sos 
••ufllcient  j)owerand  influence  to  relievo  the  pnh- 
lii-  diHfnsses.     In  twenty-four  hours,  theexeeu- 
tive  III- Mich  could  adojit  a  measure  which  would 
attonv  Jill  etliciicions  and  Buhstantial  remedy,  and 
reHsfiililish  confidence.     And  those  who,  in  this 
chiitiituT,  support  the  adiuinistratiim,  could  not 
riinkr  a  lietter  ner\'ico  than  to  repair  to  the  e.xe 
c'ltive   mansion,  and,  placing  before  the  (Hiief 
Mui^istrate  tlie  naked  and   undis|Tui8C<l  truth, 
jirevail  upon  him  to  retrace  his  steps  and  aban- 
don his  fatal  experiment.    No  one,  sir,  can  per- 
form tiiat  duty  with  more  propriety  than  yoiir- 
hrW.     [The  VicL'-l'rosident.]    Yoi:  can,  if  you 
will,  induce  him  to  change  his  course.     To  you, 
then,  sir.  in  no  unfriendly  spirit,  but  with  feel- 
iii;:s  softened  and  subdued  by  the  deep  distress 
which  pervades  every  class  of  our  countrymen, 
I  make  the  appeal.     By  your  official  and  per- 
Fonal  relations  with  the  President,  you  maintain 
with  him  un  intercourse  which  I  neither  enjoy 
nor  covet.     Go  to  him  and  tell  him,  without 
exaggeration,  but  in  the  language  of  truth  and 
sincerity,  the  actual  condition  of  his  bleeding 
country.     Tell  him  it  is  nearly  ruined  and  un- 
done by  the  measures  which  he  has  been  in- 
duced io  put  in  operation.    Tell  him  that  his 
e.\periment  is  operating  on  the  nation  like  the 
philosopher's  experiment  upon  a  convulsed  ani- 
mal, in  an  exhausted  receiver,  and  that  it  must 
expire,  in  agony,  if  he  docs  not  pause,  give  it  free 
and  sound  circulation,  and  suffer  the  energies  of 
the  people  to  be  revived  and  restored.    Tell  him 
that,  in  a  single  city,  more  than  sixty  bankrupt- 
cies, involving  a  loss  of  upwards  of  fifteen  mil- 
lions of  dollars,  have  occurred.     Tell  him  of  the 
alarming  decline  in  the  value  of  all  property,  of 
the  depreciation  of  all  the  products  of  industry, 
of  the  stagnation  in  every  branch  of  business, 
and  of  the  close  of  numerous  manufacturing  es- 
tablishments, which,  a  few  short  months  ago, 
were  in  active  and  flourishing  operation.     De- 
pict to  him,  if  you  can  find  language  to  portray, 
the  heart- rending  wretchedness  of  thousands  of 
the  working  classes  cast  out  of  employment. 
Tell  him  of  the  tears  of  helpless  widows,  no 
.onger  able  to  earn  their  bread,  and  of  unclad 
and  unfed  orphans  who  have  been  driven,  by  his 
oolicy,  out  of  the  busy  pursuits  in  which  but 


VMti-rday  tlu-y  were  gainintf  an  honest  lin-li. 
IhmhI.     Say  to  him  that  if  tirmnci'H  l>i>  honor- 
able,  when  guiili-d  by  tiuth  and  ju>tit-r,  it  is  m. 
timnt>  ly  ulli<'«l  to  another  fiuulity.  of  the  niwt 
pi-rnicioUH   tendency,  in   the   pnmtTiitiun  of  ,i: 
erroneous  HyHteni.     Tell   him   how  much  mur.. 
true  glorv  in  to  U'  w<iii  by  ntrncintr  falw  bU^y 
than  by  blindly  rushing  on  until  his  countrv  ■ 
overwlielmed  in  hank ru|itcy  and  ruin.    Tt  II  i, 
of  the  anient  attachment,  the  unlxiiindcd  iky,,. 
tion,  the  enthusia.'-t'i^  gratitude,  towards  him.  ^, 
often  Hignally  manif'ihttd  by  the  Aniiriian  |p»i- 
pie,  an<i  that  thev  (hserve,  at  his  handu,  Utiir 
treatment.     Tell  him  to  guard  himsell  a;;aiii-t 
the  |iossiliility  of  an  o<lioiis  comparison  wiiii 
that  worst  of  the  lloman  emp<'n>r8,  who,  ri. 
templating  with  indiflerence  the  eonfla^fntii' ^ 
of  the  mistress  of  the  world,  regaled  hiiiis;i 
during  the  terrific  scene  in   the  throng  (jf  I, , 
dancing  courtiers.     If  you  desire  to  secuni.- 
yourself  the  reputation  of  a  public  lK.'nefiict'  r 
describe  to  him  truly  the  universal  disire«.s  nl 
ready  produced,  and  the  certain  ruin  which  inu>i 
ensue  from  i>tT.sevei ance  in  his  measures.    Til, 
him  that  ho  has  been  abused,  deceived,  Itetrav- 
ed,  by  the  wicked  counsels  of  unprincipled  m.;, 
ai-ound  him.    Infonn  liim  that  all  efforts  in  tOi;. 
gress  to  alleviate  or  terminate  the  public  distn.-: 
are  paralyzed  and  likely  to  prove  totally  i.  ■ 
availing,  from  his  influence  upon  a  large  purii;; 
of  the  members,  who  are  unwilling  to  witlnlriiu 
their  support,  or  to  take  a  course  repugnant  ti 
his  wishes  and  feelings.     Tell  him  that,  in  iih  I 
bosom  alone,  under  actual  circumstances,  d'  i 
the  power  abide  to  relieve  the  country;  null 
that,  unless  ho  opens  it  to  conviction,  anil  cor- 
rects the  errors  of  his  administration,  no  liunian  { 
imagination  can  conceive,  and  no  human  toii^u 
can  express  the  awful  consequences  which  niav  U I 
low.    Entreat  him  to  pau.se,  and  to  refJect  lliai  I 
there  is  a  point  beyond  whicli  human  enduranrtl 
cannotgo ;  and  let  him  not  drive  this  brave,genfr- 1 
ous,and  jiatriotic  people  to  madness  and  despair ' 

During  the  delivery  of  this  apostrophe,  tlul 
Vice-President  maintained  the  utmost  decora  I 
of  countenance,  looking  respectfully,  and  cvm| 
innocently  at  the  speaker,  all  the  while,  as : 
treasuring  up  every  word  he  said  to  be  faithfuOjl 
repeated  to  the  President.  After  it  was  (mil 
and  the  Vice-President  had  called  some  si'iiatrl 
to  the  chair,  he  went  up  to  Mr.  Clay,  and  asli«!| 
'him  for  a  pinch  of  his  fine  rcaccoboy  snufT  (i.<l 
he  often  did) ;  and,  having  received  it,  walkicl 
away.  But  a  public  meeting  in  Philadeiplul 
took  the  performance  seriously  to  heart,  dl 
adopted  this  resolution,  which  the  indefatigtUl 
Ilezekiah  Niles  "registered"  for  the  infonnalitij 
of  posterity: 

"  Resolved,  That  Martin  Van  Burcn  dcsen 
and  will  receive  the  execrations  of  all  good  i 


ANNO  1HH».     AM'KFW  JAlKS<iN.  lUlMPKNT 


4.4 


of  this  npostvophe,  tbj 
incd  the  utmost  dccorml 
ig  respectfully,  and  cveal 
iker,  all  the  while,  as  1 1 
rdhesaidtobofaithfuUjI 
lent.    After  it  was  we:.! 
t  had  called  some  seiuHJ 
ip  to  Mr.  Clay,  and  a^Wl 
fine  maccoboy  snuff  (Jil 
aving  received  it,  walksl 
meeting  in  Philadelpkil 
seriously  to  htart,  »b1| 
m,  which  the  indefatig«Ui| 
itered"forthcinfonDatn| 


.|i.,uM  he  'brink  from  the  rr«p<)ni<ihility  of  cti- 
\.\inr  t"i  Amln-w  .liick-iKti  thi-  nicHHAfn'  «'iit 
l,v  111'- lionornhli'  llcniy  Clay,  whi-n  tlic  Iniild 
(P."  miiiiorifti  wa«  prcM-nlvd  to  iIh-  Stiiiito.  I 
clinruc  you.  Fuid  lie.  «i»  the  Presjileiit  ami  tell 
1,1111 -till  him  if  he  would  fuve  his  cdinitry — if 
tu' wiiiiM  fave  liimself — tell  him  to  ft<ip  f^li'irt. 
tii'l  [KmiiiT  well  his  couroe — tell  him  ti>  ntniri' 
hif<i<t('pi<.  In-fore  the  inJnnMt  and  iiixulted  (tt'ople, 
iiifiirintf<l  hy  Iuh  exin'rimeiit  upon  their  happi- 
m-'H.  risen  in  the  majesty  <>f  power,  and  hiirl-< 
(hi' utiiriKT  dr)wn  from  the  neat  heeceupier*,  like 
l.iiciliT,  never  to  rise  ajjain.' 

Mr.  Benton  replied  to  tluse  distress  petitions, 
and  distress  haran^nes,  \>y  showing;  tliat  they  I 
wore  notliin}!;  but  a  n-production,  with  a  clianpe 
(f  names  »nd  dates,  of  the  same  kind  of  Hpecrl.c-? 
and  petitions  whicli  were  heard  in  the  year  1811, 
when  the  charter  of  the  first  national  bank  was 
(xpirinp,  and  when  fJenerul  Jackson  was  not ' 
Pnsident — when  Mr.  Taney  was  not  Secretary 
of  tlio  Treasury — when  no  deposits  had  been 
removed,  and  when  there  was  no  quarrel  be- 
tween the  bank  and  the  povernment ;  and  he 
iv.id  copiously  from  the  Congress  debates  of  tliat 
(lay  to  justify  what  he  said ;  and  declared  the 
two  scenes,  so  far  as  the  distress  was  concerned, 
to  lie  identical.  After  reading  from  these  peti- 
tions and  speeches,  he  proceeded  to  say : 

'•  All  the  machinery  of  alarm  and  distress  was 
inns  full  activity  at  that  time  us  at  present,  and 
with  the  same  identical  effects.    Town  meetings 
—memorials — resolutions — deputations  to  t'on- 
presa— alarming  speeches   in  Congress.     The 
[irice  of  all  property  was  shown  to  be  depressed. 
Hemp  sunk  in  Philadelphia  from  $35U  to  $260 
per  ton ;  llour  sunk  from  $11  a  barrel  to  $7  75 ; 
all  real  estate  fell  thirty  percent. ;  five  hundred 
iiouses  were  suspended  iu  their  erection ;  the 
rent  of  money  rose  to  one  and  a  half  per  month 
on  the  best   pajjer.     Confidence  destroyed — 
manufactories  stopped — workmen  dismissed — 
and  the  ruin  of  tho  country  emfidently  pre- 
dicted.   This  was  the  scene  then  ;  and  for  what 
1  object  ?   Purely  and  simply  to  obtain  a  recharter 
;  of  the  bank — purely  and  simply  tn  force  a  re- 
i  charter  from  the  alarm  and  disiiess  of  the 
country ;  for  there  was  no  removal  of  de|)Osits 
then  to  bo  complained  of,  and  to  be  made  the 
scape-goat  of  a  studied  and  premeditated  attempt 
to  operate  upon  Congress  through  the  alarms 
[of  the  people  and  the  destruction  of  their  pro- 
Iperty.    There  was  not  even  a  curtailment  of 
I  discounts  then.  The  w^ole  scene  was  fictitious  ; 
■  but  it  was  a  case  in  which  fiction  does  the  mis- 
lehicf  of  truth.    A  false  alarm  in  the  money 
I  market  produces  all  the  efl'ects  of  real  danger; 
land  thus,  as  much  distress  was  proclaimed  in 
ICongrressin  1811 — as  much  distress  was  proved 
Itf  exist,  and  really  did  exist — then  as  now ; 


without  a  xinirU'  mn«e  t<>  lx>  nlhirrd  tl  fn.  wl  rh 
is  allfi.''d  niiw.  Hut  thr  [i<i« rnindiir^m/nti'in 
of  the  liiiiik  nindi-  the  itmriii  thon  ;  iIh  pKHi-r 
and  •'ipnni/atioii  nmki'  it  ii<<w;  nnd  tli'litiouixirt 
both  (H  t'Hsioiis  ;  ami  nii'ii  wrn-  niini'd  then,  an 
now.  by  till'  jiowiT  of  uii  iirnmry  dnn'.:>T,  winch 
in  the  moneyed  world,  has  nil  the  ruitloum-llt  cts 
of  real  danpr.  No  deposits  wen-  ri'inoved  llini. 
and  the  reason  was  as  as^i^rneil  liy  Mr.  <iallati!i 
to  (  oiiiiress,  that  the  ^overiiliietit  hud  liorrow.  •! 
more  timn  the  amount  <  f  the  di|iosiis  from  tli" 
bank  ;  and  this  loan  would  enable  her  to  ppi- 
teet  her  interest  in  every  continpeMcy.  'llu' 
ojH'n  object  of  the  hank  then  was  a  rei'harler. 
The  knights  entered  tie-  lists  with  tin  ir  visor-, 
off— ii'i  war  in  disguise  thin  fir  the  renewal 
of  a  (-barter  under  the  tillinu  and  jousting  '  f  a 
masipuTude  seullle  for  rieo\i-ry  of  de|K)sits.'' 

Tills  was  a  complete  reply,  to  which  no  om.- 
could  make  any  answer;  and  the  two  di-tt-esses 
all  |iii)ved  the  same  thing,  that  a  |M)werful  ii;i- 
tional  bank  could  make  distress  when  it  pleased  ; 
and  would  always  please  to  do  it  when  it  had  an 
object  to  gain  by  il — either  in  forcing  a  nchniter 
or  in  rcapiusc  a  harvest  of  profit  by  making  a 
contraction  of  debts  after  having  niaile  an  ex- 
pansion of  credits. 

It  will  bo  difficult  for  peojjle  in  after  times  to 
realize  the  degree  of  excitement,  of  agitation  and 
of  commotion  which  was  [ii-odnced  by  this  (jr- 
ganized  attempt  to  make  panic  and  distress. 
The  great  cities  esjiicially  were  the  scene  of 
commotions  but  little  short  of  frenzy — pid>lic 
meetings  of  tlH)usands,  the  most  inflammatory 
harangues,  cannon  firing,  great  feasts — and  the 
members  of  Congress  who  spoke  against  the 
President  received  when  they  travelled  witli 
public  honors,  like  conqtiering  generals  return- 
ing from  victorious  battle  fields — met  by  masses, 
saluted  with  accdamations,  escorted  by  proces.-?- 
ioiis,  and  their  lodgings  surrounded  by  thousand^ 
calling  for  a  view  of  their  jiorsons.  The  gainiiv^ 
of  a  municipal  election  in  the  city  of  New- York 
put  tho  climax  upon  this  enthusiasm ;  and  sonio 
instances  taken  from  the  every  day  occurrences 
of  the  time  may  give  some  faint  idea  of  this  ex- 
travagant exaltation.    Thus : 

"Mr.  Webster,  on  his  late  journey  to  Boston. 
was  received  and  parteil  with  at  Philadelphia, 
New-York,  Providence,  &c.,  by  thousands  of  tho 
people." 

"Messrs.  Poindexter,  Preston  and  McDuffij 
visited  Philadelphia  the  beginning  of  this  week, 
and  received  the  most  flattevuig  attention  of  the 
citizens — thousands  having  waited  tipon  to 
honor  them ;  and  they  were  dined,  &c.,  with 
great  enthusiasm." 


M 


4'2'2 


TUlR-n'  VKAIW'  VIKW. 


i 


i^ii 


'•A  viry  Inrv'p  piililir  iiK'oiiii'.'  wii"  In  1<I  at  the 
MiiMinil  Kiiml  lliill,  l'liila<l<'l|iliia,  <>ii  .Muiifiiiy 
iirtiTiHMiii  laHt,  to  rrini|)lini«'iit  the  'wlii)rM'  of 
Nfw-\()rl<  on  till'  liitc  victor}'  piiiu'<l  l»y  tlx-in. 
'Ihoii^'li  rlioiiHnii'l.'i  Were  in  t)ic  liu(rr  room, other 
tlioiiH.iiiiN  coiilil  not  ^-t  in  !  It  w:im  n  poini)lftv 
'jam.'  John  StM'ircnnt  wan  calhMl  to  the  rhnir, 
iiml  lU'livrri'il  an  luldrcHs  ol°'):n'nt  iHtwcr  and 
iiliility' — '  one  of  tlui  hnpiiicHt  iH'ortH  '  of  that 
clistinjruislu'd  man.  Mr.  I'nHton  of  tlu?  Si'iiati?, 
and  iMt  McUnllir  of  th<^  lioncc  of  Ki-pn-miita- 
iivi'M,  wore  |iri'.scnt.  Thi'  lirHt  wuh loudly <'allcd 
lor.  whtn  .Mr.  Ncrp'ant  had  coiKiliidfd,  and  he 
addn'MKt'd  tin-  incttin^  nt  conHiiliTuhlc  li'nptli. 
.Mr.  Mi-Dullio  wiiH  tliiu  as  loudly  named,  and  lit- 
iil.-to  spoki)  with  liif(  uHual  ardfucy  and  powiT, 
in  which  he  paid  ii  lmnd.somc>coin)ilim<'nt  to  Mr. 
.■"'I'ljfoant,  who,  |||f)uj;h  h'.!  haddilliTi-il  in  opinion 
with  him,  \w  ii^rardcd  asa  •htiTlinir  jpatriot,' Ac. 
Kach  of  tlu'si'  spci'i'lit's  were  ri'coivi'd  with  hearty 
and  eontinnt'd  murlvH  of  approhation,  and  often 
iut('rru|iti'd  with  Hhouts  of  up))huim>.  'J'ho  like, 
it  is  faid,  had  niver  iH'foro  hcun  witni's.scMl  in 
riiiladcliihia.  The  people  were  in  the  highest 
poHsihIe  state  of  cnlhuKinsm." 

"  An  immense  nmltitnde  of  jK'ople  partook  of 
a  collation  in  Cuwtlu  (Jarden,  New-Vork,  on 
Tuesday  afteinoon,  to  celehrate  the  victory 
piined  in  the  '  three  days.'  The  panlen  was 
ilresseil  with  flajrs,  and  every  thin^  prepared  on 
u  grand  scale.  I'ipes  of  wine  and  harrels  of 
l»eer  were  [ii-esent  in  ahundance,  with  a  full 
KU|)ply  of  eatabk-H.  After  partaking  of  ivfresh- 
luciits  (in  which  a  preat  deal  of  business  was 
(lone  in  a  short  time,  by  the  thousands  employed 
— for  many  months,  like  many  hands,  make 
quick  work  I)  the  nieetinp  was  organiyx'd.  by 
appointinjj  IJenjamin  Wells,  carpenter,  president, 
twelve  vice-])residents,  and  four  secretaries,  of 
whom  there  was  one  cartman,  one  sail  maker, 
one  procer,  one  watchmaker,  one  ship  car[)cntcr, 
one  potter,  one  mariner,  one  physician,  one 
piinter,  one  surveyor, four  merchants,  &c.  The 
piesident  briefly,  but  stronply,  addressed  the 
multitude,  as  did  several  other  gentlemen.  A 
committee  of  conpratulation  from  Philadelphia 
was  {jresented  to  the  people  and  received  with 
hhouts.  Wheti  the  time  for  adjournment  ar- 
rived, the  vast  multitude,  in  a  solid  column, 
taking  a  considerable  circuit,  proceeded  to  Green- 
wich-street, wliere  5Ir.  Webster  was  dining  with 
a  friend.  Loudly  called  for,  he  came  forward, 
and  was  instantly  surrounded  by  a  dense  mass 
of  merchants  and  cartmen,  sailors  and  mechanics, 

1)rofesi3ional  men  and  laborers,  «S:c.,  seizing  him 
)y  his  hands.  lie  was  asked  to  say  a  few  words 
to  the  people,  and  did  so.  lie  exhorted  them 
to  perseverance  in  support  of  the  constitution, 
and,  oa  a  dead  silence  prevailed,  he  was  heard 
by  thousands.  Ho  thanked  them,  and  ended  by 
hoping  that  God  would  bless  them  all." 

"Saturdaj  Messrs.  Webster,  Preston  and 
Biuney  were  expected  at  Baltimore ;  and,  though 
raining  hard,  thousands  assembled  to  meet  them. 
Sunday  they  arrived,  and  were  met  by  a  dense 


ma.<i»,  ami  hjh'wIhw  ixaricd.  A  n  vinnd  mii,,.. 
tiT  of  the  tio.-jKl.  Ml  <  xciiHc  of  mirli  a  >.m|Iii  r.iin 
on  the  Saltballi.  miidtliat  in  revolutionurv  tiiiM, 
th<To  were  no  Sulpl»olht  They  Wfre  (i)i'idii'  li.| 
to  the  hotel,  whirc!  .lixO  wili-dreiNd  rit:/«i,. 
rwiived  tin  in  with  tntliusiasm." 

"Mr.  .Mdlullie  reached  HaltimoD'  in  thenficr. 
n'Hiii  of  .Saturday  la»f,  on  his  rclnni  to  \\ ,,-!,. 
iiigt'in,  and  was  irceived  by  fir>m  l..''il)i)  to  \i,i  1 1 
jieople,  who  w«'iv  waiting  on  the  wharf  Inr  |i, 
purpose,     lie  was  »H<orti<l  to  tlieCity  IImi. 
and,  from  the  steps,  a<ldresNe(|  the  crowd  (ii.,v 
increased  to  about  il.OOO  inrsons),  in  as  earnc  .| 
a  siKTch,  |K'rha|is,  as  he  ever  prononnceil — 'u, 
the  ///^/i/f/T  of  his  delivery  was  not  less  funil,! 
than   tlie  vnillir  of  his  ninaiks.     .Mr.  .Mcf) 
spoke  for  about  half  an  hour;  and,  while  at  u  ,' 
moment  he  pnxluced  a  roar  of  laughter,  in  ili' 
next  he  commanded  the  entire  attention  of  iL. 
audience,  or  elicited  loud  shouts  of  applause. 

"  The  brief  aildix'sses  of  .Messrs,  Welistp  r. 
Binney,  Mclliitlie,  and  Picston,  to  as.^enihji  i 
'iicltitudes  in  Baltimore,  and  the  manner  m 
which  they  were  recc  ived,  show  a  new  stale  <i 
feelings  and  of  thin;.s  in  this  city.  When  .Mr. 
McDiitdo  said  that  ten  days  after  the  eiitramv 
of  soldiers  into  the  iSenate  chamber,  to  send  the 
senators  home,  that  2(KI,(J0()  volunteers  woiiM 
be  in  Washington,  there  was  such  a  shout  u.sw 
have  seldom  belbre  heard." 

"There  wasamighty  meeting  of  the  people  mi: 
such  a  feast  as  was  never  In'fore  prepared  in  u, 
I'nitcd  States,  held  near  i'hiladelphio,  on  Im- 
day  last,  as  a  rallying  'to  sujijiort  the  eon.-itii,- 
tion,'  and  '  in  honor  of  the  late  whig  victorv ; ' 
New-York,'  a  very  large  delegation  frnni  i!,,; 
city  being  in  attendance,  bringing  with  tlm:, 
their  frigate-rigged  and  highlyfinislied  Wii 
called  the 'Constitution,' which  had  been  ]m^siii 
through  the  streets  during  the  'three  dny-. 
The  arrival  of  the  Btoamboat  with  this  dele;;  • 
tion  on  board,  and  the  procession  that  was  tliui 
formed,  are  described  in  glowing  terms.  Ti<' 
whole  number  congregated  was  supposed  not  to 
be  less  than  fifty  thousand,  multitudes  nttiiK- 
ing  .-.  jm  adj.iccnt  parts  of  Pennsylvania,  Nn 
Jersey,  Delaware,  Ac.  Many  cattle  and  otlur 
animals  hod  been  roasted  whole,  and  there  wciv 
200  great  rounds  of  beef,  400  hams,  as  many 
beeves'  tongues,  Ac.  and  15,000  loaves  of  bitai. 
with  crackers  and  cheese,  Ac,  and  equal  siipplid 
of  wine,  beer,  and  cider.  This  may  give  some  ii!ia 
of  the  magnitude  of  the  fea.st.  John  Serpeaiii 
presided,  assisted  by  a  large  number  of  via- 
presidents,  Ac  Strong  bands  of  music  plawi 
at  intervals,  and  several  salutes  were  fir:d  fni.: 
the  miniature  frigate,  which  were  returned  Iv 
heavy  artillery  provided  for  the  purpose." 

Notices,  such  as  these,  might  be  cited  in  any 
number ;  btit  those  given  are  enough  to  showw 
what  a  degree  people  can  be  excited,  whcnagaa! 
moneyed  power,  and  a  great  political  party,  com- 
bine for  the  purjjose  of  exciting  the  pissioa 


AXXO  mS4.    AXDREW  JACKSO!!.  miXlDEXT. 


might  be  cited  in  any 
1  are  enough  to  show  w 
be  excited,  when  a  gMi 
eat  political  party, com- 
f  exciting  the  passics! 


iKroii>:h  th«i  public  niiiroriniiti  ami  the  pulilii* 
lUrin*'  Imniiinw  ■moiint*  i»f  niotn-y  w« pp  ijc- 
|.n'ie<i  in  lhcoc<'|x'rnti<iii« ;  muI  it  un«  notorious 
t!iat  it  cliii  H y  raiiM-  fii>iii  th'.'  nn-at  n.-^iKyi-'l  lur- 
luratiun  in  i'hila<i<'l|iiiia. 


ClIAl'TKU    Oil  I.  I 

►J.SATdKIAI.  CONDKMNATlON  OK  TRKitlDKNT 
,lAih!*t'.\:  IIH  riltiTKST;  NuTIC'K  Uf  Tilt:  KX- 
VLN<<1N<>  lili-XUlXTION. 

Mr.  C'lav  ami  Mr.  Cullionn  were  the  two  liwl- 

1:1.'  H|pirit!»   in  the  condi'ninntion  of  I'rccidt'nt 

.lack.^on,    Mr.  Wthstcr  did  not  ciienk  in  favor 

of  tlicir  resolution,  but  niilcd  it  ini'identnlly  in 

[\w  dcliviTy  of  his  distress  Bpceciies.     The  reso- 

1  itioii  wa.'^  tlifir.t.  modilled  from  time  to  time  by 

till  instivo-',  without  any  voti«  of  the  Senate,  and 

Iv  virtue  of  the  privilcp;o  which  belongH  to  the 

mover  uf  any  motion  to  change  it  as  ho  plea.<sc8, 

until  the  .Senate,  by  some  action  upan  it,  makes 

it  in  own.    It  waa  altered  repeatedly,  and  up  to 

ihf  last  moment ;  and  after  undergoing  its  final 

iiiitution,  at  the  moment  when  the  yeas  and 

:,i\s  were  nbont  to  be  called,  it  wa.**  passed  by 

till'  Hanie  majority  that  would  have  voted  for  it 

wi  tliu  firit  ilay  of  its  introduction.    The  yeas 

were:  Messrs.  Bibb  of  Kentucky;  Black  of 

.MissLyiippi ;  Calhoun ;  Clay }  Clayton  of  Dela- 

I  ware  J  Ewing  of  Ohio;  Frelinghuysen  of  New 

Jtr^y;  Kent  of  Maryland;  Knight  of  Rhode 

I.land;  Leigh  of  Virginia;  Mangum  of  North 

j  f  rolina ;  Naudain  of  Delaware ;  Poindexter  of 

I.Mi-sissippi ;  Porter  of  Louisiana;  Prentiss  of 

IVcrinont;  Preston  of  South  Carolina ;  Kobbins 

lofUhode  Island;  Silsbee  of  Massachusetts ;  Na- 

Ithan  Smith  of  Connecticut ;  Southard  of  New 

Ijerscy ;  Sprague  of  Maine ;  Swift  of  Vermont ; 

IToraliuson  of  Connecticut ;  Tyler  of  Virginia ; 

pVapgoman  of  Louisiana;  Webster. — 20.    The 

nays  were :  Messrs.  Benton ;  Brown  of  North 

Carolina ;  Forsyth  of  Georgia ;  Grundy  of  Ten- 

kcesee;   Hendricks  of  Indiana;    Ilill  of  New 

piarapsliire;  Kane  of  Illinois;  King  of  Alaba- 

na;  King  of  Georgia;  Linn  of  Missouri;  Mc- 

Ivcan  of  Pennsylvania;    Mooro   of  Alabama; 

Ilon-K,  of  Ohio ;  Robinson  of  Illinois ;   Shep- 

py  of  Maiiie ;  Tallmadgo  of  New  York  ;  Tipton 

Indiana;  Hugh  L.White  of  Tennessee;  Wil- 


kin* of  Prnn*ylvi«ni« ;    SiIsm  WriKht   of  NVw 

York.— 'J".  And  ihu'*  the  n'««)Iution  wax  |m\iiii« 
III,  and  vra^  nothipg  but  nn  rnipty  fiilniiuuiii'n 
— A  men'  iKmrnal  ceimun'— liavinj:  no  nlati^  n 
to  any  bunini'iiii  or  prix'i'cdiiig  in  the  St'niiti* ; 
i.nd  evidently  intcndi'd  for  rl!ii-l  on  tlie  |Hiiplr. 
To  incri'a^e  thi*  efVi't,  Mr.  Cluy  pro|v,nid  a  f'" 
wive  th:it  the  Scirctary  Mhould  count  the  nnnn  » 
of  the  MignerM  to  the  inemomU  for  and  a^iiini-t 
the  art  of  the  rctiioval.  and  Rtrike  the  lialiimo 
Ixtween  tlK'ni,  which  he  romputcd  at  an  hun- 
dri'd  thousand  :  rvideiitly  iuliudiiig  to  add  the 
effect  of  this  j)i>])ulur  voice  to  the  weight  of  the 
si-nntorial  condeniniition.  The  ntunU-r  turmd 
out  to  l>o  unexpectedly  small,  considering  the 
minus  by  which  they  wcr  •  roliccti'd. 

When  passed,  the  total  irrelevance  of  the  re- 
sohiticm  to  any  right  or  duty  of  the  Senate  was 
made  manifest  by  the  insignificniire  tlmt  :  ttiiid- 
ed  its  decision.  There  was  ;  othing  t'  'le  done 
with  it,  or  upon  it,  or  under  it,  or  in  relation  to 
it.  It  went  to  no  committee,  laid  the  found  •■ 
tion  for  no  action,  was  not  conunuuicablo  to  th', 
other  House,  or  to  the  Presiilent ;  an  ,  inaintd 
an  intrusive  fuhninution  on  the  Seim  c  Jo  m  nal ; 
put  there  not  for  any  kgislntive  piirpofic,  but 
jiurely  and  simply  for  popular  effect,  (ircnt  re- 
liance was  placed  upon  that  f^lfect.  It  was  fully 
believed — notwithstanding  the  experience  of  the 
Senate,  in  Mr.  Van  Burcn's  case — that  a  senato- 
rial condemnation  wcnild  destroy  wl,  tmsoever  it 
struck — evenOencralJackson.  Vain  calculation! 
and  equally  condemned  by  the  lesson.s  of  his- 
tory, and  by  the  impulsion.^  of  the  human  heart. 
Fair  play  ia  the  first  feeling  of  the  masses ;  !i 
fair  and  impartial  trial  is  the  law  of  the  heart,  as 
well  as  of  the  land;  nnd  no  condemnation  is  toler- 
ated of  any  man  by  l:-i  enemies.  All  such  are 
required  to  retire  fioni  ciie  box  and  the  bench, 
on  a  real  trial:  much  more  to  refrain  from  a 
simulated  one ;  and  above  all  from  instigating 
one.  Mr.  Caihoun  and  Mr.  Clay  were  botli 
known  to  have  their  private  griefs  against  Otn'  - 
ral  Jackson,  and  also  to  have  been  in  Tehemeut 
opposition  to  each  other,  and  '.hat  they  had 
'"compromised"  their  own  bone  of  contention  to 
be  able  to  act  in  conjunction  against  him.  The 
instinctive  sagacity  of  the  people  saw  all  this ; 
and  their  innate  sense  of  justice  and  decorum 
revolted  at  it ;  and  at  the  end  of  these  proceed- 
ings, the  results  were  in  exact  contradiction  to 
the  calculation  of  their  effect.    General  Jackson 


I'M.- 


';.'• 


424 


THIRTY  Y FAILS'  VIEW. 


'I? 


was  more  popiilnr  than  ever;  the  leaders  in  tlie 
inovi'Hiciit  apainst  him  were  nationally  crippli-d  ; 
thiir  friiiKJs,  in  many  instancce,  wcr"  politically 
dcHtroycMJ  ill  their  StatcH.  It  was  a  nccond  edi- 
tion of  '•  Fox's  martyrs." 

Diinn;;  all  the  progress  of  tliis  procccdinp — 
while  a  phalanx  of  orators  and  speakers  were 
daily  fulminating  against  him — while  many 
hundred  newspapers  incessantly  as.sailed  him — 
while  public  meetings  were  held  in  all  parts, 
and  men  of  all  sorts,  even  beardless  youths, 
harangued  against  hira  as  if  he  had  been  a  Nero 
— while  a  stream  of  committees  was  pouring 
upon  him  (as  they  were  called),  and  whom  lie 
soon  refused  to  receive  in  that  character ;  during 
the  hundred  days  that  all  this  was  going  on,  and 
to  judge  from  the  imposing  appearance  which  the 
crowds  made  that  came  to  Washington  to  bring 
up  tiie  "  distress,"  and  to  give  countenance  to  the 
Senate,  and  emphasis  to  its  proceedings,  and  to 
fill  the  daily  gallery,  applauding  the  speakers 
agaipst  the  President — saluting  with  noise  and 
confusion  tho.se  who  spoke  on  his  side ;  during  all 
tiiis  time,  and  when  a  nation  seemed  to  be  in  arms, 
and  the  earth  in  commotion  against  him,  he  was 
tranquil  and  quiet,  confident  of  eventual  victory, 
and  firmly  relying  upon  God  and  the  people  to 
set  all  right.  I  was  accustomed  to  see  him 
often  during  that  time,  always  in  the  night  (for 
I  had  no  time  to  quit  my  seat  during  the  day) ; 
and  never  saw  him  appear  more  truly  heroic 
and  grand  than  at  this  time.  lie  was  perfectly 
mild  in  his  language,  cheerful  in  his  temper, 
finn  in  his  conviction  ;  and  confident  in  his  re- 
liance on  the  power  in  which  he  put  his  trust. 
I  have  seen  him  in  a  great  many  situations  of 
peril,  and  even  of  desperation,  both  civil  and  mili- 
tary, and  always  saw  him  firmly  relying  upon 
the  success  of  the  right  through  God  and  the 
people  ;  and  never  saw  that  confidence  more 
firm  and  steady  tlian  now.  After  giving  hira  an 
accoimt  of  the  day's  proceedings,  talking  over 
the  state  of  the  contest,  and  ready  to  return  to 
Bleep  a  little,  and  prepare  much,  for  the  combats 
of  the  next  day,  he  would  usually  .say :  "  Wc 
shall  whip  them  yet.  The  people  will  take  it 
up  after  a  while."  But  he  also  had  good  de- 
fenders present,  and  in  both  Houses,  and  men 
who  did  not  confine  themselves  to  th>i  defensive 
— did  rot  limit  themselves  to  returning  blow 
for  blow — but  assailed  the  assailants — boldly 
iharging  upon  them  their  own  illegal  conduct — 


exposing  the  rottenness  of  their  ally,  tlio  h.ir.k 
— .-howing  its  corruption  in  conciliatinp  p<,l;t . 
cians,  and  its  criminality  in  distressing  the  rxo- 
pie — and  the  unholiness  of  the  comhinati. -j 
which,  to  attain  political  power  and  kciiic  d 
hank  charter,  were  seducing  the  venal,  tcrrifv. 
inp  the  timid,  disturbing  the  country,  detitr'  v- 
ing  business  and  property,  and  falt^ily  acru- 
ing  the  President  of  great  crimes  and  misdi. 
meanors ;  because,  faithful  and  fearless,  he  sfn .', 
sole  obstacle  to  the  success  of  the  comlirid! 
powers.  Our  labors  were  great  and  inceFsnr.t 
for  we  had  superior  numbers,  and  great  aliilin 
to  contend  against.  I  spoke  myself  iiljn\,. 
thirty  times ;  others  as  often;  all  many  tinin: 
and  all  strained  to  the  utmost ;  for  wc  fdt, 
that  the  Ciiuse  of  Jackson  was  that  of  the  coun- 
try— his  dcieat  that  of  the  people — and  tlie 
success  of  the  combination,  the  delivering  lii, 
of  the  government  to  the  domination  of  a  mon- 
eyed  power  which  knew  no  mode  of  govern- 
ment but  that  of  corruption  and  oippression. 
We  contended  strenuously  in  both  Houses; 
and  as  courageously  in  the  Senate  against  a 
fixed  majority  as  if  we  had  some  chance  fur 
success ;  but  our  exertions  were  not  fur  th 
Senate,  but  for  the  people — not  to  change  sena- 
torial votes,  but  to  rouse  the  masses  through- 
out the  land ;  and  while  borne  down  by  a  ma- 
jority of  ten  in  the  Senate,  we  looked  with 
pride  to  the  other  end  of  the  building ;  and  de- 
rived confidence  from  the  contemplation  of  a 
majority  of  fifty,  fresh  from  the  elections  of  the 
people,  and  strong  in  their  good  cause.  It  wa^ 
a  scene  for  Mons.  De  Tocqueville  to  have  look- 1 
ed  on  to  have  learnt  which  way  the  difTercnw  I 
lay  between  the  men  of  the  direct  vote  of  the 
people,  and  those  of  the  indirect  vote  of  th« 
General  Assembly,  "filtrated"  through  the 
"refining"  process  of  an  intermediate  body. 

But  although  fictitious  and  forged,  yet  the  I 
distress  was  real,  and  did  an  immensity  of  mi- 
chief.    Vast  numbers  of  individuals  were  ruin- 1 
ed,  or  crippled  in  their  affairs ;  a  great  nianj 
bauks  were  broken — a  run  being  made  upon  all 
that  would  not  come  into  the  system  of  the  na- 
tional bank.     The  deposit  banks  above  all  van  I 
selected  for  pressure.    Several  of  tliem  were  I 
driven  to  suspension — some  to  give  uj)  the  de- 1 
posits — and  the  bank  in  Washington,  in  whicii  I 
the  treasury  did  its  business,  was  only  savfl  I 
from  closing  its  doors  by  running  wagons  wiiij 


ANXO  nn     ANDREW  JACKSOy.  PMSIDF.NT. 


425 


licir  ally,  tlw  \m\ 
conciliatinc  p<il;i;. 
ILstrtssinK  tlie  [ko- 
f  the   comMntiti. 'J 
lowcr  and  Bccnre  % 
the  vcniil,  tcrrifv. 
c  country,  (Icsitr'T- 
,  and  fiilHtly  accii- 
crimes  and  niif('.(- 
ind  fearless,  lie  stdi  1 
as  of  the  combiniil 
great  and  inccf^nr.t, 
rs,  and  great  a1iil.!y 
poke   myself  aVi\v 
en;  nil  many  tinier. 
itmoBt ;  for  wo  M<. 
was  that  of  the  conn- 
thc  people — and  tU 
m,  the  delivering  u;. 
domination  of  ammi- 
no  mode  of  govtni- 
ition  and  oppression, 
sly  in  both  Houses; 
the  Senate  against  i 
had  some  chance  kt 
ms  were  not  for  tk- 
» — not  to  change  sena- 
the  masses  through-  I 
borne  down  by  a  m- 
nate,  we  looked  wiih 
'  the  building ;  and  de- 
he  contemplation  of  a 
om  the  elections  of  the 
;ir  good  cause.    It  \va- 
cqueville  to  have  look- 
lich  way  the  differciiM 
the  direct  vote  of  the 
ic  indirect  vote  of  the 
iltrated"   through  the 
intermediate  body. 
us  and  forged,  yet  the 
id  an  immensity  of  mir 
f  individuals  were  nun- 
affairs  ;  a  great  many 
run  being  made  upon  all 
ito  the  system  of  tlie  nv  1 
)sit  banks  above  alWorv  j 

Several  of  them  were' 
-some  to  give  up  the  dH 
in  Washington,  in  wbicii  I 
usiness,  was  only  eavei 
by  running  wagons  v'W 


ipcoic  through  mud  and  mire  from  the  mint  in 
phila'lelplii*  to  the   bank  in  Washington,  to 
•upi'lv  th*'  plaw  "f  what  was  haiile<l  from  the 
tunk  in  Washington  to  the  national  bank  in 
I'hiia'leiphia — the  two  sets  of  wagons,  one  p<>- 
ir  Rnd  one  coming,  often  passing  each  other 
,11  the  road.     But,  while   ruin  was  poing  on 
uiwin  others,  the  great  corporation  in  Philadel-  ' 
•hia  was  doing  well.     The  distress  of  the  coun-  ! 
trv  was  its  harvest ;  and  its  monthly  returns  ] 
showed  constant  increases  of  specie.  j 

When  all  was  over,  and  the  Senate's  scn- 
jince  had  been  sent  out  to  do  its  office  among 
the  people.  General  Jackson  felt  that  the  time 
had  come  for  him  to  speak ;  and  did  so  in  a 
•■Protest,"  addressed  to  the  Senate,  and  re- 
markable for  the  temperance  and  moderation 
( f  its  language.  He  had  considered  the  pro- 
wiling  against  him,  from  the  beginning,  as 
illegal  and  void — as  having  no  legislative  aim 
(ir  object — as  being  intended  merely  for  cen- 
sure; and,  therefore,  not  coming  within  any 
power  or  duty  of  the  Senate.  He  deemed  it 
LXtra-judicial  and  unparliamentary,  legally  no 
more  than  the  act  of  a  town  meeting,  while  in- 
vested with  the  forms  of  a  legal  proceeding ; 
aid  intended  to  act  upon  the  public  mind  with 
t  u  force  of  a  sentence  of  conviction  on  an  im- 
[itachment,  while  in  reality  but  a  personal  act 
a;ninst  him  in  his  personal,  and  not  in  his 
official  character.  This  idea  he  prominently 
jiut  forth  in  his  "Protest;"  from  which  some 
lliassages  are  here  given : 

•  The  resolution  in  question  was  introduced, 
Idiscusscd,  and  passed,  not  as  a  joint,  but  as  a 
tparato  resolution.  It  asserts  no  legislative 
[|)ower,  proposes  no  legislative  action ;  and 
neither  possesses  the  form  nor  any  of  the  attri- 
Dutcs  of  a  legislative  measure.  It  does  not  ap- 
icar  to  have  been  entertained  or  passed,  with 
iny  view  or  expectation  of  its  issuing  in  a  law 
kr  joint  resolution,  or  in  the  repeal  of  any  law 
pr  joint  resolution,  or  in  any  other  legislative 
ction. 

"  Whilst  wanting  both  the  form  and  substance 
bf  a  legislative  measure,  it  is  equally  manifest, 
|hat  the  resolution  was  not  justified  by  any  oi' 
he  executive  powers  conferred  on  the  Senate. 
piegc  powers  relate  exclusively  to  the  consider- 
Jion  of  treaties  and  nominations  to  office ;  and 
tiey  are  exercised  in  secret  session,  and  with 
loved  doors.    This  resolution  does  not  apply 
T  any  treaty  or  nomination,  and  was  passed  in 
I  public  session. 
"  Nor  docs  this  proceeding  in  any  way  belong 
1  that  class  of  incidental  resolutions  which  re- 


late to  the  officers  of  the  Senate,  to  their  clmin- 
Iht.  and  othrr  appurtcnanciw,  or  to  subji-ctn  of 
onKr.  and  other  nmtters  of  the  like  natun — in 
all  which  eitluT  House  may  lawfully  proc^vd 
without  any  co-o|)eration  with  tin-  other,  it 
with  the  I'repidi-nt. 

'•On  the  contrary  the  whole  phrascolojry  and 
sense  of  the  ivsolution  pcoin  to  lie  judicial.  Its 
essence,  true  character,  and  only  practicul  etlict. 
are  to  l>e  found  in  the  conduc*-  which  it  charp'S 
u|)on  the  President,  and  in  the  judnuunt  which 
it  pronounces  on  that  conduct.  The  resolution, 
therefore,  though  (liscussed  an<l  adripted  by  the 
Senate  in  its  legislative  capacity,  is,  in  its  olhce, 
anil  in  all  its  characteristics,  essentially  judicial. 

"That  the  Senate  possesses  a  high  judicial 
power,  and  that  instances  may  occur  in  which 
the  President  of  the  United  States  will  be  ame- 
nable to  it,  is  undeniable.  But  under  the  pro- 
visions of  the  constitution,  it  would  seem  to  bo 
eqiially  plain  that  neither  the  Prc.sirlint  nor  any 
other  officer  can  be  rightfully  sulijected  to  tho 
operation  of  the  judicial  power  of  the  Senate 
except  in  the  cases  and  under  the  forms  pre- 
scribed by  the  constitution. 

"The  constitution  declares  that  'the  Presi- 
dent, Vice-Pre.sident,  and  all  civil  ofTicers  of  the 
United  States,  shall  be  removed  fiom  office  on 
impeachment  for,  and  conviction  of  treason,  bri- 
bery, or  other  high  crimes  and  misdemeanors' 
— that  the  House  of  Representatives  '  shall  have 
the  sole  power  of  impeachment ' — that  the  Senate 
'  shall  have  the  solo  power  to  try  all  impeach- 
ments' — that  'when  sitting  for  that  purpose, 
they  .shall  be  on  oath  or  affirmation' — that 
'when  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside' — that  no 
person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present' 
— and  that  'judgment  shall  not  extend  further 
than  to  remove  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or 
profit,  under  the  United  States.' 

"  The  resolution  above  quoted,  charges  in  sub- 
stance that  in  certain  proceedings  relating  to  tho 
public  revenue,  the  President  has  usurped  au- 
thority and  powc"  not  conferred  upon  him  by 
the  constitution  and  law.s,  and  that  in  doing  so 
he  violated  both.  Any  such  act  constitutes  a 
high  crime — one  of  the  highest,  indeed,  which 
the  President  can  commit — a  crime  which  justly 
expo.se8  him  to  impeachment  by  the  House  of 
Representatives,  and  upon  due  conviction,  to  re- 
moval from  office,  and  to  the  conijilete  and  im- 
mutable disfranchisement  prescribeil  by  the  con- 
stitution. 

"The  resolution,  then,  was  in  substance  an 
impeachment  of  tho  President ;  and  in  its  pas- 
sage amounts  to  a  declaration  by  a  majority  of 
the  Senate,  that  he  is  guilty  of  an  imiwachablo 
offence.  As  such  it  is  spread  upon  the  journals 
of  the  Senate — published  to  the  nation  and  to 
tho  world — made  part  of  our  enduring  archives 
— and  incorporated  in  the  history  of  the  age. 
The  punishment  of  removal  from  oiBcc  and  fu* 


■£•„» 


42C 


TIIIUTY  YKARS'  VIKW. 


tmv  <]i>r|uulirirutinii,  dofs  not.it  i.^  tnic,  follow 
Ihis  (k'ci-ifin  ;  nor  would  it  have  followed  the 
.ike  decision,  if  the  rcpihir  forms  of  proceeiiiii^ 
liad  iM'fii  |)iirsiic»l,  Wcause  the  rerniiKite  nmnlK.'r 
(lid  nut  (-'incur  in  the  rexnlt.  Itiit  the  mornl 
iiifliifmc  of  a  solemn  detluration,  by  n  majority 
of  the  S(  iiate,  thot  the  at-custHl  i.s  jjuilty  of  the 
ollence  chargeil  npon  him,  lian  Iwen  aH  eifcctual- 
ly  s».K,ured.  us  if  the  like  declaration  had  been 
niade  upon  an  iin|K;achmcnt  expressed  in  the 
same  terms.  lndce<l,  a  greater  practical  elfect 
h:is  l»een  gained.  l)ecau;se  the  votes  given  for  the 
resolution,  tliough  not  sullicient  to  authorize  a 
judgment  of  guilty  on  an  imiKjachment,  were 
numerous  enough  to  carry  that  resolution. 

'■  'i'hat  the  resolution  does  not  e.xpressly  allege 
that  the  assumption  of  power  and  authority, 
which  it  condemna,  was  intentional  and  corru5)t, 
is  no  answer  to  the  preceding  view  of  its  char- 
acter and  elllrt.  The  act  thus  condemned,  ne- 
cessarily implies  volition  and  design  in  the  in- 
dividual to  whom  it  is  imputed,  and  being  un- 
lawful in  its  character,  the  legal  conclusion  is, 
that  it  was  prompted  by  improper  motives,  and 
counnitted  with  an  unlawful  intent.  The  charge 
is  not  of  a  mistake  in  the  exercise  of  supposed 
powers,  but  of  the  assumption  of  powers  not 
conferred  by  the  constitution  and  law.s,  but  in 
derogation  of  both,  and  nothing  is  suggested  to 
excuse  or  palliate  the  turpitude  of  the  act.  In 
the  absence  of  any  such  excuse,  or  palliation, 
there  is  room  only  for  one  inference ;  and  that 
is.  that  the  intent  was  unlawful  and  corrupt. 
Besides,  the  resolution  not  only  contains  no 
mitigating  suggestion,  but  on  tho  contrary,  it 
holds  up  the  act  complained  of  as  justly  ob- 
noxious to  censure  and  reprobation  ;  nnd  thus 
as  distinctly  stamps  it  with  impurity  of  motive, 
as  if  the  strongest  epithets  had  been  used. 

"  The  President  of  tho  United  States,  there- 
fore, has  been  by  a  majority  of  his  constitutional 
triers,  accused  and  found  guilty  of  an  impeach- 
able olfenco ;  but  in  no  part  of  this  proceeding 
have  the  directions  of  tho  constitution  been  ob- 
KeiTed. 

"  The  impeachment,  in.''toad  of  being  preferred 
and  pros'jcuted  by  the  House  of  llepresenta- 
tives,  originated  in  the  Senate,  and  was  prose- 
cuted witliout  tho  aid  r  concurrence  of  the 
other  House.  Tho  oatli  or  ulTirmation  pre- 
scribed by  the  constitution,  was  not  taken  by 
the  senators ;  the  Chief  Justice  did  not  preside ; 
no  notice  of  the  charge  was  given  to  the  accus- 
ed ;  and  no  opportimity  aflbrded  him  to  respond 
to  the  accusation,  to  meet  his  accusers  face  to 
face,  to  cross-examine  the  witnesses,  to  procure 
counteracting  testimony,  or  to  be  heard  in  his 
defence.  The  safegiiards  and  formalities  which 
the  constitution  has  connected  with  the  power 
of  impeachment,  were  doubtless  supposed  by 
the  framers  of  that  instrument,  to  be  essential 
to  the  protection  of  the  public  servant,  to  tho 
attainment  of  justice,  and  to  the  order,  impiir- 
tiality,  and  dignity  of  tho  procedure.  Those 
eafcjjuardii  and  Ibrmalities  were  not  only  pi'a.ti- 


cally  disregarded,  in  the  commcnoemont  .ind  cor. 
duct  of  thes«  procee<lings.  lint  in  their  nsnlt  I 
(Ind  myself  convicted  by  less  than  two-iliirrlj,( 
the  members  present,  of  an  imiieachable  o1!'id(h." 

IIavin<?  thus  shown  the  proceedings  of  t|,, 
Senate  to  have  been  extra-judicial  and  the  me;? 
fulmination  of  a  censure,  s\ich  as  might  anv.". 
from  a  '■  ma.s8  meeting,"  and  finding  no  warrant  in 
any  right  or  duty  of  the  body,  and  intended  fuf 
nothing  but  to  operate  upon  him  personally,  l.- 
tlien  showed  that  senators  from  three  States  lal 
voted  contrary  to  the  sense  of  their  rcspectiv.- 
State  legislatures.     On  tiiis  point  he  said : 

"There  are  also  some  other  circumstances  ci-n- 
nected  with  the  di.«cussion  and  passage  of  i|,,. 
resolution,  to  which  I  feel  it  to  be,  not  only  mv 
right,  but  my  duty  to  refer.  It  appears  by  the 
journal  of  the  Senate,  that  among  the  twenty- 
six  senators  who  voted  for  the  resolution  on  lis 
final  passage,  and  who  had  supported  it  in  di- 
bate,  in  its  original  form,  were  one  of  the  scni- 
tors  from  the  State  of  JIaine,  the  two  scKators 
from  New  Jersey,  and  one  of  the  senators  from 
Ohio.  It  also  appears  by  the  pame  journal,  ami 
by  the  files  of  the  Senate,  that  the  legislatures  of 
these  States  had  severally  expressed  their  o|iiii. 
ions  in  respect  to  the  Executive  proccediiip! 
drawn  in  question  before  the  Senate. 

"  It  is  thus  seen  that  four  senators  have  de- 
clared by  tiieir  votes  that  the  President,  in  tlic 
late  Executive  proceedings  in  relation  to  the 
revenue,  had  been  guilty  of  the  impeachable  of- 
fence of '  assuming  upon  himself  authority  and 
power  not  conferred  by  tho  constitution  and 
laws,  but  in  derogation  of  both,'  whilst  the  le;;- 1 
islatures  of  their  respective  States  had  delitxr- 1 
ately  approved  those  veryproceedings,  as  consist- 
ent with  the  constitution,  and  demanded  by  the  I 
public  good.    If  these  four  votes  had  been  glTcn 
m  accordance  with  the  sentiments  of  the  Ivirisla- 
tures,  as  above  expressed,  there  would  have  )j«en  | 
but  twenty-four  votes  out  of  forty -six  for  cen- 
suring tho  President,  and  the  unprecedented  re- 1 
cord  of  his  conviction  could  not  have  been  plad  | 
upon  the  journals  of  the  Senate. 

"  In  thus  referring  to  the  resolutions  and  in- 1 
structions  of  State  legislatures,  I  disclaim  and 
repudiate  all  authority  or  design  to  interfere  with  I 
the  responsibility  due  from  members  of  the  Se- 1 
nate  to  their  own  consciences,  their  constituenu  I 
and  their  country.  The  facts  now  stated  lx'lo3»  | 
to  the  history  of  these  proceedings,  and  are  im- 
portant to  the  just  development  of  the  principb  I 
and  interests  involved  in  them,  as  well  as  tothl 
proper  vindication  of  the  Executive  dcpartincnl;  I 
and  with  that  view,  and  that  view  only,  arcthty  [ 
here  made  the  topic  of  remark." 

The  President  then  entered  his  solemn  pn>  I 
test  against  the  Senate's  proceedings  in  the*  I 
words : 


ANNO  18r,j.     ANDUKW  JACKSON',  PRt>II)KNT. 


427 


"Wiiii  tlii-i  view,  niul  for  tho  reapons  which 
t.iTC  U^n  statiil,  i  <lo  hereby  Koli-iiiniy  protest 
xMU>t  the  atorenienti<)iie(i  proceedinRs  of  the 
.>  naie.ii-suiiaiiihurizcd  by  the  constitution;  con- 
irarv  to  ils  s|iirit  and  ti)  several  of  its  erpresn 
1  rovlsioiis ;  8nl)verf'ivo  of  that  distribution  of  the 
lowirs  of  (lovernincnt  which  it  has  ordained  and 
,  laMished ;  destructive  of  the  checks  and  safe- 
•iianis  liV  which  those  powers  were  intended, 
uii  the  line  hand,  to  bo  controlled.  an<l.  on  the 
111  her.  to  be  protected;  and  calculated,  by  their 
iiiiiiK'tliHte  and  collateral  etl'ccts,  by  their  charac- 
ter ami  tendency,  to  concentrate  in  the  hands 
of  a  body  not  directly  amenable  to  tlie  people, 
adi'prec'of  influence  and  power  danjrerous  to 
t;,cir  lilx.rties,  and  fatal  to  the  constitution  of 
tluir  elioice." 

And  it  concluded  with  an  atrecting  appeal  to 
his  private  history  for  the  patriotism  and  integ- 
rity of  hi.s  life,  and  the  illustration  of  his  con- 
duct in  relation  to  the  bank,  and  showed  his  re- 

j  liMCC  on  God  and  the  People  to  sustain  him ; 
and  looked  with  confidence  to  the  place  which 
justice  would  assign  him  on  the  page  of  history. 

f'lhis  moving  peroration  was  in  the.»'^  words : 

■  Tiie  resolution  of  the  Senate  contains  an  im- 
1  putation  upon  my  private  as  well  as  upon  my 
limblic character;  and  as  it  must  stand  for  ever 
Inn  their  journals,  I  cannot  close  this  substitute 
Ifor  that  (lefc-nce  which  I  have  not  been  allowed 
Ito  present  in  the  ordinary  form,  without  remark- 
liiv,',  that  I  have  lived  in  vain,  if  it  be  necessary 
llo  enter  into  a  formal  vindication  of  my  charac- 
ItiT  and  purposes  fi'om  such  an  imputation.    In 
jvain  do  I  bear  upon  my  person,  enduring  memo- 
rials of  that  contest  in  which  American  liberty 
|wa.s  purchased;  in  vain  have  I  since  perilled 
j)io|)tTty,  f;mie,  and  life,  in  defence  of  the  rights 
^nd  privileges  so  dearly  bought :  in  vain  am  I 
mv,  without  a  personal  aspiration,  or  the  hope 
pf  individual  advantage,  encoimtering  responsi- 
lihties  and  dangers,  from  which,  by  mere  in- 
ictivity  in  relation  to  a  single  point,  I  might 
pave  lieen  exempt — if  any  serious  doubts  can 
;  entertained  as  to  the  purity  of  my  purposes 
M  motives.    If  I  had  been  ambitious,  I  should 
bve  sought  an  alliance  with  that  powerful  in- 
btitution,  which  even  now  aspires  to  no  divided 
npiie.    If  I  Imd  been  venal,  I  should  have 
M  myself  to  its  ..designs.    Had  I  preferred 
ersonal  comfort  ancl  official  ease  to  the  perform- 
oce  of  my  arduous  duty,  I  should  have  ceased 
I  molest  it.    In  the  history  of  conquerors  and 
fcurpers,  never,  in  the  fire  of  youth,  nor  in  the 
\fw  of  nianhood,  could  I  find  an  attraction  to 
pre  me  from  the  path  of  duty ;  and  now,  I  shall 
prceiy  tind  an  inducement  to  commence  the 
kreer  of  ambition,  when  gray  hairs  and  a  de- 
kyiiiir  frame,  instead  of  inviting  to  toil  and  bat- 
|e,  call  nie  to  the  contemplation  of   other 
itrlds,  where  cjuquerora  cease  to  bo  honored, 


and  URurporn  expiate  their  crinies.  Tho  nnlv 
ambition  1  can  feel,  is  to  n((|iiit  iny.>ieir  t"  lliin 
to  whom  I  must  sunn  n'ti'ler  an  aicounf  i^f  my 
stewardship,  to  seiTe  my  fi'lli>w-niiii,  and  livt> 
respected  ami  hoiKired  in  the  history  of  uiv 
country.  No;  the  auiliiti<>n  wiiirh  jeaiis  ii.e 
on,  is  an  anxious  desiiv  and  a  fixed  deteruiitia- 
tion,  to  return  to  tlie  jK'<ipie,  )iniui]iaireil.  the 
sacred  trust  they  have  contided  to  my  ciiaiiii — 
to  heal  the  wounds  of  the  constitution  and  pre- 
serve it  from  further  violation  ;  to  persuade  my 
countrymen,  so  far  as  I  may,  that  it  is  not  in  a 
splendid  government,  supporteil  by  powerful 
monopolies  and  aristocratical  esliililishments, 
that  they  will  find  happiness,  or  their  lilierties 
protected,  but  in  a  plain  system,  voitl  of  jwiiip 
— protecting  all,  and  granting  favors  to  none — 
dispensing  its  blessings  like  the  dews  of  heaven, 
unseen  and  unfelt,  save  in  the  freshness  and 
beauty  they  contribute  to  produce.  It  is  such 
a  government  that  the  genius  of  our  people  re- 
quires— such  a  one  only  under  which  ouriStates 
may  remain  for  ages  to  tjme,  united,  prosjwr- 
ous.  and  free.  If  the  Almighty  Being  who  has 
hitherto  sustained  and  protected  me,  will  but 
vouchsafe  to  make  my  feel)lo  powers  instru- 
mental to  such  a  result,  I  shall  anticipate  with 
pleasure  the  place  to  be  assigned  nie  in  tho 
history  of  my  country,  and  die  contented  with 
the  belief,  that  I  have  contributed  in  some  small 
degree,  to  increase  the  value  and  prolong  the 
duration  of  American  liberty. 

"  To  the  end  that  the  resolution  of  the  Se- 
nate may  not  be  hereafter  drawn  into  precedent, 
with  the  authority  of  silent  acquiescence  on  the 
part  of  the  Executive  department ;  and  to  tho 
end,  also,  that  my  motives  and  views  in  tho 
Executive  proceeding  denounced  in  that  resolu- 
tion may  be  known  to  my  fellow-citizens,  to  the 
world,  and  to  all  posterity,  I  respectfully  re- 
quest that  this  message  and  protest  may  be  en- 
tered at  length  on  the  journals  of  the  Senate." 

No  sooner  was  this  Protest  read  in  the  Senate 
than  it  gave  rise  to  a  scene  of  the  greatest  ex- 
citement. Mr.  Poindexter,  of  Mississippi,  imme- 
diately assailed  it  as  a  breach  of  the  privileges  of 
tho  Senate,  and  unfit  to  be  received  by  the  body. 
He  said :  "  I  will  not  dignify  this  paper  by  con- 
sidering it  in  the  light  of  an  Executive  message : 
it  is  no  such  thing,  I  legard  it  simply  as  a 
paper,  with  the  signature  of  Andrew  Jackson ; 
and,  should  the  Senate  refuse  to  receive  it,  it 
will  not  be  the  first  paper  with  the  same  signa- 
ture which  has  been  refused  u  hearing  in  this 
body,  on  the  ground  of  the  abusive  and  vitupe- 
rative language  which  it  contained.  This  effort 
to  denounce  and  overawe  the  deliberations  of 
tho  Senate  may  properly  be  regarded  as  capping 
the  climax  of  that  systematic  plan  of  o{)eration8 
which  had  for  several  years  been  in  progress, 


a .  ■■■ 


.i:.i<' 


^M 


'  ■  If,  ■ 


428 


THIRTY  YKARS'  VIKW. 


"••^ 


deeipnt'fl  to  Iirincr  this  boily  into  disropiite  nmonc 
the  ppoplc,  iiiui  iliiTi'liy  rt'iii'ivo  the  only  cx'xt^t- 
irif;  Ijarrior  lo  the  nrMtrnry  I'lHToactimtnts  and 
usurpations  of  Kxeciitive  power:"—  uid  lie  mov- 
ed (liat  tlic  pi|K'r,  ns  lie  called  it,  nhould  not  be 
received.  Mr.  13enton  deemed  this  a  proper 
orca.'iion  to  pivc  notice  of  his  intention  to  move 
a  strong  Tneasurc  which  he  cont'-r  plated — an 
exptmfrinn  n'Kolntion  npiinst  the  sentence  of  the 
Senate: — a  iletermination  to  whir'  he  h.^l  come 
from  his  own  convictions  of  ripht  nn  '  wJiich  he 
now  announced  without  consulti.tion  with  any 
of  his  friends.  He  deemed  this  movement  too 
hold  to  he  submitted  to  a  council  of  friends — too 
darinp  to  expect  their  concurrence ; — and  believed 
it  was  better  to  proceed  without  their  know- 
ledge, than  af^jainst  their  decision.  lie,  there- 
fore, delivered  his  notice  e.v  abruptu,  accom- 
panied by  nn  earnest  invective  npiinst  the  con- 
duct of  the  Senate  ;  and  committed  liimsclf  irre- 
vocably to  the  prosecution  of  the  "  cxpunping 
resolution  "  until  he  should  succeed  in  the  effort, 
or  terminate  his  political  life :  lie  said : 

"  The  p(iblic  mind  was  now  to  bo  occupied 
with  a  question  of  the  very  first  moment  and 
importance,  and  identical  in  all  its  features  with 
the  fireat  question  prowing  out  of  the  famous 
resolutions  of  the  English  House  of  Commons 
m  the  case  of  the  Middlesex  election  in  the  year 
17()8 ;  and  which  engrossed  the  attention  of  the 
British  empire  for  fourteen  years  before  it  was 
settled.  That  question  was  one  in  which  the 
IIou<e  of  Commons  was  judged,  and  condemned, 
for  adopting  a  resolution  which  was  held  by  the 
subjects  of  the  British  crown  to  be  a  violation 
of  their  constitution,  and  a  subversion  of  the 
rights  of  Englishmen :  the  question  now  before 
the  Senate,  and  which  will  go  before  the  Ame- 
rican people,  grows  out  of  a  resolution  in  which 
he  (Mr.  B.)  belii^ved  that  the  constitution  had 
been  violated — the  privileges  of  the  House  of 
Representatives  invaded — and  the  rights  of  an 
American  citizen,  in  the  person  of  the  President, 
subverted.  The  resolution  of  the  House  of 
Commons,  after  fourteen  years  of  annual  mo- 
tions, was  expunged  from  the  Journal  of  the 
House ;  and  he  pledged  himself  to  the  American 
people  to  commence  a  similar  scries  of  motions 
with  respect  to  this  resolution  of  the  Senate. 
He  had  made  up  his  mind  to  do  so  without  con- 
sultation with  any  human  being,  and  without 
deigning  to  calculate  the  chances  or  the  time  of 
success.  He  rested  under  the  firm  conviction 
that  the  resolution  of  the  Senate,  w^hich  had 
drawn  from  the  President  the  calm,  temperate, 
and  dignified  protest,  which  had  been  read  at 
the  table,  was  a  resolution  which  ought  to  be 
expunged  from  the  Journal  of  the  Senate ;  and 
if  any  thing  was  necess:iry  to  stimulate  bis 


sense  of  dtity  in  making  a  motion  to  tliattrti'^ 
and  in  encouraging  others  after  he  was  pof,,.  ,!, 
following  Hj»  that  motion  to  »uccc!>i.  it  woiiMi. 
found  in  the  history  and  icrminationof  thcsiinK 
I'lr  motion  which  was  made  in  the  Kngli^l|  H,,,,^, 
of  Commons  to  which  he  had  referncl.    'n,,. 
moti(mwas  renewed  for  fourteen  ycnro— frr.^^ 
17(iH  to  17H2 — before  it  wa«  successr  1.    j„f 
(he  first  seven  years,  the  lofty  and  iiidjjmar,' 
majority  did  not  condescend  to  rt|ily  to  il„ 
motion.    Tlu-y  sunk  it  under  a  ileaii  vote  i. 
often  as  prenentcd.    The  second  sevin  year. 
they  replied  ;  and  at  the  end  of  the  term,  ani  1 
on  the  assembling  of  a  new  Parlinmint.  tl,' 
veteran  motion  was  carried  by  more  than  tir< 
to  one ;  and  the  gratifying  spectacle  was  iKhdi  I 
of  a  j)ublic  expurgation,  in  the  face  of  t!io  is.  [ 
.sembled  Commons  of  England,  of  the  ohnoxinui 
resolution  from  the  Journal  of  the  House.  Tli, 
elections  in  England  were  septennial,  ami  n  \ 
took  two  tcnns  of  seven  years,  or  two  pmn. 
elections,  to  bring  the  sense  of  the  kingdom  t, 
bear  upon  their  representatives.    The  t!eetion> 
of  the  Senate  were  sexennial,  with  iiitiTcjiiarv  i 
exits  and  entrances,  and  it  might  take  a  lt'ss,(f 
a  longer  period,  he  would  not  presume  to  w  f 
which,  to  bring  the  sense  of  the  American  jicoplf 
to  bear  upon  an  act  of  the  American  Senate 
Of  that,  he  would  make  no  calculation  ;  but  the  I 
final  success  of  the  motion  in  the  P^ngli.sh  Ilom« 
of  Commons,  after  fourteen  years'  peiseveraiift.  | 
was  a  sufficient  encouragement  for  him  tobepii!, 
and  doubtless  would  encourage  others  to  con- 
tinue, until  the  good  work  should  be  crownd 
with  succes.s ;  and  the  on^y  atonement  niadt  I 
which  it  was  in  the  Sensite's  pt  .ver  to  make,  to  | 
the  violated  majesty  of  the  constitution,  the  ini 
vadcd  privileges  of  the  House  of  Kepresentativos 
and  the  subverte<l  rights  of  an  American  citizen 
"  In  bringing  this  great  question  before  tht 
American  people,  Mr.  B.  should  consider  himf 
self  as  addressing  the  calm  intelligence  ofani 
enlightened  community.     He  believed  thebodvl 
of  the  American  people  to  be  the  most  enlighten- 1 
ed  community  upon  earth ;  and,  without  the  lensi  | 
disparagement  to  the  present  Senate,  he  iuuhI 
be  permitted  to  believe  that  many  such  Senate;  I 
might  bo  drawn  from  the  ranks  of  the  peopkf 
and  still  leavo  no  dearth  of  intelligence  behindl 
To  such  a  community — in  an  appeal,  on  «  pre«l 
question  of  constitutional  law,  to  the  iindnT 
standings  of  such  a  people — declamation,  pi!-| 
ijion,  epithets,    opprobrious    language,  would  I 
stand  for  nothing.    They  would  fioat,  hannleisl 
and  unheeded,*through  the  empty  air,  and  striktl 
in  vain  upon  the  ear  of  a  sober  and  dispaseioiui(| 
tribunal.    Indignation,  real  or  affected ;  wraikl 
however  hot ;  fury,  however  enraged ;  asseven-j 
tions,  however  violent ;  denunciation,  howererl 
furious  ;  will  avail  nothing.     Facts—  incxonli!(| 
facts — are  all  that  will  bo  attended  to ;  rcaaii,! 
calm  and  self-possessed,  is  all  that  will  beliftei-l 
cd  to.    An  intelligent  tribunal  will  exact  tinl 
respect  of  an  address  to  their  understanding!! 
and  be  that  wishes  to  be  heard  in  this  gittil 


lir 


r^t 


ANNO  1831.     ANnilKW  JACKSON.  rUiyiDENT. 


429 


jiH-.'lion.  or  iKiing  heard,  would  wwh  to  be 
htt^Wil.  will  havo  occasion  to  Ih3  clear  and  cor- 
riTt  in  h\!*  facts  ;  clofc  and  jHrBpicuous  in  hit 
duplication  I'f  law  ;  fair  and  candid  in  his  con- 
,lii*ionrt  and  inforcnccs  ;  temiRTato  and  deco- 
rous in  hi''  lunpiiapj;  and  Hcnipiiiously  free 
fiiiin  cviry  taint  of  wnxcancc  and  nialicu.  So- 
enmlv  iniinossed  with  tiio  truth  of  all  these 
i,,nvictii>n:<,  it  was  tlie  intention  of  himself  (Mr. 
II. ,  wliatcviT  the  exanipio  or  tho  provocation 
miilit  lit — never  to  forget  his  place, his suliject, 
III,  amiiiiice,  and  his  object — never  to  forget 
ilut  he  uas  sjK'akinK  in  tho  American  Senate, 
„n  a  question  of  violated  constitution  and  out- 
nijreii  individual  right,  to  an  audience  compre- 
litiiiiinp  tho  wliolc  body  of  tho  American  people, 
mill  for  tho  purpose  of  obtaining  a  righteous 
(Itfision  from  the  calm  and  sober  judgnjont  of 
a  hip    iiinded,  intelligent,  and  patriotic  com- 

iiHinitv. 

•  J  111'  question  immediately  before  the  Senate 
v,,v^  mil'  "f  minor  consequence ;  it  might  be 
(•alk'il  a  question  of  small  import,  except  for 
the  ell'uct  which  tho  decision  might  have  upon 
the  Senate  itself.     In  that  point  of  vieWj  it 
iiiiL'ht  He  a  question  of  some  moment ;  for,  with- 
out refen  ncc  to  individuals,  it  was  essential  to 
he  cause  of  free  govcinmei'ts,  that  every  de- 
partnient  of  the  government,  tFie  S-enate  mclu- 
rive.  should  so  act  as  to  prosci  ve  to  itself  the 
risiKct  and  the  conlidenco  of  tho  country.    The 
iimnediate  question  was,  upon  the  rejection  of 
the  President's  message.     It  was   moved   to 
I  reject  it— to  reject  it,  not  after  it  was  considered, 
[  hut  before  it  was  considered !  and  thus  to  tell 
ihe  American  people  that  their  President  shall 
I  nit  lie  heard — should  not  be  allowed  to  plead 
his  defence — in  the  presence  of  the  body  that 
cmdcinned  him — neither  before  the  condemr a- 
liioii,  nor  after  it!    This  is  the  motion:  and 
I  ceituinly  no  enemy  to  the  Senate  could  wish  it 
1 1  miscarry.    The  President,  in  the  conclusion 
of  his  message,  has  respectfully  r.quested  that 
lis  defence  might  be  entered  ujwn  the  Journal 
I  of  tlie  Senate — upon  that  same  Journal  which 
[contains  the  record  of  his  conviction.    This  is 
[the  request  of  the  President.    Will  the  Senate 
ileny  it  ?    Will  they  refuse  this  act  of  sheer 
[justice  and  common  decency?     Will  they  go 
[further,  and  not  only  refuse  to  place  it  on  the 
[journal,  but  refuse  even  to  suffer  il  to  remain 
I  in  the  h^enate  ?    Will  they  refuse  to  permit  it 
jta  remain  on  file,  but  send  it  back,  or  throw  it 
lout  of  doors,  without  condescending  to  reply  to 
I  it  ?    For  that  is  the  exact  import  of  the  motion. 
jnow  made !    Will  senators  exhaust  their  minds, 
[and  their  bodies  also,  in  loading  this  very  com- 
anication  with  epithets,  and  then  say  that  it 
Ishall  not  bo  received  1    Will  thty  receive  me- 
linorials,  resolutions,  essays,  from  "11  that  choose 
Ito  abuse  the  President,  and  not  receive  a  word 
lof  defence  from  him  ?    Will  they  continue  the 
hpcctacle  wiiich  had  been  presented  here  for 
Ithree  months — a  daily  presentation  of  attacks 
lupoD  the  Pi-esident  from  all  that  choose  to  at- 


tack him,  young  and  idd,  boys  and  men — attack* 
echoing  the  very  kduhiI  nf  thi.t  risolniion,  anil 
which  are  not  only  rtciivcd  and  liied  liere,  but 
printed,  whith,  iMinsibly,  the  twenty-fix  conlil 
not  unite  here,  nor  go  to  trial  iiiimi  any  where  I 
I'e  remarked,  in  the  tliinl  yhirv,  ii|on  tlieetlei't 
produced  in  tlio  character  of  the  rcttoiution,  and 
atllrmed  that  it  was  nothing,  lie  mu[  tiiat  the 
same  charge  ran  through  all  three.  They  all 
three  imputcnl  to  tho  I'resiilent  u  violation  of 
tho  constitution  and  laws  of  the  country — of 
that  constitution  which  ho  was  swoni  to  smy 
port,  and  of  tliose  laws  which  he  was  not  oni_> 
bound  to  obse'To  himself,  but  to  cause  to  bo 
faithfully  observed  by  all  othcrn. 

"A  violation  of  the  constitution  and  of  the 
laws,  Mr.  B.  said,  were  not  abstractions  and  nu  ta- 
physical  subtleties.  They  must  relate  to  i>eri-ons 
or  things.  The  violatiims  cannot  rest  in  tho 
air ;  they  must  affix  themselves  to  men  or  to 
property ;  they  must  connect  themselves  with 
the  transactions  of  real  life.  They  cannot  t>o 
ideal  and  contemplative.  In  omitting  the  spe- 
cifications relative  to  tho  dismission  of  one 
Secretary  of  the  Treasury,  and  t!ie  appointment 
of  another,  what  other  specifications  were  adopt- 
ed or  substituted  /  Certainly  none !  AVhat 
others  w  ere  mentally  intended  ?  Surely  none ! 
What  others  were  suggested  ?  Certainly  none ! 
The  general  charge  then  rests  ujjon  the  same 
specification ;  and  so  completely  is  this  the  fact, 
that  no  supporter  of  the  resolutions  has  thought 
it  necessary  to  make  the  least  alteration  in  hia 
speeches  which  supported  the  original  resolu- 
tion, or  to  say  a  single  additional  word  in  favor 
of  the  altered  resolution  as  finally  passed.  The 
omission  of  tho  specification  is  then  an  omission 
of  form  and  not  of  sjibstance ;  it  is  a  change  of 
words  and  not  of  things  ;  and  the  substitution 
of  u  derogation  of  the  laws  nd  constitution, 
for  dangerous  to  the  liberties  of  tho  jicoplo,  is  a 
still  more  flagrant  instance  of  change  of  words 
without  change  of  things.  It  is  tautologous 
and  nonsensical.  It  adds  nothing  to  the  general 
charge,  and  takes  nothing  from  it.  It  neither 
explains  it  nor  qualities  it.  In  the  technical 
sense  it  is  absurd ;  for  it  is  not  the  case  of  a 
statute  in  derogation  of  the  common  law,  to 
wit,  repealing  a  part  of  it ;  in  tho  common  par- 
lance understanding,  it  is  ridiculous,  for  the 
President  is  not  even  charged  with  defaming 
the  constitution  and  the  laws  ;  and,  if  he  was 
so  charged,  it  would  present  a  curious  trial  of 
acandatum  ma^nalum  for  the  American  Senate 
to  ongage  in.  No !  said  Mr.  13.,  this  derogation 
clause  is  an  expletion !  It  is  put  in  to  fill  up ! 
The  regular  impeaching  clause  of  dangerous  to 
the  liberties  of  the  people,  had  to  be  taken  out. 
There  was  danger,  not  in  the  people  certainly, 
but  to  the  character  of  the  resolution,  if  it  staid 
in.  It  identified  that  resolution  as  an  im- 
peachment, and,  therefore,  constituted  a  piece 
of  internal  evidence  which  it  was  necessary  to 
withdraw  ;  but  in  withdrawing  whicii,  the  cha- 
racter of  the  resolution  was  not  altered.    The 


^iiJ*^-^**^vri#i, 


4^ 


"IIIRTY  YEARS'  VIEW. 


M 


W':-m 


rlinrpp  for  vinlatinfr  the  lawn  nntl  thi  conRtitn- 
(i(»n  Ktill  stood;  ari'l  tlic  Biibxtitnted  ciaime  wan 
noflmin  hut  II  KtojiiKT  if)  a  vncunni— 0''<litional 
Bonml  without  ndifitional  ponse,  to  fill  up  a 
blank  ami  round  oil'  a  Ht'ntcnro. 

'•  After  Hhowiiiu  tiie  inipoaciiiiif?  character  of 
tlie  Senate's  recolutio;-.  from  its  own  internal 
cviilence,  Mr.  li.  ha«l  recourse  to  ^mother  de- 
Bcrijition  of  cvi<!encc,  ncarcely  inferior  to  the 
resolutions  themselves,  in  tli'?  authcnfic  inter- 
pretations of  their  mcaninp;  He  allmied  to  the 
speeches  made  in  support  ot  them,  and  which 
had  resounded  in  this  chamber  for  three  months, 
and  were  no'.v  circulating  all  over  thr  country 
in  every  variety  of  newspaper  and  "iiamphlet 
fornv.  These  speecheo  were  made  by  the  iVii  nds 
(.:  >h(',  resolution  to  procure  its  adoption  iuTe, 
nnu  to  justify  its  adoption  before  tbe  country. 
Jet  th';  country  then  road,  let.  the  people  read, 
w!>i*  iias  been  sent  to  tht-m  f"r  the  purpose  jf 
juKtifyinp  these  re.^foltitions  wliich  they  are  now 
t(i  try  !  'i'liey  will  tiiirt  them  to  be  in  the  cha- 
racter ot  jiroset.'' ioii  pIcadinRS  against  an  n<.- 
cus<-d  man,  on  hi,   iviul  In!  tli<>  f'orni»i lesion  of 


preat    crimes  !     l-et   Uii;i 


ln(5k 


these 


speeclies,  and  mark  ho  pns.s^ifies  ;  they  will 
find  limpfuapo  i-ansMcii-ii  J  i^iory  ni'nmaged,  to 
find  words  piiiliciei)*;y  ;::rong,  n  >d  examples 
fcufHcicntly  o()i<nia,  to  paint  and  exemplify  the 
enormity  of  the  crime  of  which  tiie  President 
was  alleged  to  be  guiity.  After  reading  these 
passages,  let  any  one  doubt,  if  he  can,  as  to  the 
character  >^f  the  resolution  which  was  adopted. 
Let  him  lioubt,  if  he  can,  of  the  impeachable 
nature  of  thi;  oiience  which  was  charged  upon 
the  President.  Let  him  doubt,  if  he  can,  that 
every  Senator  who  voted  for  that  resolution, 
voted  the  President  to  be  guilty  of  an  impeach- 
jsble  offence — an  ollence,  for  the  trial  of  which 
!  (lis  Senate  is  the  appointed  tribunal — an  ofl'ence 
wnich  it  will  be  the  immediate  duty  of  the 
House  of  Kepresentatives  to  bring  before  the 
Seriate,  in  a  formal  impeachment,  unless  they 
disbelieve  in  the  truth  and  justice  of  the  reso- 
lution which  has  been  adopted. 

*'  Mr.  B.  said  there  were  three  characters  in 
which  tfte  Senate  could  act ;  and  every  time  it 
acted  it  necessarily  did  so  in  one  or  the  other  of 
t  hese  characters.  It  possessed  executive,  legis- 
lative, and  judicial  characters.  As  a  part  of  the 
executive,  it  acted  on  treaties  and  nominations 
to  office ;  as  a  part  of  the  legislative,  it  assisted 
in  making  laws ;  as  a  judicial  tribunal,  it  decided 
impeachments.  Now,  in  which  of  these  charac- 
ters did  the  Senate  act  when  it  adopted  the  re- 
solution in  question?  Not  in  its  executive 
character,  it  will  be  admitted ;  not  in  its  legisla- 
tive character,  it  will  be  proved :  for  the  reso- 
lution was,  in  its  nature,  wholly  foreign  to  legis- 
lation. It  was  directed,  not  to  the  formation  of 
a  law,  but  to  the  condemnation  of  the  President. 
It  was  to  condemn  him  for  dismissing  one  Sec- 
retary, because  he  would  not  do  a  thing,  and 
appointing  another  that  he  might  do  it;  and 
certainly  this  was  not  matter  for  legislation ;  for 


Mr.  Dnanc  cotild  not  bo  restored  by  law, «,, 
Mr.  Tancv  be  put  out  by  law.     It  wa-i  to  (v.^ 
vic't  the  President  of  violating  the  ronHfituti.r 
and  the  laws ;  and  surely  thene  infractions  i,, 
not  to  Ik?  amended  by  laws,  but  avengi<l  hy  t^, 
and  ptmishment.     The  von,-  raturc  of  rhe  f^.^'^ 
lution  proves  it  to  Ik;  foni;^n  to  a!)  I".-  -latinn. 
its  form  proves  the  ptjic  tiling •,  ibi-   -  i«  y, 
joint,  to  require  the  n.'-«ion  ' ''  \\w  Hou-.'of  R. 
resentatives,  and  thus  iij)ei<  '■•..'u  law:    K.p  i.^ 
followed  by  nn  instru'iion  lo  a  conmiittie 
report  a  bill  i.t  conform  ly  to  it      A  •     jci, 
■i ruction  con!'!  even  naw  be  adtied  *  ikiumt  ci, 
mit!   ig  an  ah.^nrdity  oi'  the  most  ridicuUu 
cl«un-ter.    Thdo  was  another  resolution,  w;ti, 
which  'his  must  noi.  Imj  confounded,  and Upoi  i 
which  !in  instnietion  to  a  committee  nii;rlit  hj,! 
been  bottomed;  it  w,'\8  thu  resolution  , '.n,u 
declared  tht-  ,  ^ocrcfaiy's  reasons  inv  rtumln' 
the  dciiOiits  !o  bo  in^iuiSlcient  anil  un  t.i  jficl 
tory ;  but  no  sud  Jn.-^^ructiot.  lias  '    -n  Kra  ::. 
ed  even  upor  rhat  resolution;  so  -'n..  itisi.ij 
dent  that  no  li';^is]ation  of  a?)}  kind  wae  int*n(hil 
to  follow  either  resolution,  even  that  to  which  I 
legislation  might  have  been  appropriate,  mwi 
less  that  to  which  it  would  have  Ikjcu  an  absurd- 1 
ity.    Four  months  have  elapsed  since  tiie  «< 
lutions  were  brought  in.    In  all  that  time,  tiicre  I 
has  been  no  attempt  to  found  a  legislative  aci  I 
upon  either  of  tbens ;  and  it  is  too  late  now  to  I 
assume  that  the  oic  which,  in  its  nature  audiil 
its  form,  is  wholly  foreign  to  legi.«lation.  is » I 
legislative  act,  and  a(Jopted  by  the  Senate  in  it;  I 
legislative  character.    No  !    This  resolution  is 
judicial ;  it  is  a  judgitiont  pronounced  upon  an 
imputed  offence ;  it  ir  the  declared  sense  of  1 1 
majority  of  the  Senate,  of  the  guilt  of  the  Pre;:- 1 
dent  of  a  high  crime  and  misdemeanor.   It  jj 
in  substance,  an  impeachment — an  impcachmtDt  | 
in  violation  of  all  the  forms  prescribed  by  tie  I 
constitution — in  violation  of  the  privileges  d  I 
the  House  of  Representatives — in  subversion  of  I 
the  rights  of  the  accused,  and  the  record  of  whicil 
ought  to  be  expunged  from  the  Journal  of  tlie| 
Senate. 

"  Mr.  B.  said  the  selection  of  a  tribnnal  I 
the  trial  of  impeachments  was  felt,  by  the  con-l 
vention  which  framed  the  constitution,  as  oral 
of  the  most  delicate  and  difficult  taskswhidl 
they  had  to  perform.  Those  great  men  wertl 
well  read  in  history,  both  ancient  and  rao<leni  [ 
and  knew  that  the  impeaching  power — the  usual  I 
mode  for  trying  political  men  for  political  of  i 
fences — was  often  an  engine  for  the  gratiflcatioal 
<)f  factious  and  ambitious  feelings.  An  impeacli-l 
ment  was  well  known  to  be  the  beaten  road  for  I 
running  down  a  hated  or  successful  politiciil 
rival.  After  great  deliberation — after  weighinjl 
all  the  tribunals,  even  that  of  the  SuprHMj 
Court — the  Senate  of  the  United  States  wail 
fixed  npon  as  the  body  which,  from  its  constiti'-l 
tiun,  would  be  the  most  uiipartial,  neutral,  acj.! 
equitable,  that  could  be  selected,  and,  with  m 
check  of  a  previous  inquisition,  and  prefect' I 
ment  of  charges  by  the  House  of  Representa'l 


ANNO  183*.     ANDREW  JACKSON.  rRF-SlDFNT. 


431 


restored  Jiy  law,  i,. 

1  1ft W.       It  WdX  tOOfiT. 

atiiif?  the  conffitutifl 
•  thene  infractions  ^^ 
s,  but  avciiKefl  hy  irj; 
r>-  r.aturo  of  -(lie  rc^^ 
i^n  to  all  I'r-latK.m 
c  tiling  J  (oi-   '  in  Ti' 
n  ''■  ihelfou  ,of  Rt 
Si'!  'li'd  la*;*';    icr  L-i 
on  1.0  a  ronmiitfie 
3'  to  i(      l\'  >  •  ich 
be  tukicc!  ^^kluiiitT.: 
'  the  most  ridicuk.n, 
lythor  resolution,  wHli  | 
confounded,  and  u[.ot 
J  ('ommittee  nii;:lit  ha-..  I 
the  resolntion  ,  '.k!,  j 

reasons  iov  r'  Didvin; 
i'icient  and  un^vi  i'ac- 1 
ictioD  lias  ^•'"■n  \fs\\- 
tion;  BO  •'<!...  H  isfi  j 
f  aji>  kind  waf  int<;n(inl 
ion,  even  that  to  which! 
been  appropriate,  much  | 
Id  have  Iwen  an  absurd- 
elapsed  since  the  ns- 

In  all  that  time,  there  I 
0  found  a  legislative  act  I 
id  it  is  too  late  now  to  I 
ich,  in  its  nature  aud  ia  I 
iipn  to  legislation,  is » | 
ted  by  the  Senate  in  iti 
fo  !  This  resolution  is  I 
jnt  pronounced  upon  an  I 
the  declared  sense  of » I 
of  the  guilt  of  the  Pros;- 
ind  misdemeanor.  It  is  I 
liment — an  impeachmmt  I 
forms  prescribed  by  ttel 
on  of  the  privileges  (f  I 
;atives — in  subversion  of  I 
I, and  the  record  of  which! 
from  the  Journal  of  tht  I 

lection  of  a  tribunal  fori 
nts  was  felt,  by  the  con- 1 

the  constitution,  as  omI 
md  difficult  tasks  whici;! 

Those  great  men  wen  I 
oth  ancient  and  modern.  I 
caching  power — the  usual  j 
ical  men  for  political  off 
ngine  for  the  gratification  j 
us  feelings.  An  impeach- 1 
to  be  the  beaten  road  foil 
d  or  successful  politioll 
iberation— after  weighinfl 
in  that  of  the  Suprtnu 
'  the  United  States  m\ 
'  which,  from  its  conitiii-l 
)st  nnpartial,  neutral,  i^\ 
)e  selected,  and,  with  tht  I 
inquisition,  and  piesecf'j 
be  House  of  Representa' 


I  ,f«,  would  l>e  the  safest  tribunal  to  which 
cmihl  'x'  C'lnfidi'd  u  |)Owor  so  great  in  itself,  and 
.0  su.'<<Tiitil)le  "f  beiiiir  abu.<ed.  The  Senate  was 
.(■Itrti  it ;  and  to  show  th.it  he  had  not  ovcr- 
■Mt«.''l  till'  dillii  ultienof  the  convention  in  making 
tiic  (^ili'ctiiin,  lie  woul'l  take  leave  to  read  a  pax- 
.ii-  from  a  work  whicii  was  canonical  on  this 
fuMcot,  and  frion  an  article  in  that  work  which 
»as  written  by  the  gentleman  whoso  authority 
wdiiM  Iwive  most  weight  on  this  occasion.  lie 
ftKike  "f  tl'"  federalist,  and  of  the  article  writ- 
n  by  General  Hamilton  on  the  impeaching 

i.y.ver: 

"  '••Awcll-<;onstitiited  court  for  the  trial  of  im- 
™?ach:nents  is  on  object  not  more  to  be  desired 
;ii,in  diflicult  to  be  obtained,  in  a  goveruiucnt 
ivholly  elective.  The  subjects  of  its  jurisdiction 
are  tliose  offences  which  proceed  from  the  mis- 
conduct of  public  men ;  or,  in  other  words,  from 
the  abuse  or  violation  of  some  public  tnist. 
Tliey  are  of  a  nature  which  may,  with  peculiar 
propriety,  be  denominated  political,  as  they  re- 
late chiefly  to  injuries  done  immediately  to  so- 
ciety itself.  The  prosecution  of  them,  for  this 
reason,  will  seldom  fail  to  agitate  the  passions 
of  the  whole  community,  and  to  divide  it  into 
parties  more  or  less  friendly  or  inimical  to  the 
iicciused.  In  many  cases,  it  will  connect  itself 
with  the  pre-existing  factions,  and  will  enlist  all 
their  animosities,  partialities,  influence,  and  in- 
terest, on  one  side  or  on  the  other ;  and,  in  such 
aise.<,  there  will  always  be  the  greatest  danger 
that  the  decision  will  be  regulated  more  by  the 
comparative  strength  of  parties,  than  by  the 
real  demonstrations  of  innocence  or  guilt.  The 
delicacy  and  magnitude  of  a  trust  which  so 
deeply  conci'rns  the  political  reputation  and  ex- 
istence of  every  man  engaged  in  the  adminis- 
tration of  public  affairs,  speak  for  themselves. 
The  difficulty  of  placing  it  rightly  in  a  govern- 
ment resting  entirely  on  the  basis  of  periodical 
jclections,  will  as  readily  be  perceive(^  when  it 
[is  considered  that  the  most  conspicuous  charac- 
ers  in  it  will,  from  tliat  circumstance,  be  too 
[often  the  leaders  or  the  tools  of  the  most  cun- 
ing  or  the  most  niimerous  faction ;  and,  on  this 
Mount,  can  hardly  be  expected  to  possess  the 
■cquisito  neutrality  towards  those  whose  con- 
uct  may  be  the  subject  of  scrutiny. 
"  'The  division  of  the  powers  of  impeachment 
ictween  the  two  branches  of  the  legislature,  as- 
iigning  to  one  the  right  of  accusing,  to  the  other 
he  right  of  trying,  avoids  the  inconvenience  of 
aking  the  same  persons  both  accusers  and 
udges  J  and  guards  against  the  danger  of  per- 
ution  from  the  prevalency  of  a  factious  spirit 
either  of  those  branches.' 
'"Mr.  B.  said  there  was  much  matter  for  elu- 
lidation  of  the  present  object  of  discussion  in 
lie  extract  which  he  had  read.  Its  definition 
if  an  impeachable  offence  covered  the  indentical 
"arge  which  was  contained  in  the  resolution 
lopied  by  the  Senate  against  the  President. 
lie  offence  charged  upon  him  possessed  every 
ture  of  the  impeachment  defined  by  General 


Ilaniiltim.  It  imputes  nii^'undui-t.  to  a  public 
man,  for  the  abuse  and  Niniatidii  of  a  public 
trust.  The  db«Mis>-iiin  of  tlie<'h:ir^'f  has  agitated 
the  pitssions  of  the  whole  romiiiutiiiy  ;  it  lia.s 
divi(U'<l  the  people  into  parties,  .some  fricnilly, 
some  inimical,  to  the  accu,>e'', ;  it  has  i-.mnecied 
itself  with  the  pre-existing  purfit's.  inli.-ting  the 
whole  of  the  opposition  iiarties  tindir  one  ban- 
ner, and  calling  forth  all  their  aiiiuio.-ities — all 
their  partialities — all  their  inthunii — all  their 
interest;  and,  what  was  not  foresein  by  (iine- 
ral  Hamilton,  it  has  called  forth  the  tremendous 
moneyed  jiower,  and  the  penadiug  orjranization 
of  a  great  moneyed  power,  wieldinj:  a  nutss  of 
forty  millions  of  money,  and  sixty  millions  of 
debt ;  wielding  the  whole  in  aid  and  support  ot 
this  charge  upon  the  President,  and  working 
the  double  battery  of  seduction,  on  one  hand, 
and  oppression  on  the  other,  to  put  down  the 
man  against  whom  it  is  directed  !  This  is  what 
General  Hamilton  did  not  foresee ;  but  the  next 
feature  in  the  picture  he  did  foresee,  and  most 
accurately  describe,  as  it  is  now  seen  by  us  all. 
He  said  that  the  decision  of  the.se  impeachments 
would  ofter  be  regulated  more  by  the  compara- 
tive strength  of  parties  than  by  the  guilt  or  in- 
nocence of  the  accused.  How  projihetic !  Look 
to  the  memorials,  resolutions,  and  jietitions,  sent 
in  here  to  criminate  the  President,  so  clearly 
marked  by  a  party  line,  that  when  an  exception 
occurs,  it  is  made  the  special  suliject  of  public 
remark.  Look  at  the  vote  in  the  Senate,  upon 
the  adoption  of  the  resolution,  also  as  clearly 
defined  by  a  party  line  as  any  party  question 
can  ever  be  expected  to  bo. 

"  To  guard  the  most  conspicuous  characters 
from  being  persecuted — Mr.  B.  said  he  was 
using  the  language  of  General  Hamilton — to 
guard  the  most  conspicuous  characters  from 
being  persecuted  by  the  leaders  or  the  tools  of 
the  most  cunning  or  the  most  numerous  faction 
— the  convention  had  placed  the  power  of  try- 
ing impeachments,  not  in  the  Supreme  Court, 
not  even  in  a  body  of  select  judges  chosen  for 
the  occasion,  but  in  the  Senate  of  the  United 
States,  and  not  even  in  them  without  an  inter- 
vening check  to  the  abuse  of  that  power,  by 
associating  the  House  of  Representatives,  and 
forbidding  the  Senate  to  proceed  against  any 
officer  until  that  grand  inquest  of  the  nation 
should  demand  his  trial.  How  far  fortunate, 
or  otherwise,  the  convention  may  have  been  in 
the  selection  of  its  tribunal  for  the  trial  of  im- 
peachments, it  was  not  for  him,  Mr.  B.,  to  say. 
It  was  not  for  him  to  say  how  far  the  requisite 
neutrality  towards  those  whose  conduct  may 
be  under  scrutiny,  may  be  found,  or  has  been 
found,  in  this  body.  But  he  must  take  leave  to 
Bay,  that  if  a  public  man  may  be  virtually  im- 
peached— actually  condemned  by  the  Senate  of 
an  impeachable  offence,  without  the  intervention 
of  the  House  of  Renresentatives.  then  has  the 
constitution  failed  at  one  of  its  most  vital  points 
and  a  ready  means  found  for  doing  a  thing 
which  had  tilled  other  countries  with  pensccu 


/,;• 


'i     i 


432 


THIK'n*  YKAIIS*  VIEW. 


A'^^ 


tion,  faction,  and  violence,  and  which  it  was 
inl  'nfifl  shoiiM  ncvt-r  Im*  clone  hero. 

"Mr.  11.  Ciillcil  upon  tlitt  .Senate  to  rcrollcct 
wlmt  WHS  the  feature  in  the  fninoufl  court  of 
tlie  Star  {'iianilRT.  which  rendered  that  court 
tliu  nioHt  odiouH  that  ever  aat  in  Enfcland.  It 
waH  not  the  nia»8  of  ue  enormities — preat  as 
tiiey  were — for  the  regular  tribunals  wliicii  jet 
existed,  exceeded  that  court,  both  in  the  mass 
and  in  the  atrocity  of  their  crimes  and  oppres- 
sions. '1  he  ri'pulur  courts  in  the  compass  of  a 
single  reipi — that  of  James  the  Second  ;  a  sin- 
gle .judge,  in  a  single  riding — JefTries,  on  the 
Western  Civcuit — surpassed  all  the  enormities 
of  the  Star  Chamber,  in  the  whole  course  of  its 
existence.  AV  hat  then  rendered  that  court  so 
intolerably  odious  to  the  English  people  ?  Sir, 
said  M"r.  H.,  it  was  because  that  court  had  no 
grand  jury — because  it  proceeded  without  pre- 
sentment, witiiout  indictment — upon  informa- 
tion alone — and  thus  got  at  its  victims  without 
the  intervention,  without  the  restraint,  of  an 
accusing  body.  This  is  the  feature  which  sunk 
the  Star  Chamber  in  England.  It  is  the  feature 
which  no  criminal  tribunal  in  this  America  is 
allowed  to  possess.  The  most  inconsiderable 
offender,  in  any  State  of  the  Union,  must  be 
chai-ged  by  a  grand  jury  before  he  can  be  tried 
by  the  court.  In  this  Senate,  sitting  as  a  high 
court  of  impeachment,  a  charge  must  first  be 
presented  by  the  House  of  Representatives, 
sitting  as  the  grand  inquest  of  the  nation.  But 
if  the  Senate  can  proceed,  without  the  inter- 
vention of  this  grand  inquest,  wherein  is  it  to 
ditfcr  from  the  Star  Chamber,  except  in  the 
mere  execution  of  its  decrees  ?  And  what 
other  execution  is  now  required  for  delinquent 
public  men,  than  the  force  of  public  opinion  ? 
No  !  said  Mr.  B.,  we  live  in  an  age  when  public 
opinion  over  public  men,  is  omnipotent  and  ir- 
reversible ! — when  public  sentiment  annihilates 
a  public  man  more  effectually  than  the  scuffbld. 
To  this  new  and  omnipotent  tribunal,  all  the 

tublic  men  of  Europe  and  America  are  now 
appily  subject.     The  fiat  of  public  opinion  has 
superseded  the  axe  of  the  executioner.    Struck 
by  that  opinion,  kings  and  emperors  in  Europe, 
and  the  highest  functionaries  among  ourselves, 
fall  powerless  from  the  political  stage,  and  wan- 
der, while  their  bodies  live,  as  shadows  and 
^phantoms  over  the  land.    Should  he  give  ex- 
lir  amples  ?    It  might  be  invidious ;  yet  all  would 
^.>''  recollect  an  eminent  example  of  a  citizen,  once 
■^'    sitting  at  the  head  of  this  SenatepafEerwdrds 
falling  under  a  judicial  prosecution,  from  which 
he  escaped  untoucGed  by  the  sword  of  the  law, 
yet  that  eminent  citizen  was  more  utterly  an- 
nihilated by  public  opinion,  than  any  execution 
of  a  capital  sentence  could  ever  have  accom- 
plished upon  his.name. 

"  What  occasion  then  has  the  Senate,  sitting 
as  a  court  of  impeachment,  for  the  power  of 
execution  1  The  only  effect  of  a  regular  im- 
peachment now,  is  to  remove  from  office,  and 
disqualification  for  office.   An  irr^ular  impeach- 


ment will  be  tantamount  to  removtl  and  i!,t. 
qualification,  if  the  juctice  of  the  M;iit(nc«  :< 
confided  in  by  the  people.  If  this  condemnatii  ^ 
of  the  President  liad  liecn  pronounced  in  t!, 
lirMt  term  of  his  administration,  and  the  p«('r,|. 
had  Ijclieved  in  the  truth  and  justice  of  the  tfr\- 
tence,  certainly  President  Jackson  would  n.; 
have  bi>en  elected  a  second  time;  and  cvtrr 
<j1)ject  that  a  political  rival,  or  a  political  part' 
could  have  wisheil  from  his  removal  from  ijfli(, 
and  disqualification  for  oflloo,  would  have  Ik*;: 
accomplished.  Di.iqualitlcation  for  oflice— !«■. 
of  public  favor — political  death — is  now  thi 
object  of  political  rivalthip;  and  all  this  can  U 
accomplished  by  an  inf>  rmal,  an  well  as  by  j 
formal  impeachment,  if  the  sentenoo  is  only  con- 
fided in  by  the  people.  If  the  people  IclicvH 
that  the  President  has  violated  the  conKtitution 
and  the  laws,  he  ceases  to  be  the  object  of  their  I 
respect  and  their  confidence ;  ho  loses  tluir 
favor;  ho  dies  a  political  death  ;  and  th.it  this 
might  be  the  object  of  tlie  resolution,  Mr.  B. 
would  leave  to  the  determination  of  thoso  vhi 
should  read  the  speeches  which  wore  delivcrcl 
in  support  of  the  measure,  and  which  wotilj 
constitute  a  public  and  lasting  monument  of 
the  temper  in  which  the  resolution  was  pre- 
sentcd,  and  the  object  intended  to  be  acarn- 1 
plishea  by  it. 

"  It  was  in  vain  to  say  there  could  be  no  i 
object,  at  this  time,  in  annihilating  the  polltinl 
influence  of  President  Jackson,  and  killing  hin  I 
off  as  a  public  man,  with  a  senatorial  conviction  I 
for  violating  the  laws  and  constitution  of  the  I 
country.  Such  an  assertion,  if  ventured  upon  I 
by  any  one,  would  stand  contradicted  by  facts. 
of  which  Europe  and  America  are  witness  \ ' 
Docs  he  not  stand  between  the  country  and  tie  | 
bank  ?  Is  he  not  proclaimed  the  sole  obstacle 
to  the  recharter  of  the  bank ;  and  in  its  recharKi  I 
is  there  not  wrapped  up  the  destinies  ol'  a  poli- 1 
tical  party,  now  panting  for  power  ?  RemoTt  i 
this  sole  obstacle — annili.lutc  its  influence— kill  I 
ofi'  President  Jackson  with  a  sentence  of  cod- I 
dcmnation  for  a  high  crime  and  misdemciiiior.| 
and  the  charter  of  the  bank  will  be  renewed,  and  I 
in  its  renewal,  a  political  party,  now  thunderii;! 
at  the  gates  of  the  capitol,  will  leap  into  powixl 
Hero  then  is  an  object  for  desiring  theextinctinl 
of  the  political  influence  of  President  Jacksonll 
An  object  large  enough  to  be  seen  by  all  Ameri-I 
ca  !  and  attractive  enough  to  enlist  the  combiiwdl 
interest  of  a  great  moneyed  power,  and  of  agreit| 
political  party." 

Thus  spoke  Mr.  Benton ;  but  the  debate  oi| 
the  protest  went  on ;  and  the  motion  of  JlrJ 
Poindexter,  digested  into  four  diflcreat  pro]*! 
sitions,  after  undergoing  repeated  modificatiouj 
upon  consultations  among  its  friends,  and  altel 
much  acrimony  on  both  sides,  was  adopted  hi 
the  fixed  majority  of  twenty-seven.  In  Totiiij| 
that  the  orotest  was  a  breach  of  the  privilc 


AXNO  18S4.     ANDREW  JACKft«)N*.  IllIMDEXT. 


433 


to  retnoT'il  knd  (U 
•e  of  thp  M!nt('iK»  y 

If  tl»i«  coiuUiiinni. n 
en  jironounceU  in  tit- 
ration, and  till'  pcdj,! 
anil  justice  of  the  un- 
t  Jackson  would  t,/. 
ond  time,  and  evirr 
111,  or  a  political  fian' 
lis  removal  from  ullid 
ifllco,  would  have  lict  v 
Ication  for  ofllce— lo^- 
Hi  death— is  now  tU 
ip ;  and  all  this  can  U 
rmal,  as  well  as  by  j 
ic  Bcntcnco  ia  onlyenn- 

If  the  people  bclicve.1 
iolatcd  tlio  constitution 
:o  bo  the  object  of  their 
Idence  ;  ho  loses  tliiir  I 
d  death  ;  and  that  this 
'  tlie  resolution,  Jlr.  B. 
rmination  of  those  vh) 
;8  which  were  deliveH 
!uro,  and  which  would 
I  lasting  monument  o( 
;he  resolution  was  frt- 

iutcnded  to  be  acajiii-| 

say  there  could  be  no  I 
annihilating  the  political 
Jackson,  and  killing  hia 
h  a  senatorial  conviction  | 
and  constitution  oftb 
ertion,  if  ventured  upon 
id  contradicted  hy  facts, 
America  are  witncsi  s 
veen  the  country  andtht 
laimed  the  sole  obstacle 
jank ;  and  in  its  recharlcr 
p  the  destinies  of  a  poll- 1 
ig  for  power?    Rcmo« 
i'.j.latc  its  influence— kl 
with  a  sentence  of  COB- 
crime  andmisdemcaaotl 
jankwill  be  renewed,  and 
eal  party,  now  thunderiajl 
itol,  will  leap  into  powl 
for  desiring  theextincticil 
ce  of  President  Jadisonl 
Ix  to  be  seen  by  all  Amervl 
jgh  to  enlist  the  combidl 
yed  power,  and  of  agtotl 


■nton }  but  the  debate  oi| 
and  the  motion  of  Mi,( 
into  four  diflcreat  propi>| 
ng  repeated  modificati(«j 
long  its  friends,  and  aftal 
,th  sides,  was  adopted  t"! 
twenty-seven.  In  TOtin| 
a  breach  of  the  privile 


tftbo  Sen«t«,  that  body  virtually  affirmed  the 
impeachineut  character  of  the  condemnatory 
rc«otntions,  and  involved  itself  in  tlio  pnxlica- 
ment  of  voting  an  iuipcacltabie  matter  without  [ 
(^Merring  a  single  rule  for  the  conduct  of  im-  j 
mtchments.    The  protest  platxHl  it  in  a  dilemma. 
it  averred  the  Senate's  judgment  to  bo  without  | 
authority — without  any  warrant  in  the  consti- ; 
tutioD— any  right  in  the  boily  to  pronounce  it  | 
To  receive  that  protest,  and  enter  it  on  the  | 
juumal,  was  to  record  a  strong  evidence  against 
themselves;  to  reject  it  as  a  breach  of  pri- 
vilege was  to  claim  for  their   proceeding  the 
immunity  of  a  regular  and  constitutional  act ; 
lod  as  the  proceeding  was  on  criminal  matter, 
amounting  to  a  high  crime  am  I  misdemeanor, 
on  which  matter  the  Senate  could  only  act  in 
\ti  judicial  capacity  ;  therefore  it  had  to  claim 
the  immunity  that  would  b(  ong  to  it  in  that 
I  capacity ;  and  assume  a  violation  of  privilege. 
I  Certainly  if  the  Senate  had  tried  an  impcach- 
Imcnt  in  due  form,  the  protest,  impeaching  its 
Ltistioe,  might  have  been  a  breach  of  privilege ; 
[but  the  Senate  had  no  privilege  to  vote  an  im- 
Ipcachable  matter  without  a  regular  impeach- 
IpKut ;  and  therefore  it  was  no  breach  of  privilege 
■to  impugn  the  act  which  they  had  no  privilege 
?  commit.  .      . 


CHAPTER    CIV. 

MB.  WEBSTEB'S  FLAN  OF  BEUEF. 

|t  has  already  been  seen  that  Mr.  Webster  took 
>  direct  part  in  promoting  the  adoption  of  the 
olutions  agamst  General  Jackson.  He  had 
)  private  grief  to  incite  him  against  the  Presi- 
|eDt;  and,  as  first  drawn  up,  it  would  have 
t  unpossible  tar  him,  honored  with  the  titles 
["expounder  and  defender  of  the  constitu* 
Ion,"  to  have  supported  the  resolve :  bearing 
nly  on  its  face  impeachable  matter.  After 
1  modifications,  he  voted  for  it ;  but,  from 
beginning,  he  had  bis  own  plan  in  view, 
lich  was  entirely  different  from  an  attack  on 
!  President ;  and  solely  looked  to  the  advan- 
i  of  the  bank,  and  the  relief  of  the  distress, 
I  a  practical  and  parliamentary  mode  of  legis- 
]ion.  He  looked  to  a  renewal  of  the  bank 
er  for  a  short  term,  and  with  such  modifi- 

VoL.  I.— 28 


cations  %n  would  tend  to  disarm  opfiovition,  and 
to  conciliate  favor  for  il.  Tlio  t»nn  of  the  re- 
newal was  only  to  Ix-  for  ■•ix  years  :  a  lentil  <■( 
time  well  choH-n  ;  b<caus»'.  from  the  sliortius^ 
of  the  perioil,  it  would  have  an  attraction  fur  all 
that  doss  of  nicmlwrs — always  nioie  or  l«>s 
numerouH  in  every  assi-nibly — who.  in  every  dif- 
ficulty, are  disposed  to  tem|)Orize  and  compro- 
mise; while  •  the  bank,  in  carrying  its  exi-t- 
encc  biyontl  the  presidential  term  of  (lincral 
Jackson,  it  felt  secure  in  the  future  acquisition 
of  a  full  term.  Betiides  the  attraction  in  the 
short  period,  Mr.  Webster  proposed  another 
amelioration,  calculated  to  have  serious  elVect ; 
it  was  to  give  up  the  exclusive  or  monopoly 
feature  in  the  charter — leaving  to  Congress  to 
grant  any  other  charter,  in  the  mean  time,  to  a 
now  company,  if  it  pleased.  The  objectionable 
branch  bank  currency  of  petty  drafts  was  also 
given  up.  Besides  this,  and  as  an  understand- 
ing that  the  corporation  would  not  attempt  to 
obtain  a  further  existence  beyond  the  six  years, 
the  directors  were  to  bo  at  liberty  to  begin 
to  return  the  capital  to  the  stockholders  at 
any  time  within  the  period  of  three  years,  be- 
fore the  expiration  of  the  six  renewed  years 
The  deposits  were  not  to  be  restored  until  aftei 
the  first  day  of  July  ;  and,  as  an  agreeable  con- 
cession to  the  enemies  of  small  paper  currency 
the  bank  was  to  issue,  or  use,  no  note  under  the 
amount  of  twenty  dollars.  He  had  drawn  up  n 
bill  with  these  provisions,  and  asked  leave  to 
bring  it  in ;  and,  asking  the  leave,  made  a  vcy 
plausible  business  speech  in  its  fuvor:  the  best 
perhaps  that  could  have  been  devised.  In  addi- 
tion to  hia  own  weight,  and  the  recommenda- 
tions in  the  bill,  it  was  understood  to  be  the 
preference  of  Mr.  Biddle  himself — his  own  choice 
of  remedies  in  the  difllculties  which  surrounded 
his  institution.  But  ho  met  opposition  from 
quarters  not  to  be  expected:  from  Mr.  Clay,  who 
went  for  the  full  term  of  twenty  years ;  and 
Mr.  Calhoun,  who  went  for  twelve.  It  was  dif- 
ficult to  comprehend  why  these  two  gentlemen 
should  wish  to  procure  for  the  bank  more  than 
it  asked,  and  which  it  was  manifestly  impossible 
for  it  to  gain.  Mr.  Webster's  bill  was  the  only 
one  that  stood  the  least  chance  of  getting 
through  the  two  Houses ;  and  on  that  point  he 
had  private  assurances  of  support  from  friends 
of  the  administration,  if  all  the  friends  of  the 
bank  stood  firm     In  favoring  this  charter  for 


434 


THIRTY  YEAHS'  VIKW 


twelve  years,  Mr.  Cnlhrviin  folt  th»t  »n  rxpluiv 
'.ion  of  \i\H  c(>n<liict  wiks  dw.  to  the  ptililir,  a.H  ho 
was  well  known  to  Imvo  been  opimimmI  to  tho 
rcnowi''!  <')iftrti'r,  wlii'n  so  v<  licmently  atti'nijit- 
eil,  in  lh.'{2  ;  and  ntlso  Ajniiiist  hnnks  pnorally. 
IIU  explanation  wii-,  that  lio  con^iclvrtd  it  a 
currency  qiK'stion,  and  a  (jiiestion  U-twicn  the 
national  and  local  hanks ;  and  that  the  nnewed 
charter  was  to  ojiorate  against  them ;  and,  in 
windinp;  itself  up,  was  to  cease  for  ever,  having 
llrst  eHtaldiKhed  a  t^afe  currenc}'.  His  frequent 
expression  was,  that  his  plan  was  to  "  unbank 
the  banks : "  a  process  not  very  intelligibly  cx- 
|)lained  at  the  time,  and  on  which  he  should  be 
allowed  to  speak  for  himself.  Some  passages 
are,  therefore,  given  from  his  speech : 

"  After  a  full  survey  of  the  whole  subject,  I 
can  see  no  meani<  of  extricating  tho  country 
from  its  present  danger,  and  to  arrest  its  fur- 
ther increase,  but  a  Iwiuk,  the  agency  of  which, 
in  some  form,  or  under  some  authority,  is  indis- 
pensable. The  country  has  been  brought  into 
tho  present  diseased  st.te  of  the  currency  by 
banks,  and  must  be  extricated  by  their  agency. 
We  must,  in  a  woird,  use  a  bank  to  unbank  the 
banks,  to  tho  extent  that  miyr  bo  necessary  to 
restore  a  safe  and  stable  currency— just  as  wo 
apply  snow  to  a  frozen  limb,  in  order  to  restore 
vitality  and  circulation,  or  hold  up  a  bum  to 
the  ilamo  to  extract  the  inflammation.  All  must 
see  that  it  is  impossible  to  suppress  the  bank- 
ing system  at  once.  It  must  continue  for  a  time. 
Its  greatest  enemies,  and  the  advocates  of  an 
exclusive  specie  circulation,  must  make  it  a  part 
of  their  system  to  tolerate  the  banks  for  a  longer 
)r  a  shorter  period.  To  suppress  them  at  once, 
would,  if  it  were  possible,  work  a  greater  revolu- 
tion :  a  greater  change  in  the  relative  condition 
of  the  various  classes  of  the  community  than 
would  the  conquest  of  tho  country  by  a  savage 
enemy.  What,  then,  must  be  done  1  I  answer, 
a  new  and  safe  system  must  gradually  grow  up 
under,  and  replace,  the  old ;  imitating,  In  this 
respect,  the  beautiful  process  which  we  somo- 
timcs  see,  of  a  wounded  or  diseased  part  in  a 
living  organic  body,  gradually  superseded  by  the 
nealing  process  of  nature. 

"  How  is  this  to  be  effected  ?  How  is  a  bank 
to  be  used  as  the  means  of  correcting  the  excess 
of  tho  banking  system  ?  And  what  bank  is  to' 
be  selected  as  the  agent  to  effect  this  ilutary 
change  1  I  know,  said  Mr.  C,  that  a  diversity 
of  opinion  will  be  found  to  exist,  as  to  tho  agent 
to  be  selected,  among  those  who  agree  on  every 
other  point,  and  who,  in  particular,  agree  on  the 
nccessit}'>of  using  some  bank  as  the  means  of 
effecting  the  object  intended  ;  one  preferring  a 
simple  rocharter  of  the  existing  bank — another, 
the  charter  of  a  new  bank  of  the  United  States 
— a  third,  a  new  bank  ingrafted  upon  tho  old — 


and  a  fourth,  the  uxc  nf  the  State  bnnlis.  w  thi 
agent.     I  wish,  said  Mr.  C,  to  leave  all  th<-)i(|. 
open  questions,  to  bo  ranTully  surviyid  «ni 
compan-d  with  each  oth<r,  calmly  ami  tii-j*.. 
sionately,  without  pnjiiilit  <•  or  party  fnlinic ;  iivi 
that  to  l>c  hclerti'd  which,  on  tin' whole,  hluij 
appear  to  be   l>cst — the  most  (safe ;   tlic  tJiit 
cflicicnt ;  the  most  prompt  in  app!i<'aiion,  an>{ 
the  least  liable  to  con>titutional  ol))e<ii(,n,    !• 
wrtuld,  liowevcr,  Ix'  wanting  in  candf)r  on  nir 
part,  not  to  declare  that  my  impn'H>iion  is,  tlu'i 
a  new  liankof  the  United  States,  ingraftid  u|r,|j 
tho  olJ,  will  be  found,  under  all  the  eiiriitn- 
stances  of  the  cu,'e,  to  combine  tho  greatest «(]. 
vantap's,  and  to  be  liable  to  the  fuwt.st  olijtr. 
tions ;  but  this  impression  is  not  so  finiily  Iuh; 
as  to  be  inconsistent  with  a  calm  review  of  i|, 
whole  ground,  or  to  prevent  my  yieldin;;  In  iln 
conviction  of  reason,  should  the  residt  of  sirt 
review   prove    that    any  other   is   prclmlili. 
Among  its  peculiar  recommendations,  may  l«  | 
ranked  tho  consideration,  that,  while  it  wuiii 
afford  the  means  of  a  prompt  and  efTectiial  »\r  I 
plication  for  mitigating  and  finally  removinc  tli»  | 
existing  distress,  it  would,  at  the  same  liiw 
open  to  the  whole  community  a  fair  opporin- 1 
nity  of  participation  in  tho  aidvantagcs  of  t!i«  I 
institution,  be  they  what  they  may. 

"Let  us  then  suppose  (in  order  to  illiiMnnu 
and  not  to  indicate  a  perference)  that  tli'i  pn- 
sent  bank  be  selected  as  the  agent  to  etrvot  tbtl 
intended  object.  What  provisions  will  u\ 
necessary?  I  will  suggest  those  that  liaTeo'[ 
curred  to  me,  mainly,  however,  with  a  view  if  | 
exciting  the  reflection  of  those  much  ranrc  f 
miliar  with  banking  operations  than  mysrlf,an:| 
who,  of  course,  are  more  competent  to  fiiniii| 
correct  judgment  on  their  practical  eflect. 

"Let,  then,  tho  bank  charter  be  renewed fof I 
twelve  years  after  the  expiration  of  the  prcMitl 
term,  with  such  modifications  and  limitation.'ul 
may  be  judged  proper,  and  that  after  that  [HriMl| 
it  shall  issue  no  notes  under  ten  dollars;  tbil 
government  shall  not  receive  in  its  duisMjl 
sum  less  than  ten  dollars,  except  in  the  lejill 
coins  of  the  United  States ;  that  it  shall  noil 
receive  in  its  dues  the  notes  of  any  banktkl 
issues  notes  of  a  denomination  less  than  Hill 
dollars;  and  that  the  United  States  Baitl 
shall  not  receive  in  payment,  or  on  deposit  tkl 
notes  of  any  bank  whose  notes  are  not  mwl 
able  in  dues  of  the  government ;  nor  the  nitnl 
of  any  bank  which  may  receive  the  notes  of  jdI 
bank  whose  notes  are  not  receivable  by  I  he  pi 
emment.  At  the  expiration  of  six  years  from  lil 
commencement  of  the  renewed  charter,  let  tlup 
bank  be  prohibited  from  issuing  any  note  i 
der  twenty  dollars,  and  let  no  sum  under  tU| 
amount  be  received  in  the  dues  of  the  p  ns 
ment.  'xcept  in  specie ;  and  let  the  valm 
gold  CK  aised  at  least  equal  to  that  of  siltfd 
to  take  eflect  immediately,  so  that  the  couni!!^ 
may  l)e  replenished  with  the  coin,  the  lightej 
and  the  most  portable  in  proportion  to  \ti\M 
to  take  the  place  of  the  receding  bank  m 


ANXO  mu.     ANDRKW  JArKSOS,  TRFMUKNT 


433 


npt  in  o|i|)!i'"ntion,  a^i 
itutional  olijoction,    I: 
itin«  in  cundor  on  my 
my  imprt'siion  is.  that 
il  States,  inpraftid  u]fin 
muU'r  ull  tlio  circiiin. 
oniliine  the  prcotcst  »(!• 
lile  to  the  fcwisl  ohjcr. 
on  ih  not  no  liniily  tm  i 
ith  a  cahn  rt-viuw  of  il. 
(vent  my  yielding  tn  tin 
I  mild  the  resnlt  of  such 
(ly   other   is   iircforablt 
commendntions.  may  U 
on,  that,  while  it  woiill 
(fompt  and  eflcctual  t\r 
and  tinally  rcniovini:  tl* 
ould,  at  the  same  tiiw 
rnmunity  a  fair  opportii- 1 
n  the  aiuvantages  of  i!*  [ 
lat  they  may. 
iBG  (in  order  to  illustml 
perference)  that  tli-;  pn> 
as  the  agent  to  etfi  t  tk( 
rhat    provisions  wll  1< 
ipgest  those  that  haf e  (/■ 
however,  with  a  vit'w  i( 
of  those  much  innrcf 
perations  than  myself, aa:  I 
lore  competent  to  funnil 
;heir  practical  eflect. 
ik  charter  be  renewed  (« 
5  expiration  of  tlit'  prcMl 
fications  and  limitation! u I 
,  and  that  after  that  peri-ll 
es  under  ten  dollars ;  tUl 
it  receive  in  its  duesanti 
jllars,  except  in  the  le?ill 
States }  that  it  ehall  ii(< I 
ho  noteaof  any  bank  tkl 
nomination  less  than  fol 
the  United  States  Wj 
payment,  or  on  deposit,  tkfj 
'hose  notes  Bren<itrOT>l 
jovemment ;  nor  tlie  wm 
nay  receive  the  notes  oiml 
•e  not  receivable  by  t  lie  fj-l 
iration  of  six  years  from  iM 
he  renewed  charter,  let  tr 
from  issuing  any  note  «> 
and  let  no  sum  under  tli 
in  the  dues  of  the  pmn 
ecie;  and  let  the  TaW 
ist  equal  to  that  of  sil'^l 
diately,  so  that  the  coiBtiJ 
I  with  the  coin,  the  ligtitaP 
ble  in  proportion  to  iuwii^ 
f  the  receding  bank  not* 


It  IS  unnnrcB^ary  fxr  roe  to  it»tr,  that  ■!  piv- 
K„(,  tliir  RliindanI  v»lur  of  ^i|i|  ih  Mvcral  |N<r 
,,tit.  liKK  than  thai  of  BilTtr.  tin-  nofx-pnary  cf- 
f.<l  of  which  hajt  U-en  tn  t'XjH-l  piM  ontirely 
frin  our  circulation,  an<i  thuH  to  ilcprive  »n  of 
lemn  «•*  well  cnlculited  for  the  circulati'in  of 
I  country  no  ^n^at  in  extent,  ond  having  so  vaitt 
»a  intercournc,  comnuTcial,  s<KMal,  ami  iiolitical, 
Ut<re«n  all  itn  parts,  as  ours.  Ah  itn  addition- 
ti  reroiiunendatinn  to  rai.M!  its  relative  vuliie, 
jilij  has,  of  I'l''.  I"  '  'line  an  important  product 
cfthrc*'  considerable  States  of  the  I'nion  Vir- 
ciiiia,  North  Carolina,  and  (leorgia — to  the  in- 
iliintry  of  which,  the  measure  proposed  would 
.,n'  a  Btronp  inipuUo,  and  which  in  turn  would 
['rcatly  incnaHe  the  quantity  produced. 

".Siicli  are  the  me.iiiK  which  have  occurred  to 
me.    'flicre  are  meml'crs  of  this  body  far  more 
I  dimpctent  to  judjre  of  their  practical  oinration 
tlun  mvBelf,  and  as  my  object  is  simply  to  sug- 
ire*t  them  for  their  reflection,  and  for  that  of 
\iithen  who  arc  more  familiar  with  this  part  of 
the  (Hiltject,  I  will  not  at  present  enter  into  an 
inquiry  as  to  their  efficiency,  with  a  view  of 
(litenuininR  whether  they  are  fully  adequate 
Itn  ert'cet  the  object  in  view  or  not.     There  arc 
iloubtlcsa  others  of  a  similar  description,  and 
|pi'rhap.s  more  efficacious,  that  may  occur  to  the 
Lxpericnccd,  which  I  would  freely  embrace,  as 
Imy  <il)ject  is  to  adopt  tho  bcHt  and  most  etll- 
Iciiut.    And  it  mny  bo  honed  that,  if  on  exi)c- 
Irience  it  should  be  found  that  neither  these  pro- 
iTioions  nor  any  other  in  the  p)\ver  of  Congrest', 
|ajv  fully  adequate  to  effect  the  important  re- 
form which  I  have  pro|io9cd,  tho  co-operation 
ii  tl>c  States  may  be  afforded,  at  least  to  the 
Jf.xtent  of  suppressing  the  circulation  of  notes 
[ituliT  five  dollars,  where  such  are  permitted  to 
I  issued  under  their  authority." 

The  ultimate  object  proposed  to  be  accom- 
blishcd  by  Mr.  Calhoun  in  this  process  of  "un- 
kanking  the  banks,"  was  to  arrive  eventually 
111  by  slow  degrees,  at  a  metallic  currency,  and 
he  revival  of  gold.  This  had  been  my  object, 
nd  so  declared  in  the  Senate,  from  the  time  of 
he  first  opposition  to  the  United  States  jiank. 
Ec  had  talked  his  plan  over  to  myself  and  others : 
l^e  had  talked  over  ours  to  him.  There  was  a 
Dint  at  which  we  all  agreed — the  restoration  <rfa 
^ttallic  currency ;  but  differed  about  the  means 
-ho  expecting  to  attain  it  slowly  and  eventu- 
|ly,  through  the  process  which  he  mentioned ; 

:  we  immediately,  through  the  revival  of  tho 
[lid  currency,  the  extinction  of  the  Bank  of  the 
aited  States,  the  establishment  of  an  indepen- 
Int  treasury,  and  the  exclusion  of  all  paper 
oney  from  the  fedt  t  al  receipts  and  payments. 
lying  hold  of  the  point  on  which  we  agreed, 
nd  which  was  also  the  known  policy  of  the 


r  irnl),  Mr.  Calhoun  npitnhd  to  .Mr.  .SUm 
Wriu'ht  and  myKclfimd  "|(m  r  fru  nd»  of  tli<'  ml* 
miniHtrntii'U,  to  nupport  hi-t  |  luii.     lie  hkhI: 

"  [f  I  iiiMhrxtand  their  view*,  an  i-xpri'»f«'«l 
by  the  oenator  fntii  .Mi»n"PiMi.  Uhind  ii.o  (.Mr. 
Ilt'iiti'i)) — the  ^«•natllr  from  Ntw-^url;  (.Mr. 
Wright);  an<l  otlier  ilistin^'uiHlit-d  mcniUri*  nf 
the  jmrty,  and  the  views  of  the  IVcHidcnt.  u* 
expreBHi'ii  in  rep"!  id  c(invcrsati"ii!<.  I  etc  nut 
how  they  can  reject  the  men  iire  {ta  uit:  bin 
plan).  They  profcs.i  to  Ut  iht-  ailvocateH  of  u 
metallic  currency.  I  projHine  to  restore  it  by 
the  most  etl'ectu.il  measure.-*  that  can  Ik;  deviHeif; 
gradually  and  nlowly,  and  to  the  extent  tli:ii 
e.\perience  may  show  that  it  can  be  dune  cou- 
sistently  with  due  regard  to  the  public  interest. 
Further,  no  one  can  desire  to  go." 

The  rtftrencc  here  made  by  .Mr.  Culhonn  to 
the  views  of  the  senator  from  Missouri  was  to 
conversations  held  between  them ;  in  which 
each  freely  communicated  his  own  plan.  Mr. 
Benton  had  not  then  brought  forward  his  pro- 
position for  tho  revival  of  the  gold  currency ; 
but  did  so,  (in  a  speech  which  he  had  studied), 
the  moment  Mr.  Calhoun  concluded.  That  was 
a  thing  understood  between  them.  Mr.  Cal- 
houn had  signified  his  wish  to  speak  first ;  to 
which  Mr.  Benton  readily  assented :  and  both 
took  tho  opportunity  presented  by  Mr.  AVel>- 
ster's  motion,  and  tho  presentation  of  his  plan, 
to  present  their  own  respectively.  Mr.  Benton 
presented  his  tho  moment  Mr.  Calhoun  sat 
down,  in  a  much  considered  speech,  which  will 
be  given  in  the  next  chapter ;  and  which  was 
the  first  of  his  formal  speeches  in  favor  of  re- 
viving the  gold  currency.  In  the  mean  time, 
Mr.  Webster's  plan  lingered  on  the  motion  for 
leave  to  bring  in  his  bill.  That  leave  was  not 
granted.  Things  took  a  strange  tuni.  The 
friends  of  the  bank  refused  .n  a  body  to  give 
Mr.  Webster  the  leave  asked:  u\o  enemies  of 
tho  bank  were  in  favor  of  giv'mz  him  the  leave — 
chiefly,  perhaps,  because  his  iticuds  refused  it. 
In  this  state  of  contrariety  among  his  friends, 
Mr.  Webster  moved  to  lay  his  own  motion  on 
the  table ;  and  Mr.  Forsyth,  to  show  that  this 
balk  came  from  his  own  side  of  the  chamber, 
asked  the  yeas  and  nays ;  which  were  granted 
and  were  as  follows : 

*'Yeas. — Messrs  Black,  Calhoun,  Clay,  Clay- 
ton, Ewing,  Frelinghuysen,  Hendricks,  King 
of  Georgia,  Mangum,  Moore,  Naudain,  Poindex- 
ter,  Porter,  Prentiss,  Preston,  Bobbins,  Sils 


l> 


I 


436 


TIlIK-n'  Y»JkIW  VIKW. 


Irm;,  Smith,  SiiiithanI,  Hpraguf,  Swift,  Tomlin- 
•oii,  WikggKtiian,  Wflmtcr. 

"Navh.— MeMtn.  Itcnt'in,  Hrown,  Forxyth, 
Orutxly,  Hill,  Kano,  Kii)|;  of  Alnbaina,  MorriH, 
Iloliinaon.  Slu-iiloy,  TalliiiMltff,  Tipton,  Wliitc. 
Wilkitia,  Wright.'' 

Thu  exciiac  for  the  morement — for  thia  un- 
ex|)€ct('<l  tvrtnination  to  Mr.  Wehalcr'a  motion 
— waa  that  the  .Senate  mi^ht  proceed  with  Mr. 
Clay'a  roaolution  against  Ueneral  Jackson,  and 
come  to  a  conclusion  upon  it.  It  was  now  time  for 
that  conchiflion.  It  was  near  the  last  of  March, 
and  the  Virginia  elections  came  on  in  April  : 
but  the  real  cause  for  Mr.  Webster's  motion 
was  the  settled  opposition  of  hia  p«>litical  friends 
to  his  plan ;  and  that  waa  proved  by  its  subse- 
quent fate.  In  his  motion  to  lay  his  application 
on  the  table,  he  treated  it  as  »  temporary  dis- 
position of  it — the  application  to  be  renewed 
tt  some  future  time :  which  it  never  was. 


CHAPTER    CV. 


BKVIVAL  OF  THE  OOLI)  CURRENCT-MU. 
TON'S  8PEK01I. 


BKM> 


Mn.  Benton  said  it  was  now  six  years  since  he 
hod  begun  to  oppose  the  renewal  of  the  charter 
of  this  bank,  but  he  had  not,  until  the  present 
moment,  found  a  suitable  occasion  for  showing 
the  people  the  kind  of  curroncy  which  they 
wore  entitled  to  possess,  and  probably  would 
possess,  on  the  dissolution  of  the  Bank  of  the 
United  States.  This  was  a  view  of  the  subject 
which  many  wished  to  see,  and  which  he  felt 
bound  to  give ;  and  which  he  should  proceed 
to  present,  with  all  the  brevity  and  perspicuity 
of  which  he  was  master. 

1.  In  the  first  place,  he  was  one  of  those  who 
believed  that  the  government  of  the  United 
States  was  intended  to  be  a  hard  money  govern- 
ment :  that  it  was  the  intention,  and  the  decla- 
ration of  the  constitution  of  the  United  States, 
that  the  federal  currency  should  consist  of  gold 
and  silver ;  and  that  there  is  no  power  in  Con- 
gress to  issue,  or  to  authoiize  any  company  of 
individuals  to  issue,  any  species  of  federal  paper 
imrrency  whatsoever. 

Every  clause  in  the  constitution,  said  Mr.  B., 
which  bears  upon  the  subject  of  money — every 


early  statute  of  Congresit  kI  ■       ntt  i  ^.^-u  (j^ 
meaning  of  these  rlaiiHes — a'.i.  every  hiittor^ 
recollection  which  nfera  to  them,  fft  h«^,i  m 
hand,  in  giving  to  that  instrument  tli    numiiii; 
I  which   this   pro(iosition  ascriiMM   to  it.     T), 
j  power  granted  to  Congrcus  to  c»)in  money  in,;, 
authority  to  stamp  nutallic  money,  ami  in  n<  t 
I  an  iiiitlujrity  for  emitting  Hlips  of  |ia|ier  i'i>iitt„i 
ing   promines   to  pay  money.     Tlio  aiitliorii\ 
granted  t»  Congress  to  regulate  the  valm- .  i 
coin,  in  an  authority  to  repilate  the  value  c,f  i|,^ 
metallic  money,  not  of  paiier.     The  pro|iil,iti„n 
up'm  the  States  against  making  any  thing  |,i^; 
gol  1  and  Hilver  a  legal  tender,  is  a  ninral  |.r<>- 
hibition,  founded  in  virtue  and  honesty,  ami  ii 
just  as  binding  ufMin  the  federul  government  i> 
upon  the  State  governments ;  and  that  withoi.; 
a  written  prohibition ;  for  the  difi'erenrc  in  the 
nature  of  the  two  govcrnmentH  is  such,  that  the 
States  may  do  all  things  which  they  ari>  nut 
forbid  to  do  :  and  the  federal  governniiiit  caa 
do  nothing  which  it  is  not  authorized  hy  the 
constitution  to  do.    The  power  to  imnjsh  the 
crime  of  countcrfeitiag  is  limited  to  thu  curnnt  I 
coin  of  the  United  States,  and  to  tlio  secnritiet 
of'  the  United  States  ;  and  cannot  be  cxtindd 
to  the  offence  of  forging  paper  money,  but  Lj 
that  ui\justiflabIo  power  of  construction  wliicli  I 
founds  an  implication  upon  an  implication,  aid  I 
hangs  one  implied  power  upon  another.   TIkI 
word  currency  is  not  in  the  constitution,  ucr  I 
any  word  which  can  bo  made  to  cover  a  circa-  [ 
lation  of  bank  notes.    Gold  and  silver  ia  tkl 
only  thing  recognized  for  money.    It  is  \k\ 
money,  and  the  only  money,  of  the  constitution;! 
and  every  historic  recollection,  as  well  us  ctotI 
phrase  in  the  constitution,  and  every  early  eU'I 
tute  on  the  subject  of  money,  confirms  tbiil 
idea.    People  were  sick  of  paper  money  aboul 
the  time  that  this  constitution  was  fuiwll 
The  Congress  of  the  confederation,  in  the  timl 
of  the  Revolution,  had  issued  a  currency  of  pafsl 
money.    It  had  run  the  full  career  of  that  ml 
rency.    The  wreck  of  two  hundred  milliins  J 
paper  dolUrs  lay  upon  the  land.    The  burnt 
of  that  constitution  worked  in  the  midst  il 
that  wreck.    They  saw  the  havoc  which  j)i{«| 
money  had  made  upon  the  fortunes  of  indirii!] 
als,  and  the  morals  of  the  public.    They  ( 
mined  to  have  no  more  federal  paper  moot 
They  created  a  hard  money  government ;  tin 
intended  the  new  goTemment  to  recogniu  i 


ANXO  IHS4.     AXURKW  JACKSOX.  I'RB^IDKXT. 


437 


— •'..1.  every  )li^t»^( 
tu  thfiii,  ff>  lia<  I  Ik 
tniiiiciit  tli    mianiii; 
uicribiH  to   it.     Tit 
%n  to  cuin  money  utn 
ic  luoin-y,  ami  i«  n«  t 
Hli|m  «>f  |>a|K'r  cnnuin- 
unt'y.    'll'o  Butliorn) 
ngiilato  till'  valiif  >  i 
piltttc  the  vului'iif  lU 
i\tuT.     The  jirohil/ition 
iiiaktng  any  thing  l/.;i 
timlcr,  is  a  nioral  in^ 
ue  and  lioncsty,  ami  ii 
federal  govemnicm  i* 
L-nts  -,  and  tiiat  williui:-, 
ur  the  diilerencc  in  the 
nraents  is  Buch,  that  iIk 
(fs  wliich  they  art'  nut 
federal  government  ea 
not  authorized  liy  lit 
10  power  to  i»unisl»  tit 
is  limited  to  the  curni.'.  I 
,eB,  and  to  the  seciiriiw 
and  cannot  be  cxtindd 
ig  paper  money,  but  Ij 
sr  of  construction  wliicli 
upon  an  iniplication,  «di1 
n-er  upon  another.  TIkI 
in  the  constitution,  net 
D  made  to  coveracirraf 
Gold  and  silver  isilnl 
i  for  money.    It  is  m 
ioncy,oftheconstitulioi!;l 
allection,  as  wellascTcrjl 
tion,  and  every  early  bU-I 
of  money,  confirms  tkl 
ck  of  paper  money  atal 
constitution  was  furmdl 
confederation,  in  the  timl 
issued  a  currency  of  patal 
he  full  career  of  that  wl 
'  two  hundred  njini<'ii3tl| 
n  the  land.    The  framail 
worked  in  the  mMil 
aw  the  havoc  which  p«i«i| 
m  the  fortunes  of  indirA 
,f  the  public.    Thcydewj 
loro  federal  paper  tuonr 
money  government ;  ta 
vemmentto  recogniw*! 


ihinf  ("T  tnonoy  but  ir'>M  and  MlUcr ;  and  rrrrj 
nonl  ailmilti'd  into  the  ronNtitntion,  upon  the 
fubjt'<'t  of  m  inry,  define*  and  rKtahliMhei*  that 
M.n-'l  inJention. 

I^'jti'Intive  en!irtment,continiio«|  Mr.  B.,  rnmc 
qiiiridv  to  the  aid  of  conxtitutional  intention 
iiiil  hi-toric  rccollertion.  The  fifth  «tatiit<! 
[«.<n(d  at  tlie  Hrnt  neddion  of  the  llmt  Congrens 
thai  ever  «at  under  the  present  constitution, 
was  full  rnd  explicit  on  thin  liead.  It  deflneil 
ilio  liinfl  of  money  which  the  federal  treanury 
nhnuld  receive.  The  enactments  of  the  statute 
lire  n'nmrl<ahle  for  their  brevity  and  compre- 
liin»ion,  ai<  well  as  for  their  clear  interpretation 
if  the  ronstitution  ;  and  deservo  to  Iks  repeated 
anil  rcmenilwrcd.  They  are :  That  the  fees  and 
iluties  payable  to  the  federal  government  shall 
Ik-  received  in  gold  and  silver  coin  only  -,  the 
[.•oM  coins  of  Franco,  Spain,  Portugal,  and  Eng- 
land, and  all  other  gold  coins  of  equal  fineness, 
at  liphty-nino  cents  for  every  pennyweight; 
the  .Mexican  dollar  at  one  hundred  cents ;  the 
tmvrn  of  Franco  at  one  hundred  and  eleven 
cent; ;  and  all  other  silver  coins  of  equal  fine- 
ness, at  one  hundred  and  eleven  cents  per  ounce. 
This  Btatutc  was  passed  the  30th  day  of  July, 
1'89— just  one  month  after  Congress  had  com- 
menced the  work  of  legislation.  It  shows  the 
sense  of  the  Congress  composed  of  the  men,  in 
irnat  part,  who  had  framed  the  constitution,  and 
who,  by  using  the  word  only,  clearly  expressed 
ftheir  intention  that  gold  and  silver  alone  was 
to  constitute  the  currency  of  the  new  govem- 
nicnt. 

in  support  of  this  construction  of  the  consti- 
Ition,  Mr.  B.  referred  to  the  phrase  so  often  used 
by  our  roost  aged  and  eminent  statesmen,  that 
[this  was  intended  to  be  a  hard  money  govem- 
icnt.    Yes,  said  Mr.  B.,  the  framers  of  the 
tonstitution  were  hard  money  men ;  but  the 
thief  expounder  and  executor  ©f  that  constitu- 
tion was  not  a  hard  money  man,  but  a  paper 
^ystem  man  !  a  man  devoted  to  the  paper  system 
If  England,  with  all  the  firmness  of  conviction, 
id  all  the  fer>-or  of  enthusiasm.     God  forbid, 
lid  Mr.  B.,  that  I  shonld  do  injustice  to  Gen. 
lamilton — that  I  should  say,  or  insinuate,  aught 
derogate  from  the  just  fume  of  that  great 
lan  !    He  has  many  titles  to  the  gratitude  and 
Imiration  of  his  countrymen,  and  the  heart 
)uld  not  be  American  which  could  dishonor  or 
Bparage  his  memory.    But  his  ideas  of  govern- 


ment did  not  rrrrlvc  th«>  «an(tion  of  f(ener*l 
approlMtion  ;  and  of  ail  hiit  (mlitiral  tenet*,  hi* 
attachnient  (o  the  paper  syxlem  wa«  nio^t 
•fronjrly  opp»v44<|  at  the  time,  and  htm  produced 
thi>  niont  hi^tin^tand  deplornMe  n'^ultM  u|miii  the 
country.  In  the  year  17UI,  thin  great  nmn. 
then  S«Tret«ry  «)f  thi-  Treanury.  broupht  (orwiiril 
hilt  celebrated  pliui  for  the  support  of  public 
credit — that  plan  which  unfoldetl  the  entin> 
i  scheme  of  the  pa|>cr  svHtem,  and  immediately 
develo[)eci  the  greMl  ptjlitical  line  between  the 
federalists  and  the  republicans.  The  CHtablixh- 
ment  of  a  national  bank  was  the  leadinp:  and  pre- 
dominant feature  of  that  plan  ;  and  the  origiiud 
report  of  the  Secretary,  in  favor  of  eKtablishinj; 
the  bank,  contained  thix  fatal  and  deplorable 
recommendation : 

"  The  bills  and  notes  of  the  bank,  originally 
m  idc  payable,  or  which  shall  have  liecome  pay- 
able, on  demand,  in  gold  and  silver  coin,  shall 
be  receivable  in  all  payments  to  the  United 
States." 

This  fatal  recommendation  iK'canie  a  clause  in 
the  charter  of  the  bank.  It  was  transferred 
fVom  the  report  of  the  Secretary  to  the  pages  of 
the  statute  book ;  and  from  that  moment  the 
moneyed  character  of  the  federal  government 
stood  changed  and  reversed.  Federal  bank  notes 
took  the  place  of  hard  money ;  and  the  whole 
ediiice  of  the  new  government  slid,  at  once,  from 
the  solid  rock  of  gold  and  silver  money,  on  which 
its  framers  had  placed  it,  into  the  troubled  and 
tempestuous  ocean  of  a  paper  currency. 

Mr.  B.  said  it  waf>  no  answer  to  this  most 
serious  charge  of  having  changed  the  moneye«l 
character  of  the  federal  government,  and  of  the 
whole  Union,  to  say  that  the  notes  of  the  Bank 
of  the  United  States  are  not  made  a  legal  tender 
between  man  and  man.  There  was  no  necesf  .ty, 
he  said,  for  a  statute  law  to  that  effect ;  it  was 
sufficient  that  they  were  made  a  legal  tender 
to  the  federal  government ;  the  law  of  necessity, 
far  superior  to  that  of  the  statute  book,  would 
do  the  rest.  A  law  of  tender  was  not  necessary ; 
a  forced,  incidental  tender,  resulted  as  an  inevi- 
table consequence  from  the  credit  and  circulation 
which  the  federal  government  gave  them.  What- 
ever was  received  at  the  custom-houses,  at  the 
land-offlces,  at  the  post-offices,  at  the  marshals' 
and  district  attorneys'  offices,  and  in  all  the 
various  dues  to  the  federal  government,  must  be 
received  and  will  be  received  by  the  people.    It 


w- 


438 


Tin-UTV  YKAUS'  vif:w. 


•  %•■ 


1h.'C<)iih.'s  the  iic'tuni  and  practical  curn-ncy  of  the 
laml.  I'fople  must  take  it,  or  pjt  Miinjr ;  and 
tliijs  the  fedtral  goveraraent,  cutablioLng  a  paper 
currency  for  iUtelf,  cHtabU«heH  *  also  for  the 
iStutes  and  for  the  people;  an('.  '^vcry  body  must 
u.-^e  it  from  neccsnit}',  whether  corniH.'lIed  by  law 
or  not. 

Mr.  B.  said  it  was  not  to  be  supposed  that 
the  objection  which  he  now  took  to  the  uncon- 
stitutionality of  the  cliiiise  which  made  the  notes 
of  the  federal  bank  a  legal  tender  to  the  federal 
povernment,  wa.s  an  objection  which  could  be 
(tverlooked,  or  disregarded,  by  the  adversaries 
of  the  bank  in  17'Jl.  It  was  not  overlooked,  or 
disregarded ;  en  the  contrary,  it  was  denounced, 
and  combated,  as  in  itself  a  separate  and  dis- 
tinct breach  of  the  constitution,  going  the  whole 
length  of  emitting  paper  money  ;  and  the  more 
odious  uud  icprehensiblo  because  a  privileged 
comi)any  was  to  have  the  monopoly  of  the  emis- 
sion. The  genius  of  Hamilton  was  put  in  re- 
quisition to  answer  this  objection ;  and  the  best 
answer  which  that  great  man  could  give  it,  was 
a  confession  of  the  omnipotence  of  the  objection, 
and  the  total  impossibility  of  doing  it  away. 
His  answer  surrendered  the  whole  question  of 
a  currency.  It  sunk  the  notes  of  the  bank,  which 
were  then  to  be  tendered  to  the  federal  govern- 
ment, to  the  condition  of  supplies  furnished  to 
the  government,  anl  to  be  consumed  by  it.  The 
answer  took  refuge  under  the  natural  power, 
independent  of  all  constitutions,  for  the  tax  re- 
ceiver to  receive  his  taxes  in  what  articles  he 
pleased.  To  do  justice  to  General  Hamilton, 
and  to  detect  and  expose  the  true  character  of 
this  bank  paper,  Mr.  B.  read  a  clause  from  Gen. 
Hamilton's  reply  to  the  cabinet  opinions  of  Mr. 
Jefi'erson,  and  the  Attorney  General  Randolph, 
when  President  Washington  had  the  charter  of 
the  first  bank  under  advisement  with  his  Sec- 
retaries. It  was  the  clause  in  which  General 
Hamilton  replied  to  the  objection  to  the  con- 
stitutionality of  making  the  notes  of  the  bank 
receivable  in  payment  of  public  dues.  "  To 
designate  or  appoint  the  money  or  thing  in  which 
taxes  aro  to  be  paid,  is  not  only  a  proper,  but  a 
necessary  exercise  of  the  power  of  collecting 
them.  Accordingly,  Congress,  in  the  law  con- 
cerning the  collection  of  the  duties,  imposts,  and 
tonnage,  has  pr.)viiU'd  that  they  shall  be  pay- 
able ii.  gold  and  silver.  But,  while  it  was  an 
iadiHpcnsablo  part  of  the  work  to  say  in  what 


they  should  be  paid,  the  choice  of  the  sjjtrifi< 
thing  was  a  mere  matter  of  discretion.  Tiij 
payment  might  have  been  requii-cd  in  the  com- 
modities themselves.  Taxes  in  kind,  howm-i 
ill  judged,  are  not  without  precedents,  even  in 
the  United  Statics ;  or  it  might  have  Ijeen  in  tla- 
paper  money  of  the  several  .States .:  or  in  tlie  hii;, 
of  the  Bank  of  North  America,  New- York  and 
Massachusetts,  all,  or  either  of  them  ;  it  niji'l  t 
have  been  in  bills  issued  under  tlie  authority  of 
the  United  States.  No  part  of  this,  it  is  pn- 
sumcd,  can  be  disputed.  The  appointment  d 
the  money  or  thing  in  which  the  taxes  am  to)^ 
paid,  is  an  incident  of  the  power  of  collectioii. 
And  among  the  expedients  which  may  be  adop;. 
cd,  is  that  of  bills  issued  under  the  authoritv 
of  the  United  States."  Mr.  B.  would  read  ni 
further,  although  the  argument  of  General  Ham- 
ilton extended  through  several  pages,  Ths 
nature  of  the  argument  is  fully  disclosed  in  wlir 
is  read.  It  surrenders  the  whole  question  of  a 
paper  currency.  Neither  the  power  to  furnish : 
currency, or  to  regulate  currency,  is  pretended tj 
be  claimed.  The  notes  of  the  new  bank  are  put 
upon  the  footing,  not  of  money,  but  of  commo- 
dities— things — articles  in  kind — which  the  tax 
receiver  may  accept  from  the  tax  payer ;  anl 
which  are  to  be  used  and  consumed  by  the  tax 
receiver,  and  not  to  be  returned  to  the  peopls, 
much  less  to  be  diffused  over  the  country  in  I 
plat  Df  money.  This  is  the  original  idea  aci 
conr  ption  of  these  notes.  It  is  the  idea  under  | 
which  they  obtained  the  legal  capacity  of  recciv- 
ability  in  payment  of  public  dues ;  and  from  I 
this  humble  conception,  this  degraded  assimila- 
tion to  corn  and  grain,  to  clothes  and  provision;,  i 
they  have,  by  virtue  of  that  clause  iu  the  char- 
ter, crept  up  to  the  character  of  money — bceoia  | 
the  real,  practical  currency  of  the  land— drivfti 
the  currency  of  the  constitution  from  thelaa(i[ 
— and  so  depraved  the  public  intellect  os  now  I 
to  be  called  for  as  money,  and  proclaimed  tofi;( 
indispensable  to  the  country,  when  the  author  I 
of  the  bank  could  not  rank  it  higher  than  anei-[ 
pedient  for  paying  a  tax. 

2.  In  the  next  place,  Mr,  B.  believed  thatikj 
quantity  of  specie  derivable  from  foreign  coc  j 
merce,  added  to  the  quantity  of  gold  derivallil 
from  our  own  mines,  were  fully  suflicient,  iim 
expelled  from  the  country  ))y  unwise  laws,  tol 
furnish  the  people  with  an  abundant  circuiatioil 
of  gold  and  silver  coin,  for  their  common  cwl 


AXNO  1834.     ANDREW  JACKSON.  TRESIDKNT. 


43S 


rencr.  without  having  recourse  tu  a  circulntion 
J  small  hank  notc8. 

Tlie  truth  of  theso  propositiopf,  Mr.  B.  held 
t ,  U' susccptihle  ofcontplete  and  ready  pmof. 
11,.  .spoke  first  of  the  domestic  supply  of  native 
•IL  and  «ud  that  no  niinta  had  ever  develojied 
more  rapidly  than  these  had  done,  or  promised 
iiore  abundantly  than  they  now  do.  In  the 
viar  1824  they  were  a  spot  in  the  State  of 
.Nirih  Carolina ;  they  are  now  a  region  sprcad- 
,;ig  into  ijix  States.  In  the  year  1824  the  pro- 
•luit  wa-s  .$5,000  ;  in  the  last  year  the  product, 
111  c^^ined  gold,  was  ^808,000 ;  in  uncoined,  a.s 
much  niOiw ;  and  the  product  of  the  present 
vtar  computed  at  two  millions ;  with  every  pros- 
inct  of  continued  and  permanent  increase.  The 
probability  was  that  these  mines  alone,  in  the 
lajise  of  a  few  years,  would  furnish  an  abundant 
Mipply  of  gold  to  establish  a  plentiful  circulation 
..f  that  metal,  if  not  expelled  from  the  country 
h\  unwise  laws.  But  the  great  source  of  supply, 
l»jth  for  gold  and  silver,  Mr.  B.  said,  was  in  our 
WR'ign  commerce.  It  was  this  foreign  com- 
morce  wliich  filled  the  States  with  hard  money 
immoJiately  after  the  close  of  the  Revolutionary 
War,  when  the  domestic  mines  were  unknown ; 
audit  is  the  same  foreign  commerce  which, fevcn 
I  iiuff,  when  federal  laws  discourage  the  impor- 
I  ution  of  foreign  coins  and  compel  their  exporta- 
ItioiL  is  bringing  in  an  annual  supply  of  seven 
lur  eight  millions.  With  an  amendment  of  the 
Ikiws  which  now  discourage  the  importation  of 
Iforeign  coins,  and  compel  their  exportation, 
Ithere  could  be  no  delay  in  the  rapid  accumula- 
Itiun  of  a  sufficient  stock  of  the  precious  metals 
|to  supply  the  largest  circulation  which  the 
|commoi\  business  of  the  country  could  require. 
Mr.  B.  believed  the  product  of  foreign  mines, 

nil  the  quantity  of  gold  and  silver  now  in  ex- 
istence, to  bo  much  greater  than  was  commonly 
kupposcd;  and,  as  a  statement  of  its  amount 

Ifould  establish  his  proposition  in  favor  of  an 
Idequate  supply  of  these  metals  for  the  common 

Jirroncy  of  the  country,  he  would  state  that 
Imount,  as  he  found  it  calculated  in  approved 
Irorks  of  iwlitical  economy.     He  looked  to  the 

hrec  great  sources  of  supply:  1.  Mexico  and 

outii  America ;  2.  Europe  and  Northern  Asia ; 
Tlie  coast  of  Africa.  Taking  the  discovery 
the  New  World  as  the  starting  point  from 

|hich  the  calculation  would  commence,  and  the 
Juct  was : 


1.  Mcxlro  will  Smith  Ain*riris      .        .        .     |«,4IM.lion,<H)t 
4.  Kuriipo  iiiM  NiTtliiTii  \tU,       .        .  ti^moooM 

a.  Tlie  cwt ..( .\frlc», IJo.Oii.iiOO 

— making  a  total  prinluct  of  seven  thousand  two 
hundred  and  thirty-si.\  millions,  in  the  short 
space  of  tJiree  centuries  and  a  lialf.  To  this  i.s 
Ut  Ih!  added  the  quantity  exi.stinp;  .it  tiie  time 
the  New  World  was  discovered,  and  wiiieh  was 
computed  at  1^2,300,000,000.  I'pon  all  tliesc 
data,  the  political  economisrts,  Mr.  )J.  said,  after 
deducting  $2,000,000,000  for  waste  and  con- 
sumption, still  computed  tlie  actual  stock  of 
golil  and  .silver  in  Euroijc,  Asia,  and  America, 
in  1832,  at  about  seven  thou.sand  millions  of 
dollars ;  and  that  quantity  constantly  and  rapid- 
ly increasing. 

Mr.  B.  had  no  doubt  but  that  the  quantity  of 
gold  and  silver  in  Euroj)e,  At;ia,  ami  America, 
was  sufficient  to  carry  on  the  whole  business  of 
the  world.  He  said  that  states  and  empires 
— lar  greater  in  wealth  and  population  than  any 
now  existing — far  superior  in  public  and  private 
magnificence — had  carried  on  all  the  business  of 
private  life,  and  all  the  aflairs  of  national  govern- 
ment, upon  gold  and  silver  alone ;  and  that  be- 
fore the  mines  of  Mexico  and  Peru  were  known, 
or  dreamed  of.  lie  alluded  to  the  great  nations 
of  antiquity — to  the  Assyrian  and  Persian  em- 
pires ;  to  Egypt,  Carthage,  Rome ;  to  the  Gre- 
cian republics ;  the  kingdoms  of  Asia  Minor ;  and 
to  the  empire,  transcending  all  these  put  toge- 
ther—the Saracenic  empire  of  the  Caliplis,  whicli, 
taking  for  its  centre  the  eastern  limit  of  the  Roman 
world,  extended  its  dominion  as  far  west  as  Rome 
had  conquered,  and  further  east  than  Alexander 
had  marched.  These  great  nations,  whose  armies 
crushed  empires  at  a  blow,  whose  monumental 
edifices  still  attest  their  grandeur,  had  no  idea 
of  bank  credits  and  paper  money.  They  used 
gold  and  silver  alone.  Such  degenerate  phra.'^es 
as  sound  currency,  paper  medium,  circulating 
media,  never  once  sounded  in  their  heroic  ears. 
But  why  go  back,  exclaimed  Mr.  B.,  to  the 
nations  of  antiquity  ?  Wliy  quit  our  own 
day  1  Why  look  beyond  the  boundaries  of 
Europe  ?  We  have  seen  an  empire  in  our  own 
day,  of  almost  fabulous  grandeur  and  magnifi- 
cence, carry in|5  on  all  its  vast  undertakings  upon 
a  currency  of  gold  and  silver,  without  deigning 
to  recognize  paper  for  money.  I  speak,  said  Mr. 
B.,  of  France—  arreat  and  imperial  France — and 
have  my  eye  upon  that  first  year  of  the  consu- 


lit;* 


1  ^  • 
;  )  '• 


rl 


440 


THlRTy  YEARS'  VIEW. 


lato,  when  a  young  and  victorious  general,  just 
transffm-'l  from  tiie  camp  to  a  cx)iin<'il.  an- 
nounced to  liis  a.^tonislied  ininif-tors  that  KjK-cif 
jiaynK'nts  should  coniinence  in  France  hy  a  pven 
day  ! — in  that  France  which,  for  so  many  years, 
had  seen  nothing  but  a  misscrable  currency  of 
depreciated  niandats  and  assignats !  The  annun- 
ciation was  heard  witli  the  inward  contempt,  and 
oiHjn  distrust,  which  the  whole  tribe  of  liack 
politicians  every  where  feel  for  the  statesman- 
ship of  military  men.  It  was  followed  by  the 
Ruccess  which  it  belongs  to  genius  to  inspire  anu 
to  comi'.and.  Specie  payments  commenced  in 
France  on  the  day  named ;  and  a  hard  money 
currency  has  been  the  sole  currency  of  France 
from  that  day  to  this. 

Such,  said  Mr.  B.,  is  the  currency  of  France ; 
a  country  whose  taxes  exceed  a  thousand  mil- 
lions of  francs — whose  public  and  private  ex- 
penditures require  a  circulation  of  three  hun- 
dred and  fifty  millions  of  dollars — and  which 
possesses  that  circidation,  every  dollar  of  it,  in 
gold  and  silver.  After  this  example,  can  any 
one  doubt  the  c-ipacity  of  the  Uuited  States  to 
supply  itself  with  specie  7  Keason  and  history 
forbid  the  doubt.  Reason  informs  us  that  hard 
money  flows  into  the  vacuum  the  instant  that 
.small  bank  notes  are  driven  out.  Franco  reco- 
vered a  specie  circulation  within  a  year  after  the 
eonsular  government  refused  to  recognize  paper 
for  money.  England  recovered  a  gold  circulation 
of  about  one  hundred  millions  of  dollars  within 
four  jears  after  the  one  and  two  pound  notes 
were  suppressed.  Our  own  country  filled  up 
with  Spanish  milled  dollars,  Fmnch  crowns, 
doubloons,  half  joes,  and  guineas,  as  by  magic, 
at  the  conclusion  of  the  Revolutionary  War,  and 
the  suppression  of  the  continental  bills.  The 
business  of  the  United  States  would  not  require 
above  sixty  or  seyepty  millions  of  gold  and  sil- 
ver for  the  common  currency  of  the  people,  and 
the  basis  of  large  bank  notes  and  bills  of  ex- 
change. Of  that  sum,  more  than  one  third  is 
now  in  the  country,  but  not  in  circulation.  The 
Rank  of  the  United  States  hoards  above  ten  mil- 
lions. At  the  expiration  of  her  charter,  in  1836, 
that  sum  will  be  paid  out  in  redemption  of  its 
notes — will  go  into  the  hands  of  the  people — 
and,  of  itself,  will  nearly  double  the  quantity  of 
silver  now  in  circulation.  Our  native  mines  will 
be  yielding,  annually,  some  millions  of  gold; 
foreign  commerce  will  be  pouring  in  her  accus- 


tomed copious  Bupply  ;  the  correction  of  the  tr^ 
roneous  value  of  gold,  the  literal  a<lmic§ion  oi 
forcit;n  coins,  and  the  supprcstiion  of  Hmall  r.oUn 
will  invite  and  retain  an  ailequato  metallic  ciir. 
renrv.  The  present  moment  is  peculiarly  fj. 
vorable  for  these  measures.  Foreign  cxchanp^ 
are  now  in  our  favor ;  silver  is  coming  hero,  al- 
though not  current  by  our  laws ;  bf>th  gold  an! 
silver  would  flow  in,  and  that  immediately,  to 
an  immense  amount,  if  raised  to  their  prornr 
value,  and  put  on  a  proper  footing,  by  our  lan<, 
Three  days'  legislation  on  these  subjects  iroulj 
turn  copious  supplies  of  gold  and  silver  into  tin 
countr  ,  diffuse  them  through  every  neighbor- 
hood, jnd  astonish  gentlemen  when  they  pot 
homo  at  midsummer,  at  finding  hard  monev 
where  they  had  left  paper. 

3.  In  the  third  place,  Mr.  B.  undertook  t.j 
alBan,  as  a  proposition  free  from  dispute  or  con- 
testation, that  the  value  now  set  upon  gold,  bv 
the  laws  of  the  United  States,  was  unjust  and 
erroneous ;  that  these  laws  had  expelled  goll 
from  circulation ;  and  that  it  was  the  bounden 
duty  of  Congress  to  restore  that  coin  to  circula- 
tion, by  restoring  it  to  its  just  value. 

That  gold  was  undervalued  by  the  laws  of  the 
United  States,  and  expelled  from  circulation,  wu 
a  fact,  Mr.  B.  said,  which  every  body  knew ;  but 
there  was  something  else  which  every  body  did 
not  know ;  which  few,  in  reality,  had  an  oppo^ 
tunity  of  knowing,  but  which  was  necessaiy  to 
be  known,  to  enable  the  fHends  of  gold  to  go  to 
work  at  the  right  place  to  effect  the  recover}' 
of  that  precious  metal  which  their  fathers  ouo! 
possessed — which  the  subjects  of  European  kings 
now  possess — which  the  citizens  of  the  young 
republics  to  the  South  all  possess — which  eTca  | 
the  free  negroes  of  San  Domingo  possess— bnt 
which  the  yeomanry  of  this  America  have  been 
deprived  of  for  more  th.in  twenty  years,  and  I 
will  be  deprived  of  for  ever,  unless  they  discovt; 
the  cause  of  the  evil,  and  apply  the  remedy  to 
its  root. 

I  have  already  shown,  said  Mr.  B.,  that  the  I 
plan  for  the  support  of  public  credit  which  Gene- 
ral Hamilton  brought  forward,  in  1701,  wm  i 
plan  for  the  establishment  of  the  paper  system 
in  our  America.  We  had  at  that  time  a  gold  | 
currency  which  was  circulating  freely  and  fi 
all  over  the  country.  Gold  is  the  antagonist  of  I 
paper,  and,  with  fair  play,  will  keep  a  paper  ca^ 
rcncy  within  just  and  proper  limits.    It  wil  | 


ASXO  1884.     ANDREW  JACKSON*.  PRESIDKNT. 


441 


iet'p  down  tho  small  notes ;  for,  no  man  will  i 
prrv  »  fi^c,  a  ten,  or  a  twenty  dollar  note  m  his  j 
nrid,  when  he  can  Rct  piineas,  eagles,  half  | 
.^lis.  doubloons,  and  half  joes  to  carry  in  their  j 
pijcc.    The  Ectcs  of  the  new  Bank  of  the  United  i 
MiU-s.  which  bank  formed  the  Icadinj^  feature  | 
,:i  the  plan  for  the  support  of  public  credit,  had 
ilreaiiy  derived  one  undue  advantage  over  gold, 
Ml  bciiisr  put  on  a  level  with  it  in  point  of  legal 
tenilcr  to  the  federal  government  and  universal 
rroivability  in  all  payments  to  that  government: 
(liey  were  now  to  derive  another,  and  a  still 
creatcr  undue  advantage  over  gold,  in  the  law  for 
ihe  establishment  of  the  national  mint ;  an  in- 
Fiittition  which  also  formed  a  feature  of  the  plan 
fir  the  support  of  public  credit.     It  is  to  that 
|,lan  that  we  trace  the  origin  of  the  erroneous 
valuation  of  gold,  which  has  bani.shed  that  metal 
from  tlie  country.    Mr.  Secretary  Hamilton,  in 
his  proposition  for  tho  establishment  of  a  mint, 
awmracnded  that  the  relative  value  of  gold  to 
silver  should  be  fixed  at  fifteen  for  one ;  and 
t'iat  recommendation  became  the  law  of  the  land ; 
i  and  has  remained  so  ever  since.    At  the  same 
lime  the  relative  value  of  these  metals  in  Spain 
and  Portugal,  and  throughout  their  vast  domin- 
ions in  the  new  world,  whence  our  principal 
supplies  of  gold  were  derived,  was  at  the  rate  of 
sixteen  for  one ;  thus  making  our  standard  six 
[percent,  below  the  standard  of  the  countries 
I  which  chiefly  produced  gold.    It  was  also  below 
I  the  English  standard,  and  the  French  standard, 
land  below  the  standard  which  prevailed  in  these 
{states,  before  the  adoption  of  the  constitution, 
land  which  was  actually  prevailing  in  the  States, 
lat  the  time  that  this  new  proportion  of  fifteen 
|tu  one  was  established. 

Mr.  B.  was  ready  to  admit  that  there  was  some 
nicety  requisite  in  adjusting  the  relative  value 
tf  two  different  kinds  of  money — gold  and  silver 
for  example — so  as  to  preserve  an  exact  equi- 
oise  between  them,  and  lo  prevent  either  from 
|t.\pclling  the  other.  There  was  some  nicety, 
but  no  insuperable  or  even  extraordinary  diffi- 
pulty,  in  making  the  adjustment.  The  nicety 
pf  the  question  was  oggiuvated  in  the  year  '92, 
by  the  difficulty  of  obtaining  exact  knowledge 
the  relative  value  of  th<jso  metals,  at  that 
lime,  in  France  and  England ;  and  Mr.  Gallatin 
I  since  shown  that  the  information  which  was 
hen  relied  upon  was  clearly  erroneous.  The  con- 
equcnce  of  any  mistake  in  fixing  our  standard, 


wa*  also  well  known  in  the  year  ".''J.     .Mr.  See- 
rt'tnrj'  Hamilton,  in  his  prop<»ition  for  llu"  ostaln 
lishnunt  of  .1  mint,  c.xpri's'sly  det  !an<l  that  the 
consoqucnrc  of  a  mistake  u  the  n  lativp  vahu« 
of  the  two  mctids,  would  Ik-  tho  expulsion  of 
the  one  that  was  nndirvaluiMl.     Mr.  .JctlVrson, 
then  Secretary  of  Stati'.  in  his  ootiinpDram'ous 
report  up<m   foreign  coins,  declared  the  same 
thing.      Mr.    Robert    Morris,   financier  to   the 
revolutionary  government,  in  his  proposal  to 
establish  a  mint,  in  1782,  was  equally  explicit 
to  the  same  effect.    The  delicacy  of  the  question 
and  the  consequence  of  a  mistake,  were  then 
fully  understood  forty  years  ago,  when  the  rela- 
tive value  of  gold  and  silver  was  fixed  at  fifteen 
to  one.    But,  at  that  time,  it  unfortunately  hap- 
pened that  the  paper  S3-8tera,  then  omnipotent 
in  England,  was  making  its  transit  to  our  Amer- 
ica ;  and  every  thing  that  would  go  to  establish 
that  system — every  thing  that  would  go  to  sus- 
tain the  new-born  Bank  of  ths  United  States — 
that  eldest  daughter  and  spcin  gregis  of  tho 
paper  system  in  America — fell  in  with  the  pre- 
vailing current,  and  became  incorporated  in  the 
federal  legislation  of  the  day.     Cold,  it  was  well 
known,  was  the  antagonist  of  paper ;  from  its 
intrinsic  value,  the  natural  predilection  of  all 
mankind  for  it,  its  small  bulk,  and  the  facility 
of  carrying  it  about,  it  would  be  preferred  to 
paper,  either  for  travelling  or  keeping  in  tho 
house ;  and  thtis  would  limit  and  circumscribe 
the  general  circulation  of  bank  notes,  and  pre- 
vent all  plea  of  nece.-  '•■   for  issuing  smaller 
notes.    Silver,  on  the  coutrary,  from  its  incon- 
venience of  transportation,  would  favor  the  cir- 
culation of  bank  notes.     Hence  the  birth  of  tho 
doctrine,  that  if  a  mistake  was  to  be  committed, 
it  should  be  on  j::.  side  of  silver !    Mr.  StcreUi- 
ry  Hamilton  declares  the  existence  of  this  fe(  l- 
ing  when,  in  his  report  upon  the  cstcvblishrr-ont 
of  a  mint,  he  says :  "  It  is  sometimes  observed, 
that  silver  ought  to  be  cncouragt;d,  rather  than 
gold,  as  being  more  conducive  to  the  extension 
of  bank  circulation,  from  the  greater  difficulty 
and  inconvenience  which  its  greater  bulk,  com- 
pared with  its  value,  occasions  in  tlu  iranspor- 
tation  of  it."     This  passage  in  the  Secretary's 
report,  proves  tho  existence  of  the  feeling  in  fa- 
vor of  silver  against  gold,  and  the  cause  of  that 
feeling.    Quotations  might  be  made  from  the 
speeches  of  others  to  show  that  they  acted  upon 
that  feeling ;  but  it  is  due  to  General  Uamiltoa 


.»-.. 


■Ik'- 


it 


442 


THIRTY  YKAKS'  VIEW. 


r 


to  sny  tlint  lie  disclaimed  such  a  motlTC  for  liim- 
Ktlf,  and  I'Xi.rcsscd  a  di-siro  to  rt-tain  l)Oth 
iiK-talH  ill  ciiciilation,  and  even  to  havu  a  gold 
dollar. 

•1'Ik,'  iproi)Ortion  of  fiftiru  to  one  was  establish- 
ed. The  11th  section  of  the  act  of  April,  17'J2, 
Kniicted  that  every  fifteen  jidundH  weitrht  of  pure 
Bilver,  .should  he  eriual  in  value,  in  all  payments^ 
with  one  pound  of  jiiire  gold  ;  and  so  in  propor- 
tion for  less  (piantities  of  the  i-espcctivc  metals, 
Thi.s  act  wa.s  the  death  warrant  to  the  gold  cur- 
rency. I'he  diminitihed  circulation  of  that  coi/i 
Boon  l>Cj.'ivn  to  be  ob.servable;  but  it  wa.s  not  im- 
Diediately  extinguished.  Several  circumstances 
'.•layed.  biit  could  not  prevent  that  catastrophe. 
1.  The  ]'.i!.k  of  the  United  States  then  issued 
no  note  of  lor.-i  denomination  than  ten  dollars, 
and  but  few  (if  them.  2.  There  were  but  three 
other  banks  in  the  United  Scates,  and  they  issu- 
ed but  few  small  notes;  so  that  a  small  note 
currcnc}'  did  not  come  directly  into  conflict  with 
gold.  3.  The  trade  to  the  lower  Mississipi  con- 
tinued to  bring  up  from  Natchez  and  New  Orleans, 
for  uany  years,  a  large  supply  of  doubloons ;  and 
long  supplied  a  gold  currency  to  the  new  States 
in  the  West.  Thu.s,  the  absence  of  a  small  note 
currency,  and  the  constant  arrivals  of  doubloons 
from  the  lower  Mississippi,  deferred  the  fate  of  the 
gold  currency  ;  and  it  was  not  until  the  lapse  of 
near  twenty  years  after  the  adoption  of  the  er- 
roneous standard  of  ?  V92,  that  the  circulation  of 
that  metal,  both  foreign  and  domestic,  became 
completely  and  totally  extinguished  in  the  Uni- 
ted States.  The  extinction  is  now  complete,  and 
must  remai  1  so  until  the  laws  are  altered. 

In  making  this  annunciation,  and  in  thus 
standing  forward  to  cxp>  se  the  error,  and  to  de- 
mand the  reform  of  the  gold  currency,  he  (Mr. 
B.)  was  not  setting  up  for  thr  honors  of  a  first 
discoverer,  or  first  inventor.  Far  from  ii.  He 
was  treading  in  the  steps  of  otlier,  and  abler 
men,  who  had  gone  before  him.  Four  Secre- 
taries of  the  Treasury,  Gallatin,  Dallas,  Craw- 
ford, Ingham,  had,  each  in  their  day,  pointed 
out  the  error  in  the  gold  standard,  and  recom- 
mended its  correction.  Kepeated  reports  of 
committees,  in  both  Houses  of  Congress,  had 
done  the  same  thing.  Of  these  reports  he 
would  name  those  of  the  late  Mr.  Lowndes  of 
South  Carolina  ;  of  Mr.  Sanford,  late  a  senator 
from  New- York;  of  Mr.  Campbell  P.  White, 
uow  a  representative  from  the  city  of  New-York. 


Mr.  B.  took  pleasure  in  recalling  and  prosiTUm, 
to  public  notice,  the  names  of  the  emim-nt  ni d 
who  had  gone  before  him  in  the  exploration  rf 
this  path.  It  was  due  to  them,  now  that  tit- 
good  cause  seemed  to  Ihj  in  the  road  to  ^urctv, 
to  yield  to  them  all  the  honors  of  first  ixplor. 
ers  ;  it  was  due  to  the  cause  also,  in  this  lio{.r 
of  final  trial,  to  give  it  the  high  sanction  of  Uitir 
names  and  laborfi, 

Mr.  B.  would  arrest  for  an  instant  thoeiirKnt 
of  his  remarks,  to  fix  the  attention  of  the  .^^e- 
nate  upon  a  reflection  which  must  euggtst  it- 
self  to  the  rainds  of  all  considerate  persons, 
lie  Vtould  ask  how  it  could  happen  that  so  nianv 
men,  and  ouch  men  as  he  had  named,  labcjrin; 
for  so  many  years,  in  a  cause  so  just,  for  an  ob- 
ject io  beneficial,  upon  a  state  of  facts  so  undo- 
niable,  could  so  long  and  so  uniformly  fail  (f 
success?    How  could  this  happen?    Sir,  «. 
claimed  Mr.  B.,  it  happen*. d  because  the  pojin 
of  the  Bank  of  the  United  States  required  it  ti 
happen !    The  same  policy  which  required  pH 
to  be  undervalued  in  1792,  when  the  first  Ijank 
was  chartered,  has  required  it  to  be  underv.ilu. 
ed  ever  since,  now  that  a  second  bank  has  bcea 
established ;  and  the  same  strength  which  en- 
abled these  banks  to  keep  themselves  up,  also  en- 
abled them  to  keep  gold  down.  This  is  the  answer  j 
to  the  question ;  and  this  the  secret  of  the  failure 
of  all  these  eminent  men  in  their  laudable  cffow  | 
to  raise  gold  again  to  the  dignity  of  money, 
This  is  the  secret  of  their  failure ;  and  this  secret  | 
being  noTV  known,  the  road  which  leads  to  the 
reformation  of  the  gold  currency  lies  uncoverw! 
and  revealed  before  us :  it  is  the  road  wliick 
leails  to  the  overthrow  of  the  Bank  of  the  Uniteii  | 
States — to  the  sepulchre  of  that  institution; 
for,  while  that  bank  lives,  or  has  the  hope  (( I 
life,  gold  cannot  be  restored  to  life.    Here  tliM  I 
lies  the  question  of  the  reform  of  the  gold  cur- 
rency.   If  the  bank  is  defeated,  that  ciTrencjl 
is  reformed;  if  the  bank  is  victorious,  troldre-l 
mains  degraded ;  to  continue  an  article  of  ner- 1 
chandise  in  the  hands  of  the  bank,  and  to  U I 
expelled  from  circulation  to  make  room  for  its  I 
five,  its  ten,  and  its  twenty  dollar  notes.  I'l  I 
the  people  then,  who  are  in  favor  of  restorinf  j 
gold  to  circulation,  go  to  work  in  the  riglij 
place,  and  put  down  the  power  that  first  puj 
down  gold,  and  which  will  never  suffer  ttil| 
coin  to  rise  while  it  has  power  to  prevent  it. 

Mr.  B,  did  not  think  it  necessary  to  dcecfil 


ANNO  1884.     ANI'UKW  JACKSON.  rUKMDKNT. 


443 


ik  is  Tictorious,  gold  re- 


I'.d  expatiate  upon  tlic  moritn  and  a<lvantAp.>8 
,  1  \  pi M  currency.     These  advantages  had  U-cn 
(,,.  will  known,  ftotn  tlie  farlio«t  aces  of  tfiO 
yrnflil,  to  be  a  8ul)ject  of  discussion  in  the  nint- 
iwDth  century ;  but,  as  it  wa-s  the  policy  of  the 
•..iikt  cvwtcin   io  disparage  that  metal,  and  as 
t  at  fysttin,  in  its  forty  years'  reip>  ovir  the 
Viiieiicun  i)coplc,  had  nearly  destroyed  a  know- 
.i-l;:c  of  that  currency,  he  would  hrietly  enume- 
.^ic  its  leading  and  prominent  advantages.     1. 
li  liiid  an  intrinsic  value,  which  gave  it  curren- 
,-v  all  over  the  world,  to  the  full  amount  of  that 
value,  without  regard  to  laws  or  circumstances. 
i  It  had  a  uniformity  of  value,  which  made  it 
the  eafest  standaid  of  the  value  of  property 
ffhich  the  wisdom  of  man  had  ever  yet  discov- 
ered.   3.  Its  portability;  which  made  it  easy  for 
liio  traveller  to  carry  it  about  with  him.    4.  Its 
indestructibility ;  which  made  it  the  safest  mo- 
ney tliat  people  could  keep  in  their  houses.     5. 
its  inherent  purity;  which  made  it  the  hardest 
.noney  to  be  counterfeited,  and  the  easiest  to  be 
detected,  and,  therefore,  the  safest  money  for 
I  tlie  people  to  handle.    G.  Its  superiority  over 
all  other  money ;  which  gave  to  its  possessor 
the  choice  and  command  of  all  other  money. 
",  Its  power  over  exchanges ;  gold  being  the 
I  currency  which  contributes  most  to  the  equali- 
I  zation  of  exchange,  and  keeping  down  the  rate 
I  of  exchange  to  the  lowest  and  most  uniform 
[point.     8.  Its  power  over  the  paper  money; 
Ljld  being  the  natural  enemy  of  that  system, 
land,  with  fair  play,  able  to  hold  it  in  check. 
19.  It  18  a  constitutional  currency  and  the  peo- 
Iple  have  a  right  to  demand  it,  for  their  cur- 
Irency,  as  long  as  the  present  constitution  is  per- 
Iniitted  to  exist. 

Mr.  B.  said,  that  the  false  valuation  put  upon 
bold  had  rend-^red  the  mint  of  the  United  States, 
pi)  far  as  the  gold  coinage  is  concerned,  a  most  ri- 
diculous and  absurd  institution.  It  has  coined, 
pd  that  at  a  large  expense  to.the  United  States, 
2,202,717  pieces  of  gold,  worth  $11,852,890; 
Ind  where  are  these  pieces  now  ?  Not  one  of 
I'itm  to  be  seen !  all  sold,  and  exported  I  and 
I  regular  is  this  operation  that  the  director 
f  the  mint,  in  his  latest  report  to  Congress, 
»ys  that  the  new  coined  gold  frequently  re- 
bains  in  the  mint,  uncalled  for,  though  ready  for 
divery,  uiitil  the  day  arrives  for  a  packet  to 
>il  to  Europe.  lie  calculates  that  two  millions 
f  native  gold  will  bo  coined  annually  hereafter; 


the  whole  r>f  which,  without  a  n-f  >nn  of  the 
gold  standard,  will  be  conducted,  like  exiles, 
from  the  nn'tinnitl  mint  to  th.o  st'ii-.-ihon',  .ind 
transr<i>rli(I  t"  ruicijrn  n-gion  ;,  to  lie  sold  fur  tiii' 
benefit  of  the  Hank  of  the  United  States. 

Mr.  B.  saifl  this  was  not  tlw  (i^iio  tn  disciis!* 
the  relative  value  of  gold  and  silver,  nor  to  urge 
the  particular  proportion  wliich  ought  to  be 
established  between  them.  'I'Imt  would  l>c  the 
proper  work  of  a  commiUec.  At  present  it 
might  be  suflicicnt,  and  not  irrelevant,  to  say 
that  this  question  was  one  of  comniLTCf— that 
it  was  puivly  and  simply  a  mercantile  prubluin 
— as  much  so  as  an  acquisition  of  nny  ordinary 
merchandise  fiom  foreign  countries  could  be. 
Gold  goes  where  it  finds  its  value,  and  that 
value  is  what  the  h.  ,rs  of  great  nations  give  it. 
In  Mexico  and  South  America — the  countries 
which  produce  gold,  and  from  which  the  United 
States  must  derive  their  chief  supply — the  value 
of  gold  is  10  to  1  over  silver;  in  the  is-land  of 
Cuba  it  is  17  to  1  ;  in  Spain  and  Portugal  it  is 
10  to  1 ;  in  the  West  Indies,  generally,  it  is  tho 
same.  It  is  no,  to  be  supposed  that  gold  will 
come  from  these  "ountries  to  the  United  States, 
if  the  importer  is  to  lose  one  dollar  in  every  six- 
teen that  he  bi'ngs;  or  that  our  own  gold  will 
remain  with  ui-  when  an  exporter  can  gain  a 
dollar  upon  every  fifteen  that  he  carries  out. 
Such  results  would  be  contrary  to  the  laws  of 
trade ;  and  therefore  we  must  place  the  same 
value  upon  gold  that  other  nations  do,  if  we 
wish  to  gain  any  part  of  theirs,  or  to  regain  any 
part  of  our  own.  Air.  B.  said  that  the  case  of 
England  and  France  was  no  excei)tion  lO  this 
rule.  They  rated  gold  at  sometliing  less  than 
10  for  1,  and  still  retained  gold  in  circulation ; 
but  it  was  retained  by  force  of  peculiar  laws  and 
advantages  which  do  not  prevail  in  the  United 
States.  In  England  the  circulation  of  gold  was 
aided  and  protected  by  four  subsidiary  laws, 
neither  of  which  exist  here:  one  which  prevent- 
ed silver  from  beiug  a  tender  for  more  than  forty 
shillings;  another  which  required  the  i.mk  of 
England  to  pay  nil  its  notes  in  gold ;  a  third 
which  suppressed  tho  small  note  circulation ;  a 
fourth  which  alloyed  their  silver  nine  per  cent, 
below  the  relative  value  of  gold.  In  France  the 
relative  proportion  of  the  two  metals  was  also 
below  what  it  was  in  Spain,  Portugal,  Mexico, 
and  South  America,  and  still  a  plentiful  supply 
of  gold  remained  iu  circulation ;  but  this  result 


t  '■  ■ 


^if. 


444 


THIRTY  YEAR8'  VIEW. 


was  ai'lod  bj-  two  fxculiar  caufic«;  fir«t,  the  to- 
tal absence  of  a  paper  currency ;  secondly,  the 
proximity  of  Spain, and  the  inferiority  of  Spanish 
inaniifiu'turcH,  which  gave  to  France  a  rcwly 
and  a  near  market  for  t  Ims  sale  of  her  fine  fabrics, 
which  were  paid  for  in  the  gold  of  the  New  World. 
In  the  United  States,  gold  would  have  none  of 
these  subsidiary  helps ;  on  the  contrary  it  would 
have  to  contend  with  n  paper  currency,  and 
would  have  to  be  obtained,  the  product  of  our  own 
mines  excepted,  from  Mexico  and  South  America, 
where  it  is  rated  as  sixteen  to  one  for  silver. 
All  these  circumstances,  and  many  others,  would 
li!!ve  to  be  taken  into  consideration  in  fixing  a 
standard  for  the  United  States.  Mr.  B.  repeat-' 
c']  that  there  was  nicety,  but  no  difficulty,  in 
luljusting  the  relative  value  of  gold  and  silver  so 
as  to  retain  both  in  circulation.  Several  nations 
of  antiquity  had  done  it ;  some  modem  nations 
also.  The  English  have  both  in  circulation  at 
:  3  time.  The  French  have  both,  and  have  had 
for  thirty  years.  The  States  of  this  Union  also 
had  both  in  the  time  of  the  confederation;  and 
retained  them  until  this  federal  government 
was  established,  and  the  paper  system  adopted. 
Congress  should  not  adroit  that  it  cannot  do 
for  the  citizens  of  the  United  States,  what  so 
many  monarchies  have  done  for  their  subjects. 
Gentlemen,  especiaUy,  who  decry  military  chief- 
tains, should  not  confess  that  they  themselves 
cannot  do  for  America,  what  a  military  chieftain 
did  for  France. 

Mr.  B.  made  his  acknowledgments  to  the 
great  apostle  of  American  liberty  (Mr.  Jeffer- 
son), for  the  wise,  practical  idea,  that  the  value 
of  gold  was  a  commercial  question,  to  be  settled 
by  its  value  in  other  countries.  He  had  seen 
that  remark  in  the  works  of  that  great  man,  and 
treasured  it  up  as  teaching  the  plain  and  ready 
way  to  accomplish  an  apparently  difficult  object; 
and  he  fully  concurred  with  the  senator  from 
South  Carolina  [Mr.  Calhoun],  that  gold,  in  the 
United  States,  ought  to  be  the  preferred  metal ; 
not  that  silver  should  be  expelled,  but  both  re- 
tained ;  the  mistake,  ^f  any,  to  be  in  favor  of 
gold,  instead  of  being  against  it. 

IV.  Mr.  B.  believed  that  it  was  the  intention 
and  declared  meaning  of  the  constitution,  that 
foreign  coins  should  pass  currently  as  money, 
and  at  their  full  value,  within  the  United  States ; 
that  it  was  the  duty  of  Congress  to  promote  the 
circulation  of  three  coins  by  giving  them  their 


full  value  ;  that  this  was  the  design  of  the  ,SUt»i 
in  conferring  upon  Congress  the cxclusire  powtf 
of  regulating  the  vahie  of  these  coins  ;  that  lii 
the  laws  of  Congress  for  preventing  the  cirnilj. 
tion  of  foreign  coing,  and  underrating  their  valiu 
were  so  many  breaches  of  the  constitution.  »n-i 
so  many  mischiefs  inflicted  upon  the  .States  j  anc 
that  it  was  the  boundcn  duty  of  Congress  to  n. 
peal  all  such  laws ;  and  to  restore  foreign  coin, 
to  the  same  free  and  favored  circulation  whicli 
they  pos.'^essed  when  the  federal  constitution  wa« 
adopted. 

In  support  of  the  first  branch  of  his  tint  p.^ 
sition  Mr.  B.  quoted  the  words  of  the  constim. 
tion  which  authorized  Congress  to  regulate  the 
value  of  foreigp  coins ;  secondly,  the  clause  in 
the  constitution  which  authorized  Congress  to 
provide  for  punishing  the  counterfeiting  of  cur- 
rent coin,  in  which  term,  fot'^pi  coin  was  includ- 
ed ;  thirdly,  the  clause  wliioh  prohibited  the  | 
States  from  making  any  thing  but  gold  and  sil- 
ver coin  a  tender  in  payment  of  debts ;  a  clause  I 
which  did  not  limit  the  prohibition  to  domestic 
coins,  and  therefore  included  foreign  onci 
These  three  clauses,  he  said,  were  concurrent 
and  put  foreign  coin  and  domestic  coin  upon  the 
same  precise  footing  of  equality,  in  ever}'  parti- 
cular which  concerned  their  current  circulation  [ 
their  value,  and  their  protection  from  countor- 
feiters.  Historical  recollections  were  thenesil 
evidence  to  which  Mr,  B.  referred  to  sustain  I 
position.  He  said  that  foreign  coins  were  tht  I 
only  coins  known  to  the  United  States  at  the  I 
adoption  of  the  constitution.  No  mint  had  been  I 
established  up  to  that  time.  The  coins  of  other  I 
nations  furnished  the  currency,  the  exclusiTtj 
metallic  currency,  which  the  States  had  used! 
from  the  close  of  the  Revolutionary  War  up  t*  I 
the  formation  of  this  federal  government,  ill 
was  these  foreign  coins  then  which  the  framcnl 
(  the  constitution  had  in  view  when  they  iiy  I 
serted  all  the  clauses  in  the  constitution  whi<li| 
bear  upon  the  value  and  current  circulation  dl 
coin ;  its  protection  from  counterfeiters,  andttej 
prohibitory  restriction  upon  the  States  with  n-l 
spect  to  the  illegality  of  tenders  of  any  thing  «•[ 
cept  of  gold  and  silver.  To  make  this  point  stffij 
plainer,  if  plainer  it  cou!<^.  be  made,  Mr.  B,  jil 
verted  to  the  early  statutes  of  Congress  whiii I 
related  to  foreign  coins.  He  had  seen  no  icil 
than  nine  statutes,  passed  in  the  first  four  yewl 
of  the  action  of  this  federal  government,  all»l 


ASNO  18S4.    ANDREW  JACKSON,  TRFSIDKNT. 


443 


currency,  the  exclusm 


icv:d  for  the  purpose  of  regulating  the  Taluo, 
protecting  the  purity,  and  promoting  the  circu- 
ation  of  these  coins.  N«t  only  the  well-known 
„m  of  the  principal  nations  were  proyided  for 
III  these  statutes,  but  the  coins  of  all  the  nations 
Kith  whom  we  traded,  how  rare  or  small  might 
1^.  the  coin,  or  how  remote  or  inconsiderable 
iiii:ht  be  the  nation.  By  a  general  provision 
„l'thc  act  of  1789,  the  gold  coins  of  all  nations, 
which  equalled  those  of  England,  Frauce,  Spain 
mil  Portugal,  in  fineness,  were  to  be  cuiTent  at 
sllcents  the  pennyweight ;  and  the  silver  coins  of 
ill  nations,  which  equalled  the  Spanish  dollar 
in  tincness,  were  to  be  current  at  111  cents  the 
ounce.  Under  these  general  provisions,  a  great 
inliuz  of  the  precious  metals  took  place ;  doub- 
Ims,  guineas,  half  joes,  were  the  common  and 
familiar  currency  of  fanners  and  laborers,  us 
wdi  as  of  merchants  and  traders.  Every  sub- 
stantial citizen  then  kept  in  his  house  a  pair 
of  small  scales  to  weigh  gold,  which  are  now 
used  by  his  posterity  to  weigh  physic.  It  is  a 
1 1'tat  many  years — a  whole  generation  has 
grown  up— since  these  scaler  were  used  for  their 
original  purpose ;  nor  will  they  ever  bo  needed 
a;;ain  for  that  use  until  the  just  and  wise  laws 
of  '89  and  '90,  for  the  general  circulation  of 
t  ireign  coins,  shall  again  be  put  in  force.  These 
larly  statutes,  added  to  historical  recollections, 
I  could  leave  no  doubt  of  the  true  meaning  of  the 
[constitution,  and  that  foreign  coins  were  intend- 
|(;1  to  be  for  ever  current  within  the  United 
I  States. 

With  this  obvious  meaning  of  the  constitu- 
Ition,  and  the  undeniable  advantage  which  re- 
[dounded  to  the  United  States  from  the  acquisi- 
Ition  of  the  precious  metals  from  all  Ibrcign  na- 
itions,  the  inquiry  naturally  presents  itself,  to 
|kttow  for  what  reason  these  coins  have  been 
outlawed  by  the  Congress  of  the  United  States, 
land  driven  from  circulation  ?     The  inquiring 
nind  wishes  to  know  how  Congress  could  be 
brought,  in  a  few  short  years  after  the  adop- 
tion of  the  constitution,  to  contradict  that  in- 
ptrament  in  a  vital  particular — to  repeal  the 
tine  statutes  which  they  had  passed  in  favor 
pf  foreign  coin — and  to  illegalize  the  circula- 
|ion  of  that  coin  whose  value  they  were  to 
■ei^late,  and  whose  purity  to  protect  ? 
•Sir,  said  Mr.  B.,  I  am  unwilling  to  appear 
klways  in  the  same  train,  tracing  up  all  the 
pils  of  our  currency  to  the  same  fountain  of 


mischiefs — the  intrmlurtion  of  the  p«{H-r  syi 
tern,  and  the  first  extabllNhmcnt  <T  a  federal 
bank  among  us.  liut  justice  mii8t  have  it<t 
sway ;  historical  truth  must  take  its  course ; 
facts  must  be  told;  and  authentic  proof  rhall 
supply  the  place  of  narrative  ami  assertion. 
Wo  ascend,  then,  to  the  year  '91 — to  the  exhi- 
bition of  the  plan  for  the  support  of  publici 
credit — and  see  in  that  plan,  as  one  of  its  fea-' 
turcH,  a  proposition  for  the  establishment  of  a 
national  mint ;  and  in  that  establishment  a 
subsidiary  engine  for  the  support  of  the  federal 
bank.  We  have  already  seen  that  in  the  pro- 
position for  the  establishment  of  the  mint,  gold 
was  largely  undervalued  ;  and  that  this  under- 
valuation has  driven  gold  from  the  country  and 
left  a  vacuum  for  the  circulation  of  federal  bank 
notes ;  we  arc  now  to  see  that  the  same  mint 
establishment  was  to  give  further  aid  to  the 
circulation  of  these  notes,  by  excluding  foreign 
coins,  both  gold  and  silver,  from  circulation, 
and  thus  enlarging  the  vacuum  which  was  to 
be  filled  by  bank  paper.  This  is  what  we  are 
now  to  see ;  and  to  see  it,  we  will  look  at  the 
plan  for  the  support  of  public  credit,  and  tliut 
feature  of  the  plan  which  proposes  the  estab- 
lishment of  a  national  mint. 

Mr.  B.  would  remark,  that  four  points  were 
presented  in  this  plan  :  1.  The  eventual  aboli- 
tion of  the  currency  of  foreign  coins ;  2.  The 
reduction  of  their  value  while  allowed  to  circu- 
late ;  3.  The  substitution  of  domestic  coins; 
and,  4.  The  substitution  of  bank  notes  in  place 
of  the  uncurrent  and  undervalued  foreign  coins. 
Such  were  the  recommendations  of  Secretary 
Hamilton ;  and  legislative  enactments  quickly 
followed  to  convert  his  recommendations  into 
law.  The  only  power  the  constitution  had 
given  to  Congress  over  foreign  coins,  was  a 
power  to  regulate  their  value,  and  to  protect 
them  from  debasement  by  counteifeitcrs.  It 
was  certainly  a  most  strange  construction  of  that 
authority,  first,  to  underrate  the  value  of  these 
coins,  and  next,  to  prohibit  their  circulation ! 
Ytt  both  things  were  done.  The  mint  went  in- 
to operation  in  1794 ;  foreign  coins  were  to  cease 
to  be  a  legal  tender  in  1797  ;  but,  at  the  end  of 
that  time,  the  contingencies  on  which  the  Secre- 
tary <»lculated,  to  enable  the  country  to  do  with- 
out foreign  coins,  had  not  occurred;  the  sub- 
stitutes had  not  appeared;  the  mint  had  not 
suppUed  the  adequate  quantity  of  domestic  coii^ 


:«:.i 


■  .  I 


'Ul 


446 


THIRTi'  YKARS'  VIEW. 


nor  hn<l  the  circulation  of  bnnk  not<?8  become 
»iifliriently  fuiiiiliar  to  the  pt-oplo  to  BiijKTsede 
gold.  Tlif  law  for  tho  exclusion  of  foreign  coin^ 
was  found  tolHjiinpracticoble;  and  a  nuNpension 
of  it  for  three  years  was  enacted.  At  the  end  of 
this  time  the  evil  was  found  to  be  as  ffreat  as 
ever ;  and  a  further  KUf*pcnsion  of  three  years 
was  made.  This  third  term  of  three  years  also 
rolled  over,  the  supply  of  domestic  coins  was 
still  found  to  be  inadequate,  and  tho  people  con- 
tinued to  Ijc  as  averse  a.s  ever  to  tho  bank  note 
substitute.  A  fourth  suspension  of  the  law  be- 
came necessary,  and  in  1800  a  further  suspension 
for  three  years  wiw  made  ;  after  that  a  fifth,  and 
finally  a  sixth  Buapcngion,  each  for  the  jieriod 
of  three  years ;  which  brought  the  period  for  tho 
actual  and  final  cessation  of  the  circulation  of 
foreign  coins,  to  tho  month  of  November,  1819. 
From  that  time  there  was  no  further  suspension 
of  the  prohibitory  act.  An  exception  was  con- 
tinued, and  still  remainSj  in  favor  of  Spanish 
milled  dollars  and  parts  of  do'L.rs ;  but  all  other 
foreign  coins,  even  those  of  Jlexico  and  all  the 
South  American  States,  have  ceased  to  be  a  legal 
tender,  and  have  lost  their  character  of  current 
money  within  the  United  States.  Their  value 
is  degraded  to  the  mint  price  of  bullion ;  and 
thus  the  constitutional  currency  becomes  an  ar- 
ticle of  merchandise  and  exportation.  Even  the 
Spanish  milled  dollar,  though  continued  as  a 
legal  tender,  is  valued,  not  as  money,  but  for  tho 
pure  silver  in  it,  and  is  therefore  undervalued 
three  or  four  per  cent,  and  becomes  an  article  of 
merchandise.  The  Bank  of  the  United  States 
has  collected  and  sold  4,450,000  of  them.  Every 
money  dealer  is  employed  in  buying,  selling,  and 
exporting  them.  The  South  and  West,  which 
receives  them,  is  stripped  of  them. 

Having  gone  through  this  narrative  of  facts, 
and  shown  the  exclusion  of  foreign  coins  from 
circulation  to  be  a  part  of  the  paper  system,  and 
intended  to  facilitate  the  substitution  of  a  bank 
note  currency,  Mr  B.  went  on  to  state  the  in- 
juries resulting  from  the  measure.  At  the  head 
of  these  injuries  he  was  bound  to  place  the  vio- 
lation of  the  constitution  of  the  United  States, 
which  clearly  intended  that  foreign  coins  should 
circulate  among  us,  and  which,  in  giving  Con- 
gress authority  to  regulate  their  value,  and  to 
protect  them  from  counterfeiters,  could  never 
have  intended  to  stop  their  circulation,  and  to 
abandon  them  to  debasement.   2.  He  denounced 


this  exclusion  of  foreign  coins  as  •  fraud,  md  % 
fraud  of  tho  most  injurious  nature,  upon  tu 
people  of  tho  Staton.    Tho  States  hiul  Mim-n. 
dcrcd  their  power  o^er  the  coinage  to  Conpr^p 
they  made  the  surrender  in   languace  which 
clearly  implied  that  their  currency  of  fortlm 
coins  was  to  l)e  ro»itinue<l  to  them;  yet  tl* 
currency  is  suppressed  ;  a  currency  of  intrin>if 
value,  for  which  they  paid  interest  to  nobwlv,  j. 
suppressed ;  and  a  currency  without  intrin^ic 
value,  a  currency  of  paper  subject  to  every  fliir. 
tuation,  and  for  tho  supply  of  which  corponu 
bodies  receive  interest,  is  substituted  in  its  pl,vf. 
3.  Ho  objected  to  this  suppression  as  dcprivinp  I 
the  whole  Union,  and  especially  the  Wesurn 
States,  of  their  due  and  necessary  supply  othnri 
money.    Since  that  law  took  effect,  the  Unite.! 
States  had  only  been  a  thoroughfare  for  forci;^ 
coins  to  pass  through.    All  that  was  brouphi 
into  the  country,  had  to  go  out  of  the  countir. 
It  was  exported  as  fast  as  importe<l.    The  ciiv- 
tom-h(  use  books  proved  this  fact.   They  proved. 
that  fro;a  1821  to  1833,  the  imports  of  specif 
were  $89,428,462 ;  the  exports,  for  the  same  I 
time,  were  $88,821,433 ;  lacking  but  three  qmr[ 
ters  of  a  million  of  being  precisely  equal  to  iIm  I 
imports  !    Some  of  this  coin  was  recoincd  bfl 
fore  it  was  exported,  a  foolish  and  expensive  I 
operation  on  the  part  of  the  United  States ;  ki  I 
the  greater  part  was  exported  in  the  same  fom  I 
that  it  was  received.   Mr.  B.  had  only  been  able  I 
to  get  the  exports  and  imports  from  1821 ;  if  Ik  I 
could  have  obtained  those  of  1820,  and  thecotj 
eluding  part  ot  1819,  when  the  prohibitory  Ih| 
took  effect,  the  amount  would  have  been  about  I 
ninety-six    millions  of  dollars  ;  the  whole  d\ 
which  was  lost  to  the  country  by  the  prohili-l 
tory  law,  while  much  of  it  would  have  \m\ 
saved,  and  retained  for  home  circulation,  if  ill 
had  not  been  for  this  law.    The  loss  of  tliii| 
gi-eat  sum  in  specie  was  an  injury  to  the  v;hm 
Union,  but  especially  to  the  Western  Statal 
whose  sole  resource  for  coin  was  from  fureiji| 
qountries ;  for  the  coinage  of  the  mint  < 
never  flow  into  that  region  ;  there  was  notJiial 
in  the  course  of  trade  and  exchanges,  to  canji 
money  from  the  Atlantic  States  to  the  ^Testl 
and  the  mint,  if  it  coined  thousands  of  miiliotti 
could  not  supply  them.     Tho  taking  effect « 
the  law  in  the  year  1819,  was  an  aggrantial 
of  the  injury.   It  was  the  most  unfortunate  ui| 
ruinous  of  all  times  for  driving  specie  fromthl 


ANNO  1«3I.     ANDREW  JACKSON.  rKI>Il»KNT. 


447 


Ir.  B.  had  only  been  ablt 


f  dollars ;  the  whole  ill 


rtiiintrj'.    The  Western  hankn,  from  their  ex- 
,rt.un«  I"  aid  the  CDuntry  during  the  war,  had 
^iri'tolK'd   their   iKsiies  to   the    utmoRt   limit ; 
thi'ir  notoH  ha<l  (;<'iio  into  the  land  ofllcei ;  the 
f.-lcral  povernnient  tunie<l  them  over  to  the 
lliiik  "f  t'le  United  States  ;  and  that  hank  de- 
iiwn'leil  s|>ecie.    ThuH,  the  necessity  for  §pecie 
wM  increased  at  the  very  moment  that  the  8U{)- 
t'y  na'*  diminished ;  and  the  general  stoppage 
of  ihu  Western  banks,  was  the  inevitable  and 
utural  result  of  these  combined  circnmstanceH. 
IIiiTiiiff  fiiown  the  great  evils  rcHiiUing  to  the 
c'limtry  from  the  operation  of  this  law,  Mr.  B. 
alk'J  upon  its  friends  to  tell  what  reason  could 
uow  be  piven  for  not  ixjpealing  it  ?    He  afBnned 
that,  of  the  two  causes  to  which  the  law  owed 
its  origin,  one  had  failed  /«  toto,  and  the  other 
had  succeeded  to  a  degree  to  make  it  the  curse 
and  the  nuisance  of  the  country.    One  reason 
was  to  induce  an  adequate  supply  of  foreign 
coins  to  be  brought  to  the  mint,  to  bo  rccoin- 
I  i<l;  the  other  to  facilitate  the  substitution  of  a 
,>ank  note  currency.    The  foreign  coins  did  not 
I  go  to  the  mint,  those  excepted  which  were  im- 
I  ported  in  its  own  neighborhood  5  and  even  these 
vrcie  exported  nearly  as  fast  as  recoined.    The 
authority  of  the  director  of  the  mint  had  al- 
1  ready  been  quoted  to  show  that  the  new  coin- 
led  gold  was  transferred  direct  from  the  na- 
Itional  mint  to  the  packet  ships,  bound  to  £u- 
Irope.    The  custom-house  returns  showed  the 
[large  exportation  of  domestic    coins.      They 
Iwould  be  found  under  the  head  of  "  Domestic 
Ijlanufactures  Exported;"  and  made  a  large 
figure  in  the  list  of  these  exports.     In  the 
hear  1832,  it  amounted  to  ^2,05^  474,  and  in 
jthe  year  1833,  to  ^1,410,941 ;  and  every  year 
pt  was  more  or  less ;  so  that  the  national  mint 
had  degenerated  into  a  domestic  manufactory 
bf  gold  and  silver,  for  exportation  to  foreign 
fountries.    But  the  coins  imported  at  New  Or- 
bns,  at  Charleston,  and  at  other  points  re- 
note  from  Philadelphia,  did  not  go  there  to  be 
coined.    They  were,  in  part,  exported  direct 
«m  the  place  of  import,  and  in  part  used  by 
he  people  as  current  money,  in  disregard  of 
he  prohibitory  law  of  1819.     But  the  greater 
art  was  exported— for  no  owner  of  foreign 
oin  could  incur  the  trouble,  risk,  and  expense, 
f  sending  it  some  hundred  or  a  thousand  miles 
Philadelphia,  to  have  it  recoined ;  and  then 
kcurring  the  same  expense,  risk,  and  trouble 


(lying  out  of  the  uco  of  the  money,  and  rwTiT- 
ing  no  interest  all  the  while),  of  brin^'iiig  it 
back  to  Ijo  put  into  riri-ulati<<n  ;  witti  flie  fur- 
ther rixk  of  a  deduction  for  want  of  standard 
tinenenfl  at  the  mint,  uhcn  he  ro\ild  sril  and 
export  it  ujion  the  spot.     Konipn  cr)in«  coidd 
not  l)c  recoined,  so  aH  to  cnpply  the  I'nion,  by 
a  solitary  mint  on  the  Atliintic  coast.     The 
great  Wes-t  could  oidy  he  su|i|)lied  from  New 
Orleans.     A  branch  of  the  mint,  placed  there, 
could  supply  the  West  with    domestic  coins. 
Mexico,  since  she  became  a  free  coiuitry,  has 
established  seven  mints  in  did'trent  placei»,  be- 
t»usc  it  was  troublesome  and  >  xpcnsive  to  car- 
ry bullion  from  nU  parts  of  the  co  ntry  to  lie 
coined  in  the  capital ;  and  when  coined  there, 
there  was  nothing  in  the  course  of  trade  to  car- 
ry them  back  into  the  country ;  and  the  owners 
of  it  would  not  be  at  the  expense  and  trouble 
of  carrying  it  back,  and  getting  it  into  circula- 
tion, being  the  exact  state  of  things  at  present 
in  the  gold  mines  of  the  Southern  States.    The 
United  States,  upon  the  same  princii)les  and  for 
the  same  reasons,  should  establish  branches  of 
the  mint  in  the  South,  convenient  to  the  gold 
mine  region,  and  at  New  Orleans,  for  the  ben- 
efit of  that  city  and  the   West.     Without  a 
branch  of  the  mint  at  New  Orleans,  the  admis- 
sion of  foreign  coins  is  indispensable  to  the 
West ;   and  thus  the  interest  of  that  region 
joins  itself  to  the  voice  of  the  constitution  in 
demanding  the  immediate  repeal  of  all  laws  for 
illegalizing  the  circulation  of  these  coins,  and 
for  sinking  them  from  their  current  value  as 
money,  to  their  mint  value  as  bullion.    The 
design  of  supplying  the  mint  with  foreign  coins, 
for  recoinage,  had  then  failed ;  and  in  that  re- 
spect the  exclusion  of  foreign  coins  has  failed 
in  one  of  its  objects — in  the  >ther,  that  of  mak- 
ing room  for  a  substitute  of  bank  notes,  the 
success  of  the  scheme  has  been  complete,  ex- 
cessive, and  deplorable. 

Foreign  coins  were  again  made  a  legal  tender, 
their  value  regulated  and  their  importation  en- 
couraged, at  the  expiration  of  the  charter  of  the 
first  Bonk  of  the  United  States.  This  continued 
to  be  the  case  until  after  the  present  Bank  of  the 
United  States  was  chartered;  as  soon  «s  that 
event  happened,  and  bank  policy  a'lu'm  became 
predominant  in  the  halls  of  Congiess.  the  cir- 
culation of  foreign  coins  was  again  struck  at 
and,  in  the  second  year  of  the  existeiic  of  th« 


¥i 


I.''* 


j.i- 


1 1*. 

I 

'  Jf 


448 


TimiTV  YKAI'.v  VIKW. 


hank,  tli<-  ol'l  act  of  170.1,  for  n'n<lcrinp  IIwim' 
ciiinH  unciirii'iit.  waH  cairit-il  into  final  nmi  cotu- 
plctfl  f(l'i(  t.  Since  thnt  tirni'  he  hank  lia«  en- 
joyed nil  lici  iiilvnntiips  fi'  u  llii«  txducion. 
The  exjuilsion  of  tliosc  coins  has  created  a 
vociitim,  to  Im*  filled  up  hy  her  smiill  note  cir- 
nihttion ;  the  traflic  and  trade  in  them  han 
Ix-tn  a«  iar^'i'  a  Hoiirce  of  profit  to  her  ax  of 
loss  to  the  country,  fioid  coin  hIic  has  sold  at 
an  advance  of  five  or  hix  per  cent,  j  silver  coin 
at  ahoiit  two  or  three  per  cent.;  and,  her  hand 
being  in,  she  made  no  difTercnce  Itctween  eellinfr 
domestic  coin  and  foreign  coin.  AlthuU|;h  forhid 
by  her  charter  to  deal  in  coin,  kIic  has  employed 
her  branches  to  pather  .^10,040,000  of  coin  from 
the  States ;  a  hv^r  jiari  of  which  slie  admits  tliat 
she  has  i^old  and  transported  to  Europe.  For 
the  sale  of  the  foreign  coin,  she  sets  up  the  law- 
yer-like plea,  that  it  is  not  coin,  but  Inllion ! 
resting  the  validity  of  the  plea  upon  i-ng!ish 
statute  law !  while,  by  the  constitution  of  the 
United  States,  all  foreign  coins  are  coin;  while, 
by  her  own  charter,  the  coins,  both  gold  and 
silver,  of  Great  Britain,  France,  Spain,  and  Por- 
tugal, and  theii  dominions,  are  declared  to  be 
coin  ;  and,  as  such,  mnde  receivable  in  payment 
of  the  specie  proponioi!  ^f  the  bank  stock— ;and, 
worse  yet!  whik  '^pitvii'.^h  dollars,  by  statute, 
remain  the  cuvr.  i,i  tJJn  nf  the  United  States, 
the  bank  admits  ?!:..•  snh;  of  4,450,142  of  these 
identical  Spanish  milled  dollars  I 

Mr.  B.  then  took  a  rapid  view  of  the  present 
condition  of  the  statute  currency  of  the  United 
States — of  that  currency  which  was  a  legal  ten- 
der— that  currency  with  which  a  debtor  had  a 
right  by  law  to  protect  his  property  from  execu- 
tion, and  his  body  from  jail,  by  offering  it  as  a 
matter  of  right,  to  his  creditor  in  payment  of  his 
debt.  lie  stated  this  statute  currency  to  be: 
1st.  Coins  from  the  mint  of  the  United  Sutesj 
2dly.  Spanish  milled  dollars,  and  the  parts  of 
such  dollars.  This  was  the  sum  total  of  the 
statute  currency  of  the  United  States ;  for  hap- 
pily no  paper  of  any  bank,  State  or  federal, 
could  be  made  a  legal  tender.  This  is  the  sum 
total  out  of  which  any  man  in  debt  can  legally 
pay  his  debt :  and  what  is  his  chance  for  making 
payment  out  of  this  brief  list?  Let  us  see. 
Coinage  from  the  mint :  not  a  particle  of  gold, 
nor  a  single  whole  dollar  to  bo  foucd ;  very  few 
half  dollars,  except  in  the  neighborhood  of  the 
mint,  and  in  the  hands  of  the  Bank  of  the  United 


State*  and  its  branchrs;  the  twenty,  it  ii,^. 
five  -vnt  pieces  scarcily  »>fin,  cxcepl  u  t  n. 
rioBity,  iit   the  interior  iwrta  of  the  coiii't 
So  much  for  tlie  di>meRlic  C4)iri«ge.     Ni,«-  j, .  i 
the  Spanish  milled  d<>l'  .,  -   hosr  do  the^  KUr, 
in  the  United  Statet  7     N*?^!  Jy  aa  scarn-  u  ..t.- 
own  dollars;  d  r,  there  ban  been  none  ci.in. ' 
sinee  Sjiain   lost  her  dominion  over  lur  cl, 
nits  in  the  New  World  ;  and  the  coinage  of  tl,i ., 
colonies,  now  independent  States,  neither  h  ,a  i 
law*,  nor  in  fact,  Spanish  milled.     That  Urn 
belonfrs  to  the  coinage  of  the  Spanigh  cruwn 
with  a  Spanish  king's  head  upon  the  face  of  it; 
although  the  coin  of  the  new  States,  tlic  i\U(.  I 
dollars  of  Mexico,  Central  America,  Peru  am] 
Chili,  are  siiiaiior  to  Spanish  dollars,  in  valuf 
l)ecau8e  they  contain  more   pure  silver,  (n,|| 
they  are  not  a  tender;  and  ull  the  francs  SriM\ 
France,  in  a  word,  ull  foreign  coin  except  Spu. 
ish  milled  dollars,  the  coinage  of  which  iiu 
ceased,  and  the  country  stripped  of  all  tlnil 
were  in  it,  by  the  Bank  of  the  United  .St,v, 
are  uncurrent,  and  illegal  as  tenders :  so  tlat 
people  of  the  United  States  are  reduced  t.,  t,\ 
small  a  list,  and  so  F'uall  a  supply  of  gtntutt I 
currency,  out  of  which  debts  can  legally  \A 
paid,  that  it  maybe  fairly  assumed  t'iittliel 
whole  debtor  part  of  the  community  lie  at  tt(| 
mercy  of  their  creditors,  to  have  their  lodial 
sent  to  jail,  or  their  property  sold  for  notlii;c| 
at  any  time  that  their  creditors  please.    !» 
such  a  condition  arc  the  free  and  high-mindttl| 
inhabitants  of  this  country  reduced  I  and  re-f 
duced  by  the  pow-  r  and  policy  of  the  fi   ta 
second  Banks  of  the  United  States,  ana  tui 
controlling  influence  which  they  have  excrcisal 
over  the  moneyed  system  of  the  Union,  fMil 
the  year  1791  down  to  the  present  day. 

Mr.  B.  would  conclude  what  he  had  to  ujj 
on  this  head,  with  one  remark ;  it  was  tiiu: 
that  while  the  gold  and  silver  coin  of  ail  tinl 
monarchs  of  Europe  were  excludi  d  from  circihl 
lation  in  the  United  States,  the  paper  notes  aj 
their  subjects  were  received  as  current  imml 
3'he  Bank  of  the  United  States  was,  in  a  giatl 
degree,  a  foreign  institution.  Foreigners  kdil 
a  great  part  of  its  stock,  and  may  hold  it  till 
The  paper  notes  issued  by  this  institutioathal 
composed  in  great  part  of  the  subjects  of  £iii»l 
pean  kings,  are  made  legal  tenders  to  the  Ul 
eral  government,  and  thus  forced  into  circul^l 
tion  among  the  people ;  while  the  gold  and  sill 


ANNO  1H8I.     AM»!a:\V  JACKSON,   IM5F.>I1»I:NT 


44 :» 


the  twenty,  tiii,  »i,i 
set-n,  except  u  %  <-.. 
arts  <if  the  cm,     t 
ic  C<iii»»Ke.     N'lW  !■• 
,-•  how  do  they  «ur,il 
.".iy  an  Beam-  uu.- 
laa  been  none  coum^i 
ninion  over  htr  ci4,- 
iidtheroinaguoftlK-, 
t  Stated,  neither  in  .3 
I  milled.     That  tern 
of  the  Spanish  crown, 
ad  upon  the  face  of  it; 
new  States,  the  lilver 
ral  America,  Peru,  and 
lanitih  dullant,  in  toIw, 
fioro   pure  eilvcr,  Mill 
md  all  the  francs  fwn  I 
reign  coin  except  Spin- 
coinage  of  which  b 
y  stripped  of  all  tki 
i  of  the  United  Stat.', 
las  tenders:  bo  that  .t 
Itates  are  reduced  I, » 
mil  a  supply  of  staiuk 
h  debts  can  legally  u\ 
nirly  assumed  t'  ut  t!i« 
le  community  lie  at  tkt 
rs,  to  have  their  bodi« 
opcrty  sold  for  nollii; ;. 
r  creditors  please.    lui 
!ie  free  and  high-min(leil| 
untry  reduced !  and  k- 
id  policy  of  the  ii    t  ariii| 
United  States,  hm  ;u 
■hich  they  have  exerci*i 
stem  of  the  Union,  Li\ 
)  the  present  d^y. 
ide  what  he  had  to  mj,] 
ne  remark  ;  it  wm  thl': 
ind  silver  coin  of  all  linl 
yero  excludi.  J  from  cirahl 
Itates,  the  paper  notes  lil 
ceived  as  current  iriuwt.l 
ted  States  was,  in  a  gral 
itution.    Foreigners  klil 
tock,  and  may  hold  it  liij 
id  by  this  institution,  ihnj 
rtof  the  subjects  of  Emol 
>  legal  tenders  to  the  teil 
thus  forced  into  ciroil*! 
le;  while  the  gold  and  sl| 


irffom  of  the  kln(t«  to  whie'>  they  Ulonir.  is 
^Krtfd  and  exriuded,  and  cxi^lKil  from  the  | 
f.iiiit7'     "«   demanded   if  any   tiling   o««ld 
imt.lay  the  vice  and  defimiify  of  the  pnjier  cy  n- 
•em  in  •  more  revolting  and  humiliating  point  1 
,f  ficw  than  tlii*  single  fact  7  | 

V   >fr.  B.  expreosed  his  satisfiu-tion  at  find- 

I 

jnjiomnny  point."  of  concurrence  lietwieii  his  1 
lontimi'nts  on  curt,  icy,  and  those  of  tlie  Bi-na-  I 
tirfroni  South  Candina  (Mr.  Calhoun).     Ue- 
fiim  iif  the  J."  Id  currency — recovery  of  i«pecie 
—ku\»  of  exce-rtive  banking — ami  the  eventual 
^  ipprcH-ion  of  fiinnll  notes — were  all  p<jinlrt  in 
which  I  'y  sgieed,  and  on  which  he  ho|K;d  they 
(hmilJ  lie  found  acting  together  when  these 
moanuroH  should  hi    put  to  the  test  of  I.gi.sla- 
live  action.     Ho  regretted  that  he  could  not 
cdofurwith  that  senator  on  the  great  points  to 
which  all  the  others  might  be  found  to  Ije  subor- 
dinate and  accessorial,     lie  alluded  to  the  pro- 
m^d  existence  of  the  Bank  of  the  United 
Itates!  and  especially  to  the  practical  views 
h  that  senator  had  taken  of  the  beneficial 
>l«ration  of  that  institution,  first,  as  the  regu- 
itor  of  the  local  currencies,  and  next,  as  the 
lupplier  of  a  general  currency  to  the  Union. 
In  loth  these  points,  he  differed — immeasura- 
liy  (liflerc  1— from  that  senator ;  and  dropping 
111  other  views  of  that  bank,  he  (  ame  at  once 
the  point  which  the  senator  from  South  Ca- 
rlioa  marked  out  aa  the  true  and  practical 
pestion  of  debate;   and  would  discuss   that 
pestion  simply  under  its  relation  to  the  cur- 
incT ;  he  would  view  the  bank  simply  as  the 
ilator  of  local  currencies  and  the  supplier 
a  national  currency,  and  would  give  his  rea- 
ms for  ditfering — irreconcilably  diflering — 
im  the  senator  from  South  Carolina  on  these 
lints. 

Mr.  B.  took  three  distinct  objections  to  the 
ink  of  the  United  States,  as  a  regulator  of 
incy :  I,  that  thi.s  was  a  power  which  he- 
lped to  the  government  of  the  United  States ; 
that  it  could  not  be  delegated;   3,  that  it 
;ht  not  be  delegated  to  any  bank. 
,  The  regulation  of  the  currency  of  a  nation, 
B.  said,  was  one  of  the  highest  and  most 
licate  acts  of  sovereign  power.    It  was  pre- 
ily  equivalent  to  tha  power  to  create  cur- 
icy ;  for,  a  power  to  make  more  or  less,  was, 
•effect,  a  power  to  make  much  or  none.    It 
the  coining  power ;  a  power  that  belonge'' 

Vol.  I.— 29 


preventing-  a: 
lieing  mn<: 
is  by  the  • 
federal  govi 
of  the  Union 


M!t 


tn  the  iiovercign  ;  and,  whero  a  |M|M>r  currency 
WM  tolerated,  the  coining  |Hiwer  wax  swallow 
ed  up»nd«iiiier»ed<  d  by  the  manufAi'tiTy  «  hirh 
emitted  |hi|>(.t.  In  itn'  pre^n-nt  slate  ^f  the  cur- 
rency of  the  United  .Stalen,  the  federal  bank 
was  the  mint  for  it<!<uing  money  ;  the  fediTnl 
mint  was  a  inauiifactMry  for  pr<  p,-»nng  gold  and 
silver  for  exportation.  The  .'States,  in  the  for- 
mation of  the  constitution,  giiM-  the  coiiiiu^j 
|)<)wer  t"  Congress  ;  with  that  |)<)Wi'r.  they  gave 
authority  to  regulate  the  currency  of  the  Union, 
by  regulating  fhi  iilue  of  gold  and  Hilver.  and 
'  hut  metallic  money  from 
"nyment  of  debt**.  It, 
se  powers  that  the 
icgulate  the  currency 
u  all  ilie  departments  <>f  th» 
government  are  refpiiied  to  act  their  jiarts  in 
effecting  the  regulation :  the  Congress,  as  the 
department  that  passes  the  law ;  the  Tresident. 
as  the  authority  that  recommends  it,  approves 
it,  and  sees  that  it  is  faithfully  executed  ;  tlio 
judiciary,  as  standing  between  the  debtor  and 
creditor,  and  preventing  the  execution  fnmi  be- 
ing discharged  by  any  thing  but  gold  and  silver 
and  that  at  the  rate  which  the  legislative  de- 
partment has  fixed.  This  is  the  power,  and  solo 
power,  of  regulating  currency  which  the  federal 
constitution  contains ;  this  power  is  vested  in 
the  federal  government,  not  in  one  department 
of  it,  but  in  the  joint  action  of  the  three  de- 
partments ;  and  while  his  power  is  exercised 
by  the  government,  tin  currency  of  the  whole 
Union  will  be  regulated,  and  the  regulation  ef- 
fected according  to  the  intention  of  the  consti- 
tution, by  keeping  all  the  local  banks  up  to  the 
point  of  specie  payment ;  and  thereby  making 
the  value  of  their  notes  equivalent  to  specie. 

2.  .This  great  and  delicate  power,  thus  involv- 
ing the  sacred  relations  of  debtor  and  creditor, 
and  the  acttial  rise  or  fall  in  the  value  of  every 
man's  property,  Mr.  B.  undertook  to  affirm, 
could  not  be  delegated.  It  was  a  trust  from 
the  State  governments  to  the  federal  govern- 
ment. The  State  governments  divested  them- 
selves of  this  power,  and  invested  the  federal 
government  with  it,  and  made  it^s  exercise  de- 
pend  upon  the  three  branches  of  the  new  gov 
emment ;  and  this  new  government  could  no 
more  delegate  it,  than  they  could  delegate  any 
other  great  power  which  they  were  bound  to 
execute  themselves.     Not  a  word  of  this  rcgu 


I  4- 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1.25 


I^|2j8     |25 

|io  ""^     IMH 

■»  Uii   |2.2 
2.0 


us 
lit 

u 


IM 


I 


ii4  Illli4 


1^ 


Hiotographic 

Sciences 

Corporation 


\ 


^ 


SJ 


<^ 


\ 


23  WEST  MAIN  STRUT 

WiBSTIR,N.Y.  14SI0 

(716)t72-4S03 


vV 


.1 


*1 


450 


THIRTY  YEARS'  VIEW. 


')     f' 


la'.inf;  power,  Mr.  B.  said,  was  heard  of  when 
the  first  bank  was  chartered,  in  the  year  1791. 
No  person  whispered  such  a  reason  for  the  es- 
tablishment of  a  bank  at  that  time ;  the  whole 
conception  is  newfangled — an  afterthought — 
growing  out  of  the  very  evils  which  the  bank 
itself  has  brought  iipon  the  country,  and  which 
nro  to  1)6  cured  by  putting  down  that  great 
bank ;  after  which,  the  Congress  and  the  judi- 
ciary will  easily  manage  the  small  banks,  by 
holding  them  up  to  specie  payments,  and  ex- 
cluding every  unsolid  note  from  revenue  pay- 
ments. 

3.  Mr.  B.  said  that  the  government  ought  not 
to  delegate  this  power,  if  it  could.  It  waB  too 
great  a  power  to  be  trusted  to  any  banking 
company  whatever,  or  to  any  authority  but  the 
highest  and  most  responsible  which  was  known 
to  our  form  of  government.  The  government 
itself  ceased  to  oe  independent — it  ceases  to  be 
safe — when  the  national  currency  is  at  the  will 
of  a  company.  The  government  can  undertake 
no  great  enterprise,  neither  of  war  nor  peace, 
without  the  consent  and  co-operation  of  that 
company ;  it  cannot  count  its  revenues  for  six 
months  ahead  without  referring  to  the  action 
of  that  company — its  friendship  or  its  enmity — 
its  concurrence  or  opposition — to  see  how  &r 
that  company  will  permit  money  to  be  plenty, 
or  make  it  scarce ;  how  far  it  will  let  the  mo- 
neyed system  go  on  regularly,  or  throw  it  into 
disorder ;  how  far  it  will  suit  the  interests,  or 
policy,  of  that  company  to  create  a  tempest,  or 
to  suffer  a  calm,  in  the  moneyed  ocean.  The 
people  are  not  safe  when  a  company  has  such  a 
power.  The  temptation  is  too  great — the  op- 
portunity too  easy — to  put  up  and  put  down 
prices ;  to  make  and  break  fortunes ;  to  bring 
the  whole  community  upon  its  knees  tp  the 
Neptunes  who  preside  over  the  flux  and  reflux 
of  paper.  All  property  is  at  their  mercy.  The 
price  of  real  estate— of  every  growing  crop— 
of  every  staple  article  in  market — is  at  their 
command.  Stocks  are  their  playthings — their 
gambling  theatre — on  which  they  gamble  daily, 
with  as  little  secrecy,  anil  as  little  morality, 
and  far  more  mischief  to  fortunes,  than  common 
gamblers  carry  on  their  operations.  The  philo- 
sophic Voltaire,  a  century  ago,  from  his  retreat 
in  Ferncj-,  pave  a  lively  description  of  this  oper- 
ation, by  which  he  was  made  a  winner,  without 
the  t,ruuble  of  playing.    I  have  a  friend,  said 


he,  who  is  a  director  in  the  Bank  ot  VnoKx, 
who  writes  to  mo  when  they  are  going  to  nuke 
money  plenty,  and  make  stocks  rise,  and  then  1 
give  orders  to  my  broker  to  sell ;  and  ho  writes 
to  me  when  they  are  going  to  make  moner 
scarce,  and  make  stocks  full,  and  then  1  write  to 
my  broker  to  buy;  and  thus,  at  a  hundred 
leagues  from  Paris,  and  without  moving  from  mr 
chair,  I  make  money.  This,  said  Mr.  B.,  is  the 
operation  on  stocks  to  the  present  day ;  and  it 
cannot  be  safe  to  the  holders  of  stock  that  thert 
should  be  a  moneyed  power  great  enough  in  thij 
country  to  raise  and  depress  the  prices  of  their 
property  at  pleasure.  The  great  cities  of  tlie  j 
Union  are  not  safe,  while  a  company,  in  mr 
other  city,  have  power  over  their  moneyed  sys- 
tem, and  are  able,  by  making  money  scarce  or 
plenty — by  exciting  panics  and  alarms— to  pot 
up,  or  put  down,  the  price  of  the  staple  articia 
in  which  they  deal.  Every  commercial  city,  lor 
its  own  safety,  should  have  on  independent  mo- 1 
neyed  system— should  be  free  from  the  control  I 
and  regulation  of  a  distant,  possibly  a  rival  dtrj 
in  the  means  of  carrying  on  its  own  tnde,! 
Thns,  the  safety  of  the  government,  the  safety  o(  I 
the  people,  the  interest  of  all  owners  of  propertrl 
— of  all  growing  crops — the  holders  of  all8t«(ki| 
— the  exporters  of  all  staple  articles— requiitl 
that  the  r^ulation  of  the  currency  should  lil 
kept  out  of  the  hands  of  a  great  banking  co»l 
pany ;  that  it  should  remain  where  the  conttiti  [ 
tion  placed  it — in  the  hands  of  the  fedenl  ^| 
vernment— in  the  hands  of  their  representatini 
who  are  elected  by  them,  responsible  to  tixal 
may  be  exchanged  by  them,  who  can  pass  ml 
law  for  regulating  currency  which  will  notlxi| 
upon  themselves  as  well  as  upon  their  constin 
ents.  Thin  is  what  the  safety  of  the  oommu 
requires ;  and,  for  one,  he  (Mr.  B.)  would  i 
if  he  could,  delegate  the  power  of  regulating  H 
currency  of  this  great  country  to  any  banks^ 
company  whatsoever.  It  was  a  power  too  t 
mendous  to  be  trusted  to  a  company. 
States  thought  it  too  great  a  power  to  be  tn 
to  the  State  governments ;  he  (Mr.  B.)  thc3| 
BO  too.  The  StateB  confided  it  to  the  fedenl; 
vernment ;  he,  for  one,  would  confine  it  to  ll 
federal  government,  and  would  make  that  ( 
vernment  exercise  it.  Above  all,  he  would  i 
confer  it  upon  a  bank  which  was  itself  i 
regulation ;  and  on  this  point  he  called  i 
the  Senate  to  recollect  the  question,  app 


ANN'O  1884.     ANDREW  JACKSON,  PRKSIDEST. 


451 


the  nank  ot  t'naa, 
icy  arc  going  to  make 
stocks  nee.  and  then  1 
to  Bell ;  and  he  write 
;oing  to  make  nwnev 
all,  and  then  I  write  to 
d  thus,  at  a  hundred 
ithout  movinu  from  my 
'his,  Raid  Mr.  B.,  is  tbe 
ho  present  day ;  and  it 
ders  of  stock  that  thett 
(ver  great  enough  in  thii 
[)rcsB  the  prices  of  their 
rhe  great  cities  of  \k 
\x\\e  a  company,  in  iny 
over  their  moneyed  sjs- 
naking  money  scarce  or 
inics  and  alarms— to  jmi 
rice  of  the  staple  artidei 
Ivery  commercial  city,  for  I 
have  an  independent  no 
[  be  free  from  the  contwi  I 
itant,  possibly  a  rival  otj,  I 
rying  on  its  own  tr»<ie.l 
government,  the  safety  d  I 
t  of  all  owners  of  property  I 
,— the  holders  of  all  stodil 
11  staple  articles— tequin  I 
)f  the  currency  should  bil 
Is  of  a  great  banking  co»l 
remain  whc^  the  coMtiti  I 
e  hands  of  the  federal  ^1 
ids  of  their  represenUtiwI 
;hem,  responsible  to  tlxtl 
,y  them,  vfho  can  pass  ml 
rrency  vrhich  vyill  notlxil 
ivell  as  upon  their  constin 
he  safety  of  the  oommu  " 
ne,he(Mr.B.)wouldi 
the  power  of  regulatin|E« 
eat  country  to  any  banl"^ 
r.    It  was  »  power  toot 
isted  to  a  company, 
o  great  a  power  to  bet 
ments;  he(Mr.B.)thq 
eonfldedittothefedenlf 
jne,  would  confine  itUif 
^  and  would  make  thilf 
it.    Above  all,  he 'vould' 
bank  which  was  itself  i' 
a  this  point  he  called  i 
llect  the  question,  app- 


trite,  but  replete  with  profound  sagacity— that 
rspicity  which  it  belongs  to  great  men  to  pos- 
fc!»,  and  to  express — which  was  put  to  the  Con- 
cress  of  181C,  when  this  bank  charter  was  under 
tliseussion,  and  the  regulation  of  the  currency 
was  one  of  the  attributes  with  which  it  was  to 
he  invested;  ho  alluded  to  his  late  esteemed 
Friend  (Mr.  Randolph),  and  to  his  call  upon  the 
House  to  tell  him  who  was  to  bell  the  cat  ? 
That  single  question  contains  in  its  answer,  and 
in  its  allusion,  the  exact  history  of  the  people  of 
the  United  States,  and  of  the  Bank  of  the  United 
States,  at  this  day.  It  was  a  flash  of  lightning 
into  the  dark  vista  of  futurity,  showing  in  18IG 
what  we  all  see  in  1834, 

Mr.  B.  took  up  the  second  point  on  which  ho 
diMgrecd  with  the  Senator  from  South  Carolina 
[Mr.  Calhoun],  namely,  the  capacity  of  the  Bank 
iif  the  United  States  to  supply  a  general  cur- 
rency to  the  Union.    In  handling  this  question 
lie  would  drop  all  other  inquiries— lay  aside 
:  every  other  objection— overlook  every  consider- 
atic.i  of  the  constitutionality  and  expediency  of 
I  the  bank,  and  confine  himself  to  the  strict  ques- 
tion of  its  ability  to  difiiise  and  retain  in  circu- 
lation a  paper  currency  over  this  extended  Union. 
I  He  would  come  to  the  question  as  a  banker 
Iwoald  come  to  it  at  his  table,  or  a  merchant  in 
this  counting-room,  looking  to  the  mere  operation 
lof  a  money  system.    It  was  a  question  for  wi^e 
|nicn  to  think  of,  and  for  abler  men  than  himself 
|lo  discuss.    It  involved  the  theory  and  the  sci- 
ifiice  of  banking — Mr.  B.  would  say  the  philoso- 
phy of  banking,  if  such  a  term  could  be  applied 
lo  a  moneyed  system.    It  was  a  question  to  be 
^tudied  as  the  philosopher  studies  the  laws  which 
»Tem  the  material  world — as  he  would  study 
|he  laws  of  gravitation  and  attraction  which 
cvem  the  movements  of  the  planets,  or  draw 
he  waters  of  the  mountains  to  the  level  of  ihe 
leia.    The  moneyed  system,  said  Mr.  B.,  has  its 
^WB  of  attraction  and  gravitation — of  repulsion 
id  adhesion ;  and  no  man  may  be  permitted  to 
bdulge  the  hope  of  establishing  a  moneyed  sys- 
pm  contrary  to  its  own  laws.    The  genius  of 
pan  has  not  yet  devised  a  bank — the  historic 
Kie  is  yet  to  be  written  which  tells  of  a  bank 
kvhich  has  diffused  over  an  extensive  country, 
|id  retained  in  circulation,  a  general  paper  cur^ 
ncy.    England  is  too  small  a  theatre  for  a 
Implete  example ;  but  even  there  the  impossi- 
lity  is  confessed,  and  has  been  confessed  for  a 


centiirj'.  The  Bank  of  England,  in  her  prt?atc»t 
day  of  pre-eminence,  could  not  fiimiNh  a  general 
currency  for  England  alone — a  territory  not 
larger  than  Virginia.  The  country  banks  fur- 
nished the  local  paper  currency,  and  still  furnish 
it  as  far  as  it  is  used.  They  carried  on  their 
banking  upon  Bank  of  England  notes,  until  tin; 
gold  currency  was  restored;  and  local  paper 
formed  the  mass  of  local  circulation.  The  notes 
of  the  Bank  of  England  flowed  to  the  great 
commercial  capitals,  and  made  but  brief  sojourn 
in  the  counties.  But  England  is  not  a  fair  ex- 
ample for  the  United  States ;  it  is  too  small ;  a 
fairer  example  is  to  be  found  nearer  home,  in  oui 
own  country,  and  in  this  very  Bank  of  the  United 
States  which  is  now  existing,  and  in  favor  of 
which  the  function  of  supplying  a  general  cur- 
rency to  this  extended  confederacy  is  claimed. 
We  have  the  experiment  of  this  bank,  not  once, 
but  twice  made;  and  each  experiment  proves 
the  truth  of  the  laws  which  govern  the  system. 
The  theory  of  bank  circulation,  over  an  extended 
territory,  is  this,  that  you  may  put  out  as  many 
notes  as  you  may  in  any  one  place,  they  will 
immediately  fall  into  the  track  of  commerce — 
into  the  current  of  trade — bto  the  course  of  ex- 
change— and  follow  that  current  wherever  it 
leads.  In  these  United  States  the  current  sets 
from  every  part  of  the  interior,  and  especially 
from  the  South  and  West  into  the  Northeast— 
into  the  four  commereial  cities  north  of  the 
Potomac;  Baltimore,  Philadelphia,  New- York, 
and  Boston :  and  all  the  bank  notes  which  will 
pass  for  money  in  those  places,  fall  into  the  cur- 
rent which  sets  in  that  direction.  When  there, 
there  is  nothing  in  the  course  of  trade  to  bring 
them  back.  There  is  no  reflux  in  that  current ! 
It  is  a  trade-wmd  which  blows  twelve  months  in 
the  year  in  the  same  direction.  This  is  the 
theory  of  bank  circulation  over  extended  terri- 
tory; and  the  history  of  the  present  bank  is  an 
exemplification  of  the  truth  of  that  theory. 
Listen  to  Mr.  Cheves.  Read  his  report  made  to 
the  stockholders  at  their  triennial  meeting  in 
1822.  He  stated  this  law  of  circulation,  and 
explained  the  inevitable  tendency  of  the  branch 
bank  notes  to  flow  to  the  Northeast ;  the  impos- 
sibility of  preventing  it ;  and  the  resolution  which 
he  had  taken  and  executed,  to  close  all  the 
Southern  and  Western  branches,  and  prevent 
them  from  issuing  any  more  notes.  Even  while 
issuing  their  own  notes,  they  had  so  far  forgot 


452 


THIRTY  YEARS*  VIEW. 


:?::-) 


their  charter  u  to  carry  on  operations,  in  part, 
upon  the  noteH  of  the  local  bonkit — having  col- 
lected those  notes  in  great  quantity,  and  loaned 
them  out.  This  was  reported  by  the  investiga- 
ting committee  of  1810,  and  made  one  of  the 
charges  of  misconduct  against  the  bank  at  that 
time.  To  counteract  this  tendency,  the  bank 
applied  to  Congress  for  leave  to  issue  their  bank 
notes  on  terms  which  would  have  made  them  a 
mere  local  currency.  Congress  refused  it ;  but 
the  bank  is  now  attempting  to  do  it  herself^  by 
refusing  to  take  the  notes  received  in  payment 
of  the  federal  revenue,  and  sending  it  back  to  be 
paid  where  issued.  Such  was  the  history  of  the 
branch  bank  notes,  and  which  caused  that  cur- 
rency to  disappear  from  all  the  interior,  and  from 
the  whole  South  and  West,  so  soon  after  the 
bank  got  into  operation.  The  attempt  to  keep 
out  branch  notes,  or  to  send  the  notes  of  the 
mother  bank  to  any  distance,  being  found  im- 
practicable, there  was  no  branch  currency  of 
any  kind  in  circulation  for  a  period  of  eight  or 
nine  years,  until  the  year  1827,  when  the  branch 
checks  were  invented,  to  perform  the  miracle 
which  notes  could  not.  Mr.  B.  would  say  no- 
thing about  the  legality  of  that  invention ;  he 
would  now  treat  them  as  a  legal  issue  under  the 
charter;  and  in  that  most  favorable  point  of 
view  for  them,  he  would  show  that  these  branch 
checks  were  nothing  but  a  quack  remedy — an 
empirical  contiivance — which  made  things  worse. 
By  their  nato  y  were  as  strongly  attracted 

to  the  Northe  the  branch  notes  had  been ; 

by  their  terms  >.ney  were  still  more  strongly 
attracted,  for  they  bore  Philadelphia  on  their 
face  1  tlvay  were  payable  at  the  mother  bank ! 
r.ad,  of  course,  would  naturally  flow  to  that  place 
for  use  or  payment.  This  was  their  destiny, 
and  most  punctually  did  they  fulfil  it.  Never 
did  the  trade-winds  blow  more  truly — never  did 
the  gulf  stream  flow  more  regularly — than  those 
checks  flowed  to  the  Northeast  I  The  average 
of  four  years  next  ensuing  the  invention  of  these 
checks,  which  went  to  tho  mother  bank,  or  to 
the  Atlantic  branches  north  of  the  Potomac,  in- 
cluding the  branch  notes  which  flowed  with  them, 
was  about  nineteen  millions  of  dollars  per  an- 
num !  Mr.  B.  then  exhibited  a  table  to  prove 
what  he  alleged,  and  from  which  it  appeared  that 
tlie  flow  of  the  branch  paper  to  the  Northeast 
was  as  regular  and  uniform  as  an  operation  of 
nature ;  that  each  city  according  to  its  commer- 


cial importance,  received  a  greater  or  le.iR  pnv 
portion  of  this  inland  paper  gulf  stream ;  and 
that  the  annual  variation  was  so  slight  as  onlv 
to  prove  the  regularity  of  the  laws  by  which  it 
was  governed.  The  following  is  the  table  whicli 
he  exhibited.  It  was  one  of  the  tabular  gtat^ 
mentfl  obtained  by  the  investigating  committe« 
in  18.52: 

Amount  of  Branch  Bank  Paper  rtceivetl  at- 


ma 

1629.             1S80, 

K-!! 

1.  New-York, . 

11,988,860 

11.294,980    9,168.870 

li.'i'ittiJ 

2.  rbllsdel|jliia, 

4,4S3,150 

»,10C,935    4,67».--.i5 

Mi!)>.i.) 

8.  Booton,    .    , 

1.010,730 

1,844.170    1.794.750 

1,8I6,», 

4.  Baltimore,  . 

1,487,100 

18,888,830 

1,420,860    1.876,320 

L-Wi.)!-) 

18,G66,47B  16,919,160 

2I,0W,2;i« 

After  exhibiting  this  table,  and  taking  it  for 
complete  proof  of  the  truth  of  the  theory  wliich 
he  had  laid  down,  and  that  it  demonstrated  the 
impossibility  of  keeping  up  a  circulation  of  the 
United  States  Bank  paper  in  the  remote  and 
interior  parts  of  the  Union,  Mr.  B.  went  on  tc 
say  that  the  story  was  yet  but  half  told— tk 
mischief  of  this  systematic  flow  of  national  cur- 
rency to  tho  Northeast,  was  but  half  disclostd; 
another  curtain  was  yet  to  be  lifted — another 
vista  was  yet  to  be  opened — and  the  effect  of 
the  system  upon  the  metallic  currency  of  tb  I 
States  was  to  be  shown  to  the  people  and  thf 
States.    This  view  would  show,  that  as  fast  u 
the  checks  or  not'>s  of  any  branch  wci-c  taken  up 
at  the  mother  bank,  or  at  the  branches  north  oi'  I 
the  Potomac,  an  account  was  opened  against  the 
branch  from  which  they  came.    The  brancii  m 
charged  with  the  amoimt  of  the  notes  or  chccb 
taken  up ;  and  periodically  served  with  a  copy 
of  the  account,  and  commanded  to  send  on  spea  I 
or  bills  of  exchange  to  redeem  them.    "Wm  I 
redeemed,  they  were  remitted  to  the  branch  fron  I 
which  they  came ;  while  on  the  road  they  TrtttI 
called  notes  in  transitu ;  and  when  arrived  therj 
were  put  into  circulation  again  at  that  plaoy  [ 
fell  into  the  current  immediately,  which  carried  I 
them  back  to  the  Northeast—there  taken  upl 
again,  charged  to  the  branch — the  branch  rf-l 
quired  to  redeem  them  again  with  specie  orbi 
of  exchange ;  and  then  returned  to  her,  to  ii| 
again  put  into  circulation,  and  to  undergo  a^l 
and  again,  and  until  the  branch  could  no  loi^l 
redeem  them,  the  endless  process  of  fluwin^ul 
the  Northeast.    The  result  of  the  whole  vm\ 
and  for  ever  will  be,  that  the  branch  will  haul 
to  redeem  its  circulation  till  redemptioD  i>  iBI 


ANNO  1834.     ANDREW  JACKSON',  PRESIDENT. 


453 


;  Paper  receitetl  ai- 


,666,4TB  16,919,160    i\,m.Vli 

table,  and  taking  it  fur 
iith  of  the  theory  wlikh 
hat  it  demonstrated  the 
'  up  a  circulation  of  the 
iper  in  the  remote  and 
nion,  Mr.  B.  went  on  tc 
yet  but  half  told— tht 
itic  flow  of  national  cur- 
was  but  half  di8clo$«(l; 
ret  to  be  lifted— anothit 
oened — and  the  effect  of 
metallic  currency  of  tht 
■n  to  the  people  and  tl» 
uld  ehow,  that  as  fast  a 
iny  branch  were  taken  up 
at  the  branches  north  oi 
nt  was  opened  against  tht 
jy  came.    The  branch  to 
int  of  the  notes  or  chccb 
ically  served  with  a  copy 
nmanded  to  send  on  pp«a 
to  redeem  them.    AVoei 
emitted  to  the  branch  from 
iile  on  the  road  they  WR 
a ;  and  when  arrived  thej  I 
tion  again  at  that  placi>- 1 
lumediately,  which  carriwl 
ortheafitr-there  taken  ujl 
le  branch— the  branch  n-l 
m  again  with  specie  or  hill 
tea  returned  to  her,  to  li| 
ition,  and  to  undergo  Bfiaj 
the  branch  could  no  1 
dless  process  of  flowinjul 
result  of  the  whole  w^ii| 
,that  the  branch  will  h««l 
Ition  till  redemptioD  is » I 


nossiblc;  until  it  has  exhausted  the  country  of 
in  gpccto ;  and  then  the  country  in  which  the 
liranch  is  situated  is  worse  oif  than  liefore  she 
liad  a  branch ;  for  sho  had  neither  notes  nor  specie 
lift.  Mr.  B.  said  that  this  was  too  important  a 
view  of  the  case  to  be  rested  on  argument  and 
assertion  alone ;  it  required  evidence  to  vanquish 
incrcilullty,  and  to  prove  it  up ;  and  that  cvi- 
(loncc  was  at  hand.  He  then  referred  to  two 
tables  to  show  the  amount  of  hard  money  which 
the  mother  bank,  under  the  operation  of  this 
system,  had  drawn  from  the  States  in  which  her 
branches'  were  situated.  All  the  tables  were  up 
to  the  year  1831,  the  period  to  which  the  last 
investigating  committee  had  brought  up  their 
inquiries.  One  of  these  statements  showed  the 
amount  abstracted  from  the  whole  Union;  it 
tras  $40,040,622  20;  another  showed  the  amount 
taken  from  the  Southern  and  Western  States  ; 
it  was  $22,523,387  94;  another  showed  the 
amount  taken  from  the  branch  at  New  Orleans ; 
it  was  512,815,758  10.  Such,  said  Mr.  B.,  has 
ocen  the  result  of  the  experiment  to  diffuse  a 
national  paper  currency  over  this  extended 
Union.  Twice  in  eighteen  years  it  has  totally 
failed,  leaving  the  country  exhausted  of  its  spe- 
cie, and  destitute  of  paper.  This  was  proof 
enough,  but  there  was  still  another  mode  of 
proviDg  the  same  thing;  it  was  the  fact  of 
the  present  amount  of  United  States  Bank  notes 
i  in  circulation.  Mr.  B.  had  heard  with  pain  the 
lissertion  made  in  so  many  memorials  presented 
to  the  Senate,  that  there  was  a  great  scarcity  of 
currency ;  that  the  Bank  of  the  United  States 
had  been  obliged  to  contract  her  circulation  in 
(consequence  of  the  removal  of  the  deposits,  and 
[that  her  notes  had  become  so  scarce  that  none 
Icould  be  found ;  and  strongly  contrasting  the 
Iprcsent  dearth  which  now  prevails  with  the 
labundant  plenty  of  these  notes  which  reigned 
lover  a  happy  land  before  that  fatal  measure  came 
Ito  blast  a  state  of  unparalleled  prosperity.  The 
^ct  was,  Mr.  B.  said,  that  the  actual  circulation 
JDf  the  bank  is  greater  now  than  it  was  before 
pe  removal  of  the  deposits ;  greater  than  it  has 

en  in  any  month  but  one  for  upwards  of  a 
iTear  past  The  discounts  were  diminished,  he 
I  aid,  but  the  circulation  was  increased. 

Mr.  B.  then  exhibited  a  table  of  the  actual 
Circulation  of  the  Bank  of  the  United  States  for 
^e  whole  year  1833,  and  for  the  two  past  months 

'  the  present  year ;  and  stated  it  to  be  taken 


from  the  monthly  titAtcraents  of  the  bank,  as 
printed  and  laid  upon  the  tables  of  memberx.  It 
was  the  net  circulation — the  quantity  of  notes 
and  checks  actually  out—excluding  all  that  were 
on  the  road  returning  to  the  brancli  banks, 
called  notes  in  transitu,  and  which  would  not 
be  counted  till  again  insucd  by  the  branch  t« 
which  they  were  returned. 


Tltefolluwing  it 

the  table : 

January,  1833,    . 

.  S17,6f.f),444 

Febniary,     "     .     . 

.  18,384,050 

March,          »  .     . 

.    18,083,205 

April,           «    .    . 

.  18,384,075 

May,            «  .    . 

.    18,991.200 

June,            "    .    . 

.  19,360,555 

July,            ".    . 

.     18,890,505 

August,        "    .    . 

.  18,413.287 

September,  '•  .    . 

.    19,128,189 

October,       "    .    . 

.  18,518,000 

November,   "  .    . 

.    18,650,912 

December,    "    .    . 

.  not  found. 

January,  1834,     . 

.    19,208,375 

February,     "    .    . 

.  19,200,472 

By  comparing  the  circulation  of  each  month, 
as  exhibited  on  this  table,  Mr.  B.  said,  it  would 
be  seen  that  the  quantity  of  United  States  Bank 
notes  now  in  circulation  is  three  quarters  of  u 
million  greater  than  it  was  in  October  last,  and 
a  million  and  a  half  greater  than  it  was  in  Jan- 
uary, 1833.  How,  then,  are  we  to  account  for 
this  cry  of  no  money,  in  which  so  many  respec- 
table men  join  ?  It  is  in  the  single  fact  of  their 
flow  to  the  Northeast.  The  pigeons,  which 
lately  obscured  the  air  with  their  numbers, 
have  all  taken  their  flight  to  the  North !  But 
pigeons  will  return  of  themselves,  whereas  these 
bank  notes  will  never  return  till  they  are  pur- 
chased with  gold  and  silver,  and  brought  back. 
Mr.  B.  then  alluded  to  a  petition  from  a  meet- 
ing in  his  native  State,  North  Carolina,  and  in 
wliich  one  of  his  esteemed  friends  (Mr.  Carson) 
late  a  member  of  the  House  of  Representatives, 
was  a  principal  actor,  and  which  stated  the  ab- 
solute disappearance  of  United  States  Bank 
notes  from  all  that  region  of  country.  Certain- 
ly the  petition  was  true  in  that  statement ;  but 
it  is  equally  true  that  it  was  mistaken  in  sup- 
posing that  the  circulation  of  the  bank  was  di- 
minished. Tho  table  ^-hich  he  had  read  had 
shown  the  contrary ;  it  showed  an  increase,  in« 


.«)* 


I 


4i;4 


THIRTY  YEAKS*  VIE\V. 


■i  , 


Ktcoil  of  a  diminution,  of  the  circulation.  The 
only  dilFcrcnco  was  that  it  had  all  left  that  part 
of  the  country,  and  that  it  would  do  for  ever ! 
If  a  hundred  millionH  cf  United  States  Bank 
iioteB  were  carried  to  the  upper  parts  of  North 
Carolina,  and  put  into  circulation,  it  would  be 
)>ut  a  short  time  before  the  whole  would  have 
fjtilen  into  the  curn-nt  which  sweeps  the  paper 
of  that  bank  to  the  Nortlieast.  Mr.  B.  said 
there  were  four  other  classes  of  proof  which  he 
could  bring  in,  but  it  would  be  a  consumption 
of  time,  and  a  work  of  supererogation.  lie 
would  not  detail  them,  but  state  their  heads : 

1.  One  was  the  innumcniblo  orders  which  the 
mother  bank  had  forwarded  to  her  branches  to 
send  on  specie  and  bills  of  exchange  to  redeem 
their  circulation — to  pour  in  reinforcements  to 
the  points  to  which  their  circulation  tends  ; 

2.  Another  was  in  the  examination  of  Mr.  Bid- 
die,  president  of  the  bank,  by  the  investigating 
committee,  in  1832,  in  which  this  absorbing 
tendency  of  the  branch  pajwr  to  flow  to  the 
Northeast  was  fully  charged  and  admitted  ; 
S.  A  third  was  in  the  monthly  statement  of  the 
notes  ill  tramitu,  which  amount  to  an  average 
of  four  millions  and  a  half  for  the  last  twelve 
months,  making  fifty  millions  for  the  year ;  and 
which  consist,  by  far  the  greater  part,  of  branch 
notes  and  checks  redeemed  in  the  Northeast, 
purchased  back  by  the  branches,  and  on  their 
way  back  to  the  place  from  which  they  issued ; 
and.  4.  The  last  class  of  proof  was  in  the  fact, 
that  the  branches  north  of  the  Potomac,  being 
unable  or  unwilling  to  redeem  these  notes  any 
longer,  actually  ceased  to  redeem  them  last  fall, 
even  when  taken  in  revenue  payment  to  the 
United  States,  until  coerced  by  the  Secretary  of 
the  Treasury;  and  that  they  will  not  be  re- 
deemed for  individuals  now,  and  are  actually 
degenerating  into  a  mere  local  currency.  Upon 
these  proofs  and  arguments,  Mr.  B.  rested  his 
case,  and  held  it  to  be  fully  established,  lirst,  by 
argument,  founded  in  the  nature  of  bank  circu- 
lation over  an  extended  territory ;  and  secondly, 
by  proof,  derived  from  the  operation  of  the  pre- 
sent bank  of  the  United  States,  that  neither  the 
present  bank,  nor  any  one  that  the  wisdom  of 
man  can  devise,  can  ever  succeed  in  diffusing  a 
general  paper  circulation  over  the  States  of  this 
Union. 

VI.    Dropping  every  other  objection  to  the 
bftok— looking  at  it  purely  and  simply  as  a  sup- 


plier of  national  currency — he,  Mr.  B.,  could  nm 
consent  to  prolong  the  uziKicnco  of  the  preH.ii 
bank.    Certainly  a  profuse  issue  of  ]iB])i'r  at  all 
points — an  additional  circulation  if  even  a  foit 
millions  poured  out  at  the  destitute  points- 
would  make  currency  plenty  for  a  little  whilp 
but  for  a  little  while  only.    Nothing  permanent 
would  result  from  such  a  measure.  On  the  cun- 
trary,  in  one  or  two  years,  the  destitution  and 
distress  would  be  greater  than  it  now  is.    At 
the  same  time,  it  is  completely  in  the  power  of 
the  bank,  ot  this  moment,  to  grant  rclirf,  fnjl 
adequate,  instantaneous  relief!    In  makin);tlii$ 
assertion,  Mr  B.  meant  to  prove  it ;  and  to  prove 
it,  he  meant  to  do  it  in  a  way  that  it  Rhould 
reach  the  understanding  of  every  candid  anl 
impartial  friend  that  the  bank  possessed ;  for  he 
meant  to  discard  and  drop  from  the  inquiry,  all 
his  own  views  upon  the  subject ;  to  leave  out  of 
view  every  statement  made,  and  every  opinion 
entertained  by  himself,  and  his  friends,  and  pro- 
ceeed  to  the  inquiry  upon  the  evidence  of  the 
bank  alone — upon  that  evidence  which  flowed 
from  the  bank  directory  itself,  and  from  the 
most  zealous,  and  best  informed  of  its  friends  en 
this  floor.     Mr.  B.  assumed  that  a  mere  cessa- 
tion to  curtail  discounts,  at  this  time,  would 
be  a  relief — that   it  would  be  the  sakatioD 
of  those  who  were  pressed — and  put  an  end  U 
the  cry  of  distress ;  he  averred  that  this  curtail- 
ment must  now  cease,  or  the  bank  must  find  n 
new  reason  for  carrying  it  on ;  for  the  old  reason 
is  exhausted,  and  cannot  apply.    Mr.  B.  then 
took  two  distinct  views  to  sustain  his  position: 
one  founded  in  the  actual  conduct  and  present 
condition  of  the  bank  itself,  and  the  other  in  i  j 
comparative  view  of  the  conduct  and  condition 
of  the  former  Bank  of  the  United  States,  at  Ik 
approaching  period  of  its  d'issolution. 

I.  As  to  the  conduct  ixad  condition  of  the  I 
present  bank. 

Mr.  B.  appealed  to  the  knowledge  of  all  p^^  I 
sent  for  the  accuracy  of  his  assertion,  when  lie  | 
sai^  that  the  bank  had  now  reduced  her  dis- 
counts, dollar  for  dollar,  to  the  amount  of  pub- 1 
lie  deposits  withdrawn.   The  adversaries  of  tin 
bank  said  the  reduction  was  much  larger  t\m 
the  abstraction ;  but  he  dropped  that,  and  cos- 
fined  himself  strictly  to  the  admissions  and  dt- 1 
clarations  of  the  bank  itself.    Taking  then  tit 
fact  to  be,  as  the  bank  alleged  it  to  be,  that  shi  I 
had  merely  brought  down  her  business  in  pro  I 


ANNO  1831.     ANDREW  JACKSON,  PRESIDEXT. 


455 


he  knowledge  of  all  pre- 
)f  his  assertion,  when  he 
id  now  reduced  her  dis- 1 
r,  to  the  amount  of  p 
n.  The  adversaries  of  tk  I 
n  was  much  larger  tliaii 
e  dropped  that,  and  cod- 
to  the  admissions  and  d> 

itself.    Taking  then  tb! 

alleged  it  to  be,  th»t  shi 
own  her  business  in  pn> 


portion  to  the  capital  taken  from  her,  it  followed 
„f  course  tliat  there  was  no  reason  for  reducing 
ter  businegs  any  lower.     Ilcr  relative  position 
__hcr  actual  strength — was  the  same  now  that 
it  was  bi.fore  the  removal ;  and  the  old  reason 
could  not  be  available  for  the  reduction  of  ano- 
ther doUa.-    Next,  as  to  her  condition.    Mr.  B. 
unJertook  to  aflBrm,  and  would  quickly  prove, 
tliat  the  general  condition  of  the  bank  was  bet- 
ter DOW  than  it  had  been  for  years  past ;  and 
that  the  bank  was  better  able  to  make  loans,  or 
to  JDcreaKc  her  circulation,  than  she  was  in  any 
of  those  post  periods  in  which  she  was  so  lav- 
ishly accommodating    the   public.       For  the 
proof  of  this,  Mr.  B.  had  recourse  to  her  specie 
fund,  always  the  true  test  of  a  bank's  ability, 
ind  showed  it  to  be  greater  now  than  it  had 
been  for  two  years  past,  when  her  loans  and  cir- 
culation were  so  much  greater  than  they  are 
now.    He  took  the  month  of  May,  1832,  when 
the  whole  amount  of  specie  on  hand  was  $7,890, 
347  59 ;  when  the  net  amount  of  notes  in  cir- 
I  CT  lation  was  $21,044,415 ;  and  when  the  total 
I  discounts  were  $70,428,070  72 :  and  then  con- 
i  trastcd  it  with  the  condition  of  the  bunk  at 
this  time,  that  is  to  say,  in  the  month  of  Febru- 
ary last,  when  the  last  return  was  made ;  the 
items  stands    thus:    specie,    $10,523,385  G9; 
I  net  amount  of  notes  in  circulation,  $19,260,472; 
total  discounts,  $54,842,973  64.      From  this 
JTiew  of  figures,  taken  fW)m  the  official  bank  re- 
|tums,from  which  it  appeared  that  the  specie  in 
{the  bank  was  nearly  three  millions  greater  than 
lit  was  in  May,  1832,  her  net  circulation  nearly 
Itivo  millions  less,  and  her  loans  and  discounts 
Ispwards  of  fifteen  millions  less ;  Mr.  B.  would 
Itabmit  it  to  all  candid  men  to  say  whether  the 
bank  is  not  more  able  to  accommodate  the  com- 
nunity  now  than  she  was  then  ?    At  all  events, 
lie  would  demand  if  she  was  not  now  able  to 
ase  pressing  them  1 

II.  As  to  the  comparative  condition  and  con- 
luct  of  the  first  Bank  '^f  the  United  States  at 
he  period  of  its  approacning  dissolution. 
Mr.  B.  took  the  condition  of  the  bank  from 
fi,  Gallatin's  statement  of  its  affairs  to  Con- 
ess,  made  in  January,  1811,  just  three  months 
efoiethe  charter  expired;  and  which  showed 
I  discounts  and  loans  of  the  bank  to  be  $14, 
8,294  25,  her  capital  being  $10,000,000 ;  so 
at  the  amount  of  her  loans,  three  months  be- 
)  her  dissolution,  was  nearly  in  proportion — 


near  enough  for  all  practical  views — to  the  pro- 
portion which  the  pri'.xcnt  loaiiH  of  tlie  IJiiiik  of 
the  United  States  l>ear  to  its  capital  of  lliii  ty- 
five  millions.  Fifty  per  cvnt.  upon  the  forincj 
would  give  fifteen  millions ;  iidy  |H;r  cent,  upon 
the  latter  would  give  fifty-two  millions  and  a 
half.  To  make  tnc  relati'o  condition  of  the 
two  banks  precisely  equal,  it  will  Im>  suificitnt 
that  the  loans  and  discounts  of  the  present  bank 
shall  be  reduced  to  fifty-two  millions  by  the 
month  of  January,  1836 ;  that  is  to  say,  it  need 
not  make  any  further  sensible  reduction  of  its 
loans  for  nearly  two  years  to  come.  Thus,  the 
mere  imitation  of  the  conduct  of  the  old  bank 
wil  be  a  relief  to  the  community.  A  mere  ces- 
sation to  curtail,  will  put  an  end  to  the  dbtress, 
and  let  the  country  go  on,  quietly  and  regularly, 
in  its  moneyed  operations.  If  the  bank  will 
not  do  this — if  it  will  go  on  to  curtail — it  is 
bound  to  give  some  new  reason  to  the  country. 
The  old  reason,  of  the  removal  of  the  deposits, 
will  no  longer  answer.  Mr.  B.  had  no  faith  in 
that  reason  from  the  beginning,  but  he  was  now 
taking  the  bank  upon  her  own  evidence,  and 
trying  her  upon  her  own  reasons,  and  he  held 
it  to  be  impossible  for  her  to  go  on  without  the 
production  of  a  reason.  The  hostility  of  the 
government — rather  an  incomprehensible,  and 
altogether  a  gratuitous  reason,  from  the  begin- 
ning— will  no  longer  answer.  The  government 
m  1811  was  as  hostile  to  the  old  bank,  as  tho 
government  now  is  to  this  one ;  and  rather  more 
so.  Both  Houses  of  Congress  were  then  hos- 
tile to  it,  and  hostile  unto  death !  For  they  let 
it  die !  die  on  the  day  appointed  by  law  for  its 
death,  without  pity,  without  remorse,  without 
the  reprieve  of  one  day.  The  government  can 
do  no  worse  now.  The  Secretary  of  the  Trea- 
sury has  removed  tho  deposi'a;  and  that  ac- 
count is  settled  by  the  reduction  of  an  equal 
amount  of  loans  and  discounts.  The  rest  de- 
pends upon  the  government ;  and  the  hostility 
of  the  government  cannot  go  further  than  to 
kill  the  bank,  and  cannot  kill  it  more  dead  than 
the  old  bank  was  killed  in  1811.  Mr.  B.  had  a 
fur.her  comparison  to  draw  between  the  conduct 
of  the  old  bank,  and  the  present  one.  The  old 
bank  permitted  her  discounts  to  remain  at  their 
maximum  to  the  very  end  of  her  charter ;  she 
discounted  sixty  days'  paper  up  to  the  last  day  of 
her  existence ;  while  this  bank  has  commenced  a 
furious  curtailment  two  years  and  a  half  be 


.■^»#' 


rwi 


i5G 


THIRTY  YEARS'  VIEW. 


fore  the  expiration  of  her  charter.  A|:;ain:  tho 
old  t)ank  had  not  an  hour,  ns  a  corporation,  to 
wind  up  her  Imsiness  afier  tho  end  of  her  clior- 
ter;  tliis  hunk  has  tho  use  of  all  her  corporate 
faculties,  for  that  purpose,  for  two  yeors  ofter 
tho  end  of  her  charter.  Again :  tho  present 
hank  jpretends  that  she  will  have  to  collect  the 
whole  of  her  debts  within  tho  period  limited  for 
winding  up  her  aflairs ;  tho  old  bank  took  up- 
wards of  twelve  years  after  the  expiration  of  her 
charter,  to  collect  hers  !  She  created  a  trust ; 
she  appointed  trustees ;  all  the  debts  and  credits 
wore  put  into  their  hands,  the  trustees  proceed- 
ed like  any  other  collectors,  giving  time  to  all 
debtors  who  would  secure  the  debt,  pay  in- 
terest punctually,  and  discharge  the  principal 
by  instalments.  This  is  what  tho  old  bank 
did ;  and  she  did  not  close  her  afiairs  until  the 
IGth  of  June,  in  tho  year  1823.  The  whole 
operation  was  conducted  so  gently,  that  the 
public  know  nothing  about  it.  The  cotempora- 
rics  of  tho  dissolution  of  the  bank,  knew  nothing 
about  its  dissolution.  And  this  is  what  tho 
present  bank  may  do,  if  it  pleaflos.  That  it  has 
not  done  so — that  it  is  nov/  grinding  the  com- 
munity, and  threatening  to  grind  them  still 
harder,  is  a  proof  of  the  dangerous  nature  of  a 
great  moneyed  power ;  and  should  be  a  warning 
to  the  people  who  now  behold  its  conduct — 
who  feel  its  gripe,  and  hear  its  threat— never  to 
suffer  the  existence  of  such  another  power  in 
our  free  and  happy  land. 

VII.  Mr.  B.  deprecated  the  spirit  which  seem- 
ed to  have  broken  out  against  State  banks ;  it 
was  a  spirit  which  augured  badly  for  the  rights 
of  the  States.  Those  banks  were  created  by 
the  States ;  and  the  works  of  the  States  ought 
to  be  respected ;  the  stock  in  those  banks  was 
held  by  American  citizen*,  and  ought  not  to  be 
injuriously  assailed  to  give  value  to  stock  held 
in  the  federal  bank  by  foreigners  and  aliens. 
The  very  mode  of  carrying  on  the  warfare 
against  State  banks,  has  itself  been  an  injury, 
and  a  just  cause  of  complaint.  Some  of  the 
most  inconsiderable  have  been  picked  out — 
their  affairs  presented  in  the  most  unfavorable 
light ;  and  then  held  forth  as  a  fair  sample  of  the 
whole.  How  much  more  easy  would  it  have 
been  to  have  acted  a  more  grateful,  and  a  more 
equitable  part !  a  part  more  just  to  the  State 
governments  which  created  those  banks,  and 
the  American  citizens  who  held  stock  in  them ! 


Instead  of  hunting  out  for  remote  and  incon 
sidorablo  banks,  and  instituting  a  most  diitptr 
aging  scrutiny  into  their  small  affairs,  and  malt. 
inf  this  high  Senate  the  conspicuous  theatre  fur 
the  exhibition  of  their  insignificance,  why  noi 
take  the  higher  order  of  the  State  bankn?^ 
those  whose  names  and  characters  are  vaW 
known  7  whoso  stock  upon  tho  exchani^  of 
London  and  New-York,  is  superior  to  that  of 
tho  United  States  Bank  ?  whose  individual  de- 
posits arc  greater  than  those  of  the  rival  branch- 
es of  the  Bank  of  the  United  States,  seated  in 
their  neighborhood?  whose  bills  of  cxchanm 
are  as  eagerly  sought  for  as  those  of  the  federti 
bank  7  which  have  reduced  exchange  below  the 
rates  of  the  federal  bank?  and  which,  inererr 
particular  that  tries  the  credit,  is  superior  to 
the  one  which  is  receiving  so  much  homap> 
and  admiration  ?  Mr.  B.  said  there  were  plentv 
of  such  State  banks  as  he  had  described ;  thn 
were  to  be  found  in  every  principal  city,  from 
New  Orleans  to  Boston.  Some  of  them  had  been 
selected  for  deposit  banks,  others  not;  but 
there  was  no  difficulty  in  making  a  selection  of 
an  ample  number. 

This  spirit  of  hostility  to  tho  State  bank 
Mr.  B.  said,  was  of  recent  origin,  and  seemed  ti 
keep  pace  with  the  spirit  of  attack  upon  the 
political  rights  of  tho  States.  When  the  first  | 
federal  bank  was  created,  in  the  year  1791,  it 
was  not  even  made,  by  its  charter,  a  place  of 
deposit  for  the  public  moneys.  Mr.  Jefferson 
preferred  tho  State  banks  at  that  time;  and  to 
declared  himself  in  his  cabinet  opinion  to  Pre- 
sident Washington.  Mr.  Qallatin  deposited  i 
part  of  the  public  moneys  in  the  State  banki 
during  the  whole  of  the  long  period  that  he  mi 
at  the  head  of  the  treasury.  At  the  dissolutioi 
of  tho  first  Bank  of  the  United  States,  hetunni 
over  all  the  public  moneys  which  he  held  in  de- 
posit to  these  banks,  takir  ;,beir  obligation  to  | 
pay  out  all  the  treasury  warrants  drawn  u{ 
them  in  gold  and  silver,  if  desired  by  the  bold- 1 
er.  When  the  present  bank  was  chartered,  tiie 
StsCte  banks  stood  upon  an  equal  footing  vitli 
the  federal  bank,  and  were  placed  upon  an  equil- 
ity  with  it  as  banks  of  deposit,  in  the  very  cb» 
tor  which  created  the  federal  bank.  Mr.  B.ffii 
alluding  to  the  14th  fundamental  article  of  tii 
constitution  of  the  bank— the  article  which  pn^ 
vided  for  the  establishment  of  branches— uJ 
which  presented  an  argument  in  justification  i 


ANNO  1834.     ANDREW  JACKSON,  PRESIDENT. 


457 


tlie  removal  of  the  flopositn  which  the  wlvcrsa- 
„,,  of  that  incMurc  most  pertinaciously  dvclinc 
t)«n»wcr.    The  govcninn;nt  wantcdhankH  of 
iliposit,  not  of  circulotion ;  and  hy  that  article, 
ihc  Swtc  hanks  arc  made  just  as  much  hankH 
„f  deposit  for  the  United  States  as  the  Bank  of 
ihe  United  States  is.    They  are  put  upon  exact 
(flinlity,  80  far  as  the  federal  government  is  con- 
itrncd;  for  she  stipulates  but  for  one  single 
liruich  of  the  United  States  Bunk,  and  that  to 
placed  at  Washington  city.    As  for  all  other 
1  branciics,  their  establishment  was  made  to  de- 
iicnd— not  on  the  will,  or  power,  of  the  federal 
1  government— not  on  any  supposed  or  real  ne- 
cessity on  her  part  to  have  the  use  of  such 
I  lininclics— but  upon  contingencies  over  which 
Ifhc  iiad  no  control;  contingencies  depending, 
I  one  upon  the  mere  calculation  of  profit  and  loss 
|l,y  the  bank  itself,  the  other  upon  the  subscrip- 
Itions  of  stock  within  a  State,  and  the  applica- 
Itioii  of  its  legislature.    In  these  contingencies, 
namely,  if  the  Bank  of  the  United  States  thought 
it  to  her  interest    to  establish  branches  in 
the  States,  she  might  do  it ;  or,  if  2,000  shares 
bf  stock  was  subscribed  for  in  a  State,  and  there- 
Lpon  an  application  was  made  by  the  State  le- 
gislature for  the  institution  of  a  branch,  then  its 
Istablishment  within  the  State  became  obliga- 
»r)'upon  the  bank.    In  neither  contingency 
^ad  the  will,  the  power,  or  the  necessities  of 
ihe  federal  government,  the  least  weight,  con- 
crn,  or  consideration,  in  the  establishment  of 
be  branch.    If  not  established,  and  so  far  as 
he  government  is  concerned,  it  might  not  be, 
ken  the  State  banks,  selected  by  the  United 
ates  Bank,  and  approved  by  If  r  Secretary  of 
be  Treasury,  were  to  be  the  hauk'  of  deposit 
^r  tlie  federal  moneys.    This  was  au  argument, 
[r.  B.  said,  in  justification  of  the  removal  of  the 
kposits,  and  in  favor  of  the  use  of  the  State 
nlcs  which  gentlemen  on  the  opposite  side  of 
question — gentlemen  who  take  so  much 
lins  to  decry  State  banks — have  been  careful 
bt  to  answer. 

IThe  evils  of  a  small  paper  circulation,  he  con- 
pered  among  the  greatest  grievances  that  could 
:  a  community.    The  evils  were  innumer- 
le,and  fell  almost  exclusively  upon  those  who 
:  least  able  to  bear  them,  or  to  guard  against 
^m.   Ifa  bank  stops  payment,  the  holders  of 
I  small  notes,  who  are  usually  the  working 
t  of  the  community,  are  the  laat  to  find  it 


out,  and  the  flrf<t  to  suAIt.  If  counterfeiting 
is  perpetrated,  it  is  chiefly  the  small  nutes 
which  arc  selected  for  imitation,  lurausc  they 
are  most  current  among  th(<Be  who  know  the 
least  about  notes,  and  who  are  most  easily  mad< 
the  dupes  of  imposition,  and  the  victiuis  o( 
fraud.  As  tlio  expeller  of  hard  nuuicy.  small 
notes  were  the  bane  and  curse  of  «  country.  A 
nation  is  scarce,  or  abundant,  in  hard  money, 
precisely  in  the  degree  in  which  it  tolerates  tiie 
lower  denominations  of  bank  notes.  Franre 
tolerates  no  noteless  than  Ij^  100;  and  has  a  gold 
and  silver  circulation  of  350  millions  of  dollars. 
England  tolerates  no  note  of  less  than  $25 ;  and 
has  a  gold  and  silver  circulation  of  I.IO  millions 
of  dollars:  in  the  United  States,  where  815  is 
the  minimum  size  of  the  federal  bank  notes,  the 
whole  specie  circulation,  including  what  is  in 
the  banks,  does  not  amount  to  thirty  millions 
of  dollars.  To  increase  the  quantity  of  hard 
money  in  the  United  States,  and  to  supply  thf 
body  of  the  people  with  an  adequate  specie  cur 
rcncy  to  serve  for  their  daily  wants,  and  ordi 
nary  transactions,  the  bank  note  circulation  be- 
low twenty  dollars,  ought  to  be  suppressed.  If 
Congress  could  pass  a  law  to  that  etlect,  it  ought 
to  bed  one ;  but  it  cannot  pass  such  a  law :  it  has 
no  constitutional  power  to  pass  it.  Congress 
can,  however,  do  something  else,  which  will,  in 
time,  effectually  put  down  such  a  currency.  It 
can  discard  it,  and  dispc,rage  it.  It  can  reject 
it  from  all  federal  payments.  It  can  reject  the 
whole  circulation  of  any  bank  that  will  continue 
to  issue  small  notes.  Their  rejection  from  all 
federal  payments,  would  check  their  currency, 
and  confine  the  orbit  of  their  circulation  to  the 
immediate  neighborhood  of  the  i>?uing  bank. 
The  bank  itself  would  find  but  litt'.o  profit  from 
issuing  them — public  sentiment  would  come  to 
the  aid  of  federal  policy.  The  people  of  the 
States,  when  countenanced  and  Hustained  by  the 
federal  government,  would  indulge  their  natural 
antipathy  and  honest  detestation  of  a  small 
paper  currency.  They  would  make  war  upon 
all  small  notes.  The  State  legislatures  would 
be  under  the  control  of  the  people ;  and  the  States 
that  should  first  havo  the  wisdom  to  limit  their 
paper  circulation  to  a  minimum  of  twenty  dol- 
lar bills,  would  immediately  fill  up  with  gold  and 
silver.  The  common  currency  would  be  entirely 
metallic ;  and  there  would  be  a  broad  and  solid 
basis  for  a  superstructure  cf  large  notes ;  while 


¥ 


458 


THIRTY  YEARS'  VIEW. 


the  StntcM  wliich  continued  to  tolcreto  the 
Bnmll  notet,  wuuhl  b«  aftlictid  with  all  tho 
cviU  of  a  in>mt  |H!MtiIontial  |inrt  of  tho  paper 
nyBteni, — "iiiuil  notf«,  part  countorfeit,  part  un- 
current,  Imlf  worn  out  5  and  all  incapable  of  bc- 
inx  UM'il  witli  any  record  to  a  hencflcial  econo- 
my. Mr.  U.  went  on  to  depict  tlie  evila  of  a 
fniall  note  currency,  wliidi  ho  looked  ujjon  aa 
the  bane  ond  curne  (jf  the  liiborinp;  jwrt  of  tho 
oonimunity,  and  tho  reproach  and  opprobrium 
of  any  government  that  tolerated  it.  IIo  Bald 
that  tho  Kovcrnnient  which  Puffered  its  curren- 
cy to  full  into  Buch  a  etoto  that  the  fanner,  tho 
urtisan,  the  market  man,  tho  day  laborer,  and 
tho  hired  servant,  could  only  be  paid  in  small 
bank  notes,  was  a  government  which  abdicated 
one  of  its  moat  sacred  duties ;  and  became  an 
accomplice  on  the  part  of  the  strong  in  tho  op- 
l<re88ion  of  tlio  weak. 

Mr.  U.  placed  great  reliance  upon  the  restora- 
tion of  tho  gold  currency  for  putting  down  a 
small  note  circulation.  No  roan  would  choose 
to  carry  a  bundle  of  small  bank  notes  in  his 
pocket,  even  new  and  clean  ones,  much  less  old, 
ragged,  and  filthy  ones,  when  ho  could  get  gold 
in  their  place.  A  limitation  upon  the  receiva- 
bility  of  these  notes,  in  payment  of  federal  dues, 
would  complete  their  suppression.  Mr.  B.  did 
not  aspire  to  tho  felicity  of  seeing  as  fine  a  cur- 
rency in  the  United  States  as  there  is  in  France, 
where  there  was  no  bank  note  under  five  hun- 
dred francs,  and  whore  there  was  a  gold  and  sil- 
ver circulation  at  the  rate  of  eleven  dollars  a 
head  for  each  man,  woman,  and  child,  in  the  king- 
dom, namely,  three  hundred  and  fifty  millions 
of  dollars  for  a  population  of  thirty-two  millions 
of  souls;  but  ho  did  aspire  to  tho  comparative 
happiness  of  seeing  as  good  currency  established 
for  ourselves,  by  ourselves,  as  our  old  fellow- 
subjects— the  people  of  old  England — now  pos- 
sess from  their  king,  lords,  and  commons.  They 
— he  spoke  of  England  proper — had  no  bank 
note  less  than  five  pounds  sterling,  and  they 
possessed  a  specie  circulation  (of  which  three- 
fourths  was  gold)  at  the  rate  of  about  nine  dol- 
lars a  head,  men,  women,  children  (even  pau- 
pers) included ;  namely,  about  one  hundred  and 
thirty  millions  for  a  population  of  fourteen  mil- 
lions. He,  Mr.  B.,  must  be  allowed  to  aspire  to 
the  happiness  of  possessing,  and  in  his  sphere 
to  labor  to  acquire,  as  good  a  circulation  as  these 
English  have;  and  that  would  be  on  immea- 


surable improvement  u|ion  our  pri'sent  eoni]L 
tlon.  We  have  local  bank  notCM  of  one,  tw-i 
three,  four  dollars ;  wo  have  federal  bunk  noii-i 
of  five  and  ten  dollars — tho  notes  of  thiwc  Kir. 
lish  who  are  usin;?  gold  at  homo  while  we  ar« 
using  their  popcr  hero ;— we  have  not  a  partii ', 
of  gold,  and  not  more  silver  than  at  the  nu>  i.\ 
about  two  dollars  a  head,  men,  women,  clijldpf^ 
(even  slaves)  included ;  namely,  about  thinr 
millions  of  silver  for  a  population  of  thlrt«(n 
millions.  Mr.  B.  believed  there  was  not  upon 
the  face  of  the  earth,  a  country  whose  actual 
currency  was  in  a  more  deplorable  conrtitioo 
than  that  of  tho  United  States  was  at  prewnt' 
the  bitter  fruit  of  that  fatal  paper  system  which 
was  brought  upon  us,  with  the  establishment  01 
tho  first  Bank  of  the  United  States  in  1791  and 
which  will  be  continued  npon  us  until  the  ciu. 
del  of  that  system — the  Bastile  of  paper  monn, 
the  present  Bank  of  the  United  States,~shii 
cease  to  exist. 

Mr.  B.  said,  that  he  was  not  the  organ  of  tht  I 
President  on  this  floor — he  had  no  autiioritj 
from  the  President  to  speak  his  sentiments  to 
the  Senate.    Even  if  he  knew  them,  it  would 
be  unparliamentary,  and  irregidar,  to  state  them. 
There  was  a  way  for  the  Senate  to  commumcin 
with  the  President,  which  was  too  well  known 
to  every  gentleman  to  require  any  indic«tio«| 
from  him.    But  he  might  bo  permitted  to  t 
gest — in  the  absence  of  all  rcgukr  informitioi  I 
— that  if  any  Senator  wished  to  understand,  and  I 
to  comment  upon,  the  President's  opinions  on  | 
currency,  he  might,  perhaps,  come  tomctt 
nearer  to  the  mark,  by  commenting  on  what  ht  I 
(Mr.  B.)  had  been  saying,  than  by  having  re- 1 
course  to  the  town  meeting  reports  uf  inunioi  I 
bank  committees. 


CHAPTER    CVI. 

AtTEMPTED   INVESTIGATION  OF  THE  BA.NKW| 
THE  UNITED  STATES. 

The  House  of  Representatives  bad  appoints  I 
a  select  committee  of  its  members  to  investigilil 
the  affairs  of  the  Bank  of  the  United  States- 1 
seven  in  number,  and  consisting  of  Mr.  Fnnal 
Thomas,  of  Maryland ;  Mr.  Edward  Everett,  i(| 
Massachusetts;  Mr.  Henry  A.  Muhlenberg, f I 


^ 


ANNO  1834.    ANDIIKW  JACKSON,  PllESlDnNT. 


439 


ed  thcro  was  not 


DER    CVI. 


esentatives  had  appomtdl 
its  members  to  investigiit 
ik  of  the  United  States- 
coneistingof  Mr.  Fnnal 
_ ;  Mr.  Edward  ETeretUl 
Henry  A.  Muhlenberg,  if 


PfDwylvanU ;  Mr.  John  Y.  Mhoh,  of  Virginia ; 
\Ir.  W.   VV.   tllBWorth,  of  Connecticut  i    Mr. 
.Uiljali  .Mann,  Jr.  of  Now- York  j  Mr.  Hobcrt  T. 
I  vtli',  o(  Ohio.    Tltc  Autltority  under  wliich  the 
itiiumiltve  acti>d,  required  tlicni  to  aoccrtain  :  1. 
I  hi'  ciusi'H  of  tlio  commercial  cmliarrasMmcnt, 
III  tlie  imblic  diutress  complained  of  in  the  nu- 
I  LicrouD  dixtruBS  mcniorialH  presented  to  the  two 
\\\.,\uet  during  the  Hession;  luid  whether  the 
Uiik  bad  been  any  way  inBtnimcntal,  through 
I  iu  management  or  money,  in  producing  the  dis- 
I  tnsj  and  enibarraa^ment,  of  whicli  so  much  com- 
Liunt  wu)  made.     2.  To  inquire  whether  the 
Ichirter  of  the  bank  had  been  violated ;  and  what 
Icomiptionii  and  abuses,  if  any,  had  existed  in  its 
InaDagement.    3.  To  inquire  whether  tho  bank 
i»d  uiicd  its  corporate  power,  or  money,  to  con- 
Itrul  the  press,  to  interpose  in  politics,  or  to  in- 
lucnce  elections.    The  authority  conferred  upon 
^e  committee  was  ample  for  the  execution  of 
kie  inquiries.    It  was  authorized  to  send  for 
icrsons  and  papers ;  to  summon  and  examine 
irltnesses  on  oath ;  to  visit,  if  necessary,  the 
Principal  bank,  and  its  branches ;  to  inspect  the 
«kj,  correspondence  and  accounts  of  the  bank, 
Dd  other  papers  connected  with  its  manage- 
ment  The  right  of  tho  House  to  make  this 
iiTcstigntion  was  two-fold:   Jiraty  under  the 
renty-third  article  of  the  cliarter:  secondly, 
the  founder  of  the  corporation ;  to  whom 
elongs,  in  law  language,  the  right  to  "  visit " 
|it  institution  it  has  founded ;  which  "  visit- 
;"  is  for  examination^4is  a  bishop  "vis- 
b''  his  diocese — a  superintendent  "visits  "  the 
krks  and  (wrsons  under  his  care ;  not  to  see 
km,  but  to  examine  into  their  management 
bd  condition.    There  was  also,  a  third  right  of 
pmination,  resulting  from  the  act  of  the  cor- 
pration;  it  was  again  soliciting  a  re-charter, 
pd  was  bound  to  show  that  the  corporators 
ad  used  their  actual  charter  fairly  and  legally 
ifore  it  asked  for  another.  And,/ourlhlt/,  there 
i  a  further  right  of  investigation,  still  result- 
;  from  its  conduct.    It  denied  all  the  accusa- 
bns  brought  against  it  by  the  government  di- 
jctors,  and  brought  before  Congress  by  the 
jcrctary  of  the  Treasury ;  and  joined  issue  upon 
pse  accusations  in  a  memorial  addressed  to 
i  two  Houses  of  Congress.  To  refuse  examinar 
1  under  these  circumstances  would  be  shrink- 
;  from  the  issue  which  itself  had  joined.    The 
umittee  proceeded  to  Philadelphia,  and  soon 


found  that  the  bank  <lid  not  mean  to  ouhmit  to 
an  examination.  CaptlouM  and  ft|)ecial  plcailini; 
objcctioHH  were  made  at  evt-ry  utip,  until  at- 
tempta  on  one  side  and  obJirtiiinH  on  tliu  otlit-r 
ended  in  a  total  refusal  to  Kiihmit  their  bunks 
for  inspection,  or  thiniselves  fir  an  exaniinntion. 
The  directors  had  ap|i<>inted  a  coinijany  of  Kvcn 
to  meet  the  committee  of  tho  House — a  pnxv- 
dure  unwarranted  by  any  right  or  usage,  an>l 
offensive  in  its  pretentious  equality ;  but  to 
which  the  committee  coascnted,  at  ilrst,  from 
a  desire  to  do  nothing  to  balk  the  exaniination. 
That  corporation  committee  was  to  oit  with 
them,  in  the  room  in  the  bank  assigned  for  the 
examination  ;  and  took  care  always  to  pie- 
occupy  it  before  the  House  committee  arrived  ; 
and  to  act  as  if  at  home,  receiving  guests.  Thu 
committee  then  took  a  room  in  a  hotel,  and 
asked  to  have  the  bank  books  sent  to  them ; 
which  was  refused.  They  then  desired  to  have 
the  books  aubjected  to  their  inspection  in  the 
bank  itself;  in  which  request  they  were  balllcd, 
and  defeated.  The  bank  committee  required 
written  specification  of  their  points  of  inquiry, 
either  in  examining  a  book,  or  asking  a  ques- 
tion—that it  might  judge  its  legality ;  which 
they  confined  to  mere  breaches  of  the  charter. 
And  when  the  directors  were  summoned  to  an- 
swer questions,  they  refused  to  bo  sworn,  and 
excused  themselves  on  the  ground  of  being  par- 
ties to  the  proceeding.  Some  passages  from  the 
conomittee's  report  will  show  to  what  extent 
this  higgling  and  contumacy  was  carried  by  this 
corporation — deriving  its  existence  from  Con- 
gress, and  endeavoring  to  force  a  renewed  char- 
ter from  it  while  refusing  to  show  how  it  had 
used  the  first  one.    Thus  : 

*'  On  the  23d  of  April,  their  chnimian  address- 
ed to  the  President  of  the  bank,  a  communica- 
tion, inclosing  a  copy  of  the  resolution  of  tho 
House  of  Representatives,  and  notifying  him  of 
the  readiness  of  the  committee  to  visit  the  bank 
on  the  ensuing  day,  at  any  hour  agreeable  to 
him.  In  reply,  the  President  informed  the  com- 
mittee that  the  papers  thus  received  should  bo 
submitted  to  the  board  of  directors,  at  a  special 
meetmp  to  be  called  for  that  purpose.  It  ap- 
pears, m  the  journal  of  the  proceedings  of  tho 
committee,  herewith  presented  to  the  House, 
that  this  was  done,  and  that  the  directors  ap- 
pointed a  committee  of  seven  of  their  board,  to 
receive  the  committee  of  the  House  of  Represen- 
tatives, and  to  offer  for  their  inspection  such 
books  and  papers  oi  the  bank,  as  may  be  neccs* 
sary  to  exhibit  the  proceedings  of  the  corporation 


H.  ■ 


i" 


iM 


460 


THIRTY  YEAIW'  VIKW. 


I 


nrcnnlinir  to  the  ro(|iiiri>incnt  of  the  rhartcr.  In 
thf  li'ttir  iif  •lolin  SiTKi'iint,  Kit<|.,  nn  rlininnaii 
•if  th«'  cMtTiinittco  of  (liiK'ioM  ciiininiiiiicatin^thc 
|iriM-<'(<iliii);s  of  the  iMinnI,  ht>  itnvM  tlint  hi<  wm 
iliri-«-ffi|  to  jnli)riii  the  rhninimn  of  tliJH  ooininitlcf 
thikt  tliu  riiiiiiiiittttv  of  the  (lirtrtor^  '  will  ininic- 
•iinU'ly  ilinrt  (liu  nircHMary  nrniiiK»'nit'iiU  to  \m 
tniulf  for  th(3  arcoiiiiiuxiation  of  tliv  coinniittcw 
of  tlut  lloiiKo  of  Ui'iin'wntntivi'H,'  aiid  would 
attend  at  tlio  hank  to  r  c .  »>)  thi>m  the  next  day, 
nt  clt'Vi'n  op!(M'k.  Ycir  roinrnitteti  att4.>ndc<i, 
and  were  n'Cfivc<l  by  \.  i  rumniittcu  of  di- 
rwctofH. 

"I'pto  tills  poriod,  nothinp;  hnd  occurrctl  to 
Jiiatify  tlio  iN'lii'f  that  a  diri|H)R|ti<>n  wan  fi-lt,  on 
the  part  of  the  manaji^rfi  of  the  bank,  to  t'lnbar- 
rasH  the  procvedinpi  of  the  committee,  or  have 
them  conducted  diirerently  from  those  of  the 
two  prece<Ini;^  committees  of  investipilion.  On 
nffietublin^;,  however,  the  next  morninpr,  at  the 
bank,  they  found  the  n)om  which  had  l)ecn 
offered  for  their  accommodation,  preoccupied  by 
the  committee  of  the  board,  with  the  president 
of  the  bank,  oh  an  e.r  officio  momWr,  claiming 
the  r'\^\i  to  be  prcnent  at  the  inreHti^ationB  and 
examinations  of  this  committee.  This  proceeding 
the  committee  were  not  prepared  to  expect. 
AVhcn  the  appointment  of  the  committee  of 
Heven  was  first  made,  it  was  supposed  that  that 
measure,  however  designed,  wos  not  well  calcu- 
lated to  facilitate  the  examination. 

"  With  a  previous  determination  to  be  present 
when  their  books  were  to  be  inspected,  they 
?ould  have  waited  to  avow  it  until  these  books 
were  called  for,  and  the  attempt  made  to  inspect 
them  in  their  absence.  These  circumstances  are 
now  reviewed,  because  they  then  excited  an  ap- 
prehension, which  the  seguel  formed  into  con- 
viction, that  this  committee  of  directors  had 
been  appointed  to  supervise  the  acts  and  doings 
of  your  conmiittee,  and  to  limit  and  restrain 
their  proceedings,  not  according  to  the  directions 
contained  in  the  resolution  of  the  House,  but 
the  will  and  judgment  of  the  board  of  directors. 
Your  committee  have  chosen  to  ascribe  this  claim 
of  the  committee  of  directors  to  sit  conjointly 
with  them,  to  the  desire  to  prevent  them  from 
making  use  of  the  books  and  papers,  for  some 
of  the  purposes  pointed  out  by  the  resolution  of 
the  House.  They  are  sensible  that  this  claim  to 
bo  present  at  all  examinations,  avowed  prema- 
turely, and  subsequently  persisted  in  with  pe- 
culiar pertinacity,  could  be  attributed  to  very 
different  motives;  but  respect  for  themselves, 
and  respect  for  the  gentlemen  who  compose  the 
committee  of  directors,  utterly  forbids  the  ascrip- 
tion to  them  of  a  feeling  which  would  merit 
compassion  and  contempt  much  more  than  re- 
sentment. 

"  This  novel  position,  voluntarily  and  deliber- 
ately taken  by  the  committee  of  the  directors, 
predicated  en  an  idea  of  equality  of  rights  with 

J 'our  committee,  under  your  .esolution,  rendered 
t  probable,  and  in  some  measure  necessary,  that 
rour  oommittoe  should  express  itg  opinions  of 


the  ndativc  rights  of  the  corporation  tn<l  ii, 
lloiino  of  |{e|ir<'Nfntativi>s.     To  avoid  nil  n,, 
undcrxtnndiii^  a>id  future  niii*reprcM'iitii(i<inii  ' 
was  donirable  that  each  qiu-Mtion  iihoul<l  U  ,1, 
cided  M>|>arately.     Contemplating  an  fxtn, >,, 
invfiligation,  biit  unwilling  that  an  B|itirilM-ti«i , 
ithould  exitit  of  improper  <liHcloNun>H  \k\i\^  „^i' 
(if  the  transactions  of  the  bank  iiml  ititnii.t<itti)rl 
your  rtimmittee,  following  the  exniiiiilc  „f  ||,,  I 
Cfimmittw  fif  IH;I2,  adopted  a  resolution  dcclanr. 
that  their  prooewlings  should  be  conlldentnf  I 
until  otherwise  onlere<l  by  the  coniniiiUi.,  ^,1 
also  a  resolution  that  the  committee  uoiiM  ^ [. 
duct  its  investigations  '  without  the  |in-iti'iic« . '  | 
any  jK'rson  not  rcquin'd  or  invite<l  to  atUnil 
A  copy  of  these  resolutions  was  furniKhwl  toil,  I 
cunimUtco  of  directors,  in  the  ho|)o  thnt  tlutj. 
elusive  control  of  a  room  at  the  bank,  diirinit  m  1 
hours  of  business,  would  thereufliT  lie  coiiadiJ 
to  your  committee,  while  the  claim  uf  tlic  cum!  I 
mittee  of  directors  to  bo  present  when  the  Ixjoiu  I 
were  submitted  for  inspection,  should  )io  th,.).! 
poned  for  decision,  when  the  books  were  calkil  I 
for  and  produced  by  them.  I 

"On  the  28th  ult.  this  committee  onncmlili'^l 
at  the  banking  house,  and  again  found  thiruntl 
they  expected  to  find  set  apart  for  their  wA 
preoccupied  by  the  committee  of  dircctorj,nii| 
others,  oiUcers  of  the  bonk.  And  instead  r„'f 
such  assurances  as  they  had  a  riglit  to  nin-A 
they  received  copies  of  two  resolutions  adoiitajl 
by  the  board  of  directors,  in  which  they  «m| 
given  to  understand  that  their  continued  waA 
pation  of  the  room  must  be  considered  a  laviJ 
and  not  a  matter  of  right ;  and  in  which  tlxl 
board  indulge  in  unjust  commentaries  on  tiJ 
resolution  of  the  House  of  Uepre8entativcK;aai| 
intimate  an  apprehension  that  .your  comniitttti 
design  to  make  their  examinations  secret,  pv'l 
tial,  unjust,  oppressive  and  contrary  to  couuuul 
right." 

On  receiving  this  oflensive  communicstioil 
manifestly  intended  to  bring  on  a  quarrel,  tltl 
committee  adopted  a  resolution  to  sit  in  a  nxtl 
of  their  hotel,  and  advised  the  bunk  occordin^j  J 
and  required  the  president  and  directors  to  iu  J 
mit  the  books  to  their  inspection  in  the  rooi| 
so  chosen,  at  a  day  and  hour  named.  To  tlii 
the  directors  answered  that  they  could  i.ot  c 
ply ;  and  the  committee,  desirous  to  do  all  thnl 
could  to  accomplish  the  investigation  committe 
to  them,  then  gave  notkw  that  they  would  att(ii| 
at  the  bank  on  a  named  day  and  hour  to  iiisp( 
the  books  in  the  bank  itself— cither  at  I 
counter,  or  in  a  room.  Arriving  at  thei 
poinited  time,  and  asking  to  see  the  books,  t 
were  positively  refused,  reasons  in  writing  kill 
assigned  for  the  refusal.  They  then  mukil 
I  written  reque^  to  see  certain  books  specificillT| 
I  and  for  a  specified  purpose,  namely,  to  ascert 


AlfirO  1184.    ANDRKW  JACKflOX,  mRSlDF.NT. 


461 


ho  cornortti'm  tni|  ni 
vod.     To  tvftiil  nil  n,. 
r«  miHrcpri'Mutntidtn  ,• 
I  qiu-Htion  «h<iii|i|  U  ,i.. 
t«iii|ilatiii|t  nil  cxtrii  \:< 
liiiirtliatann|i|iri'h<'ii>i  .. 
r  (liscloHurcH  U  in^'  im,; 
el)ank  uikI  itHciistiitm^ 
rinn  tl"^  fxniiiiiU'  (if  ti, 
»tt'<l  a  resolution  (Uclam  j 
I  ihould  1)0  conllili'Diu; 
A  by  tho  coiiiiiiiUd',  uA 
ho  comiiiittco  wouM  c  !,• 
'  without  tho  iin-Hiiicc ■'. 
L'd  or  Invitwl  to  atUM. 
tionH  was  furnihlied  lull,  1 
I,  In  tho  bono  th«t  tho  u. 
im  at  the  bank.  Uiirinn  lu 
lid  tbcrt'iifliT  Ik"  conwdiill 
fiile  tho  claim  uf  the  cmri. 
bo  present  whentheWiiu| 
ispoction,  Bhould  Ih)  |ii,.i. 
lion  tho  books  were  calW I 
;heni. 
this  committee  nssemliWl 

and  again  found  thurui&l 
i  set  apart  for  their  ^1 
ommittoo  of  directors,  atj I 
10  bank.  And  instead  ill 
hey  had  a  right  to  ex[«il 
)f  two  resolutions  aduiJtoll 
ctors,  in  which  they  wml 
that  their  continued ocoil 
nust  bo  considered  a  lavij 

right ;  and  in  which  tin  I 
ijust  commentaries  on  llJ 
use  of  Uepre8entativon;iiai| 
nsion  that  .your  coramiitel 
[•  examinations  secret,  {«•[ 
ve  and  contrary  tu  cummj 

oflensive  communicaticul 
to  bring  on  a  quarrel,  tl«l 
resolution  to  sit  in  a  nxtl 
vised  the  bank  accordinfl;  J 
•sident  and  directors  to  siiVl 
leir  inspection  in  the  wmI 
and  hour  named.    Toi 
•ed  that  they  could  i.ot  c 
ittee,  desirous  to  do  all  thnl 
the  investigation  committell 
iotk»  that  they  would  altraj 
med  day  and  hour  to  insp 
bank  itself— cither  at  I 
oom.     Arriving  at  the  i 
sking  to  see  the  books,' 
ised,  leasons  in  writing  leal 
efusal.    They  then  nukil 
Bee  certain  books  spcclflcill!| 
purpose,  namely,  to  ascerl 


.>  truth  of  tho  rojvirt  «>f  tho  (p)Temmcnt  dl- 
ri'Ctun  ill  •■'•inK  III"  nionoy  and  |M)wer  of  tho 
l,»nk  in  |H)litieM,  in  eloctiona,  or  in  producing 
ihc  dintreiis.  Tlio  mannor  In  which  this  call 
wK  tre»tf<l  mutt  Ik)  given  in  tho  wonU  of  tlie 
|r,[H,rtit»i'lf;  ll»"«: 

•Without  giving  a  specific  answer  to  tlieso 

L|l<  fur  liooM  and  papers,  tho  committee  of 

Llinfton  presented  a  written   communication, 

tvhu'h  was  ^'aid  to  Itv  '  indicative  of  thu  mudo  of 

iniow'liiig deemed  right  by  the  bank.' 

"The  connuittee  of  the  Imanl  in  that  commu- 
Ljfjtion,  expresM  tho  opinion,  that  tho  inquiry 
\m  only  'w  rightftilly  extended  to  alleged  viola- 
Itiotis  of  the  charter,  ami  Veny  virtually  the  right 
I  (if  the  House  of  llenresentat'ves  tu  authorize 
Ithc  inquiries  required  in  tho  resolution. 

Thcv  also  retjuired  of  tho  committee  of  in- 

IrMtipatlon,  '  when  they  asked  for  books    and 

Ikiper'*,  to  Mtatu  siiecillcally  in  writing,  tho  pur- 

liKises  for  which  they  are  proposed  to  be  insncct- 

>1 ;  and  if  it  be  to  establish  a  violation  or  tho 

tharter,  then  to  state  specifically  in  writing, 

jrhat  iro  the  alleged  or  supposed  violations  of 

cliirter,  to  which  tho  evidence  is  alleged  to  be 

ip,ilieable.' 

I  'To  this  extraordinary  requirement,  made 
in  the  ,iuppo»ition  that  your  committee  were 
iharpcd  with  the  duty  of  crimination,  or  prose- 
Vition  for  criminal  ott'en^,  and  implying  a  right 
fen  the  part  of  tho  directors  to  determine  for 
irhiit  purposes  the  inspection  should  be  made. 
il  Aat  Ijooks  or  papers  should  be  submittea 
1  inspection,  your  committee  replied,  that  they 
jrere  not  charged  with  the  duty  of  criminating 
H'  bank,  its  directors,  or  others ;  but  simply 
_j  inquire,  amongst  other  things,  whether  any 
Ln^'ocution  in  le^'d  form  should  bo  instituted, 
iid  from  tho  nature  of  their  duties,  and  tho  in- 
jiructions  of  the  House  of  Kepresentatives,  they 
fm  not  bound  to  state  specifically  in  writing 
ny  charges  against  the  bank,  or  any  special 
urposc  for  which  they  required  the  pi  oductiun 
f  the  books  and  papers  for  inspection." 

I  The  committee  then  asked  for  copies  of  the 

counts  and  entries  which  they  wished  to  see, 

^d  were  answered  that  it  would  require  the 

or  of  two  clerks  for  ten  months  to  make  them 

kt ;  and  so  declined  to  give  the  copies.  The  com- 

kttce  finding  that  they  could  make  nothing  out 

[books  and  papers,  determined  to  change  their 

imination  of  things  into  that  of  persons  $  and 

r  that  purpose  had  recourse  to  the  subpoenas, 

Dished  by  the  House ;  and  had  them  served 

\  the  United  States  marshal  on  the  president 

I  directors.    This  subpoena,  which  contained 

jclauee  uf  duces  tecum,  with  respect  to  the 

bks.  was  so  far  obeyed  as  to  bring  the  direc- 


tor* in  person  iM'forx  the  r<iininttti« ;  and  ho  far 
diNolM*yed  as  to  bring  (hnii  Mitlmut  the  IxMikii, 
and  no  far  cxn)i'(h'd  an  to  bring  tliciii  with  • 
written  refbsal  to  Iw  swoni — for  reanont  which 
they  Htatc<l.  lint  this  part  lU  MTveM  to  >m>  tidd 
in  the  language  of  the  re|M)rt ;  which  says : 

"  Delioving  they  had  now  exhnui«ted,  in  their 
ofTortfl  to  execute  tho  duty  devolved  upon  theui, 
all  reasonable  means  <<e|)on(ling  solely  ii|Min  thu 
provisions  of  the  bank  charter,  to  obtain  the 
inH|)«.'rtion  of  the  books  of  this  corporation,  your 
committee  were  at  last  reluctantly  coni|i4-lle(l  to 
rofort  to  tho  siibnwnas  which  had  In-en  funiii>hed 
to  them  under  tnu  seal  of  this  House,  and  at- 
tested by  its  clerk.  Thev,  thereby,  on  the  0th 
inst.  directed  tho  marshal  <*f  the  eastern  district 
of  Pennsylvania  to  summon  Nicholas  Hidille, 
president,  and  thirteen  other  iiersons,  directors 
of  the  bank,  to  attend  at  their  committee  room, 
on  the  next  day,  at  twelve  o'clock,  at  noon,  to 
testify  concerning  the  matters  of  which  your 
committee  were  authorized  to  inqiiin*,  and  to 
bring  with  them  certain  Imoks  therein  named 
for  ins|)ection.  Tho  marshal  sened  tho  sum- 
mons in  due  form  of  law,  and  at  the  time  ap- 
jiointcd,  the  persons  therein  named  a|i|K>ared 
before  tho  committee  and  prcsi>nted  a  written 
communication  signed  by  each  of  them,  as  tho 
answer  of  each  to  the  requirements  of  tho  sub- 
poena, whKh  is  in  tho  appendix  to  this  raport. 
In  this  paper  they  declare  'that  they  do  not 
produce  the  books  required,  because  they  aro 
not  in  the  custody  of  either  of  us,  but  as  hns 
been  heretofore  stated,  of  the  board,'  and  add, 
'  considering  that  as  corporators  and  directors, 
we  are  parties  to  the  proceeding — we  do  not 
consider  ourselves  bound  to  testify,  and  there- 
fore respectfully  decline  to  do  so.'  " 

This  put  an  end  to  the  attempted  investiga- 
tion. The  committee  returned  to  Washington 
— made  report  of  their  proceedings,  and  moved : 
"  That  the  speaker  of  this  House  do  issue  his 
warrant  to  the  sergcant-at-anns,  to  arrest  Ni- 
cholas Biddle,  president — Manuel  Eyre,  Law- 
rence Lewis,  Ambrose  White,  Daniel  W.  Cox, 
John  Holmes,  Charles  Chauncey,  John  Goddard, 
John  R.  Neff,  William  Piatt,  Matthew  Newkirk, 
James  0.  Fisher,  John  S.  Henry,  and  John 
Sergeant,  directors — of  the  Bank  of  the  United 
States,  and  bring  them  to  the  bar  of  this  House 
to  answer  for  the  contempt  of  its  lawful  au- 
thority." This  resolve  was  not  acted  upon  by 
the  House ;  and  the  directors  had  the  satisfaction 
to  enjoy  a  negative  triumph  in  their  contempt 
of  the  House,  flagrant  as  that  contempt  was 
upon  its  own  showing,  and  still  more  so  upon 
its  contrast  with  the  conduct  of  the  same  bank 


r  ; 


vl ! 


i» 


«62 


THIRTY  TEARS'  VIEW. 


(though  under  a  diiTcrent  set  of  director*;),  In 
the  year  1819.  A  committee  of  inTcstigation 
was  then  appointed,  armed  with  the  same  powers 
which  were  granted  to  th-s  committee  of  the 
year  1834 ,  and  the  directors  of  that  time  readily 
submitted  to  every  species  of  examination  which 
the  committee  chose  to  make.  They  visited  the 
principal  bank  at  Philadelphia,  and  several  of 
its  branches.  Thoy  hud  free  and  unrestramed 
access  to  the  books  and  papers  of  the  bank. 
They  were  furnished  by  the  officers  with  all  the 
copies  and  extracts  they  asked  for.  They  sum- 
moned before  them  the  directors  and  officers  of 
the  bank,  examined  them  on  oath,  took  their 
testimony  in  writinj^ — and  obtained  fiiU  answers 
to  all  their  questions,  whether  they  implied 
illegalities  violative  of  the  charter,  or  abuses,  or 
mismanagement, '.-  -     'akes  and  errors. 


CHAPTER     CVII. 

MB.  TANEY'S  REPORT  ON  THE  FINANCES— EXPO- 
SURE  OF  Tllli  DISTRESS  ALARMS— END  01  THE 
PANIC 

About  the  time  when  the  panic  was  at  its  height, 
and  Congress  most  heavily  assailed  with  dis- 
tress memorials,  the  Secretary  of  the  Treasury 
was  called  upon  by  a  resolve  of  the  Senate  for 
a  report  upon  the  finances — with  the  full  be- 
lief that  the  finances  were  going  to  ruin,  and 
that  the  government  would  soon  be  left  without 
adequate  revenue,  and  driven  to  the  mortifying 
resource  of  loans.  The  call  on  the  Secretary 
was  made  early  in  May,  and  was  answered  the 
middle  of  June ;  and  was  an  utter  disappoint- 
ment to  those  who  called  for  it.  Far  from 
showing  the  financial  decline  which  had  been 
expected,  it  showed  an  increase  in  every  branch 
of  the  revenue !  and  from  that  authentic  test  of 
the  national  condition,  it  was  authentically 
shown  that  the  Union  was  prosperous !  and  that 
the  distress,  of  which  so  much  was  heard,  was 
confined  to  the  victims  of  the  United  States 
Bank,  so  far  as  it  was  real;  and  that  all  beyond 
that  was  fictitious  and  artificial — the  result  of 
the  machinery  for  organizing  panic,  oppressing 
debtors,  breaking  up  labor,  and  alarming  the 
timid.  When  the  report  came  into  the  Senate,  the 
reading  of  it  was  commenced  at  the  table  of  the 
•Secretary,  and  had  not  proceeded  far  when  Mr. 


Webster  moved  to  cease  the  reading;,  and  mi 
it  to  the  Committee  on  Finance— that  comniit 
tee  in  which  a  report  of  that  kind  could  not  t 
pect  to  find  either  an  early  or  favorable  noti« 
We  had  expected  a  motion  to  get  rid  of  it    I 
some  quiet  way,  and  had  prepored  for  whatevc 
might  happen.    Mr.  Taney  had  sent  for  me.  He 
day  before  it  came  in;  read  it  over  with  me 
showed  me  all  the  tables  on  which  it  yn^, 
founded ;  and  prepored  m«  to  sustain  and  m- 
bla.-'.on  it :  for  it  was  our  intention  that  Buch  1 1 
report  should  go  to  the  country,  not  in 
quiet,  subdued  tone  of  a  State  paper,  butwitil 
all  the  emphasis,  and  all  the  challenges  to  mil 
lie  attention,  which  the  amplifications,  theaui-l 
mation,  and  the  fire  and  freedom  which  \\A 
speaking  style  admitted.     The  instant,  theil 
that  Mr.  Webster  made  his  motion  to  Btop  tin  I 
reading,  and  refer  the  report  to  the  Finanul 
Committee,  Mr.  Benton  rose,  and  demandell 
that  the  reading  be  continued :  a  demand  whiii 
he  had  a  right  to  make,  as  the  rules  gave  it  to  I 
every  member.    He  had  no  occasion  to  hear  it  I 
read,  and  probably  heard  nothing  of  it;  buttld 
form  was  nect.5sary,  as  the  report  was  to  be  tlxl 
text  of  his  speech.    The  instant  it  was  done.ktl 
rose  and  delivered  his  speech,  seizing  the  cireuB-l 
stance  of  the  interrupted  reading  to  furnish  i!t| 
brief  exordium,  and  to  give  a  fresh  and  ii.f 
promptu  air  to  what  he  was  going  to  say.  Tltl 
following  is  the  speech : 

Mr.  Benton  rose,  and  said  that  this  repoitl 
was  of  a  nature  to  deserve  some  attention,  k\ 
fore  it  left  the  chamber  of  the  Senate,  and  well 
to  a  committee,  from  which  it  might  not  I^l 
tarn  in  time  for  consideration  at  this  mm\ 
It  had  been  called  for  under  circumEtfuml 
which  attracted  attention,  and  disclosed  icforl 
mation  which  deserved  to  be  known.  It  nl 
called  for  early  in  May,  in  the  crisis  of  tk| 
alarm  operations,  and  with  confident  assertioi 
that  the  answer  to  the  call  would  prore  t!i{ 
distress  and  the  sufiering  of  the  countrr, 
was  confidently  asserted  that  the  Secrelairif 
the  Treasury  had  over-estimated  the  rerem 
of  the  year ;  that  there  would  be  a  great  I 
ofi"-— a  decline — a  bankruptcy ;  that  confidn 
was  destroyed— enterprise  checked— indui 
paralyzed— <;ommeree  suspended!  that  the dnj 
ful  act  of  one  man,  in  one  dire  order,  had  chai 
the  face  of  the  country,  from  a  scene  of  uupi 
alleled  prosperity  to  a  scene  of  unparalld 


W' 


ANNO  1834.    ANDREW  JACKSON,  rUESIDKXT. 


4G3 


\e  the  readinR.  and  tn^ 
1  Finance— that  commit. 
f  that  kind  could  not  n- 
jnrly  or  favorable  not'w, 
)tion  to  get  rid  of  it,  jj 
id  prepared  for  whatever 
iney  had  sent  for  me.  tie 
;  read  it  over  with  me, 
tables  on  which  it  wu 
d  me  to  sustain  and  em. 
lur  intention  that  such  \ 
the  country,  not  in  il,e 
f  a  State  paper,  but  witt 
all  the  challenges  to  pub. 
le  amplifications,  the  ani- 
and  freedom  which  tkl 
:ted.     The  instant,  theil 
de  his  motion  to  Btop  tl« 
le  report  to  the  Finan« 
iton  rose,  and  demaniieiil 
ontinued :  a  demand  whidi 
ke,  as  the  rules  gave  it  to 
had  no  occasion  to  hear  it 
;ard  nothing  of  it ;  huttki 
IB  the  report  was  to  be  ttit 
rhe  instant  it  was  done,  It 
i  speech,  seizing  thecireuii- 
pted  reading  to  furnish  t!( 
to  give  a  fresh  and  ii' 
he  was  going  to  say.  Tl« 
!ch: 

and  said  that  this  rcpon 
leserve  some  attention,  l«. 
ber  of  the  Senate,  and  wen 
m  which  it  might  not» 
nsideration  at  this  sesaa 
I  for  under  circumstanm 
ention,  and  disclosed  iiitff 
ved  to  be  known.   It  ml 
May,  in  the  crisis  oftk 
id  with  confident  assertii 
»  the  call  would  prove  t 
ifiiering  of  the  country 
erted  that  the  Secretaiy 
)ver-estimated  the  reve 
here  would  be  a  great  falli: 
)ankruptcy ;  that  confidi 
iterprise  checked— indwi 
rce  suspended!  that  the liii 
n  one  dire  order,  had  ch 
ntry,  from  a  scene  of  un] 
to  a  scene  of  unparal! 


desolation !  that  the  canal  was  a  solitude,  the 
'live  a  desert  waste  of  waters,  the  ocean  with- 
out ships,  the  commercial  towns  deserted,  silent, 
and  sad ;  orders  for  goods  countermanded ;  for- 
i-Ti  purchases  stopped !  and  that  the  answer 
of  the  Secretary  would  prove  all  this,  in  show- 
j„j  the  falsity  of  his  own  estimates,  and  the 
jreat  decline  in  the  revenue  and  importations 
of  the  country.    Such  were  the  assertions  and 
nrcdictions  under  which  the  call  was  made,  and 
10  which  the  public  attention  was  attracted  by 
every  device  of  theatrical  declamation  from  this 
iluor.  Well,  the  answer  comes.    The  Secretary 
sends  in  his  report,  with  every  statement  called 
for.   It  is  a  report  to  make  the  patriot's  heart 
rejoice!  full  of  high  and  gratifying  facts;  re- 
plete with  rich  information ;  and  pregnant  with 
evidences  of  national  prosperity.    How  is  it  re- 
ceived—how received  by  those  who  called  for  it? 
With  downcast  looks,  and  wordless  tongues !   A 
motion  is  even  made  to  stop  the  reading!  to  stop 
Slae  reading  of  such  a  report !  called  for  under 
n;:h  circumstances ;  while  whole  days  are  given 
p  to  reading  the  monotonous,  tautologous,  and 
ndless  repetitions  of  distress  memorials,  the 
;ho  of  our  own  speeches,  and  the  thousandth 
lion  of  the  same  work,  without  emendation 
ir  correction !     All  these  can  be  read,  and 
rinted,  too,  and  lauded  with  studied  eulogium, 
d  their  contents  sent  out  to  the  people, 
[reighted  upon  every  wind;  but  this  official 
port  of  the  Secretary  of  the  Treasury,  upon 
e  state  of  their  own  revenues,  and  of  their 
wu  commerce,  called  for  by  an  order  of  the 
nate,  is  to  be  treated  like  an  unwelcome  and 
orthless  intruder ;  received  without  a  word — 
t  even  read — slipped  out  upon  a  motion — 
posed  of  as  the  Abb6  Sieyes  voted  for  the 
lath  of  Louis  the  Sixteenth :  mort  sang  phrase  ! 
(ath,  without  talk !    But  he,  Mr.  B.,  did  not 
ican  to  suffer  this  report  to  be  dispatched  in 
s  unceremonious  and  compendious  style.    It 
id  been  called  for  to  be  given  to  the  people, 
id  the  people  should  hear  of  it.    It  was  not 
it  was  expected,  but  it  is  what  is  true,  and 
t  will  rejoice  the  heart  of  every  patriot  in 
lerica.    A  pit  was  dug  for  Mr.  Ta^ey ;  the 
T8  of  the  pit  have  fallen  into  it ;  the  fault 
not  his ;  and  the  sooner  they  clamber  out,  the 
ter  fur  themselves.    The  people  have  a  right 
Icnow  the  contents  of  this  report,  and  know 
they  shall ;  and  if  there  is  any  man  in  tlus 


America,  who^^e  heart  is  so  construeted  as  to 
grieve  over  tlie  prosperity  of  his  count  ry,  let 
him  prepare  himself  for  sorrow  ;  for  the  pro<.f 
is  forthcoming,  that  never,  since  America  had  .t 
place  among  nations,  was  the  prosjjerity  of  the 
country  equal  to  what  it  is  at  this  day  ! 

Mr.  B.  then  requested  the  Secretary  of  the 
Senate  to  send  him  the  report,  and  coniparntive 
statements ;  which  being  done,  Mr.  B.  opened 
the  report,  and  went  over  the  heads  of  it  to 
show  that  the  Secretary  of  the  Treasury  had 
npt  over-estimated  the  revenue  of  the  year,  as 
he  had  been  charged,  and  as  the  report  was  ex- 
pected to  prove  :  that  the  revenue  was,  in  fact, 
superior  to  the  estimate ;  and  that  the  impor- 
tations would  equal,  if  not  exceed,  the  highest 
amount  that  they  had  ever  attained. 

To  appreciate  the  stutemeuts  which  he  should 
make,  Mr.  B.  said  it  was  necessary  for  the  Senate 
to  recollect  that  the  list  of  dutiable  articles  was 
now  greatly  reduced.  Many  articles  were  now 
free  of  duty,  which  formerly  paid  heavy  duties ; 
many  others  were  reduced  in  duty ;  and  the  fair 
effect  of  these  abolitions  and  reductions  would 
be  a  diminution  of  revenue  even  without  a  dimi- 
nution of  imports ;  yet  the  Secrctary'.s  estimate, 
made  at  the  commencement  of  the  session,  was 
more  than  realized,  and  showed  the  gratifyinj; 
spectacle  of  a  full  and  overflowing  treasury,  in- 
stear.  of  the  empty  one  which  had  been  pre- 
dicted ;  and  left  to  Congress  the  grateful  occupa- 
tion of  further  reducing  taxes,  instead  of  the 
odious  task  of  borrowing  money,  as  had  been 
so  loudly  anticipated  for  six  months  past.  The 
revenue  accruing  from  imports  in  the  first  quar- 
ter of  the  present  year,  was  5,344,540  dollars ; 
the  payments  actually  made  into  the  treasury 
from  the  custom-houses  for  the  same  quarter, 
were  4,435,386  dollars ;  and  the  payments  from 
lands  for  the  same  time,  were  1,398,200  dollars. 
The  two  first  months  of  the  second  quarter  were 
producing  in  a  full  ratio  to  the  first  quarter ; 
and  the  actual  amount  of  available  funds  in  the 
treasury  on  the  9th  day  of  this  month,  was 
eleven  millions,  two  hundred  aud  forty-nine 
thousand,  four  hundred  and  twelve  dollars.  The 
two  last  quarters  of  the  year  were  always  the 
most  productive.  It  vas  the  time  of  the  largest 
importations  of  foreign  goods  which  pay  most 
duty — the  woollens — and  the  season,  also,  for 
the  largest  sale  of  public  lands.  It  is  well  be< 
licTcd  that  the  estimate  will  be  more  largely  ox 


t.  , 


,,{.. 


;  1 

ii-i 

iv; 


464 


TUIRTV  YEAIW  VIEW*. 


r-'r 


ccedcd  in  those  two  quarters  than  in  the  two 
first ;  and  that  the  excess  for  the  whole  year, 
over  the  estimate,  will  be  full  two  millions  of 
dollars.  This,  Mr.  B.  said,  was  one  of  the  evi- 
dences of  public  prosperity  which  the  report 
contained,  and  which  utterly  contradicted  the 
idea  of  distress  and  commercial  embarrassment 
which  had  been  propagated,  from  this  chamber, 
for  the  last  six  months. 

Mr.  B.  proceeded  to  the  next  evidence  of  com- 
mercial prosperity ;  it  was  the  increased  importa- 
tions of  foreign  goods.  These  imports,  judging 
from  the  five  first  months,  would  be  seven  mil- 
lions more  than  they  were  two  years  ago,  when 
the  Bank  of  the  United  States  had  seventy  mil- 
lions loaned  out ;  and  they  were  twenty  millions 
more  than  in  the  time  of  Mr.  Adams's  adminis- 
tration. At  the  rate  they  had  commenced,  they 
would  amount  to  one  hundred  and  ten  millions 
for  the  year.  This  will  exceed  whatever  was 
known  in  our  country.  The  imports,  for  the 
time  that  President  Jackson  has  served,  have  re- 
gularly advanced  from  about  $74,000,000  to 
$108,000,000.  The  following  is  the  statement 
of  these  imports,  from  which  Mr.  B.  read : 

1829  ....  $74,492,527 

1830  .   .   .    70,87G,920 

1831  ....  103,191,124 

1832  .   .    .    101,029,266 

1833  ....  108,118,311 

Mr.  B.  sud  that  the  imports  of  the  lost  year 
were  greater  in  proportion  than  in  any  previous 
year ;  a  temporary  decline  might  reasonably  have 
been  expected ;  such  declines  always  take  place  af- 
ter excessive  importations.  If  ithad occurred  now, 
though  naturally  to  have  been  expected,  the  &ct 
would  have  been  trumpeted  forth  as  the  infalli- 
ble sign — the  proof  positive — of  commercial  dis- 
trcss,  occasioned  by  the  fatal  removal  of  the  de- 
posits. But,  as  there  was  no  decline,  but  on  the 
contrary,  an  actual  increase,  he  must  claim  the 
evidence  for  the  other  side  of  the  account,  and 
set  it  down  as  proof  positive  that  commerce  is  not 
destroyed ;  and,  consequently,  that  the  removal 
of  the  deposits  did  not  destroy  commerce. 

The  next  evidence  of  commercial  prosperity 
which  Mr.  '^.  would  exhi  >it  to  the  Senate,  was 
in  the  inc.  ed,  and  increasing  number  of  ship 
Brrivals  froi.i  foreign  ports.  The  number  of  ar- 
rivals for  the  month  of  May,  in  New- York, 
was  two  hundred  and  twenty-three,  exceeding 


by  thirty-six  those  of  the  moith  of  Aprji  I 
and  showing  not  only  a  grci'  t  air  incitu. 
ing  activity  in  the  coniiuc.  of  that  grey 
emporium— he  would  not  ui ;.  of  the  Unitf,] 
States,  or  even  of  North  America—but  h. 
would  call  it  that  great  emporium  of  the  two 
Americas,  and  of  the  New  World ;  for  the  goods  I 
imported  to  that  place,  were  thence  distribuKd 
to  every  part  of  the  two  Americas,  from  the  I 
Canadian  lakes  to  Cape  Horn. 

A  third  evidence  of  national  prosperity  vu  I 
in  the  sales  of  the  public  lands.    Mr.  fi.  ht,i  I 
on  a  former  occasion,  adverted  to  these  salei  i 
so  far  as  the  first  quarter  was  concerned  j  md  I 
had  shown,  that  instead  of  falling  off,  as  hnj  I 
been  predicted  on  this  floor,  the  revenue  ftoial 
the  sales  of  these  lands  had  actually  doubled  I 
and  more  than  doubled,  what  they  were  it  I 
the  first  quarter  of  1833.     The  receipts  fori 
lands  for  that  quarter,  were  $668,526;  for  the  I 
first  quarter  of  the  present  year  they  veitl 
$1,398,206  ;  being  two  to  one,  and 
over!    The  receipts  for  the  two  first  montial 
of  the  second  quarter,  were  also  known,  udj 
would  carry  the  revenue  from  lands,  for  thi| 
first  five  months  of  this  year,  to  two  millioul 
of  dollars  ;    indicating    five    millions  for  thtl 
whole  year ;  an  enormous  amount,  from  yth&l 
the  people  of  the  new  States  ought  to  be,i|l 
some  degree,  relieved,  by  a  reduction  in  tlii| 
price  of  lands.    Mr.  B.  begged  in  the  most  en.! 
phatic  terms,  to  remind  the  Senate,  that  at  tbel 
commencement  of  the  session,  the  sales  of  tbil 
public  lands  were  selected  as  ons  of  the  critt-l 
rions  by  which  the  ruin  and  desolation  of  thil 
country  were  to  be  judged.    It  was  then  pR.I 
dieted,  and  the  prediction  put  forth  with  ill 
the  boldness  of  infallible  prophecy,  that  the»l 
moval  of  the  deposits  would  stop  the  sales  if 
the  public  lands ;  that  money  would  disapp 
and  the  people  have  nothing  to  buy  with ;  I 
the  produce  of  the  earth  would  rot  upon  t 
hands  of  the  farmer.    These  were  the  pit 
tions;  and  if  the  sales  had  really  declin 
what  a  proof  would  immediately  be  found  i 
the  fact  to  prove  the  truth  of  the  prophecy,! 
the  dire  eficcts  of  changing  the  public  mom 
from  one  set  of  banking-houses  to  anoths] 
But  there  is  no  decline ;  but  a  doubling  of  tl 
former  product;  and  a  &ir  conclusion  thence i 
duced  that  the  new  States,  in  the  interior,! 
as  prosperous  as  the  old  ones,  on  the 


ANNO  1834.     ANI>UF.W  JACIC-ON,  PKIIilbKNT. 


465 


sfo  to  one,  and 
for  the  two  first  montbil 
;r,  were  also  known,  ud 
enue  from  lands,  for  ilnl 
this  year,  to  two  millioa 
ig    five    millions  for  thel 
nous  amount,  from  v\m 
5W  States  ought  to  be,ii 
d,  by  a  reduction  in  tliil 
B.  begged  in  the  inoBteiii-| 
ind  the  Senate,  that  at  thtl 
le  session,  the  sales  of  M 
sleeted  as  ons  of  the  crite-l 
ruin  and  desolation  of  tlii| 
judged.    It  was  then  p».[ 
liction  put  forth  with  ill 
ible  prophecy,  that  tlK»| 
ts  would  stop  the  sales  d| 
at  money  would  disapp 
nothing  to  buy  with ;  tliit| 
earth  would  rot  upon 
These  were  the  pr 
sales  had  really  decli 
i  immediately  he  found  i 
J  truth  of  the  prophecy,i 
hanging  the  public  mon 
anking-houses  to  anotlH| 
ine;  but  a  doubling  of  i 
i  a  &ir  conclusion  thence  J 
r  States,  in  the  interior, 
e  old  ones,  on  the  ses 


Baring  provcl  the  general  prosperity  of  the 
(oantrY'from  these  infallible  data— flourishing 
ferenue — flourishing  commerce — increased  arri- 
fjle  of  ships — and  increased  sales  of  public 
lands,  Mr.  B.  said  that  he  was  far  from  denying 
that  actual  distress  had  existed.    He  had  ad- 
niitted  the  fact  of  that  distress  heretofore,  not 
to  the  extent  to  which  it  was  charged,  but  to  a 
sufficient  extent  to  excite  sympathy  for  the 
(ufierers;  and  he  had  distinctly  charged  the 
Thole  distress  that  did  exist  to  the  Bank  of 
the  United  States,  and  the  Senate  of  the  Uni- 
[ted  States — to  the  screw-and-pressuro  opera- 
Itions  of  the  bank,  and  the  alarm  speeches  in 
I  (he  Senate.     He  had  made  this  charge;  and 
Imjde  it  under  a  full  sense  of  the  moral  respon- 
jsibility  which  ho  owed  to  the  people,  in  afHrm- 
|;„„  any  thing  so  disadvantageous  to  others, 
Ifrom  this  elevated  theatre.    He  had,  therefore, 
riven  his  proofs  to  accompany  the  charge ;  and 
ke  had  now  to  say  to  the  Senate,  and  through 
Ihe  Senate  to  the  people,  that  he  found  new 
fcroofe  fbr  that  charge  in  the  detailed  state- 
ments of  the  accruing  revenue,  which  had  been 
died  for  by  the  Senate,  and  furnished  by  the 
icretary  of  the  Treasury. 
Mr.  B.  said  he  must  be  pardoned  for  rcp«;at- 
kg  his  request  to  the  Senate,  to  recollect  how 
ten  they  had  been  told  that  trade  was  para- 
iui;  that  orders  for  foreign  goods  were  coun- 
Irmanded ;  that  the  importing  cities  were  the 
sturcs  of  desolation ;  their  ships  idle  ;  their 
Jharres  deserted ;  their  mariners  wandering 
and  down.    Now,  said  Mr.  B.,  in  looking 
\iT  the  detailed  statement  of  the  accruing  re- 
nuc,  it  was  found  that  there  was  no  decline 
f  commerce,  except  at  places  where  the  policy 
1  power  of  the  United  States  Bank  was  pre- 
ninant!    Where  that  power  or  policy  was 
dominant,  revenue  declined;  where  it  was 
t  predominant,  or  the  policy  of  the  bank  not 
lerted,  the  revenue  increased ;  and  increased 
;  enough  to  make  up  the  deficiency  at  the 
ker  places.    Mr.  B.  proceeded  to  verify  this 
[tement  by  a  reference  to  specified  places. 
IS,  at  Philadelphia,  where  the  bank  holds  its 
I  of  empire,  the  revenue  fell  ofi"  about  one 
1;  it  was  31797,310  for  the  first  quarter  of 
3,  and  only  $542,498  for  the  first  quarter  of 
At  New- York,  where  the  bank  has  not 
I  able  to  get  the  upper  hand,  there  was  an 
«e  of  more  Ihau  ^120,000;  the  reve- 
VoL.  I.— 30 


nue  there,  for  the  first  quarter  of  IS^S,  was 
^.3,122,100;  for  the  first  of  1«34,  it  was 
$3,249,780.  At  Boston,  where  the  bank  is 
again  predominant,  the  revenue  fell  off  about 
one  third ;  at  Salem,  Mass.,  it  foil  off  four  fifths. 
At  Baltimore,  where  the  bank  has  been  defeat- 
ed, there  was  an  mcrease  in  the  revenue  of  more 
than  §70,000.  At  Richmond,  the  revenue  was 
doubled,  from  §12,034  to  §25,810.  At  Charles- 
ton, it  was  increased  from  $09,503  to  $102,810. 
At  Petersburg,  it  was  slightly  increased  ;  and 
throughout  all  the  region  south  of  the  Poto- 
mac, there  was  either  an  increase,  or  the  slight 
falling  off  which  might  result  from  diminished 
duties  without  diminished  importations.  Mr. 
B.  said  he  knew  that  bank  power  was  pre- 
dominant in  some  of  the  cities  of  the  South ; 
but  he  knew,  also,  that  the  bank  policy  of  dis- 
trees  and  oppression  had  not  been  practised 
there.  That  was  not  the  region  to  be  governed 
by  the  scourge.  The  high  mettle  of  that  re- 
gion required  a  different  policy:  gentleness, 
conciliation,  coaxing !  If  the  South  was  to  be 
gained  over  by  the  bank,  it  was  to  be  done  by 
favor,  not  by  fear.  The  scourge,  though  so 
much  the  most  congenial  to  the  haughty  spirit 
of  the  moneyed  power,  was  only  to  be  applied 
where  it  would  be  submitted  to ;  and,  therefore, 
the  whole  region  south  of  the  Potomac,  was  ex- 
empted froTii  the  lash. 

Mr.  B.  here  paused  to  fix  the  attention  of  the 
Senate  upon  these  facts.  Where  the  power  of 
the  bank  enabled  her  to  depress  commerce  and 
sink  the  revenue,  and  her  policy  permitted  her 
to  do  it,  commerce  was  depreiised ;  and  the  reve- 
jue  was  sunk,  and  the  prophecies  of  the  distress 
orators  were  fhlfilled ;  but  where  her  power  did 
not  predominate,  or  where  her  policy  required 
a  different  course,  commerce  increased,  and  the 
i^venue  increased ;  and  the  result  of  the  whole 
is,  that  New- York  and  some  other  anti-bank 
cities  have  gained  what  Ph"adelphia  and  other 
bank  cities  have  lost ;  and  the  federal  treasury 
is  just  as  well  off,  as  if  it  had  got  its  accustomed 
supply  firom  every  place. 

This  view  of  facts,  Mr.  B.  said,  must  fasten 
upon  the  bank  the  odium  of  having  produced  all 
the  real  commercial  distress  which  has  been  felt. 
But  at  one  point,  at  New  Orleans,  there  was 
further  evidence  to  convict  her  of  wanton  and 
wicked  oppression.  It  was  not  in  the  Secre- 
tary's reports,  but  it  was  in  the  weekly  returns 


4GG 


TIIIRTT  YEARS'  VIEW. 


MHI 


*■ 


of  the  bank  ;  and  Rhowed  that,  in  the  beginning 
or  March,  that  institution  had  carried  off  from 
her  branch  in  New  Orleans,  the  Bum  of  about 
$800,000  in  specie,  which  it  hod  been  collecting 
all  the  winter,  by  a  wanton  curtailment,  under 
the  pretext  of  supplying  the  amount  of  the  de- 
posits taken  from  her  at  that  place.  These 
(J800,000  dollars  were  collected  from  the  New 
Orleans  merchants  in  the  very  crisis  of  the  arri- 
val of  Western  produce.  The  merchants  were 
jiresscd  to  pay  debts,  when  they  ought  to  have 
V)cen  accommodated  with  loans.  The  price  of 
produce  was  thereby  depressed ;  the  whole 
West  suffered  from  the  depression  j  and  now  it 
is  proved  that  the  money  was  not  wanted  to 
supply  tlie  place  of  the  deposits,  but  was  sent 
to  Philadelphia,  where  there  was  no  use  for  it, 
the  bank  having  more  than  she  can  use ;  and 
that  the  whole  operation  was  a  wanton  and 
wicked  measure  to  coerce  the  West  to  cry  out  for 
a  return  of  the  deposits,  and  a  renewal  of  the 
charter,  by  attacking  their  commerce  in  the 
market  of  New  Orleans.  This  fact,  said  Mr. 
B.,  would  have  been  proved  from  the  books  of 
the  bank,  if  they  had  been  inspected.  Failing 
in  that,  the  proof  was  intelligibly  found  in  the 
weekly  returns. 

Mr.  B.  took  up  another  table  to  prove  the 
prosperity  of  the  country :  it  was  in  the  increase 
of  specie  since  the  programme  for  the  distress 
had  been  published.  That  programme  dated 
from  the  first  day  of  October  last,  and  the  clear 
increase  since  that  time  is  the  one  half  of  the 
whole  quantity  then  in  the  United  States.  The 
imports  had  been  ^11,128,291 ;  the  exports  only 
^998,761. 

Mr.  B.  remarked,  upon  this  statement,  that 
it  presented  a  clear  gain  of  more  than  ten  mil- 
lions of  dollars.  lie  was  of  opinion  that  two 
millions  ought  to  be  added  for  sums  not  entered 
at  the  custom-house,  which  would  make  twelve 
millions  4  and  added  to  the  six  millions  of  1833, 
would  give  eighteen  millions  of  specie  of  clear 
gain  to  the  country,  in  the  last  twenty  months. 
This,  he  said  was  prosperity.  It  was  wealth  it- 
self; and  besides,  it  showed  that  the  country 
was  not  in  debt  for  its  large  importations,  and 
that  a  larger  proportion  of  foreign  imports  now 
consisted  of  specie  than  was  ever  known  before. 
Mr.  B.  particularized  the  imports  and  exports 
of  gold  ;  how  the  former  had  increased,  and  the 
latter  diminished,  during  the  last  few  months ; 


and  said  that  a  great  amount  of  gold,  lx>tb  fo^ 
eign  and  domestic,  was  now  waiting  in  the  coun- 
try to  see  if  Congress  would  raise  gold  to  iu 
fair  value.  If  so  raised,  this  gold  would  rcDuuii 
and  enter  into  circulation ;  if  not,  it  would  im. 
mediately  go  off  to  foreign  countries ;  for  goH 
was  not  a  thing  to  stay  where  it  was  imdit. 
valued.  He  also  spoke  of  silver,  and  said  that 
it  had  arrived  without  law,  but  could  not  «> 
main  without  law.  Unless  Congress  passed  m 
act  to  make  it  current,  and  that  at  full  value  u 
money,  and  not  at  the  mint  value,  as  bullion  \^ 
would  go  off. 

Mr.  B.  had  a  further  view  to  give  of  the  pros- 
perity  of  the  country,  and  further  evidence  to  I 
show  that  all  the  distress  really  suffered  wij  I 
factitious  and  unnatural.    It  was  in  the  gKi; 
increase  of  money  in  the  United  States,  duric; 
the  last  year  and  a  half.    Ue  spoke  of  mon«r 
not  paper  promises  to  pay  money,  but  the  thin» 
itself— real  gold  and  silver — and  affirmed  thjt  I 
there  was  a  clear  gain  of  from  eighteen  to  tvco- 
ty  millions  of  specie,  within  the  time  that  h« 
mentioned.    He  then  took  up  the  ciistom-hou5e  I 
returns  to  verify  this  important  statement  uk!  | 
to  let  the  people  see  that  the  country  was  never  I 
so  well  off  for  money  as  at  the  very  time  that  ii  I 
■was  proclaimed  to  be  in  the  lowest  state  of  povJ 
erty  and  misery.    He  first  showed  the  mporJ 
and  exports  of  specie  and  bullion  for  the  jevi 
ending  the  30th  of  September,  1833.    It  was « | 
follows : 

Year  ending  September  30. 1833. 


Gold  bullion, 
Silver  do. 
Gold  coin. 
Silver  do. 


Innpor«8. 

$48,267 

297,840 

563,585 

0,160,676 


$20,775 


1,722,190 


$7,070,368     $2,244,861 

Mr.  B.  having  read  over  this  statement  i 
marked  upon  it,  that  it  presented  aclearbaliwl 
of  near  five  millions  of  specie  in  favor  of  1 
tJnited  States  on  the  first  day  of  Octoher  1 
without  counting  at  least  another  million  wbi 
was  brought  by  passengers,  and  not  put  i 
the  custom-house  books.  It  might  be  i 
he  said,  that  there  was  a  clear  accession  ofi 
millions  of  specie  to  the  money  of  the  Us 
States,  on  the  morning  of  that  very  daj  vlii 
had  been  pitched  upon  by  all  the  distress  i 


t 


ANXO  183«.    ANDREW  JACKSON.  rUKSIDK^T. 


4(17 


view  to  give  of  the  pros- 
and  further  evidence  to 
trees  really  suffered  wk 
•al.    It  was  in  the  gK«  I 
Llio  United  States,  duriB; 
If.    He  Bpoke  of  money,  I 
pay  money,  but  the  thing 
Bilver— and  afBrmedtkt 
of  from  eighteen  to  twcn- 
•ithin  the  time  that  he  hid 
took  up  the  custom-hois  I 
important  statement,  aid  I 
;hat  the  country  was  new! 
as  at  the  very  time  tkt  ii  I 
in  the  lowest  state  of  per- 1 
5  first  showed  the  iropotul 
and  bullion  for  the  yeul 
iptember,  1833.    It  was  a  I 

September  30. 1833. 


$7,070,368     ^2,244,861 

ad  over  this  8tatemonti*| 
t  it  presented  a  clear  balii 
IS  of  specie  in  favor  of  t 
iie  first  day  of  Octoher  1 
t  least  another  million  wla 
issengers,  and  not  put  i 
jooks.  Itmightbeassui 
was  a  clear  accesBionoti 
to  the  money  of  the  W 
ning  of  that  very  day  i' 
ipon  by  all  the  distress* 


\m  in  the  country,  to  date  the  niin  and  aenuU 
lion  of  the  countrj-. 

Mr.  B.  then  «howed  a  stntcment  of  the  im. 
ports  and  o.norts  of  ppccio  and  bullion,  from 
the  first  of  October,  1833,  to  the  11th  of  June, 
instant. 

Mr.  B.  recapitulated  the  evidences  of  national 
prospsrity— increased  Imports — revenue   from 
customs  exceeding  the  estimate — increased  re- 
venue from  public  lands — increased  amount  of 
.»,(.;(; — above  eleven  millions  of  available  funds 
v.ow  in   the  treasury — domestic  and  foreign 
commerce  active— the  price  of  produce  and  pro- 
perty fair  and  good — labor  every  where  finding 
employment  and  reward — more  money  in  the 
roimtry  than  ever  was  in  it  at  any  one  time 
iKfore— the  numerous  advertisements  for  the 
parchase  of  slaves,  In  the  papers  of  this  city,  for 
the  Southern  market,  which  indicated  the  high 
price  of  Southern  products — and  afBrmcd  his 
conscientious  belief,  that  the  country  was  more 
prosperous  at  this  time  than  at  any  period  of 
is  existence  5  and  inveighed  in  terms  of  strong 
indignation  against  the  arts  and  artifices,  which 
fur  the  last  six  months  had  disturbed  and  agi- 
t.itcd  the  country,  and  done  serious  mischief  to 
muny  individuals.    He  regretted  the  miscarriage 
:  cf  the  attempt  to  examine  the  Bank  of  the 
;  United  States,  which  he  believed  would  have 
I  completed  the  proof  against  that  institution  for 
I  its  share  in  getting  up  an  unnatural  and  facti- 
tious scene  of  distress,  in  the  midst  of  real 
prosperity.    But  he  did  not  limit  his  invective 
to  the  bank,  but  came  directly  to  the  Senate, 
and  charged  a  full  share  upon  the  theatrical 
I  distress  speeches,  delivered  upon  the  floor  of 
jthc  Senate,  in  imitation  of  Volney's  soliloquy 
jover  the  ruins  of  Palmyra.    Ho  repeated  some 
I  passages  from  the  most  affecting  of  these  la- 
Imcntations  over  the  desolation  of  vhe  country, 
Ifiich  as  the  Senate  had  been  accustomed  to  hear 
iabout  the  time  of  the  New -York  and  Virginia 
Jtktions.    "  The  canal  a  solitude !    The  lake  a 
fcescrt  waste  of  waters !    That  populous  city 
lately  resounding  with  the  hum  of  busy  multi- 
kudos,  now  silent  and  sad  I    A  whole  nation,  in 
|hc  midst  of  unparalleled  prosperity,  and  Ar- 
dian  felicity,  suddenly  struck  into  poverty,  and 
blunged  into  unutterable  woe !  and  all  this  by  the 
lirefiil  act  of  one  wilful  man ! "  Such,  said  Mr.  B., 
hre  the  lamentations  over  the  ruins,  not  of  the 
ladmor  in  the  desert,  but  of  this  America,  whose 


true  condition  you  liavc  just  feen  exhibited  in 
the  faithful  re|M)rt  of  tlic  Scert'tary  of  the  Trea- 
sury. Not  even  the  '■  baseless  fnliric  of  a  vision '' 
was  ever  more  dcptitute  of  foundation,  than 
those  lamentable  accounts  of  desolation.  Tiio 
lamentation  has  ceased ;  the  panic  has  gone  off; 
would  to  God  he  could  follow  out  the  noble  line 
of  the  poet,  and  say,  "  leaving  not  a  wreck  be- 
hind." But  he  could  not  say  that.  There  were 
wrecks !  wrecks  of  merchants  in  every  city  iu 
which  the  bank  tried  its  cruel  policy,  and  wrecks 
of  banks  in  this  district,  where  the  panic  speechcH 
fell  thickest  and  loudest  upon  the  cars  of  an 
astonished  and  terrified  community  ! 

But,  continued  Mr.  B.,  the  game  is  up ;  the 
alarm  is  over ;  the  people  are  tiwd  of  it ;  the 
agitators  have  ceased  to  work  the  engine  of 
alarm.  A  month  ago  he  had  said  it  was  "  the 
last  of  pea-time  "  with  these  distress  memorials ; 
he  would  now  use  a  bolder  figure,  and  say,  that 
the  Secretary's  report,  just  read,  had  expelled 
forever  the  ghost  of  alarm  from  the  chamber  of 
the  Senate.  All  ghosts,  said  Mr.  B.,  are  afraid 
of  the  light.  The  crowing  of  the  cock— the  break 
of  doy — remits  them  all,  the  whol-  shadowy 
tribo,  to  their  dark  and  dreary  abodes.  How 
then  can  this  poor  ghost  of  alarm,  which  has 
done  such  hard  service  for  six  months  past,  how 
can  it  stand  the  full  light,  the  broad  glare,  the 
clear  sunshine  of  the  Secretary's  report  ?  "  Alas, 
poor  ghost ! "  The  shade  of  the  "  noble  Dane  " 
never  quit  the  stage  under  a  more  inexorable 
law  than  the  one  which  now  drives  thee  away ! 
This  report,  replete  with  plain  facts,  and  lumin- 
ous truths,  puts  to  flight  the  apparition  of  dis- 
tress, breaks  down  the  whole  machinery  of 
alarm,  and  proves  that  the  American  people 
are,  at  this  day,  the  most  prosperous  people  on 
which  the  beneficent  sun  of  heaven  did  ever 
shine  I 

Mr.  B.  congratulated  himself  that  the  spectre 
of  distress  could  never  be  made  to  cross  the 
Mississippi.  It  made  but  slow  progress  any 
where  in  the  Great  Valley,  but  was  balked  at 
the  King  of  Floods.  A  letter  from  St.  Louis  in- 
formed him  that  an  attempt  had  just  becnmado 
to  get  up  a  distress  meeting  in  the  town  of  St 
Louis;  but  without  effect.  The  officers  were 
obtained,  and  according  to  the  approved  rule  of 
such  meetings,  they  were  converts  from  Jack- 
sonism ;  but  there  the  distress  proceedings 
stopped  and  took  another  turn.    The  farco 


if- 


468 


TIllIlTY  YEARJs'  VIEW, 


m 
i 


could  not  t)c  played  in  that  tuwn.    The  actors 
would  not  mount  the  ntage. 

Mr.  B.  Rpoke  of  the  circulation  of  the  Bank 
of  the  United  States,  and  said  tiiat  its  notes 
might  be  withdrawn  without  being  fdt  or  known 
by  the  community.  It  contributed  but  four 
millions  and  a  quarter  to  the  circulation  at  this 
lime.  lie  verified  this  statement  by  showing 
thnt  the  bank  had  twelve  millions  and  a  quarter 
of  specie  in  its  vaults,  and  but  sixteen  millions 
and  a  half  of  notes  in  circulation.  The  diiTer- 
enco  was  four  millions  and  a  quarter ;  and  that 
was  the  precise  amount  which  that  gigantic  in- 
stitution now  contributed  to  the  circulation  of 
the  country !  Only  four  millions  and  a  quarter. 
If  the  gold  bill  passed,  and  raised  gold  sixteen 
to  one,  there  would  be  more  than  that  amount 
of  gold  in  circulation  in  three  months.  The  fo- 
reign coin  bill,  and  the  gold  bill,  would  give  the 
country  many  dollars  in  specie,  without  interest, 
for  each  paper  dollar  which  the  bank  issues,  and 
for  which  the  country  pays  so  dearly.  The  dis- 
solution of  the  bank  would  turn  out  twelve 
millions  and  a  quarter  of  sp<cie,  to  circulate 
among  the  people ;  and  the  sooner  that  is  done 
the  better  it  will  be  for  the  country. 

The  Bank  is  now  a  nuisance,  said  Mr.  B.  With 
upwards  of  twelve  millions  in  specie,  and  less 
than  seventeen  millions  in  circulation,  and  only 
fifty-two  millions  of  loans,  it  pretends  that  it 
cannot  lend  a  dollar,  not  even  to  business  men, 
to  be  returned  in  sixty  days ;  when,  two  years 
ago,  with  only  six  millions  of  specie  and  twenty- 
two  millions  of  circulation,  it  ran  up  its  loans 
to  seventy  millions.  The  president  of  the  bank 
then  swore,  that  all  above  six  millions  of  specie 
was  a  surplus !  How  is  it  now,  w  ith  near  dou- 
ble as  much  specie,  and  five  millions  less  of  notes 
out,  and  twelve  millions  less  of  debt?  The 
bank  needs  less  specie  than  any  other  banking 
institution,  because  its  notes  are  receivable,  by 
law,  in  all  federal  payments;  and  from  that  cir- 
cumstance alone  would  be  current,  at  par,  al- 
though the  bank  itself  might  be  wholly  unable 
to  redeem  them.  Such  a  bank  is  a  nuisance. 
It  is  the  dog  in  the  manger.  It  might  lend 
money  to  business  men,  at  short  dates,  to  the 
last  day  of  its  existence ;  yet  the  signs  are  for  a 
new  pressure;  a  new  game  of  distress  for  the  fall 
elections  in  Pennsylvania,  New- York,  and  Ohio. 
If  that  game  should  be  attempted,  Mr.  B.  said. 
It  would  have  to  be  done  withou    excuse,  for 


the  bank  was  full  of  money;  without  irctcxt, 
for  the  deposit  farc-c  is  over;  without  the  aid 
of  panic  speeches,  fur  the  Senate  will  not  be  in 
session. 

Mr.  B.  said,  tluit  among  the  strange  cvcnu 
which  took  place  in  this  world,  nothing  coull 
bo  more  strange  than  to  find,  in  our  own  coun- 
try, and  in  the  nineteenth  centiiry,  any  practi- 
cal  illustration  of  the  ancient  doctrine  of  tlu 
metempsychosis.  Stranger  still,  if  that  doctrim; 
should  be  so  far  improved,  as  to  take  effect  in 
BouUe^  bodies ;  for,  according  to  the  founder> 
of  the  doctrine,  the  soul  alone  could  transmi- 
grate. Now,  corporations  had  no  souls;  tbjt 
was  law,  laid  down  by  all  the  books :  that  all 
corporations,  moneyed  ones  especially,  and  abovn 
all,  the  Bank  of  the  United  States,  was  most 
soulless.  Yet  the  rumor  was,  that  this  bank 
intended  to  attempt  the  operation  of  effecting  a 
transfer  of  her  soul ;  and  after  submitting  to 
death  in  her  present  form,  to  rise  up  in  a  ncr 
one.  Mr.  B.  said  he,  for  one,  should  be  read,- 
for  the  old  sinner,  ccme  in  the  body  of  wlut 
beast  it  might.  No  form  should  ducoivo  him. 
not  even  if  it  condescended,  in  its  new  shape,  to 
issue  from  Wall-street  instead  of  Chestnut ! 

A  word  more,  and  Mr.  B.  was  done.    It  was 
a  word  to  those  gentlemen  whose  declarations, 
many  ten  thousand  times  issued  from  this  fluor. 
had  deluded  a  hundred  thousand  people  to  send 
memorials  here,  certifying  what  those  gentle- 
men so  incontinently  repeated,  that  the  removjl 
of  the  deposits  had  made  the  distress,  and  no- 
thing but  the  restoration  of  the  deposits,  or  the 
renewal  of  the  charter,  could  remove  the  distress  I 
Well  I  the  deposits  are  not  restored,  and  the 
charter  is  not  renewed ;  and  yet  the  distress  ij 
gone !    What  is  the  inference  ?    Why  that  gen- 
tlemen ore  convicted,  and  condemned,  upon  theL- 
own  argument !    They  leave  this  chamber  to  p  I 
home,  self-convicted  upon  the  very  test  whic'j  | 
they  themselves  have  established ;  and  after  Iut 
ing  declared,  for  six  months,  upon  this  floor, 
that  the  removal  of  the  deposits  made  the  dis 
tref^,  and  nothing  but  their  restoration,  or  the  I 
renewal  of  the  bank  charter,  could  reliere  ii  I 
and  that  they  would  sit  here  until  the  dog-dan 
and  the  winter  solstice,  to  effect  this  restoration 
or  renewal :  they  now  go  home  in  good  timefoi  I 
harvest,  without  effecting  the  restoration  or  tlx  I 
renewal ;  and  find  every  where,  as  they  go  tl»  I 
evidences  of  the  highest  prosperity  whicheval 


AXXO  1884.     ANDREW  JACKSON,  PRESIDENT. 


4G9 


n,  to  rise  up  in  a  rev; 


aen  whose  declarations, 
es  issued  from  this  floor. 
thousand  people  to  seni 
nng  what  those  gcntle- 
;peated,  that  the  removal 
ado  the  distress,  and  no- 
9n  of  the  deposits,  or  tlic 
;ould  remove  the  distress; 
re  not  restored,  and  the  I 
•  and  yet  the  distress  is 
ference?    Why  that  gen- 1 
ad  condemned,  upon  thel*  ] 
leave  this  chamher  top 
ipon  the  very  test  whiA  I 
established ;  and  aftc-liav 
months,  upon  this  floor,  j 
le  deposits  made  the  & 
their  restoration,  or  tie  I 
charter,  could  relieve  ii 
iit  here  until  the  dog-dayi 
to  effect  this  restontiw 
go  home  in  good  timefoi  I 
ting  the  restoration  or  tin  j 
ery  where,  as  they  go  ti« 
hest  prosperity  which  em 


Wesscd  the  land.  Yes !  repeated  and  exclaimed 
Mr.  B.  with  great  empha.'^is,  the  deposits  arc 
not  restored — the  charter  is  not  renewed — the 
distress  w  Rone — and  the  distress  speeches  have 
ceased !  No  more  lamentation  over  the  desola- 
tjon  of  the  land  now;  and  a  gentleman  who 
fihould  imdertake  to  entertain  the  Senate  again 
in  that  vein,  in  the  face  of  tho  present  national 
prosperity — in  the  face  of  the  present  report 
from  the  Secretary  of  the  Treasury — would  bo 
ftared  at,  as  tho  Trojans  were  accustomed  to 
ftare  at  the  frantic  exhibitions  of  Priam's  dis- 
tracted daughter,  while  vaticinating  the  down- 
fall of  Troy  in  the  midst  of  the  heroic  exploits 
of  Hector. 

At  tho  conclusion  of  this  speech  Mr.  Webster 
spoko  a  few  words,  signifying  that  foreigners 
might  have  made  the  importations  which  kept 
up  the  revenue ;  and  Mr.  Chambers,  of  Mary- 
land, spoke  more  fully,  to  show  that  there  was 
not  time  yet  for  the  distress  to  work  its  eflTect 
nationally.  Mr.  Webster  then  varied  his  motion, 
ind,  instead  of  sending  the  Secretary's  report  to 
(he  Finance  Committee,  moved  to  lay  it  upon  the 
table :  which  was  done :  and  being  printed,  and 
passed  into  the  newspapers,  with  the  speech  to 
emblazon  it,  had  a  great  eflFect  in  bringing  the 
panic  to  a  close. 


CHAPTER    CVIII. 

UEVIVAL  OF  THE  GOLD  CUEEENCT. 

A  MEASURE  of  relief  was  now  at  hand,  before 

which  the  machinery  of  distress  was  to  balk, 

and  cease  its  long  and  cruel  labors :  it  was  the 

passage  of  the  bill  for  equalizing  the  value  of 

pold  and  silver,  and  legalizing  tho  tender  of 

foreign  coins  of  both  metals.    The  bills  were 

brought  forward  in  the  House  by  Mr.  Campbell 

1  P.  White  of  New-York,  and  passed  after  an  ani- 

j  mated  contest,  in  which  the  chief  question  was 

I  as  to  the  true  relative  value  of  the  two  metals, 

varied  by  some  into  a  preference  for  national 

bank  paper.   Fifteen  and  five-eighths  to  one  wa3 

I  the  ratio  of  nearly  all  who  seemed  best  calcula- 

I  ted,  from  their  pursuits,  to  understand  the  sub- 

I  ject.    The  thick  array  of  speakers  was  on  that 

e;  and  tho  eighteen   banks  of  the  city  of 

I  New-York,  with  Mr.  Gallatin  at  their  head,  fa- 


vored that  proportion.    The  difficulty  of  adjust 
ing  this  value,  so  that  ncitlicr  metal  should  ex- 
pel tho  other,  had  Iwcn  the  stumbling  hUx-k  for 
a  great  many  years;  ond  now  this  difficulty 
Heemcd  to  be  as  fomiidnhlc  as  ever.     Refined 
calculations  were  gone  into :  scientific  light  wn« 
sought :   history  was  nimmaged   back   to  the 
times  of  the  Roman  empire :  and  thcrv  seemed 
to  bo  no  way  of  getting  to  a  concord  of  opinion 
either  from  the  lights  of  science,  the  voice  of  his- 
tory, or  the  result  of  calculations.    The  author 
of  this  View  had  (in  his  speeches  on  the  siil)- 
ject),  taken  up  tho  question  in  a  practical  point 
of  view,  regardless  of  history,  and  calculations, 
and  the  opinions  of  bank  officers ;  and  looking 
to  the  actual,  and  equal,  circulation  of  the  two 
metals  in  different  countries,  he  saw  that  this 
equality  and  actuality  of  circulation  had  existed 
for  above  three  hundred  years  in  the  Spanish 
dominions  of  Mexico  and  South  America,  where 
the  proportion  was  IC  to  one.    Taking  his  stand 
upon  this  single  fact,  as  the  practical  test  which 
solved  the  question,  all  the  real  ft-iends  of  the 
gold  currency  soon  rallied  to  it.    Mr.  White 
gave  up  the  bill  which  he  had  first  introduced, 
and  adopted  the  Spanish  ratio.    Mr.  Clowney 
of  South  Carolina,  Mr.  Gillet  and  Mr.  Cambre- 
leng  of  New- York,  Mr.  Ewing  of  Indiana,  Mr. 
McKim  of  Maryland,  and  other  speakers,  gave  it 
a  warm  support.     Mr.  John  Quincy  Adams 
would  vote  for  it,  though  he  thought  the  gold 
was  over-valued ;  but  if  found  to  be  so,  the  dif- 
ference could  be  corrected  hereafter.    The  prin- 
cipal speakers  against  it  and  in  favor  of  a  lower 
rate,  were  Messrs.  Gorham  of  Massachusetts  ; 
Sclden  of  New- York;  Binney  of  Pennsylvania; 
and  Wilde  of  Georgia.    And,  eventually  the  bill 
was  passed  by  a  large  majority — 145  to  36.    In 
the  Senate  it  had  an  easy  passage.    Mr.  Calhoun 
and  Webster  supported  it:  Mr.  Clay  opposed  it: 
and  on  the  final  vote  there  were  but  seven  neg- 
atives :  Messrs.  Chamber*  of  Maryland ;  Clay ; 
Knight  of  Rhode  Island ;  Alexander  Porter  of 
Louisiana ;  Silsbee  of  Massachusetts ;  Southard 
of  New  Jersey ;  Sprague  of  Maine. 

The  good  effects  of  the  bill  were  immediately 
seen.  Gold  began  to  flow  into  the  country 
through  all  the  channels  of  commerce :  old  chests 
gave  up  their  hordes :  the  mint  was  busy :  and 
in  a  few  months,  and  as  if  by  magic,  a  currency 
banished  from  the  country  for  thirty  years, 
overspread  the  land,  and  gave  joy  and  confidence 


in  i 


470 


TimiTY  YEARS'  VIEW. 


§m 


I 


to  all  the  puntuits  of  industry.  But  this  joy 
was  not  universal.  A  largo  interest  connected 
with  the  Bank  of  the  United  States,  and  its  sub- 
sidiary and  subaltern  institutions,  and  the  whole 
paper  system,  Tchcmently  opposed  it;  and 
spared  neither  pains  nor  expense  to  check  its 
circulation,  and  to  bring  odium  upon  its  sup- 
porters People  were  alarmed  with  counterfeits. 
Gilt  counters  were  exhibited  in  the  markets,  to 
alarm  the  ignorant.  The  coin  itself  was  bur- 
lesqued, '.n  mock  imitations  of  brass  or  copper, 
with  grotesque  figures,  and  ludicrous  inscriptions 
— the  "whole  hog"  and  the  "better  currency," 
being  the  favorite  devices.  Many  newspapers 
expended  their  daily  wit  in  its  stale  depreciation. 
The  most  exalted  of  the  paper  money  party, 
would  recoil  a  step  when  it  was  offered  to  them, 
und  beg  for  paper.  The  name  of  "  Gold  humbug" 
was  fastened  upon  the  person  supposed  to  have 
been  chiefly  instrumental  in  bringing  the  derided 
coin  into  existence;  and  he,  not  to  be  abashed, 
made  its  eulogy  a  standing  theme — vaunting  its 
excellence,  boasting  its  coming  abundance,  to 
spread  over  the  land,  flow  up  the  Mississippi,  shine 
through  the  interstices  of  the  long  silken  purse, 
and  to  be  locked  up  safely  in  the  farmer's  trusty 
oaken  chest.  For  a  }'ear  there  was  a  real  war 
of  the  paper  against  gold.  But  there  was  some- 
thing that  was  an  overmatch  for  the  arts,  or 
power,  of  the  paper  system  in  this  particular, 
and  which  needed  no  persuasions  to  guide  it 
when  it  had  its  choice:  it  was  the  instinctive 
feeling  of  the  masses !  which  told  them  that 
money  which  would  jingle  in  the  pocket  was  the 
right  money  for  them — that  hard  money  was  the 
right  money  for  hard  hands — that  gold  was  the 
true  currency  for  every  man  that  had  any  thing 
tnie  to  give  for  it,  either  in  lalwr  or  property : 
and  upon  these  instinctive  feelings  gold  became 
the  avidious  demand  of  the  vast  oiKrativc  and 
producing  classes. 


J: 

f 


CHAPTER    CIX. 

KEJECTION  OF  MB.  TANEV,  NOMINATED  FOB 
8ECBETAKY  OF  THE  TBEA8UBY. 

A  PRESENTIMENT  of  what  was  to  happen  in- 
duced the  President  to  delay,  until  near  t'ae  end 
of  the  session,  the  nomination  to  the  Senate  of 


Mr.  Taney  for  Secretary  of  the  TrcaRuiy.  H, 
had  offended  the  Bank  of  the  United  States  ti>'< 
much  to  expect  Itis  confirmation  in  the  pnticnt 
temper  of  the  Senate.  Ho  had  a  right  to  hold 
back  the  nomination  to  the  lost  day  of  the  rcs- 
sion,  as  the  recess  appointment  was  valid  to  iis 
end ;  and  he  retained  it  to  the  last  week  not 
being  willing  to  lose  the  ablo  and  faithful  ser- 
vices of  that  gentleman  during  the  actual  ees. 
aion  of  Congress.  At  last,  on  the  23d  of  June, 
the  nomination  was  sent  in,  and  immediately  re- 
jected by  the  usual  majority  in  all  cases  in 
which  the  bank  was  concerned.  Mr.  Tancv, 
the  same  day  resigned  his  place  ;  and  Mr. 
McClintock  Young,  first  clerk  of  the  trcasurr, 
remained  by  law  acting  Secretary,  ^[r.  Benja- 
min Franklin  Butler,  of  New-York,  nominated 
for  the  place  of  attorney-general,  was  confirmed 
— he  having  done  nothing  since  he  camo  into 
the  cabinet  to  subject  him  to  the  fate  of  liis 
predecessor,  though  fully  concurring  with  the 
President  in  all  his  measures  in  relation  to  the 
bank. 


CHAPTER    ex. 

SENATOEIAL  INVESTIGATION  OF  THE  BANK  OF 
THE  UNITED  STATES. 

Tins  corporation  had  lost  so  much  ground  in 
the  public  estimation,  by  repulsing  the  investi- 
gation attempted  by  the  House  of  Representa- 
tives, that  it  became  necessary  to  retrieve  tie 
loss  by  some  report  in  its  favor.  The  friends 
of  the  institution  determined,  therefore,  to  have 
an  investigation  made  by  the  Senate— by  the  Fi- 
nance Committee  of  that  body.  In  conforraitj 
to  this  determination  Mr.  Southard,  on  the  last 
day  of  the  session  moved  that  that  committee 
should  have  leave  to  sit  during  the  recess  of  tin 
Senate  to  inquire  whether  the  Bank  of  the  Uni- 
ted States  had  violated  its  charter — ^whether  it 
was  a  safe  depository  of  the  public  moneys- 
and  what  had  been  its  conduct  since  1832  in  re- 
gard to  extension  and  curtailment  of  loans,  am] 
its  general  management  since  that  time.  Ik 
committee  to  whom  this  investigation  was  com- 
mitted, consisted  of  Messrs.  Webster,  Tjlcr  j 
iZ;r'"o',  Mangum,  and  Wilkins.  Of  this  com- 
mittee all,  except  the  last  named,  were  the  c|> 
ponents  of  the  admmistration,  friends  of  tin 


ANNO  1884.    ANDREW  JACKSON,  PUESIDENT. 


471 


lost  so  much  ground  in 
ly  repulsing  the  invesli- 

0  House  of  Represents- 
iccessary  to  retrieve  tbc 

its  favor.  The  friends 
mined,  therefore,  to  Iwvc 
y  the  Senate— by  the  Fi- 
at body.  In  confonnitj 
Jr.  Southard,  on  the  last 
fcd  that  that  committee 
t  during  the  recess  of  tin 
ler  the  Bank  of  the  Uni- 

1  its  charter— whether  it 
of  the  public  moneys- 
conduct  since  1832  in  re- 
curtailment  of  loans,  anil 
nt  since  that  time.  Tie 
lis  investigation  was  corn- 
Messrs.  AVebster,  Tyler 

Wilkins.    Of  this  com- 

last  named,  were  the  op- 

inistration,  friends  of  to 


\^  its  zealous  advocates  in  all  the  qiii<8tiuns 
lii'tveen  it  and  the  government,  speaking  ar- 
,!eDtly  in  its  favor,  and  voting  with  it  on  all 
,mestiOD8  during  the  session.      Mr.   Wilkins 
Tcry  properly  refused  to  serve  on  the  commit- 
tee '  and  Mr.  King  of  Alabama,  being  proposed 
in  his  place,  also,  and  with  equal  propriety,  ro- 
fuicd  to  serve.    This  act  of  the  Senate  in  thus 
undertaking  to  examine  the  bank  after  a  re- 
iiuUc  of  the  committee  of  the  House  of  Kepre- 
,eDtativc8  and  still  standing  out  in  contempt  of 
ihat  House,  and  by  a  committee  so  composed, 
and  >o  restricted,  completed  the  measure  of 
mortification  to  oil  the  friends  of  the  American 
Senate.    It  was  deemed  a  cruel  wound  given  to 
itjelf  by  the  Senate.    It  was  a  wrong  thing, 
I  (lone  in  a  wrong  way,  and  could  have  no  result 
liut  to  lessen  the  dignity  and  respectability  of 
the  Senate.     The  members  of  the  committee 
vere  the  advocates  of  the  bank,  and  its  public 
defenders  on  all  the  points  to  bo  examined. 
I  This  was  a  violation  of  parliamentary  law,  as 
I  nil  as  of  the  first  principles  of  decency  and 
I  propriety — the  whole  '^f  which  require  crimina- 
Itory  investigations  to  be  made,  by  those  who 
Imake  the  accusations.    It  was  to  be  done  in  va- 
Ication ;  for  which  purpose  the  committee  was 
|to  sit  in  the  recess — a  proceeding  without  prc- 
dent,  without  warrant  from  any  word  in  the 
nnstitution — and  susceptible  of  the  most  abuse- 
iTul  and  factious  use.    The  only  semblance  of 
precedent  for  it  was  the  committee  of  the  House 
1824,  on  the  memorial  of  Mr.  Ninian  £d- 
irards  against  Mr.  Crawford  in  that  year ;  but 
^hat  was  no  warrant  for  this  proceeding.    It 
iras  a  mere  authority  to  an  existing  commit- 
which  had  gone  through  its  examination, 
nd  made  its  report  to  the  House,  to  continue 
session  after  the  House  adjourned  to  take 
!  deposition  of  the  principal  witness,  detained 
'  sickness,  but  on  his  way  to  the  examination. 
Ibis  deposition  the  committee  were  to  take, 
ublish,  and  be  dissolved ;  and  so  it  was  done 
ordingly.    And  even  this  slight  continuation 
fa  committee  Was  obtained  from  the  House 
^th  difficulty,  and  under  the  most  urgent  cir- 
ftances.    Mr.  Crawford  was  a  candidate  for 
presidency;  the  election  was  to  come  on 
ifore  Congress  met  again ;  Mr.  Edwards  had 
I  criminal  charges  against  him ;  all  the  tes- 
Dony  had  been  taken,  except  that  of  Mr.  £d- 
himsolf ;  and  he  had  notified  the  com- 


mittee that  ho  was  on  hi^  way  to  nppear  Iwforu 
them  in  obedienco  to  tliuir  summon').  And  it 
was  under  these  circumstances  tlint  tlic  cxititin^ 
committeo  was  authorized  tu  remain  in  ses- 
sion for  his  arrival — to  receive  his  ti-stiuiony— 
publish  it — and  dissolve.  No  perambulation 
through  the  country — no  indetinite  session — no 
putting  members  upon  Congress  per  diemn  and 
mileage  from  one  session  to  anotiicr.  Wrong- 
ful and  abuscful  in  its  creation,  this  peripa- 
tetic committee  of  the  Senate  was  equally  tio 
in  its  composition  and  object.  It  was  com|)oscd 
of  the  advocates  of  the  bank,  and  its  object  evi- 
dently was  to  retrieve  for  that  institution  a 
part  of  the  ^-round  which  it  had  lost ;  and  was 
so  viewed  by  the  community.  Xbo  clear-sight- 
ed masses  saw  nothing  in  it  but  a  contrivance 
to  varnish  the  bank,  and  the  odious  appella- 
tion of  "whitewashing  committee"  was  fubteu- 
ed  upon  it. 


CHAPTER    CXI. 

UOWNtALL  OF  THE   BANK  OF  THE  UNITED 
STATES. 

When  the  author  of  the  jEneid  had  shown  the 
opening  gradeur  of  Rome,  he  deemed  himself 
justified  in  departing  from  the  chronological 
order  of  events  to  look  ahead,  and  give  a 
glimpse  of  the  dead  Marcellus,  hope  and  heir  of 
the  Augustan  empire ;  in  the  like  manner  the 
writer  of  this  View,  after  having  shown  the 
greatness  of  the  United  States  Bank — exempli- 
fied in  her  capacity  to  have  Jackson  condemned 
— the  government  directors  and  a  secretary  of 
the  treasury  rejected — a  committee  of  the  IIouso 
of  Representatives  repulsed — the  country  con- 
vulsed and  agonized — and  to  obtain  from  the  Se- 
nate of  the  United  States  a  committee  to  prucccd 
to  the  city  of  Philadelphia  to  "wash  out  its  foul 
linen;" — after  seeing  all  this  and  beholding  the 
greatness  of  the  moneyed  power  at  the  culmina- 
ting point  of  its  domination,  I  feel  justified  in 
looking  ahead  a  few  years  to  see  it  in  its  altered 
phase — in  its  ruined  and  fallen  estate.  And 
this  shall  be  done  in  the  s'mplest  form  of  ex- 
hibition ;  namely :  by  copying  some  announce- 
ments from  the  Philadelphia  papers  of  the  day. 
Thus:  1.  "Resolved  (by  the  stockholders),  that 


MlH 


472 


THIRTY  YEARS'  VIEW. 


■i , 


it  In  cxpodiont  for  the  Rnnk  of  the  United  StatcH 
to  innkc  a  peneral  ashipinient  of  the  real  am! 
jiersoiKil  estate,  poods  and  ehattelfl,  riplitH  and 
credits,  whatMoevir,  and  wheresover,  of  tlie  Baid 
corjwration,  to  five  persons,  for  the  payment  or 
Bccuring  of  the  dehts  of  the  same — aprceahly  to 
the  proviHions  of  the  acts  of  Assenilily  of  this 
coniinonvvealth  (Pennsylvania)."  2.  "  It  is 
known  that  measures  have  l>cen  taken  to  rescue 
the  property  of  this  shattered  institution  from 
iropcndinp  peril,  and  to  recover  as  much  as  pos- 
sihlc  of  those  enormous  bounties  which  it  was 
conceded  Imd  been  paid  by  its  late  managers  to 
trading  politicians  aiid  mercenary  publishers  for 
corrupt  services,  rendered  to  it  during  its  char- 
ter-seeking and  electioneering  campaigns."  3. 
"  The  amount  of  the  suit  instituted  by  the  Bank 
of  the  United  States  against  Mr.  N.  Biddio  is 
$1,018,000,  paid  out  during  his  administration, 
for  which  no  vouchers  can  be  found."  4,  "  The 
United  States  Bank  is  a  p^-rfect  wreck,  and  is 
seemingly  the  prey  of  the  officers  and  their 
friends,  which  are  making  away  with  Its  choicest 
assets  by  selling  them  to  each  other,  and  taking 
pay  in  the  depreciated  paper  of  the  South."  5. 
"  Besides  its  own  stock  of  35,000,000,  which  is 
Bunk,  the  bank  carries  down  with  it  a  great  many 
other  institutions  and  companies,  involving  a 
loss  of  about  21,000,000  more — making  a  loss 
of  50,000,000 — ^bcsidos  injuries  to  individuals." 
C.  "  There  is  no  price  for  the  United  States 
Bank  stock.  Some  shares  are  sold,  but  as  lot- 
tery tickets  would  be.  The  mass  of  the  stock- 
holders stand,  and  look  on,  as  passengers  on  a 
ship  that  is  going  down,  and  from  which  there 
is  no  escape."  7.  "  By  virtue  of  a  writ  of  ven- 
ditioni exponas,  directed  to  the  sheriff  of  the 
city  and  county  of  Philadelphia,  will  be  exposed 
to  public  sale  to  the  highest  bidder,  on  Friday, 
the  4th  day  of  November  next,  the  marble  house 
and  the  grounds  known  as  the  Bank  of  the 
United  States,  &c."  8.  "  By  virtue  of  a  writ  of 
levari  facias,  to  me  directed,  will  be  exposed  to 
public  sale  the  estate  known  as  'Andalusia,' 
ninety-nine  and  a  half  acres,  one  of  the  most 
liighly  improved  places  in  Philadelphia;  the 
mansion-house,  and  out-houses  and  offices,  all  on 
the  most  splendid  scale  5  the  green-houses,  hot- 
houses, and  conservatories,  extensive  and  useful ; 
taken  as  the  property  of  Nicholas  Biddle."  9. 
To  the  honorable  Court  of  General  Sessions. 
The  grand  jury  for  the  county  of  Philadelphia, 


respectfully  submit  to  the  court,  on  Ihi-ir  o«i| 
and  affirmations,  that  certain  officers  C(>nn«ci,j 
with  the  United  States  Bank,  have  Ix'en  pi|||.. 
of  a  grogs  violation  of  the  law— colludlnit  t,i. 
gether  to  defraud  tho«e  stockholders  who  h»,i 
trusted  their  property  to  bo  prcBer\'ed  l)y  then! 
And  that  there  is  good  ground  to  warrant  ^ 
prosecution  of  such  persona  for  criminal  ofTcnrf . 
which  the  grand  jury  do  now  present  to  thf 
court,  and  ask  that  the  attorney-general  be  <]. 
rcctcd  to  send  up  for  the  action  of  the  puB,! 
jury,  bills  of  indictment  against  Nicholas  Biddl,. 
Samuel  Jaudon,  John  Andrews,  and  others  t, 
the  grand  jury  unknown,  for  a  conspiracy  tn 
defraud  the  stockholders  in  the  Bank  ofth, 
United  States  of  the  sums  of,  &c."    10.  Billsif 
indictment  have  been  found  against  Nichfiki 
Biddle,  Samuel  Jaudon  and  John  Andrews  ar. 
cording  to  the  presentment  of  the  grand  jnr, 
and  bench  warrants  issued,  which  have  bein 
executed  upon  them."     11.  "Examination  df 
Nicholas  Biddio,  and  others,  before  Recorder 
Vaux.     Yesterday  afternoon  the  crowd  uA 
excitement  in  and  about  the  court-room  when 
the  examination  waa  to  take  place  was  eves 
greater  than  the  day  before.    The  court-room 
doors  were  kept  closed  up  to  within  a  few  min- 
utes of  four  o'clock,  the  crowd  outside  blocliing 
up  every  avenue  leading  to  the  room.    When 
the  doors  were  thrown  open  it  was  immcdiatdv 
filled  to  overflowing.    At  four  the  Recorder 
took  his  seat,  and  announcing  that  he  wosresdr  | 
to  proceed,  the  defendants  were  called,  and  set- 
erally  answered  to  their  names,  &c."    12.  "On  I 
Tuesday,  the  18th,  the  examination  of  Nicholu 
Biddio  and  others,  was  continued,  and  conciud- 1 
ed;  and  the  Recorder  ordered,  that  Nicholal 
Biddle,  Thomas  Dunlap,  John  Andrews,  Samnd  I 
Jaudon,  and  Joseph  Cowperthwaite,  each  enta  I 
into  a  separate  recognizance,  with  two  or  mm  I 
sufficient  sureties,  in  the  sum  of  $10,000,  fori 
their  appearance  at  the  present  sessioii  of  the  I 
court  of  general  sessions  for  the  city  and  countrf 
of  Philadelphia,  to  answer  the  crime  of  w'Ml 
they  thus  stand  charged."    13.  "  Nicholas  Bill- 1 
die  and  those  indicted  with  him  have  beencarritil 
upon  writs  of  habeas  corpus  before  the  Jud|(il 
Barton,  Conrad,  and  Doran,and  discharged  fi«| 
the  custody  of  the  sheriff."    14.  "The  crimiiiil| 
proceedings  against  these  former  officers  of  ti»  I 
Bank  of  the  United  States  have  been  broughtbl 
a  dose.    To  get  rid  of  the  chaVges  against  Hmt 


ANSO  1884.    ANDREW  JACKSOK,  I'R&IDKNT. 


473 


B  court,  on  their  ottl.i 
tain  offlcem  connwiM 
Innk,  have  Ix'cn  ifuilt, 
the  law— collmlinif  t,. 
BtockholdtTH  who  h».) 
bo  prcBcrvcd  hy  thtm, 
ground  to  warrant  \ 
iiw  for  criminal  oiTcno. 
:lo  now  present  to  the 
attorney-general  le  ij. 
lie  action  of  the  pniBii 
[jffainat  Nicholas  Bidil!, 
Andrews,  and  others,  t , 
irn,  for  a  conspiracy  t^ 
srs  in  the  Bank  of  tb 
na  of,  &c."    10.  Hills, ,f 
found  against  NichnU< 
and  John  Andrews,  tr- 
ncnt  of  the  grand  jiin, 
laucd,  which  have  bwn 

11.  "Examination  of 
others,  before  Rcconjw 
cmoon  the  crowd  kA 
it  the  court-room  when 
to  take  place  was  even 
before.  The  court-rooo 
up  to  within  a  few  mlii- 
e  crowd  outside  blocliinj 
ig  to  the  room.  ■When 
t  open  it  was  immcdiatelj 

At  four  the  Recordtf 
mncing  that  he  was  ready 
ints  were  called,  and  m- 
lirnames,  &c.''  12.  "On 
examination  of  Nicholu 
is  continued,  and  conclud- 

ordered,  that  Nichola 
ap,  John  Andrews,  Samwl 
Jowperthwaite,  each  enta 
lizance,  with  two  or  mm 
the  sum  of  ^10,000,  for 
;he  present  eessioii  of  the 
ms  for  the  city  and  county 
iswor  the  crime  of  vM 
5ed."    13.  "  Nicholas  B* 
with  him  have  beencarrW 
corpiis  before  the  Judp« 
Doran,  and  discharged  fro 
eriflF."    14.  "  The  crimiiiil 
hese  former  officers  of  lie 
States  have  been  broughtte 
jf  the  chaVges  agwnst  tba 


tithoiit  trial  of  the  fartH  ai^ainst  them,  ticforo  a 
iiirr,  th«*y  hail  themeolvea  flum-nileri'd  by  their 
Uil,  and  »ii«d  out  writM  of  hahms  cnrpiia  for 
the  releaoo  of  their  perHonn.  The  opinions  of 
ihe  jiidneg,  the  procecdinir*  having  been  con- 
flmieil,  wiTo  ili'livert'd  ycnterday.  The  opinioiiH 
fj,„lj;eH  Barton  and  Conrad  was  for  their  dis- 
,  barge ;  that  of  Jud(;o  Doran  %va8  unfavorable. 
jlifV  were  accordingly  discharged.  The  indig- 
nttiun  of  the  community  is  intense  against  this 
j^pe  from  the  indictments  without  jury  trials." 


CHAPTER    CXII. 

riKATII  OV  JOHN  RANDOLPH,  OF  UOANOAKE. 

lilt:  died  at  Philadelphia  in  the  summer  of  1833 
-the  scene  of  his  early  and  brilliant  apparition 
^n  the  stage  of  public  life,  having  commenced 
u?  parliamentary  career  in  that  city,  under  the 
^rst  Mr.  Adams,  when  Congress  sat  there,  and 
rhcn  he  was  barely  of  an  age  to  bo  admitted 
Bto  the  body.  For  more  than  thirty  years  he 
ira/i  the  political  meteor  of  Congress,  blazing 
^ith  undiminished  splendor  during  the  whole 
ne,  and  often  appearing  as  the  "planetary 
l|a;!ue  "  which  shed,  not  war  and  pestilence  on 
ations,  but  agony  and  fear  on  member.^.  His 
Lrcasm  was  keen,  refined,  withering — with  a 
jteat  tendency  to  indulge  in  it ;  but,  as  he  be- 
|eved,as  a  lawful  parliamentary  weapon  to  effect 
^mc  desirable  purpose.  Pretension,  meanness, 
I  demagogism,  were  the  frequent  subjects  of 
I  exercise  of  his  talent ;  and,  when  confined  to 
em,  he  was  the  benefactor  of  the  House.  "Wit 
genius  ail  allowed  him ;  sagacity  was  a 
ality  of  his  mind  visible  to  all  observers — and 
|ilch  gave  him  an  intuitive  insight  into  the 
ct  of  measures.  During  the  first  six  years 
,  Mr.  Jcflcrson's  administration,  he  was  the 
lurat "  of  his  party,  brillicat  in  the  charge, 
always  ready  for  it;  and  valued  in  the 
Dcil,  as  well  as  in  the  field.  He  was  long 
chairman  of  the  Committee  of  Ways  and 
ans— a  place  alwaj's  of  labor  and  responsi- 
|ly,  and  of  more  then  than  now,  when  the 
Dents  of  revenue  were  less  abundant ;  and 
nan  could  have  been  placed  in  that  situation 
hng  Mr.  JefTersoD's  time  whose  known  saga- 


city was  not  a  pledge  for  the  pafi-ty  of  hi*  had 
in  the  most  iinihlcn  and  rriticul  c-in'uinHlaniTii. 
He  was  one  ofthoxe  whom  tlint  I'liiinciit  ntntt'^* 
man  habitunlly  consulted  during  the  periiHl  of 
their  friendship,  and  to  whom  he  can  fully  coni- 
inunicatetl  his  plans  In-fori'  tiny  wj  re  given  to 
the  public.  On  his  arrival  at  WaHhington  ut 
the  opening  of  each  weosion  of  Conjrri'Hs  during 
this  period,  he  regularly  found  waiting  for  him 
at  his  established  Uxlgings — thon  CrawfortlV, 
Georgetown — the  card  of  Mr.  JelfiT-son,  with  an 
invitation  for  dinner  the  next  day  ;  a  dinner  at 
which  the  loading  measures  of  the  ensuing  ses- 
sion wero  the  principal  topic.  Mr.  Jeflirson 
did  not  treat  in  that  way  a  member  in  whose 
sagacity  he  had  not  confidence. 

It  is  not  just  to  judge  such  amnn  by  ordinary 
rules,  nor  by  detached  and  separate  incidents  in 
his  life.  To  comprehcud  him,  he  must  be  judged 
as  a  whole — physically  and  mentally — and  un- 
der many  aspects,  and  for  his  entire  life.  He 
was  never  well — a  chronic  victim  of  ill  health 
from  the  cradle  to  the  grave.  A  letter  from  his 
most  intimate  and  valued  friend,  Mr.  Macon, 
written  to  me  after  his  death,  expressed  the  be- 
lief that  ho  had  never  enjoyed  during  his  life 
one  day  of  perfect  health — such  as  well  people 
enjoy.  Such  life-long  suffering  must  have  its 
eflcct  on  the  temper  and  on  the  mind ;  and  it 
had  on  his — bringing  the  temper  often  to  the 
querulous  mood,  and  the  state  of  his  mind  some- 
times to  the  question  of  insanity ;  a  question 
which  became  judicial  after  his  death,  when  the 
validity  of  his  will  came  to  bo  contested.  I  had 
my  opinion  on  the  point,  and  gave  it  responsibly, 
in  a  deposition  duly  taken,  to  bo  read  on  the 
trial  of  the  will ;  and  in  which  a  belief  in  his 
insanity,  at  several  specified  periods,  was  fully 
expressed — ^>vith  the  reasons  for  the  opinion.  I 
had  good  opportunities  of  forming  an  opinion, 
living  in  the  same  house  with  him  several  years, 
having  his  confidence,  and  seeing  him  at  all 
hours  of  the  day  and  night.  It  also  on  several 
occasions  became  my  duty  to  study  the  ques- 
tion, with  a  view  to  govern  my  6wn  conduct  un- 
der critical  circumstances.  Twice  he  applied  to 
me  to  carry  challenges  for  him.  It  would  have 
been  inhuman  to  have  gone  out  with  a  man  not 
in  his  right  mind,  and  critical  to  one's  self,  as 
any  accident  on  the  ground  might  seriously  com- 
promise the  second.  My  opinion  was  fixed,  of 
occasional  temporary  aberrations  of  mind ;  and 


^t 


y 


474 


THIRTV  YEAIW  VIKW. 


«liirinf(  Hiirli  pi  -  Io'In  Ii<>  would  i|o  ami  nay  itnnite 
IhinjTM — liiit  uinayn  in  hi.'*  own  way — not  only 
inotliud,  liiit  i^'t'iiiiiH  in  hirt  fnnlib*ii-H:  noiliing  to 
bi>«|K'uk  a  III' I  heart, but  onlyo:  iiltntion  and  t>x- 
ritiinciit.  Tlu)  nioHt  hriillunt  tulk  that  I  uwr 
lii-iknl  fron)  liini  <'.iiiiu  furtli  on  nik-Ii  (KTanioiii — 
i\  How  for  lioiiiM  (ut  ono  time  m.*<p  1j.)1i  . ),  of 
popiouH  wit  uml  fliiHHic  allusion— i.  f*rfi'cl  ^cit- 
ti-rini;  of  the  dianiondM  uf  thu  mind.  I  heard  a 
frJL-nd  ruuinrk  on  one  of  thosvoi-niHiouH,  ''  hu  has 
woHttd  inti'lli-ctuikl  ji'Wi'lry  iiiou^ih  hero  thlH 
fvenin^?  to  iijuii)  many  »|it'.»ker.s  for  grcnt  ora- 
tionH."  I  oncu  nouiidfd  hint  on  thu  dvlicato 
point  of  hirt  own  opinion  of  hinif^df : — of  course 
whvn  he  wan  in  a  [)c>rfectly  nntuinl  state,  and 
when  hu  had  Nuid  Bomethinfi;  to  permit  an  ap- 
|iroach  to  such  a  Ruhject.  It  wnH  tlurinf^  Iun  Ikist 
virtit  to  Wttshinj^ton,  two  winters  hif  re  lu  iii<  '1. 
It  was  in  my  room,  in  the  gloom  of  the  e-eiiii  j 
liglit,  as  tho  day  was  going  out  and  the  lampB 
not  lit — no  ono  prascnt  but  ouisclvcs — )io  re- 
clining on  a  Kofa,  nilcnt  and  thoughtful,  speak- 
ing but  seldom,  and  I  only  in  reply,  I  hcanl  him 
repeat,  as  if  to  himself,  those  lines  from  John- 
eon,  (w  Inch  in  fact  I  had  often  heard  from  him 
before),  on  "Senility  and  Imbecility,"  which 
show  us  life  under  its  most  melancholy  form. 

"Ill  llf''H  liu't  fcenoo  whot  prodigies  »urj)rt«o, 
Fenr»  ofllio  liravo,  ■nil  fulUvsnf  thu  wise  I 
From  MarlbnroiiKirs  eyes  tlu*  ttrcauiR  of  dotage  flow, 
And  Swilt  dxi'lrus, «  driveller  and  •  show. " 

When  he  had  thus  repeated  these  lines,  which 
ho  did  with  deep  feeling,  and  in  slow  and  mea- 
sured cadence,  I  deemed  it  excusable  to  make 
a  remark  of  a  kind  which  I  had  never  ventured 
on  before;  and  said:  Mr.  Randolph  I  have 
several  times  heard  you  repeat  these  lines,  as 
if  they  could  have  an  application  to  yourself, 
while  no  person  can  have  less  reason  to  fear  the 
fate  of  Swift.  T  i-;i;d  tli's  fr  sound  him,  and  to 
Bee  what  ho  tlio'tglit  m"  himself.  Ilir  mower 
wns:  "I  have  'v- d  i  i  ':.''».i.'  of  insanitj . '  That 
answer  was  thu  0|jciiing  of  a  sealed  book — re- 
vealed to  me  the  source  of  much  mental  agony 
that  I  had  seen  him  undergo.  I  did  deem  him 
in  danger  of  tho  fato  of  Swift,  and  from  the 
same  cause  as  judged  by  his  latest  and  greatest 
biographer,  Sir  AV^alter  Scott. 

His  parliamentary  life  was  resplendent  in 
talent — elevated  in  moral  tone — always  moving 
•n  the  lofty  line  of  honor  and  patriotism,  and 


Hroming  every  thing  moan  and  i«<lflNh.    II,,  ,y 
the  indignant  enemy  of  pt-rxonal  and  pli;, 
legislation,  and  the  very  ncourgeof  iutrij^e  n, 
corru[ii  He  n!venn<f<l  an  hon^•^t  n, 

tho  huiiii..e«t  pnrh,  and  ncorned  tho  ili.li  ,,,„ 
though  plated  with  gold.     An  opinion  xru  r,r 
pagated  that  he  woh  flcklo  in  his  frii  n  j  i, 
Certainly  there  were  some  eaprieioits  rlim, , 
but  fur  more  instances  of  steadfoHt  adhrnno 
His  friendfthip  with  Mr.  Macon  was  hii-tuR, 
Their  names  went  together  in  life  -live  tii)!fthfr  I 
in  death — and  are  honored  together,  nioii  l, 
those  whf  kri' w  them  best.     With  .Mr.  ^ut■\ 
well,  hi-  l.iji' l^hip  was  »till  longer  than  thi 
wita  '.  If    '"ei    ,  commencing  in  boyhood  j^j 
iTt'y  cr'iing  >\  I'  >i  life.    So  of  many  others;  jujl 
li  ■)•< ,  li  icntlv  tu  of  his  neighbors  and  consiit;,.  j 
cnts—  I  ue  people  of  his  congressional  distrkt- 
affectionaSe  as  w  -ill  as  faithful  to  him  ;  ilwiibil 
him  a.H  they  did,  110..1  boyhood  to  the  gnij 
No  0)0  lelt  more  for  frienUi.-,  or  was  more  »iil 
citouB  and  anxious  at  tho  side  of  the  eickuiil 
dyin^'  bed.    Love  of  wine  was  attributi'd  iJ 
him ;  and  what  was  mental  excitement,  wu  n-l 
ferrcd  to  deep  potations.    It  was  a  gruaterroi;! 
I  never  saw  him  affected  by  wine — not  ctid  itl 
the  slightest  departure  from  the  habitual  uil 
scrupulous  decorum  of  his  manners.    IIln  kb.! 
per  was  naturally  gay  and  f'Ocial,  and  m  a\ 
dulged  when  suffering  of  mind  and  bodypn>l 
mitted.    lie  was  tho  charm  of  the  dinncr-ubitl 
where  his  cheerful  and  sparkling  wit  dclightril 
every  ear,  lit  up  every  countenance,  and  (ItUiMil 
every  guest.     He  was  charitable;  but  chojil 
to  conceal  the  hand  that  ministered  rclitf,  1 
have  often  seen  him  send  little  children  outit| 
give  to  the  poor. 

lie  was  one  of  the  largo  slaveholders  of  Ti^| 
ginia,  but  disliked  the  institution,  and,trlK 
let  alone,  opposed  its  extension.    Thus,  iu  iNJSJ 
when  OS  chairman  of  the  committee  which  I^| 
noi  od  upon  the  Indiana  memorial  for  ii  tm^ 
rory  dispensation  ft-om  the  anti-slavery  pan  0 
the  ordinance  of  1787,  he  puts  the  quctki 
upon  a  statesman's  ground  5  and  reports  a 
it,  in  a  brief  ami  comprehensive  argument: 

"That  the  rapid  population  of  the  State « 
Ohio  sufficiently  evinces,  in  the  opinion  of  yn 
committee,  that  the  lab<  r  of  the  slave  Iji 
necessary  to  promote  the  growth  and  sett 
ment  of  colonif  h  in  that  region.  That  this  b| 
bor,  demonstrably  tlu  dearest  of  any,  can  ( , 
be  employod  to  advautagv  in  the  culUvtiiwi 


ANNO  1834.    ANUKCW  iXCKMiK,     UIMUKNT. 


47.1 


pc-moniil  ftiul  Jill : 

HrnHrHCIifiUlllKtle  l(, 

ncorni'il  tlio  ili  I;    .. 
I.     An  opinion  wa*  j 
cklo  in  h\»  fiiuii  1,  < 
lino  cftjirit'iont  ''littn.. 
»)f  Ktciiiiraflt  ailhcn-no. 
Ir.  Macon  wa«  hi^tohf.  | 
;hcr  in  lifo-livc  Imntht,  ] 
norctl  toprcthor,  mo»i  l, 
iKit.     ^Vitll  Mr.  Tu^ 
M  ►till  longtr  than  ilii I 
nciicinn  in  boyhood,  lal 
So  of  many  others ;  jcj  | 
ia  neighbors  ami  con«{iu- 
is  conjtrcBsionol  diulriil- 1 
1  faithful  to  him;  vlmin; 
,,•.  boyhood  to  the  put. 
fricnUi:,  or  was  more  kjItI 
t  the  Bide  of  the  sidwil 
r  wino  was  attribuUti  til 
nontal  excitement,  wm  n-| 
)n9.    It  was  a  groat  emi j 
ptcd  by  wine — not  cvin  hi 
ire  from  the  habitual  ull 
of  his  manners.    His  U*l 
ay  and  (-ocial,  and  so  i>| 
ng  of  mind  and  bodypn-j 
charm  of  the  dinncrUUtl 
nd  sparkling  wit  dclightoi| 
f  countenance,  and  ditaimil 
vas  charitable  ;  but  chwl 
that  ministered  relief, 
send  little  children  outttl 

largo  slaveholders  ot  Xt\ 
the  institution,  and,wti 

extension.  Thu8,iul8« 
of  the  committee  which  »| 
liana  memorial  for  a  temp 
om  the  anti-slavery  pm 
•87,  he  puts  the  quc^tic 
jroundj  and  reports  i 
nprehensivo  argument; 

population  of  the  Stated 
in«!8,  in  the  opinion  of  yd 
e  lab<  r  of  the  slave  is  r 
„te  the  growth  and  Mti 
that  region.  That  this  l»| 
thf  dearest  of  any,  can  0 
rantageinthecultivaiwi 


,|,iru  ni'irc  valtiablf  than  any  known  to  that 

^(.r.-f  till'  rniu'ii  Stat<'«:  and  the  conimil- 

iWiii  it  liii.'hly  <!ttii(ffroui»  and  inrxpediont 

,  ,,,,,1,  r !»  priiviHion  wiwiy  caliMilalttl  to  pro- 

,,        |,ii|)|iimH«nnd  proH|)«.'rity  of  tho  norlh- 

<uui  (.•.'■i!i>  *"d  to  ^rivu  strcnKthand  titvu- 

totluit'Ai  M'     tj  f^vuiiir.    In  thi'  naiutary 

»lif>i»  of  tliM  r.»jr«ci'ni8  and  IxMirsolfiit  n- 

linint,  it       VH!;tvi«d  that  the  inlmlniuil-*  '  "" 

lumawiil,  »t  no  vi-ry  distant  day,  bud  nnipl, 

..luinratiou  for  a  tempi ""ary  privation  of  labor 

i,,i,i'rralioii." 


llow-v*  npnintt  slav«'ry;  and  byhi«  will,  \>'>ih 

miimitted  and  provided   for   the   hundreds 

Lhirh  he  Ill-Id.    But  he  was  against  forei;  n  lr»- 

^rftrenre  with  his  rights,  his  feclinptv  or  hi* 

btifs;  and  never  failed  to  resent  an.i  rvbuki- 

tch  interference.     Thus,  he  was    .«o  of  the 

Lt  lealous  of  the  oppose  rs  of  tiu>  propowd 

|i4«ouri  rcKtriction;  and  even  voted  against  the 

Tisiunal  line  of  "  thirty-six  thirty."     In  the 

(,11^,  when  tlie  tenn  "ttlavcholder"  would  Ikj 

proachfuUy  used,  he  would  assunu   \t,  and  re- 

rtoameml)cr,notln  the  parliamentary  phrakse 

fcoUcague,  but  in  the  complimentui     title  of 

pv  fcUow-slavcholder."  And,  in  Lou.  ion,  when 

[  consijfnces  of  his  tobacco,  and  the  i-  'avo  lac- 

of  his  father,  urged  him  to  liber  vt«  his 

ires,  he  quieted  their  intrusive  philant  liropy, 

I  the  ffot,  by  saying,  "  Yes :  you  buy  aad  sot 

[  to  the  amount  of  the  money  you  have  noeiv- 

Ifrom  my  father  and  his  estate  for  these  slaves, 

1 1  will  set  free  an  equal  number." 

In  his  youth  and  later  age,  he  fought  dm  Ist : 

lliis  middle  life,  he  was  against  them ;  nnd, 

1  a  while,  would  neither  give  nor  receiv«    a 

klcngc.    lie  was  under  religious  convictions 

Ihc contrary,  but  finally  yielded  (as  ho  b<- 

|e<l)  to  an  argument  of  his  o^iti,  that  a  due 

private  war,  and  rested  upon  the  samt 


and  ShWeapcare  were,  in  his  latter  year^.  hi* 
constant  i-oiniMniAms—  travdlinx  with  hni  on 
the  roitd — reiu«ittinK  ^ith  him  In  th«t  rlmiulMT 
The  iant  tJMw  I  Mtv  him  (in  that  lii-«t  vimt  to 
Watihin){to«V  l#e>r  his  return  from  the  Uiiifiuii 
misaton,  aik«l  »  n  he  was  in  full  vii  w  of  death) 
I  board  ktni  r<  u<l  the  cha|iter  in  tli"  Ittvi lutioiin 
(of  tW  o|>iMlag  of  the  seulM),  with  Huch  |>ow- 
'  r  wtd  buauty  of  voice  and  dtdivery,  and  t«ueU 
r  -pill  of  patlioit,  that  I  felt  as  if  1  had  lu-ver 
htard  the  chapter  ^*d  Kfore.  Wlun  he  had 
got  to  the  end  of  Ih  *»«lnK  of  thv  isixth  seal, 
he  stoi)|M.'d  ll"'  n-tti  laid  III'    '"'ok  ("inii  at 

I.I.  hi 


the  place)  on     '•*  I  i 
and  begun  a  .       muisc 
sublimity  of  tlit      nptui. 
to  which  fK>  <'iis»u  ill?  nil 
vain  and  emipty,    <•       .  <> 
sented  by  l/'i   "peui;,       1   tht 
that  their  di    nity  wa      v  the! 
no  human  power  couiii    n  .>. 
and  inspire  the  -am*  »>*•      i' 
ourselves  into  such  noti 
of  the  "  wrath  of  the  L 
no  proof  of  their  divine 
feelings  which  tlacy  inspn^ 


,  ou  lii/>  Lh'>1, 

I   'he  bcMity  and 

wrilii  ^  1,  oom|>ari  d 

man  compositions 

titu  iinageH  |)ro* 

eals,  he  u>  erred 

ubliiuiiy — that 

same  images, 

>)         or,  and  sink 

the  presence 

— that  ho  wanted 

«  ill     the  sublime 


C  II  /  P  T  E  R 


DKATll  OP  .MU.  W 


1  il. 


He  died  at  the  age  of  sixty-i 
reached  a  place  in  the  first  line  ; 
bar,  where  there  were  such  law  \ 


nftcr  having 
'  •  Virginia 
IS  Wick- 
ham,  Tazewell,  Watkins  Leigh;  unu  u  place  in 
the  IVont  rank  of  the  bar  of  the  Supreme  Court, 
as  public  war ;  and  that  both  were  allow-    where  there  were  such  jurists  as  Webster  and 
when  there  was  no  other  redress  for  in-    Pinkuey ;  and  after  having  attained  the  high 
and  injuries.     That  was  his  argument ;    honor  of  professional  preferment  in  the  appoint- 
I  thought  his  relapse  came  more  from  feel-    meat  of  Attorney  General  of  the  United  States 


Ithan  reason ;  and  especially  from  the  death 
pcatur,  to  whom  he  was  greatly  attached, 

Those  duel  with  Barron  long  and  greatly 
lied  him.  He  had  religious  impressions,  and 

1  of  piety  which  showed  itself  more  In  pri- 
i  tbn  in  external  observances.    He  was  ha- 

1  in  his  reverential  regard  for  the  divinity 

^r  religion ;  and  one  of  his  beautiful  expres- 

waa,  that,  "  If  woman  had  lost  us  para- 

I  she  had  gained  us  heaven."    The  Bible 


under  the  administration  of  Mr.  Monroe.  His 
life  contains  instructive  lessons.  Bom  to  no 
advantages  tf  wealth  or  position,  he  raised  him- 
self to  whb..  ho  became  by  his  own  exertions. 
In  danger  of  falling  into  a  fatul  habit  in  early 
life,  he  retrieved  himself  (touched  by  the  noblo 
generosity  of  her  who  afterwards  became  his 
admired  and  beloved  wife),  from  the  brink  of 
the  abyss,  and  became  the  model  of  every  do- 
mestic virtue;  with  genius  to  shine  without 


'-'IJ^^Mki 


476 


THIRTY  YEARS*  VIEW. 


labor,  he  yot  considered  (genius  nothing  without 
labor,  and  gave  through  life  a  laborious  applica- 
tion to  the  study  of  the  law  as  a  science,  ai.d  to 
each  particular  case  in  which  he  was  ever  em- 
ployed. The  elegant  pursuits  of  literature  oc- 
cupied the  moments  taken  from  professional 
studies  and  labors,  and  gave  to  the  rea<ling  pub- 
lic several  admired  productions,  of  which  the 
long-desired  and  beautiful  ''Life  of  Patrick 
Henry,'*  was  the  most  considerable :  a  grateful 
commemoration  of  Virginia's  greatest  orator, 
which  has  been  justly  repaid  to  one  of  her  first 
cfass  orators,  by  Mr.  Kennedy  of  Maryland,  in 
his  classic  "  Life  of  William  Wirt."  How  grate- 
ful to  sec  citizens,  thus  engaged  in  laborious 
professions,  snatching  moments  from  their  daily 
labors  to  do  justice  to  the  illustrious  dead — to 
enlighten  posterity  by  their  history,  and  en- 
courage it  by  their  example.  Worthy  of  his 
political  and  literary  eminence,  and  its  most 
shining  and  crowning  ornament,  was  the  state 
of  his  domestic  relations— exemplary  in  every 
thing  that  gives  joy  and  decorum  to  the  private 
family,  and  rewarded  with  every  blessing  which 
could  result  from  such  relations.  But,  why  use 
this  feeble  pen,  when  the  voice  of  Webster  is  at 
hand  ?  Mr.  Wirt  died  during  the  term  of  the 
Supreme  Court,  his  revered  friend,  the  Chief 
Justice  Marshall,  still  living  to  preside,  and  to 
give,  in  touching  language,  the  order  to  spread 
the  proceedings  of  the  bar  (in  relation  to  his 
death)  upon  the  records  of  the  court.  At  the 
bar  meeting,  which  adopted  these  proceedings, 
Mr.  Webster  thus  paid  the  tribute  of  justice  and 
affection  to  one  with  whom  professional  rivalry 
had  been  the  source  and  cement  of  personal 
friendship : 

"  It  is  announced  to  us  that  one  of  the  oldest, 
one  of  the  ablest,  one  of  the  most  distinguished 
members  of  this  bar,  has  departed  this  mortal  life. 
William  Wirt  is  no  more !  He  has  this  day  closed 
a  professional  career,  among  the  longest  and  the 
most  brilliant,  which  the  distinguished  members 
of  the  profession  in  the  United  States  have  at 
any  time  accomplished.  Unsullied  in  every 
tiling  which  regards  professional  honor  and  in- 
tegrity, patient  of  laboi,  and  rich  in  those  stores 
of  learning,  which  are  the  reward  of  patient 
labor  and  patient  labor  only ;  and  if  equalled, 
yet  certainly  allowed  not  to  be  excelled,  in  fer- 
vent, animated  and  persuasive  eloquence,  he  has 
left  an  example  which  those  who  seek  to  raise 
themselves  to  great  heights  of  professional  emi- 
Mnce,  will,  hereafter  emulously  itudy.    For- 


tunate, indeed,  will  be  the  few,  who  shall  imiijta 
it  successfully !  " 

"  As  a  public  man,  it  is  not  our  peculiar  dm-l 
to  speak  of  Mr.  Wirt  here.    His  character  i'J 
that  respect  belongs  to  his  country,  arnl 
the  history  of  his  country.    And,  siV,  jf  - , 
were  to  speak  of  him  in  his  private  life  A 
in  his  social  relations,  all  we  could  possibly » 
of  his  urbanity,  his  kindness,  tlio  faithfulm- 
vof  his  friendships,  and  the  warmth  of  his  afcJ 
tions,  would  hardly  seem  sufficiently  BtRj, 
and  glowing  to  do  him  justice,  in  thefcclJnnjl 
judgment  of  those  who,  separated,  now  f^rj J 
from  his  embraces  can  only  enshrine  his  tncmoJ 
in  their  bleeding  hearts.    Nor  may  wc.  pir.  J 
than  allude  to  that  other  relation,  which  l 
longed  to  him,  and  belongs  to  us  all ;  that  Lt 
and  pai  amount  relation,  which  connects  L 
with  his  Maker  !    It  may  be  permitted  us,  hoi 
ever,  to  .have  the  pleasure  of  recording  hisnaa, 
as  one  who  felt  a  deep  sense  of  religious  dd 
and  who  placed  all  his  hopes  of  the  future  l 
the  truth  and  in  the  doctrines  of  Christi  J 

"  But  our  particular  ties  to  him  were  the  imi 
our  profession.  He  was  our  brother,  and  hti 
our  friend.  With  talents  powerful  enough  tofj 
cite  the  strength  of  the  strongest,  with  a  kjndi 
both  of  heart  and  of  manner  capable  of  warn, 
and  winning  the  coldest  of  his  brethren,  hej 
now  completed  the  term  of  his  professional!; 
and  of  his  earthly  existence,  in  the  enjojiw 
of  the  high  respect  and  cordial  affections  7} 
all.  Let  us,  then,  sir,  hasten  to  pay  to  1 
memory  the  well-deserved  tribute  of  ourreTi, 
Let  us  lose  no  time  in  testifying  our  sens  j 
our  loss,  and  in  expressing  our  grief,  that  a 
great  light  of  our  profession  is  extinguished! 
ever." 


CHAPTER    CXIV. 

DEATH  OF  THE  LAST  OF  THE  SIGNKIiS  OF: 
DECLARATION  OF  INUEPENDtXCE 

On  the  morning  of  July  4th,  182G— just  I 
years  after  the  event — but  three  of  the  fiftjJ 
members  of  the  continental  Congress  ofl 
who  had  signed  the  Declaration  of  Indcpendo 
remained  alive ;  on  the  evening  of  that  ( 
there  remained  but  one — Charles  CarroHj 
Carrollton,  Maryland ;  then  a  full  score  ben 
the  Psalmist's  limit  of  manly  life,  and  desti 
to  a  further  lease  of  six  good  years.  It  hssti 
remarked  of  the  "  signers  of  the  Declan 
that  a  felicitous  existence  seems  to  hm\t 
reserved  for  them ;  blessed  with  long  i 
good  health,  honored  with  the  public  i 


ANNO  1834.    ANDREW  JACKSON,  PRICSIDKNT. 


477 


c  the  few,  who  shall  imiut, 

it  is  not  our  peculiar  dwl 
■t  here.  His  charactiral 
;8  to  his  country,  ami  >! 

countrj'.  And,  sir,  if  J 
im  in  his  private  life.aJ 
18.  all  we  could  possibly  yl 

kindness,  tho  faltMiilntJ 
nd  the  warmth  of  his  ali«l 
y  seem  sufficiently  md 
im  justice,  in  thefcdinpiDl 
who,  separated,  now  furtTtf 
an  only  enshrine  his  mtmon 
arts.    Nor  may  wc.  sir,  mii 
t  other  relation,  which  I, 
belongs  to  us  all ;  that  hi? 
lation,  which  connects  m 
It  may  be  permitted  u8,1ot| 
easure  of  recording  hisnaiL 
leep  sense  of  religious  dj*} 
I  his  hopes  of  the  future,  Ij 
he  doctrines  of  Christianitr, 
liar  tics  to  him  were  the  ticsd 
e  was  our  brother,  and  htsl 
talents  powerful  enough  toe^ 
rthestrongeet,withalund!i( 
of  manner  capable  of  wamu. 
oldest  of  his  brethren,  he  b 
e  term  of  his  professionalt 
y  existencCj  in  the  enjojniL 
!t  and  cordial  affections  of  ^ 
n,  sir,  hasten  to  pay  to  1 
deserved  tribute  of  our » 
mo  in  testifying  our  sens  j 
ixpressing  our  grief,  that  0 

jrofession  is  extinguis"^  " 


PTER    CXIV. 

.astoftiiestgnkksof: 
ion  of  inuepkndtsce. 

of  July  4th,  182G-ju't 
^ent — ^but  three  of  the  lita 
continental  Congress  of 
le  Declaration  of  Indepcniii 
on  tho  evening  of 
but  one— Charles  Carrel 
■land ;  then  a  full  score  he] 
mit  of  manly  life,  and  dea 
of  six  good  years.    It  hu\ 
«  signers  of  the  Dcclm 
existence  seems  to  have 
m;  blessed  with  long  life 
nore4  with  the  public 


iied  to  the  highest  dignities  of  the  States  and 
,f  the  federal  trovemnient,  happy  in  their  pos- 
■ritv  and  happy  in  the  view  of  the  great  and 
jrnspcrous  country    which  their  labors    had 
brouiiht  into  existence.    Among  these,  so  feli- 
citous and  so  illustrious,  he  was  one  of  the  most 
kjppy.  and  among  the  most  distinguished.    He 
njovcd  the  honors  of  his  pure  and  patriot  life 
all  their  forms ;  age,  and  health,  and  mind, 
sixteen  years  beyond  that  fourscore  which 
fines  labor  and  sorrow  and  weakness  to  man ; 
inle  fortune ;  public  honors  in  filling  tho  high- 
bt  offices  of  his  State,  and  a  seat  in  the  Senate 
the  United  States ;  private  enjoyment  in  an 
jnorable  and  brilliant  posterity.     Horn  to  for- 
me, and  to  the  care  of  wise  and  good  parents, 
had  all  the  advantages  of  education  which 
te  colleges  of  France  and  tho  "  Inns  of  Court " 
London  could  give.    With  every  thing  to  lose 
unsuccessful  rebellion,  he  risked  all  from  the 
it  opening  of  the  contest  with  tho  mother 
kuntry :  and  when  he  walked  up  to  the  secre- 
tablo  to  sign  the  paper,  which  might 
)me  a  death-warrant  to  its  authors,  the  re- 
jrk  was  made,  "  there  go  some  millions."    And 
signing  was  a  privilege,  claimed  and  granted. 
IWU.S  not  present  at  the  declaration.    He  was 
even  a  member  of  Congress  on  the  memora- 
Fourth  of  July.    He  was  in  Annapolis  on 
It  day,  a  member  of  the  Maryland  Assembly, 
zealously  engaged  in  urging  a  revocation  of 
instructions  which  limited  the  Maryland 
mates  in  the  continental   Congress  to  ob- 
liiig  a  redress  of  grievances  without  breaking 
connection  with  the  mother  country.    He 
cceded — was  appointed  a  delegate — flew  to 
post— and  added  his  name  to  the  patriot  list. 
history  tells  of  the  throwing  overboard  of 
I  tea  in  Boston  harbor :  it  has  not  been  equally 
Bntive  to  the  burning  of  the  tea  in  Anna- 
iiarbor.    It  was  the  summer  of  1774  that 
brifrantine  "  Peggy  Stewart "    approached 
lapolis  with  a  cargo  of  the  forbidden  leaves  on 
■i,   The  people  were  in  commotion  at  the 
It  was  an  insult,  and  a  defiance.    Swift 
notion  was  in  preparation  for  the  vessel : 
int  chastisement  was  in  search  of  the  owners. 
)r  seized  them.    They  sent  to  Charles  Car- 
tas tlie  only  man  that  could  moderate  the 
of  the  people,  and  save  their  persons  and 
erty  from  a  sudden  destruction.  He  told  them 
was  but  one  way  to  save  their  persons, 


and  that  was  to  bum  their  vessel  and  cargo,  in< 
stantly  and  in  tho  sight  of  the  people.  It  wai 
done :  and  thus  the  flames  consumed  at  Anna- 
polis, what  tho  waves  had  burieil  at  Bo.ston : 
and  in  both  cases  tho  spirit  and  the  sacrifice  wa.s 
the  same — opposition  to  taxation  without  repre- 
sentation, and  destruction  to  its  symbol. 


CHAPTER    CXV. 

COMMENCEMENT   OF  THE   SESSION  lS*t— 85: 
I'KESIDEUrd   MESSAGE. 

Towards  the  close  of  the  previous  session,  Mr. 
Stevenson  had  resigned  the  place  of  speaker  of 
the  House  of  Representatives  in  consequence  of 
his  nomination  to  be  minister  plenipotentiary  and 
envoy  extraordinary  to  the  court  of  St.  James 
— a  nomination  then  rejected  by  the  Senate,  but 
subsequently  confirmed.      Mr.   John   Bell  of 
Tennessee,  was  elected  speaker  in  his  place,  his 
principal  competitor  being  Mr.  James  K.  Polk 
of  the  same  State:  and,  with  this  difl'erencc  in 
its  organization,  tho  House  met  at   the  usual 
time — the  first  Monday  of  December.      The 
Cabinet  then  stood :  John  Forsyth,  Secretary  of 
State,  in  place  of  Louis  McLane,  resigned ;  Levi 
Woodbury,  Secretary  of  the  Treasury ;  Lewis 
Cass,  Secretary  at  War;   Mahlon   Dickerson, 
Secretary  of  tho  Navy ;  William  T.  Barry,  Post 
Master  General ;    Benjamin  Franklin    Butler, 
Attorney  General.    The  condition  of  our  affairs 
with  France,  was  the  prominent  feature  of  tho 
message,  and  presented  the  relations  of  the  United 
States  with  that  power  under  a  serious  aspect. 
The  indemnity  stipulated  in  the  treaty  of  1831 
had  not  been  paid — no  one  of  the  instivlments ; 
— and  the  President  laid  tbe  subject  before  Con- 
gress for  its  consideration,  ond  action,  if  deemed 
necessary, 

"  I  regret  to  say  that  the  pledges  made  through 
the  minister  of  France  have  not  been  redeemed. 
The  new  Chambers  met  on  the  Sl.st  July  last, 
and  although  the  subject  of  fulfilling  treaties  was 
alluded  to  in  the  speech  from  the  throne,  no  at- 
tempt was  made  by  the  King  or  his  Cabinet  to 
procure  an  appropriation  to  carry  it  into  execu- 
tion. The  rea-sons  given  for  this  omission,  al- 
though they  might  be  considered  sutticient  in 
an  ordinary  case,  are  not  consistent  with  tho 
expectations  founded  upon  the  assurances  given 
here,  for  there  is  no  constitutional  obstacle  to 


478 


THIRTY  YEARS'  VIEW. 


entering  into  loRisIativc  business  at  the  first 
mcotinR  of  the  Chamljcrs.  This  point,  however, 
might  have  been  overlooked,  had  not  the  Cham- 
bers, instead  of  beinj;  called  to  meet  at  so  early 
a  day  that  the  result  of  their  deliberations  might 
bo  communicated  to  me  before  the  meeting  of 
Congress,  been  prorogued  to  the  29th  of  the 
present  month — a  period  so  late  that  their  de- 
cision can  scarcely  bo  made  known  to  the  present 
Congress  prior  to  its  dissolution.  To  avoid  this 
delay,  our  minister  in  Paris,  in  virtue  of  the 
assurance  given  by  the  French  minister  in  the 
United  States,  strongly  urged  the  convocation 
of  the  Chambers  at  an  earlier  day,  but  without 
success.  It  is  proper  to  remark,  however,  that 
this  refusal  has  been  accompanied  with  the  most 
jjositive  assurances,  on  the  part  of  the  Executive 
government  of  France,  of  their  intention  to  press 
(he  appropriation  at  the  ensuing  session  of  the 
Chambers. 

"If  it  shall  be  the  pleasure  of  Congress  to 
await  the  further  action  of  the  French  Chambers, 
no  further  consideration  of  the  subject  will,  at 
this  session,  probably  bo  required  at  your  hands. 
But  if,  from  the  original  delay  in  asking  for  an 
appropriation ;  from  the  refusal  of  the  Chambers 
to  grant  it  when  asked ;  from  the  omission  to 
bring  the  subject  before  the  Chambers  at  their 
last  session ;  from  the  fact  that,  including  that 
session,  there  have  been  five  different  occasions 
when  the  appropriation  might  have  been  made ; 
and  from  the  delay  in  convoking  the  Chambers 
until  some  weeks  after  the  meeting  of  Congress, 
when  it  was  well  kno\vn  that  a  communication 
of  the  whole  subject  to  Congress  at  the  last  ses- 
sion was  prevented  by  assurances  that  it  should 
he  disposed  of  before  its  present  meeting,  you 
should  feel  yourselves  constrained  to  doubt 
whether  it  be  the  intention  of  the  French  govern- 
ment in  all  its  branches  to  carry  the  treaty  into 
effect,  and  think  that  such  measures  as  the  occa- 
sion may  be  deemed  to  call  for  should  be  now 
adopted,  the  important  question  arises,  what 
those  measures  shall  be." 

The  question  then,  of  further  delay,  waiting 
on  the  action  of  France,  or  of  action  on  our  own 
part,  was  thus  referred  to  Congress ;  but  under 
the  constitutional  injunction,  to  recommend  to 
that  body  the  measures  ho  should  deem  neces- 
sary, and  in  compliance  with  his  own  sense  of 
duty,  and  according  to  the  frankness  of  his  tem- 
per, he  fully  and  categorically  gave  his  own 
opinion  of  what  ought  to  be  done ;  thus : 

"  It  is  my  conviction  that  the  United  States 
ought  to  insist  on  a  prompt  execution  of  the 
treaty ;  and,  in  case  it  be  refused,  or  longer  de- 
layed, take  redress  into  their  own  hands.  Af- 
ter the  delay,  on  the  part  of  France,  of  a  quarter 
of  a  century,  in  acknowledging  these  claims  by 
treaty,  it  is  not  to  be  tolerated  that  another 
quarter  of  a  century  is  to  bo  wasted  in  nego- 


tiating about  the  payment.  The  laws  of  nstic^l 
provide  a  remedy  for  such  occasions,  jt  Ifl 
well-settled  principle  of  the  international  cry  | 
that  where  one  nation  owes  another  a  lifuii(ij|,j| 
debt,  which  it  refuses  or  neglects  to  pav  t  I 
aggrieved  party  may  seize  on  the  property  | Ij 
longing  to  the  other,  its  citizens  or  Rubj«,| 
sufficient  to  pay  the  debt,  without  giving  jmI 
cause  of  war.  This  remedy  ha.s  been  rcpcattdiTT 
resorted  to,  and  recently  by  France  herstlf  • . 
wards  Portugal,  under  circumstances  loss  j- 
qucstionable." 

''Since  France,  in  violation  of  the  pled 
given  through   her  minister  here,  has  ddj,,, 
her  final  action  so  long  that  her  decision  ril 
not  probably  bo  known  in  time  to  be  conimniJ 
cated  to  this  Congress,  I  recommend  that  a  bl 
bo  passed  authorizing  reprisals  upon  FrewJ 
property,  in  case  provision  shall  not  be  mailcfej 
the  payment  of  the  debt  at  the  approaciit. 
session  of  the  French  Chambers.    Such  a  nJ 
sure  ought  not  to  be  considered  by  Franm  niJ 
menace.      Her  pride  and  power  are  toowj 
known  to  expect  any  thing  from  her  fuars,  joj 
preclude  the  necessity  of  the  declaration  tb 
nothing  partaking  of  the  character  of  intiniK! 
tion  is  intended  by  us.    She  ought  to  look  m 
it  as  the  evidence  only  of  an  inflexible  dctel 
mination  on  the  part  of  the  United  States  toiJ 
sist  on  their  rights.    That  Government,  bvij 
ing  only  what  it  has  itself  acknowledged  to  I 
just,  will  be  able  to  spare  the  United  States  ty 
necessity  of  taking  redress  into  their  own  hami 
and  save  the  property  of  French  citizens  fm 
that  seizure  and  sequestration  which  Ameria 
citizens  so  long  endured  without  retaliation  j 
redress.    If  she  should  continue  to  refuse  i 
act  of  acknowledged  justice,  and,  in  violation^ 
the  law  of  nations,  make  reprisals  on  our ; 
the  occasion  of  hostilities  against  the  Unia 
States,  she  would  but  add  violence  to  injustid 
and  could  not  fail  to  expose  herself  to  tiie  d 
censure  of  civilized  nations,  and  to  the  KiM 
tive  judgments  of  Heaven.'' 

In  making  this  recommendation,  and  in  looil 
ing  to  its  possible  result  as  producing  war  l 
tween  the  two  coimtries,  the  President  <lio»ij 
himself  fully  sensible  to  all  the  considcniu 
which  should  make  such  an  ovcnt  de[jlonti| 
between  powers  of  ancient  friend'Ship,  and  \k 
harmony  and  friendship  desirable  for  tlie  i 
of  the  progress  and  maintenance  of  liberal » 
litical  systems  in  Europe.   And  on  this  poiiiilj 
said: 

"  Collision  with  France  is  the  moretokil 
gretted,  on  account  of  the  position  she  occi)|ii 
in  Europe  in  relation  to  liberal  institiiti(^ 
But  in  maintaining  our  national  riglitsanJIi 
or,  all  governments  are  alike  to  us,  il'.ljl 
collision  with  France,  in  a  case  wlierc  siitl 


AXXO  1831.    ANDREW  JACKSON',  I'RfiilDENT. 


479 


Tnent.  The  laws  of  nstiosil 
)r  such  occasions.  It  [iA 
3  of  the  international  rfj,;^! 
n  owes  another  a  litjiiidjtiJ 
es  or  neglects  to  iiay.ilJ 
'  seize  on  the  property  I.J 
)r,  its  citizens  or  subjeflJ 
B  debt,  without  BivinjrjcJ 
remedy  ha.s  been  rcpeattdirl 
cntly  by  France  hers«lf  t'J 
ier  circumstances  less  urj 

n  violation  of  the  plod,,. 
minister  here,  has  (klav,L 
long  that  her  decision  ir;! 
own  in  time  to  be  comnwsJ 
5SS,  I  recommend  thataliJ 
;ing  reprisals  upon  FreJ 
ovieion  shall  not  be  madctJ 
le  debt  at  the  approachy 
ich  Chambers.  Such  and 
t)c  considered  by  FranwiJ 
de  and  power  are  toowj 
ny  thing  from  her  fuars,  siii 
isity  of  the  declaration  tk 
of  "the  character  of  intimiii] 
us.  She  ought  to  look  iJ 
only  of  an  inflexible  dct«l 
rt  of  the  United  States  toiji 
!.  That  Govemurent,  bvftj 
as  itself  acknowledp;ctl  to  I 
a  spare  the  United  States  t!i 
redress  into  their  own  hani 
lerty  of  French  citizens  fw 
iquestration  which  Ameriai 
durcd  without  retaliation  t 
lould  continue  to  refuse  i 
ed  justice,  and,  in  violationii 
,  make  reprisals  on  our  pi 
ostilities  against  the  Uniiii 
but  add  violence  to  injustis 
to  expose  herself  to  the  :• 
d  nations,  and  to  the  retrlJ 
leaven.'' 

recommendation,  and  in  1(h| 
result  as  producing  war  In 
untries,  the  President  slioiil 
ible  to  all  the  considerati 
ke  such  an  ovent  deiilon 
ancient  friend'Ship,  andtlij 
idship  desirable  for  the  s 
nd  maintenance  of  liberal  u 
Europe.   And  on  this] 


_  France  is  the  more  to  k\ 
it  of  the  position  she  occJ 
lation  to  liberal  institmiciP 
I"-  our  national  rights  anillal 
iTta  are  alike  to  us.  \M 
•ance,  in  a  case  where  M 


Vsriy  in  ^^^  wrong,  the  march  of  liberal  prin- 
fiMJes  shall  be  impcfled,  the  responsibility  for 
that  result,  as  well  as  every  other,  will  rest  on 
l,cr own  lead." 

This  state  of  our  relations  witii  France  gave 
rise  to  some  animated  proceedings  in  our  Con- 

1  rnss.  '•'iiich  will  be  noticed  in  their  proper  place. 
The  condition  of  the  finances  was  shown  to  bo 

I  „^— not  only  adequate  for  all  the  purposes  of 
the  povernment  and  the  complete  extinguish- 
nient  of  tiie  remainder  of  the  public  debt,  but 
.till  leaving  a  balance  in  the  treasury  equal  to 

I  one  fourth  of  the  annual  income  at  the  end  of 

1  the  year.    Thus: 

•■  According  to  the  estimate  of  the  Treasury 
I  Department,    the    revenue    accruing  from  all 
Ifoiirces,  during  the  present  year,  will  amount  to 
Itwenty  millions  six  hundred  and  twenty-four 
Itiiousand  seven  hundred  and  seventeen  dollars, 
Iwhich,  with  the  balance  remaining  in  the  Trea- 
Ipirv  on  the  first  of  January  last,  of  eleven  mil- 
llioiis  seven  hundred  and  two  thousand  nine  hun- 
dred and  five  dollars,  produces  an  aggregate  of 
liiirty-two  millions  three  hundred  and  twenty- 
fctven  thousand  six  hundred  and  twenty-three 
Hollars.    The  total  expenditure  during  the  year 
|or  all  objects,  including  the  public  debt,  is  esti- 
nated  at  twenty-five  millions  five  hundred  and 
linety-one  thousand  three  hundred  and  ninety 
tollars,  which  will  leave  a  balance  in  the  Trea- 
Cury  on  the  first  of  January,  1835,  of  six  mil- 
^ons  seven  hundred  and  thirty-six  thousand 
TO  hundred  and  thirty-two  dollars.    In  this 
alance,  however,  will  be  included  about  one 
Billion  one  hundred  and  fifty  thousand  dollars 
hf  what  wiis  heretofore  reported  by  the  depart- 
ment as  not  ellective." 

This  imavailable  item  of  above  a  million  of 
bllais  consisted  of  local  bank  notes,  received 
payment  of  public  lands  during  the  years  of 
jeneral  distress  and  bank  suspensions  from  1819 
1 1822 ;  and  the  banks  which  issued  them  hav- 
failed  they  became  worthless;  and  were 
lally  dropt  from  any  enumeration  of  the  con- 
its  of  the  treasury.    The  extinction  of  the 
jublic  debt,  constituting  a  marked  event  in  our 
pancial  history,  and  an  era  in  the  state  of  the 
easury,  was  looked  to  by  the  President  as  the 
eh  most  proper  for  the  settlement  of  our 
bubtful  points  of  future  policy,  and  the  in- 
mration  of  a  system  of  rigorous  economy :  to 
lich  effect  the  message  said : 

I"  Free  from  public  debt,  at  peace  with  all  the 
Vld  and  with  no  complicated  interests  to  con- 
It  in  our  intercourse  with  foreign  powers,  the 
Wnt  may  be  hailed  as  the  epoch  in  our  his- 


tory the  most  favorable  for  the  scttlimont  of 
those  principles  in  our  dome-tic  policy,  which 
shall  be  best  calculated  to  give  stability  to  our 
republic,  and  secure  the  blessings  of  Irec'Iom  to 
our  citizens.  While  we  are  fi-licitating  our- 
selves, therefore,  upon  the  extinguishment  of 
the  national  debt,  and  the  prosperous  state  of 
our  finances,  let  >is  not  be  tempted  to  depart 
from  those  sounds  maxims  of  ]niblic  pofioy, 
which  enjoin  a  just  adaptation  of  the  revenue  to 
the  expenditures  that  are  consistent  w  ith  a  rigid 
economy,  and  an  entire  abstinence  from  all  top- 
ics of  legislation  that  are  not  clearly  within  the 
constitutional  powers  of  the  (Jovernment,  and 
suggested  by  the  wants  of  the  country.  Properly 
regarded,  muler  such  a  policy,  every  diminution 
of  the  public  burdens  arising  from  taxation, 
gives  to  individiml  enter])rise  incivascd  power, 
and  furnishes  to  all  the  members  of  our  happy 
confederacy,  new  motives  for  patriotic  allectinn 
and  support.  But,  above  all,  its  most  important 
efl'ect  will  l)c  found  in  its  influence  upon  the 
character  of  the  Goveriunent,  by  confining  its  ac- 
tion to  those  objects  which  will  be  sure  to  secure 
to  it  the  attachment  and  support  of  our  fellow- 
citizens." 

The  President  had  a  new  cause  of  complaint 
to  communicate  against  the  Bank  of  the  United 
States,  which  was  the  seizure  of  the  dividends 
due  :he  United  States  on  the  public  stock  in 
the  institution.  The  occasion  was,  the  claim 
for  damages  which  the  bank  set  up  on  a  pro- 
tested bill  of  exchange,  sold  to  it  on  the  faith  of 
the  French  treat j"- ;  and  which  was  protested  for 
non-payment.  The  case  is  thus  told  by  the 
President : 

"To  the  needless  distresses  brought  on  the 
country  during  the  last  session  of  Congress, 
bus  since  been  added  the  open  seizure  of  the 
dividends  on  the  public  stock,  to  the  amount  of 
$170,011,  under  pretence  of  paying  damages, 
cost,  and  interest,  upon  the  protested  French 
bill.  This  sum  constituted  a  portion  of  the  es- 
timated revenues  for  the  year  1834,  ujjon  which 
the  appropriations  made  by  Congress  were 
based.  It  would  as  soon  have  been  expected 
that  our  collectors  would  seize  on  the  customs, 
or  the  receivers  of  our  land  offices  on  the 
moneys  arising  from  the  sale  of  public  lands, 
under  pretences  of  claims  against  the  United 
States,  as  that  the  bank  would  have  retained 
the  dividends.  Indeed,  if  the  principle  be  esta- 
blished that  any  one  who  chooses  to  set  up  a 
claim  against  the  United  States  may,  without 
authority  of  law.  seize  on  the  public  property 
or  monej'  wherever  he  can  find  it,  to  pay  such 
claim,  there  will  remain  no  assurance  that  our 
revenue  will  reach  the  treasury,  or  that  it  will 
be  applied  after  the  appropriation  to  the  jjur- 
poses  designated  in  the  law.  The  pinniasters 
of  our  army,  and  the  pursers  of  our  isavy,  may, 


l>7 


480 


THIRTY  YEARS'  VIEW. 


under  like  inxtcnccs,  ujjply  to  their  own  use 
inoneyH  ajii»ni])rittted  t"  fiet  in  motion  the  pub- 
lic forre,  luid  in  time  of  war  leave  the  country 
without  defence.  This  measure,  resorted  to  by 
thu  Bank,  i.^  disorpfanizin^  and  revolutionary, 
and,  if  penerall}'  resorted  to  by  private  citizens 
in  like  cases,  would  lill  the  land  with  anarchy 
and  violence." 

The  money  thus  seized  by  the  bank  was  re- 
tained until  recovered  from  it  by  due  course  of 
law.  The  corporation  was  sued,  judgment  re- 
covered against  it,  and  the  money  made  upon 
a  writ  of  execution  ;  so  that  the  illegality  of  its 
conduct  in  making  this  seizure  was  judicially 
established.  The  President  also  communicated 
new  proofs  of  the  wantonness  of  the  pressure 
and  distress  made  by  the  bank  during  the  pre- 
ceding session — the  fact  coming  to  light  that  it 
had  shipped  alwut  three  millions  and  a  half  of 
the  specie  to  Europe  which  it  had  squeezed  out 
of  the  hands  of  the  people  during  the  panic ; — 
and  also  that,  immediately  after  the  adjourn- 
ment of  Congress,  the  action  of  the  bank  was 
reversed — the  curtailment  changed  into  exten- 
sion ;  and  a  discount  line  of  seventeen  millions 
rapidly  ran  out. 

"  Immediately  after  the  close  of  the  laat  ses- 
sion, the  bank,  through  its  president,  announced 
its  ability  and  readiness  to  abandon  the  system 
of  unparalleled  curtailment,  and  the  interrup- 
tion of  domestic  exchanges,  which  it  had  prac- 
tised upon  from  the  Isc  of  August.  1833,  to  the 
30th  of  June,  1834,  and  to  extend  its  accommo- 
dations to  the  community.  The  grounds  as- 
sumed in  this  annunciation  amounted  to  an  ac- 
knowledgment that  the  curtailment,  in  the  ex- 
tent to  which  it  had  been  carried,  was  not 
necessary  to  the  safety  of  the  bank,  and  had 
been  persisted  in  merely  to  induce  Congress  to 
grant  the  prayer  of  the  bank  in  its  memorial 
relative  to  the  removal  of  the  deposits,  and  to 
give  it  a  new  charter.  They  were  substantially 
a  confession  that  all  the  real  distresses  which 
individuals  and  the  country  had  endured  for  the 
preceding  six  or  eight  months,  had  been  need- 
lessly produced  by  it,  with  the  view  of  effecting, 
through  the  sufferings  of  the  people,  the  legisla- 
tive action  of  Congress.  It  is  a  subject  of  con- 
gratulation that  Congress  and  the  country  had 
the  virtue  and  firmness  to  bear  the  infliction ; 
that  the  energies  of  our  people  soon  found  relief 
from  this  wanton  tyranny,  in  vast  importations 
of  the  precious  metals  from  almost  every  part 
of  the  world  ;  and  that,  at  the  close  of  this  tre- 
mendous effort  to  control  our  government,  the 
bank  found  itself  powerless,  and  no  longer  able 
to  loan  out  its  surplus  means.  The  community 
had  learned  to  manage  its  affairs  without  its 
assistance,  and  trade  had  already  found  new 


atixiliarics ;  so  that,  on  the  1st  of  Octnbtr !»,. 
the  extraordinary  f^pcctade  was  pre.sniti.(]  if 
national  bank,  more  than  one  half  of  v*),,^ 
capital   was  either  lying  unproductive  in  ,. 
vaults,  or  in  the  hands  of  foreign  bankers. ' 

Certainly  this  was  a  confession  of  the  wh^;, 
criminality  of  the  bank  in  making  the  v^ist^. 
but  even  this  confession  did  not  pre»cnt  tU  I 
Senate's  Finance  Committee  from  niaiiintf .. 
honorable  report  in  its  favor,     llut  tlni^, :, 
something  in  the  laws  of  moral  right  abuvu  t!  I 
powers  of  man,  or  the  designs  and  plans  o, 
banks  and  politicians.     The  greatest  caianiittl 
of  the  bank — the  loss  of  thirty-five  millions  (}  I 
stock  to  its  subscribers — chiefly  dates  from  tfcii  I 
period  and  this  conduct.    Up  to  this  timciis 
waste  and  losses,  though  great,  might  still  havJ 
been  remediable  ;  but  now  the  incurable  cours«  I 
was  taken.    Half  its  capital  lying  idle !   Cxjiil 
borrowers  were  scarce;  good  indorsersstillinoul 
so ;  and  a  general  acceptance  of  stocks  in  lieu  off 
the  usual  security  was  the  fatal  resort.  First  itil 
own  stock,  then  a  great  variety  of  stocks  vstnl 
taken ;  and  when  the  bank  went  into  liquids  I 
tion,  its  own  stock  was  gone !  and  the  others  ij| 
every  imaginable  degree  of  depreciation  froul 
under  par  to  nothing.    The  government  had  di'l 
rectors  in  the  bank  at  that  time,  Messrs.  Charles  I 
McAllister,  Edward  D.  Ingraham,  and  — ■  EJ.! 
maker;  and  the  President  was  under  no  mislaid 
in  any  thing  he  said.     The  message  recurs  i 
the  fixed  policy  of  the  President  in  selling  tLtl 
public  stock  in  the  bank,  and  says : 

"  I  feel  it  my  duty  to  recommend  to  you  tlwl 
a  law  be  passed  authorizing  the  sale  of  the  [ 
lie  stock  ;  that  the  provision  of  the  charter  «•! 
quiring  the  receipt  of  notes  of  the  bank  in  pavJ 
ment  of  public  dues,  shall,  in  accordance  iritll 
the  power  reserved  to  Congress  in  the  Uiil 
section  of  the  charter,  be  suspended  until  tkl 
bank  pays  to  the  treasury  the  dividends  vitJ 
held  ;  and  that  all  laws  connecting  the  goren-l 
ment  or  its  officers  with  the  bank,  directly  (tl 
indirectly,  be  repealed ;  and  that  the  'nsti&l 
tion  be  left  hereafter  to  its  own  resources  uj| 
means." 

'  The  wisdom  of  this  persevering  rccommen^l 
tion  was,  fortunately,  appreciated  in  time  ill 
save  the  United  States  from  the  fate  of  otittl 
stockholders.  The  attention  of  Congress  ml 
again  called  to  the  regulation  of  the  deposits  ill 
State  banks.  As  yet  there  was  no  law  u[a| 
the  subject.  The  bill  for  that  purpose  ] 
in  the  House  of  Representatives  at  the  prerioi 


AXXO  1834.     ANDREW  JACKSON.  rUl>lI»KNT. 


481 


the  iBt  of  Octobtr  Iwi 
acle  was  prt'stiittd  i,|  , 
han  one  half  of  wli,^, 
inj:  uni)ro(hictivo  in  ^  | 

of  foreign  baiikLre.' 

confession  of  the  whi 
k  in  making  the  Jistasi; ! 
ion  did  not  pretcnl  tU 
umittco  from  nialiing  a  I 
its  favor.     15ut  there  Li  [ 
1  of  moral  right  above  tl.t  | 
ho  designs  and  plans  o, 
i.     The  greatest  cakniitjl 
s  of  thirty-five  nuUionsri 
rs— chiefly  dates  from  thj 
iuct.    Up  to  this  timciu 
ugh  great,  might  still  We 
t  now  the  incurable  cours« 
capital  lying  idle!   Gfxjd 
c ;  good  indorscrs  still  wm 
;eptancc  of  stocks  in  lieu  oi  I 
IS  the  fatal  resort.  First,  iul 
reat  variety  of  stocks  wen 
ic  bank  went  into  llquiiii-f 
ras  gone!  and  the  others  b  I 
cgree  of  depreciation,  froal 
T,    The  government  had  &\ 
at  that  time,  Messrs.  Charlal 

D.  Ingraham,  and IllJ 

sident  was  under  nomistaktj 
I.  The  message  recurs  t«| 
the  President  in  sellrngtlitl 
aank,  and  says : 

y  to  recommend  to  you  m 
horizing  the  sale  of  the  piiM 
provision  of  the  charter  n- 
)f  notes  of  the  bank  in  pay- 
's shall,  in  accordance  vri 
i'to  Congress  in  the  Htl 
ter  be  suspended  until  tkl 
■easury  the  dividends  witk. 
aws  connecting  the  goverj 

with  the  bank,  directW  a 
ttled ;  and  that  the  msti» 

r  to  its  own  resources  d 

his  persevering  rccommenttl 
ely,  appreciated  in  timenl 
tates  from  the  fate  of  oltel 
I  attention  of  Congress  ™l 
regulation  of  the  deposits  il 
yet  there  was  no  law  uia| 
bill  for  that  purpose  pa 
presentatives  at  the  pren 


,j„n,  Jind  U'cn  laid  upon  the  table  in  the 
vnatf ;  a"d  thus  was  kept  o|K'n  a  head  of  coni- 
iilnint  aj.'aiii''t  the  President  for  the  illi-gal  cus- 
todv  of  the  public  moneys.  It  was  not  illegal. 
It  \vas  the  custody,  more  or  less  resorted  to, 
unilef  ever}'  administration  of  the  federal  gov- 
oniincnt  and  never  called  ille-fal  except  under 
President  Jackson  ;  but  it  was  a  tnistof  a  kiml 
I  [0  require  regulation  by  law ;  and  he,  therefore, 
farnestly  recommended  it.    The  message  said : 

•  The  attention  of  Congress  is  earnestly  in- 

I  vited  to  the  regulation  of  the  deposits  in  the 

Stale  banks,  by  law.     Although  the  jwwer  now 

lexcrciseil  by  the  Executive  department  in  thi.s 

lu'half  is  only  such  as  was  uniformly  exerted 

Ithroueh  every  administration  from  the  origin  of 

Itlie  eovernmi-'nt  up  to  the  establishment  of  the 

liiresent  bank,  yet  it  is  one  which  is  su.^ceptible 

cfresrulation  by  law,  and,  tlicrefore,  ought  so  to 

>  re^ilatcd.    The  power  of  Congress  to  direct 

In  what  places  the  Treasurer  sliull  keep  the 

nonevs  i»  the  Trea.sury,  and  to  impose  restric- 

jions  upon  the  E-xecutivo  authority,  in  relation 

J  their  custody  and  removal,  is  unlimited,  and 

l,  exercise  will  rather  be  courted  than  discour- 

cod  by  those  public  officers  and  agents  on  whom 

jests  the  responsibility  for  their  safety.    It  is 

lesirable  that  as  little  power  as  possible  should 

left  to  the  President  or  Secretary  of  the 

jreasury  over  those  institutions,  which,  being 

liu8  freed  from  Executive  influence,  and  without 

[common  head  to  direct  their  operations,  would 

ive  neither  the  temptation  nor  the  ability  to 

Iterfere  in  the  political  conflicts  of  the  country. 

lot  deriving  their  charters  from  the  national 

pthorities,  they  would  never  have  those  induce- 

mts  to  meddle  in  general  elections,  which 

kvc  led  the  Bank  of  the  United  States  to  agi- 

]te  and  convulse  tl-.e  country  for  upwards  of 

to  years." 

|The  increase  of  the  gold  currency  was  a  subject 
I  congratulation,  and  the  purification  of  paper 
\  the  suppression  of  small  notes  a  matter  of 
nestrecommendation  with  the  President — the 
iter  addressed  to  the  people  of  the  States,  and 
try  way  worthy  of  their  adoption.     He  said : 

*The  progress  of  our  gold  coinage  is  credita- 

)  to  the  oflicers  of  the  mint,  and  promises  in  a 

■rt  period  to  furnish  the  country  with  a 

■ml  and  porti\ble  currency,  which  will  much 

liinish  the  inconvenience  to  travellers  of  the 

U  of  a  general  paper  currency,  should  the 

b  banks  be  incapable  of  furnishing  it.    Those 

Btutions  have  already  shown  themsielves  coin- 

tnt  to  purchase  and  furnish  domestic  exchange 

[the  convenience  of  trade,  at  reasonable  rates ; 

I  not  a  doubt  is  entertained  that,  in  a  short 

d,  all  the  wants  of  the  country,  in  bank 

bmmodations  and  exchange,  will  be  supplied 

roniptly  and  as  cheaply  as  they  have  hei-e- 

Vol.  I.— 31 


tofore  \)ivn  by  the  Hank  of  ihi-  rnitcd  ,'^tntc« 
If  the  srveiai  State*  sliall  be  induced  gradually 
to  n'forni  their  banking  .'^ystetiis,  and  prohibit 
the  is,suu  i.f  all  small  notes,  we  shall,  in  a  few 

f'cars,  have  a  curreiii-y  us  sound,  and  as  little 
iable  to  fluctuations,  as  any  other  commercial 
country." 

The  message  contained  the  :t.anding  recom- 
mendation for  reform  in  the  presidential  election. 
The  direct  vote  of  the  people,  the  President  con- 
sidered the  only  .safeguard  for  the  purity  of  that 
election,  on  which  depended  so  nnu  h  of  the 
safe  working  of  the  government.  The  message 
said: 

"  I  trust  that  I  may  be  also  pardoned  for  re- 
newing the  recommendation  I  have  so  often  sub- 
mitted to  j-our  attention  in  regard  to  the  mode 
of  electing  the  President  and  Vice-President  of 
the  United  States.  All  the  reflection  1  have 
been  able  to  bestow  iipon  the  subjei't,  incre.i.scs 
my  conviction  that  the  best  interests  of  the 
country  will  be  promoted  by  the  adoption  of 
some  plan  which  will  secure,  in  all  contingencies, 
that  important  right  of  sovereignty  to  the  direct 
control  of  the  people.  Could  this  be  attained, 
and  the  terms  of  those  officers  be  limited  to  a 
single  period  of  either  four  or  six  years,  I  think 
our  liberties  would  possess  an  additional  safe- 
guard." 


CHAPTER    CXVI. 

EEPORTOF  THE  BANK  COMMITTKK. 

Early  in  the  session  the  Finance  Committeo 
of  the  Senate,  which  had  been  directed  to  make 
an  examination  into  the  affairs  of  the  Bank  of 
the  United  States,  made  their  report — an  ela- 
borate paper,  the  reading  of  which  occupied  two 
hours  and  a  half, — for  this  report  was  honoreil 
with  a  reading  at  the  Secretary's  table,  while  but 
few  of  the  reports  made  by  heads  of  departments, 
and  relating  to  the  aff'airs  of  the  whole  Union, 
received  that  honor.  It  was  not  only  read 
through,  but  by  its  author — Mr.  Tyler,  the  se- 
cond named  of  the  committee;  the  first  named,  or 
official  chairman,  Mr.  Webster,  not  having  acted 
on  the  committee.  The  report  was  a  most  ela- 
borate vindication  of  the  conduct  of  the  bank  at 
all  points  ;  but  it  did  not  stop  at  the  defence  of 
the  institution,  but  went  forwaid  to  the  crimi- 
nation of  others.  It  dragged  in  the  names  of 
General  Jackson,  Mr.  Van  Buren,  and  Mr.  Ben- 
ton, laying  hold  of  the  circumstance  of  their 
having  done  ordinarv  acts  of  duty  to  their  friends 


48-2 


THIRTY  YEARS'  Vi3A. 


i       f 


nn<l  constiliif;;i(s  in  prttmotin;?  llicir  application 
for  brancli  Imnks,  to  r.ii(<c  false  implications 
ajrainst  tht'in  as  liavinp  boon  in  favor  of  (he  in- 
stitution. If  such  had  been  the  fact,  it  did  not 
come  within  tlie  rcoim;  of  the  committee's  ap- 
jiointmcnt,  nor  of  tlie  resolution  under  which 
they  acted,  to  have  reported  upon  such  a  cir- 
ciiinstaiicc  :  but  the  iuiplicationsi  were  untrue  ; 
and  Mr.  ]»enton  being  the  only  ono  present  that 
had  the  right  of  sj)ecch,  assailed  the  report  the 
instant  it  wati  re:id — declaring  that  such  things 
wore  not  to  pass  uncontradicted  for  an  instant 
— that  the  .Senate  was  not  to  adjourn,  or  the 
p.illerics  to  disperse  without  hearing  the  contra- 
diction. And  being  thus  suddenly  called  up  by 
a  sens(^  of  duty  to  himself  and  his  friends,  he 
Avould  do  justice  upon  the  report  at  once,  expos- 
ing its  numerous  fallacies  from  the  moment  they 
appeared  in  the  chamber.  lie  commenced  with 
tlie  imputations  upon  himself,  General  Jackson 
and  Mr.  Van  Buren,  and  scornfully  repulsed  the 
base  and  gratuitous  assumptions  which  had  been 
made.    He  said : 

"  Ilis  own  name  was  made  to  figure  in  that 
report — in  very  good  company  to  be  sure,  that 
of  President  Jackson,  Vice-President  Van  Buren 
and  Mr.  senator  Grundy.  It  seems  that  we 
have  all  been  detected  in  something  that  dc- 
sei-ves  exposure — in  the  oflcncc  of  aiding  our  re- 
spective constituents,  or  fellow-citizens  in  ob- 
taining branch  banks  to  be  located  in  our  respec- 
tive States ;  and  upon  this  detection,  the  assertion 
is  made  that  these  branches  were  not  extended 
to  these  States  for  jiolitical  effect,  when  the 
charter  was  nearly  run  out,  but  in  good  faith, 
and  upon  our  application,  to  aid  the  business  of 
the  country.  Mr.  B.  said,  it  was  true  that  he 
had  forwarded  a  petition  from  the  merchants  of 
St.  Louis,  about  182G  or  '27,  soliciting  a  branch 
at  that  place :  and  he  had  accompanied  it  by  a 
letter,  as  he  had  been  requested  to  do,  sustaining 
and  supporting  their  request ;  and  bearing  the 
testimony  to  their  characters  as  men  of  business 
p.nd  property  which  the  occasion  and  the  truth 
requiretl.  lie  did  this  for  merchants  who  were 
his  political  enemies,  and  he  did  it  readily  and 
cordially,  as  a  representative  ought  to  act  for 
his  constituents,  whether  they  arc  for  him,  or 
against  him,  in  the  elections.  So  far  so  good ; 
but  the  allegation  of  the  report  is,  that  the 
branch  at  St.  Louis  was  established  upon  this 
petition  and  this  letter,  and  therefore  was  not 
established  with  political  views,  but  pirely  and 
sin);iiy  for  business  purposes.  Now,  said  Mr. 
B.,  1  have  a  question  to  put  to  the  senator  from 
^'irginia  (Mr.  Tyler),  who  has  made  the  report 
for  the  committee :  It  is  this :  whetlier  the  pre- 
sident or  directors  of  the  bank  had  informed  him 
that  General  Cadwalladcr  had  bcon  sent  as  an 


agent  to  St.  Ivouis.  to  examine  the  plnrc.  «nd  u 
report  upon  its  obility  to  stistain  a  branch  ? 

"Mr.  Tyler  rose,  ana  said,  that  he  had  hcaM 
nothing  at  the  bank  upon  the  subjict  of  Qn 
Cadwalladcr  having  \mn  sent  to  St.  I^uij, 
any  rept>rt  upon  (he  place  being  made."       ' 

"  Then,  said  Mr.  Benton,  resuming  his  spewh 
the  committee  has  been  treated  un'.VdrthjK  _ 
ficurvily,— basely,— by  the  bank!  Ithas^T 
made  the  instnmient  to  report  an  untruth  h< 
the  Senate,  and  to  the  American  people;  mii 
neither  the  Senate,  nor  that  part  of  the  Anitri. 
can  people  who  chance  to  be  in  this  cliamWr 
shall  be  permitted  to  leave  their  places  unni 
that  falsehood  is  e?;posed. 

'•Sir,  said  Mr  B.,  addressing  the  Vice-Pre-i. 
dent,  the  president,  and  directors  of  the  Bank  of 
the  United  States,  upon  receiving  the  merchaniv 
petition,  and  my  letter,  (/lU  not  send  a  branch  in 
^V.  Ijohis  !  They  sent  an  agent  there,  in  the  r*r. 
son  of  G(!neral  Cadwalladcr,  to  examine  th  j 
place,  and  to  report  upon  its  mercantile  capabil- 1 
ities  and  wants ;  and  upon  that  report,  the  de- 
cision  was  made,  and  made  against  the  request 
of  the  merchants,  and  that  upon  the  gruund 
that  the  business  of  the  place  would  not  Justifv 
the  establishment  of  a  branch.     The  petition 
from  the  merchants  came  to  Mr.  B.  while  fc 
was  here,  in  his  seat ;  it  was  forwarded  froij 
this  place  to  Philadelphia ;  the  agent  made  his  I 
visit  to  St.  Louis  before  he  (Mr.  B.)  rctunitd  I 
and  when  he  got  home,  in  the  spring,  or  sum.  I 
mer,  the  merchants  informed  him  of  what  hidi 
occurred;  and  that  they  had  received  a  letUfl 
from  the  directory  of  the  bank,  informing  tiieni  f 
that  a  branch  could  not  be  granted;  and  there tiie  I 
whole  aftair,  so  far  as  the  petition  and  the  letter  I 
were  concerned,  died  away.    But,  said  Mr,  B,| 
it  happened  just  in  that  time,  ihat  I  made  mil 
first  demonstration — struck  my  first  bloir-| 
against  the  bank ;  and  the  next  news  that  Had  I 
from  the  merchants  was,  that  another  letter  iii<| 
been  received  from  the  bank,  without  any  Detl 
petition  having  been  sent,  and  without  any  nerl 
report  upon  the  business  of  the  place,  infonritil 
them  that  the  branch  was  to  come !    And  CMnil 
it  did,  and  immediately  went  to  work  to  gul 
men  and  presses,  to  govern  the  politics  of  tkl 
State,  to  exclude  him  (Mr.  B.)  from  re-eIect;oi| 
to  the  Senate  ;  and  to  oppose  every  candidaal 
from  governor  to  constable,  who  was  not  lotl 
the  bank.     The  branch  had  even  fiirrisliedil 
list  to  the  motker  bank,  through  some  ofinl 
officers,  of  the  names  and  residences  of  thctl 
tive  citizens  in  every  part  of  the  State ;  and  ul 
these,  and  to  their  great  astonishment  ai  ibl 
familiarity  and  condescension  of  the  highil 
rectory  in  Philadelphia,  myriads  of  bank  (l»l 
ments  were  sent,  with  a  minute  description « 
name  and  place,  postage  free.     At  the ; 
dential  election  of  1832,  the  State  was  de 
with  these  favors.    At  his  own  re-elcctioni  i 
the  Senate,  the  two  last,  the  branch  bauk « 
in  the  field  against  him  every  where,  anlii 
every  form  j  its  directors  traversing  the !" 


AXXO  183J.     ANrtKP:W  JACKSON,  I•n^>;II>l:^T. 


483 


im\nc  the  place,  and  u. 
,  Bustflin  a  hranch? 
iftid,  that  lie  had  hwi 
m  the  8\ih.iict  of  Gtn. 
n  Fcnt  to  St.  Ix)uiii,  .,r 
ce  lifinR  irrndi-." 
un,  resumuin  his  spewli. 
I  tifaticl  unwiirthily- 
thc  bank!  It  hasWn 
)  report  an  untruth  \» 

American  people;  tx\i 
that  part  of  the  Amtri- 

to  be  in  this  chainUr, 
leave  their  places  uniii 

eti. 

(IressinR  the  A  tce-Pn-i- 
l  directors  of  the  Bank  (f 
[1  receiving  the  morchanlv 
(lid  not  send  a  branch  In 
an  apent  there,  in  the  i*r- 
vallader,  to  examine  tb 
ion  its  mercantile  capibil- 
upon  that  report,  the  d«- 
made  against  the  re<iucst 
id  that  upon  the  gruuml 
he  place  would  not  justity 
a  branch.     The  petition 
came  to  Mr.  B.  while  Ik 
,.  it  was  forwarded  from 
'phia ;  the  agent  made  his 
ore  ho  (Mr.  B.)  returntd; 
ne,  in  the  spring,  or  sm 
infonned  him  of  what  hid 
they  had  received  a  lettft 
f  the  bank,  informing  thm 
ot  be  granted;  and  there tl« 
9  the  petition  andthektw 
[  away.    But,  said  Mr.  B, 
that  time,  that  I  mademjl 
—struck  my  first  Wot- 
id  the  next  news  that  I  Wl 
was,  that  another  letterW 
the  bank,  without  any  neil 
I  sent,  and  without  any  mil 
iiness  of  the  place,  infomal 
h  was  to  come !    And  comtl 
tely  went  to  work  to  pal 
,  govern  the  politics  of  tkl 
m  (Mr.  B.)  from  re-elecMl 
to  oppose  every  candidal 
constable,  who  wasnotfel 
•anch  had  even  fun^ish«iil 
bank,  through  some  of  ml 
Ics  and  residenecs  of  the  »I 
•y  part  of  the  State;  and al 
crcat  astonishment  aiWi 
ndescensionof  thehighil 
phia,  myriads  of  bank;«> 
rith  a  minute  description  Jl 
,ostage  free.     At  the  H 
1832,  the  State  was  ddu 
At  his  own  re-electw 
o  last,  the  branch  hank'- 
st  hiili  every  where  an 
irectors  traversuig  tte  " 


upon 


rinz  ti  the  houpcs  of  the  meinhora  nf  the 
iliiioral  A^senildy  iifter  they  were  ek'ctcd,  in 
ii'lnK^t  every  county,  over  a  State  of  sixty 
;li„iis;»id  >quare  iniles  ;  niid  tiien  attending  the 
, 'islftture  as  loliliy  ineiiil)ers,  to  oppose  him. 
iij"  iiuM-  things  .Mr.  B.  Imd  never  spoken  in 
I,  ihlic  l)et'or''.  nor  should  he  have  done  it  now, 
had  it  n"t  heen  for  the  falsehowl  attempted  to 
1,0  mlm.'d  upon  the  Senate  through  the  iiistru- 
nuntalitv  of  its  committee.  But  having  been 
ilriven  into  it,  he  would  mention  another  cir- 
fiim^tance,  wiiieh  also,  lie  had  never  named  in 
ilic  before,  hut  which  would  *hrow  light 
the  establishment  of  the  bmneh  in  St. 
[iiiiii  and  the  kind  of  business  which  it  had  to 
loifiirm.  An  immense  edition  of  a  review  of 
hi<  s:peech  on  the  veto  message,  was  circulated 
1  thronph  liis  State  on  the  eve  of  his  last  election. 
Itbiia'  the  impress  of  the  bank  foundry  inPhi- 
ladilphia,  and  was  intended  to  let  the  people 
I  i!f  Missouri  sec  that  he  (.Mr.  B.)  was  a  very  un- 
lit person  to  represent  them :  and  afterwards  it 
was  seen  from  the  report  of  the  government 
I  directors  to  the  President  of  the  United  States, 
iliat  seventy-five  thousand  copies  of  that  review 
•,vca'  paid  for  by  the  Bank  of  the  United  States ! " 

The  committee  had  gone  out  of  their  way — 

Idcrartcd  from  the  business  with  which  they 

Iffere  ciiarged  by  the  Senate's  resolution — to 

Itirini;  "p  a  stale  imputation  upon  Gen.  Jackson, 

(for  liecommg  inimical  to  Mr.  Biddle,  because  he 

fcould  not  make  him  subservient  to  his  purposes. 

The  imputation  was  unfounded  and  gratuitous, 

ind  disproved  by  the  journals  of  the  Senate, 

nhich  bore  Gen.  Jackson's  nomination  of  Mr. 

piddle  for  government  director — and  at  the  liead 

kf  those  directors,  thereby  indicating  him  for 

Lresident  of  the  bank — three  several  times,  in  as 

\m\  successive  years,  after  the  time  alleged  for 

}iis  hostility  and  vindictiveness.    This  unjus- 

[fiable  imputation  became  the  immediate,  the 

lext  point  of  Mr.  Benton's  animadversion ;  and 

^,is  thus  disposed  of : 

'•Jfr.  B.  said  there  was  another  thing  which 

lust  be  noticed  now,  because  the  proof  to  con- 

limd  it  was  written  in  our  own  journals.     He 

lludcd  to  the  '  hostility '  of  the  President  of 

|e  United  States  to  the  bank,  which  made  so 

[nro  a  figure  in  that  report.    The  '  vindictive- 

5s'  of  the  President, — the  '  hostility '  of  the 

isidcnt,  was  often  pressed  into  the  service  of 

at  report — which  he  must  be  permitted  to 

kalify  as  an  elaborate   defence  of  the  bank. 

ihethcr  used  originally,  or  by  quotation,  it 

p  the  same  thing.    The  quotation  from  Mr. 

pane  was  made  to  help  out  the  argument  of 

committee — to  sustain  their  position — and 

JEreby  became  their  own.    The  'vindictive- 

Is'  of  the  President  towards  the  bank,  is 


brought  forwanl  with  imj)<i>,inR  gravity  by  the 
committee;  niid  no  one  is  at  a  loss  to  under- 
stand what  is  nuaiit  !  'I'lie  charge  has  been 
ni.ide  too  often  not  to  su'.'gt  st  the  whole  Kiory 
as  often  as  it  is  hinted.  The  Presiilent  bcciuiie 
hostile  to  Mr.  Biddle,  nrconiiiig  to  this  tiiio 
story,  because  he  could  not  manage  liim  !  ln- 
cause  he  could  not  make  him  use  the  institution 
for  political  purposes  !  and  henrf  his  revenge, 
his  vindictiveness,  hi.s  hatred  of  Mr.  Biddle,  and 
his  change  of  sentiment  towards  the  institution. 
This  is  the  charirc  which  has  run  through  tlu; 
bank  presses  for  three  years,  and  is  alleged  to 
take  (late  from  1S20,  when  an  up|dieatiou  wa.s 
made  to  change  the  president  of  the  Portsni()\ith 
branch.  But  how  stands  the  truth,  recorded 
upon  our  own  journals?  It  stands  thus:  that 
for  three  consecutive  years  after  the  harboring 
of  this  deadly  malice  against  Mr.  Biddle,  for  not 
managing  the  institution  to  suit  the  J'resident's 
political  wishes — for  three  3ears,  one  after 
another,  with  this  '  vindictive '  hate  in  his  bo- 
som, and  this  diabolical  determination  to  ruin 
the  institution,  ho  nominates  this  same  Mr. 
Biddle  to  the  Senate,  as  one  of  the  government 
directors,  and  at  the  head  of  those  directors  ! 
Mr.  Biddle  and  some  of  his  friends  with  him 
came  in,  upon  every  nomination  for  three  suc- 
cessive years,  after  vengeance  had  been  sworn 
against  him  !  For  three  years  afterwards  he  is 
not  only  named  a  director,  but  indicated  for  the 
presidency  of  the  bank,  by  being  put  at  the 
head  of  those  who  came  recommended  by  the 
nomination  of  the  President,  and  the  sanction  of 
the  Senate !  Thus  was  he  nominated  for  the 
years  1830,  1831,  and  18S2;  and  it  was  only 
after  the  report  of  Mr.  Clayton's  committee  of 
1832  that  the  President  ceased  to  nominate  Mr. 
Biddle  for  government  director  !  Such  was  the 
frank,  confiding  and  friendly  conduct  of  the 
President ;  while  Mr.  Biddle,  conscious  that  he 
did  not  deserve  a  nomination  at  his  hands,  had 
himself  also  elected  duruig  each  of  these  years, 
at  the  he.ad  of  the  stockholders'  ticket.  He 
knew  what  he  was  meditating  and  hatching 
against  the  President,  though  the  President  did 
not !  What  then  becomes  of  the  charge  faintly 
shadowed  forth  by  the  committee,  and  publicly 
and  directly  made  by  the  bank  and  its  friends  ? 
False !  False  as  hell !  and  no  senator  can  say 
it  without  finding  the  proof  of  the  falsehood  re- 
corded in  our  own  journal  I " 

Mr.  Benton  next  defended  Mr.  Taney  from 
ar  unjustifiable  and  gratuitous  assault  made 
upon  him  by  the  committee — the  more  unwar- 
rantable because  that  gentleman  was  in  retire- 
ment— no  more  in  public  life — having  resigned 
his  place  of  Secretary  of  the  Treasury  the  day 
he  was  rejected  by  the  Senate.  Mr.  Taney,  in 
his  report  upon  the  removal  of  the  deposits,  had 
repeated,  what  the  government  directors  and  a 
committee  of  the  House  of  Represeulativos  had 


■-^ 


484 


TIIIUTV  YEAIW  VIEW. 


I  f 


tii'Ht  reported,  of  the  illegal  conduct  of  the  bank 
committLc  of  exclmnge,  in  making  loans.  The 
fiict  wns  true,  and  as  since  sliown,  to  a  far  higher 
degree  than  then  detected ;  and  tht;  Senate's 
committee  were  unjustifiable  in  defending  it. 
Hut  not  satisJled  with  this  defence  of  a  criminal 
iiistituti(m  against  a  just  accusation,  they  took 
the  opportunity  of  costing  censure  upon  Mr. 
'J'uney,  and  gaining  a  victory  over  him  by  mak- 
ing a  faUc  issue.  Mr.  Denton  immediately 
corrected  this  injustice.     He  said : 

"  That  ho  was  not  now  going  into  a  general 
answer  to  the  report,  but  he  must  do  justice  to 
an  abse.  *  gentleman — one  of  the  purest  men 
npon  earth,  both  in  public  and  private  life,  and 
who,  after  the  manner  ho  had  been  treated  in 
this  chamber,  ought  to  be  secure,  in  his  retire- 
ment, from  senatorial  attack  and  injustice.  The 
committee  have  joined  a  conspicuous  issue  with 
Mr.  Taney ;  and  they  have  carried  a  glorious 
bank  victory  over  him,  by  turning  off  the  trial 
upon  a  false  jwint.  Mr.  Taney  arraigned  the 
legality  of  the  conduct  of  the  exchange  commit- 
tee, which,  overleaping  the  business  of  such  a 
committee,  which  is  to  buy  and  sell  real  bills 
of  exchange^  had  become  invested  with  the 
power  of  1  ho  whole  board ;  transacting  that 
business  wliich,  by  the  charter,  could  only  be 
done  by  the  board  of  directors,  and  by  a  board 
of  not  less  than  seven,  and  which  they  could  not 
delegate.  Yet  this  committee,  of  three,  selected 
by  the  President  himself,  was  shown  by  the 
report  of  the  government  directors  to  transact 
the  most  important  business ;  such  as  making 
immense  loans,  upon  long  credits,  and  upon 
questionable  security;  sometimes  covering  its 
operations  under  the  simulated  garb,  and  falsi- 
fied pretext,  of  buying:  a  bill  of  exchange  j 
sometimes  using  no  disguise  at  all.  It  was 
shown,  by  the  same  report,  to  have  the  exclu- 
sive charge  of  conducting  the  curtailment  last 
winter ;  a  business  of  the  most  important  cha- 
racter to  the  country,  having  no  manner  of 
afBnity  to  the  proper  functions  of  an  exchange 
committee ;  and  which  they  conducted  in  the 
most  partial  and  iniquitous  manner ;  and  with- 
out even  reporting  to  the  board.  All  this  the 
^;overnmciit  directors  communicated.  All  this 
was  commented  upon  on  this  floor;  yet  Mr. 
Taney  is  selected  !  lie  is  the  one  pitched  upon ; 
as  if  nobody  but  him  had  arraigned  the  illegal 
acts  of  this  committee ;  and  then  he  is  made  to 
arraign  the  existence  of  the  committee,  and  not 
its  misconduct !  Is  this  right  ?  Is  it  fair?  Is  it 
just  thus  to  pursue  that  gentleman,  and  to  pur- 
sue him  unjustly  1  Can  the  vengeance  of  the 
bank  never  be  appeased  while  he  lives  and 
moves  on  earth  ?  " 

After  having  vindicated  the  President,  the 
Vice-President,  Mr.  Grundy,  Mr.  Taney,  and 


liimself,  from  the  unfounded  imputations  of  thi 
committee,  so  gratuitously  presented,  so  ^n. 
warranted  in  fact,  and  so  foreign  to  the  puriKjv. 
for  which  they  were  appointed,  Mr.  IJcnt.)!] 
laid  hold  of  some  facts  which  li.id  nnm.  ,, 
light  for  the  purpose  of  showing  the  misconduct 
of  the  bank,  and  to  invalidate  the  committn', 
report.  The  first  was  the  iran8ix)rtation  of  sjKci^ 
to  Ix)ndon  while  pressing  it  out  of  the  dd; 
munity  here.    lie  said : 

"  He  had  performed  a  duty,  which  oiipht  not 
to  be  delayed  an  hour,  in  defending  himself,  iln 
President,  and  Mr.  Taney,  from  the  sad  injiistire 
of  that  report ;  the  report  itself,  with  all  it; 
elaborate  pleadings  for  the  bank, — its  irrora  i,f 
omission  and  commission, — would  conie  up  for 
argument  after  it  was  printed ;  and  when,  witi! 
God's  blessing,  and  the  help  of  better  han'ls  ^ 
would  hope  to  show  that  it  was  the  duty  oi'  the 
Senate  to  recommit  it,  with  instructions  to  i\. 
amine  witnesses  upon  oath,  and  to  brinp  out  I 
that  secret  history  of  the  institution,  wlijii, 
seems  to  have  been  a  sealed  book  to  the  com. 
mittee.  For  the  present,  ho  would  brinp  ti 
light  two  facts,  detected  in  the  intricate  niaze>  I 
of  the  monthly  statements,  which  would  ti.xai 
once,  both  the  character  of  the  bank  and  the 
character  of  the  report;  the  bank,  for  its  an! 
dacity,  wickedness  and  falsehood  ;  the  reiwt  I 
for  its  blindness,  fatuity,  and  partiality. 

"  The  bank,  as  all  America  knows '(.said  .Vr, 
B.),  filled  the  whole  country  with  the  cndlcsj 
cry  which  had  been  echoed  and  re-eciioed  ficji  I 
this  chamber,  that  the  removal  of  the  dcposiu  I 
had  laid  her  under  the  necessity  of  curtailiisl 
her  debts ;  had  compelled  her  to-call  in  her  loans  I 
to  fill  the  vacuum  in  her  coffers  prodneed  It  I 
this  removal;  and  thus  to  enable  hersuiftol 
stand  the  pressure  which  the  'hostility' of  tie  I 
government  was  bringing  upon  her.  Tiiis  u\ 
the  assertion  for  six  long  months ;  and  nowldl 
facts  confront  this  assertion,  and  reveal  M 
truth  to  an  outraged  and  insulted  commi!nitr[ 

"  The  first  fact  (said  Mr.  B.),  is  the  U-mM 
of  the  moneys  to  London,  to  lie  there  idle,  wliili| 
squeezed  out  of  the  people  here  during  the  paniil 
and  pressure.  f 

"  The  cry  of  distress  was  raised  in  Dccemkl 
at  the  meeting  of  Con^i-ess ;  and  during  tkl 
month  the  sum  of  ^129,  <  04  was  transferred  hi 
the  bank  to  its  agents,  the  Barings.  This  ml 
>vaxed  stronger  till  July,  and  until  that  t:u| 
the  monthly  transfers  were : 


December, 
February, 
March, .     . 
May,  .    . 
June,    .     . 
July,     .    . 


.  ^120,7fi4 
.    355.253 

.  20154:) 
.      34,749 

.   2,142,054 

.      5Oi;950 

83,425,313 


ANNO  1834.     ANDFIEW  JACKSON,  PRESfDENT. 


485 


(led  inip»»tatii>n»  of  th« 
sly   prcBcnte<l,  so  un- 
»  foreign  to  the  p\irjK)v^ 
kpi)oiuteil,   Ml',  litnt  ill 
,8  which  h^<\  >i)ine  i, 
showing  the  misconduct 
validate  the  committu', 
B  iran8ix)rtation  (jf  sptcio 
,ing  it  out  of  tho  com- 

a  duty,  which  mipht  not 
in  dcfer.iliug  hiinstlf,  ihc 
icy,  from  the  sad  injustice 
cport  itself,  with  all  it< 
■  the  bank,— its  irrora  nf 
ion  —would  come  up  fo: 
printed ;  and  wlien,  wiih 
le  help  of  better  Imnls  t,.' 
hat  it  was  the  duty  of  the 
w-ith  instructions  to  n- 
n  oath,  and  to  hrinpr  oi,t 
of  the   institution,  wliich 
a  scaled  book  to  the  cuic- 
jscnt,  ho  would  briiij:  t,  | 
cted  in  the  intricate  maze; 
■inents,  which  would  tixsi 
[ictcr  of  the  bank  and  t!i? 
)ort ;  the  bank,  for  its  an- 
mi  falsehood ;  the  rcfiort. 
lity,  and  partiality. 
America  knows  (said  Mr. 
I  country  with  the  cndkss 
echoed  and  re-echoed  (ical 
he  removal  of  the  dcposiu 
the  necessity  of  c\irtailiK 
elled  her  to-call  in  her  loMi 
in  her  coffers  produced  li; 
thus  to  enable  hersdfwl 
irhichthe  'hostility' of il« 
nging  upon  her.    This  to 
i  long  months ;  and  now  l«l 
i   assertion,  and  reveal  tkl 
d  and  insulted  coinnmniu, 
said  Mr.  B.),  is  the  ti-anal 
i,ndon,  toliethereule,vflul 
peop'.e  here  during  the  paixl 

ress  was  raised  in  Uccemtel 
Congress;  and  during  tkl 
ftl2y  (04  was  t-vansferri'dkil 
ents,' the  Barings.  Tlusml 
II  July,  and  until  that  t;Ml 
ers  were : 

.    S129,7iU 

.    355.253 

'     ■  .      201'.543 

'    ".     .      34,749 

.   2,142,054 

*    *     .      5Ui;950 


83,425,313 


Makinp  the  sum  of  near  three  millions  Rn<l  a  | 
iiilf  triinfferred  to  liondon,  *o  lie  idle  in  the  i 
hands  of  im  agent"  while  that  very  money  wa-x  I 
fi,iuci'«'dout  of  a  few  cities  here  ;  and  the  whole  ! 
o'lintry,  and  the  halls  of  Congress,  •  filled  1 

with  the  deafening  din  of  the  cry.  thav     .c  bank  I 
was  font'd  to  curtail,  to  supply  the  loss  in  her 
(nvn  coU'ers  from  the  removal  of  the  dei)o.sit,>< ! 
And,  worse  yet !    The  bank  had,  in  tlie  iiands  \ 
flf  the  same  agents,  a  large  sum  when  thctrans- 
fi.,8  of  these  panic  collections  began;  making  in 
the  whole,  tho  sum  of  ^4,2()1  201,  on  the  iirst 
(lav  of  July  la.st,  which  was  lying  idle  in  her 
dionts'  hands  in  London,  drawing  little  or  no 
Interest  there,  while  squeezed  out  of  the  hands 
of  those  who  were  paying  bank  interest  here, 
near  seven  per  cent. ;  and  had  afterwards  to  go 
into  brokore'  hands  to  borrow  at  one  or  two  per 
cent,  a  month.    Even  now,  at  the  last  returns 
on  tiie  first  day  of  this  month,  about  two  mil- 
linns  and  a  half  of  this  money  (!iii2,078,00(i)  wa,s 
Ptill  lyinR  •'lie  in  the  hands  of  tho  Barings! 
waiting  till  foreign  exchange  can  be  put  up  again 
tieiirht  or  ten  per  cent.    Tho  enormity  of  thi.s 
conduct,  Mr.  ii.  said,  was  aggravated  by  the 
notorious  fact,  that  the  transfers  of  this  money 
were  made  by  sinking  the  price  of  exchange  as 
low  as  five  per  cent,  below  par,  when  shippers 
ind  planters  had  bills  to  sell ;  and  raising  it 
1  t'ifflit  per  cent,  above  par  when  merchants  and 
importers  had  to  buy  ;  thus  double  taxing  the 
CDiaracrco  of  the  country — double  taxing  the 
producer  and  consumer — and  making  a  fluctua- 
tion of  thirteen  per  cent,  in  foreign  exchange, 
[in  the  brief  space  of  six  months.    And  all  this 
jto  make  money  scaree  at  home  while  charging 
(that  scarcity  upon  the  President !     Thus  com- 
Uinins;  calimny  and    stock-jobbing  with    the 
Idiabolical  attempt  to  ruin  the  country,  or  to 
Irulc  it." 

The  next  glaring  fact  which  showed  the  enor- 
mous culpability  of  tho  bank  in  making  the 
toressure  and  distress,  was  tho  abduction  of 
kbout  a  million  and  a  quarter  of  hard  dollars 
torn  New  Orleans,  while  distressing  the  busi- 
ness community  there  by  refusal  of  discounts 
jid  the  curtailment  of  loans,  under  pretence  of 
baking  up  what  she  lost  there  by  the  removal 
jif  the  deposits.  The  fact  of  tlie  abduction  was 
letectcd  in  the  monthly  reports  still  made  to 
lie  Secretary  of  the  Treasury,  and  was  full  proof 
If  the  wantonness  and  wickedness  of  the  pres- 
iure,  as  the  amount  thus  squeezed  out  of  the 
Bramunity  was  immediately  transferred  to  Phi- 
delphia  or  New-York ;  to  be  thence  shipped  to 
london.  Mr. Benton  thus  exposed  this  iniquity: 

'•  The  next  fact,  Mr.  B.  said,  was  the  abduction 

'  an  immense  amount  of  specie  from  New  Or- 

l5,  at  the  moment  the  Western  produce  was 


arriving  there ;  and  thun  di«abling  the  merchants 
from  buying  that  |iro<lurf.  and  thereby  ninkinc 
its  price  nt-arly  one  half;  nnd  all  undrr  the  fal>c 
pivtext  of  supplying  the  lo-'s  in  its  cotltTS,  occa- 
sionefl  by  the  n-nioval  of  the  di'iMwits. 

'•The  fiilsehooil  and  wii'kedni'ss  of  thi.4  con- 
duct will  appear  from  the  fiict,  that,  at  the  liiii>' 
of  the  removal  of  the  deiHi.-^its,  in  Octolier.  th" 
public  dcjiosits,  in-the  New  Orleans  branch,  wire 
far  less  than  tlu?  amount  aftirwards  curtiiiUd, 
and  sent  off;  and  that  these  (k'i)osits  were  not 
entirely  drawn  out,  for  many  months  after  the 
curtailment  and  abduction  of  the  money.  Thus, 
the  public  deposits,  in  October,  were : 

"In  the  name  of  the  Treasurer 

of  the  United  States,  $;204,22S  (;2 

"In  the  name  of  public  ofTictrs,      173,7ti4  (14 

iS;4t;7,!)!»;;  2(i 

"  In  all,  less  than  half  a  million  of  dollars. 
'*  In  March,  there  was  still  on  hand : 


"In  the  name  of  the  Treasurer, 
"In  the  name  of  public  ollicers, 


$i40,2C.r,  28 
(;3,tJ71  80 

gio;;,y38  an 

"In  all,  upwards  sf  one  hundred  thousand 
dollars;  and  making  the  actiml  withdrawal  of 
deposits,  at  that  brinch,  but  .'$300,()00,  and  that 
paid  out  gradually,  in  the  discharge  of  govern- 
ment demands. 

"  Now,  what  wa.s  the  actual  curtailment,  dur- 
ing the  same  period  7  It  is  shown  from  the 
monthly  statements,  that  these  curtailment.s,  on 
local  loans,  were  ^788,904 ;  being  ui)ward8  of 
double  the  amount  of  deposits,  miscalled  le- 
moved;  for  they  were  not  removed;  but  only 
paid  out  in  the  regular  progress  of  govemmi  nt 
disbursement,  and  actually  remaining  in  the  muss 
of  circulation,  and  much  of  it  in  the  bank  itself. 
But  the  specie  removed  during  the  same  time ! 
that  was  the  fact,  the  d.amning  fact,  upon  which 
he  relied.    This  abduction  was : 


"In  the  month  of  No- 
vember, S334,fi47  } 
"  In  the  month  of  March,     808,084  ^ 


ut  the  leant 


$1,142,731 

"Making  near  a  million  and  a  quarter  of  dol- 
lars, at  the  least.  Mr.  B.  repeated,  at  the  least ; 
for  a  monthly  statement  doos  not  show  the  ac- 
cumulation of  the  month  which  might  also  bo 
sent  off;  and  the  statement  could  only  be  relied 
on  for  so  much  as  appeared  a  month  before  tho 
abduction  was  made.  Probably  the  sum  was 
upwards  of  a  million  and  a  quarter  of  hard  dol- 
lars, thus  taken  away  from  New  Orleans  last 
winter,  by  stopping  accommodations,  calling  in 
loans,  breaking  up  domestic  exchange,  creatiii.: 
panic  and  pressure,  and  sinking  the  price  of  all 
produce;  that  the  mother  bank  miglit  transfer 
funds  to  London,  gamble  in  foreign  exchange, 


48G 


TIIUHY  YKAIW  Vli.W. 


npirnd  «U'f!olnlion  nml  tomtr  throiiph  the  land; 
mill  tlicn  clinryc  tho  hImjIc  ii|i<»n  llu'  I'luHidi'nt ' 
of  till-  riiit*'<l  Stati'H;  nml  cikI  with  the  tiimul 
riiiiHuiiiinatiiiii  xf  hi'iiipiii);  n  new  |K)litical  |)itrty 
into  inmcr,  uml  j)ur|iituuling  iU  own  clittrltr." 

^^r.  Itcnion  roinini'iiti'il  on  the  hnrcfiictMlnetis 
of  niiininK  out  an  inimciiM'  line  of  iliKcountH,  bo 
w)on  done  after  tlic  rise  of  the  limt  wshion  of 
ConV'ress,  nnd  so  snddenly,  that  the  friends  of 
the  hunk,  in  remote  |iluceH,  not  having  had  time 
tn  be  informed  of  the  "  reversal  of  the  bank 
seiows,"  were  Klill  in  full  ehoni!>,  justifyinp  the 
curtailment;  und  concluded  with  denouncing 
tlie  report  as  ex  parte,  and  remarking  iij)On  the 
RiicccKS  of  the  ctiinmittee  in  tinding  what  they 
were  not  Kent  to  hxjk  for,  and  not  linding  what 
they  ought  to  have  found,     lie  said : 

'•  These  are  some  of  the  astounding  iniqnitios 
which  have  escajied  the  eyes  of  the  committee, 
while  they  have  been  so  succ:  sful  in  their  anti- 
quarian researehes  into  Andivw  Jackson's  nnd 
I''elix  CJnnidy's  letters,  ten  or  tA'enty  yearn  ago, 
and  intoMarlin  Van  Buren's  and  Thomas  H.  Hen- 
ton's,  six  or  eight  years  ago ;  letters  which  every 
jiublic  man  is  called  upon  to  give  to  his  neighl:K)rs, 
or  constituents ;  wliich  no  public  man  ought  to 
refuse,  or,  in  all  probability  ever  did  refuse;  and 
which  are  so  ostentatiously  paraded  in  the  re- 
\  ort,  and  so  emphatically  read  in  tliis  chamber, 
with  pause  and  gesture;  and  with  such  a  sym- 
pathetic l(:.>k  for  the  exjiected  smile  from  the 
friends  of  i'v  bank  ;  letters  which,  so  far  as  he 
was  conceri.jd,  had  been  used  to  make  the  com- 
mittee the  organ  of  a  falsehood.  And  now,  Mr. 
}}.  would  be  glad  to  know,  who  put  the  commit- 
tee on  the  scent  of  those  old  musty  letters ;  for 
there  was  nothing  in  the  resolution,  under  which 
they  acted,  to  conduct  their  footsteps  to  the  silent 
covert  of  tliat  small  game." 

Mr.  Tyler  made  a  brief  reply,  in  defence  of 
the  report  of  the  committee,  in  which  he  said : 

"  The  senator  from  Missouri  had  denominated 
the  report '  an  elaborate  defence  of  the  bank.' 
He  had  said  that  it  justified  the  bank  in  its 
course  of  curtailment,  during  the  last  winter 
And  the  early  part  of  the  summer.  Sir,  if  the 
honorable  senator  had  paid  more  attention  to 
the  reading,  or  had  waited  to  have  it  in  print,  he 
would  not  have  hazarded  such  a  declaration. 
lie  would  have  perceived  that  that  whole  ques- 
tion was  submitted  to  the  decision  of  the  Senate. 
The  committee  had  presented  both  sides  of  tlie 
question  —  the  view  most  favorable,  and  that 
most  unfavorable,  to  the  institution.  It  exhib- 
ited the  measures  of  the  Executive  and  those  of 
the  bank  consequent  upon  them,  on  tlie  one 
side,  and  the  available  resources  of  the  bank  on 
the  other.  The  fact  that  its  circulation  of 
|fl9,000,000  was   protected   by  specie  to  the 


amount  of  810.(K)0,(miO,  nnd  claimH  on  'he  St„: 
banks  exrieiling^2,(M)(),(MHI.  wliirh  WTccqiial  ■ 
s|M'rie — that  its  purchase  of  donie^tie  rxilifin  . 
had  so  declined,  from  May  t'>  Octnticr,  h.h  i., 
place   at   its   dispr»sal   more   than    ^'.'"'U.im  , 
something    mnie    than    a  doulit    is   e.\|iix>.,,i 
whether,    uiidrr    ordinary   i'iri'uinf<tiinrM,   |],. 
l»ank  would  have  bein  jiistilied  in  curliiiiititr  i-^ 
discounts.     So.  too.  in  regard  to  a  !»  rsevciiiir 
in  its  measurts  of  piveaution  as  long  ns  it  ci.i 
a  summary  of  facts  is  given  to  enable  the  Sn;. 
ate  to  decide  »ipon  the  iifopricty  of  the  conr  .■ 
pursued  by  the  bank.     The  etiort  of  the  rim. 
mitteo  has  been  to  present  these  subjects  fiiirlv 
to  the   Senate  and   the  country.     Tiny  Imv 
sotight '  nothing  to  extenuate,'  nor  ha\c  tl„ 
'set  down  ought  in  malice.'     The  staltnun''. 
are  presented  to  the  senator,  for  his  ciilin  ui.j 
deliberate  consideration — to  each  senator,  tn  I,. 
weighed  as  becomes  his  high  station.   Ami  wl,  i 
is  the  course  <if  the  honora))le  senator  I    ji,. 
moment  he  (Mr.  T.)  could  retinn  to  his  > :[ 
from  the  Clerk's  taiile,  the  gentleman  poim,  < 
upon  the  report,  and  makes  assertiims  whidi  j 
carefid  perusal  of  it  would  cause  him  to  kiiw 
it  does  not  contain.     On  one  subject,  the  o.ii- 
troversy  relative  to  the  hill  of  eAclianpe.  nul 
the  damages  consequent  on  its  protest,  the  cc\'> 
mittee  had  expressed  the  opinion,  that  tiic  pv. 
ernment  was  in  error,  and  he,  as  a  mcinljcrci 
that  committee,  would  declare  his  own  convii. 
tion  that  that  opinion  was  sound  and  iiiainiait. 
able  before  any  fair  nnd  impartial  trilmiml  •»  i 
the  world.    Certain  persons  started  bad  wiiii 
alurm,  at  the  mere  mention  of  a  court  of  justitv. 
The  trial  by  jury  had  become  hateful  in  tkit 
eyes.     The  gi^'at  principles  oi  vtogna  i-lm'A 
are  to  be  overlooked,  and  the  declaiations  wn- 
tained  in  the  bill  of  rights  are  -becoine  too  olil- 
fashioned  to  be  valuable.     Popular  prejiuli«^| 
are  to  be  addressed,  and  instead  of  an  appeal  1 1 
the  calm  judgment  of  mankind,  every  liirkin.' 
prejudice  is  to  bo  awakened,  because  a  coip n- 
tion,  or  a  set  of  individuals,  have  believed  tliiK- 1 
selves  wronged  by  the  accounting  ollicers  (i'tifl 
treasury,  and  have  had  the  temerity  and  iiii]:- 
dence  to  take  a  course  calculated  to  brinfr  liicf  | 
rights  before  the  forum  of  the  courts.  Lot  il.o-: 
who  see  cause  to  pursue  this  course  rejuici  ■;-.  I 
they  may  please,  and  exult  in  the  succc-^swliiij 
attends  it.    For  one,  I  renounce  it  as  unw^riL 
American  statesmen.     The  committee  had  ail 
dressed  a  sober  and  temperate  but  liim  ara  [ 
ment,  upon  this  subject,  to  the  Senate;  aU I 
standing  in  the  presence  of  that  august loltf 
atad  before  the  whole  American  people,  he  rtif 
ed  upon  that  argument  for  the  truth  of  thco[ii>| 
ion  advanced.    An  opinion,  for  the  lioneslvi^ 
which,  on  his  own  part,  he  would  avouch,  alia  I 
the  most  solemn  manner,  under  the  uuutttralil 
obligations  he  was  under  to  his  Creator. 

"The  senator  had  also  spoken  in  strong bl 
guage  as  to  that  part  of  the  report  which  nlaitill 
to  the  committee  of  exchange.  He  had  ail 
that  a  false  issue  had  been  prcscnteil— that  tLl 


ANNO  )8M.     AiflitV  •>A< 


ilDF.NT 


487 


m'l  r!uiin»«  "n  *hf  Stu: 
(10.  wliK'li  w"r>'t'fiiial  • 
(if  (lo!in'<'lir  rxclis!!  , 
Wnv  t'>  OcIiiIkt,  ns  t,, 
loi'c   tlmn   S"i,("itM,.H  ; 
a   (limlil    i»   i'.\iiii>»i  1 
ivv    I'livmuHtniii'i  -i,   il 
iistiriiMl  in  mrtiiiiinsi'- 
I'frnnl  to  a  ])t'r-«'vcniii' 
,\ili()n  iiH  loiip  iiH  it  iH 
■ivtu  to  ciialdc  till'  Sii:- 
iiroprii'ty  "f  the  ci.i.r ; 
The  I'tlort  of  tlic  I'^w.. 
ent  those  suhjerts  f;i:r;v 
e  coiintry.     Tliiy  bv 
U'liuiite,' "nor  hii\<.'  tl,  v 
imlit'c'     'Hie  stiiltnun'- 
iiiiitor,  for  hi^  culm  u!;i 
I — to  each  scnatur.  tu  I* 
H  hiph  station.   Ami  wl  t 
loncti'ahle  senator  (    1!. 
could  return  to  lii>  y:\ 
[.,  the  iientleniun  ikmih-  < 
iiiukfs  nssertions  wliidi  j 
rtould  cause  him  to  kiiw 
On  one  piibjcct,  the  ihv 
the  bill  of  e:<c\iaiipe.aiii 
nt  on  its  protest,  tlii'  cm:; 
the  opinion,  that  the  |;h- 
i-  und  he,  as  n  meinlicr  cl 
Id  declare  hw  own  convii- 
1  was  Bound  and  iiiiuntain- 
and  impartial  trilmiiiil  n 
persons  started  hac-k  with 
iition  of  a  cotnt  of  justicf. 
become  hateful  in  tlii.ii 
inciples  of  magna  clwria 
and  the  declaiations  o^ 
•ifrhts  arc  -become  too  o'jI- 
,ud)le.     I'opular  prejailiw 
Mid  instead  of  an  apical  i 
of  mankind,  every  lurkia; 
akened,  because  a  cor[Kjri- 
iduals,  have  believed  thiE- 
;ie  accounting  oiliccrs  li ti( 
lad  the  temerity  and  my.- 
se  calculated  to  brin?  tiiu 
um  of  the  courts.  Let  ilo-^ 
,ursuc  this  course  rejoicti: 
d  exult  m  the  success  wli!i: 
I  1  renounce  it  as  umvirilr. 
1.    The  committee  had  ail- 
1  temperate  but  tiim  ara 
ibject,  to  the  Senate;  aiii 
esence  of  that  august  lok. 
le  American  people,  lie  m 
lent  for  the  truth  of  the  01  ft 
opinion,  for  the  lionesty,*. 
part,  ho  would  avouch,  alM 
inner,  under  the  imuttaak 
under  to  his  Creator, 
u  also  spoken  in  strong  to 
rt  of  the  report  which  i« 
of  exchange.    He  had  'A 
ad  been  presented— that  tl* 


;,(,.  Serrctary  of  the  TrcaMurv  rVI.  I'mm/ff  had  I 
Lvir contended  that  the  bunk  iumI  n..  n^ul  {n 
iiiiioint  u  conwnittco  of  cxchautre — that  hiuIi  a 
o'lninitt^e  wa.s  apiiointinl  by  all  hunks,  la  this 
|yl  iliclanition  the  f.'intlenmii  in  ctirnct.  All 
l^„)i„  liuvc  a  committee  to  purchase  escimn/e. 
Hut  .Mr.  T.  woiiUl  udmonisli  the  Rentleiuan  to 
Uware.  H"^'  wouhl  tind  himself  condeniuiup! 
him  wlioni  lie  wished  to  defeiui.  Mr.  Taney's 
viTv  |an(;iia?o  in  quoted  in  the  report.  He  plare.f 
,1,1.  vi<datii'n  of  the  charter  distinctly  on  the 
•romul  tlint  the  business  of  the  bank  is  intrust- 
"  1  („  tlnve  inenibera  on  the  exchange  committee, 
«lnn  the  ciiarter  requires  that  not  less  tlian 
,uvcn  shall  constituto  a  board  to  do  business. 
IlisviTV  words  are  piven  in  the  report,  so  that 
Le  cannot  Ik;  misunderstood;  and  the  commen- 
1  irv  uf  the  committee  consists  in  a  mere  narra- 
tive of  facts.  Little  more  is  done  tlian  to  give 
tictj  and  the  honorable  senator  takes  the  alarm ; 
;ind,  in  his  ellbrt  to  rescue  the  late  Secretary 
i'loin  their  influence,  plunges  him  still  deeper 
iiiiodilBciiIty. 

•The  senator  had  loudly  talked  of  the  com- 
railtec  havinj;  been  made  an  instrument  of,  by 
tlie  bank.  For  himself,  ho  renounced  tiio  aa- 
cription.  He  would  tell  the  honorable  senator 
that  he  could  not  bo  made  an  instrument  of  by 

he  bank,  or  by  a  still  greater  and  more  formidable 
i  power,  the  administration,  lie  stood  upon  that 
lloorto  accomplish  the  purposes  for  which  he 
was  sent  there.     In  the  consciousness  of  his 

own  honesty,  he  stood  firm  and  erect.  He  would 
[worship  alone  at  the  shrine  of  truth  and  of  honor. 

It  was  a  precious  thing,  in  the  eyes  of  some 

uien,  to  bask  in  the  sunshine  of  power.  Ho 
Irested  only  upon  the  support,  which  had  never 
Ifiilcd  him,  of  the  high  and  lofty  feelings  of  his 
Iconstitucnts.    He  would  not  be  an  instrument 

mn  in  their  hands,  if  it  were  possible  for  them 

to  require  it  of  him,  to  gratify  an  unrighteous 

notive." 


CHAPTER    CXVII. 

FKENCII  SPOLIATIONS  BEFORE  1800. 

piESE  claims  had  acquired  an  imposing  aspect 

r  this  time.    They  were  called  "  prior  "  to  the 

ar  1800;  but  how  much  prior  was  not  shown, 

lid  they  might  reach  back  to  the  establishment 

r  our  independence.     Their  payment  by  the 

Inited  States  rested  upon  assumptions  which 

Instituted  the  basis  of  the  demand,  and  on 

|hich  the  bill  was  framed.    It  assumed,_/?7'S< — 

bat  illegal  seizures,  detentions,  captures,  con- 

nnations,  and  confiscations  were  made  of  the 

els  and  property  of  citizens  of  the  United 


t.lt»«  Wot         Uf     (N^riol  IttHMK'f.       StCUHiiff 

-  rhaf  fb«-     iH>'l»  weiw  •    iiiMHiilh>d        such  or 
der*  and  i      <t  -mch  etf    iMM«t«ii<<'  .  .i-"  pave  the 
Hufli-n Ts  a       >it  t'l  indei    Mijr  from  iIk;  Frincli 
trovcrninii  Thinlly      i  U«t  these  claims  liad 

been  nninil'c  ,  '•  the  I  iit»-«l  States  for  pu'dic 
consiilcrations.  Foiu-lhty — That  lliis  nniiiil 
ment  pave  these  Kiifl'erers  a  jii>t  clniiii  ii|K)n  tiio 
I'nited  States  fur  the  amount  of  their  lo«ses. 
L'pon  these  four  assiimptions  the  bill  rested — 
some  of  them  dispu  table  in  point  of  fact,  and  others 
in  point  of  law.  Of  these  latter  was  the  assumj)- 
tion  of  the  liability  of  the  United  States  to  l)e- 
come  paymasters  theiiiKelves  in  cases  where 
failing,  by  war  or  nefrotiation,  to  obtain  redress 
they  make  a  treaty  settlement,  suriinilering  or 
abandoning  claims.  This  is  an  .vssuniption  con- 
trary to  reason  and  law.  Every  nation  is  Itound 
to  give  protection  to  the  persons  and  projierty 
of  their  citizens ;  but  tlie  government  is  the 
judge  of  the  measure  and  <legrec  of  that  pro- 
tection ;  and  is  not  boiuid  to  treat  for  ever,  or 
to  fight  for  ever,  to  obtain  such  redress.  After 
having  done  its  best  for  the  indemnity  of  some 
individuals,  it  is  bound  to  consider  what  is  due 
to  the  whole  community — and  to  act  accordingly; 
and  the  unredressed  citizens  have  to  put  ^i> 
with  their  losses  if  abandoned  at  the  general  sei- 
tlcmcnt  which,  sooner  or  later,  must  terminate 
all  national  controversies.  All  this  wa.H  well 
stated  by  Mr.  Bibb,  of  Kentucky,  in  a  speech  on 
these  French  claims  upon  the  bill  of  the  pro- 
sent  year.    He  said : 

"He  was  well  aware  that  the  interests  of 
individuals  ought  to  be  supported  by  their  gov- 
ernments to  a  certain  degree,  but  he  did  not 
think  that  governments  were  bo»md  to  push 
such  interest  to  the  extremity  of  war — he  did 
not  admit  that  the  rights  of  the  whole  were  to 
be  jeoparded  by  the  claims  of  individuals — tlic 
safety  of  the  community  was  paramount  to  the 
claims  of  private  citizens.  Ho  would  proceed 
to  see  if  the  interests  of  our  citizens  had  been 
neglected  by  this  government.  'J'hcse  cluinis 
have  been  urged  from  year  to  year,  with  all  the 
earnestness  and  zeal  due  from  the  nation.  IJut 
they  went  on  from  bad  to  worse,  till  negotia- 
tions were  in  vain.    AVo  then  assumed  a  hostile 


position. 


During  the  year 


'98,  more    than 


twenty  laws  were  passed  by  Congress  upon  this 
very  subject — some  for  raising  troops — some  for 
providing  arms  and  munitions  of  war — some  for 
fitting  out  a  naval  force,  aud  so  on.  Was  this 
neglecting  the  claims  of  our  citizens  V  "We 
went  as  far  as  the  interests  of  the  nation  would 
permit.      We  prosecuted  these  claims  to  iho 


; 


4S8 


THIRTY  YKARW  VIEW 


rcry  titito  of  pliinfrin^  Into  tli«t  iln-fiflfiil  w«r 
thru  <l(">iiliktiii^  Kiir'i|i('.  'I'lii-  ^'r)vrrnin)'iit  tlxii 
i>Hii'i|  il'<  |it-<i<'lfiiiinliiiii  (if  iii'iiti'Hlity  ami  imn- 
iiil<'n'"iir?'»'.  Mr.  II.  nt-xt  (irni'cc  '<h|  to  («liow 
lliKl  I'l'iinci'  lia<l  no  jiiHt  cIniiiiH  ii|i'ii\  ih.  itriM- 
in;.'  IW>iii  till'  >:iiftiT.nty.  Tliin  pi.-n  ify  (i^'iiiiist 
Krani'i'  u';i»t  not  consiilrrtil  binding,  rvcn  liy 
Friiiirc  liiT-clf.  nny  fiirtlirr  lliiin  «u-<  ron^i^fti-nl 
with  our  nliitions  with  otiur  n.'ilioiin;  tlmt  it 
WHS  ho  (icriiivi'il  hy  Ikt  niiniHtcr  ;  nnil.  iiiori'ovcr, 
tliat  ^h^•  U('knowIiM|(;f(l  the  jiiKtiee  of  our  neu- 
trality. 'I'Ik'so  treiiticM  liii<l  ln" '>  viointcfl  l)y 
FraiKT,  nnd  llic  I'nitfd  .Stiitcs  coiiM  not  surely 
lie  lioiiml  hy  trciiticM  vfliich  hIio  IuhI  liorsclf  vio- 
liitcd ;  and  ronHof|iu'iitly,  wo  were  under  no 
ulilipition  on  account  of  tlio  puarunty.  JMr.  li. 
went  on  to  show  that,  hy  the  terms  of  the 
treaty  of  1SI)(»,  the  tlehtij  due  to  our  citi/.en.s 
had  not  heen  re|in(iuishe(| : — tlmt  a-s  t  lie  (guaran- 
ty did  not  exi'<t,  and  as  the  elainin  had  not 
iieen  abandoned,  Mr.  U.  concluded  that  those 
claims  ougiit  not  to  ho  paid  by  thirt(;()vernmont. 
He  was  opposed  to  goin;;  back  thirty-four  years 
ti)  Hit  in  judgment  on  the  constituted  authori- 
ties of  that  time.  There  should  be  a  stability 
in  the  government,  and  ho  was  not  disposed  to 
(lucstion  the  judgment  of  the  man  (\Va.shing- 
ton)  who  has  justly  been  called  the  first  In  war 
and  the  first  in  peace.  We  are  sitting  here  to 
rejudgc  the  decisions  of  the  government  thirty- 
four  years  since." 

This  is  well  staled,  and  the  conclusion  just 
and  logical,  that  wc  ought  not  to  go  back  thir- 
ty-four years  to  call  in  question  the  judgment 
of  Washington's  administration.  Ho  was  look- 
ing to  the  latest  date  of  the  claims  when  ho  said 
thirty-four  years,  which  surely  was  enough ; 
but  AVashington's  decision  in  his  proclamation 
of  neutrality  was  seven  years  before  that  time  ; 
nnd  the  claims  themselves  have  the  year  1800 
for  their  period  of  limitation — not  of  commence- 
ment, which  was  many  years  before.  This 
doctrine  of  governmental  liaoility  when  aban- 
doning the  claims  of  citizens  for  which  indem- 
nity could  not  be  obtained,  is  unknown  in  other 
countries,  and  was  unknown  in  ours  in  the  ear- 
lier ages  of  the  government.  There  was  a  case 
of  this  abandonment  in  our  early  history  which 
rested  upon  no  "assumption"  of  fact,  but  on 
the  fact  itself;  and  in  which  no  attempt  was 
made  to  enforce  the  novel  doctrine.  It  was  the 
case  of  the  slaves  carried  off  by  the  British 
troops  at  the  close  of  the  Revolutionary  War, 
and  for  which  indemnity  was  stipulated  in  the 
treaty  of  peace.  Great  Britain  refused  that  in- 
demnity ;  and  after  vain  efforts  to  obtain  it  by 
the  CougWBS  of  the  confederation,  and  after- 


wanU  under  Wa««hin((ton'ii  adailiMnitiuB.  ikn 
claim  of  indemnity,  no  loninr  nratinf  up«t, 
claim  of  the  sutlVrers,  Imt  >i|nii;  u  lrv«n  nit,,,. 
lation — upon  an  article  in  a  trtaty  i„r  ()„ 
K'nelit — wax  abandoned  to  obtain  a  general  i,j. 
vantii^f!  for  the  whole  comtnimity  in  the  c,,,,. 
merciul  treaty  with  (Inat  ISiitaln.  Ah  th^ 
claims  for  French  s|Kiliati"ns  arc  still  coniiniK,! 
(IH/iO),  I  give  some  of  tin  spccchc*  for  jn<i 
against  then>  fifloen  years  ago,  l)olievin;r  dm 
they  present  the  stri'ngth  of  the  arguimnt  o- 
both  siiles.  The  ()|K'niug  speech  of  .Mr.  \\\\^. 
KttT  presented  the  case  : 

"  He  should  content  himself  with  sfntincrcr- 
briefly  an  outline  of  the  grounds  on  whicli  the, 
claims  are  supposed  to  rest,  and  then  leave  il„' 
subject  to  the  consideration  of  the  iSennte.  H,. 
however,  should  bo  happy,  in  the  course  nf  the 
debate,  to  make  such  explanations  as  might  W 
called  for.  It  would  bo  seen  that  the  hill  ppi. 
posed  to  make  satisfaction,  to  an  ainoinit  int 
exceeding  five  millions  of  dollars,  to  such  citi- 
zens of  the  United  .States,  or  their  legal  nm- 
sentatives,  as  had  valid  claims  for  indenmitv  on 
the  French  government,  rising  out  of  iliefll 
captures,  detentions,  and  condemnations,  maile 
or  committed  on  their  property  prior  to  tli« 
30th  day  of  .September,  1800.  This  bill  sup. 
posed  two  or  three  leading  propositions  to  I*  | 
true. 

"  It  supposed,  in  the  first  place,  that  illo|nl 
seizures,  detentions,  captures,  condeinDatioii.< 
and  confiscations,  were  made,  of  the  vessclj  ani) 
property  of  the  citizens  of  the  United  Statei 
before  the  30th  September,  180Q. 

"  It  supposed,  in  the  second  place,  that  the* 
acts  of  wrong  were  committed  by  such  orden 
and  under  such  circumstances,  as  that  the  eu*  I 
fercrs  had  a  just  right  and  cinim  for  indcmintj 
from  the  hands  of  tho  go\'ernment  of  I'Vano' 

"Going  on  theso  two  propositions,  the  bi 
assumed  one  other,  and  that  was,  tl  at  all  surh  I 
claims  on  Franco  as  came  within  x  prescriW 
period,  or  down  to  a  prescribed  period,  had  hm 
annulled  by  the  United  States,  and  that  tii  I 
gave  them  a  right  to  claim  indemnity  from  tiiu 
government.  It  supposed  a  liability  in  justio,  I 
in  fairness  and  equity,  on  the  part  of  this  gorl 
ernment,  to  make  the  indemnity.  These  wen  I 
the  grounds  on  which  the  bill  was  framed  I 
That  there  were  many  such  confiscations  nooDil 
doubted,  and  many  such  acts  of  wron{raswei»l 
mentioned  in  the  first  section  of  the  bill.  Thit  I 
they  were  committed  by  Frenchmen,  and  imdeil 
such  circumstances  as  gave  those  who  suffend  I 
wrong  an  unquestionable  right  to  claimindeiihl 
nity  from  the  French  government,  nobody,  bt  I 
supposed,  at  this  day,  would  question.  Then  I 
were  two  questions  which  might  be  madetkil 
subject  of  discussion,  and  two  only  occurt«dlil 


ASXO  1885.     ANt>RKW  JAiKsoV.  I'UFi*II»KST 


480 


n'R  wftntnlttratiuii.  tbn 
|«nn:«  r   irtiting  upou  > 
lit  niNin  a  trvstji  »it|,>|. 
in  a  treaty   r>ir  \\,,, 
I  to  ol>tain  a  pMural  |.>. 
;oiiun»nity  in  the  nm,. 
n;it  ISiitaln.    An  thi.« 
tifins  arc  still  contimi^l 
if  tin    ftpccchcs  for  iin-i 
cfti-H  ano,  Iwlicvinn  itia; 
j;th  of  tlio  nrpiiiKiit  o 
iiig  Hpccch  of  Mr.  \\\\r 


himself  with  otntlncTtr 
u  prounils  on  which  thi-? 

rest,  and  then  have  tl, 
•ation  of  the  St-nati'.  1|, 
nppy,  in  the  course  nf  tii,. 
explanations  as  might  I* 
no  Been  that  the  hill  pri- 
'action,  to  an  amount  m 
IS  of  dollars,  to  such  ciii- 
tates,  or  thoir  Icpil  repre- 
id  claims  for  indemnity  on 
icnt,  risinf?  out  of  ilifpl 

and  condemnations,  mai|« 
L'ir  property  prior  to  tin 
her.  1800.  This  hill  m\. 
eadinp!  propositions  to  U 

ho  first  place,  that  illopl 
captures,   condemnation.! 
re  made,  of  the  vessels  anil 
ens  of  the  United  Statei 
.mber,180Q. 
le  second  place,  that  ttia 
committed  by  such  orden 
jumstances.  as  that  the  i\f 
it  and  clnlm  for  inderanitj 
k;  pov'ernment  of  i-'ranci'    ' 
two  piopositions,  the  k. 
md  that  was,  tl  at  all  SucU 
s  came  within  a  prcscriW 
prescribed  period,  had  bwi 
litcd  States,  and  that  thij 
)ckim  indemnity  from  thii 
nposed  a  liability  in  justia, 
y,  on  the  part  of  this  gof 
he  indemnity.    These  wen 
lich  the  bill  was  framed 
ny  such  confiscations  no  owl 
such  nctsof  wroncasmi* 
Bt  section  of  the  bill.  W 
d  by  Frenchmen,  and  hum  I 
as  cave  those  who  suffenJ 
mable  right  to  claim  inden- 
nch  government,  nobodv  bil 
ay,  would  question.   Thm 
which  might  be  madeth 
and  two  only  occurred  ti 


,.^.  ctiiiiiiunt 
,vthi'  pnvenum'iit 


gi  tt  I'lal  moment.    The  <inn  was.  'On  what 
lw!i,*  till-  piViTliinriit  i)f  the  1  iiiti'd  Stale* 
e  til  any  e.\t<i»l  lor  the  iiijmy  done  t"  i 
7'     IheothiT, 'To  what  extent 

id    |u>tiiV    hnuild  /'       .\ll(l 

,f,(— f)f  the  firnt.  '  Wliy  wan  it  that  the  p>v- 
"iimiit  "f  '''^'  1  "''''d  Statts  jiud  heroine  n-- 
'.iin.iM''  ill  1"^*'  '"■  «''|"'*y  '"  i^"*  ''it'Zeiis,  for  the 
jjiin,,_f,,r  any  indenmity  for  the  wnmuH  eom- 
r, tti'i  on  thi'ir  comiiierre  hy  the  suhjects  of 
Ir.nvlKfure  im)  }' 

1 ,1  ihi.s  (luistioii  there  wa'(  nn  answer,  which, 
tluT  HiitiHlhctory  or  not,  had  nt  leant  the 
Imit  iif  I'lii'lf  I*  very  short  one.     It  was,  that. 
,  a  tnntv  lietMeeii    FruiK'e   and    the    I'nited 
iSitiK,  lniii'i''>r  •'"'"   t'"'   '""''   "'"  Scptemher, 
'«i().  ina  |iolit'i'ftl  capacity,  the  jrovernnient  of 
Iji,.  i'liiteil  ."States  dineharued  and  released  the 
iniimnt  of  France  from  this  indemnity.     It 
Imii!  iiixiii  the  jrrounil,  which  was  sustainwl  hy 
till' oirri'spoiidencu  which  had  precede*!  the 
iitv  iif  If^'"',  that   the  disjnites  arising  hc- 
iuiii  the  two  countries  should  Ix)  settled  i)y  a 
:.,tl;itiim.    And  claims  and  pretensions  hav- 
."  Ihih  asserted  on  either  side,  commissioners 
I  the  I'ttrt  of  the  Uniti'd  States  were  sent  out 
;i<*irt  and  maintain  the  claims  of  indemnity 
liK'h  they  demanded  j  while  commissioners  ap- 
iiitcil  on  the  part  of  France  asserted  a  claim 
t'.icfiiU  extent  of  the  stipulations  made  in  '78, 
liiih  they  said  the  United  States  had  promised 
fidlil,  "inil  in  order  to  carry  mto  eil'ect  the 
a:y  ot  al'ia'i'e  of  the  same  date,  viz. :  Feb- 
iirv,  1778. 

the  ne;:otiation  ultimately  terminated,  and  a 
ty  wac  linally  ratified  upon  the  terms  and 
rolitions  of  an  ollset  of  the  respective  claims 
inst  each  other,  and  for  ever ;  so  that  the 
itL'l  States  government,  by  the  surrender 
discharge  of  these  claims  of  its  citizens,  had 
le  this  surrender  to  the  French  government 
obtain  for  it.self  a  discharge  from  the  onerous 
ilities  imposed  upon  them  by  the  treaty  of 
iS,  and  in  order  to  escape  from  fulfilling  other 
iiilations  proclaimed  in  the  treaty  of  com- 
irce  of  that  year,  and  which,  if  not  fulfilled, 
;lit  have  brought  about  a  war  with  iVance. 
s  was  the  ground  en  which  these  claims 
;ed, 

llerctoforc,  when  the  subject  had  been  before 

ijiress,  gentlemen  had  taken  this  view  of  the 

and  ho  believed  there  was  a  report  pre- 

Ited  to  the  Senate  at  the  time,  which  set  forth 

the  claims  of  our  citizens,  being  left  open. 

United  States  had  done  these  claimants  no 

iry.  and  that  it  did  not  exempt  the  govorn- 

t  of  France  from  liability." 

■r.  Wright,  of  New- York,  spoke  fblly  against 
1  hill,  and  upon  a  close  view  of  all  tho  facts 
pe  case  and  all  the  law  of  tho  case  as  grow- 
put  01  treaties  or  found  in  the  la^v  of  nations. 
speech  was  no*,  only  a  njaste;  ly  argument 


but  an  histDrli-al  monument,  voUv^  hurk  to  the 
firtt  tnafy  with  Franci'  in  ITTf,  and  coming 
down  ihrmifrh  our  lepisl.-itluu  and  ili|>!i>niary  on 
Fn'ii"  h  (|iusti"iii»  fc(  the  lime  of  its  delivery,  ;* 
separate  rhapter  i.H  iliio  to  tliis  great  ("ixeeh  ; 
and  it  will  \<v  given  entin'  in  the  next  one. 


Cil  .\  I'TKU  C.W  I  n. 

rilKNfll  slM>I,l.\T|i>NS  ;    SI'Kirit  or  Ml:.  WUICIIT, 
UK  .\K,W-Vt)l!K, 

"  Mr,  Wright  understCv  d  tho  friends  of  this 
bill  to  put  its  merits  upon  the  sini;le  and  distinct 
ground  that  the  government  of  the  liiitetl  Staten 
hail  relea.-<i<l  France  from  tli"  nut  <  f  the 

claims  for  a  coiisi<lenitii)  a  'y  to 

the  heiiellt  of  our  goven    i  dlv  ei|iial 

in  value  to  the  claims  the'       >  .   r.  W,  said 

he  .should  argtio  the  ,'^everal  qin.-tii  n-.  presented, 
upon  the  supposition  that  this  was  the  extent 
to  whi(;h  tho  friends  of  the  bill  hiid  gone,  or 
Were  disposeil  to  go,  in  claiming  a  liability  on 
the  part  of  tlio  United  States  to  pay  the  claim- 
ants ;  and,  thus  understood,  he  was  ready  to 
proceed  to  an  examination  of  the  strength  of  this 
position. 

"  His  first  duty,  then,  was  to  examine  the  re- 
lations existing  between  France  and  the  United 
States  prior  to  tho  commencement  of  the  dis- 
turbances out  of  which  these  claims  have  arisen; 
and  the  discharge  of  this  duty  would  compeJ  a 
dry  and  uninteresting  reference  to  the  several 
treaties  which,  at  that  period,  governed  those 
relation.s. 

"  The  seventeenth  article  of  the  treaty  of  am- 
ity and  commerce  of  tho  tith  Fel)ruary,  1778, 
was  tho  first  of  these  references,  and  that  article 
was  in  the  following  words : 

"  ^  Art.  17.  It  shall  bo  lawful  for  the  ships  of 
war  of  either  party,  and  privateer.s,  freely  to 
carry  whithersoever  they  plea.se  the  ships  and 
goods  taken  from  their  enemies,  without  being 
obliged  to  pay  any  duty  to  tho  oflicers  of  tho 
admiralty  or  any  other  judges;  nor  shall  such 
prizes  bo  arrested  or  seized  when  they  como  to 
or  enter  tho  ports  of  either  party ;  nor  shall  tho 
searchers  or  other  officers  of  those  places  search 
tho  same,  or  make  examination  concerning  tho 
lawfulness  of  such  prizes  ;  but  they  may  hoist 
sail  at  any  time  and  depart  and  carry  their 
prizes  to  the  places  expressed  in  their  commi.s- 
sions,  which  the  commanders  of  such  ships  of 
war  shall  be  obliged  to  show ;  on  the  contrary, 
no  shelter  or  refuge  shall  be  given  in  their  ports 
to  such  as  shall  have  made  prize  of  tho  .subject.*, 
people,  or  property  of  either  of  the  p,arties;  but 
if  such  shall  come  in.  being  forced  by  stress  of 


490 


THIRTY  YEARS'  VIEW 


':       I 


woatlier.  or  tlie  danptT  of  the  sea,  all  proper 
means  sliull  be  vifiorously  used,  that  they  j;o 
out  and  retire  from  thence  as  Koon  as  posaible.' 

"  This  article,  ?.lr,  W.  said,  would  l>e  found  to 
be  one  of  the  most  material  of  all  the  stipula- 
tions hctween  the  two  nations,  in  an  examina- 
tion of  the  diplomatic  correspondence  during 
the  whole  period  of  the  disturbances,  from  the 
bi-eak  nnj  out  of  the  war  between  France  and 
Kngiaud.  in  17'J.'!,  until  the  treaty  of  the  30th 
September,  1800.  The  privilepes  claimed  by 
France,  and  the  exclusions  she  insisted  on  as 
applicable  to  the  other  belligerent  Powers,  were 
fruitful  sources  of  complaint  on  both  sides,  and 
constituted  many  material  points  of  disagree- 
ment Ijetwcen  the  two  nations  through  this  en- 
tire intt'fval.  What  these  claims  were  on  the 
part  of  France,  and  how  far  they  were  admitted 
by  the  United  States,  and  how  far  coiitrovertcd, 
will,  Mr.  ^V.  said,  be  more  properly  considered 
in  another  j)art  of  the  argument.  As  connected, 
liowever,  wilh  tliis  brancli  of  the  relations,  he 
thought  it  necessary  to  refer  to  the  twenty- 
second  article  of  the  same  treaty,  which  was  in 
the  following  words : 

" '  Art.  22.  It  shall  not  be  lawful  for  any  for- 
eign privateers,  not  belonging  to  subjects  of  the 
Most  Christian  King,  nor  citizens  of  the  said 
United  States,  wlio  have  commissions  from  any 
other  prince  or  State  in  enmity  with  either  na- 
tion, to  fit  their  ships  m  the  ports  of  either  the 
one  or  the  other  of  the  aforesaid  parties,  to  sell 
what  they  have  taken,  or  in  any  other  manner 
whatsoever  to  exchange  their  ships,  merchan- 
dises, or  any  other  lauing;  neither  shall  they  be 
allowed  even  to  purchase  victuals,  except  such 
as  shall  be  necessary  for  their  going  to  the  next 
port  of  that  prince  or  State  from  which  they 
have  commissions.' 

"  Mr.  ^V.  said  he  now  passed  to  a  diflcrent 
branch  of  the  relations  between  the  two  coun- 
tries, as  established  by  this  treaty  of  amity  and 
commerce,  which  was  the  reciprocal  right  of 
cither  to  carry  on  a  free  trade  with  the  enemies 
of  the  other,  restricted  only  by  the  stipulations 
of  the  same  treaty  in  relation  to  articles  to  be 
considered  contraband  of  war.  This  reciprocal 
right  is  defined  in  the  twenty-third  article  of  the 
treat}',  which  is  in  the  words  following; 

" '  Art.  23.  It  shall  Lo  lawful  for  all  and  singu- 
lar the  subjects  of  the  Most  Christian  King,  and 
the  citizens,  people,  and  inhabitants  of  the  said 
United  States,  to  sail  Avith  their  ships  with  all 
manner  of  liberty  and  security,  no  distinction 
being  made  who  are  the  proprietors  of  the  mer- 
chandises laden  thereon,  from  any  port  to  the 
places  of  those  who  now  are  or  hereafter  shall 
be  at  enmity  with  the  Most  Christian  King,  or 
the  United  States.  It  shall  likewise  be  lawful 
for  the  subjects  and  inhabitants  aforesaid  to  sail 
with  the  ships  and  merchandises  aforementioned, 
and  to  trade  with  the  same  liberty  and  security 
from  the  places,  ports,  and  havens  of  those  who 
are  enemies  of  both  or  either  party,  without  any 
opposition  or  disturbance  whatsoever,  not  only 


directly  from  the  places  of  the  enemy  aforinit^ 
tioncd  to  neutral  places,  but  also  from  one  hlaij, 
belonging  to  an  enemy  to  another  place  Ih1o„,, 
ing  to  an  enemy,  whether  they  be  under  []',  I 
jurisdiction  of  the  same  i)rince,  or  under  ftTcn 
And  it  Ls  hereby  stipulated  that  free  ships  sha  i 
also  give  a  freedom  to  goods,  and  that  cvm  I 
thing  shall  be  deemed  to  be  free  and  exiiupt 
which  shall  be  found  on  board  the  ships  kloi,!.. 
ing  to  the  subjects  of  either  of  the  confederates  '^'. 
though  the  whole  lading,  or  any  part  thtridf 
should  appertain  to  the  enemies  of  eitiior  om. 
traband  goods  being  always  excepted.    It  isa!^)  I 
agreed,  in  like  manner,  that  the  same  lilwtvU 
extended  to  persons  who  are  on  board  a  fi\<  I 
ship,  with  this  effect,  that  although  they  bccr.e  I 
mies  to  both  or  either  party,  they  arc  not  to  [^  I 
taken  out  of  that  free  ship,  unless  they  aresoldiTOl 
and  in  actual  service  of  the  enemies.'  I 

"The  restrictions  as  to  articles  to  be  held  be.  I 
tween  the  two  nations  as  contraband  ofvrirf 
Mr.  W.  said,  were  to  be  found  in  the  twcntTlf 
fourth  article  of  this  same  treaty  of  ainitjaniil 
commerce,  and  were  as  follows : 

"'/4r/.  24.  This  liberty  of  navigation  anjl 
commerce  shall  extend  to  all  kinds  of  merclian.! 
discs,  excepting  those  only  which  are  distinguiskj 
ed  by  the  name  of  contraband,  and  under  tfel 
name  of  contraband,  or  prohibited  goods  shalll 
Ikj  comprehended  arms,  great  guns,  bombs,  iiiij| 
fuses  and  other  things  belonging  to  thciii  oA 
non  ball,  gunpowder,  match,  pikes,  swords,  bl 
ces,  spears,  halberds,  mortars,  pctaixls,  grenidf^l 
saltpetre,  muskets,  musket  ball,  helmets,  breadl 
plates,  coats  of  mail,  and  the  like  kinds  of  amil 
proper  for  arming  soldiers,  musket  rests,  beli^l 
horses  with  their  furniture,  and  all  other  mjt 
like  instruments  whatever.  These  merchanil 
scs  which  follow  shall  not  be- reckoned  anioi«| 
contraband  or  prohibited  goods;  that  istoajl 
all  sorts  of  cloths,  and  all  other  manufactun 
woven  of  any  wool,  flax,  silk,  cotton,  or  any  otk 
material  whatever;  all  kinds  of  wearing  appan 
together  with  the  species  whereof  they  mwd 
to  be  made ;  gold  and  silver,  as  well  coined  i 
uncoined :  tin,  iron,  latten,  copper,  brass, 
as  also  wheat  and  barley,  and  any  other  kiM 
corn  and  pulse :  tobacco,  and  Ukewise  nil  i 
ner  of  spices;  salted  and  smoked  llesh,sall(( 
fish,  cheese,  and  butter,  beer,  oils,  wines,  sugu 
and  all  sorts  of  salts  ;  and,  in  general,  all  proii 
ions  which  servo  for  the  nourishment  of  i 
kind,  and  the  sustenance  of  life ;  fUrtlicnnoii 
all  kinds  of  cotton,  hemp,  flax,  tar,  pitch,  rop 
cables,  sails,  sail  cloths,  anchors,  and  anv| 
of  anchors,  also  ships'  masts,  planks,  boards,  i 
beams,  of  what  trees  soever;  and  all  other  thii 
proper  cither  for  building  or  repairing  ships, s 
all  other  goods  whatever  which  have  nut  1 
worked  into  the  form  of  any  instrument  or  tl 
prepared  for  war  by  land  or  by  sea,  shall  n(<lj 
reputed  contraband,  much  less  such  as  havetx 
already  wrought  and  made  up  for  any  other  ■ 
all  which  shall  bo  wholly  reckoned  among  & 
goods  i  as  likewise  all  other  merchandisis  i 


'? 


ANXO  1835.     ANDREW  JAClCriON',  PllIiSIDKNT. 


491 


58  of  the  enemy  afortin*> 
;8,  but  ulso  from  one  \ik.^ 
r  to  another  plnce  Ik'Ioh,'. 
ether  they  be  iindtr  \]., 
ne  prince,  or  umkr  fevcn,. 
ilated  that  free  ships  slir,;i 
to  poods,  and  tiiat  cvm  1 
d  to  be  free  and  exinipt 
on  board  the  ships  kloi,;. 
ithcr  of  the  confederatc?,a\ 
ding,  or  any  piirt  thereof 
the  enemies  of  eitlicr,  cmi. 
ilways  excepted.    It  is  a'.«  I 
!r,  that  the  same  lil)erly !« 
i  who  arc  on  board  a  (^^ 
that  although  they  be  ere  I 
ir  party,  they  arc  not  to  l«  I 
ship,unle8s  they  aresoUkrs  I 
of  the  enemies.' 
as  to  articles  to  be  heldt)«.| 
nns  as  contraband  ofwul 

0  be  found  in  the  twenty- 1 
is  same  treaty  of  amity  and  I 

a.s  follows :  I 

liberty  of  navigation  aivll 
;nd  to  all  kinds  of  merchan-l 
ic  only  which  are  distinguisl-l 
contraband,  and  under  tfel 
i,  or  proh'bited  poods,  sWl 
rms,  great  guns,  bombs,  wiikl 
ings  belonging  to  then,  ca-l 
er,  match,  pikes,  swords,  kj.l 
s,  mortars,  pctai-ds,  prcnadeil 
musket  ball,  helmets,  bretit.! 

1  and  the  like  kinds  of  arasl 
soldiers,  musket  rests,  belts! 
urniturc,  and  all  other  \wl 
whatever.  These  merchaiiil 
shall  not  bo- reckoned  imntM 
libited  goods ;  that  is  to  sijj 

and  all  other  manufacture 
flax,  silk,  cotton,  or  any  otk 
;  all  kinds  of  wearing  appart 
species  whereof  they  artd 
and  silver,  as  well  coined  i 
n,latten,  copper,  brass,  cojli 
barley,  and  any  other  kindd 
»bacco,'and  likewise  allnai 
ted  and  smoked  flesh,  sal* 
utter,  beer,  oils,  wines,  sugsi 
ts ;  and,  in  general,  all  proii 
for  the  nourishment  of  na 
itenance  of  life  -,  fUrtlitniKi 
J,  hemp,  flax,  tar,  pitch,  roj 
jloths,  anchors,  and  anyp 
dps'  masts,  planks,  boards,a 
;es  soever ;  and  all  other  tliiif 
building  or  repairing  shipin 
rhatcver  which  have  not  V 
ormof  any  instrument  or  tl 
by  landorby  sea,  shall  noiy 
[jd,  much  less  such  as  haveW 
and  made  up  for  any  othcn 
0  wholly  reckoned  among  n 
sc  all  other  merchandises  f 


,i,;njs  which  arc  not  comprehended  and  particu- 1 
l,rlv  mentioned  in  the  fon-poing  enumeration  of 
„ntraband  poods,  so  that  they  may  be  tnins- 
!ri(il  ami  carried  in  the  freest  manner  by  the 
'  ihii'Cts  of  both  confediratcs,  even  to  the  places 
I.  ioninni:  to  an  enemy,  such  towns  or  places  bc- 
;,,,  „n!v  I'xccptetl  as  arc  at  that  time  besieged, 
p'^kcd  up,  or  inve8t<?d.' 

•  Mr.  W.  said  this  closed  his  references  to  this 
Iffaiv,  with  the  remark,  Avhich  he  wished  carc- 
fillv  borne  in  mind,  that  the  accepted  public  law 
Lva?  greatly  departed  from  in  this  last  article. 
Prnvisions.'in  their  broadest  sense,  materials  for 
thips.  ripcintj  for  ships,  and  indeed  almost  all  the 
iriiclcs  of  trade  mentioi.ed  in  the  long  exception 
in  the  article  of  the  treaty,  were  articles  contra- 
band of  war  by  the  law  of  nations.    This  article, 
therefore,  i)laced  our  commerce  with  France  upon 
tootin"  widely  different,  in  ca.se  of  a  war  between 
Yana'  and  any  thii"d  power,  from  the  rules  which 
rmild  reptdate  that  commerce  with  the  other 
li<rerent,  with  whom  we  might  not  have  a 
iniilar  commercial  treaty.    Such  was  its  effect  as 
omparcd  with  our  relations  with  England,  with 
rhk'h  jiowcr  we  had  no  commercial  treaty  what- 
ir,  but  depended  upon  the  law  of  nations  as 
ir  forameicia!  rule  and  standard  of  intercourse, 
.Mr.  W.  said  he  now  passed  to  the  treaty  of 
lliancc  between  France  and  the  United  States, 
the  same  date  with  the  treaty  of  amity  and 
imraerce  before  referred  to,  and  his  first  re- 
;nce  was  to  the  11th  article  of  this  latter 
jaty.    It  was  in  the  following  v\ ."ds : 

Art.  11.  The  two  parties  guarantu^mutual- 

from  the  present  time,  and  for  ever,  against 

other  powers,  to  wit :  The  United  States  to 

Most  Christian  Majesty  the  present  posses- 

)ns  of  the  Crown  of  France  in  America,  as  well 

those  which  it  may  acquire  by  the  future  trea- 

cf  peace :  And  His  Most  Christian  Majesty 

irantees  on  his  part  to  the  United  States,  their 

!rtv,  sovereignty,  and  independence,  absolute 

unlimited,  as  well  in  matters  of  government 

[commerce,  and  also  their  pos.sessions,  and  the 

litions  or  conquests  that  their  confederation 

\y  obtain  during  the  war,  from  any  of  the  do- 

[iiions  now  or  heretofore  possessed  by  Great 

[tain  in  North  America,  conformable  to  th& 

and  sixth  articles  above  written,  the  whole 

Ik'ir  possessions  shall  be  fixed  and  assured  to 

said  States  at  the  moment  of  the  cessation 

Ihoir  present  war  with  England.' 

rriiis  article,  Mr.  AV.  said,  was  the  most  im- 

jtant  reference  he  had  made,  or  could  make, 

as  the  claims  provided  for  by  this  bill 

concerned,  because    ho  understood    the 

kds  of  the  bill  to  derive  the  principal  consid- 

non  to  the  United  States,  which  created  their 

|lity  to  pay  the  claims,  from  the  guaranty 

he  part  of  the  United  States  contained  in  it. 

Senate  would  see  that  the  article  was  a 

ual  and  reciprocal  guaranty,  1st.  On  the  part 

he  United  States  to  France,  of  her  posses- 

I  in  America;  and  2d.  On  the  part  of  France 

he  United  States,  of  their  'liberty,  eove- 


reignty,and  indcpend«nco. absolute  and  unlimit- 
ed, as  well  in  matters  of  povcrnment  a.s  com- 
merce, andal.«o  their  jn^sscsriions,'  He;  and  tii.'il 
the  respective  guarantees  were  '  for  ever.'  it 
would  by-and-by  apjwar  in  what  manner  thi.s 
guaranty  on  the  jmrt  of  our  povcnimcnt  w.-in 
claimed  to  be  the  foundation  for  tliis  iR-cuniary 
rc.spon8ibility  for  millions,  but  ut  present  ho 
miist  complete  bis  references  to  the  treaties 
which  formed  the  law  ln'tween  tiie  two  nations 
and  the  ndo  of  their  relations  to  and  with  each 
other.  lie  had  but  one  more  article  to  read,  and 
that  was  important  only  as  it  went  to  detine  tho 
one  last  cited.  This  was  tho  12th  article  of  the 
treaty  of  alliance,  and  was  as  follows: 

'• '  Art.  12.  In  order  to  fix  more  precisely  tho 
sense  and  application  of  the  preceding  article, 
tho  contracting  parties  declare  that,  in  ca.se  of  a 
rupture  between  France  and  England,  tho  re- 
ciprocal guaranty  declared  in  the  said  article 
shall  have  its  full  force  and  effect  the  moment 
such  war  shall  break  out;  and  if  such  rupture 
shall  not  take  place,  tho  mutual  obligations  of  tho 
said  guaranty  shall  not  commcnco  until  the  mo- 
ment of  the  cessation  of  the  present  war  between 
the  United  States  and  England  shall  have  ascer- 
tained their  possessions.' 

"  These,  said  Mr.  W.,  are  the  treaty  stipula- 
tions between  France  and  the  United  States,  ex- 
isting at  the  time  of  the  commencement  of  the 
disturbances  between  tho  two  countries,  which 
gave  rise  to  the  claims  now  tho  subject  of  con- 
sideration, and  which  seem  to  bear  most  mate- 
rially upon  the  points  in  issue.  There  were  other 
provisions  in  the  treaties  between  the  two  gov- 
ernments more  or  less  appliciiblc  to  the  present 
discussion,  but,  in  the  course  he  had  marked  out 
for  himself,  a  reference  to  them  was  not  indis- 
pensable, and  he  was  not  disposed  to  occupy  tho 
time  or  weary  tho  patience  of  the  Senate  with 
more  of  these  dry  documentary  quotations  than 
he  found  absolutely  essenti?il  to  a  full  and  clear 
understanding  of  the  points  ho  proposed  to  ex- 
amine. 

"  Mr.  W.  said  he  was  now  ready  to  present 
tho  origin  of  the  claims  which  formed  the  sub- 
ject of  the  bill.  The  war  between  France  and 
England  broke  out,  according  to  his  recollection, 
late  in  the  year  1792,  or  early  in  the  year  1793, 
and  the  United  States  resolved  upon  preserving 
tho  same  neutral  position  between  those  belli- 
gerents, which  they  had  assumed  at  the  com 
mcncemcnt  of  the  war  between  France  and  cer 
tain  other  European  powers.  This  neutrality 
on  tho  part  of  the  United  States  seemed  to  be 
acceptable  to  the  then  French  Republic,  and  her 
minister  in  the  United  States  and  her  diplomatic 
agents  at  home  were  free  and  distinct  in  their 
expressions  to  this  effect. 

'•  Still  that  Republic  made  broad  claims  under 
the  17th  article  of  the  treaty  of  amity  and  oom- 
merco  before  ouoted,  and  her  minister  here  as- 
suined  the  right  to  purchase  ships,  arm  them  as 
privateers  in  our  ports,  commission  officers  foi 
them,  enlist   our  own  citizens  to  man  them 


•'   -  I, 


492 


THIRTY  YEARS'  VIEW, 


and,  thus  prepared,  to  send  them  fi'om  our  ports 
to  cruise  nRainst  Enplifh  vcBsels  up)n  our  const. 
Many  prizes  were  made,  which  were  hrouglit 
info  our  ports,  submitted  to  the  admiralty  juris- 
diction conferred  by  tlic  French  Uepublic  upon 
her  consuls  in  the  United  States,  condemned, 
and  the  captured  vessels  and  cargoes  exposed  for 
sale  in  our  markets.  These  practices  were  im- 
mediately and  earnestly  complained  of  by  the 
British  government  as  violations  of  the  neutral- 
ity which  our  government  had  declared,  and 
which  we  assumed  to  maintain  in  regard  to  all 
the  belligerents,  as  favors  granted  to  one  of  the 
belligerents,  not  dcmandable  of  right  under  our 
treaties  with  France,  and  as  wholly  inconsistent, 
according  to  the  rules  of  international  law,  with 
our  continuance  as  a  neutral  power.  Our  gov- 
ernment so  far  yielded  to  these  complaints  as  to 
prohibit  the  French  from  fitting  out,  arming, 
equipping,  or  commissioning  privateers  in  our 
ports,  and  from  enlisting  our  citizens  to  bear 
arms  umier  the  French  flag. 

"  This  decision  of  tlie  right"  of  France,  under 
the  treaty  of  amity  and  coi;imcrcc,  produced 
warm  remonstrances  from  her  minister  in  the  Uni- 
ted States,  but  was  finally  osten^nbly  acquiesced 
in  by  the  Republic,  although  constant  complaints 
of  evasions  and  violations  of  the  rule  continued 
to  harass  our  government,  and  to  occupy  the  at- 
tention of  the  respective  diplomatists. 

"  The  exclusive  privilege  of  our  ports  for 
her  armed  vessels,  privateers,  and  their  prizes, 
granted  to  France  by  the  treaty  of  amity  and 
commerce,  as  has  before  been  seen,  excited  the 
jealousy  of  England,  and  she  was  not  slow  in 
sending  a  portion  of  her  vast  navy  to  line  our 
coast  and  block  up  our  ports  and  harbors.  The 
insolence'of  power  induced  some  of  her  armed 
vessels  to  enter  our  ports,  and  to  remain,  in 
violation  of  our  treaty  with  France,  though  not 
by  the  consent  of  our  government,  or  when  we 
had  the  power  to  enforce  the  treaty  by  their 
ejection.  These  incidents,  however,  did  not  fail 
to  form  the  subject  of  new  charges  from  the 
French  ministers,  of  bad  faith  on  our  part,  of 
partiality  to  England  lo  the  prejudice  of  our 
old  and  faithful  ally,  of  pemiitted  violations  of 
the  treaties,  and  of  an  inetficiency  and  want  of 
zeal  in  the  performance  of  our  duties  as  neutrals. 
To  give  point  to  these  complaints,  some  few  in- 
stances occurred  in  which  British  vessels  brought 
their  prizes  into  our  ports,  whether  in  all  cases 
under  those  casualties  of  stross  of  weather,  or 
tlie  dangers  of  the  sea.  which  rendered  the  act 
in  conformity  with  the  treaties  and  the  law  of 
nations  or  not,  is  not  perhaps  very  certain  or 
very  material,  inasmuch  as  the  spirit  of  complaint 
seems  to  have  taken  possession  of  the  French 
negotiators,  and  these  acts  gave  colorable  ground 
to  their  remonstrances. 

"  Contemporaneously  with  these  grounds  of 
misunderstiinding  and  'hese  collisions  of  inter- 
est between  the  belligCienta,  and  between  the 
interests  of  either  of  them  _nd  the  preservation 
«f  our  neutrality,  the  French  began  to  discover 


the  disadvantages  to  them,  and  the  great  hU%n-l 
tages  to  the  British,  of  the  dillerent  rules  whici  I 
governed  the  commerce  between  the  two  natioa*  I 
and  the  United  States.    The  rule  Wtwetn    I 
and    Franco    was    the    commercial   trtaiy  ^ 
which  the  articles  above  quoted  form  a  mrt^amil 
the  rule  between  us  and  Great  Britain.  wi<  thiil 
laid  down  by  the  law  tf  nations.    Mr,  W.  sj^^l 
he  would  detain  the  Senate  to  point  outbuttwil 
of  the  dilferences  between  these  rules  of  coo.| 
merce  and  intercourse,  because  upon  these  tiril 
principally  depended  the  difficulties  which  fol]o».| 
ed.    The  first  was,  that,  by  the  treaty  betw(t|| 
us  and  France,  'free  ships  shall  also  giveafre^l 
dom  to  the  goods ;   and  every  thin;;  ishaH  i»| 
deemed  to  be  free  and  exempt  which  shall  bcfoaajl 
on  board  the  ships  belonging  to  the  Biibjccts  cj 
either  of  the  confederates,  although  the  vrhAl 
lading,  or  any  part  thereof,  should  appertjij 
to  the  enemy  of  either,  contraband  goods  beiiB 
always  excepted ;'  while  the  law  of  nations  vh 
was  the  rule  between  us  and  England,  made  tit 
goods  of  an  enemy  a  lawful  prize,  thoHjrh  found  ii 
the  vessel  of  a  friend.     Hence  it  followed  tla 
French  property  on  board  of  an  American  rtss, 
was  subject  to  capture  by  British  cruisers  win 
out  indignity  to  our  flag',  or  a  violation  to  iaterJ 
national  law,  while  British  property  on  boani./ 
an  American  ves.sel  could  not  be  captured  bv j 
French  vessel  without  an  insult  to  the  hii 
the  United  States,  and  a  direct  violation  of  tl 
twenty-third  article  of  the  treaty  of  amitv  l 
commerce  between  us  and  France,  before  re«< 
red  to. 

"  Mr.  W.  said  the  second  instance  of  disadn 
tagu  to  France  which  he  proposed  to  mentki 
was  the   great  difference  between  the  artidi 
made  contraband  of  war  by  the  nventy-fom 
article  of  the  treaty  of  amity  and  commerce.  In 
fore  read  to  the  Senate,  and  by  the  law  of  i 
tions.     By  the  treaty,  provisions  of  all  1 
ship  timber,  ship  tackle  (guns  only  exeepto 
and  a  large  list  of  other  articles  of  trade  andra 
merce,  were  declared  not  to  be  contraband^ 
war,  while  the  same  articles  are  expressly  t 
contraband  by  the  law  of  nations.    Hence  i 
American  vessel,  clearing  for  a  French  portiiJ 
a  cargo  of  provisious  or  ship  stores,  was  l»i 
prize  to  a  British  cruiser,  as,  by  the  law  ofi 
tions,  carrying  articles  contraband  of  war  to  { 
enemy,  while  the  same  vessel,  clearing  fori 
British  port,  with  the  same  cai^,  could  nol{ 
captured  by  a  French  vessel,  because  the  tn 
declared  that  the  articles  composing  the  a 
should  not  be  contraband  as  between  the  Uoi 
States  and  France.    Mr.  W.  said  the 
would  see,  at  a  single  glance,  how  emint 
these  two  advantages  on  the  part  of  Great  Bij 
were  calculated  to  turn  our  commerce  to  I 
ports,  where,  if  the  treaty  between  usi 
France  was  observed,  our  vessels  could  go) 
perfect  safetj',  while,  laden  with  provisioair 
only  considerable  export,  and  destined  in 
French  port,  they  were  liable  to  captuci 
carrying  to  an  enemy  contraband  articles,  h 


ANNO  1835.    ANDREW  JACKSOX.  rRtXDKNT. 


403 


hem,  and  the  pre»t  nUui.  1 
f  the  (lilVeicnt  rulea  whicil 
X!  between  the  two  nation  I 
es.    Tlio  rule  ljetwnnaj| 
le    commercial   tixaty  <; 
ve  quoted  form  a  farl,  and  I 
nd  Great  Britain,  was  th»;l 
r  ^>f  nations.    Mr,  W.  vj/l 
senate  to  point  out  but  hi  I 
etween  these  ruWs  of  cum.  I 
;e,  because  upon  these  tvtl 
the  difficulties  which  fullow.I 
;hat,  by  the  treaty  hetw^l 
ships  shall  also  give  a  frtfl 
and  every  thing  shall  wl 
i  exempt  which  shall  be  foim|| 
wlonging  to  the  subje'cls  A 
derates,  although  the  vUM 
t  thereof,  should  appertial 
[icr,  contraband  goods  Uini 
rhile  the  law  of  nations,  whic 
m  us  and  England,  made  tin 
,  lawful  prize,  though  found  ii 
ind.     Hence  it  followed  lb 
I  board  of  an  American  tcss 
,ure  by  British  cruisers  win 
r  flag,  or  a  violation  to  inui 
I  British  property  on  boanjui 
jl  could  not  be  captured  by  j 
[lOUt  an  insult  to  the  flag  if 
and  a  direct  violation  of  i' 
ie  of  the  treaty  of  amity  i 
i  us  and  France,  before  re«t] 

le  second  instance  of  disad' 
lich  he  proposed  to  ment 
ifference  between  the  artii 
of  war  by  the  nventy-fo 
,y  of  amity  and  commerce. 
Senate,  and  by  the  law  of 
:eaty.  provisions  of  all  ki 
tackle  (guns  only  excepi 
other  articles  of  trade  and( 
ired  not  to  be  contraband 
ne  articles  are  expressly  w 
te  law  of  nations.    Hence 
slearing  for  a  French  port 
ous  or  ship  stores,  was  1»' 
cruiser,  as,  by  the  law  of 
tides  contraband  of  war  to 
same  vessel,  clearing  k 
the  same  cargo,  could  not' 
ench  vessel,  because  theti 
articles  composing  the  i 
traband  as  between  the  Li 
ice.    Mr.  W.  said  the  f 
single  glance,  how  emi^ 
iges  on  the  part  of  Great  Bi 
^0  turn  our  commerce  to 
the  treaty  between  as 
■rved,  our  vessels  could  p 
hile,  laden  with  provUioMi 
le  export,  and  destmed  fill 
ey  were  liable  to  captiati 
Lciny  contraband  articles,  l! 


their  return,  too,  they  wore  equally  out  of 
ainzer  from  French  cruisers,  as,  by  the  treaty, 
M  ships  made  frie  the  goods  on  board ;  while, 
'•  (ficy  cleared  irom  a  port  in  Franco  with  a 
frinch  cargo,  they  were  lawful  prize  to  the 
llintlsh,  tip"n  the  principle  of  the  law  of  nations. 
that  the  goods  of  an  enemy  are  lawful  prize, 
fvtn  when  found  in  the  vessel  of  a  friend. 
'     IJolh  nations  were  in  constant  and  urgent 
,nt  of  provisions  from  the  United  Stales ;  and 
hi?  lioiible  advantage  to  England  of  having  her 
)rt.s  open  and  free  to  our  vessels,  and  of  pos- 
jijn"  the  right  to  capture  those  bound  to 
rcncii  port^,  exa.<iperated  the  French  Republic 
vond  endurance.    Her  ministers  remonstrated 
i'th  our  government,  controverted  our  construc- 
011  of  British  rights,  again  renewed  the  accu- 
tons  of  partiality,  and  finally  threw  off  the 
ijii'ations  of  the  treaty ;  and,  by  a  solemn  de- 
w  of  their  authorities  at  home,  est.iblished  the 
lo  wliich  governed  the  practice  of  the  British 
li-ers.    France,  assuming  to  believe  that  the 
nited  States  pcrmittt' '  the  neutraUty  of  her 
<T  to  be  violated  by  the  British,  vithout  re- 
liance, declared  that  she  would  treat  the  flag 
all  neutral  vessels  as  that  flag  should  pennit 
■If  to  be  tivatcd  by  the  other  belligerents. 
.i.<  opened  our  commerce  to  the  almost  indis- 
Lainate  plunder  and  depredation  of  all  the 
vfcrs  at  war,  and  but  for  the  want  of  the  pro- 
ions  of  the  United  States,  which  was  too 
ongly  felt  both  in  England  and  France  not  to 
ivern,  in  a  great  degree,  the  policy  of  the  two 
itions,  it  would  seem  probable,  from  the  docu- 
ntaiy  history  of  the  period,  that  it  must  have 
;n  swept  from  the  ocean.    Impelled  by  this 
ml,  however,  the  British  adopted  the  rule,  at 
early  day,  that  the  provisions  captured,  al- 
ufih  in  a  strict  legal  sense  forfeited,  as  being 
the  law  of  nations  contraband,  should  not 
confiscated,  but  carried  into  English  ports, 
paid  for,  at  the  market  price  of  the  same 
ivisions,  at  the  port  of  their  destination.    The 
e  want  compelled  the  French,  when  they 
le  to  the  conclusion  to  lay  aside  the  obliga- 
ins  of  the  (  jaty,  and  to  govern  themselves, 
by  solemn  compacts  with  friendly  powers, 
by  the  standards  of  wrong  adopted  by  their 
imics,  to  adopt  also  the  same  rule,  and  instead 
lonfiscating  the  cargo  as  contraband  of  war,  if 
^visions,  to  decree  a  compensation    gradu- 
1  by  the  market  value  at  the  port  of  destina- 

fSuch,  said  Mr.  W.,  is  a  succinct  view  of  the 

lurbances  between  France  and  the  United 

|tcs,  and  between  France  and  Great  Britain, 

of  which  grew  what  are  now  called  the 

nch  claims  for  spoliations  upon  our  com- 

«,  prior  to  the  30th  of  September,  1800. 

ler  -iibjccts  of  difference  might  have  had  a 

fcote  iutlucnce ;  but,  Mr.  W.,  said,  he  believed 

|ould  be  admitted  by  all,  that  those  he  had 

icd  were  the  principal,  and  might  be  as- 

led  a.s  having  given  rise  to  the  commercial 

ptiaritics  in  which  the  claims  commenced. 


This  state  of  things,  without  material  change, 
continued  until  tlie  year  1  "'.'8,  when  on r  govern- 
ment adopted  a  course  of  measures  intendf*!  to 
susjicnd  our  intercourse  with  France,  until  .sho 
should  be  brought  to  resi>e(;t  onr  rigiits.  These 
mea.'^ures  were  persevere<i  in  by  tlie  United 
States,  up  to  SeptemWr,  1800.  and  wire  termi- 
nated by  the  treaty  between  the  two  nations  of 
the  30th  of  that  month.  Here,  too.  tenninated 
claims  which  now  occupy  the  attention  of  tnu 
Senate. 

"As  it  wa-s  the  object  of  the  claimants  to 
show  a  liability,  on  the  part  of  our  government, 
to  pay  their  claims,  and  the  bill  under  discussion 
assumed  that  liability,  and  provided,  in  part  at 
least,  for  the  payment,  Mr.  W.  said  it  became 
his  duty  to  inquire  what  the  government  ha<l 
done  to  obtain  indemnity  for  these  claimants 
from  France,  and  to  see  whether  negligence  on 
its  part  had  furnished  equitable  or  legal  ground 
for  the  institution  of  this  large  claim  upon  the 
national  treasury.  The  period  of  time  coveiv(l 
by  the  cluiins,  as  he  understood  the  subject,  was 
from  the  breaking  out  of  the  war  between 
France  and  England,  in  1793,  to  the  signing  of 
the  treaty  between  France  and  the  United  States, 
in  September,  1800;  and  he  would  consider  the 
efforts  the  government  had  made  to  obtain  in- 
demnity : 
•'  1st.  From  1793  to  1798. 
"  2d.  From  1798  to  the  treaty  of  the  30lh 
September,  1800. 

"  During  the  first  period,  Mr.  "W.  said,  these 
efforts  were  confined  to  negotiation,  and  he  felt 
safe  in  the  assertion  that,  during  no  equal  period 
in  the  history  of  our  government,  could  there 
be  found  such  untiring  and  unremitted  exertions 
to  obtain  justice  for  citizens  who  had  been  in- 
jured in  their  properties  by  the  unlawful  acts 
of  a  foreign  power.  Any  one  who  would  read 
the  mass  of  diplomatic  correspondence  between 
this  government  and  France,  from  1793  to  1798 
and  who  would  mark  the  frequent  and  extraor- 
dinary missions,  bearing  constantly  in  mind  that 
the  recovery  of  these  claims  was  the  only  ground 
upon  our  part  for  the  whole  negotiation,  would 
find  it  difficult  to  say  where  negligence  towards 
the  rights  and  interests  of  its  citizens  is  imputa- 
ble to  the  government  of  the  TJnited  States, 
during  this  period.  Ho  was  not  aware  that 
such  an  imputation  had  been  or  would  be  made ; 
but  sure  he  was  that  it  could  not  be  made  with 
justice,  or  sustained  by  the  facts  upon  the  re- 
cord. No  liability,  therefore,  equitaljlo  or  legal, 
had  been  incurred,  up  to  the  year  1798. 

"  And  if,  said  Mr.  W.,  negligence  is  not  im- 
putable, prior  to  1798,  and  no  liability  had  then 
been  incurred,  how  is  it  for  the  second  period, 
from  1798  to  1800  ?  The  efforts  of  the  former 
period  were  negotiation — constant,  earnest,  ex- 
traordinary negotiation.  What  were  they  for 
the  latter  period  ?  His  answer  was,  war;  actual, 
open  war ;  and  ho  believed  the  statute  book  of 
the  United  States  would  justify  him  in  the  posi- 
tion.   He  was  well  aware  that  tl.id  point  would 


P 

Si' 

J  I 


494 


THIRTY  YEAIW  VIEW. 


In-  ptreniioiiKly  controvcrtcfl,  booausc  the  friends 
(if  till'  hill  would  ndiiiit  that,  >*'  a  Ktato  of  war 
Ix'twocn  till!  two  countn'os  did  exist,  it  put  an 
ind  to  clainiH  existing  prior  to  the  war,  and  not 
jirovidi'd  for  in  the  treaty  of  j)eace,  as  well  as  to 
all  pretence  for  claims  to  indemnity  for  injuries 
to  our  commerce,  committed  by  our  enemy  in 
time  of  war.  Mr.  W.  said  ho  had  found  the  evi- 
dences so  numerous,  to  establish  his  position  that 
a  state  of  actual  war  did  exist,  that  he  had  been 
quite  at  a  loss  from  what  portion  of  the  tcsti- 
iriony  of  record  to  make  his  selections,  so  as  to 
establish  the  fact  beyond  reasonable  dispute,  and 
HI  the  same  time  not  to  weary  th«  Senate  by  te- 
dious references  to  laws  and  documents.  He 
had  finally  concluded  to  confine  himself  exclu- 
sively to  the  statute  l)Ook,  as  the  highest  possi- 
ble evidence,  as  in  his  judgment  entirely  con- 
clusive, and  as  being  susceptible  of  an  arrange- 
ment and  condensation  which  would  convey  to 
the  Senate  the  whole  material  evidence,  in  a 
satisfactory  manner,  and  in  less  compass  than 
Mie  proofs  to  be  drawn  from  any  other  source, 
lie  had,  therefore,  made  a  very  brief  abstract  of 
^  few  statutes,  which  he  would  read  in  his 
place : 

"By  an  act  of  the  28th  May,  1798,  Congress 
authorized  the  capture  of  all  armed  vessels  of 
France  which  had  committed  depredations  upon 
our  commerce,  or  which  should  be  found  hover- 
(ng  upon  our  coast  for  the  purpose  of  commit- 
ting such  depredations, 

"  By  an  act  of  the  13th  June,  1798,  only  six- 
teen days  after  the  passage  of  the  former  act, 
Congrt*s  prohibited  all  vessels  of  the  United 
States  f»om  visiting  any  of  the  ports  of  France 
or  her  dwpeadencies,  under  the  penalty  of  for- 
feiture of  vessel  and  cargo ;  required  every  ves- 
ficl  cleariwg  for  a  foreign  port  to  give  bonds  (the 
owner,  oi  fiictor  and  maater)  in  the  amount  of 
the  vessei  and  cargo,  and  good  sureties  in  half 
that  amount,  conditioned  that  the  vessel  to  which 
the  clearance  was  to  be  granted,  would  not,  vol- 
untarily, visit  any  port  of  France  or  her  depen- 
dencies; and  prohibited  all  vessels  of  France, 
armed  or  UMarmcd,  or  owned,  fitted,  hired,  or 
employed,  by  any  person  resident  within  the 
territory  of  the  French  Republic,  or  its  depen- 
dencies, or  sailing  or  coming  therefrom,  from  en- 
tering or  remaining  in  any  port  of  the  United 
States,  unless  permitted  by  the  President,  by 
special  passport,  to  be  granted  by  liim  in  each 
case. 

"By  an  act  of  the  25th  June,  1798,  only 
twelve  days  after  the  passage  of  the  last-men- 
tioned act,  Cojgress  authorized  the  merchant 
vessels  of  the  United  States  to  arm,  and  to  de- 
fend themselves  against  any  sear-'h,  restraint,  or 
seizure,  by  vessels  sailing  under  French  colors, 
to  repel  force  by  force  to  capture  any  French 
vessel  attempting  a  search,  restraint,  or  seizure, 
and  to  recapture  any  American  merchant  vessel 
which  had  been  captured  by  the  French. 

"Here,  Mr.  W  said,  he  felt  constrained  to 
make  a  remark  upon  the  character  of  these  seve- 


ral acts  of  ConpreoB,  and  to  call  the  nf'pnti.,n  yl 
the  Senate  to  their  peculiar  adaptntir;5  t^  r.  I 
measures  which  speedily  followed  in  future  v*| 
of  the  national  legislature.    The  first,  auth,  | 
izing  the  capture  of  French  armed  ve^nLs  «„! 
pcailiarly  calculated  to  put  in  martijil  frtuJi 
tion  all  the  navy  which  the  United  .States  tul 
possessed,  and  to  spread  it  upon  our  coast.  Jl  I 
second,  establishing  a  perfect  noi)-iiitirroiir*l 
with  France,  was  sure  to  call  homo  our  rr,(,.| 
chant  vessels  from  that  country  and  her  (lit«>l 
dencies,  to  confine  within  our  own  porfe  tly^B 
vessels  intended  for  commerce  with  Franco,  afrj 
thus  to  w  ithdraw  from  the  reach  of  the  Frrtrtl 
cruicers  a  large  portion  of  the  ships  and  mmi 
ty  of  our  citizens.    The  third,  authorizin'' ,;„ 
merchantmen  to  arm,  was  the  greatest  imluc, 
ment  the  government  could  give  to  its  citizs 
to  arm  our  whole  commercial  marine,  and  v 
sure  to  put  in  warlike  preparation  as  peat^ 
portion  of  our  merchant  vessels  as  a  desire  1, 
self-defence,  patriotism,  or  cupidity,  would  iml 
Could  measures  more  eminently  calculiit<Mi 
prepare  the  country  for  a  state  of  war  have  (.. 
devised  or  adopted  ?    Was  this  the  intention  j 
those  measures,  on  the  part  of  the  povermua 
and  was  that  intention  carried  out  into  acliwj 
Mr.  W.  said  he  would  let  the  subsequent  actsd 
the  Congress  of  the  United  States  answer; 
for  that  purpose,  ho  would  proceed  to  read  fro 
his  abstract  of  those  acts : 

"  By  an  act  of  the  28th  June,  1798,  three  ta 
after  the  passage  of  the  act  last  referred  til 
Congress  authorized  the  forfeiture  and  condsn 
nation  of  all  French  vessels  captured  in  piii? 
ance  of  the  acts  before  mentioned,  and  proviiie 
for  the  distribution  of  the  prize  money,  ani  tj 
the  confinement  and  support,  at  the  expense  d 
the  United  States,  of  prisoners"  taken  ia  the  a 
tured  vessels. 

"  By  an  act  of  the  7th  July,  1798,  nine  dijj 
after  the  passage  of  the  last-recited  act,  Conn 
declared  'that  the  United  States  are  drS 
freed  and  exonerated  from  the  stipulations  / 
the  treaties  and  of  the   consular  conventij 
heretofore  concluded  between  the  United  Sti 
and  France ;  and  that  the  same  shall  not  h™ 
forth  be  regarded  as  legally  obligatory  on  ( 
government  or  citizens  of  the  United  States.' 

"By  an  act  of  the  9th  July,  1798,  twodiij 
after  the  passage  of  the  act  declaring  void  ti 
treaties,  Congress  authorized  the  capture,  I 
the  public  armed  vessels  of  the  United  StJti^ 
of  all  armed  French  vessels,  whether  withiati 
.jurisdictional  limits  of  the  United  Statesorni 
the  high  seas,  their  condemnation  as  prizeivtliil 
sale,  and  the  distribution  of  the  prize  mo» 
empowered  the  President  to  grant  comrnkfia 
to  private  armed  vessels  to  make  the  samec 
tures,  and  with  the  same  rights  and  poweiiij 
public  armed  vessels ;  and  provided  for  the  i 
keeping  and  support  of  the  prisoners  taka^ 
the  expense  of  the  United  States. 

"  By  an  act  of  the  9th  February,  1709,  C 
gress  continued  the  non-intorcourse  bctvrceni 


AXNO  1936.     ANDREW  JACKSON,  IMII^IDENT. 


4f».T 


ind  to  call  tho  nt.'pnii.ffl  yl 
leculiar  adaptnti;^  to  (;A 
lily  followed  in  fiitui^  v-.,l 
laturo.  Tl.e  first.  mil'A 
French  armed  ve^HU.  tA 
to  put  in  innrtiai  pnj^irvl 
ch  the  United  States  t!,^| 
cad  it  ujion  our  coast.  Tt*! 
a  perfect  non-intcrroiirtl 
re  to  call  home  our  ir,(r.l 
^at  country  and  her  dn«.J 
ithin  our  own  porb  tii<,;,| 
commerce  with  Fraiw.>&|l 
)m  the  reach  of  the  FreiyJil 
ion  of  tho  fihips  and  proj«.| 
Tho  third,  authorizing;  r^g,! 
1,  was  the  greatofet  induci 
it  could  give  to  its  citizpi_ 
oinmcrcial  marine,  an-i  \tj 
like  preparation  as  grutil 
chant  vessels  as  a  (ksirc  c(| 
sm,  or  cupidity,  would  stilI 
are  eminently  calculated! 
ibr  a  state  of  war  have  b« 
'■  Was  this  the  intention « 
the  part  of  the  povemmaL 
,ion  carried  out  into  actioB| 
Id  let  the  subsequent  actsd 
!  United  States  answer;  ajj 
)  would  proceed  to  read  (re 
.0  acts : 
e  28th  June,  1798,  three  W 
of  the  act  last  referred  Ij 
d  the  forfeiture  and  condeu 
3h  vessels  captured  in  puisJ 
fore  mentioned,  and  proviil 
1  of  the  prize  money,  and  fjj 
d  Hupport,  at  the  expense  i 
of  prisonei*s'  taken  iu  the  aj 

he  7th  July,  1798,  nine  daji 
the  last-recited  act.  Con* 

United  States  are  of 
ed  from  the  stipulations'i 
of  the  consular  conventii 
;d  between  the  United  Sli 
hat  the  same  shall  not  hen 
as  legally  obligatory  on  I 
zens  of  the  United  States.' 
the9th  July,  1798,  two  dajj 
of  the  act  declaring  void  f 

authorized  the  capture, 
vessels  of  the  United  M 
•h  vessels,  whether  within  t 
t8  of  the  United  States ornji 
r  condemnation  as  prizes,  1 
ibution  of  the  prize  moD 
resident  to  grant  commisM 
i-essels  to  make  the  same  q 
je  same  rights  and  poweiU 
els ;  and  provided  for  the  i 
ort  of  the  prisoners  taliei^ 
0  United  States. 

the  9th  February,  1795,  ( 
le  non-intercourse  between! 


lit<^  '(tates  and  France  for  one  year,  from  the 
\i:,f.Ma>eh.  17W. 

Hv  an  not  <>f  the  2Hth  February,  1799,  Con- 
.-^j'nri'viili'd  for  an  exchange  of  prisoiuT«  with 
'  riMce.  <"■  rtutliorized  the  Presiileut,  at  hi.s  dis- 
riiwn!  t'>  Bend  to  the  dominions  of  France, 
Mithoiit  an  exchange,  such  prisioners  as  might 
ivnwin  in  tl.e  i)<)werof  the  United  States. 

liv  an  act  of  the  M  March,  1799.  Congress 

(liwtitl  tlie  Fresiilent,  in  case  any  citizens  of 

the  I'nited  Slates,  taken  on  boanl  vessels  be- 

lUjiiiir  to  any  of  the  powers  at  war  with  France, 

V  French  vessels,  should  bo  put  to  death,  cor- 

rallv  ]>iiniHiic(l,  or  unreasonably  imprisoned, 

retaliate  promptly  and  fully  upon  any  French 

[irisiiners  in  the  power  of  tho  United  States. 

By  an  <ict  of  tho  27th  February,  1800,  Con- 

58  apain  continued  the  non-intorcoursc  Im?- 

ffcon  us  and  France,  for  one  year,  from  the  3d 

'  March.  1800. 

•  Jlr.  W.  said  he  had  now  closed  the  refcr- 

nfs  ho  proposed  to  make  to  the  laws  of  Con- 

resi.  to  prove  that  war — actual  war — existed 

jtHcen  the  United  States  and  Franco,  from 

ulv  179*^!  ""t'l  *^**  W""  *'•"  terminated  by 

le't'i-caty  of  the  30th  of  September,  1800.    He 

1,  he  lioped,  before  shown  that  the  measures 

Congress,  up  to  the  pas.sago  of  tho  act  of  Con- 

■ss  of  the  25th  of  June,  1798,  and  including 

i  act,  were  appropriate  measures  preparatory 

a  state  of  war ;  and  he  had  now  shown  a  to- 

guspension  of  the  peaceable  relations  between 

le  two  governments,  by  the  declaration  of  Con- 

B  that  the  treaties  should  no  longer  be  con- 

ercd  binding  and  obligatory  upon  our  govern- 

nt  or  its  citizens.    What,  then,  but  war  could 

inferred  from  an  indiscriminate  direction  lo 

ir  public  armed  vessels,  put  in  a  state  of  pre- 

iration,  by  preparatory  acts,  to  capture  all 

'jied  French  vessels  upon  tho  high  seas,  and 

im  granting  commissions  to  our  whole  com- 

rcial  marine,  also  armed  by  the  operation  of 

ivious  acts  of  Congress,  authorizing    hem  to 

ke  the  same  captures,  with  rcgulatio.is  appli- 

le  to  both,  fur  the  condemnation  of  the  prizes, 

distribution  of  the  prize  money,  and  the  de- 

tion,  support,  and  exchange  of  the  prisoners 

en  in  the  captured  vessels  ?    Will  any  man, 

id  Mr.  W.,  call  this  a  state  of  peace  ? 

(Here  Mr.  Webster,  chairman  of  the  select 

iinittje  which  reported  the  bill,  answered, 

rtainly.'] 

Mr.  W.  pioceeded.     lie  said  he  was  not 

iply  read  in  tho  treatises  upon  national  law,  and 

tiiould  never  dispute  with  that  learned  gen- 

an  upon  the  technical  definitions  of  peace 

war,  as  given  in  tho  books :  but  his  appeal 

to  the  plain  sense  of  every  senator  and 

y  citizen  of  the  country.    Would  either  call 

state  of  things  which  he  had  described, 

whicn  he  had  shown  to  exist  from  the 

lest  of  all  evidence,  the  laws  of  Congress 

le,  peace  ?    It  was  a  state  of  open  and  un- 

ised  hostility,  of  force  opposed  to  force,  of 

upon  the  oc^'an,  as  for  as  our  government 


were  in  command  of  the  meatis  to  carrv  on  a 
maritime  war.  If  it  was  pc:ire.  he  shdiitd  lilvc 
to  lie  informed,  by  tin-  friends  of  the  bill,  what 
would  1h!  war.  This  w;is  violfuce  and  IiIoimI- 
shed,  the  power  of  the  one  nation  a;:ainst  the 
power  of  the  other,  n'ciprocally  e.xliiliited  by 
physical  force. 

"Couple  with  this  th(^  wilhdmwal  by  Franco 
of  her  minister  from  this  povernimnt,  ami  her 
refusal  to  receive  the  American  cnmniis>i()n,  con- 
sisting of  Messrs.  Marshall,  l*inckney,and  <  ierry, 
and  the  conseq\icnt  .suspension  of  ncfroiiations 
between  the  two  govorninents,  during  tlio  period 
referred  to;  and  Mr.  W.  said,  if  the  facts  and 
the  national  records  did  not  show  a  state  of  war, 
he  was  at  a  lo,ss  to  know  what  state  of  things 
between  nations  should  l)e  called  war. 

"  If,  however,  the  Senate  should  think  him 
wrong  in  this  conclusion,  and  tint  tho  claims 
were  not  utterly  barred  by  war,  he  tnisted  thu 
facts  disclosed  in  this  part  of  his  argument  would 
be  considered  sufficient  at  least  to  protect  the 
faith  of  the  government  in  tho  discharge  of  its 
whole  duty  to  its  citizens  ;  and  that  after  it  had 
carried  on  these  two  years  of  war,  or,  if  not  war, 
of  actual  force  and  actual  fighting,  in  which  the 
blood  of  its  citizens  had  been  shed,  and  their  lives 
sacrificed  to  an  unknown  extent,  for  the  single  and 
sole  purpose  of  enforcing  these  claims  of  indi- 
viduals, the  imputation  of  negligence,  and  hence 
of  liability  to  pay  the  claims,  would  not  be  urged 
as  growing  out  of  this  portion  of  the  conduct  of 
the  government. 

"  Mr.  W.  said  he  now  came  to  consider  the 
treaty  of  the  30th  September,  18U0,  and  the  rea- 
sons which  appeared  plainly  to  his  mind  to  have 
induced  the  American  negotiators  to  place  that 
negotiation  upon  the  basis,  not  of  an  existing 
war,  but  of  a  continued  peace.  That  such  was 
assumed  to  be  the  basis  of  the  negotiation,  he 
believed  to  be  true,  and  this  fact,  and  this  fact 
only,  so  far  as  ho  had  heard  ^he  arguments  of 
the  friends  of  the  bill,  was  depended  upon  to 
prove  that  there  had  been  no  war.  He  had  at- 
tempted to  show  that  war  in  fact  had  existed, 
and  been  carried  on  for  two  years ;  and  if  ho 
could  now  show  that  the  inducement,  on  the 
part  of  the  American  ministers,  to  place  the  ne- 
gotiation which  was  to  put  an  end  to  the  existing 
hostilities  uj)on  a  peace  ba.«is,  arose  fiom  no 
considerations  of  a  national  or  political  charac- 
ter, and  from  no  ideas  of  consistency  with  the 
existing  state  of  facts,  but  solely  from  a  desire 
still  to  save,  as  far  as  might  be  in  their  power, 
tho  interests  of  these  claimants,  he  should  sub- 
mit with  great  confidence  that  it  did  not  lay  in 
the  mouths  of  the  same  claimants  to  turn  round 
and  claim  thio  implied  admission  of  an  absence 
of  war,  thus  made  by  the  agents  of  the  govern- 
ment out  of  kindness  to  them,  and  an  excess  of 
regard  for  their  interests,  as  the  basis  of  a  li- 
ability to  pay  the  damages  which  they  had 
sustained,  and  which  this  diplomatic  untruth, 
like  all  the  previous  steps  of  the  government, 
failed  to  recover  for  them.     What,  then,  Mr. 


49G 


TIIIUTV  YKARS'  VIEW. 


'  At:-' 


Prffsidcnt,  said  Mr.  "VV.,  was  tlie  snlycct  on  our 
part,  of  the  ('i)iistaiit  and  luborioiiH  nc^rotiationN 
carrit'd  on  iM-twccn  tho  two  covfninii'iilH  from 
I7'J3  to  17!i.S  I  Thu  claims.  What,  on  our  part, 
TTaH  the  olijcct  of  the  (lislnr))anci-H  from  170M  to 
1H(J0 — of  the  non-inttTcourHo — of  tiie  K-n(hn); 
into  wrvice  our  navy,  and  arming  our  merchant 
TC'ssels — of  our  ruiaing  troops  an<l  providinjr 
armies  on  the  land— jf  the  expenditure  of  the 
inillionn  taken  from  the  treasury  and  added  to 
our  public  <libt.  to  equip  and  sustain  these  fleets 
and  armies  ?  The  claims.  Why  were  our  ci- 
tizens sent  to  capture  the  French,  to  spill  their 
blood,  and  lay  down  their  lives  npon  the  hijjh 
seas  ?  To  recover  the  claims.  These  were  the 
whole  matter.  ^Ve  liad  no  other  dcmatid  upon 
Franco,  and.  upon  our  part,  no  otlier  cause  of 
ditfercncc  with  her. 

"  What  jiiiblic,  or  national,  or  political  object 
had  we  in  the  ne<:otiation  of  1800,  which  led  to 
the  treaty  of  the  iiOth  September  of  that  year  ? 
None,  but  to  put  an  end  to  the  e.xistinp  liostili- 
tics,  and  to  restore  relations  of  peace  and  friend- 
ship. These  could  have  been  as  well  secured  by 
negotiating  upon  a  war  as  a  peace  basis.  Indeed, 
aR  there  were  in  our  former  treaties  stipulations 
which  we  did  not  want  to  revivci,  a  negotiation 
upon  the  basis  of  existing  war  was  preferable, 
80  far  as  the  interests  of  the  government  were 
concerned,  because  that  would  put  all  questions, 
growing  out  of  former  treaties  between  the  par- 
ties, for  ever  at  rest.  Still  our  negotiators  con- 
sented to  put  the  negotiation  upon  the  basis  of 
continued  peace,  and  why  ?  Because  the  adop- 
tion of  a  basis  of  existing  war  would  have  barred 
effectually  and  for  ever  all  classes  of  the  claims. 
This,  Mr.  W.  said,  was  the  only  possible  as- 
signable reason  for  the  course  pursued  by  the 
American  negotiators ;  it  was  the  only  reason 
growing  out  of  the  existing  facts,  or  out  of  the 
interests,  public  or  private,  involved  in  the  diffi- 
culties between  the  two  nations.  He  therefore 
felt  himself  fully  warranted  in  the  conclusion,  that 
the  American  ministers  preferred  and  adopted  a 
peace  basis  for  the  negotiation  which  resulted  in 
the  treaty  of  the  30th  of  September,  1800,  solely 
from  a  wish,  as  far  as  they  might  be  able,  to  save 
the  interests  of  our  citizens  holding  claims  against 
France. 

"  Did  they,  Mr.  President,  said  Mr.  W.,  suc- 
ceed by  this  artifice  in  benefiting  the  citizens 
who  had  sustained  injuries  1  He  would  let  the 
treaty  speak  for  itself.  The  following  are  ex- 
tracts from  the  4th  and  5th  articles : 

"  '  Art.  4.  Property  captured,  and  not  yet  de- 
finitively condemned,  or  which  may  be  captured 
before  the  exchange  of  ratifications  (contraband 
£  rods  destined  to  an  enemy's  port  excepted), 
shall  bo  mutually  restored  on  the  following 
proof  of  ownership.' 

"[Here  follows  the  form  of  proof,  when  the 
article  proceeds :] 

"  '  This  article  shall  take  effect  from  the  date 
of  the  signature  of  the  present  convention.  And 
if,  from  the  date  of  the  said  signature,  any  pro- 


perty shall  Ik'  condcmnp*!  coiitrary  to  tin.  im^, 
of  the  said  convention,  U-fon'  the  Kiii)w|,.,|.,.,','| 
this  stipulation  shall  be  obtained,  the  \,t<»,^. 
so  condemned  shall,  without  delay,  \)c  rtco^ 
or  fiaid  for.' 

••  '  .1/7.  T).  The  debts  contracted  for  hy  nnc  f  ( 
the  two  nations  with  individuals  of  the  otlurcl 
by  individuals  of  the  one  with  individuals (.fji  I 
other,  shall  be  paid,  or  the  payiimt  nnv  *| 
prosecnted  in  the  same  manner  as  if  tluriiiiil 
ixjcn  no  misunderstanding  Ijetwccn  the  t»r| 
States.  I{\it  this  clause  shall  not  extwvl  i, 
indemnities  claimed  on  account  of  capiun.,  I 
contiscations.' 

'•Here,  Mr.  W.  said,  was  evidence  from  tv| 
treaty  itself,  that,  by  assuming  a  peace  !jaRis(i)f| 
the  negotiation,  the  property  of  our  niordiain,! 
captured  and  not  condemned  was  saved  iMtliejil 
and  that  certain  classes  of  claimants  against  tj*  I 
French  government  were  provided  for,  and  thjiJ 
rights  expressly  reserved.    So  much,  thcixf,i^| 
was  gained  by  our  negotiators  by  a  deijartiiivl 
from  the  facts,  and  negotiating  to  put  an  end  til 
existing  hostilities  upon  the  basis  of  a  continuhil 
peace.    Was  it,  then,  generous  or  just  to  pcrniil 
these  merchants,  because  our  ministers  did  noil 
succeed  in  saving  all  they  claimed,  to  set  up  i||ii| 
implied  admission  of  continued  peace  as  ilitl 
foundation  of  a  liability  against  their  onu  Ji 
vernment  to  pay  what  was  not  recovered  fn)ijl 
France  ?     He  could  not  so  consider  it,  and  IkI 
felt  sure  the  country  never  would  consent  to  »l 
responsible  an  implication  from  an  act  of  esai.1 
sive  kindness.    Mr.  W.  said  he  must  not  ben.! 
derstood  as  admitting  that  all  was  not,  by  m 
effect  of  this  treaty,  recovered  from  Franal 
which  she  ever  recognized  to  be  due,  orcvcriD.! 
tended  to  pay.    On  the  contrary,  his  best  ini'l 
pression  was,  from  what  he  had  been  able  u| 
learn  of  the  claims,  that  the  treaty  of  Louisial 
provided  for  the  payment  of  all  the  claims  whi(i| 
France  ever  admitted,  ever  intended  to  pay,  J 
which  there  was  the  most  remote  hopeoi>l 
covering  in  any  way  whatever,    lie  should,  J 
a  subsequent  part  of  h's  remarks,  have  (xm\ 
to  examine  that  treaty,  the  claims  which  ™ 
paid  under  it,  and  to  compare  the  claims  ] 
with  those  urged  before  the  treaty  of  Septemlii 
1800. 

"  Mr.  W.  said  he  now  came  to  the  considtn 
tion  of  the  liability  of  the  United  States  totln 
claimants,  in  case  it  shall  be  deterraintlbyti 
Senate  that  a  w  ar  between  France  and  the  Unild 
States  had  not  existed  to  bar  all  ground  of  cli 
■either  against  France  or  the  United  States. 
understood  the  claimants  to  put  this  Mk 
upon  the  assertion  that  the  goveriinieutoftl 
United  States  had  released  their  claims  ajni^ 
France  by  the  treaty  of  the  30th  of  .Septeuilu 
1800,  and  that  the  release  was  made  furafi 
and  valuable  consideration  passing  tu  the  Uiiid 
States,  which  in  law  and  equity  nude  it  ti 
duty  to  pay  the  claims.  The  con.sideri?tioD|i 
sing  to  the  United  States  is  alleged  to  je  tit 
release  from  the  onerous  obligations  lUjx 


ANNO  1H85.     ANDKKW  .lAiKsON,  I'UI">I1)KNT. 


41)7 


io<l  cn\itrary  lo  tlaintn; 

U'furi'  the  kiinwii'il.v,,! 

1)0  obtiiineil.  tin-  lir'i|.r-r, 

litliout  delay,  W  nKa-  A 

H  contracted  for  liy  nnc  ( JH 
ntUvidimls  of  the  otlur  -jB 
Hie  with  in(livi(liiaU(.fti<| 

or  the  paynuiit  may 
nc  manner  as  if  Ihcnhiil 
indinR  Ix-twcfii    llie  (m| 
auso   shall   not  exUivltol 
)n   account  of  captu^s  nA 

id,  was  evidence  from  m 
assuming  a  peaci-  '.msiMirl 
jroperty  of  our  nii^rclmniJ 
idemncd  was  saved  in  ihem  I 
ses  of  claimantu  nsainsi  t'j«| 
vcre  provided  for,  and  tterl 
irved.    So  much,  thc^f.rt,! 
nepotiators  by  a  departntcl 
legotiating  to  put  an  tudtol 
pon  the  basis  of  a  continiieiil 
I,  generous  or  just  to  pcraitl 
cause  our  ministers  did  notl 
I  they  claimed,  to  set  up  thi,! 
of  continued  peace  as  tlnl 
bility  against  their  o«ii  !i>l 
hat  was  not  recovered  froul 
I  not  so  consider  it,  and  htl 
y  never  would  consent  tost! 
ication  from  an  act  of  exwl 
,  W.  said  he  must  not  be  m 
ing  that  all  was  not,  by  m 
ty,  recovered  from  Fraiwl 
>gnized  to  be  due,  or  ever  *l 
the  contrary,  his  best  in-l 
what  he  had  been  able  ul 
that  the  treaty  of  Louisijal 
vment  of  all  the  claims whiil 
ted,  ever  intended  topay,(»l 
he  most  remote  hopeot»| 
ay  whatever,    lie  shoulii 
of  h's  remarks,  have  occa-k 
•eaty,  the  claims  which  m 
to  compare  the  claims  pii 
efore  the  treaty  of  SeptcmlK 

now  came  to  the  consita 
_  ofthe  United  Stales  to  tbe 
it  shall  be  determined  bjtl 
tetween  France  and  tlie  Inild 
sted  to  bar  all  ground  of  cl 
lice  or  the  United  State?. 
laimants  to  put  tliis  liabi 
a  that  the  government  of  i 
i  released  their  claims  apii 
atyof  theSOthofSepteuite 
le  release  was  made  forah 
ideration  passing  to  the  I'nw 
law  and  equity  made  it  ti^ 
laims.    The  considerstionp 
States  is  alleged  to  'x  tin 
onerous  obligations  .mpr 


ntmntb'"'"  by  thetronticH  of  amity  and  conimoroo 
j  jiliani'fiif  177K,  aufl  the  consular  roiiventiim 
,,f  I77,>i.  iiiid  espocially  and  iirincipally  by  tho 
^^^jititiitli  article  of  the  treaty  of  amity  and 
.i.ii.miTri'.  in  relation  to  nriiied  vesHcls,  p'i- 
ntw'"s.  ""d  prizes,  nnd  by  the  eleventh  article 
f  (1,1.  treaty  of  alliance  containing  the  mutual 
•tiiirantcoi". 

"ihe  release,  Mr.  W.  said,  was  claimed  to 
l,avc  l*en  made  in  the  striking  out,  by  the  Se- 
nate of  the  United  Stater,  of  the  second  article 
iif  the  treaty  of  30th  September.  1800,  as  that 
article  wa.s  originally  inserted  and  agreed  upon 
|iv  tiie  respective  negotiators  of  the  twop^nver8, 
iL<  it  Btood  at  the  time  the  treaty  was  signed. 
in  cause  this  point  to  Ixj  clearly  understood,  it 
ffould  1«  necessary  for  liim  to  trouble  the  Senate 
Ivith  8  history  of  the  ratification  of  this  treaty. 
Tiu'  second  article,  as  inserted  by  the  negotia- 
tors, antf  as  standing  at  the  time  of  the  signing 
ofthe  treaty,  wa.s  in  t'.ie  following  words: 
"•.1^^2.  The  ministers  plenipotentiary  of 
Ihc  two  powers  not  being  able  to  ogree,  at  prc- 
mt,  respecting  the  treaty  of  alliance  of  0th 
ebniary,  1778,  the  treaty  of  amity  and  com- 
nirce  of  the  same  date,  and  the  convention  of 
I4lh  of  November,  1788,  nor  upon  the  indem- 
lies  mutually  due  or  claimed,  the  parties  will 
wotiatc  further    upon    these    subjects    at  a 
invenient  time;    and,  until  they  may  have 
;iwd  upon  these  points,  the  said  treaties  and 
invention  shall  have  no  operation,  and  the  re- 
itions  of  the  two  countries  shall  be  regulated 
follows : ' 

••The  residue  of  the  treaty,  Mr.  W.  said,  was 
Isubstantial  copy  of  the  former  treaties  of  amity 
id  commerce,  and  alliance  between  the  two 
itions,  with  such  modifications  as  were  desir- 
ile  t9  both,  and  as  experience  under  the  former 
aties  had  shown  to  be  for  the  mutual  interests 
both. 

This  second  article  was  submitted  to  the 

Inate  by  the  President  as  a  part  of  the  treaty, 

|by  the  constitution  of  the  United  States  the 

■csideut  was  bound  to  do,  to  the  end  that  the 

aty  mipht  be  properly  ratified  on  the  part  of 

B  United  States,  the  Frenob  government  having 

ieviously  adopted  and  r-.iified  it  as  it  was  signed 

j  the  respective  negotiators,  the  second  article 

ing  then  in  the  form  given  above.   The  Senate 

lused  to  advise  and  consent  to  this  article,  and 

Vngcd  it  from  the  treaty,  inserting  in  its 

!  the  following : 

'It  is  agreed  that  the  present  convention 
ill  be  in  force  for  the  term  of  eight  years 
I  the  time  of  the  exchange  of  the  ratifica- 
hs.' 

[In  this  shape,  and  with  this  modification, 

I  treaty  was  duly  ratified  by  the  President  of 

I  United  States,  and  returned  to  the  French 

"emment  for  its  dissent  or  concurrence.     Bon- 

■tc,  then  First  Consul,  concurred    in  the 

lification  made  by  the  Senate,  in  the  tollow- 

languagc,  and  upon  the  condition  therein 

■essed ; 

Vol.  I.— 32 


"' The  povcmmont  of  the  United  .<?fntf,x  hav- 
ing added  to  its  ntiliciifiun  that  the  n.uMMitii.n 
sliould  be  ill  ffirre  for  tln'  spare  nf  ti(;Iit  M'ar>i, 
and  having  omitted  the  s<'riiiir|  article,  the  j;i)- 
veniment  of  the  French  Itepuhlic  rdiisents  to 
ac<'t'pt,  ratify,  and  ci.iitirrn  thealmve  (•iiiiventi(jii, 
with  the  «(Miti'>n,  purporting  that  the  eonven- 
tion  shall  be  in  foireforthe  spaceofei;:ht  years, 
and  with  the  reirenchnu'iit  of  the  second  iirtiele ; 
Provided,  That,  by  this  retrenchment,  the  twc 
States  renounce  the  resjicctive  preten,-<i()ns  whieii 
are  the  object  of  the  said  articK'.' 

"This  ratification  by  the  French  Republic, 
thus  qualified,  was  rttunied  to  the  I'nited  ."^tates, 
and  the  treaty,  with  the  respective  eomliiional 
ratification.s,  was  again  submitted  by  tlie  Presi- 
dent of  the  United  States  to  the  Senate.  That 
body  'resolved  that  they  considered  the  said 
convention  as  fully  ratified,  and  returiied  the 
same  to  the  President  for  the  usual  jnomulga- 
tion;'  whereupon  he  completed  the  ratification 
in  the  usual  forms  and  by  the  usual  ijublication. 

"  This,  Mr.  "\V.  said,  was  the  documentary 
history  of  this  treaty  and  of  its  ratification,  and 
here;  was  the  release  of  their  claims  relied  uj)on 
by  the  claimants  under  the  bill  before  the  Senate. 
They  contend  that  this  second  article  of  tho 
treaty,  as  originally  inserted  by  the  negotiators, 
reserved  their  claims  for  future  negotiati(m,  and 
also  reserved  the  subjects  of  disagreement  under 
the  treaties  of  amity  and  commerce,  and  of  alli- 
ance, of  1778,  and  the  consular  convention  of 
1788 ;  that  the  seventeenth  article  of  the  treaty 
of  amity  and  commerce,  and  the  eleventh  article 
of  the  treaty  of  alliance,  were  particularly  oner- 
ous upon  the  United  States  ;  that,  to  di.^chargo 
the  government  from  the  (.iicrous  obligations 
imposed  upon  it  in  these  two  avticles  ofthe  respec- 
tive treaties,  the  Senate  was  ii.duced  to  expunge 
the  second  article  of  the  treaty  of  the  30th  Sep- 
tember above  referred  to,  and,  by  consequence, 
to  expunge  the  reservation  of  their  claims  as 
subjects  of  future  negotiation  between  the  two 
nations  ;  that,  in  thus  obtaining  a  discharge  from 
the  onerous  obligations  of  these  treaties,  and 
especially  of  the  two  articles  above  designatetl, 
the  United  States  was  benefited  to  an  amount 
beyond  the  whole  value  of  the  claims  discharged, 
and  that  this  benefit  was  the  inducement  to  tho 
expunging  of  the  second  article  of  the  treaty, 
with  a  full  knowledge  that  the  act  did  discharge 
the  claims,  and  create  a  legal  and  equitable  ob- 
ligation on  the  part  of  the  government  to  pay 
them. 

"  These,  Jlr.  W.  said,  he  understood  to  be  the 
assumptions  of  the  claimants,  and  this  their 
course  of  reasoning  to  -irrive  at  the  conclusion 
that  the  United  States  were  liable  to  them  for 
the  amount  of  their  claims.  He  must  here  raise 
a  preliminary  question,  which  he  had  satisfied 
himself  would  show  these  assumptions  of  the 
claimants  to  be  wholly  without  foundation,  so 
far  as  the  idea  of  benefit  to  the  United  States 
was  supposed  to  be  derived  from  expunging  this 
second  article  of  the  treaty  of  1800.    A\'hat.  ho 


#. 


^.^qgi 


498 


THIRTY  Y KAILS'  VIKW. 


mnst  ]>c  |Hnnitt<'<l  to  n«k,  would  have  licen  tlie  '  tlie  treaty  of  1800.  in  his  niinil,  put  an  tni] 

the  j)rot*.'in"e  that  tho  Htrikiri;;  out  (if  this  art 
relieved  the  United  Sliifes  from  ol  " 


liafiilitv  of  the  I'nited  Stutc«  imiler  tlio  'f)nerouH 


ohlipilionn'  refcnrd  to.  in  ease  the  Senate  had 
ratiiied  the  treaty,  retaiuinp  this  second  article? 
The  biiuiin)?  foire  of  the  treaties  of  amity  an<l 
eoinnierce.  and  of  allinnre,  and  of  the  consular 
convention,  was  released,  and  the  treaties  and 
convention  were  themselves  susiicnded  by  the 
very  article  in  question  ;  and  the  B.ilyects  of 
(iisafrreement  grovvin;;  out  of  them  were  merely 
made  matters  of  future  negotiation  'at  a  con- 
venient time.'  What  was  the  value  or  the 
hiirden  of  such  an  oblijration  upon  the  United 
States  ?  for  this  was  the  only  obligation  from 
which  our  government  was  released  by  striking 
out  tlio  article.  The  value,  Mr.  W.  said,  was 
the  value  of  the  privilege,  being  at  perfect  liberty, 
in  the  premises,  of  assenting  to  or  dissenting 
from  a  bad  bargain,  in  a  matter  of  negotiation 
between  ourselves  and  a  foreign  power.  This 
was  the  consideration  passing  to  the  United 
States,  and,  so  far  as  he  wao  able  to  view  the 
s\ibject,  this  was  all  the  consideration  the  go- 
vernment had  received,  if  it  be  granted  (which 
he  must  by  no  means  be  understood  to  admit), 
that  the  striking  out  of  the  article  was  a  release 
of  the  claims,  and  th.at  such  release  was  intended 
as  a  consideration  for  the  boneflts  to  accrue  to 
the  government  from  the  act. 

"  air.  W.  said  he  felt  bound  to  dwell,  for  a  mo- 
ment, upon  this  point.  What  was  the  value  of 
n  n  obligation  to  negotiate  '  at  a  convenient  time  ? ' 
Was  it  any  thing  to  be  valued  ?  The  '  conven- 
ient time '  might  never  arrive,  or  if  it  did  arrive, 
and  negotiations  were  opened,  were  not  the 
government  as  much  at  liberty  as  in  any  other 
case  of  negotiation,  to  refuse  propositions  which 
were  deemed  disadvantageous  to  itself?  The 
treaties  were  suspended,  and  could  not  be  re- 
vived without  the  consent  of  the  United  States ; 
and,  of  consequence,  the  '  onerous  obligations ' 
comprised  in  certain  articles  of  these  treaties 
were  also  suspended  until  the  same  consent 
should  revive  them.  Could  he,  then,  be  mistaken 
in  the  conclusion  that,  if  the  treaty  of  1800  had 
been  ratiiied  with  the  second  article  forming  a 
part  of  it,  as  originally  agreed  by  the  negotiators, 
the  United  States  would  have  lieen  as  effectually 
released  from  the  onerous  obligations  of  the 
former  treaties,  until  those  obligations  should 
again  be  put  in  force  by  their  consent,  as  they 
were  released  when  that  article  was  stricken 
out,  and  the  treaty  ratified  without  it?  In 
short,  could  he  be  mistaken  in  the  position  that 
all  the  inducement,  of  a  national  character,  to 
expunge  that  article  from  the  treaty,  was  to  get 
rid  of  an  obligation  to  negotiate  'at  a  conve- 
nient time  ? '  And  could  it  be  possible  that 
such  an  inducement  would  have  led  the  Senate 
of  the  United  States,  understanding  this  conse- 
quence, to  impose  upon  the  government  a 
liability  to  the  amount  of  $5,000,000  ?  He  could 
not  adopt  so  absurd  a  supposition ;  and  he  felt 
him.scif  compelled  to  say  tliat  this  view  of  the 
action  of  the  governmciit  in  the  ratification  of 


I'S  irom  oi)ii-iiti„„,  ,, 
I  onerous  as  to  form  a  valuable  consiiliraljcnf . 
the  payments  provided  for  in  this  l,iii,  n 
could  not  view  the  obli;;ation  releasi<!— ^  ,„ 
obligation  to  nc';;otiate — as  onerous  m  al|  ^^ 
forming  any  consideration  whatever  for  a  pts'm 
ary  liability,  much  less  for  a  liability  fur  iiiilij,,,,; 

"  iMr.  A\ .  said  he  now  proposecl  to  c(m>iil.- 
whether  the  etllct  of  expunging  the  sicond ar' 
tide  of  the  treiity  of  1800  was  to  release  ac- 
claim of  value — any  claim  which  Franco  ha,] 
ever  acknowledged,  or  ever  intended  to  mv 
lie  had  before  shown,  by  extracts  from  tto 
fourth  and  fifth  articles  of  the  treaty  of  ISmi 
that  certain  classes  of  claims  were  saved  by  th« 
treaty,  as  it  was  ratified.     The  claims  so  i^. 
served  and  provided  lor  were  paid  in  pursuance 
of  provisions  contained  in  the  treaty  Ijctwn,, 
France  and  the  United  States,  of  the  30th  of 
April,  1803 ;  and  to  determine  what  claims  wtn 
thus  paid,  a  reference  to  some  of  the  articfcs  of 
that  treaty  was  nccessanr.     The  purchase  of  I 
Louisiana  was  made  by  the  United  States  fjr  I 
the  sura  of  80.000,000  of  francs,  GO,0()0,OM  rf  I 
which  were  to  be  paid  into  the  French  treai^nrv  I 
and  the  remaining  20,000,000  were  to  le  appliii  j 
to  the  payment  of  these  claims.   Three  .>*paniJ 
treaties  were  made  b-.tween  the  parties,  bcarii»| 
all  the  same  date,  the  first  providing  fur  m 
cession  of  the  territory,  the  second  for  the  mv.  I 
ment  of  the  00,000,000  of  francs  to  the  Freocjl 
treasury,  and  the  third  for  the  adjustment  aiij| 
payment  of  the  claims. 

"Mr.  W.  said  the  references  propcsed  were i: I 
the  last-named  treaty,  and  were  the  followbg;  [ 

"  ^Art.  1.  The  debts  due  by  France  to  citizttsl 
of  the  United  States,  contracted  before  the^ill 
of  Vendemiaire,  ninth  year  of  the  French  M 
public  (30th  September,  1800),  shall  be  p^l 
according  to  the  followinn;  regulations,  with  ii'l 
terest  at  six  per  cent.,  to  commence  from  tinl 
period  when  the  accounts  and  vouchers  wh(| 
presented  to  the  French  government.' 

"  ^Art.  2.  The  debts  provided  for  by  the  p^l 
ceding  article  are  those  whose  result  iscoraprBjl 
in  the  conjectural  note  annexed  to  the  prewl 
convention,  and  which,  with  the  interest,  cmM 
exceed  the  sum  of  twenty  millions  of  frwl 
The  claims  comprised  in  the  said  note,  wkk^ 
fall  within  the  exceptions  of  the  following  j 
cles,  shall  not  be  adm' tted  to  the  benefit  of  t 
provision.' 

" '  Art.  4.  It  is  expressly  agreed  that  thep 
ceding  articles  shall  comprehend  no  debb  1 
such  as  arc  due  to  citizens  of  the  United  Stw 
who  have  been  and  are  yet  creditors  of  f  riii 
for  supplies,  for  embargoes,  and  prizes  raadei 
sea,  in  which  the  appeal  has  been  properly  lodp 
within  the  time  mentioned  in  the  said  convs^ 
tion  of  the  8th  Vendemiaire,  ninth  year  (3fti 
September,  1800).' 

^''  Art.  5.  The  preceding  articles  shall  an 
only,  1st,  to  captures  of  which  the  council  i 


ANNO  18r..V     AXIHIF.W  .fACICSON.  I'Ul  SIDKNT. 


40f) 


is  tuirnl,  I>'it  iin  irnl  t, 
rikiii;;  out  of  this  art* 
ti'H  from  ol)li;;iitiinii(  ^, 
alimble  consickraliun f  r 
(1  for  in  this  lill,    h,. 
i;;ntion  rfleasiil— a  men 
—as  oncroii"!  «l  all,  orii, 
ion  wlmtc'vcr  for  a  jx-cum 
for  ft  liability  f(inniUi..iii, 
u\v  proposed  to  cimsiil.t 
cxpunjiing  the  sj'cond  »r- 
181)0  was  to  vt'loase  an- 
chiim  which  France  hvl 
jr  ever  intendwl  to  priv. 
11,  by  extracts  from  tk 
ks  of  the  treaty  of  Ism. 
claims  were  sawd  by  thai 
iiicd.     The  claims  so  k- 
br  were  paid  in  piirsuanct 
ed  in  the  treaty  ktwewi 
id  States,  of  the  30th  (,( 
letermino  what  claims  wcrt 
!  to  some  of  the  articles  of 
pessary.    The  purchaac  of  L 
by  the  United  States  tor  I 
00  of  francs,  00,000,000  of 
d  into  the  French  trcafur,  I 
),000,000  were  to  be  appW  j 
[leso  claims.   Three  scpant«| 
3-t\veen  the  parties,  btaiinj  I 
the  first  providin;;  for  M 
ory,  the  second  furthcpijl 
000  of  francs  to  the  Freniil 
hird  for  the  adjustment  anil 
ms.  I 

references  proposed  weret; 
ty,  and  were  the  following;  I 
its  due  by  France  to  citizasl 
8  contracted  before  tkm 
ith  year  of  the  French  Rt-I 
;mber,  1800),  Bhall  be  piidl 
[lowing  regulations,  with  ii'l 
nt.  to  commenco  froratkl 
iccounts  and  vouchors  ml 
rench  government.'  I 

fbts  provided  forbythepfrl 
oso  whose  result  iscomprisell 
note  annexed  to  the  prc!m| 
lich,  with  the  interest,  CM 
,f  twenty  millions  of  in 
ised  in  the  saiu  note,  wli 
eptionsof  the  following  ii 
diirtted  to  the  benefit  ofthi 

■xpressly  agreed  that  thep 
ill  comprehend  no  debte  I 
citizeas  of  the  United  btJta 
i  are  yet  creditors  of  Fran 
tibargocB,  and  prizes  madii^ 
npcal  has  been  properly  W 
mentioned  in  the  said  COOT 
endemiaire,  ninth  year  (M 

preceding  articles  shall  a 
Ires  of  which  the  council 


.pyt-s  ?bnH  fia*'**  "r<!iTf<l    restitution,  it  beinp; 
II  „n(li'r>to(Kl  that  the  I'laiiimnt  cannot  have 
-i-ur-c  t'»  the  I'niffil  States  otherwise  than 
I.,  iiirlit  have  liud  f«i  the  ndvernineiit  of  the 
frinch  |{";iublio,  and  only  in  cai<e  of  ti.e  insutli- 
;,,niv  iif  the  captori ;  'Jd,  the  debts  mentioned 
„,  the  ciiid  Jiflb  article  of  tlio  conventi<tn,  con- 
•nctf<l  Itefore  the  8th  Vcndenjaire,  and  'J  (30th 
SoptendHT,  1800),  the  payment  of  which  has 
Utn  heretofore  claimed  of  the  actual  govcni- 
n,,.nt  of  France,  and  for  which  the  creditors 
l,;ive  a  right  to  the  jtrotoction  of  the  United 
Stntes;  the  said  fifth  article  d(x>s  not  comprc- 
innfl  prizes  whoso  condemnation  has  Iwen  or 
shall  be  confirmed }  it  is  the  express  intention 
if  the  contracting  parties  not  to  cxtenti  the 
Ixnctit  of  the  present  convention  to  rcclania- 
(i.ins  of  American  citizens,  who  shall  have  cs- 
tulilishcd  bouses  of  commerce  in  France,  Eng- 
ird, 01  other  countries  than  the  United  States, 
1  iii  partnership  with  foreigners,  and  who  by  that 
re.i:^(in  and  the  nature  of  their  commerce,  ought 
to  he  repanled  as  domiciliated  in  the  places 
U  here  such  houses  exist.    All  agreements  and 
1  Uii'iaiiis  concerning  merchandise,  which  shall 
nut  1«  the  property  of  American  citizens,  are 
j(niially  excei>ted  from  the  benefit  of  the  said 
Ifiinvciition,  saving,  however,  to  such  persons 
It.iiir  claims  in  like  manner  as  if  this  treaty  liad 
lnot  been  made. 

I  •■  From  these  provisions  of  the  treaty,  Mr.  W. 
Ipii'l,  it  would  appea'  that  the  claims  to  be  paid 
iHirc  of  three  descriptions,  to  wit : 

•  1.  Claims  for  supplies, 
•:'.  Claims  for  embargoes. 

•  3.  Claims  for  captures  made  at  sea,  of  a  de- 
kcription  defined  in  the  last  c'ause  of  the  4th 
Vii'l  the  first  clause  of  the  5th  article. 

How  far  these  claims  embraced  all  which 
fraiice  ever  acknowledged,  or  ever  intended  to 
ay,  .Mr.  W.  said  he  was  unable  to  say,  as  the 
liiiii'  allowed  him  to  examine  the  case  had  not 
«rraittcd  him  to  look  suflicienily  into  the  docu- 
ments to  make  up  his  mind  with  precision  upon 
kliis  point.  He  had  found,  in  a  report  made  to 
JieSeriteon  the  14th  of  January,  1831,  in  £i- 
lorof  this  bill,  by  the  honorable  Mr.  Livingston, 
ken  a  Senator  from  the  State  of  Louisiana,  the 
bllonirp  class.tication  of  the  French  claims,  as 
^Msted  on  at  a  period  before  the  making  of  the 
Kity  of  18U0,  to  wit : 

••'1.  From  the  capture  and  detention  of  about 
\y  vessels. 

■'2.  The  detention,  for  a  year,  of  eighty  other 
isst's,  under  the  Bordeaux  embargo. 
•• ' ').  The  non-payment  of  supplies  to  the  West 
bdia  islands,  and  to  continental  France. 
I "  •  4.  For  depredations  committed  on  our  com- 
lerce  in  the  West  Indies.' 
t''.Mr.  W.  said  the  compcrison  of  the  two 
Bssitications  of  claims  would  show,  at  a  single 
kw,  that  Nos.  2  and  3  in  Mr.  Livingston's  list 
pre  provided  for  by  the  treaty  of  1803,  from 
pich  he  had  read.    AVhether  any,  and  if  any, 
at  portions  of  Nos.  1  and  4  in  Mr.  Living- 


ston's list  were  em>)rftrr(l  in  No  .1  of  the  pro* 
visions  (if  the  treaty,  ivs  lu>  had  nuinl«n<l  tlicii^ 
he  was  unnlije  to  --ay;  liiit  this  niiicli  he  could 
8(iy.  that  he  had  found  nothing  to  satisfy  his 
mind  that  parts  ol'  liotli  tlm-t'  classis  of  claims 
were  not  ho  included,  and  tlunl'ori'  f)ro\idt>d  (nr 
and  jwid  under  the  treaty  ;  nor  had  he  U'en  abb- 
to  find  any  thimt  to  show  that  this  treaty  of 
180.5  did  not  provide  for  and  pay  all  tlu;  rliiims 
which  Franco  ever  acknowle<li:»«<l  or  ever  in- 
tended to  pay.  He  was.  therelbiv,  unpivpared 
to  admit,  and  di<l  not  admit,  that  any  thing  of 
value  to  any  class  of  indivi<lual  rlaimants  was 
released  by  expunging  tlie  second  original  ar- 
ticle from  the  treaty  of  the  .'lOth  September, 
IHOO.  On  the  contrary,  ho  was  strongly  im- 
pressed with  the  Iwlief  that  the  adjustment  of 
claims  provided  for  in  the  treaty  df  18(t.'i  ha<l 
gone  to  the  whole  extent  to  which  the  Fivnch 
government  had,  at  any  pcricxl  of  the  negotia- 
tions, intended  to  go. 

"Mr.  W.  waid  this  impression  was  greatly 
strengthened  by  the  circumstance  that  the  claims 
under  the  Bordeaux  embargo  were  expressly 
provided  for  in  this  treaty,  while  he  could  see 
nothing  in  the  treaty  of  1800  which  seemed  to 
him  to  authorize  the  supposition  that  this  class 
of  claims  was  more  clearfy  embraced  within  the 
reservations  in  that  treaty  than  any  class  whicli 
had  been  admitted  by  the  Fri'nch  government. 

'•Another  fact,  Mr.  W.  said,  was  material  to 
this  subject,  and  should  l)e  borne  carefully  in 
mind  by  every  senator.  It  was,  that  not  a  cent 
was  paid  by  France,  even  upon  the  claims  re 
served  and  admitted  by  the  treaty  of  1800,  un 
til  the  sale  of  Louisiana  to  the  United  States, 
for  a  sum  greater  by  thirty  millions  of  francs 
than  that  for  which  the  French  minister  was 
instructed  to  sell  it.  Yes,  Mr.  President,  said 
Mr.  W.,  the  only  payment  yet  made  upon  any 
portion  of  these  claims  has  been  virtually  made 
by  the  United  Stiites  ;  for  it  has  been  made  out 
of  the  consideration  money  paid  for  Louisiana, 
after  paying  into  the  French  treasury  tea  mil- 
lions of  fl'aucs  beyond  the  price  France  herself 
placed  upon  the  territory.  It  is  a  singular  fact 
that  the  French  negotiator  was  instructed  to 
make  the  sal  for  fifty  millions,  if  he  could  pet 
no  more  ;  and  when  he  found  that,  by  yieldiii;,' 
twenty  millions  to  pay  the  claims,  he  could  get 
eighty  millions  for  the  territory,  and  thus  put 
ten  millions  more  into  the  treasury  of  his  na- 
tion than  she  had  instructed  him  to  ask  for  the 
whole,  he  yielded  to  the  claims  and  closed  the 
treaty.  It  was  safe  to  say  that,  but  for  this  specu- 
lation in  the  sale  of  Louisiana^  not  one  dollar 
would  have  been  paid  u;  »on  the  claims  to  this 
day.  All  our  subseque.it  negotiations  with 
France  of  a  sir  -lar  character,  and  our  present 
relations  with  that  country,  growing  out  of  pri- 
vate claims,  justify  this  position.  What,  then, 
would  have  "^"en  the  value  of  claims,  if  such 
fairly  exist*  "hich  were  not  acknowledged 
and  provide'  -r  by  the  treaty  of  1800,  but  were 
left  for  lutui'e   negotiation    'at  a  oonveuieut 


"■■ 


500 


TllIIlTV  YKAIW'  VIEW. 


timi'  ?'  >V"iiM  tlcy  liavi-  hrcn  wort'i  tlic  flvt- 
tiiilli<tii><  III'  (IdlliirH  you  pmiiosc  tn  upprnprintc 
l)y  tliit*  t.ill  I  Woiilil  tlicy  linvi'  bi'tn  worth 
fiirtlit  r  tuf;:oti:iti<)n  ?  He  thoiifrlit  tlioy  woulil 
not, 

'•  Mr.  \V.  faid  ho  woiiM  avnil  himwlf  of  tliis 
occasion,  wliun  fpt-akinn  <jf  (he  trcnty  of  Louisi- 
ana aurl  of  its  connection  with  these  claiinH,  to 
explain  a  niiHtnkc  into  which  he  had  fallen,  and 
\vliich  lie  found  fn)m  convcrnHtion  witli  (^tverai 
pi'iitlemcn,  who  had  hccn  for  Honip  years  nicin- 
liers  of  (Jonjrress,  had  ))een  conimnn  to  them 
null  to  hinisilf.  The  mistake  to  which  ho  al- 
luded was,  the  s  ijiposition  that  the  claimants 
nnder  this  hill  put  their  case  upon  the  assimip- 
tion  that  their  claims  had  constituted  part  of 
tlie  consideration  for  which  Louisiana  had  hcen 
ced(!d  to  tho  United  States ;  and  that  the  con- 
sideration they  contended  tho  povernment  had 
received,  and  upon  which  its  liability  rested, 
was  the  cefsion  of  that  territory  for  a  less  sum, 
in  money,  tlian  was  considered  to  be  its  value, 
on  account  of  the  release  of  tho  French  govern- 
ment from  those  private  claims.  lie  had  rested 
under  this  misapprehension  imtil  tho  opening 
of  tho  present  debate,  and  until  he  commenced 
an  examination  of  the  case.  Ho  then  found  that 
it  was  an  entire  misapprehension ;  that  the  Uni- 
ted States  had  paid,  in  money,  for  Louisiana, 
thirty  millions  of  francs  beyond  the  price  which 
Fiance  had  set  upon  it ;  that  tlic  claimants  un- 
der this  bill  did  not  rest  their  claims  at  all  up- 
on this  basis,  and  that  the  friends  of  tho  bill  in 
the  Senate  did  not  pretend  to  derive  tho  liability 
of  the  government  from  this  source.  Mr.  W . 
said  he  was  induced  to  make  this  exjjlanation 
in  justice  to  himself  and  because  there  niipht 
be  some  person  within  tho  hearing  of  his  voice 
who  might  still  be  under  the  same  misappre- 
hension. 

"  He  had  now,  Mr.  W.  said,  attempted  to 
establish  the  following  propositions,  viz. : 

"  I.  That  a  state  of  actual  war,  by  which  he 
meant  a  state  of  actual  hostilities  and  of  force, 
and  an  interruption  of  all  diplomatic  or  friendly 
intercourse  between  the  United  States  and 
France,  had  existed  from  the  time  of  the  pas- 
sage of  the  acts  of  the  7th  and  9th  of  July, 
1798,  before  referred  to,  until  the  sending  of  the 
negotiators,  Ellsworth,  Davie,  and  Murray,  in 
1800,  to  make  a  treaty  which  put  an  end  to  the 
hostilities  existing,  upon  the  best  terms  that 
could  be  obtained ;  and  that  the  treaty  of  the 
30th  of  September,  1800,  concluded  by  these 
negotiators,  was,  in  fact,  and  so  far  as  private 
claims  were  concerned,  to  be  considered  as  a 
treaty  of  peace,  and  to  conclude  all  such  claims, 
not  reserved  by  it,  as  finally  ratified  by  the  two 
powers. 

''  2.  That  the  treaty  of  amity  and  commerce, 
and  the  treaty  of  alliance  of  1778,  as  well  as 
the  consular  convention  of  1788,  were  suspended 
by  the  2d  article  of  tho  treaty  of  1800,  and 
from  that  time  became  mere  matters  for  negotia- 
tion between  the  parties  at  a  convenient  time ; 


th.if,  thirefore,  tho  desin*  to  pet  riil  nf  n,,, 
treaticH.  and  of  any  '  oneroun  ohii^riitiiiin"  ,, 
tained  in  them,  was  onlv  tlie  dt  sire  to  pit  f, 
of  an  obligation  to  nicotiuie    at  a  ciinvirn, 
time;'  and  that  such  a  coiisideration  nniM  ,,. 
have  ill  i  'I'd  the  Senate  of  the  I'liiteil  Siati, V 
e.xpiinge  that  articUi  from  the  tn-aty,  if  tliirn 
that  body  had  siippo.sed  it  was  ini[M)-iii;;  i,,,. 
the  country  a  liability  to  pay  to  it.i  citizens  t 
sum  of  five  millions  of  dollars — a  Mini  ni)  i 
larger  than  France  had  asked,  in  nmrK  y,  |',r , 
full  discharge  from  tho    'onerous  obli>rati„ii, 
relied  upon. 

••;<.  That  tho  treaty  of  IBW  rescrvcl  ^n 
provided  for  certain  portions  of  tho  claims ;  tiiit 
payment,  according  to  such  reservatimm,  mj, 
made  under  tho  trc&ty  of  180.'!;  and  that  it  < 
at  least  doubtful  whether  the  payimiu  thj. 
made  did  not  cover  all  the  claims  ever  ailniiiti,| 
or  ever  intended  to  Ixs  jiaid  by  France;  fn- 
which  reason  the  expunging  of  the  .second  arii- 
cle  of  the  treaty  of  180(t,  by  the  Senate  nf  il.. 
United  States,  in  all  probability,  releaHij  no- 
thing  which  ever  had,  or  which  wius  ever  iikdv  I 
to  have  value. 

"  Mr.  W.  said,  if  ho  had  been  successful  in  i 
establishing  either  of  these  positions,  there «. 
an  end  of  tho  claims,  and,  by  conseiineiia  i 
defeat  of  the  bill. 

"The  advocates  of  the  bill  conceded  lliattiv)| 
positions  must  be  established,  on  their  ]iai  t  h  \ 
sustain  it,  to  wit  • 

"  1.  That  the  cliims  were  valid  claims  ngainiil 
Franco,  and  had  never  been  paid.    And 

"2.  That  they  were  released  by  the  povcra.  I 
ment  of  the  United  States  for  a  full  an!  valu-l 
ble  consideration  passing  to  its  benefit  by  num!  I 
of  the  release. 

"If,  then,  a  .state  of  war  hadTcxistcd,  itwoifl 
not  bo  contended  that  anj''  claims  of  thiscbl 
racter,  not  reserved  or  provided  for  in  thtl 
treaty  of  peace,  were  valid  claims  after  then-l 
tification  of  such  a  treaty.  His  first  pro[yi.>r 
tion,  therefore,  if  sustained,  would  defc.it  ik\ 
bill,  by  establishing  the  fact  that  the  claiiiKJif 
not  reserved  in  the  treaty  of  18U0,  were  m 
valid  claims. 

"The  second  proposition,  if  sustained,  wojij I 
establish  the  fact  that,  inasmuch  as  the  nk\ 
able  consideration  passing  to  the  United  Statal 
was  alleged  to  grow  out  of  the  '  onerous  u 
gations '  in  the  treaty  of  amity  and  ctnimcrtcl 
the  treaty  of  alliance,  and  the  consular  conwl 
tion ;  and  inasmuch  as  these  treaties,  and  ill 
.obligations,  past,  present,  or  future,  '0)icm| 
or  otherwise,  growing  out  of  them,  were  »| 
pended  and  made  inoperative  by  the  mat 
article  of  the  treaty  of  the  30th  of  Septemtel 
1800,  until  further  negotiation,  by  the  conHnl 
consent  of  both  powers,  should  revive  tlioin,ili| 
Senate  of  the  United  States  could  not  have  e 
pected,  when  they  expunged  this  article  I 
the  treaty,  that,  by  thus  discharging  the  pm 
ment  from  an  obligation  to  negotiate  'atao 
venient  time,'  they  were  incurring  againsiinl 


AN!fO  18r,«.    ANDUKW  JACKSON.  rUFMDKNT. 


001 


siro  to  (r<'t  r'nl  "f  tli-., 
inoroiii"  ohli^'iitintH'  r<,; 
)iilv  till'  ilnire  t.L'it  r  : 
cirotiiiie  "ut  a  ciinvini.;; 

a  coiii^iiU'ration  rmiM  i,.' 
te  111'  till'  rnitiMi  Si;itc.  • 
•oin  the  tnuty,  if  thir  i 
vt\  it  wiiH  impixiii^'  u],,. 
r  to  i>ay  to  its  citizciiii  v, 

of  dollars— a  Mini  in',,! 
ifl  nrtkeil,  in  niniii'V.  I'nr  i 
;ho    'oiKTous  obliiratiui,, 

ity  of  ISnO  ri'scrvwl  atiii 
lortions  of  the  claiinH ;  that 
to  Buch  reservation!*,  wi, 
ty  of  11S0:5 ;  and  that  it  \< 
hether  the  payniint  tbi, 
11  the  claims  ever  Hilmittci!. 
1)0  paid  by  France;  fo: 
punRini;  of  the  sironil  am- 
180lt,  by  the  Senate  (i(  i!,e  I 
1  probability,  roleaKil  no- 
a  or  which  was  ever  likdy  1 


if  the  bill  conceded  that  tm  | 
stablished,  on  their  jiaith 

ims  were  valid  claims  w^mi\  I 
vcr  been  paid.  And  I 
i-ere  released  by  the  froven- 1 
1  States  for  a  full  au'l  valu-j 
issing  to  its  benefit  by  iiiiml 

,  of  war  hadTixistcd,  itwon'll 
hat  any  claims  of  this  ct»l 
•ed  or  provided  for  in  tkl 
;re  valid  claims  after  then- 1 
k  treaty.  His  first  prrfis-l 
sustained,  would  defeat  \\tl 
jT  the  fact  that  the  claiiiK  ' 
10  treaty  of  18U0,  were ; 

©position,  if  sustained,  woulll 
that,  inasmuch  as  the  tiIJ 
,  passing  to  tho  United  Statol 
ow  out  of  the  '  onerous  otil>l 
■eaty  of  amity  and  ctinmeiKl 
nee,  and  the  consuliir  convwl 
ich  as  these  treaties,  and  iM 
present,  or  future,  'oncMl 
•wing  out  of  them,  were  st'l 
e  inoperative  by  the  Mcml 
Ettv  of  the  30th  of  Septemtel 
rr'negotiation,  by  the  comral 
lowers,  should  revive  tlimfcl 
ited  States  could  not  have  a| 
>y  expunged  this  article  ftal 
by  thus  discharging  the  goTeiJ 
ligation  to  negotiate' at »»F 
hey  were  incurring  agaimUl 


i:,l.ilitv  "f  milKom;  In  other  wordu,  the  di.'*- 
hari."'  "f  '''*'  g"vtTiiriii'nt  I'ri.m  an  nbli^'atioii  to 
i.'otinte  upon  any  h  d>ji  I't  'at  a  eiiivciiivnt 
tiiii',' '■""'''  "''^  ''"''■'  been  r<m>iili'n'd  by  the 
Nimle  of  the  I'liitod  States  a,-<  a  ^rnoij  and  valu- 
jl.lf  fi>ii:*iiU'ratioii  for  the  payiiieiit  of  private 
rl.'iiMin  to  tho  amount  of  live  iiiiHi'ins  of  dollars, 
••'lilt?  third  pnipo-iition,  if  sustained,  would 
p.,n(' tliat  idl  ihecl  iiiiHevera<'knowleiij.'ed,orever 
'•itiinU'd  |o  hi'  paid  by  France,  were  paid  luider 
lie  tiv:iiy  of  lH(i;{,  and  that,  therefore,  an  claims 
mcr  iiiliiiitted  or  reeo;:nized  by  France  would 
•artvlv  he  urged  as  valid  claims  against  her, 
I  I  viiliil  claims  remained  ;  and,  conse(|uently, 
the  expunging  of  theseeoml  article  of  the  treaty 
if  ilie  uillli  of  Sejitember,  1800,  released  nothing 
uhich  was  valiil,  and  nothing  remained  to  be 
tiiid  liy  the  United  States  as  a  liability  incurred 
liv  iliat  niodilication  of  that  treaty.  Hero  Mr. 
\\'.  gaiil  he  would  rest  hii4  reasoning  au  to  these 
three  proi)ositiona. 

lint  if  the  Senate  should  determine  that  he 
had  ken  wrong  in  them  all,  and  had  failed  to 
iihtain  either,  lie  had  still  another  proposition, 
wlicii  he  considered  conclusive  and  unanswer- 
li'.',  as  to  any  valuable  consideration  for  the  re- 
I  ii^e  of  thcsu  claims  having  passed  to  the  United 
1  >tate^  hi  consequence  of  their  discharge  from 
1  till'  'onerous  obligations'  said  to  have   been 
iHiiitaincd  in  the  former  treaties.     These  'one- 
rous obligations,'  and  the  only  ones  of  which 
JK'  had  heard  any  thing  in  the  course  of  the  de- 
liiitc.  or  of  which  he  had  found  any  thing  in  the 
i.jc'uuit'nts,  arose  under  tho  17th  article  of  the 
I  treaty  of  amity  and  commerce,  and  the  11th 
(nrlicle  of  the  treaty  of  alliance  ;  and,  in  relation 
Itobotli,  he  laid  down  this  broad  proposition, 
I  which  would  he  fully  sustained  by  the  treaties 
Itiiemselves,  and  by  every  act  ond  every  expres- 
siun  on  the  part  of  the  American  negotiators, 
ind  the  government  of  tho  United  States,  viz. : 
•The  obligations,  liabilities,  and  rcsponsi- 
llilities,  imposed  upon  the  government  of   the 
llnited  States  and  upon  France  by  tho  17th 
Article  of  the  treaty  of  amity  and  commerce  of 
78,  and  by  the  11th  article  of  the  treaty  of 
Alliance  of  1778,  where  mutual,  reciprocal,  and 
K|ual :  each  formed  the  consideration,  and  the 
tnly  consideration,  for  the  other;  and,  therefore, 
ny  release   which    discharged  both    powers 
^om  those  liabilities,  responsibilities,  and  obli- 
ptions,  must  have  been  mutual,  reciprocal,  and 
qual ;  and  the  release  of  either  must   have 
fcrmcd  a  full  and  valuable  consideration  for  the 
Bleasc  of  the  other.' 
"Mr.  W.  said  he  would  not  trouble  the  Senate 
;  ajtain  reading  the  articles  from  the  respective 
•ealies.    They  would  be  recollected,  and  no  one 
kould  C'jntrovert  the  fact  that,  when  the  trea- 
ts wire  made,  these  articles  were  intended  to 
{|)ntain  mutual,  reciprocal,  and  equal  obligations. 
■  the  lirst  we  gave  to  France  the  liberty  of 
lir  ports  for  her  armed  vessels,  privateers,  and 
es,  and  prohibited  all  other  powers  from  the 
Ijoyment  of  the  same  privilege ;  aud  France 


gave  to  UK  the  lil»rly  of  lier  |iorts  for  our  AT\nv4 
\esM'ls,  privatiirs  iii|.|  pri/.i>.  nml  ^'iinnU'd  Ibi- 
j>ri»ilcu'e  by  tbi'  oainr  pruhibitiuii  ii>  otbir 
powers  ;  ami  by  the  sx'i.iid  we  giianint«»'i|  in 
Fiiiiiii'.  for  evi  r.  her  po.».s.ii.)ii*  in  Aiiiciii-a, 
and  FruiKV  guaraiilied  to  us,  lor  ever,  'our  liU 
triy,  sovereignly,  and  iiHlr|Kndenef,  nbsoluiu 
and  unlimited,  as  well  in  niatt'rs  ofcnvirnnniil 
as  commerce.'  Such  wcr,.  tli,.  olilipuioiis  in 
their  original  inciptioii.  Will  it  !».•  lonlcnihd 
that  they  weiv  imt  mutual,  rccipi-ocnl,  and  c.|ual, 
and  that,  in  each  instiiiicc,  the  one  did  not  form 
the  onsideration  for  the  other  /  Surely  no  ouo 
will  take  this  gi-ound. 

'•If,  then,  Miid  .Mr.  W.,  the  otdi'/ations  im- 
posed ujKm  each  goverinnent  by  thisc  articbs 
of  the  respective  treaties  were  mutual,  recipro- 
cal, and  equal,  when  undertaken,  they  must 
have  remained  ei|ual  until  abrogated  by  war,  or 
changed  by  treaty  stipulation.  No  treaty,  sub- 
sequent to  those  which  contain  the  obligations, 
had  attected  them  in  any  manner  whatever.  If, 
as  he  had  attempted  to  show,  war  had  existed 
from  .July,  1778,  to  18o(>,  that  would  not  hav' 
rendered  the  obligations  unequal,  but  would 
have  abrogated  them  altogether.  If.  as  the 
friends  of  tho  bill  contend,  there  had  been  no 
war,  and  the  treaties  were  in  full  force  tip  to 
the  signing  of  the  convention  of  the  30th  of  Sep- 
tember, 1800,  what  was  the  etlect  of  that  treaty, 
as  originally  signed  by  the  negotiators,  upon 
these  mutual,  reciproc.tl,  and  eqmd  obligations  ? 
The  second  origiiMil  article  of  that  treaty  will 
an.swer.  It  did  not  attempt  to  disturb  their 
mutuality,  reciprocity,  or  equality,  but  suspend- 
ed them  as  they  were,  past,  jireseiit,  or  future, 
and  made  all  the  subject  of  future  negotiation 
'at  a  convenient  time.' 

"But,  Mr.  W.  said,  the  Senate  of  the  United 
States  expunged  this  article  of  the  treaty  of 
1800,  and  refused  to  advise  and  consent  to  rati- 
fy it  as  a  part  of  the  treaty  ;  and  hence  it  was 
contended  the  United  States  had  discharged 
themselv&s  from  the  'onerous  obligations'  of 
these  articles  in  the  resjieetive  treaties,  and  had, 
by  that  act,  incurred,  to  the  claimants  under 
this  bill,  the  heavy  liability  which  it  recognizes. 
If  the  expunging  of  that  article  discharged  the 
United  States  from  obligations  thus  onerous, 
did  it  not  discharge  France  from  the  fellow  obli- 
gations 7  Was  not  the  discharge,  made  in  that 
manner,  as  mutual,  reciprocal,  and  equal,  as  tho 
obligations  in  their  inception,  and  in  all  their 
subsequent  stages  up  to  that  act  ?  How,  then, 
could  it  be  contended  that  the  discharge  of  the 
one  was  not  a  full  and  adequate  consideration 
for  the  discharge  of  the  other  ?  Nothing  upon 
the  face  of  the  treaties  authorized  the  introduc- 
tion of  this  inequality  at  this  step  in  the  ofDcial 
proceedings.  Nothing  in  the  record  of  the  pro- 
ceedings of  the  Senate,  when  acting  upon  the 
article,  indicates  that  they  intended  to  pay  five 
millions  of  dollars  to  render  this  mutual  ix>lease 
equal  between  the  two  powers.  The  obligations 
and  responsibilities  were  rcser^'ed  us  subjects  of 


[■s 


502 


TIIIKTY  YKAIW  VIKW. 


fifiin-  iiofotiHtion,  upon  trrmn  nf  c>c|tinlity.  nnil 
till'  Hirikiii);  out  of  llint  ichcrvatinii  wit^  Imt  ii 
iiiiiiiiiti  mill  rccipriMMl  iiiul  iijiiitl  rt'lcnMo  IViitii 
till'  olili^Htimi  f'ui'tlirr  to  iii-);iitmti-.  'I'IiIh  unich 
(■'V  till'  irri|>riM'ity  ••!' tlii'-c  iilill^'iitiniis  us  ili'iivcil 
timii  the  U'lioii  (if  lliL'  Hijvi'ii-i^ii  jtowci's  tlit'iii- 
M'Im'M. 

'■  WImtwft.s  t<)  lie  loanifil  from  llv  iictiim  i>f 
tlii'ir  ii'ri|n'ctivi'  iii'j.'i>|iiitiiiH  /  lie  iljil  not  ilmilit 
tint  tliat  iktti  iii|itH  liiul  Im'I'ii  iiiiuIc  (III  till'  |iiirt 
ui'  Friiiicu  U)  cxhiliit  an  iiii'iiiiulily  in  the  nlilifta- 
tiiinx  iiiidi-r  till*  ti'i'iity,  uinl  to  M-t  up  that  ino- 
i|Uiiiity  iiptinst  tlii'  I'luiiiis  of  our  cilizc'im  ;  lint 
liml  our  nc^dtiiiliii'Hi'M'railniiUi'd  the  int>i|iiality 
to  I'xist,  (If  t'Vir  att»'iiiplt'<l  to  coiiipniniiHo  the 
i'i;jlilt<  of  tlic  <-liiiiimiit.s  iiiidfr  tliin  liill  fur  Htirli  ii 
('on.tidriiitioii  /  Ik-  coiilil  not  iinil  that  tlicy 
liiul.  liu  did  mil  lit'ur  it  coiitcndi'd  tiiat  thoy 
hud:  uuil,  from  ilic  i-vidt'iifi'  of  thuir  nets,  rc- 
iiiuiiiiii^  upon  I'cciini,  um  u  part  of  tlio  tiiploinutiu 
c'.)iTi'H)iiiudi'ii<'('  of  the  iK'i'iod,  he  could  not  8U|i- 
jiose  thi'v  hud  ivcr  cntiTtainod  the  idea.  Jle 
liad  said  that  the  Aint'i'ic-an  ncpitiatoi'H  had  al- 
ways tnated  tlii'.-ie  <)l>lij;ations  ns  mutual,  rt'ci|)- 
I'ocal,  and  i'i|ual ;  and  hu  now  pru]iosed  to  read 
to  the  Senate  a  pai  t  of  a  letter  from  Messrs. 
Ellsworth,  Davie,  and  Aluirav.  addresned  to  the 
French  iie^^otiators,  and  com  luiiiK  the  project 
of  a  treaty,  to  Justify  his  assertion.  Tiie  letter 
WU6  dated  2()tli  August,  18U0,  anil  it  would  he 
recollceted  that  its  authors  were  the  negotia- 
tors, on  the  part  of  the  United  States,  of  the 
treaty  of  the  .JUtli  of  September,  IBUO.  The  ex- 
tract is  as  follows : 

'"1.  Let  it  Ije  declared  that  the  former  trea- 
ties are  ivnewed  and  conlirmed,  and  shall  have 
the  samo  ellect  as  if  no  misunderstanding  be- 
tween the  two  powers  had  intervened,  except  so 
far  as  they  aio  derogated  from  by  the  present 
tieaty. 

"'2,  It  shall  be  optional  with  cither  party 
to  pay  to  the  other,  within  seven  years,  three 
niiliions  of  francs,  in  money  or  securities  which 
may  be  issued  lor  indemnities,  and  thereby  to 
reduce  the  rig;hts  of  the  other  as  to  privateers 
and  prizes,  to  those  of  the  most  favored  nation. 
And  during  tho  said  term  allowed  for  option, 
the  r^rlit  of  both  parties  shall  bo  limited  by  the 
line  lof  the  most  favored  nation. 

'■  ■  3.  The  mutual  guaranty  in  the  treaty  of 
alliance  shall  be  so  specitied  and  limited,  that  its 
future  obligation  shall  be,  on  the  part  of  Franco, 
when  the  United  States  shall  bo  attajked,  to 
furnish  and  deliver  at  her  own  ports  military 
stores  to  tho  amount  of  ono  million  of  francs  ; 
and,  on  tho  part  of  tho  Unitetl  States,  when  the 
French  possessions  in  America,  in  any  future 
war,  shall  be  attacked,  to  furnish  and  deliver  at 
their  own  jwrts  a  like  amount  in  provisions. 
It  shall,  moreover,  be  optional  for  either  party 
to  exonerate  itself  wholly  of  its  obligation,  by 
paying  to  tho  other,  within  seven  years,  a  gross 
sum  of  fivo  millions  of  francs,  in  money  or  such 
securities  as  may  be  issued  for  indemnities.' 

'  Mr.  AV.  asked  if  he  needed  further  proofs 


that  not  only  the  Amrricnn  pnvornmfnl  |,iit  n, 
Anicrirnn  iii'j:iitiulorn,  treutcil  tlie-e  olilii/mi,,,, 
under  fill'  tn'iity  iiH,  in  all  ri'NiM'cts,  nnitMil.  f, 
cipriM-al.  and  eijiinl  ;  and  if  the  I'ulliicy  <'f  tin.  j.. 
(.Mirncnt  that  the  (riitcd  SlatcH  li:ii|  oliLiin,,! , 
itMclf  a  valiialile  roiiMideration  for  the  rein*.  ,,f 
these  private  rliiinis  in  the  releiiHc  of  ii^i  if  ff,,,, 
thcHo  obligiitioiiH,  \Mis  not  utterly  and  eiitin  ,• 
disproved  by  these  facts  /  \\i\*  not  tlii>  n'|(,.',. 
of  the  (ihligntion.'4  on  the  one  hiilc  the  ri'lcA^,.,,^ 
them  on  the  other  I  And  was  not  tlie  (in,,  r. 
leano  the  nctvssnry  consideration  for  the  iit|;,,.( 
How,  then,  could  it  be  huiil,  with  any  jimni-i. 
that  wo  Bought  our  release  at  the  ox]k  n^e  (,f  n, 
claimants  7  'I'here  was  no  leiisonaMi'  ):riiiii,.; 
for  such  an  allegation,  either  from  the  lut'-i,'' 
our  government  or  of  our  negotiator.-i.  Wf,,;, 
the  latter  fixed  a  value  uimn  our  obliguiions., 
to  the  privateers  and  prizes,  and  as  to  the  ^i^r. 
anty,  in  tho  same  article  they  fixed  tin;  sit,, 
jirice,  to  a  franc,  upon  the  reciprocal  <)l)lipiti,,|,. 
of  Franco  ;  and  when  the  former  discharni'ilni; 
liability,  by  expunging  the  second  articio  of  tj,, 
ta-aty  of  1800,  tho  same  act  dischargwl  tliccr. 
a-sponding  liability  of  the  French  governimiu. 

'•  Here,  then,  Mr.  W.  said,  must  end  all  pn. 
tence  of  a  valuable  consideration  for  these  claiim 
passing  to  tho  United  States  from  this  lioiirn, 
The  onerous  obligations  were  mutual,  ic'c'i|ii'ijca[ 
and  equal,  and  tlie  resjiective  releases  woiemt. 
tual,  reci|)rocal,  and  equal,  and  sinmltannni., 
and  nothing  cotdd  be  fairly  drawn  from  tlwan 
which  operated  these  mutual  relea:ses  tu  U'luiii  | 
these  claimants. 

" Mr.  \V .  said  he  was,  then,  necessarily  brniij:!.)  I 
back  to  tl)  proposition  with  which  he  starud 
in  the  commencement  of  his  argument,  tliat,  if 
the  United  States  were  liable  to  pny  thw 
claimants,  that  liability  must-  rest  upim  liir  | 
broad  ground  of  a  failure  by  the  H'miiuh 
after  ordinary,  and,  in  this  inj,l  nn',  fcxtratr.. 
nary  elforts  to  collect  the  monvy.  thuideaifl 
a  release  of  tho  claims  for  a  valuHli'j  consiikrv 
tion  jiassing  to  the  government  i.-ad  hwo  m- 
jiloded,  and,  if  a  liability  was  tw.  bo  claiiiiwl  oj  [ 
account  of  a  failure  to  collect  the  money,  upi 
what  ground  did  it  re!»t  ?  What  hml  the  pwi 
ernment  done  to  protect  tho  rights  of  tluse  I 
claimants?  It  had  negotiated  from  ITWwl 
1798,  with  a  vigilance  and  zeal  and  talent  il- 1 
most  unprecedented  in  the  history  of  di)iioiiii(T,  I 
It  had  sent  to  F'rance  minister  after  luiiiL-itrf 
and,  upon  several  occasions,  extraordinary  mL»[ 
siuns  composed  of  several  individuals,  lie- 1 
twcen  171*8  and  1800,  it  had  equipped  tiitul 
ilnd  armies,  expended  millions  in  warlike  \>»[ 
paration,  and  finally  sent  forth  its  citizeiiMti 
battle  and  death,  to  force  tho  payment  olilx  I 
claims.  Were  wc  now  to  be  told,  that  mI 
failure  in  these  efforts  had  created  a  liabiliitl 
against  us  to  pay  the  money  ?  That  tue  suul 
citizens  who  had  been  taxed  to  pay  the  ai 
pcnscs  of  these  long  negotiations,  and  uf  'liii| 
war  for  the  claims,  were  to  be  further  taxed  ul 
pay  such  of  the  claims  as  we  hud  tailed  to  cvi[ 


ASN'O  teas.    ANIiRr.W  JACK«0X.  rRWII>KNT. 


:)0n 


tin  trnvrrniiK'nt  \,\\\  \\, 

llltl<l    tlll'«0   nl.li'^mi,,.,, 

ill  n'sl'<'<'t.-<,  iniiluil.  r 
iftlif  liilliK-y  <l'  till' V 
SlaU'H  liii'l  "lii.iiiiKli 
rutioii  for  lli«'  nln*  (,! 
(In-  r«'lfi>''<'  "'  il''iirfr ", 
lot  nttiily  iiiiM  ciitir,  , 
(  J     Wiii  not  tlif  nl  :i', 
L'  ono  hiiii'  tlif  nlm-i  ,; 
,1x1  wiw  iK't  till'  mil  r  ■ 
,itlfViili'>n  for  ttic  citlir ' 
I  Hiiiti,  with  liny  jii-nrv 
nsi'Ul  the  oxiHiu-iM.f  t|,, 
,(  III)  u'liKoiuil'li'  jmrni . 
citliiT  fvi'in  tlie  lut-i; 
our  m•^'^)ti:ll^'r.•'.     Whc, 
ts  ujM)ii  our  (il)lipili(jnsis 
)rizcn,  and  n«  t«  Ihu  (innr- 
k\i!  tlioy  tlxfd  till!  sill. 
the  rt'ciprociil  ohlipitmi,, 
the  foiinerilisiliiu'iiidr.v 
r  the  Ht'coiid  articli'  ul  li,,; 
ine  net  dist-harmtl  the  (i,r. 
'the  French  novirmmm. 
^.  said,  "uisl  end  nil  in- 
iHiderttlion  for  these  ckiim 
d  States  fii>n>  this  eoiir"'. 
ns  were  mutual,  vei'iinual, 
spective  releases  weii'  mi.. 
equal,  and  Hiinulliuiinui, 
c  fairly  drawn  from  the  a^i 
mutual  releases  to  Uikhi 

IS,  then,  necessarily  hi-niiplt 
ion  with  which  he  stamd 
^t  of  his  argument,  tliut.i! 
were    liable   to  piiy  lliw 
lility   must-  rest  upwi  li* 
iailurc  by  tl'<^  u'Miimii 
in  this  iuhl    ii<*-.  extm-.i- 
it  the  niouvy.     Thuuloaif 
lus  for  II  \«1""''''  consiilm 
covevumen..   Had  licin  a- 
lilitv  was  t/^  be  claiiiiwl  oi 
to  VoUect  the  nmiicy,  ui>.i 
■i.-t  ?     What  had  tlin«-| 
.roloct  the  riphts  of  tk'S 
il  ueRotiated  from  17M  to 
nee  and  zeal  and  talent  »!• 
in  the  history  of  diplomacy, 
nee  minister  after  miiiL-ttr. 
)caisions,  extraordinary  ims- 
'  several   individuals,    lie- 
800,  it  had  equipped  lli.«u 
led  millions  in  warlike  \»' 
y  sent  forth  its  citizens  M 
o  force  the  payment  uf  iIk 
'  now  to  be  told,  that  « 
Ibrts  had  created  a  liubilii 
he  money  1    'i'biit  tue  m\ 

been  taxed  to  pay  the  «• 
.nc  negotiations,  and  of  -lul 

were  to  be  further  ta.wlu 

aims  as  we  had  lailcdtuo; 


in"' 
|.vi«, 


.  J    111'  rould  never  conwnt  to  diuh  a  dedue* 

,'„n  from  •""'''  prfiniiM'H. 
-But,  Mr.  I'n'xidtnt,  sAid  Mr.  W.,  then*  U 
luTvirW  of  thii4  Hiibji.t,  pliuvd  ii|ii>ll  tliid 
wliicli  niidiTS  this  bill  of  tiilliiic  inqioi- 
Tfi  tho  ronipari-ion.  If  the  fiiluro  to 
^l|,rt  llie^i'  ''l»iins  biH  cr.  arod  ih"  liability  to 
nirtln'i".  tl'"t  liabil'ty  poii*  to  the  extent  of 
Si'd.iinK  proved,  and  tlm  iiit  •rest  u|)on  them,  j 
,„'„  l,,a  piirtial,  and  lerhaps  trillin;.',  dividend. 
Will),  till  n,  would  undertake  lo  say  what  i 
iiiioiiiit  iif  ••hums  minht  not  be  proved  duriiij; 
ill,'  ..tiite  of  thinjt-t  he  had  descnbid,  from  the 
l.niikiiia  out  of  the  war  la'twccn  France  and 
Kii'liiii'l  in  '"•''')  to  the  execution  of  the  treaty, 
i,'i  fftiio  J  For  a  jrreat  portion  of  the  piTiod, 
liii"  niiinii-ijial  regulations  of  France  reijuirtil 
till' ciiptiired  cargoes  to  1h)  not  confiscated,  but 
mill  fur  at  the  market  value  at  the  nort  to 
Uirli  the  vessel  was  destined.  Still  tlio  cap- 
(iiie  woiiM  Ih)  provcrl,  the  value  of  the  c.»r;;o 
n^ irtftino  I,  before  the  commission  which  the 
hill  priijioses  to  establish ;  and  who  would 
niiinie  tlie  proof  that  the  same  carj^o  was  paid 
lor  hv  the  French  poverument  1 

•This  principle,  howeviT,  Mr.  W.  said,  went 

iniiili  further  than  the  whole  subject  of  the  old 

Fnnch  elainis.     It  extended  to  all  claims  for 

|i)liations  ujion  our  commerce,  sinco  the  cxist- 

iia.  (if  the  irovernmont,  which  we  liad  failed  to 

olleet.      \Vlio  coidd  say  where  the   liability 

iiiiJiUnil  ?    In  how  many  cases  had  claims  of 

ills  cliaracter  been  Betllcd  by  treaty,  what  had 

en  polhcled  in  each  case,  and  what  amount 

iiiaiiieil  unpaid,  after  the  release  of  the  foreign 

,  ivemnient  ?    He  had  made  an  unsuccessful 

iffort  to  answer  these  inquiries,  so  far  as  the 

I'l  of  the  state  department  would  furnisli  the 

forinatiiin,  as  ho  had  found  that  it  could  only 

collected  by  an  examination  of  each  indivi- 

lual  claim ;  and  this  would  imjjose  a  labor  upon 

■  department  of  an  unreasonable  character, 

id  would  occupy  more  time  than  remained  to 

rnish  the  information  for  his  use  ui)On  the  pre- 

nt  occasion.    lie  had,  however,  been  favored 

the  Secretary  of  State  with  the  amounts  al- 

iwcd  by  the  commissioners,  the  amounts  paid, 

id  the  rate  of  pay  upon  the  principal,  in  two 

^nt  ea>es,  the  Florida  treaty,  and  the  treaty 

|ith  Denmark.    In  tho  former  instance,  the 

Ivment  \v;i.s  ninety-one  and   two  thirds  per 

ntuin  u]ioii  the  principal,  while  in  the  latter  it 

|Ls  but  thirty-one  in  <1  ono  eiphth  per  centum. 

wime  that  these  tw  i  cases  are  the  maximum 

minimum  of  all  the  cases  where  releases 

0  been  uiven   for  partial    iiayments ;    and 

hij^^A   the   Sen  .to    to    rctiect    upon  the 

koiints  unpaid  which  might  be  called  from  the 

lional  trea-sury,  if  the  principle  were  once  ad- 

jtted  that  a  failure  to  collect  creates  a  liability 

w^y-  .  . . 

IThatinhis  assumption  that  a  liabdity  of 

sort  must  po  to  the  whole  amount  of  the 

ns,  ho  only  took  the  ground  contended  for 

[the  friends  of  this  bill,  he  would  trouble  the 


.*»cni»te  with  anotli.  r  ixfrnrt  fronj  the  npoft  of 
.Mr.  Livingston,  frum  whiih  \w  had  Uforc  rvad 
In  siN'akuig  of  the  amoiint  ulmli  hliould  U'  up< 
propriiilfd,  .Mr.  Living-ton  su\i%; 

'•  '  The  only  reiniuning  in.j.iiiy  is  the  amount ; 
aii'l  on  this  point  the  <'i>nnulttie  ImVi'  had  .-oni.i 
ditllcnlty.  Two  modes  of  liua-nring  tin- com- 
IK'i.  ation  sng^'fstid  them-cUis  ; 

■■  ■  1.  Tliu  actual  lusi  Mi-tuimd  by  the  |Kti- 
tioncrs. 

'•  "J.  Tb'-  value  of  tlu'  a'lvaiilaircs  rrii  ivid, u.4 
the  consiihriition,  by  tlie  I'niud  .states. 

"•Tlielii>l  is  the  one  demanded  l)y  strict 
jusiir-e;  and  is  the  oidy  oim  ihut  Miliities  llw 
word  used  by  the  constitution,  whieli  rei|iiiies 
jii't  compensation,  \shii'h  cannot,  be  naid  to  Imve 
been  made  when  any  thin;^  le-s  thiiii  tlie  full 
value  is  given.  Hut  there  were  ililliciiltie>  which 
appeared  insurnioimlable,  "to  the  aduptiou  of 
this  rule  at  the  present  diiy,  arisinj:  from  the 
midtiplicity  of  the  cliiims,  the  niitiiro  of  the  de- 
jiredations  which  occasioned  them,  the  loss  of 
documents,  cither  by  the  lapse  of  time,  or  tha 
wilful  destruction  of  them  by  the  dciirislutors 
The  committee,  tlierefure,  could  not  niidcrlake 
to  provide  a  specilic  relief  for  each  of  the  peti- 
tioners. Hut  they  have  reconnnended  the  insti- 
tuthm  of  a  board,  to  enter  into  the  investigation, 
and  apportion  a  sinn  which  the  connniltee  have 
recommended  to  bo  approjniui.jd,  pro  ruia. 
among  the  several  claimants.' 

••  '  The  committee  could  not  believe  that  tlio 
amount  of  conipen>aliou  to  the  sullerers  should 
lie  caliuilated  by  the  advantages  secured  to  tlw 
Tnited  States,  because  it  was  not,  according  to 
their  ideas,  the  true  measure.  If  the  pro|»erty 
of  an  individual  bo  taken  for  public  use,  and  the 
government  miscalculate,  and  (hid  that  the  ob- 
ject to  which  they  have  applied  it  hits  been 
injurious  rather  than  beneficial,  the  value  of  the 
property  is  still  duo  to  the  owner,  who  ought 
not  to  sull'er  for  the  false  speculations  which 
havo  been  made.  A  turnpike  or  canal  nuiy  be 
ve'-y  unproductive;  but  the  owner  of  the  land 
wliich  has  been  taken  for  its  construction  is  not 
the  less  entitled  to  its  value.  On  the  other 
hand,  ho  can  have  no  manner  of  right  to  more 
than  the  value  of  his  property,  bo  the  object  to 
which  it  has  been  applietl  ever  so  beneficial.' 

"Hero,  Mr.  W.  said,  were  two  projwsed 
grounds  of  estimating  the  extent  of  the  liability 
of  the  government  to  tho  claimants ;  and  that, 
which  graduated  it  by  tho  value  received  by  the 
government  was  distinctly  Rjected,  while  that 
making  the  amount  of  the  claims  the  mcasuru 
of  liability,  was  as  distinctly  asserted  to  bo  tho 
true  and  just  standard.  He  hoiwd  he  had  shown, 
to  the  satisfaction  of  the  Senate,  that  the  former 
rule  of  value  received  by  the  government  would 
allow  the  claimants  notn  ng  at  all,  wLilo  he  was 
compelled  to  say  that,  upon  the  broad  principle 
that  a  failure  to  collect  creates  a  liability  to  pay, 
ho  could  not  controvert  tho  correctness  of  tho 
conclusion  that  tho  liability  must  be  conunen- 
suratc  with  the  claim.    He  could  coutrovurt,  Uu 


)l 


TIIIKTV  YFARS-  VIEW. 


thotifrht,  successfully,  the  principle,  but  he  couM 
not  the  measure  of  damafres  wlien  the  prineiple 
was  eonreded.  Ho  would  here  conclude  liis  re- 
marks u]><)n  the  points  he  had  noticed,  by  the 
eai'iir'st  fleclaration  that  he  believed  the  passiijie 
ofthisliill  would  ojK-n  more  widely  the  doors 
of  tlu-  i)ulr]ic  treasury  than  any  lej:islation  of 
whi<ii  he  had  any  knowle<l<;e,  or  to  which  Con- 
gress had  ever  yielded  its  assent. 

"  Mr.  W.  said  he  had  a  few  ol)ficrvation.s  to 
offer  relative  to  the  mode  of  legislation  proposed, 
and  to  the  details  of  the  Vjill.  and  he  would  trou- 
ijle  the  .Senate  no  furtlier. 

"His  first  objection,  under  this  head,  was  to 
the  mode  of  legislation.  If  the  government  be 
liable  to  pay  these  claims,  the  claimants  arc 
citizens  of  the  country,  and  Congress  is  as  ac- 
cessible to  them  as  to  other  claimants  who  have 
demands  against  the  treasury.  Why  were  they 
not  permitted,  individually,  to  apply  to  Congress 
to  establish  their  res[K.'clive  claims,  as  other 
claimants  were  bound  to  do,  and  to  receive  such 
relief,  in  each  case,  as  Congress,  in  its  wisdom, 
should  see  tit  to  grant  ?  Why  were  these  claims, 
more  than  others,  grouped  together,  and  at- 
tempted to  be  made  a  matter  of  national  impor- 
tance ?  Why  was  a  commission  to  be  established 
to  ascertain  their  validity,  a  duty  in  ordinary 
cases  discharged  by  Congress  itself?  ^Vcre  the 
Senate  sure  that  much  of  the  importance  given 
to  these  claims  had  not  proceeded  from  this  as- 
sociation, and  from  the  formidable  amount  thus 
presented  at  one  view  ?  Would  any  gentleman 
be  able  to  convince  himself  that,  acting  upon  a 
single  claim  in  this  immense  mass,  he  should 
have  given  it  his  favorable  consideration  ?  For 
his  part,  he  considered  the  mode  of  legislation 
imusual  and  objectionable.  His  principal  ob- 
jections to  the  details  were,  that  the  second 
section  of  the  bill  prescribed  the  rules  which 
should  govern  the  commission  in  deciding  upon 
the  claims,  among  which  'the  former  treaties 
between  the  United  States  and  France '  were 
enumerated  ;  and  that  the  bill  contained  no  de- 
claration that  the  payments  made  under  it  were 
in  full  of  the  claims,  or  that  the  respective  claim- 
ants sliould  execute  a  release,  as  a  condition  of 
receiving  their  dividendr. 

"  The  first  objection  was  predicated  upon  the 
fact  that  the  bill  covered  the  whole  period  from 
the  making  of  the  treaties  of  1778,  to  that  of 
the  30th  September,  1800,  and  made  the  former 
treaties  the  rule  of  adjudication,  when  Congres!.. 
on  the  7th  July,  1708,  by  a  deliberate  legislative 
act,  declared  those  treaties  void,  and  no  longer 
binding  upon  the  United  States  or  their  citizens. 
It  is  a  fact  abundantly  proved  by  the  documents, 
that  a  large  portion  of  the  claims  now  to  be  paid, 
arose  within  the  period  last  alluded  to;  and  that 
treaties  declared  to  be  void  should  bo  made  the 


law  in  determining  what  were  ond  what  vc, 
not  illegal  captures,  duriifg  the  time  that  tU 
were  held  to  have  no  force,  and  when  our  ^itizi  • . 
wei-c  authorized  by  law  to  go  upon  the  liijr;; 
regardless  of  their  provisions,  Mr.  W.  said,  wir 
seem  to  him  to  Ik?  an  absurdity  which  the  1^ 


t'li:i 


would  not  legalize.  He  was  fully  aware  ibi 
the  first  section  of  the  bill  purported  to  prov;.',, 
for  '  valid  claims  to  indemnity  upon  the  Frwif 
government,  arising  out  of  illegal  captures,  ik! 
tentions,  forcible  seizures,  illegal  condenmatiiRi 
and  confiscations;'  but  it  could  not  be  ovcf! 
looke<l  that  illegal  captures,  condemnations,  jn,! 
confiscations,  nuist  relate  entirely  to  the  las' 
which  was  to  govern  the  adjudication ;  anj  f 
that  law  was  a  void  treaty  which  the  claircani. 
were  not  bound  to  observe,  and  did  not  obscnt 
was  it  not  more  than  possible  that  a  captun. 
condemnation,  or  confiscation  might,  by  cfjm 
pulsion,  be  adjudged  illegal  under  the  rule  tixe.1 
by  the  bill,  while  that  same  capture,  condcmna. 
tion,  or  confiscation,  was  strictly  legal  under  the 
laws  which  governed  the  commerce  of  the  claim. 
ant  when  the  capture  was  made  ?  He  must  suv 
that  it  appeared  clear  to  his  mind  that  the  nit 
of  adjudication  upon  the  validity  of  claims  of  tin.  i 
description,  should,  in  all  cases,  be  the  same  ru], 
which  governed  the  commerce  out  of  which  tht 
claims  have  arisen. 

"  His  second  objection,  Mr.  W.  said,  was  iiia(!« 
more  as  a  wish  that  a  record  of  the  intentions 
of  the  present  Congress  should  be  pre.^crveij 
upon  the  face  of  the  bill,  than  from  any  idea  that 
the  provision  suggested  would  afford  the  least 
protection  to  the  public  treasury.     Every  daT.s 
legislation  showed  the  futility  of  the  insertion 
in  an  act  of  Congress  of  a  declaration  that  ili«  | 
appropriation  made  should  be  in  full  of  a  claim; 
and  in  this,  as  in  other  like  cases,  should  tliL<  I 
bill  pass,  ho  did  not  expect  that  it  would  be, 
in  practice,  any  thing  more  than  an  instalment  I 
upon  the  claims  which  would  be  sustained  befoi?  I 
the  commission.     The  files  of  the  state  dcpri-  [ 
ment  would  contain  the  record  evidence  of  tke  I 
balance,  with  the  admission  of  the  gOTernment.  I 
in  the  passage  of  this  bill,  that  an  equal  liabilitj  I 
remained  to  pay  that  balance,  whatever  it  mijd^^t  I 
be.   Even  a  release  from  the  respective  clainiami  I 
he  should  consider  as  likely  to  have  no  otlierl 
eflect  than  to  change  their  futifro  applications  I 
from  a  demand  of  legal  right,  which  they  doit  | 
assume  to  have,  to  one  of  equity  and  favor; 
he  was  yet  to  see  that  the  latter  would  .not  Itl 
as  successful  as  the  former.    He  must  give  biil 
vote  against  the  bill,  whether  modified  in  ilati 
particular  or  not,  and  he  should  do  soundertltl 
most  full  and  clear  conviction,  that  it  was  aprt-F 
position  fraught  with  greater  dangers  to  m 
public  treasury,  than  any  law  which  had  m\ 
yet  received  the  assent  of  Congress." 


ANNO  1835.     ANDREW  JACKSON.  TRKSIDEXT. 


505 


uidity  which  tho   

e  was  fully  awnrc  ths; 
jill  purporti'd  to jirovi;, 
lemnity  »ipon  the  Frtnci 
t  of  illegal  captures,  ik, 
es,  illegal  condcnmatii.ni, 
t  it  could  not  be  over- 
iires,  condemnations,  we. 
late  entirely  to  the  U.v 
the  adjudication ;  and  f 
;aty  which  the  claimsm- 
ervc,  and  did  not  obstnt, 
1  possible  that  a  captnrv 
iscation    mipht,  by  com- 
legal  under  the  rule  tixbl 
same  capture,  condemni- 
■as  strictly  legal  under  tht 
he  commerce  of  the  claiis- 
was  made  ?     lie  m\ist  fsy 
to  his  mind  that  the  ml* 
he  validity  of  claims  of  tli: 

all  cases,  be  the  same  ru'« 
ommercc  out  of  which  tht  j 

ion,  Mr.  W.  said,  was  mai 
a  record  of  the  intcntiwii 
jress  should  be  presorvel 
jill,  than  from  any  idea  that 
,cd  would  afford  the  least 
lie  treasury.    Every  day'j 
16  futility  of  the  insertioj 
;  of  a  declaration  that  the 
hould  be  in  full  of  a  claim; 
ler  like  cases,  should  thL« 
expect  that  it  would  he, 
^  more  than  an  instalment 
Ai  would  be  sustained  hefore 
le  files  of  the  state  depan- 
the  record  evidence  of  the 
nission  of  the  governmeiii. 
bill,  that  an  equal  liabilitt 
balance,  whatever  it  mijtt 
om  the  respective  claimami 
IS  likely  to  have  no  other  I 
e  their  futvfre  applicatwl 
gal  right,  which  they  noil 
ne  of  equity  and  favor;  anil 
it  the  latter  would  .not  be  I 
former.    He  must  give  his  j 
■whether  modified  in  ilsil 
d  he  should  do  so  under  the  I 
onviction,  that  it  was  a  pn-l 
th  greater  dangers  to  the  I 
1  any  law  which  had  ewl 
;nt  of  Congress." 


CHAPTER    CXIX. 

Irts''"  ?i'Oi.iA'ri()XS-Mn.  ■\vi;iistkus  si-kicch. 

•  Xiir  nuc;tion,  sir,  involved  in  this  case,  is  es- 

.  ,ij,j.,llv  a,  jtiilieinl  question.     It  is  not  a  question 

I.,!' public  policy,  but  a  question  of  private  right ; 

la ,  iieJtion  between  the  government  and  the  pe- 

i;ti  mors :  and,  as  the  government  is  to  be  judge 

ij,  its  own  ca.'^c,  it  would  seem  to  be  the  duty 

j,il  its  members  to  examine  the  subject  with  the 

,io<t  iicnii)ulo<is  good  faith,  and  the  most  soli- 

itims  desire  to  do  justice. 

•There  is  a  propriety  in  commencing  the  ex- 

minaiion  of  these  claims  in  the  Senate,  because 

it  was  the  Senate  which,  by  its  amendment  of 

lictit'atvof  1800,  and  its  subseqtient  ratifica- 

ioii  of  that  treaty,  and  its  recognition  of  the 

liclaration  of  the  French  government,  effectually 

,:ea.<ed  the  claims  as  against  France,  and  for 

lurcut  ofl'thc  petitioners  from  all  hopes  of  rc- 

55  from  that  quarter.    The  claims,  as  claims 

in.<t  our  own  government,  have  their  foundii- 

n  in  tliese  acts  of  the  Senate  itself;  and  it 

IV  certainly  be  expected  that  the  Senate  will 

nVider  the  effects  of  its  own  proceedings,  on 

ivatc  rights  and  private  interests,  with  that 

iilor  and  justice  which  belong  to  its  high  char- 

jctor. 

•  It  ouRlit  not  to  be  objected  to  these  peti- 

lonors,  that  their  claim  is  old,  or  that  they  arc 

bff  reviving  any  thing  which   has  heretofore 

in  abandoned.   There  has  been  no  delay  which 

[not  reasonably  accounted  for.     Tlie  treaty  by 

aich  the  claimants  say  their  claims  on  France 

r  these  captures  and  confiscations  were  released 

1$  concluded  in  1800.    They  immediately  ap- 

iedto  Congress  for  indemnity,  as  will  be  seen 

r  the  report  made  in  1802,  in  the  House  of 

Ipresentativcs,  by  a  committee  of  which  a  dis- 

luished  member  from  Virginia,  not  now  living 

it,  Giles],  was  chairman. 

"In  1807,  on  the  petition  of  sundry  merchants 

1  others,  citizens  of  Charleston,  in  South  Ca- 

^na,  a  committee  of  the  House  of  Representa- 

|es,of  which  Jlr.  Marion,  of  that  State,  was 

|irman,  made  a  report,  declaring  that  the 

Bmittee  was  of  opinion  that  the  government 

khc  United  States  was  bound  to  indemnify 

j  claimants.    But  at  this  time  our  affairs  with 

[European  powers  at  war  had  become  exceed- 

Iv  embarrassed ;  our  government  had  felt 

Bf  compelled  to  withdraw  our  commerce  from 

locciin;  and  it  was  not  until  after  the  con- 

|ion  of  the  war  of  1812,  and  after  the  general 

fication  of  Europe,  that  a  suitable  opportunity 

bred  of  presenting  the  subject  again  to  the 

pus  consideration  of  Congress.    From  that 

I  the  petitioners  have  been  constantly  before 

^nd  the  period  has  at  length  arrived  proper 

1  final  decision  of  their  case. 


"  Another  objection,  sir,  has  been  urjri'd  against 
tbrsi'cliiims.  well  c.iloulute'l  todiiniiii-b  tlietlivor 
with  which  they  inij:bt  otlicrwisc  Ik-  rea-iviti, 
and  whieb  is  without  any  substantial  t'oiiiidation 
in  fact.  It  is,  that  a  gn'at  portion  (<{'  tbeui  hii.s 
been  bought  up,  as  a  matter  of  s|i<'tMiliilion,  un<l 
it  is  now  holden  by  these  llU^(•ll:l^e^s.  it  h.i* 
even  la'cn  said,  I  think,  on  the  lloor  of  the  Se- 
nate, that  nine  tenths,  or  ninety  Imiviredlhs,  of 
all  the  claims  are  owned  by  speculate u-s. 

'•  Such  unfounded  statements  are  not  only 
wholly  unjust  towards  these  iH'titioners  them- 
selves, but  they  do  great  mi.schief  to  other  inter- 
ests. I  have  observed  that  a  French  gentleman 
of  distinction,  formerly  a  resident  in  this  country, 
is  repr,'sented  in  the  public  newspapers  asbaving 
declined  the  otl'cr  of  a  scat  in  the  French  ad- 
ministration,, on  the  ground  that  he  could  not 
support  the  American  treaty  ;  ami  he  could  not 
support  the  treaty  because  he  had  learned,  or 
heard,  while  in  America,  that  the  claims  were  no 
longer  the  property  of  the  original  sutlerers,  but 
had  passed  into  unworthy  hand.*.  If  any  such 
thing  has  been  learned  in  the  United  States,  it 
has  been  learned  from  sources  entirely  incorrect. 
The  general  fact  is  not  so;  and  this  prejudice, 
thus  operating  on  a  great  national  interest— an 
interest  in  regard  to  which  we  are  in  <langer  of 
being  seriously  embroiled  with  a  foreign  state- 
was  created,  doubtless,  bj'  the  siime  incorrect 
and  uiifotuided  assertions  which  have  been  made 
relative  to  this  other  class  of  claims. 

"  In  regard  to  both  classes,  and  to  all  classes 
of  cliiinis  of  American  citizens  on  foreign  govern- 
ments, the  statement  is  at  variance  with  the 
facts.  Those  who  make  it  have  no  jiroof  of  it. 
On  the  contrary,  incontrovertible  evidence  ex- 
ists of  the  truth  of  the  very  reverse  of  this  state- 
ment. The  claims  against  France,  since  18uO, 
ire  now  in  the  course  of  adjudication.    They  are 

1,  or  verj-  nearly  all,  presented  to  the  proper 
t.  bunal.  Proofs  accompany  them,  and  the 
ruies  of  the  tribunal  require  that,  in  each  case, 
the  true  ownership  should  be  fully  and  exactly 
set  out,  on  oath;  and  be  proved  by  the  papers, 
vouchers,  and  other  evidence.  Now,  sir,  if  any 
man  is  acquainted,  or  will  make  himself  ac- 
quainted, with  the  proceedings  of  this  tribunal, 
so  far  as  to  see  who  are  the  parties  claiming 
the  indemnity,  he  will  see  the  absolute  and 
enormous  error  of  those  who  represent  these 
claims  to  bo  owned,  in  great  part,  by  specu- 
lators. 

■'  The  truth  is,  sir,  that  these  claims,  as  well 
those  since  1800  as  before,  are  owned  and  pos- 
sessed by  the  original  sufiereis,  with  such 
changes  only  as  happen  in  regard  to  all  other 
property.  The  original  owner  of  ship  and  cargo 
his  representative,  where  such  ovciier  is  dead 
underwriters  who  have  paid  loss's  on  account 
of  captures  and  confiscations ;  and  creditors  of 
insolvents  and  bankrupts  who  were  interested 
in  the  claims — these  are  the  descriptions  of 
persons  who,  in  all  these  cases,  own  vastly  the 
larger  portion  of  the  claims.    This  is  true  of 


50G 


THIRTY  YEARS'  VIEW. 


the  claims  on  Spain,  a.i  is  most  manifest  from 
the  jiroci'cilin'.'-t  of  tlm  coinmisKionors  under 
the  Spanish  treaty.  It  is  true  of  the  claims 
on  FrancL'  arisinf?  Kinco  1800,  as  is  equally 
manifest  hy  the  proceedinps  of  the  commis- 
sioners now  silting;  and  it  is  equally  true  of 
the  claims  which  are  tlie  siihji'ct  of  this  dis- 
cussion, and  i>rovided  for  in  this  bill.  In  some 
instances  claims  have  been  assigned  from  one 
to  another,  in  the  settlement  of  family  allTairs. 
Thi'y  liave  been  transferred,  in  other  instances, 
to  secure  or  to  pay  debts ;  they  have  been 
transferred,  .'■oinecimes,  in  the  settlement  of  in- 
surance accounts ;  and  it  is  probable  there  arc 
a  few  casus  in  which  the  necessities  of  the  liold- 
ers  have  compelled  them  to  .sell  them.  But 
nothing  can  be  further  from  the  truth  than  that 
they  have  Ijeen  the  peneral  subjects  of  purchase 
and  sale,  aixl  that  they  arc  now  holden  mainly 
by  purchasers  from  the  original  owners.  They 
have  been  compai'cd  to  the  unfunded  debt.  But 
that  consisted  in  scrip,  of  lixed  amount,  and 
which  passed  from  hand  to  hand  by  delivery. 
These  claims  cannot  so  pass  from  hand  to  hand. 
In  each  case,  not  only  the  value  but  the  amount 
is  uncertain.  \V'hether  there  be  any  claim,  is 
in  each  case  a  matter  for  investigation  and 
proof ;  and  so  is  the  amount,  when  the  justice  of 
the  claim  itself  is  established.  These  cii'cum- 
stances  are  of  themselves  quite  sufficient  to  pre- 
vent the  easy  and  frequent  transfer  of  the  claims 
from  hand  to  hand.  They  would  lead  us  to 
expect  that  to  happen  which  actually  has  hap- 
pened ;  and  that  is,  that  the  claims  remain  with 
their  original  owners,  and  their  legal  heirs  and 
representatives,  with  such  exceptions  as  I  have 
already  mentioneil.  As  to  the  portion  of  the 
claims  now  owned  by  underwriters,  it  can  hardly 
be  necessary  to  say  that  they  stand  on  the  same 
equity  and  justice  as  if  possessed  and  presented 
by  the  owners  of  ships  and  goods.  There  i 
no  more  universal  maxim  of  law  and  justic- , 
throughout  the  civilized  and  commercial  wor.d, 
than  that  an  underwriter,  who  has  paid  a  loss 
on  ships  oi  merchandise  to  the  owner,  is  entitled 
to  whatever  may  be  received  from  the  property. 
His  right  accrues  by  the  very  act  of  payment ; 
and  if  the  property,  or  its  proceeds,  be  after- 
wards recovered,  in  whole  or  in  part,  whether 
the  recovery  be  from  the  sea,  from  captors,  or 
from  the  justice  of  foreign  states,  such  recovery 
is  for  the  beneiit  of  the  underwriter.  Any  at- 
tempt, therefore,  to  prejudice  these  claims,  on 
the  ground  that  many  of  them  belong  to  insur- 
ance companies,  or  other  underwriters,  is  at  war 
with  the  lirst  principles  of  justice. 

"A  short,  but  accurate,  general  view  of  the 
liistory  and  character  of  these  claims  is  prc- 
Kcnted  in  the  report  of  the  Secretary  of  State, 
pn  the  20th  of  xMay,  1820,  in  compliance  with  a 
resolution  of  the  Senate.  Allow  me,  sir,  to  read 
the  paragraphs : 

" '  The  Secretary  can  hardly  suppose  it  to 
have  been  the  intention  of  the  resolution  to  re- 
quire the  expression  of  an  argumentative  opinion 


as  to  the  degree  of  rcsponsibdity  to  the  Am 
can  Bulferers  from  French  S|M)liations,  whirl, ,^, 
convention  of  IhUO  extinguislied.  on  the  t^^'>  j 
France,  or  devolved  on  the  United  States  i; 
Senate  itself  being  most  comjjctent  to  d,',,, 
that  question.    Under  this  impression,  he  h.tM  i 
that  be  will  have  sufficiently  conforin'id  ti  '■' 
purpi'.-f'S  of  the  Senate,  by  a  brief  stiitcnui* 
prepared  in  a  hurried  moment,  of  wliat  lie  i" 
derstands  to  be  the  question. 

" '  The  second  article  of  the  convention  ,, 
1800  was  in  the  following  words :  "  'i'hc  mH^ 
ters  plenipotentiary  of  the  two  parties,  not  u| 
ing  able  to  agree,  at  present,  respectiiij;  \C 
treaty  of  alliance  of  the  0th  of  February  i;;<' 
the  treaty  of  amity  and  commerce  of  the  sanu  [ 
date,  and  tiie  convention  of  the  14tli  of  XoTtj).! 
her,  1788,  nor  upon  the  indemnities  ramim]]-! 
due  or  claimed,  the  parties  will  negotiate  furtt^l 
on  these  subjects,  at  a  convenicui  time ;  ani  I 
until  they  may  have  avjrecd  upon  these  point:  J 
the  said  treaties  and  convention  shall  have » I 
operation,  and  the  relations  of  the  two  coi&l 
tries  shall  be  regulated  as  follows."  ! 

" '  When  that  convention  was  laid  before  tkl 
Senate,  it  gave  its  consent  and  advice  that  J 
should  be  ratified,  provided  that  the  sccondariJ 
clc  be  expunged,  and  that  the  following  artioJ 
be  added  "r  inserted :  "  It  is  agreed  Uiat  ilnl 
present  f  o:  ,  m  shall  l)e  in  force  for  the  ttml 
of  eight  ^  . ;  irixn  the  time  of  the  exchanperfl 
the  rati;  ■':  ■  <^  j"  and  it  was  accordin;rly  sol 
ratified  Viy  the  President  of  the  United  i^tatRl 
on  the  18th  day  of  February,  1801.  On  titl 
31st  of  July  of  the  same  year,  it  was  ratiwi 
by  Bonaparte,  First  Consul  of  the  French  P^l 
public,  who  incorporated  in  the  insti-uinent  (J 
his  ratification  the  folloM'ing  clause  as  parttJ 
it :  "  The  government  of  the  United  States,  bl 
ing  added  to  its  ratification  that  the  conventidf 
should  be  in  force  for  the  space  of  eight  raj 
and  having  omitted  the  second  article,  the  r-itl 
ernment  of  the  French  Republic  consentn 
accept,  ratify,  and  confirm  the  above  conventia 
with  the  addition,  importing  that  the  conv»| 
tion  shall  be  in  force  for  the  space  of  eight  yci 
and  with  the  retrenchment  of  the  second  i 
cle:  /'roi'Wef/,  That,  by  this  retrenchment,! 
two  states  renounce  the  respective  prctcmioj 
which  are  the  object  of  the  said  article," 

" '  The  French  ratification  being  thus  coml 
tional,  was,  nevertheless,  exchanged  against  tbi 
of  the  United  States,  at  Paris,  on  the  same  3 
of  July.    The  President  of  the  United  St» 
considering  it  necessary  again  to  suhmitt 
'convention,  in  this  state,  to  the  Senate,  ( 
19th  day  of  December,  1801,  it  was  resolrdlj 
the  Senate  that  they  considered  the  said  conre 
tion  as  fully  ratified,  and  returned  it  to  theP 
sident  for  the  usual  promulgation.    Itwasi 
cordingly  promulgated,  and  thereafter  rep 
as  a  valid  and  binding  compact.    The  two  o 
tracting  parties  thus  agix»ed,  by  the  retreid 
ment  of  the  second  article,  mutually  to  renoi 
the  respective  pretensions  which  were  the  i 


ANNO  18av     AM>liK\V  JACKSON.  riil>lI)KNT. 


r,()7 


ipoiisibility  to  tlie  Atno 
jncli  siniiiaticns.  which  ti 
ctiufniisbed.  on  tin/  jian.' 
on  the  l-'nitcd  StatiM;. 
nost  coinpt'tent  to  dm . 
r  tliU  iinpifssicm,  he  b,],, 
Riciently  conforimd  t,  t;< 
lite,  by  a  britf  stiitcnui;; 
1  moment,  of  whut  Ik  c, 
nicstion. 

icle  of  the  convention  </ 
)wing  words :  "  'I'lic  mins 
of  the  two  parties,  nut  U 
at  present,  respecting  tl^' 
the  Gth  of  February,  i;;< 
and  commerce  of  the  sani{ 
ition  of  the  14th  of  Xontn. 
I  the  indemnities  mutuallT 
lartics  will  negotiate  furtU'r 
ftt  a  convenior.i,  time;aiil! 
3  aijrced  npon  these  point! 
nd  "convention  shall  havcnu 
relations  of  the  two  coi&j 
itcd  as  follows.'^ 
(ivention  was  laid  before  t!j 
consent  and  advice  that! 
provided  that  the  secondare 
id  that  the  followini;  articlt 
ted:  "It  is  agreed  llmtl* 
shall  l)e  in  force  for  the  ttral 
ti  the  time  of  the  exchangee) 
'  and  it  was  accordingly » 
psident  of  the  United  Stats, 
fof  February,  1801.   On  tki 
le  same  year,  it  was  ratifs^ 
it  Consul  of  the  French  P* 
lorated  in  the  instmraent  (jl 
^  following  clause  as  part  ((I 
lent  of  the  United  States,  harJ 
itillcation  that  the  conventioul 
for  the  space  of  eight  yeaii,! 
•d  the  second  article,  the  jitif 
Jrench  Republic  consent! 
confirm  the  above  conver.tio 
I  importing  that  the  com»| 
rce  for  the  space  of  eight  ys 
enchment  of  the  secoiwl  i 
lat,  by  this  retrenchment,  tl 
ice  the  respective  pietcnr 
ect  of  the  said  article." 
ratification  being  thus  c« 
thcless,  exchanged  against  ti 
.tes,  at  Paris,  on  the  samcSli 
resident  of  the  United  Sttf 
jcessary  again  to  suhmif 
is  state,  to  the  Senate, on- 
mber,  1801,  it  was  i-esoldl 
ley  considered  the  said  cm 
led,  and  returned  it  to  the  I 
mal  promulgation.    It  wis i 
Igatcd,  and  thereafter  rep 
nding  compact.    The  two  i 
thus  agreed,  by  the  retrem 
nd  article,  mutually  to  renon 
rctcnsions  which  were  thei 


,,[  of  that  article.     The  pretensions  of  the 

i.j.eii  Mates,  to  which  allu8ion  is  tinis  made, 

nw  iiMt  >'f  tlic  spoliations  under  color  of  French 

kiiihority.  i"  ctintravention  of  law  and  existing 

f   ,jgj,_  'i'i,()?e  of  France  spnmg  from  the  treaty 

fci  a!;ir>'ici'  of  the  <>th  of  February,  1778.  the 

L,vv(ifai"'ty  "'"'  commerce  of  the  same  date, 

"  jiif  convention  of  the  I4th  of  November, 

,,.  Whatever  obligations  or  indemnities,  from 

^,.!o  .sources,  either  party  had  a  right  to  de- 

nind.were  respectively  waived  and  abandoned ; 

ml  the  consideration  which  induced  one  party 

p  notince  his  pretensions,  wu?  that  of  renun- 

fliion  hv  the  other  party  of  his  pretensions. 

ihat  was  the  value  of  the  obligations  and  in- 

Unitics.  so  rccijjrocally  renounced,  can  only 

<  matter  of  speculation.    The  amount  of  the 

bdeninities  due  to  the  citizens  of  the  United 

atis  was  very  large ;  and,  oji  the  other  hand, 

obligation  was  great  (to  specify  no  other 

rencli  iiretensions),  under  which  the  United 

ijitis  were  placed,  in  the  eleventh  article  of  the 

Ifatv  of  alliance  of  the  Cth  of  February,  1778, 

r  which  they  were  bound  for  ever  to  guarantee 

1  that  time  the  then  possessions  of  the 

►own  of  France  in  America,  as  well  as  those 

liich  it  might  acquire  by  the  future  treaty  of 

iF.ce  with  Great  Britain ;  all  these  possessions 

ym"  been,  it  is  believed,  conquered  at,  or  not 

b;  aftir,  tl"^  excliauge  of  the  ratifications  of 

J  convention  of  September,  1800,  by  the  arms 

|t;reat  Bi  itain,  from  France. 

•Tlie  lit'ih  article  of  the  amendments  to  the 

Bstiiiition  iirovicles:  "Nor  shall  p:nvato  pro- 

■  be  taken  for  public  use,  witho"!.  just  com- 

jisatiim."     If  the  indemnities  to  which  citi- 

of  the  United  States  were  entitled  for 

tneh  sfioliations  prior  to  the  30th  of  Septem- 

,  18IKI.  have  been  appropriated  to  absolve  the 

|ted  States  from  the  fulfilment  of  an  obliga- 

which  they  had  contracted,  or  fi"om  the 

finent  of  indemnities  which  they  were  bound 

make  to  France,  the  Senate  is  most  compe- 

t  to  determine  how  far  such  an  appropriation 

,  public  use  of  private  property  within  the 

lit  of  the  constitution,  and  whether  equitable 

^iderations  do  not  require  some  compensa- 

I  to  be  made  to  the  claimants.    The  Senate 

Iso  best  able  to  estimate  the  probability 

jch  existed  of  an  ultimate  recovery  from 

^cc  of  the  amount  due  for  those  indemnities, 

ley  had  not  been  renounced ;   in  making 

ph  estimate,  it  will,  no  doubt,  give  just  weight 

he  painful  consideration  that  repeated  and 

nt  appeals  have  been,  in  vain,  made  to  the 

jicc  of  France  for  satisfaction  of  flagrant 

ps  committed  upon  property  of  other  citi- 

1  of  the  United  States,  subsequent  to  the 

1  of  the  30th  of  September,  180O.» 

tieforc  the  interference  of  our  government 

[these  claims,  they  conutituted  just  demands 

\(t  the  povermient  of  France.    They  were 

TOjruc  expectations  of  pos.sible  future  in- 

kity  for  injuries  received,  ti^  imcertain  to 

)garded  as  valuable,  or  be  esteemed  pro- 


perty. They  wore  jnst  demand-',  lui-l.  ns  such, 
they  were  projHTty.  'Hie  toiiris  i.l  liuv  took 
notice  of  them  as  projxrty.  'Ilifv  \v»  rr  cnpalda 
of  being  devised,  of  biing  'iisliilnited  amon<» 
heirs  and  next  of  kin,  and  of  luinir  tnuisferriMi 
and  assigned,  like  other  le<.'!il  and  in -t  'ielits.  A 
claim  or  denmnd  for  a  ."-hip  iinju.-tly  s(i/eil  and 
confiscated  is  proi>erty,  as  cleaily  as  the  ship 
it.'ielf.^  It  may  not  be  so  valnatilo.  or  so  wrtain  ; 
but  it  is  as  clear  a  right,  and  has  been  iniifonnly 
so  regarded  l)y  the  courts  of  law.  The  pajiers 
show  that  American  citizens  had  claims  ajrainst 
the  French  government  for  six  hundred  and  fif- 
teen vessels  unlawfully  seized  and  coniiscateil. 
If  this  were  so,  it  is  diflicult  to  see  how  the  gov- 
ernment of  the  United  States  can  relea.<e  these 
claims  for  its  own  benefit,  with  any  more  pro- 
priety than  it  could  have  applied  the  money  to 
its  own  use,  if  the  French  government  had  been 
ready  to  make  compensation,  in  money,  fur  the 
property  thus  jllegally  seized  and  confiscated ; 
or  how  the  government  could  appropriate  to  it- 
belf  the  just  claims  which  the  owners  of  these 
six  hundred  and  fifteen  vessels  held  against  tb.e 
wrong-doers,  with</ut  making  comjiensation,  any 
more  than  it  could  appropriate  to  itself,  without 
making  compensation,  six  hundred  and  lifteen 
ships  which  h:'  '  not  been  seized.  1  do  not  mean 
to  say  that  tlu  e  of  compensation  should  be 
the  same  in  bo,  i.ses ;  1  do  not  mean  to  say 
that  a  claim  for  ;  ip  is  of  as  niucli  value  as  a 
ship;  but  I  mean  say  that  both  t'e  one  and 
the  other  are  property,  and  that  government 
cannot,  with  justice,  deprive  a  man  of  either,  for 
its  own  benefit,  without  making  a  fair  compen- 
sation. 

"It  will  be  perceived  at  once,  sir,  that  these 
claims  do  not  rest  on  the  ground  of  any  neglect 
or  omission,  on  the  part  of  the  government  of 
the  United  States,  in  demanding  satisfaction  trom 
Franco.  That  is  not  the  ground.  The  govern- 
ment of  the  United  States,  in  that  respect,  per- 
formed its  full  duty.  It  remonstrated  against 
these  illegal  seizureo  ;  it  insisted  on  redress ;  it 
sent  two  special  'Tiissions  to  France,  charged  ex- 
pressly, among  other  duties,  with  the  duty  of 
demanding  indemnity.  But  Francs  had  her  sub- 
jects of  complaint,  also,  against  the  government 
of  the  United  States,  which  she  pressed  with 
equal  earnestness  and  confidence,  and  which  she 
would  neither  postpone  nor  relinquish,  except 
on  the  t  ndition  that  the  United  States  would 
postpone  or  itlinquish  these  claims.  And  to 
meet  this  condition,  and  to  restore  hanuony  be- 
tween the  two  nations,  the  United  States  did 
agree,  first  to  postpone,  and  afterwards  to  relin- 
quish, these  claims  of  its  own  citizens.  In  other 
words,  the  government  of  the  United  States 
bought  off  the  claims  of  France  against  itself, 
by  discharging  claims  of  our  own  citizens  against 
Franco. 

"  This,  sir,  is  the  ground  on  which  the.iO  citi- 
zens think  they  have  a  claim  for  reasonable  in- 
dcnmity  against  their  own  government.  And 
uow.  sir,  Ix'lbre  proceeding  to  the  disputed 


508 


THIRTY  YEARS'  VIEW. 


part  of  the  case,  permit  mc  to  state  what  is  ad- 
mitted. 

"Ill  tlio  first  plaro,  then,  it  is  universally  ad- 
mitted llmt  tiieso  jii'titioners  once  had  just 
claims  nfrainst  tlic  poverninent  of  France,  on  ac- 
count of  tiiesc  illegal  captures  and  condemna- 
tions. 

"In  the  next  place,  it  is  admitted  that  these 
claims  no  loii(,er  exist  against  France;  that  they 
}iave,  in  some  way,  been  extinfruished  or  re- 
leased, as  to  her ;  and  that  she  L  for  ever  dis- 
charf^ed  from  all  duty  of  paying  or  satisfying 
them,  in  whole  or  in  part. 

"  These  two  points  being  admitted,  it  is  then 
necessary,  in  order  to  supprit  the  present  bill, 
to  maintain  four  propositions : 

"  1.  That  these  claims  subsisted  against  France 
up  to  the  time  of  the  treaty  of  September,  181)0, 
between  France  and  the  Uniied  States. 

"  2.  'J'lmt  they  were  released,  surrendered,  oi 
extinguished  by  that  treaty,  its  amendment  in 
the  Senate,  and  the  manner  of  its  linal  ratifica- 
tion. 

'•  3.  That  they  were  thus  released,  surrender- 
ed, or  extinguished,  for  political  and  national 
considerations,  for  objects  and  purposes  deemed 
ijiportant  to  the  United  States,  but  in  which 
these  claimants  had  no  more  interest  than  any 
other  citizens. 

"4.  That  the  amount  or  measure  of  indem- 
';ity  proposed  by  this  bill  is  no  more  than  a  fair 
and  reasonable  compensation,  so  far  as  we  can 
judge  by  what  has  been  done  in  similar  cases. 

"1.  Were  those  subsisting  claims  against 
Franco  up  to  the  time  of  the  treaty  ?  It  is  a 
conclusive  answer  to  this  question,  to  say  that 
the  government  of  the  United  States  insisted 
that  they  did  exist,  up  to  the  time  of  the  treaty, 
and  demanded  indemnity  nr  them,  and  that  the 
French  government  fully  admitted  their  exist- 
ence, and  acknowledged  its  obligation  to  make 
sucii  indemnity. 

"The  negotiation,  which  terminated  in  the 
treaty,  was  opened  by  a  direct  proposition  for 
indemnity,  made  by  our  ministers,  the  justice 
aud  propriety  of  which  was  immediately  acceded 
to  by  the  ministers  of  France. 

"  On  the  7th  of  April,  1800,  in  their  first  let- 
ter to  the  ministers  of  France,  Messrs.  Ells- 
worth, Davie,  and  Murray,  say : 

'• '  Citizen  ministers ; — The  undersigned,  ap- 
preciating the  value  of  time,  and  "/ishing  by 
frankness  to  evince  their  sincerity,  enter  directly 
upon  the  great  object  of  their  mission — aa  ob- 
ject which  they  believe  may  be  best  obtained 
by  avoiding  to  retrace  minutely  the  too  well- 
known  and  too  painful  incidents  which  have 
rendered  a  negotiation  necessary. 

"  '  To  satisfy  the  demands  of  justice,  and  ren- 
der a  reconciliation  cordial  and  permanent,  they 
propose  an  arrangement,  such  as  shall  be  com- 
patible with  national  honor  and  existing  circum- 
stances, to  ascertain  and  discharge  the  equitable 
rlaims  of  the  citizens  of  either  nation  upon  the 
9tber,  whether  founded  on  contract,  treaty,  or 


F'ft.l 


the  law  of  nations.  The  way  being  thus 
pared,  the  undersigned  will  U'  at  liUrty  to-t!^ 
late  for  that  reciprocity  and  freedom  (,{ J' 
mercial  intercourse  between  the  two  cftiint* 
which  must  essentially  contribute  to  their  n" 
tual  advantage.  ' 

"  'Should  this  general  view  of  the  suhicc;, 
approved  by  the  ministers  plenipotentiary  •* 
whom  it  is  addressed,  the  details,  it  is  pn.itiiiJ' 
may  be  easily  adjusted,  and  that  conlidonc,!^ 
stored  which  ought  never  to  Imvc  btin  shakt- 

"To  this  letter  the  French  ministers  in.i.' 
diately  returned  the  following  answer:        *"' 

" '  The  ministers  plr.iipotentiary  of  the  Ywa 
Republic  have  read  attentively  the  projvjsji,, 
f'.r  a  fdan  of  negotiation  whioh  was  wjminij' 
catcd  to  them  by  the  envoys  extriiordinarv  J 
ministers  plenipoti;ntiary  of  the  United  j^taJ 
of  America. 

"  'They  think  that  the  first  object  of  tU 
totiation  ought  to  be  the  determination  of  li 
regulations,  and  the  steps  to  be  followed  f 
the  estimation  and  indemnification  of  inju]" 
for  which  either  nation  may  make  claim  for 
self,  or  for  any  of  its  citizens.  And  that 
second  object  is  to  assure  the  execution  of  t. 
ties  of  friendship  and  commerce  made  b(t\r« 
the  two  nations,  and  the  accomplishment  of  t' 
views  of  reciprocal  advantages  which  sucHii 
them.'  ^ 

"It  is  certain,  therefore,  that  the  negotiaii 
commenced  in  the  recognition,  by  both  parti 
of  the  existence  of  individual  claims,  and  of  ij 
justice  of  making  satisfaction  for  them ;  and 
is  equally  clear  that,  throughout  the  whole 
gotiation,  neither  party  suggested  that  t 
claims  had  already  been  either  satisfied  or 
tinguished;  and  it  is  indisputable  that  tlictrf. 
itself,  in  tlie  second  article,  expressly  admiti 
their  existence,  and  solcmly  recognized  tiie  lii 
of  providing  ^t  r  them  at  some  futiiru  jieriud 

"  It  will  be  observed,  sir,  that  the  French 
gotiators,  in  their  first  letter,  while  they  ad 
the  justice  of  providing  indemnity  for  indirii 
claims,  bring  forward,  also,  claims  arising  nt 
treaties ;  taking  care,  thus  early,  to  advance 
pretensions  of  France  on  account  of  alleged' 
lations  by  the  United  States  of  the  treaticj 
1778.    On  that  part  of  the  case,  I  shal 
something  herf^after ;  but  I  use  this  first 
of  the  French  ministers  at  present  only  to  a 
that,  from  the  first,  the  French  governnienl 
mitted  its   obligation  to  indemnify  indiv 
who  had  suffered  wrongs  and  injuries. 

"The  honorable  member  from  New-Yoik 
Wright]  contends,  sir,  that,  at  the  time  of 
eluding  the  treaty,  these  claims  had  ee«ii 
exist.  He  says  that  a  war  had  take  ,la« 
tween  the  United  State."  and  France,  and  bj 
war  the  claims  had  become  extinguished,  li 
fer  from  the  honorable  member,  both  as  to 
fact  of  war,  and  as  to  the  consequences  to  \t 
duced  from  it,  in  tliis  case,  even  i'  public 
had  existed.  If  we  admit,  for  argument  a 
that  war  had  existed,  yet  we  find  that,  ra 


f 


ANNO  ls:f,V     ANDUEW  JACKSON,  rrUi^IDKNT. 


r>09 


The  way  beinp  tJms  f^l 
1  will  U-  at  liUrty  to  <\.^,\ 
jcity  and  freedom  ()f  („„  I 
between  tlie  two  ooiir.tml 
lly  contribute  to  thiirn.i.1 

cral  view  of  tlio  Milijict,. 
inisters  pleniiK)tfntian-  ;J 
1,  the  details,  it  is  iir«u"iK^| 
ed,  and  that  conlidcnct » 
never  to  Irnvc  httn  shakn, 
he  French  ministers  in.n^l 

followinp  answer :  I 
ilr.iipotentiary  of  the  Fantl 

attentively  the  iirop<,.iit,.J 
iation  which  was  coniim)rj.| 
ic  envoys  extniordinary  nil 
ntiary  of  tho  United  Su,()| 

lat  the  first  object  of  tU  ^t, 
be  the  determination  cf  ik 
lie  Bteps  to  be  follo\v«iy 
I  indemnification  of  injuni 
tion  may  make  claim  lor  it| 
'  its  citizens.  And  thai  t' 
assure  the  execution  of  ts. 
ind  commerce  made  bctmt 
lid  the  accomplishment  of  tij 
1  advantages  which  .suggesu 

herefore,  that  the  negoiiaii 
1  recognition,  by  both  pani 
individual  claims,  and  of  li 
satisfaction  for  them ;  arii 
ut,  throughout  the  wliolei 
party  suggested  that  tl 
y  been  either  satisfied  or 
t  is  indisputable  that  thctr 
nd  article,  expressly  admi.. 
id  Bolemly  recognized  tlieii 
lera  at  some  future  periud, 
erved,  sir,  that  the  French; 
first  letter,  while  tlieyal 
iriding  indemnity  for  \\Mk 
rard,  also,  claims  arising  la' 
;are,  thus  early,  to  advaDcei 
mce  on  account  of  alleged  i 
lited  States  of  the  treaties! 
part  of  the  case,  I  slial' 
ter ;  but  I  use  this  first 
nisters  at  present  only  toil 
■st,  tho  French  governmenti 
ation  to  indemnify  individi 
wrongs  and  injuries. 
le  member  from  New-York| 
8,  sir,  that,  at  the  time  of  i 
ty.  these  claims  had  cea!«ii| 
that  a  war  had  tak<'  >!■ 
I  State?  and  France,  and bvl 
lad  become  extiniiuislied,  li 
lorable  member,  both  as  tei 
as  to  the  consequences  to  Mi 
x^  tlijs  case,  even  i'  pubki 
we  admit,  for  arguments 
istcd,  yet  wc  find  that, oil 


I  .ignition  ofnniity,  l»th  parties  whnit  the  jus-  , 
IT  .  of  tlii'>*'  claims  and  their  continued  exist- 
,e  gnd  the  party  against  which  they  are  prc- 
r  r^Ml  arkiiowledpes  her  obligation,  and  cxpri'^«-  , 
"  h.r  willinv'news  to  pay  them,     "he  mere  fact 
Ifivarcnn  never  extinguish  any  claim.     If,  in- 
1  rlftiiii'i   for   indemnity   be   the   |)rofe88ed  | 
,'  ,,„,!  „f  n  war,  and  juace  Ixj  afa-rwards  con-  ; 
ii.ltd  witliout  obtaining  any  acknowledgment 
■|  tho  rif-'ht.  such  a  peace  may   be  construed 
t  U  a  alimiuifhment  of  the  right,  on  the  ground 
lilt  the  question  has  been  put  to  the  arbitration 
(lie  s\\  oni.  and  decided.      But,  if  a  war  be 
Laiid  to  enfiirce  a  disputed  claim,  and  it  be  car- 
\a  on  till  the  adverse  party  admit  the  claim, 
1  jjjive  to  provide  for  its  payment,  it  would 
,  itiOT'K'.  indeed,  to  hold  that  the  claim  itself 
|a<  cxtuiguished  by  the    ery  war  which  had 
Bmiiclled  its  express  recognition.     Now,  what- 
iver  we  call  that  state  of  things  which  existed 
LtHcen  the  I'nited  States  and  France  from  17'J8 
iliS'iO  it  is  evident  that  neither  party  contend- 
I  nr  supposed  that  it  had  been  such  a  state  of 
liinis  as  had  extinguished  individual  claims  for 
jjiiiinitv  for  illegal  seizures  and  confiscations. 
I" The  honorable  member,  sir,  to  sustain  his 
hir',  must  prove  that  the  Unitwl  States  went 
[war  to  vindicate  these  claims ;  that  they  waged 
jit  war  unsuccessfully ;   and  that  thoy  were 
leriforc  glad  to  make  peace,  without  obtaining 
Ivmcnt  of  the  claims,  or  any  admission  of  their 
ttire.    I  am  happy,  sir,  to  say  that,  in  my 
\m\\.  facts  do  not  authorize  any  such  record 
jbe  made  up  against  the  United  States.    I  think 
lis  clear,  sir,  that  whatever  misunderstanding 
lifted  between  the  United  States  and  France, 
did  not  amount,  at  any  time,  to  open  and  pub- 
I  war.    It  is  certain  that  the  amicable  relations 
Ithe  two  countries  were  much  disturbed ;  it  is 
rtain  that  the  United  States  authorized  armed 
distance  to  French  captures,  and  the  captures 
French  vessels  of  war  found  hovering  on  our 
(St ;  but  it  is  certain,  also,  not  only  that  there 
no  declaration  of  war,  on  either  side,  but 
It  the  United  States,  under  all  their  provoca- 
Is.  did  never  authorize  genera'  reprisals  on 
Inch  commerce.    At  the  very  moment  when 
|frentlcm"'<  says  war  raged  between  the  Uni- 
I States  ana  /lance,  French  citizens  came  into 
I  courts,  in  their  own  names,  claimed  restitu- 
i  for  property  seized  by  American  cruisers, 
lohtained  decrees  of  restitution.  They  claimed 
litizens  of  France  and  obtained  restoration, 
piir  courts,  as  citizens  of  France.    It  must 
!  been  a  singular  war,  sir,  in  which  such  pro- 
lines could  take  place.    Upon  a  fair  view  of 
Iwliole  matter,  Mr.  President,  it  will  be  found, 
link,  that  every  thing  done  by  the  United 
Bs  was  defensive.    No  part  of  it  was  ever 
liatory.    The  United  States  Jo  not  take  jus- 
nto  their  own  hands. 

The  strongest  measure,  perhaps,  adopted  by 

■CSS,  was  the  act  of  May  28,  1798.    The 

|rable  member  from  New- York  has  referred 

act,  and  chiefiy  relies  upon  it,  to  prove 


the  existence,  or  the  oommentt-mcnt.  of  actual 
war.  IJut  docs  it  prove  eitlur  the  tuic  or  the 
other  ? 

"It  is  not  an  act  declaring  war;  it  is  not  an 
act  authorizing  rejjrisals ;  it  is  not  an  net 
which,  in  any  way,  acknowle<lges  the  actual  ex- 
istence of  war.  Its  whole  iinplicatioii  and  im- 
port is  the  other  way.  Its  title  is,  'An  net  more 
etfectually  to  protect  the  commercu  and  coasts 
of  the  United  States.' 

''This  is  its  prcambl*: 

'"Whereas  armed  vessels,  sailing  under  au- 
thority, or  pretence  of  authority,  from  the  Ue- 
public  of  France,  have  committed  depredations 
on  the  commerce  of  the  I'nited  States,  and  have 
recently  captured  the  vessels  and  property  of 
citizens  thereof,  on  and  near  the  coasts,  in  viola- 
tion of  tho  law  of  nations,  and  treaties  between 
the  United  States  and  the  French  nation :  there- 
fore ' — 

"  And  then  follows  its  only  section,  in  these 
words : 

"'Skc,  1.  Be  it  enacted,  fr.,  That  it  shall 
be  lawful  for  the  President  of  the  United  States, 
and  he  is  hereby  authorized,  to  instruct  and  di- 
rect the  commanders  of  the  armed  vessels  belong- 
ing to  the  United  States,  to  seize,  take,  and  bring 
into  any  port  of  the  United  States,  to  be  pro- 
ceeded against  according  to  the  laws  of  nations, 
any  such  armed  vessel  which  shall  have  com- 
mitted, or  which  .shall  be  found  hovering  on  the 
coasts  of  the  United  States  for  t'^c  purpose  of 
committing,  depredations  on  the  vessels  belong- 
ing to  citizens  thereof;  and  also  retake  any  ship 
or  vessel,  of  any  citizen  or  citizens  of  the  Uni- 
ted States,  which  may  have  been  captured  by  any 
such  armed  vessel.' 

"  This  act,  it  is  true,  authorized  the  use  of 
force,  under  certain  circunistar  oes,  and  for  cer- 
tain objects,  against  French  vessels.  But  there 
may  be  acts  of  authorized  force,  there  may  be 
assults,  there  may  be  battles,  there  may  be  cap- 
tures of  ships  and  imprisonment  of  persons,  and 
yet  no  general  war.  Cases  of  this  kind  may 
occur  under  that  practice  of  retortion  which  is 
justified,  when  adopted  for  just  cause,  by  the 
laws  and  usages  of  nations,  and  which  all  th» 
writers  distinguish  from  general  war. 

"  The  first  provision  in  this  law  is  purely  pre- 
ventive and  defensive;  and  the  other  hardly 
goes  beyond  it.  Armed  vessels  hovering  on  our 
coast,  and  capturing  our  vessels,  under  authority, 
or  pretence  of  authority,  from  a  foreign  state, 
might  be  captured  and  brought  in,  and  vessels 
already  seized  by  them  retaken.  The  act  is 
limited  to  armed  vessels ;  but  why  was  this,  if 
general  war  existed?  Why  was  not  the  naval 
power  of  the  country  let  loose  at  once,  if  th-^re 
were  war,  against  the  commerce  of  the  enemy  1 
The  cruLsers  of  France  were  pre3ing  on  our  com- 
merce ;  if  there  was  war,  why  were  we  restrain- 
ed from  general  reprisals  on  Ler  comi  .ercc  ? 
This  restaining  of  the  operation  of  our  naval 
marine  to  armed  vessels  of  France,  and  to  such 
of  them  only  as  shi>uld  bo  found  hovering  on  our 


10 


THIRTY  YEARS'  VIEW. 


fdfist.  for  tfic  ptirpoBc  of  committinfrdopredaf  ions 
on  our  romtiMTce,  instcail  of  provin),^  a  state  of 
\v:u;  provoH,  I  think,  irrosistihly,  that  a  state  of 
(rt'ncral  war  <li(l  not  exist.  But  even  if  this  net 
of  Coiifrress  left  the  matter  douJitful,  other  acts 
j)aj<Kod  at  and  near  tlie  same  time  demonstrate 
the  understanding  of  Conf!;re88  to  liave  been,  that 
nlthoiifrh  the  relations  between  tne  two  countries 
were  greatly  disturbed,  yet  that  war  did  not 
exJKt.  On  the  Banie  day  (May  28,  17y8)  in 
wliieh  this  act  pa.s8cd,  on  which  the  member 
Trom  New-York  lays  80  much  stress,  as  proving 
the  nctual  existence  of  war  with  France,  Con- 
gress passed  another  act.  entitled  'An  act  author- 
izing the  President  of  the  United  States  to 
raise  a  provisional  army;'  and  the  first  section 
declared  that  the  President  should  be  autho- 
rized, Mn  the  event  of  a  declaration  of  war 
against  the  United  States,  or  of  actual  invasion 
of  their  territory  by  a  foreign  power,  or  of 
imminent  danger  of  such  invasion,  to  cause  to  be 
enlisted,'  &c.,  ten  thousand  men. 

"  On  the  ICth  of  July  following,  Congress 
passed  the  law  for  augmenting  the  army,  .,he 
second  section  of  which  authorized  the  ^Vesident 
to  raise  twelve  additional  regiments  of  infiintry, 
and  six  troops  of  light  dragoons, '  to  be  enlisted 
for  and  during  the  continuance  of  the  existing 
dilferencos  between  the  United  States  and  the 
French  Kepublic,  unless  sooner  discharged,'  &c. 

"  The  following  spring,  by  the  act  of  the  2d 
of  March,  1799,  entitled  '  An  act  giving  eventual 
authority  to  the  President  of  the  United  States 
to  augn  3nt  the  army,'  Congress  provided  that 
it  should  be  lawful  for  the  President  of  the 
United  Slates,  in  case  war  should  break  out  be- 
tween the  United  States  and  a  foreign  European 
power,  Ac,  to  raise  twenty-four  regiments  of  in- 
fantry, &c.  And  in  the  act  for  better  organizing 
the  army,  passed  the  next  day.  Congress  repeats 
the  declaration,  contained  in  a  former  act,  that 
certain  provisions  shall  not  take  effect  unless 
war  shall  break  out  between  the  United  States 
and  .some  European  prince,  potentate,  or  state. 

"  On  the  20th  of  February,  1800,  an  act  was 
passed  to  suspend  the  act  for  augmenting  the 
army ;  and  this  last  act  declared  that  further 
enlistments  should  be  suspended  until  the  fur- 
ther order  of  Congress,  unless  in  the  recess  of 
Congress,  and  during  the  continuance  of  the 
existing  differences  between  the  United  States 
and  the  French  Republic,  war  should  break  out 
between  the  United  States  and  the  French  Ke- 
public, or  imminent  danger  of  nn  invasion  of 
their  territory  by  the  said  Republic  should  be 
discovered. 

"On  the  14th  of  May,  1800,  four  months  before 
the  conclusion  of  the  treaty,  Congress  passed  an 
act  authorizing  the  suspension  of  military  ap- 
pointments, and  the  discharge  of  troops  under 
the  provisions  of  the  previous  laws.  No  com- 
mentary is  necessary,  sir,  on  the  texts  of  these 
statutes,  to  show  that  Congress  never  recognized 
the  existence  of  war  between  the  United  States 
and  France,      They  apprehended  war  might 


break  out;  and  they  made  suitable  prorio 
for  that  exigency,  should  it  ooctir;   \^^^  " 
quite  impossible  to  reconcile  the  cx|iri.i«s,„j  'I 
often  rejieatid  declarations   of  these  ptaiii'' 
commencing  in  17t>8,  riuniing  throiifrh  17</i  !], 
ending  in  181)0,  with  the  actual  existtnrc  i.f , 
l)etwecn  the  two  countries  at  any  piii.K)  «i,i 
those  years.  ^^ 

''The  honorable  member's  seconfl  jirjnri,, 
source  of  argimient.  to  make  out  the  fact  fj 
state  of  war,  is  the  several  non-intercourwwj 
And  here  again  it  seems  to  me  an  exartlvn-Jj 
site  inference  is  the  tnie  one.    In  17:i,s  ]-Ja 
and  1800,  acts  of  Congress  were  passed  piist«J 
ing  the  comme'^cial    intercourse  bofwccn  i!» 
United  States,  Ciich  for  one  year.    Did  ant" 
emment  ever  pasfi  a  law  of  temporary  n'oL 
tercourso  with  a  public  enemy  f    8iich  a 
would  bo  little  less  than  an  absurdity.    \\\j. 
self  efftKJtually  creates  non-intercourse.   Jt  »> 
ders  all  trade  with  the  enemy  illepii,  andiJ 
course,  subjects  all  vessels  found  soenfrawd  n 
their  cargoes,  to  capture  and  conflemnation 
enemy's    property.      The    first  of  tiiose  lal 
was  passed  June  13,  1798,  the  last,  Ftbruarvil 
1800.    Will  the  honorable  member  from  \el 
York  tell  us  when  the  war  commenced  ?  Vl» 
did  it  break  out?     When  did  those  'diirmix, 
of  which  the  acts  of  Congress  speak,  assumil 
character  of  general  hostility?    AVas  thcnl 
state  of  war  on  the  13th  of  June,  1798.  (rk, 
Congress  passed  the  first  non-intercourse  i 
and  did  Congress,  in  a  state  of  public  -.var.  I, 
non-intercourse  with  the  enemy  to  oiievei 
Or  was  there  a  state  of  peace  in  Juno,  i;;J 
and,  if  so,  I  ask  again,  at  what  time  after  lif 
period,  and  before  September,  1800,  did  thei 
break  out?    Difficulties  of  no  small majnit] 
surround  the  gentleman,  I  think,  whatever  com 
he  takeij  through  these  statutes,  while  ki 
tempts  to  prove  from  them  a  state  of  war, 
truth  is,  they  prove,  incontestably,  a  statej 
peace ;  a  state  of  endandgered,  disturbed,  agiijn 
peace;  but  still  a  state  of  peace.    Findinptt 
selves  in  a  state  of  great  niisunderstandin!:« 
contention  with  France,  and  seeing  our  cohid 
a  daily  prey  to  the  rapacity  of  her  cruiser?,  ij 
United  States  preferred  non-intercourse  to  i 
This  is  the  ground  of  the  non-intercourse « 
Apprehending,  nevertheless,  that   war 
break  out.  Congress  made  prudent  provisionlj 
it  by  augmenting  the  miUtary  force  o,''theo 
try.    This  is  the  grou"d  of  the  laws  form 
a  provisional  army.    The  entire  provisionsrfj 
these  laws  necessarily  suppose  an  existing  s^ 
of  peace ;  but  they  imply  also  an  apprehd 
that  war  might  commence.    For  a  state  of  x 
war  they  were  all  unsuited ;  and  sorie  of  il 
would  have  been,  in  such  a  state,  preiwslffl 
and    absurd.      To    a  state  of    present ; 
but  disturbed,  interrupted,  and  likely  to  ten 
nate  in  open  hostilities,  they  were  all  perfd 
well  adapted.    And  as  many  of  thei^e  anil 
express  terms,  speak  of  war  as  not  actiialljf 
isting,  but  as  likely  or  liable  to  break  oiit,ii| 


ANNO  ipns.     AXDRKW  JACKSON,  I'llIMDKNT. 


511 


<f  mtAc  fliiitalilc  pmriiy^l 
hould  it  occur ;  hut  ,.  ,1 
rconcilc  the  ex)iri'«s  vnfiv\ 
iratioiis  of  thcso  ptaij-f 
,  rmminp  throiif.'h  17|i',<  y 
the  actiiul  I'xistvnci'  (,f  »^ 
iiitrieB  at  any  \K-\\(y\  wiijj 

member's  Bccond  jiritxif, 
to  make  out  the  l,\ct  f 
several  non-intercouri>«  jft, 
■ems  to  me  an  exactly n*i», 
le  tnic  one.    In  \'M,  \-:t,\ 
mgrefis  were  paKsed  m^txf, 
lI    intercourse  liotwoen  i' 
for  one  year.    Did  any 
a  law  of  temporary  n'oMs 
public  enemy  1    Such  a  fe 
than  an  absurdity.   Vit 
,tes  non-intercourso.  It  n 
;h  the  enemy  illepil.anil 
vessels  found  soenpiH. 
apture  and  condemnation 
.      The    first  of  tlii'se  k 
.3, 1798,  the  last,  FcbruarrJ 
lonorable  member  fiomNi 
the  war  commenced  ?  W 
When  did  those  'ditfcrci,. 
1  of  Congress  speak,  assiim 
eral  hostility  1    Was  then 
the  13th  of  June,  1798.  v' 
the  first  non-intLTCOurse. 
1  in  a  state  of  public  war.  li 
vith  the  enemy  to  one  yt. 
tate  of  peace  in  Juno,  IK* 
igain,  at  what  time  after  ih 
J  September,  1800,  did  the 
iculties  of  no  small  mam 
leman,  I  think,  whatever  co 
I  these  statutes,  while  he 
rom  them  a  state  of  war.  '. 
povo,  incontcstably,  a  state 
>ndandgered,  disturbed,  ajit 
state  of  pence.    Findinpt. 
of  great  nnsunderstandins: 
France,  and  seeing  our  conin 
je  rapacity  of  her  cniiHrs. 
eferred  non-intercourse  to 
nd  of  the  non-intercourse 
levertheless,  that  war 
•ess  made  prudent  provisioal 
r  the  military  force  o' the 
'ground  of  the  laws  for™ 
liy.    The  entire  provieioniicf 
sarily  suppose  an  existing  ai 
iiey  imply  also  an  apprchp* 
commence.    For  a  state  of 
.Uunsuitcd;  and  some  of 
n,  in  such  a  state,  preposti 
To   a  state  of   present  i 
iterrupted,  and  likely  tot. 
stilities,  they  were  all  pert 
And  as  many  of  these  affil 
ipeak  of  war  as  not  actualkl 
kcly  or  liable  to  break  out,il 


'Wir  l/cvond  all  reawniible  question,  that  Con- 

.  ,.J  ni  vir.  at  any  time,  re;:anlc'd  the  state  of 

"  „pj txi«tiiiK  latween  the  United  States  and 

I  .j,„v  ii.i  lieinj?  a  state  of  war. 

■  \.  little  did  the  ext'Ciitive  povcniment  so 

»ipl  it,  a.-;  must  be  apparent  from  the  instruc- 

I  "ni  cive'ii  to  our  ministers,  when  the  nii.>siun 

u*  *<'i)t  to  France.    Those  instructions,  having 

niiirred  to  the  ntnnerous  acts  of  wrong commit- 

L]  yp  the  commerce  of  the  Unit«?d  States,  and 

ilhe  nfiisal  of  indemnity  by  the  government  of 

}  nnco,  proceed  to  say :  '  This  conduct  of  the 

p.,,,1,  lte|)ublic  would  well  have  justified  an 

iiimLiliate  declaration  of  war  on  the  part  of  the 

iiiled   States;  but,  desiious  of  maintaining 

i-e.  and  still  willing  to  leave  open  the  door 

tf  r^condliation  with  Franw,  the  United  States 

ontentod  themselves  with  preparations  for  de- 

leiice,  and  measures  calculated  to  protect  their 

lomnicrcc' 

It  is  cq'i.iUy  clear,  on  the  other  hand,  that 

j(iiher  the  French  government  nor  the  French 

Liistens  acted  on  the  supposition  that  war  nad 

Listed  between  the  two  nations.    And  it  was 

lir  this  reason  that  they  held  the  trcatiei  of  1778 

(ill  binding.    Within  a  month  or  two  of  the 

nature  of  the  treaty,  the  ministers  plonipo- 

fntiary  of  the  French  Republic  write  thus  to 

lessrs.  Ellsworth,  Davie,  and  Murray :  '  In  the 

tt  place,  they  will  insist  upon  the  principle 

■\(ly  laid  down  in  their  former  note,  viz. : 

the  treaties  which  united  France  and  the 

Inited  States  are  not  broken;  that  even  war 

jild  not  have  broken  them  ;  but  that  the  state 

Jmisundcrstanding  which  ( ''isted  for  some  time 

Itwcen  France  and  the  United  States,  by  the 

J  of  some  agents  rather  than  by  *he  will  of 

t  respective  g  )vernmentB,  has  no^       n  a  state 

fwar,  at  least  on  the  side  of  Fran>. 

r Finally,  sir,  the  treaty  itself,  what  is  it? 

lis  not  called  a  treaty  of  peace ;  it  docs  not 

Vide  for  putting  an  end  to  hostilities.    It  says 

t  one  word  of  any  preceding  war ;  but  it  does 

that 'differences' have  arisen  between  the 

states,  and  that  they  have,  therefore,  re- 

ttivelj',  appointed  their  plenipotentiaries,  and 

m  them  full  powers  to  trent  upon  those  'dif- 

iences,'  and  to  terminate  the  same. 

f  But  the  second  article  of  the  treaty,  as  nego- 

and  agreed  on  by  the  ministers  of  both 

«rnments,  is,  of  itoelf,  a  complete  refutation 

|lhe  whole  argument  which  is  urged  against 

!  bill,  on  the  ground  that  the  claims  had  been 

kng:uisheJ  by  war,  since  that  article  distinctly 

1  expressly  acknowledges  the  existence  of  the 

,  and  contains  a  solemn  pledge  that  the 

governments,  not  being  able  to  agree  on 

>  at  present,  will  negotiate  further  on  them, 

onvenient  time  thereafter.      Whether  we 

^,  then,  to  the  decisions  of  the  American 

■ts,  to  the  acts  of  Congress,  to  the  instruc- 

of  tho  American  executive  government, 

he  language  of  our  ministers,  to  tho  dcclara- 

!  of  the  French  government  and  the  French 

isters,  or  to  the  unequivocal  language  of  the 


!  tri'aty  itself,  xn  oricinnlly  Bzrrrfl  to,  wp  mocf, 
:  irresi.stiMi'  proof  <,f  liic  tniih  i.f  tlu-  dj'clara- 
I  tion,  that  the  Ptatc  of  nii.-iindii-.- landing'  which 
I  had  cxi,«te(l  U'twtrn  tlu-  tw.i  couiitriv.-i  wn.s 
'  not  war. 

I      "  If  the  treaty  had  remainol  a.t  the  ministers 

i  on  both  sides   nurri'rd  upon  it,  the   claininnts, 

I  though  their  indinmity  wn.s  iiostixiiicd,  would 

j  have  had  no  just  claim  on  tlKir<«vii  ^rovoinintiit. 

I  But  tlic  treaty  did  not  remain  in  this  jstate.  Thi.s 

I  second  article  wn.'f  stricken  out  by  tli«'  Stiiate; 

I  and,  in  order  to  sn  the  obvious  motive  of  the 

Senate  in  thus  striking  nut  the  Fccond  article, 

allow  me  to  r.-ad  the  whole  article.     It  is  in 

these  words : 

'"The  ministers  plenipotentiary  of  the  two 
parties  n()t  being  able  to  ngree,  at  present,  re- 
specting the  treaty  of  alliance  of  the  Gtli  of 
February,  1778,  the  treaty  of  amity  and  com- 
merce of  the  same  date,  and  the  convention  of 
tho  14th  of  November,  1788,  nor  upon  the  in- 
demnities mutually  duo  or  claimed,  the  parties 
will  negotiate  further  on  these  subjects  at  a 
convenient  time ;  and  until  they  may  have 
agreed  upon  these  points,  the  said  treaties  and 
convention  shall  have  no  operation,  and  the  re- 
lations of  the  two  countries  shall  bo  regulated 
as  follows.' 

"  The  article  thus  stipulating  to  make  the 
claims  of  France,  under  tho  old  treaties,  matter 
of  further  negotiation,  in  order  to  get  rid  of 
such  negotiation,  and  tho  whole  siibject,  the 
Sentite  struck  out  the  entire  article,  and  ratified 
the  treaty  in  this  corrected  form.  France  "-atified 
tho  treaty,  as  thus  amended,  with  the  further 
declaration  that,  by  thus  retrenching  the  second 
article,  the  two  nations  renounce  the  respective 
pretensions  which  were  the  object  of  the  article. 
In  this  declaration  of  the  French  government, 
the  Senate  afterwards  acquiesced ;  so  that  the 
government  of  Franco,  by  this  retrenchment, 
agreed  to  renoimce  her  claims  under  the  treaties 
of  1778,  and  tho  United  States,  in  like  manner, 
renounced  the  claims  of  their  citizens  for  in- 
demnities due  to  them. 

"  And  this  proves,  sir,  the  second  proposition 
which  I  stated  at  the  commencement  of  ray  re- 
marks, viz. :  that  these  claims  were  released,  re- 
linquished, or  extinguished,  by  the  amendment 
of  the  treaty,  and  its  ratification  as  amended. 
It  is  only  necessary  to  add,  on  thi«  point,  that 
these  claims  for  captures  before  18iJ()  woild  have 
been  good  claims  under  tho  late  treaty  with 
France,  and  would  have  come  in  for  a  dividend 
in  the  fund  provided  by  that  treaty,  if  they  had 
not  been  released  by  tho  treaty  of  1800.  And 
they  are  now  excluded  from  all  participation 
in  the  benefit  of  the  late  treaty,  because  of  such 
release  or  extinguishment  by  that  of  1800. 

"In  the  third  place,  sir,  it  is  to  bo  proved,  if  it 
be  not  proved  already,  that  these  claims  were 
sun-endered,  or  released  by  the  government  of 
the  United  States,  on  national  consitieiations, 
and  for  objects  in  which  these  claimanl.'S  had  no 
more  interest  than  any  other  citizens. 


51: 


nninv  w.auh'  vikw. 


,  sir.  I  <1()  not  feci  r;illc(l  im  to  ninke  out 
il:iiiii>  uihI  ('<iiii|ilaiiits  of  Fraiico  niruiiist 


"  Xow 
that  tlif 

th«  jrovcniinciit  of  tlie  ('iiiteil  Stntts  wen?  well  i 
foniKli.-il.     It  is  cortiiin  t)mt  fUi'  put  fortti  kiicIi 
clainiH  mid  ('(iin|ilaiiits,  and  i_iisi.>ted  on  tlicin  to 
the  L-nd.     It  is  (vrtain  tliat,  liy  the  treaty  of  al- 
lianre  of  177S,  the  I'nitfd  Status  diil  (fuaraiity 
to  Francf   her   Wi'st  India  iMmKcsHions.     It  \< 
ctTtain  that.  Iiy  the  treaty  of  conuncree  of  the  j 
Kaniu  date,  the   liiited   States  stipulated   that 
Frencli  vessel-;  of  war  ini^lit  hrinn  tlieir  prizes  \ 
into  the  poii.s  of  the  I'nited  Stutes",  and  tliat  the 
♦uieniies  of  i-ranco  shouM  not  enjoy  that  jM-ivi-  i 
lepe ;  nnil  it  is  certain  tiiat  Franco  conteniled  I 
that  tlie  I'niled  States  had  plainly  violated  this  ' 
article,  as  well  by  their  subsequent  treatj'  with 
England  as  by  other  acta  of  the  poverninent. 
For  the  violation  of  these  treaties  she  claimed 
indemnity  Croni  the  government  of  the  United 
States.     Without  admittinj^  the  Justice  of  these 
pretensions,  the  frovernnicnt  of  the  L'nited  States 
found  them  extremely  embarra.s.sinp.  and  they 
authorized  our  ministers  in  France  to  buy  them 
oil  by  money. 

"  For  the  purpose  of  showing  the  justice  of 
the  present  bill,  it  is  not  necessary  to  insist  that 
Franco  was  right  in  these  pretensions.  Itight 
or  wrong,  the  United  States  were  anxious  to 
get  rid  of  the  embarrassments  which  they  occa- 
sioned. They  were  willing  to  compromise  the 
matter.  The  existing  state  of  things,  then,  was 
exactly  this : 

"France  admitted  that  citizens  of  the  United 
States  had  just  claims  against  her ;  but  she  in- 
sisted that  she,  on  the  other  hand,  had  just 
claims  against  the  government  of  the  United 
States. 

"  She  would  not  satisfy  our  citizens,  till  our 
government  agreed  to  satisfy  her.  Finally,  a 
treaty  is  ratified,  by  which  the  claims  on  both 
sides  are  renounced. 

"  The  only  question  is,  whether  the  relinquish- 
ment of  these  individual  claims  was  the  price 
which  the  United  States  paid  for  the  relinquish- 
ment, by  France,  of  her  claims  against  our  gov- 
ernment ?  And  who  can  doubt  it  ?  Look  to 
the  negotiation  ;  the  claims  on  both  sides  were 
discussed  together.  Look  to  the  second  article 
of  the  treaty,  as  originally  agreed  to  ;  the  claims 
on  both  sides  are  there  reserved  together.  And 
look  to  the  Senate's  amendment,  and  to  the  sub- 
sequent declaration  of  the  French  government, 
acquiesced  in  by  the  Senate ;  and  there  the 
claims  on  both  sides  are  renounced  together. 
What  stronger  proof  could  there  be  of  mutuali- 
ty of  consideration  ?  Sir,  allow  me  to  put  this 
direct  question  to  the  honorable  member  from 
New-York.  If  the  United  States  did  not  agree 
to  renounce  these  claims,  in  consideration  that 
France  v  ould  renounce  hers,  what  was  the  rea- 
son why  they  surrendered  thus  the  claims  "f 
their  own  citizens  i  Did  they  do  it  without 
any  consideration  at  all  ?  Was  the  surrender 
wholly  gratuitous  ?  Did  they  thus  solemnly 
renounce  claims  for  indemnity,  go  just,  so  long 


insisted  on  by  thcmselve!«,  the  obji rt  of  t» 
H|tecial  misfious,  the  mibjects  of  mi  luuch  rJ 
vious  controversy,  and  at  one  time  ho  near  I. ., 
the  cause  of  open  war — did  the  goveriuiifnt .  . 
tender  and  renounce  them   grntuiioii.-lv,  ,,r ' 
nothing  ?     Had  it  no  reasonable  niotivt  i^  .; 
relinfpiishment  ?     Sir,  it  is  inipo.-*sible  tn  ;i,,v'| 
tain  any  such  ground. 

"  And,  on  the  other  hand,  let  nie  ask.  w.^  li 
for  nothing  that  France  n'linquished.  whatst, 
had  so  long  insisted  on,  the  oblipitjon  (.(  il 
United  States  to  fulfil  the  treaties  of  ];;,. 
F'or  the  extinguishment  of  this  oblig.ujnn  j. 
had  already  <»ireied  her  a  large  sinn  of  timi^, 
which  ;she  had  declined.  Was  she  now  williij 
to  give  it  up  without  any  equivalent  J  ' 

'•Sir,  the  whole  historj'  of  the  negotiathj,! 
full  of  proof  that  the  individual  cl.iiiiH  (,f , J 
citizens,  and  the  govemmer  claims  of  JrJ 
against  the  United  States,  constituted  the  j 
sptctivo  demands  of  the  two  partie.*.  ]|y 
wero  brought  forward  together,  (Iiscii6s(,i  j 
gether,  insisted  on  together.  The  Fiencli  mi 
isters  would  never  eon.sent  to  disconnect  tl. 
AVhile  they  admitted,  in  the  fullest  maimer, 
claims  on  our  side,  they  .naintained,  with  |*i 
severing  resolution,  the  claims  on  the  .i-iile 
France.  It  would  fatigue  the  Senate  wtrt. 
go  through  the  whole  corres-pondence.  and  i.'k 
as  I  could  easily  do,  that,  in  every  stage  of 
negotiation,  these  two  subjects  were  kept 
gether.  I  will  only  refer  to  some  of  the  m 
prominent  and  decisive  parts. 

"In  the  first  place,  the  general  in'tnicii.; 
which  our  ministers  received  from  ouro«ii, 
ernment,  when  they  undertook  the  niis.iiioii' 
reeled  them  to  insist  on  the  claims  of  Amei 
citizens  against  France,  to  propose  ajo'nt 
of  commissioners  to  state  those  claims,  anii 
agree  to  refer  the  claims  of  France  tor  infri 
nients  of  the  treaty  of  commerce  to  the  .i* 
board.  I  will  read,  sir,  so  much  of  the  insi 
tions  as  comprehend  these  points : 

"'1.  At  the  opening  of  the  negotiation 
will  inform  the  French  ministers  that  the  I 
ted  States  expect  from  France,  as  an  indii 
sable  condition  of  the  treaty,  a  stii)ulatioj 
make  to  the  citizens  of  the  United  States 
compensation  for  all  losses  and  dania|<cs  tI 
they  shall  have  sustained  by  reason  of  ii 
or  illegal  captures  or  condemnation.?  of 
vessels  and  other  property,  under  color  of 
thority  or  commiBsions  from  the  French  lie] 
lie  or  its  agents.    And  all  captiins-  and 
demnations  r  redeemed  irregular  or  ilhgal 
contrary  to  the  law  of  nations,  gencrallj 
ceived  and  acknowledged  in  Europe,  andtoi 
stipulations  in  the  treaty  of  amity  and 
merce  of  tht  Cth  of  February,  177t<.  I'airlji 
ingenuously  interpreted,  while  that  trial; 
mained  in  forct.' 

" '  2.  If  the.ie  preliminaries  should  1* 
fac^orily  arranged,  then,  for  the  pmim.^rfi 
amining  and  adjusting  all  the  claims  of  oiif 
zens,  it  will  be  necessary  to  provids  lurtlii 


ANNO  1834.     ANDIIKW  .lACKSON.  I'UIsSUH.NT. 


n3 


clvi-n.   tho   olijirt   (f  ,, 
(ibjl'Ctl^    "f    ""    "I'""''   INI 

nt  OIK'  ti">*'  •"'  ii'irl.  • 
_(l'ul  thi"  jiovirmiiint ., 
tlii'tn  (:rnUlit^m^ly.  iTl 
ri'iksoiiu^'li'  inntivu  m  !>| 
it  is  inipo:*sil)lu  tn  mjit.f 


■\* 

[iff  f'inii 
Lf  amity  mi'l 


■r  hnnd,  let  me  ask,  wis 
nrc  rt'linqiiitiVii'il,  what  -u. 

on,  the  obliption  i.|  i*, 
Ifll  the  tiTaties  ..f  1"< 
lent  of  this  i)blii:.\ti(in  tt 
her  a  larpe  snin  of  mom. 
led.    "^Vas  she  nowwilb{] 
L  any  cfinivnknt  ? 
iJBlciry  of  the  ni'irotiati't  a 
lie  individual  claims  nf  .<jl 
,vemn>ei     claims  of  I'rttc,! 

States,  constituted  tW  r>.| 
of  the  two  partii's.  It,; 
mrd  together,  discussui  v, 
toeethcr.    The  I'rcnch  ni: 

consent  to  disconnect  tl 
cd  in  the  fullest  manner, 

they  .naintained,  with  1*1 
11   the  claims  on  the  ?i4e 

fatigue  the  Senate  wire  1 
lole  correspondence,  and  sl» 
lo.  that,  in  every  stage  of 

two  s\ihjcct8  were  kept 
dv  refer  to  some  of  the  m 
bi'sive  parts.  ,  .  ,  , 
)lace,  the  general  mimw 
•rs  received  from  our  ownp 
ev  undertook  the  mission, 
1st  on  the  claims  of  Amei 
ance,topropo8cnjo'ntl 

to  state  those  clanas  anl 

chims  of  France  lor  inW 

,tv  of  commerce  to  tlie  st 

_!d  sir.  so  much  of  ik  m 

cn'd  these  points 

)pening  of  the  nesrotm lion. 
■^rench  iKinisters  that  th  li 
from  France,  as  an  iniia 
the  treaty,  a  stipnlatiM 

zcns  of  the  United  State. 

rail  losses  and  damajicsv^ 

sustained  by  reason  olirrep- 

res  or  condemnations  of 


ISl 


ad, 


:t 
of 


er 


liiBsionsfi-orathelrench 
8.    And  all  captureyi: 
deemed  irregular  or  ill>?a  J 
law  of  nations,  ^cnuril, 
owledged  in  Europe,  aiuito 
the  t '-aty  of  anuty  ».J 

Bng  all  the  claims  01  oj 
'necessary  to  provi.'.aiortl« 


mtment  "f  «  board  of  commisHioticru,  oiinilar 
^)th«t  ile,'*frilied  in  the  ^ixfh  and  «evtnlh  arli- 
'irt  uf  t'"'  '"'•'*'>■  "^  amity  and  romnurcv  bt- 
'       the  Iiiited  States  and  (Jn-at  Hritaiii.' 

the  Kriix'h  government  liave  hcnto- 
lineii  of  infrinjremciitH  of  the  treaty 
commerce,  by  tlie  I'nited  States 
rthiiriitix-'us.  all  claims  for  injnriert,  thereby 
Tuiiiineil  '"  Franco  or  its  citizens,  are  to  bo 
ilmiitle'l  to  the  same  board ;    and  whatever 
mau'es  they  award   will  Iw  allowed  by  the 
iiitnl  .'^talef)  i*"''  deducted  from  tho  sums 
iwanled  to  he  paid  by  France.' 
•■.Vuw.  sir.  suppose  this  board  had  been  con- 
itutc<l,  ai"l  8uppo.sc  that  it  had  made  awards 
in>t  France,  in  behalf  of  citizen.s  of  the  Uni- 
1  states,  and  had  made  awards  also  in  favor 
the  povernincnt  of  Franco  ogainst  tho  jrov- 
iniint  of  tlie  United  States  ;  and  then  these 
tawaicls  had  been  deducted  from  the  amount 
the  fonner.  and  tho  proiierty  of  citizens  thn?' 
lied  to  disciiarKO  tlie  public  obligations  of 
[.  country,  would  any  bod}^  doubt  that  such 
ii,s  would  be  entitled  to  indemnity  ?    And 
thcv  less  entitled,  because,  in.stead  of  being 
it  iirjuiilated  and  ascertained,  and  then  set 
one  a^jainst    tho  other,   they  are  finally 
,.d  to  be  set  oil' against  each  other,  and  nm- 
illy  relinquished  in  the  lump  ? 
\cting  upon  their  instructions,  it  will  be 
that  the  American  ministers  made  an  ac- 
offer  to  suspend  the  claim  for  indemnities 
France  sliould  be  satisfled  as  to  her  politi- 
riglit3  under  the  treaties.     On  the  15th  of 
Iv  they  made  this  proposition  to  the  French 
'ntiatoi'S : 

'Indeinnitici?  to  be  ascertained  and  secured 

ihe  manner  proposed  in  our  project  of  a  trea- 

[butnott3be  ,>aid  until  the  United  States 

have  otl'ered  to  France  an  article  stipulat- 

ifree  admission,  in  tho  ports  of  e.-  -h,  for  the 

,teers  and  prizes  of  the  other,  to  tl  )  exclu- 

of  their  enemies.' 

JThis,  it  will  be  at  once  seen,  was  a  direct 
to  suspend  the  claims  of  our  own  citizens 
mr  government  should  be  willing  to  renew 
Irance  the  obligation  of  tho  treaty  of  1778. 
not  this  an  offer  to  make  use  of  private 
rty  for  public  purposes  ? 
n  the  lllh  of  August,  the  French  plcni- 
itiaries  thus  write  to  tho  ministers  of  the 
■d  States : 

[The  propositions  which  the  French  mini.s- 
lave  the  honor  to  communicate  to  tho  min- 
plenipotentiary  of  the  United  States  are 
d  to  tins  simple  alternative : 
ither  the  ancient  treaties,  with  the  prlvi- 
rcsulting  from  priority,  and  a  stipulation 
liproKil  indemnil"  ■ ' ; 

r  a  new  treaty,  assuring  equality  without 
ity.' 

other  words,  this  offer  is, '  if  you  will  ac- 

dge  or  renew  the  obligation  of  the  old 

,  which  secure  to  us  privileges  in  your 

hich  our  enemies  are  not  to  enjoy,  then 

OL.  I.— 33 


we  will  make  indcinnitics  fir  thi>  lusscsnf  your 
citizens;  or,  if  y"U  will  (ri\e  up  .ill  elmni  t'ot 
such  iudt'iiniities,  tlicii  \\i>  will  ri'litii|Mi^li  <>i;i 
l'S|HTial    privileges    Ullilif    the   fnrnuT    tlcatlr-, 

anil  ajrree  to  a  new  tn:ity  which  shall  <>iil\  |>iii 
us  (111  a  looting  of  V  ,  ml  ity  uitli  <irial  lit  it. tin, 
our  enemy.' 

"On  the  20th  of  Au;:ii-t  our  ininistri's  |)iu- 
pose  that  the  former  ti-futie^,  xi  \'av  as  tliev  re- 
spect the  rights  of  |)rivateers,  .shali  be  reneucd; 
but  that  it  shall  lie  optioiiiil  with  the  I  iiited 
States,  by  the  payment,  within  seven  ye.irs,  of 
three  millions  of  francs,  eitlur  in  nioiiey  or  in 
securities  is.sued  by  the  French  govermncut  for 
indemnities  to  our  citizen.s,  to  buy  oil"  this  nb- 
ligntion,  or  to  buy  olfall  its  political  oblijiatiuns, 
under  both  the  old  treaties,  by  jiayment  in  like 
manner  of  five  millions  of  francs, 

'•  On  the  4th  of  September  the  French  minis- 
ters submit  these  propositions. 

'' '  A  commission  shall  regulate  the  iiideuinitici 
which  either  of  the  two  nations  may  owe  to  tho 
citizens  of  the  other. 

" '  The  indemnities  which  shall  be  <lue  by 
France  to  the  citizens  of  the  United  States  shall 
be  paid  for  by  the  United  States,  and  in  return 
for  which  France  yields  the  exclusive  privilej:e 
resulting  from  the  17th  and  21.M  articles  c/f 
the  treaty  of  commerce,  and  from  the  riulits  of 
guaranty  of  the  11th  article  of  the  treaty  of  al- 
liance.' 

"The  American  ministers  considered  these 
propositions  as  inadmissible.  They,  however, 
on  their  part,  made  an  approach  to  them,  by- 
proposing,  in  substance,  that  it  should  be  I'.i't 
optional  with  the  United  States,  on  the  e.\eliange 
of  the  ratification,  to  relinquish  the  indemnities, 
and  in  that  case,  the  old  treaties  not  to  be  ob- 
ligatory on  the  United  States,  so  far  as  they 
confened  exclusive  privileges  on  France.  This 
will  be  seen  in  the  letter  of  the  American  min- 
isters of  the  5tli  of  September. 

"On  tho  18th  of  September  the  American 
ministers  say  to  those  of  France ; 

'• '  It  remains  only  to  consider  tho  expediency 
ot  a  temporary  arrangement.  Should  such  an 
arrangement  comport  with  the  views  of  Fiance, 
the  foUowing  principles  are  offered  as  the  ba.»is 
of  it: 

"'Ist.  The  ministers  plenipotentiary  of  the 
respective  parties  not  being  able  at  present  to 
agree  respecting  the  fonner  treaties  and  indem- 
nities, the  parties  will,  in  due  and  convenient 
time,  further  treat  on  those  subjects ;  and.  until 
they  shall  have  agreed  respecting  the  same,  the 
.said  treaties  shall  have  no  operation.' 

'This,  the  Senate  will  see,  is  substantially  the 
proposition  which  was  ultimately  accepted,  and 
which  formed  the  second  article  of  the  treaty. 
By  that  article,  these  claims,  on  both  sides,  were 
postponed  for  the  present,  and  afterwards,  by 
other  acts  of  the  two  governments,  they  wero 
mutually  and  for  ever  renounced  and  relin- 
quished. 

And  now,  sir,  if  any  gentleman  can  look  to 


■i 


M4 


THIRTY  YKARS*  VIKW. 


I 


Jho  trcAty,  look  to  tlio  inxtnirtionN  iindiT  which 
it  wiis  (••iiirliiijrii,  |i((»l<  to  llio  corrtMporKirnot' 
wliicli  prcr-cilud  it,  nixl  look  to  the  Hiil>Hi-<|iii-iit 
n^TCfiiuMit  of  thi'  two  j(ovt'riiiiit'iit«  to  ri'iioniict' 
irliiiiiiH,  on  liotli  Hi(|(?H,  niul  nut  admit  tiiut  ('n' 
liro|H'rty  of  tiienc  {irivate  citi/Aum  linn  Ucn 
tukcti  to  Idiy  oir  cinhiirrnssiiiK  ciiiiiim  of  Kraiicc 
on  the  (.'ovi-rnnicnt  of  the  Unitfd  .States,  I  know 
not  wdiat  other  or  further  evidence  could  ever 
force  tlint  conviction  on  liiH  mind. 

"  I  will  co!iclude  tliirt  piirt  of  the  case  by 
iliowi'ifr  yon  *iow  this  matter  was  understood 
hy  the  American  udminist ration  which  finally 
IV  ceptcd  the  treaty,  with  thi«  rencMincenient  of 
indemnities.  The  treaty  was  ncf^otiated  in  the 
iidministration  of  Mr.  Adams.  It  was  amended 
in  the  .Senate,  as  already  stated,  and  ratified  on 
tiie  third  day  of  February,  1801,  Mr.  Adams 
being  still  in  oliicc.  Being  thus  ratified,  with 
the  amendment,  it  was  Bent  back  to  France,  and 
on  the  thirty-first  day  of  July,  tho  first  Consul 
nitifieil  the  treaty,  aa  amended  by  striking  out 
the  second  article,  but  accompanied  the  ratifica- 
tion with  this  declaration,  'provided  that,  by 
this  retrenchment,  the  two  states  renounce 
their  respective  pretensions,  which  are  the  ob- 
ject of  the  said  article.' 

"  With  this  declarati<m  appended,  tho  treaty 
came  back  to  the  United  States.  Mr.  Jeilerson 
had  now  become  President,  and  Mr.  Madison 
was  Secretary  of  State.  In  consequence  of  the 
declaration  of  the  French  government,  accom- 
panying its  ratification  of  the  treaty  and  now 
attached  to  it,  Mr.  Jefferson  again  referred  the 
treaty  to  the  Senate,  and  on  the  19th  of  Decem- 
ber, 1801,  the  Senate  resolved  that  they  consi- 
dered the  treaty  as  duly  ratified.  Now,  sir,  in 
order  to  show  what  Mr.  Jefferson  and  his  ad- 
ministration thought  of  this  treaty,  and  the 
etl'cct  of  its  ratification,  in  its  then  exist- 
ing form,  I  beg  leave  to  read  an  extract  of  an 
official  letter  from  Mr.  Madison  to  Mr.  Pinck- 
ney,  then  our  minister  in  Spain.  Mr.  Pinckney 
was  at  that  time  negotiating  for  the  adjustment 
of  our  claims  on  Spain ;  and,  among  others,  for 
captures  committed  within  the  territories  of 
Spain,  by  French  subjects.  Spain  objected  to  these 
elaims,  on  the  ground  that  the  United  States  had 
claimed  redress  of  such  wjuries  from  France. 
In  writing  to  Mr.  Pinckney  (under  date  of  Feb- 
ruary Cth,  1804),  and  commenting  on  this  plea 
of  Spain,  Mr.  Madison  says : 

" '  The  plea  on  which  it  seems  the  Spanish  gov- 
ernment now  principally  relies,  is  the  erasure  of 
the  second  article  from  our  late  convention  with 
France,  by  which  Frances  was  released  from  the- 
indemaities  due  for  spoliations  committed  under 
her  inmiediate  responsibilitj'  to  the  United 
States.  This  plea  did  not  appear  in  the  early 
objections  of  Spain  to  our  claims.  It  was  an 
nfterthoujj;ht,  resulting  from  the  insufficiency 
of  every  other  plea,  and  is  certainly  as  little 
valid  asjuiy  other.' 

'"The  injuries  for  which  indemnities  are 
claiuuJ  .lijom   Spain,    though    committed  by 


Frenchmen,  took  plarc  under  .Spnnixh  «iithw)t, 
S|Miin,  therefore,  is  anitwerablo  for  thirn. 
her  we  have  looko<l,  and  rontinne  to  JOdk  i'. 
redress.     If  the  injuries  done  to  iik  hy  hern. 
suKed   in  any  manner  from  injuries ' dnn^  ,, 
her  by  France,  she  may,  if  Khc  pleiiKcn,  rrjop 
to  France  as  we  renort  to  her.    Hut  whMl^  I 
Imt  resort  to  Franco  would  he  juRt  or  nnjiiHi ,. 
a  nuestion  l»etween  her  and  1  rnnre, not  UtW(»j 
eitlier  her  and  us,  or  us  and  France.     Wo  din, 
against  her,  not  ojrninst  France.     In  nlpiniiif 
France,   therefon>,   we  have  not  reh  aw^j  htr 
The  claims,  iipain,  fiom  which  France  «•«« ;,'. 
leased,  were  admitted  bv  France,  and  the  rein*, 
was  for  a  valuable  consideration,  in  n  correct* n, 
dent  release  of  the  United  States  fiom  ceniip 
claims  on  them,    Tho  claim.i  wc  make  on  Xm 
were  never  admitted  by  France,  nor  inadiijl 
Franco  by  the  United  States;  they  made, therf,! 
fore,  no  part  of  the  bargain  with  her,  andfonldl 
not  be  included  in  the  release.'  I 

"Certainly,  sir,  words  could  not  have  bwil 
used  which  should  more  clearly  aflirm  tbtll 
these  individual  claim.s,  these  private  rifrlit« i(| 
property,  had  been  applied  to  public  tises,  Jlr.l 
Madison  here  declares,  unequivocally,  tliattli<f(l 
claims  had  been  admitted  by  France ;  that  »>t| 
were  relinquished  by  the  government  of  \^A 
United  States;  that  they  were  relinquiKhedfm 
a  valuable  consideration ;  that  that  consiij(n.| 
tion  was  a  correspondent  release  of  the  Uniit^l 
States  from  certain  claims  on  them ;  and  tlatl 
the  whole  transaction  was  a  bargain  bettrtal 
the  two  governments.  This,  sir,  be  it  rciuetl 
bered,  was  little  more  than  two  years  ofler  lit 
final  promulgation  of  the  treaty ;  it  was  hrllt 
Secretary  of  State  under  that  adminlKtrai ;i| 
which  gave  effect  to  the  treaty  in  its  atneni 
form,  and  it  proves,  beyond  mjstake  and  btrog 
doubt,  the  clear  judgment  which  that  adniiii 
tration  had  formed  upon  the  tmo  natui^  i 
character  of  the  whole  transaction. 


CHAPTER    CXX, 

FRENCH  SrOLIATIOX3-MR.  BENTOXS  SI'm| 

"The  whole  stress  of  the  question  liis  inii 
simple  facts,  which,  if  disembarrassed  from il 
confusion  of  terms  and  conditions,  and  rien 
in  their  plain  and  true  character,  render  it  i 
cult  not  to  arrive  at  a  just  amd  correct  vifw^ 
the  case.    The  advocates  of  this  measure  1 
no  other  grounds  to  rest  their  case  upon  t 
an  assumption  of  facts ;  they  assume  thai  ll 
United  States  lay  under  binding  and  ODeri 
stipulations  to  France;  that  the  claims  of 4 
bill  were  recognized  by  France;  andtliatl 


ANNO  Isn.V     AXnUKW  JACKSON.  IUH<II)KNT 


5\i 


under  Spanixh  «<itWiiT 
Hworalilo  for  them  ", 
v\  rontinuc  t«  look  [f 
IS  done  to  lit*  t)y  her ^ 
r  from  injurit*  dnnt  t,, 
ly,  if  t*he  pU-iiftn,  ntt^. 
•t  to  licr.  l»ut  whcthfr  1 
koiild  In-  jtift  or  unjust  i. 
■r  and  l  rnnci',  H"t  U'twirj 
iH  and  Franco.  We  rUin 
nst  France.  In  ri'lpwinf 
c  have  not  rt'liiiw<l  htr, 
in  which  Frnncc  was  n. 

by  France,  and  the  rclfw 
nsidcration,  in  nrcirrcnnn.1 
Jnitcrt  States  fiom  wriiia I 
a  claims  wc  make  on  Spun 

by  France,  nor  madiijl 
estates;  thevinatle.tW  I 
larpnin  with  her,  andcfiiiHJ 
ho  rcleoBC.'  I 

ords  could  not  have  \m\ 

more  clearly  aflirm  thttl 
im.s,  these  private  rijiliMl 
applied  to  public  iiws.  Mr,  I 
08,  unequivocally,  tliat  \\ml 
mitted  by  Franco ;  that '  *t| 
by  the  government  of  lal 
t  they  were  relinquished  (ul 
ation;  that  that  consideivl 
indent  release  of  the  Initt^l 
I  claims  on  them ;  and  thtl 
Aon  was  a  bargain  Mm\ 
its.  This,  sir,  be  it  ron»l 
ore  than  two  yeavs  oflertkr 

of  the  treaty;  itwasbytir 
e  under  that  administnitin 

0  the  treaty  in  its  amendi 

1  beyond  m.istake  and  Ikjm 
iidgment  which  that  admir 
d  upon  the  true  nature  i 
rholo  transaction. 


PTEH    CXX. 

riOXS-MR.  BENTOX-S  Sl'E£ri| 

^s  of  the  question  Vus  in  «i 
;h  if  disembarrassed  from  I 
is' and  conditions,  and  Tiei 
true  character,  render  it  a 
.at  a  just  and  correct  vied 
tdvocates  of  this  measure  '" 

to  rest  their  case  upon 

)f  facts;  they  assume  thai  I 

ly  under  binding  and  omp 

'ranee;  that  the  claims  of i 

lized  by  France;  and  that  I 


I  nitfd  i^tateii  mndr  hcrae'.f  rexponHihlo  for  theic 
iiiinx,  inntend  of  France ;  took  thrni  upon  hcr- 
.,!f.  and  Ix'cftine  Ixiiind  to  [my  tluin,  in  con- 
.  ,!,r»iioi>  of  t^'tliuK  rid  of  the  burdtna  which 
n,  :heil  u|i(in  hor.  It  in  Msumcd  that  the 
,  iims  were  good  when  the  United  StatoH  aban- 
,1  n  d  thciii ;  and  that  the  consideration,  which 
It  IS  iirvteiuled  tlie  United  States  received,  was 
1  „f»  nature  to  make  her  fuUy  responHiblo  to  the 
tliinianto.  and  to  render  it  obligatory  upon  her 
1 1 .  !>ati»fy  the  claims. 

"The  measure  rests  entirely  upon  these  as- 
I sumptions;   but   I  shall  show  that  they  arc 
nnthin;;  more  than  assumptions;   thut   these 
Iclaiiis  were  not  recognized  by  Franco,  and  could 
L,t  1^,  hy  the  law  of  nations  ;  tlioy  were  good 
If  ,r  nothing  when  they  were  made ;  they  were 
Ipiod  for  nothing  when  we  abandoned  them. 
The  United  States  owed  nothing  to  Franco,  and 
f^^^ived  no  consideration  whatever  from  her,  to 
Mktf  U8  responsible  fi)r  payment.    What  I  here 
naintftin,  I  shall  proceed  to  prove,  not  by  any 
trtfid  chain  of  argument,  but  by  plain  and  his- 
Bc'iioal  faclii. 
■  Let  me  OFk,  sir,  on  what  grounds  is  it  main- 
lined that  the  United  States  received  a  valuable 
mnsidcration  fur  these  claims?    Under  what 
(lenms  gtipulations  did  she  lie  ?    In  what  did 
CTilclit  consist,  which  it  is  alleged  France  gave 
)  in  payment  for  these  claims  ?     By  the  treaty 
78,  the  United  States  was  bound  to  guarantee 
|ie  French  American  possessions  to  France ; 
111  France,  on   her  part,  guaranteed  to  the 
Jnitod  States   her  sovereignty  and   territory. 
'[y\  the  war  between   Great  Britain  and 
|rance  broke  out;  and  this  rupture  between 
kofe  nations  immediately  gave  rise  to  the 
Bostion  how  far  this  guaranty  was  oVjligatory 
pon  the  United  States?    Whether  we  were 
liiii  1  by  it  to  protect  France  on  the  side  of  her 
nerican  possessions  against  any  hostile  at- 
Ick  of  Great  Britain  ;  and  thus  become  involved 
I  subalterns  in  a  war  in  which  we  had  no  Con- 
or interest  whatever  ?    Here  we  come  to 
!  point  at  once ;  for  if  it  should  appear  that 
» were  not  bound  by  this  guaranty  to  become 
rties  to  a  distant  European  war,  then,  sir,  it  will 
Ian  evident,  a  decided  result  and  conclusion, 
it  we  were  under  no  obligation  to  France — that 
I  owed  her  no  debt  on  account  of  this  guaranty ; 
,  plainly  enough,  it  will  follow,  we  received 
Ivaluable  consideration  for  the  claims  of  this 


bill,  when  Franw  n-loaM-d  us  from  an  obligation 
which  It  will  np|K-ar  we  never  owed.  I.ct  MP 
briefly  see  how  tliera«'  Ktands. 

'•  France,  to  p't  rid  of  claims  iimilo  l>y  us,  puis 
forwanl  coiinler  cJainiH  under  this  guaranty ; 
proposing  by  such  a  (lipl-miafic  mamcu^re  to 
get  rid  of  our  demand,  the  injustice  of  which 
she  protested  against.  She  wtcceeded,  and  both 
parties  abandoned  their  claims.  And  is  it  now 
to  be  urged  upon  us  that,  on  the  gn  -nds  of  this 
astute  diplomacy,  wo  actually  receive('  » valuable 
consideration  for  claims  which  were  considered 
good  for  nothing?  France  met  our  claims, 
which  were  goodfornothing,  by  a  counterclaim, 
which  was  goo«l  for  nothing ;  and  when  wo 
found  ourselves  thus  encountered,  we  abandoned 
our  previous  claim,  in  order  to  be  released  from 
the  counter  one  opposed  to  it.  After  this,  is  it, 
I  would  ask,  a  suitable  return  for  our  over- 
wrought anxiety  to  obtain  satisfaction  for  our 
citizens,  that  any  one  of  them  should,  some 
thirty  years  after  this,  turn  round  upon  us  and 
say:  "now  you  have  received  a  valuable  con- 
sideration for  our  claims  ;  now,  then,  you  are 
bound  to  pay  us ! "  But  this  is  in  fact,  sir,  the 
language  of  this  bill.  I  unhesitatingly  say  that 
the  guaranty  (a  release  from  which  is  tho  pre- 
tended consideration  by  which  tho  whole  people 
of  tho  United  States  are  brought  in  debtors  to 
a  few  insurance  ofBces  to  the  amount  of  mil- 
lions), this  guaranty,  sir,  I  afifirm,  was  good  for 
nothing.  I  speak  on  no  less  authority,  and  in 
no  lead  a  name  than  that  of  the  great  father  of 
his  country,  Washington  himself,  when  I  affirm 
that  this  guaranty  imposed  upon  us  no  obliga- 
tions towards  France.  TTow,  then,  shall  we  be 
persuaded  that,  in  virtue  of  this  guarontj*,  we 
are  bound  to  pay  the  debts  and  make  good  tho 
spoliations  of  France  ? 

"When  tho  war  broke  out  between  Great  Bri- 
tain and  France  in  1793,  Washington  addressed 
to  his  cabinet  a  series  of  questions,  inquiring 
their  opinions  on  this  very  question — liow  far 
the  treaty  of  guaranty  of  1778  was  obligatory 
upon  tho  United  States — intending  to  take  their 
opinions  as  a  guidance  for  his  conduct  in  such  a 
difficult  situation.  [Here  the  honorable  Senator 
road  extracts  from  Washington's  queries  to  his 
cabinet,  with  some  of  the  opinions  themselves.] 

**  In  consequence  of  tho  opinions  of  his  cabinet 
concurring  with  his  own  sentiments,  President 
Washington  issued  a  proclamation  of  neutrality, 


616 


TIIIUTY  Yh:AILV  VILW. 


mm 


(liarcpirdinf;  the  Kimrant j,  ■mi  prnrlaimini;  that 
w«'  wtTf  not  iMiiinrl  l>y  any  pn-cedin^jtri'ttrU-H  to 
(lifciwl  AiniTirnn  Frniirc  apiinut  (Jitat  itritain. 
'J'liu  wi'-ilotn  (>r  thia  iiii-aaiirv  Im  apparent.  Id* 
w  JMi-ly  tlioiight  it  wuH  not  prudent  our  infant 
lit'piihlic  mIiouM  >>c('otnc  at«orl)cil  iu  the  vortex 
f{  Kuropean  politics;  and  tlicreforo,  i>ir,  not 
without  long  and  niaturu  deliberation  how  far 
tliia  treaty  of  guaranty  waa  obligatory  upon 
us,  he  pronounced  against  it ;  and  In  so  doing 
ho  pronounced  against  the  very  bill  before  usj 
for  the  bill  has  nothing  to  stand  upon  but  this 
guaranty ;  it  pretends  that  the  United  States 
is  bound  to  pay  for  injuries  inflicted  by  France, 
because  of  a  rolcaso  from  a  guaranty  by  which 
the  great  Washington  himself  solemnly  pro- 
nounced wo  were  not  bound!  What  do  we 
now  behold,  sir  ?  We  l)ehold  an  array  in  this 
House,  and  on  this  floor,  against  the  policy  of 
Washington  I  They  sock  to  undo  his  deed ;  they 
condemn  his  principles ;  they  call  in  question 
the  wisdom  and  justice  of  his  wise  and  paternal 
counsels ;  they  urge  against  him  that  the  guar- 
anty bound  us,  and  what  for  ?  What  is  the 
motive  of  this  opposition  against  his  measures  ? 
Why,  sir,  that  this  bill  may  pass ;  and  the 
people,  the  burden-bearing  people,  be  made  to 
pay  away  a  few  millions,  in  consideration  of 
obligations  which,  after  mature  deliberation, 
Washington  pronounced  not  to  lie  upon  us ! 

"  I  think,  sir,  enough  has  been  said  to  put  to 
rest  for  ever  the  question  of  our  obligations 
under  this  guaranty.  Whatever  the  claims 
may  be,  it  must  be  evident  to  the  common  sense 
of  every  individual,  that  we  are  not,  and  cannot 
be,  bound  to  pay  them  in  the  stead  of  France, 
because  of  a  pretended  release  from  a  guai^uty 
which  did  not  bind  us ;  I  say  did  not  bind  us, 
becouse,  to  have  observed  it,  would  have  led  to 
our  ruin  and  destruction ;  and  it  is  a  clear  prin- 
ciple of  the  law  of  nations,  that  a  treaty  is  not 
obligatory  when  it  is  impossible  to  observe  it. 
But,  sir,  leaving  the  question  whether  we  were 
made  responsible  for  the  debts  of  France, 
whether  we  were  placed  under  an  obligation  to 
atone  to  our  own  citizens  for  injuries  which  a 
foreign  power  had  committed ;  leaving  this  ques- 
tion as  settled  (and  I  tnist  settled  for  ever),  I 
come  to  consider  the  claims  themselves,  their 
justice,  and  their  validity.  And  here  the  prin- 
ciple of  this  bill  will  prove,  on  this  head,  as 
weak  and  untenable — nay,  more — as  outrageous 


to  every  idea  of  common  sense,  aa  it  wiw  .„)  (i^ 
fonner  head.     With  what  r»'a»on,  F  woiiM  ,, 
can  gentlt'nien  prei«s  the  American  ]>n>i,\r  , 
pay  tiieso  claimw,  'vhen  it  would  \h!  iiiir,|.,, 
able  to  j)reHs  France  hert»«lf  to  |)ay  tiicm  ; 
France,  who  comriiitlt d  the  wrong,  ronM  n.- 
Justly  1)0  called  u|K)n  to  atone  for  it,  Imwcr 
the  United  States  now  1)6  called  u|miii  („r ,{  , 
money  7     In   171)8,  the  treaty  of  |h'ic«  wjii; 
Franco  was  virtually  al)oliHhe<l  by  vaiicjiin  y^-. 
of  Congress  authorizing  hostilities,  nnij  Ijy  p, ' 
clamation  of  the  President  to  the  khihc  iilu; 
it  was  abolished  on  accotmt  of  its  vinlntinn  k 
France ;  on  account  of  those  depreiliitinufi  nin^j,  i 
this  bill  calls  upon  us  to  make  good.    liy  th<,ii« 
acts   of  Congress  we   sought  siili«fa,tn,i|  f J 
these  claims  ;  and,  having  done  so,  it  vm  ii, 
late  afterwards  to  seek  fresh  satiKlktiin  l,t| 
demanding  indemnity.     There  was  war,  sir. : 
the  gentleman  from  Georgia  has  cUniiy  6li(,itq I 
— war   on  account  of  these   spoliniidus— j|),|| 
when  we  sought  rcdrcfs,  by  acts  of  warfare  t, 
precluded  ourselves  from  the  right  of  (Icimn,!, 
ing  redress  by  indemnity.    We  could  not,  tlirrl 
fore,  justly  urge  these  claims  against  Fmnft;] 
and  I  therefore  demand,  how  v,  n  tliey  l,e  iir|:t.i| 
against  us  7     What  are  the  invincible  arp.| 
nients  by  which  gentlemen  establish  tlie  jiimiol 
and  validity  of  these  claims  7    For,  surilv,  \A 
fore  we  consent  to  sweep  away  millions  bal 
the  public  treasury,  we  ought  to  hear  at  htm 
some  good  reasons.    Let  me  examine  tlieirgoojl 
reasons.    The  argument  to  prove  the  validitil 
of  these  claims,  and  that  we  are  bound  tu  m 
them,  is  this :  France  ocknowledgcd  tiicni,  t 
the  United  States  took  them  upon  herself;  tlj 
is,  they  were  paid  by  way  of  oll'sit.  and  \^ 
valuable  consideration   the  United  States  i 
ceived  was  a  release  from  her  pretended  ulil 
tions !    Now,  sir,  let  us  see  how  France  ackm/i 
lodged  them.     These  very  claims  were  dcniii 
resisted,  and  rejected,  by  every  successive  j 
emment  of  France !    The  law  of  nntioiis  i 
urged  against  them ;  because,  having  enjij 
in  a  state  of  war,  on  the  account  of  tlKmij 
had  no  right  to  a  double  redress— lirst  bm 
prisals,  and  afterwards  by  indemnity !  Lisiiii 
Franco  justified  her  spoliations,  on  tiie  jw 
that  we  violated  our  neutrality ;  tlrnt  tiie  & 
seized  were  laden  with  goods  belonging  toll 
English,  the  enemies  of  France;  and  it  it i 
known,  that,  in  ninety-nine  cases  out  of  ili 


hut  rciiwtn,  I  wouM  »,, 
the  Aiiioricnn  |ic<i|,li.  i 
n  it  woiil'l  '«  tmrn-i, 
ii-mlf  to  jiay  them  I   ,i 
«\  the  wroiip,  roiiM  r..' 

to   at"Il«<    f'T   it,  llOWra- 

V  1)6  cnllt'tl  ujM)n  for  \U, 
;he  trt'ttty  <il"  ihui*  whJ 
al)Olmhi'il  l>y  vmiou*  ar. 
inn  hoHtiUtU'B,  unil  liy  pw.  | 
>Bidcnt  to  tbo  ciunc  illw,; 
kccount  of  Us  violmidn  t,v 
if  thoBC  doprtMliitioiu  wlnrti 
8  to  make  good.    Uv  tin .« | 
vo   Bought  Bivtisl'aiiion  U 
liavhig  dono  so,  it  was  b. 
Bcek  fresh  Baticluctinn  It  I 
ty.     There  wiis  wiir,  sir.  u  I 
Georgia  has  cUarly  sin  wn I 
of  Uiese   Bpoliftliims-ri!!' 
drofB,  hy  acts  of  warfuri'  »r 
J  from  the  right  of  {\v\\ml\ 
innity.   "NVc  could  not,tli(r.| 
licse  claima  ngainat  Franct;! 
nand,  how  v.  n  they  litMir5«.i| 
lat  arc  the  invincible  upl 
ntlemen  establish  llitjiijifll 
BBC  claims'?     For,  surely. wl 
0  sweep  away  millions  bn\ 
y  we  ought  to  hear  at  bil 
1.    Let  me  examine  llicir  pwt I 
'ument  to  prove  the  valiiliijj 
id  that  we  are  hoiuid  to  i«t| 
ihce  acknowledged  llieiii, 
took  them  upon  hei6ill';ib 
J  by  way  of  oU'si't,  and  tU 
■ation  the  United  States 
iBC  from  her  pretended  oUip 
let  us  see  how  France  ackiw 
liese  very  claims  were  (Icniii 
cted,  by  every  successive  | 
ce !    The  law  of  nacions ' 
lem ;  because,  havinn  mp{ 
on  the  account  of  thmi 
a  double  redrcss-lirst  livn 
wards  by  indemnity !  MIt 
her  spoliations,  on  tlie  j 
our  neutrality;  that  the  s 
inwith  goods  belonging  toil 
•mies  of  France;  and  it  is r 
ninety-nine  cases  out  of  li 


ANNO  1886.     ANPRKW  JACKHO.N,  rUliilUENT. 


617 


i-jj  thi*  *!»•  the  fart — that  American  citlirn* 
,„t  tlii'ir  namcB  to  the  F.ngliKb,  and  were  ri'ady 
.nrii»lk  *"  *'"'  'i*">^'"  "^  Fri-nch  cpoliation,  for 
,  iio  of  the  great  proflti,  which  more  than 
.  vtfi'd  till'  rink.  And,  in  the  fiiro  of  all  thcKc 
H-l^  \vr  nri-  told  that  the  Frencli  acknowledged 
tlifcltii"''.  I«»id  them  by  a  ri'lcase,  and  wo  are 
„,«■  iHMinil  to  Kalinfy  them  !  And  how  is  this 
rroTcd/  Where  are  the  invincil)!c  arguments 
l,v  which  the  public  treasury  U  to  bo  emptied  / 
II  (ir  them,  if  it  is  poB.Hibic  even  to  heur  them 
nith  piitieiici" !  When  wo  urged  theno  claims. 
the  French  negotiators  cet  up  a  counter  claii  , 
„„,|  tiuilitain  a  release  from  this,  we  abandonen 
them!  Thus  it  is  that  the  Frencii  acknowk  Igcfl 
1  ,i,(jc  cliiims ;  and,  on  this  pretence,  because  of 
ilii.^  diplomatic  cunn!  ^  and  ingenuity,  wo  are 
nnw  toM  that  the  national  honor  calh  on  us  to 
iravtliom!  Was  ever  such  a  thinp  heard  of 
Ufnre?  Why,  sir,  if  v^-o  pass  this  bill,  we 
hhiill  defcrve  eternal  nblo.juy  and  .;..<gracc  fro, 
the  whole  American  people.  France,  after  r^ 
I^atedly  anil  perseveringly  denying  and  r,  ■.«■- 
l.v  these  claims,  at  last  gets  rid  o*"  ♦hem  for  ever 
ilivan  ingenious  trick,  and  by  pr  tci.'tng  to  ac- 
nuwlcdge  them;  and  now  her  lebt  ^_if  it  was 
(lolit)  is  thrown  upon  us ;  and,  in  consequence 
f  this  little  trick,  the  public  treasury  is  to  bi 
ricked  out  of  several  millions !  Sir,  this  is  raon- 
itmua !  I  say  it  is  outrageous !  I  intend  no 
Lisonal  disrespect  to  any  gentleman  by  these 
ibservations ;  but  I  must  do  my  duty  to  my 
iintry,  and  I  repeat  it,  sir,  this  is  outragc- 
s! 

•It  is  Btrcmiously  insisted  upon,  and  appears 

)t)c  firmly  relied  upon  by  gentlemen  who  have 

ilvocatcd  this  meesure,  that  the  United  States 

(3  actually  receii  >  i!  f;'om  France  full  consider- 

llion  for  these  « i  '   ,■ ;  in  a  word,  that  France 

ks  paid  them !    I  have  already  shown,  by  his- 

^rieal  facts,  by  the  law  of  nations,  and,  further, 

the  ant'.'fity  and  actions  of  Washington 

nself  t'.o  father  of  his  country,   that  we 

iiv  placed  under  no  obligations  to  France  by 

treaty  of  guaranty ;  and  that,  therefore,  a 

pease  from  obligations  which  did  not  exist,  is 

valuable  consideration  at  all !    But,  sir,  how 

it  be  urged  upon  us  that  Franco  actually 

|id  us  for  claims  which  were  denied  and  rc- 

kted.  when  we  all  know  very  well  that,  for 

disputed  claims,  for  claims  acknowledged  by 

aty,  for  claims  solemnly  engaged  to  be  paid, 


wo  could  never  suctved  in  patiiii?  one  fiirthlnit 
I  thank  tlie  Biimtor  from  New  iiiimpKliire  (.Mr, 
Mill),  for  the  rnlighteneil  view  he  ha^  giv<  n  tn 
thiM  ease.  What,  sir,  wan  tin-  conduct  of  Napo- 
leon, with  n'f<|H'et  to  iii'iK  y  /  He  had  bniiiid 
hiniHflf  to  pay  us  twmty  millionK  of  franc-, 
and  he  would  not  \y.\\  oni-  firthing!  And  yet, 
sir,  we  arc  confidently  a.Hnured  by  llnMulviH-ates 
of  this  bill  that  these  claims  were  |iuid  to  us  by 
Napoleon!  When  I.ouiMiaiia  was  Kold,  he  or- 
dered Marbois  to  get  tlfly  millions,  and  did  not 
even  then,  intend  to  pay  us  out  of  that  sum  the 
wenty  millions  he  hud  bound  himself  by  tnn- 
ty  to  pay.  Marbois  succeeded  in  getting  thirty 
millions  of  francs  more  from  us,  and  from  >f)'s 
the  twenty  millions  due  was  dtnlucte*!;  thu^, 
.sir,  wo  were  mode  to  pay  ourselves  our  own 
due,  and  Napoleon  escaped  the  payment  of  a 
farthing.  I  mean  to  nmko  no  reflection  upon 
our  ni^gotiators  at  that  treaty ;  wo  may  b«'  glad 
that  wo  got  Louisiana  at  any  amount ;  for,  if 
wo  had  not  obtained  it  by  money,  wo  Bhould 
soon  have  possessed  it  by  bloo<l :  the  young 
West  ke  a  lion,  would  have  sprung  tipon  the 
delta  ci  the  Mississippi,  and  we  should  have 
had  an  earlier  edition  of  the  battle  of  New  Or- 
leans. It  is  not  to  he  regretted,  therefore,  that 
wo  gained  Louisiana  by  negotiation,  although 
we  paid  our  debts  ourselves  in  that  bargain. 
But  Napoleon  absolutely  scolded  Marbois  for 
allowing  the  deduction  of  twenty  milliouH  out 
of  the  sum  we  paid  for  Louisiana,  forgetting 
that  his  minister  had  got  thirty  millions  more 
than  ho  ordered  him  to  ask,  and  that  wo  had 
paid  ourselves  the  twenty  millions  due  to  us 
under  treaty.  Having  such  a  man  to  deal  with, 
how  can  it  be  maintained  on  this  floor  that 
the  United  States  has  been  paid  by  him  the 
claims  in  this  bill,  and  that,  therefore,  the  trea- 
sury is  bound  to  satisfy  them  ?  Let  sienator.x, 
I  entreat  them,  but  ask  themselves  the  ques- 
tion, what  these  claims  were  worth  in  the  view 
of  Napoleon,  that  they  may  not  form  such  an 
unwarranted  conclusion  as  to  think  he  ever  paid 
them.  Every  government  of  France  which  pre- 
ceded him  had  treated  them  a.s  English  claims, 
and  is  it  likely  that  he  who  refused  to  pay  claims 
subsequent  to  these,  under  treaty  signed  by 
himself,  would  pay  old  claims  anterior  to  1800  ? 
The  claims  were  not  worth  a  straw  ;  they  were 
considered  as  lawful  spoliations ;  that  by  our 
proclamation  we  had  broken  the  neutrality ; 


518 


TllinrV'  YEAHS'  VIEW. 


and,  after  all,  that  they  were  incurred  by 
English  enterprises,  covered  by  the  American 
flag.  It  is  prctcndeil  he  acknowledged  them ! 
Would  lit  have  inserted  two  lines  in  the  trea- 
ty to  rescind  them,  to  get  rid  of  such  claims, 
wiien  he  would  not  pay  those  he  had  acknow- 
ledged 1 

To  recur  once  more,  sir,  to  the  valuable  con- 
sideration which  it  is  pretended  we  received  for 
these  claims.  It  is  maintained  that  wo  were 
paid  by  receiving  a  ix'lease  from  onerous  ob- 
ligations imposed  upon  us  by  the  treaty  of 
guaranty,  which  obligations  I  have  already 
shown  that  the  great  Washington  himself  pro- 
nounced to  be  nothing;  and  therefore,  sir,  it 
plainly  follows  that  this  valuable  consideration 
was — nothing ! 

What,  sir  I  Is  it  said  we  were  rekased  from 
obligations  ?  From  what  obligations,  I  would 
ask,  were  we  relieved?  From  the  obligation 
of  guaranteeing  to  France  her  American  posses- 
sions ;  from  the  obligation  of  conquering  St. 
Domingo  for  France !  From  an  impossibility, 
sir!  for  do  we  not  know  that  this  was  im- 
possible to  the  fleets  and  armies  of  France, 
under  Le  Clerc,  the  brother-in-law  of  Napoleon 
himself  ?  Did  they  not  perish  miserably  by  the 
knives  of  infuriated  negroes  and  the  desolating 
ravages  of  pestilence  ?  Again,  we  were  released 
from  the  obligation  of  restoring  Guadaloupe  to 
the  French  ;  which  also  was  not  possible,  unless 
we  had  entered  into  a  war  with  Great  Britain  ! 
And  thus,  sir,  the  valuable  consideration,  the 
release  by  which  these  claims  are  said  to  be 
fully  paid  to  the  United  States,  turns  out  to  be 
a  release  from  nothing  !  a  release  from  absolute 
impossibilities ;  for  it  was  not  possible  to  guar- 
antee to  France  her  colonies ;  she  lost  them,  and 
there  was  nothing  to  guarantee ;  it  was  a  one- 
sided guaranty !  She  surrendered  them  by 
treaty,  and  there  is  nothing  for  the  guaranty 
to  operate  on. 

The  gentleman  from  Georgia  [>Ir.  King],  has 
given  a  vivid  and  able  picture  of  the  exertions- 
of  the  United  States  government  in  behalf  of 
these  claims.  lie  has  shown  that  they  have 
been  paid,  and  more  than  paid,  on  our  part,  by 
the  invaluable  blood  of  our  citizens  I  Such, 
mdeed,  is  the  fact.  What  has  not  been  done 
by  the  United  States  on  behalf  of  these  claims  ? 
For  these  very  claims,  for  the  protection  of 
Ihoso  Tcry  claimants,  we  underwent  an  in- 


credible expense  both  in  military  and  n.r 
armaments. 

[Here  the  honorable  senator  read  a  lone  li, 
of  military  and  naval  preparations  maduliy  Con- 
gress for  the  protection  of  these  claims,  uptcif.. 
ing  the  dates  and  the  numbers.] 

Nor  did  the  United  States  confine  hersi-' 
solely  to  these  sfrenous  exertions  andexpcn^v,. 
armaments;  besides  raising  fleets  and  ariiiiis.s, 
sent  across  the  Atlantic  embassies  and  n"tn;i 
she  gave  letters  of  marque,  by  which  cvcrr 
injured  individual  might  take  his  own  rtirWr 
and  repay  himself  his  losses.     For  these  vm- 
claims  the  people  were  laden  at  that  period  \riiii 
heavy  taxes,  besides  the  blood  of  our  ncniJe 
which  was  spilt  for  them.    Loans  were  niiu 
at  eight  per  cent,  to  obtain  redress  for  tlie-i  I 
claims ;  and  what  M'as  the  consequence  ?  l; 
overturned  the  men  in  power  at  that  penod; 
this  it  was  which  produced  that  result,  m-jie  i 
than  political  difl'erences. 

The  people  were  taxed  and  suflered  fur  thc!*  I 
same  claims  in  that  day ;  and  now  thev  an  I 
brought  forward  again  to  exhaust  the  putel 
treasury  and  to  sweep  away  more  niillionsveil 
from  the  people,  to  impose  taxes  again  upon  then  I 
for  the  very  same  claims  for  which  the  pcoijl 
have  already  once  been  taxed  ;  reviving  the  «>  I 
tem  of  '98,  to  render  loans  and  debts  and  eD-l 
cumbrances  again  to  be  required ;  to  embarn<i| 
the  government,  entangle  the"  State,  to  impoTorf 
ish  the  people ;  to  dig,  in  a  word,  by  gradiil 
measures  of  this  description,  a  pit  to  plunge  thil 
nation  headlong  into  inextricable  difiicultysidl 
ruin ! 

The  government,  in  those  days,  performed  i J 
duty  to  the  citizens  in  the  protection  of  tkiil 
commerce;  and  by  vindicating,  asserting, sb 
satisfying  these  claims,  it  left  nothing  uiido«| 
which  now  is  to  be  done ;  the  pretensions  of  tbi 
bill  are  therefore  utterly  unfounded !  ruixfl 
are  reciprocal ;  the  duty  of  government  'n  prJ 
tection,  and  that  of  citizens  allegiance.  Iliij 
bill  attempts  to  throw  upon  the  present  «)(• 
crnment  the  duties  and  expenses  of  a  fori 
government,  which  have  been  already  once  J 
quitted.  On  its  part,  government  has  fulnlMl 
with  energy  and  zeal,  its  duty  to  the  citiMBf 
it  has  protected  and  now  is  protecting  tin 
rights,  and  asserting  their  just  claims.  Win 
our  navy,  kept  up  in  time  of  peace,  for  thcp 
tection  of  commerce  and  for  the  prolit  ofo 


ANNO  18^.5.     ANDRKW  JACKSON,  rRI>iir)i;NT. 


519 


I  in  military  and  n.v.i 

;  senator  read  a  long  1., 
preparationB  made  }iy  Cit.. 
in  of  these  claims,  pjhi,!;.. 
numbers.] 

;d  States  conline  hemf 
us  exertions  and  expcn- ■. 
aisingtk'ets  and  armii^.s  e 
itic  embassies  and  a|n;iiif , 
marque,  by  which  every 
ight  take  his  own  rcinci- 
lis  losses.  For  these  vm 
re  laden  at  that  iieriodmih 
!  the  blood  of  our  peojle 
them.  Loans  were  raisei 
0  obtain  redress  for  tlis 
was  the  consequence  1  1; 
a  in  power  at  that  perioii; 
produced  tliat  result,  mie 
ences. 

taxed  and  suffered  for  tlicw 
\t  day ;  and  now  they  m 
igain  to  exhaust  the  publit 
eep  away  more  millions  yei 
mpose  taxes  again  upon  thm 
claims  for  which  the  pc()f,(l 
)ecn  taxed;  reviving  the  «> 
ler  loans  and  debts  and  t* 
to  be  required ;  to  embams 
itangle  the"  State,  to  impom- 

0  dig,  in  a  word,  by  gradii 
cBcription,  a  pit  to  plunge  tin 
ito  inextricable  difiicultYd| 

t,  in  those  days,  performed  i;i 
[18  in  the  protection  of  tkii 
)y  vindicating,  asserting,  atl 
laims,  it  left  nothing  uiid..« 
3  done ;  the  pretensions  of  M 

1  utterly  unfounded !    l)uSti| 
\c  duty  of  government  i: 

of  citizens  allegiance.    Ta 
throw  upon  the  present  p 
jes  and  expenses  of  a  f»rt 
;h  have  been  already  once 
part,  government  has  fulnll 
zeal,  its  duty  to  the  citiwi 
and  now  is  protectin?  tto 
ting  their  just  claims.  AYir 
p  in  time  of  peace,  for  the 
erce  and  for  the  profit  ol 


IfUizcns;  witness  our  cniisers  on  every  point 
,f  the  plot*.  f'>''  t''^  security  of  citizens  pursu- 
|.  ,  ^.ycry  kind  of  lawful  business.     Uut,  there 
lire  limit'*  to  the  protection  of  tlie  interests  of 
liii'lividual  ritizeus ;  peace  must,  at  one  time  or 
IcthiT  he  obtained,  and  sacrifices  are  to  be  made 
If  ir  a  vjiluable  consideration.    Now,  sir,  peace  is 
valiLihle  consideration,  and  claims  are  often 
peas^arily  abandoned  to  obtain  it.     In  1814, 
re  pave  "P  claims  for  the  sake  of  peace ;  we 
riiTc  up  claims  for  Spanish  spoliations,  at  the 
Lity  of  Florida ;  we  gave  up  claims  to  Den- 
jark.    These  claims  also  were  given  up,  long 
lior  to  others  I  have  mentioned.     When 
jcc  is  made,  the  claims  take  their  chance; 
ome  are  given  up  for  a  gross  sum,  and  some, 
ich  as  tiiesc,  when  they  are  worth  nothing, 
rill  fetch  nothing.    IIow  monstrous,  therefore, 
bat  measure  is,  which  would  transfer  abandon- 
and  disputed  claims  from  the  country,  by 
Hiich  they  were  said  to  bo  due,  to  our  own 
juntry,  to  our  own  government,  upon  our  own 
tizens  requiring  us  to  pay  what  others  owed 
lay.  what  it  is  doubtful  if  they  did  owe) ;  re- 
lirin"  us  to  pay  what  we  have  never  received 
^e  fiirthing  for,  and  for  which,  if  we  had  re- 
ived millions,  we  have  paid  away  more  than 
lose  millions  in  arduous  exertions  on  their  be- 

llf! 

[l  should  not  discharge  the  duty  I  owe  to  my 

mtry,  if  I  did  not  probe  still  deeper  into 

m  transactions.  What  were  the  losses  which 

to  these  claims  ?    Gentlemen  have  indulged 

mselves  in  all  the  flights  and  raptures  of 

Etry  on  this  pathetic  topic ;  we  have  heard 

'ships  swept  from  the  ocean,  families  plunged 

rant  and  ruin ; "  and  such  like  !    What  is  the 

sir?    It  is  as  the  gentleman  from  New 

jpshire  has  said:  never,  sir,  was  there  known, 

)re  or  since,  such  a  flourishing  state  of  com- 

ce  as  the  very  time  and  period  of  these 

liations.   At  that  time,  men  made  fortunes  if 

saved  one  ship  only,  out  of  every  four  or  five, 

I  the  French  cruisers  !     Let  us  examine  the 

kbom  facts  of  sober  arithmetic,  in  this  case, 

not  sit  still  and  see  the  people's  money 

led  out  of  the  treasury  by  the  persuasive 

of  poetry.    [Mr.  B  here  referred  to  pub- 

:ument8  showing  that,  in  the  years  1793, 

j'95,  '9G,  '97,  '98,  '99,  up  to  1800,  the  ex- 

,  annually  increased  at  a  rapid  rate,  till,  in 

they  amounted  to  more  than  ^91,000,000]. 


It  must  bo  taken  into  considerntiun  that,  at 
this  perioil,  our  populalinn  was  le.-s  lliau  it  \h 
now,  our  tcrritrry  was  much  nioie  limited,  we 
had  not  Louisiinuiand  the  \)>'Vi  of  New  Orleans, 
and  yet  our  commerce  \v:is  far  nmre  llouri.>iiiiiH 
than  it  ever  has  been  since  ;  and  at  a  time,  too, 
when  we  had  no  maninioth  banking:  eoriMiration 
to  Iwast  of  its  indispensable,  its  vital  neoc-sily 
to  commerce  !  These  are  the  facts  of  numbers, 
of  arithmetic,  which  blow  away  the  (dilice  of 
the  gentlemen's  poetry,  as  the  wind  scatters 
straws. 

With  respect  to  the  i)artics  in  whose  hands 
these  claims  are.  They  arc  in  the  hands  of  insur- 
ance offices,  assignees,  and  jobbers;  they  are  in 
the  hands  of  the  knowing  ones  who  have  bought 
them  up  for  two,  three,  five,  ten  cents  in  the 
dollar!  What  has  become  of  the  screaming 
babes  that  have  been  held  up  after  the  ancient 
Roman  method,  to  excite  pity  and  move  our 
sympathies  ?  What  has  become  of  the  widows 
and  original  claimants  ?  They  have  been  bought 
out  long  ago  by  the  knowing  ones.  If  wo 
countenance  this  bill,  sir,  we  .shall  renew  the 
disgraceful  scones  of  1793,  and  witness  a  repeti- 
tion of  the  infamous  fraud  and  gambling,  and  all 
the  old  artifices  which  the  certificate  funding  act 
gave  rise  to.  (Mr.  B.  here  read  several  interest- 
ing extracts,  describing  the  scenes  which  then 
took  place.) 

One  of  the  most  revolting  features  of  this  bill 
is  its  relation  to  the  insurers.  The  most  in- 
famous and  odious  act  ever  passed  by  Congress 
was  the  certificate  funding  act  of  1793,  an  act 
passed  in  favor  of  a  crowd  of  speculators  j  but 
the  principle  of  this  bill  is  more  odious  than 
even  it ;  I  mean  that  of  paying  insurers  for  their 
losses.  The  United  States,  sir,  insure !  Can 
any  thing  be  conceived  more  revolting  and  atro- 
cious than  to  direct  the  funds  of  the  treasury, 
the  property  of  the  people,  to  such  iniquitous 
uses  ?  On  what  principle  is  this  grounded  ? 
Their  occupation  is  a  safe  one  ;  they  make  cal- 
culations against  all  probabilities ;  they  maivc 
fortunes  at  all  times ;  and  especially  at  this  very 
time  when  we  arc  called  upon  to  refund  their 
losses,  they  made  immense  fortunes.  It  would 
be  far  more  just  and  equitable  if  Congress  were 
to  insure  the  farmers  and  planters,  and  pay  them 
their  losses  on  the  failure  of  the  cotton  crop ; 
they,  sir,  are  more  entitled  to  put  forth  such 
claims  than  speculators  and  gamblers,  whose 


520 


THIRTY  YEARS'  VIEW. 


trade  and  lm.«iiii'ns  it  is  to  ninkc  money  by 
lo«scs.  Tliis  ))ill,  if  passed,  would  be  the 
most  odious  and  inijirinciiiled  ever  parsed  by 
Congress. 

Auotlier  question,  sir,  occurs  to  mc :  what 
sum  of  money  will  tliis  Ijill  abstract  from  the 
treasury  ?  It  says  five  millions,  it  is  true  ;  but 
it  does  not  say  "and  no  more  ;  "  it  does  not  say 
that  they  will  be  in  full.  If  the  project  of  pass- 
ing this  bill  should  succeed,  not  only  will  claims 
be  made,  but  next  will  come  interest  upon  them ! 
liellect,  sir,  one  moment :  interest  from  1798  and 
1800  to  this  day  !  Nor  is  there  any  limitation 
of  the  amount  of  claims ;  no,  sir,  it  would  not 
be  possible  for  the  imagination  of  man,  to  invent 
more  cunning  words  than  the  wording  of  this 
bill.  It  is  made  to  cover  all  sorts  of  claims ; 
there  is  no  kind  of  specification  adequate  to  ex- 
clude them ;  the  most  illegal  claims  will  be  ad- 
mitted by  its  loose  phrasco'Iogy ! 

Again  sufltT  me  to  call  your  attention  to  an- 
other feature  of  this  atrocious  measure ;  let  me 
warn  my  country  of  the  abyss  which  it  is  at- 
tempcd  to  open  before  it,  by  this  and  other 
similar  measures  of  draining  and  exhausting  the 
public  treasury ! 

These  claims  rejected  and  spurned  by  B>ance ; 
these  claims  for  which  we  have  never  received 
one  cent,  all  the  payment  ever  made  for  them 
urged  upon  us  by  their  advocates  being  a  meta- 
physical and  imaginary  paj-mcnt ;  these  claims 
■which,  under  such  deceptive  circumstances  as 
these,  we,  sir,  aie  called  upon  to  pay,  and  to  pay 
to  insurers,  usurers,  gamblers,  and  speculators ; 
these  monstrous  claims  which  are  foisted  upon 
the  American  people,  let  me  ask,  how  are  they 
to  be  adjudged  by  this  bill?  Is  it  credible,  sir? 
They  are  to  be  tried  by  an  ex  parte  tribunal ! 
Commissioners  are  to  be  appointed,  and  then, 
once  seated  in  this  berth,  they  are  to  give  away 
and  dispose  of  the  public  money  according  to 
the  cases  proved!  No  doubt  sir,  they  will  be 
nil  honorable  men.  I  do  not  dispute  that !  No 
doubt  it  will  be  utterly  impossible  to  prove 
corruption,  or  bribery,  or  interested  motives,  or 
p:(rtialitie8  against  them;  nay,  sir,  no  doubt  it 
will  be  dangerous  to  suspect  such  honorable 
men ;  we  shall  be  replied  to  at  once  by  the  in- 
dignant question,  "  are  they  not  all  honorable 
men  ?  "  But  to  all  intents  and  purposes  this 
tribunal  will  be  an  c.v  parte,  a  one-sided  tribu- 
oal  and  passive  to  the  action  of  the  claimants. 


Again,  look  at  the  species  of  evidence  »( 
will  be  invited  to  appear  before  these  coir.r    I 
sioncrs ;  of  what  description  will  it  be  ?   n, ,  I 
is  not  a  thing  recent  and  fresh  upon  which, ^ 
<lencc,  may  be  pained.     Here  are  transactji.ni 
thirty  or  forty  years  ago.     The  evidence  is ;,  t.. 
witnesses  dead,  memories  failing,  no  tcstimr,. 
to  be  procured,  and  no  lack  of  claimants,  ncitwiif  I 
standing.     Then,  sir,  the  next  best  cviiKn^l 
that  suspicious  and  worthless  sort  of  eviiwl 
will  have  to  be  restored  to ;  and  this  will  vi 
ready  at  hand  to  suit  every  convenience  in  irj 
quantity.     There  could  not  be  a  more  erecthil 
and  deeper  plan  than  this  devised  to  cniptv  il«| 
treasury !     Here  will  be  sixty  millions  exljt,|j 
ed  as  a  lure  for  false  evidence,  and  false  claiiK T 
an  awful,  a  tremendous  temptation  fornnatJ 
send  their  souls  to  hell  for  the  sake  of  mocerf 
On  the  behalf  of  the  moral  interests  of  my  coy 
try,  while  it  may  yet  not  be  too  late,  I  denonaJ 
this  bill,  and  warn  Congress  not  to  lend  itself;, 
a  measure  by  which  it  will  debauch  the  pud 
morals,  and  open  a  wide  gulf  of  wrong-doi 
and  not-to-be-imagined  e .  il ! 

The  bill  proposes  the  amount  of  onlv  I 
millions,  while,  by  the  looseness  of  its  woniin 
it  will  admit  old  claims  of  all  sorts  and  differe 
natures ;  claims  long  since  abandoned  for  <^ 
sums ;  all  will  come  in  by  this  bill !    One  I 
dred  millions  of  dollars  will  not  pay  all  tl^ 
will  be  patched  up  under  the  cover  of  t 
In  bills  of  this  description  we  may  see  a  covcj 
attempt  to  renew  the  public  debt,  to  make  la 
and  taxes  necessary,  and  the  engine  ofl 
necessary  with  them !    There  are  those  (H 
would  gladly  overwhelm  the  country  in  d 
that  corporations  might  be  maintained  wli 
thrive  by  debt,  and  make  their  profits  out  o 
misery  and  encumbrances  of  the  people. 
the  people  be  denied  the  least  repose  fromii 
ation  ?    Shall  all  the  labor  and  exertions  of  p 
ernmcnt  to  extinguish  the  public  debt  t«j 
vain?     Shall  its  great  exertions  to  cstatt 
economy  in  tho  State,  and  do  away  with  asif 
tern  of  loans  and  extravagance,  be  tliwj; 
and  resisted  by  bills  of  this  insidious  aim  i 
character  ?    Shall  the  people  be  prevented  ft 
feeling  in  reality  that  we  have  no  debt;i 
they  only  know  it  by  dinners  and  public  t 
ings  ?    Shall  such  a  happy  and  beneficial  r 
of  wise  and  wholesome  measures  be  rcndetd^ 
in  vain  by  envious  eiforts  to  destroy  the  ? 


ANNO  1835.     ANDREW  JACKSON',  PRF-SIDKNT. 


521 


species  of  evidence  whij 
)car  before  the,-e  coinrr... 
iription  will  it  Ic  ]    H^ 
and  fresh  upon  whicli  n, 
.     llerearc  tran?aeti..ii-i 
afro.     The  evidence  is  ■:■ » 
cries  failing,  no  iMmv.:.-, 
)  lack  of  claimants,  n(iUvi:h 
r,  the  next  best  cviiltns, 
worthless  sort  of  evi4tft, 
tored  to ;  and  this  will  \^ 
it  every  convenience  inisy 
mid  not  be  a  more  erKfe,i 
n  this  devised  to  empty  tl» 
ill  be  sixty  millions  cxliili^ 
a  evidence,  and  false  claiiK;! 
Ions  temptation  for  men  t. 
hell  for  the  sake  of  moMt, 
!  moral  interests  of  my  cod 
'et  not  bo  too  late,I  denom 
Congress  not  to  lend  itstlf 
ch  it  will  debauch  the  pull 
a  wide  gulf  of  wrong-ds 
;ined  e .  ll  '• 

ses  the  amount  of  only 
r  the  looseness  of  its  worfi 
laims  of  all  sorts  and  difl 
)ng  since  abandoned  for 
me  in  by  this  bill !    Onebi 
dollars  will  not  pay  all  tl 
p  under  the  cover  of  this! 
ascription  we  may  see  a  covi 
the  public  debt,tomakcl( 
sary,  and  the  engine  of  I 
them!    There  are  those 
;rwhelm  the  country  in  di 
s  might  be  maintained  \t 
lid  make  their  profits  out  of- 
nbrances  of  the  people.  S' 
[lied  the  least  repose  from 
I  the  labor  and  exertions  ot 
inguish  the  public  debt  \t 
8  great  exertions  to  estaH 
State,  and  do  away  with  aii 
nd  extravagance,  be  tlnu" 
bills  of  this  insidious  aim 
ill  the  people  be  prevented 

jT  that  we  have  no  debt: 
it  by  dinners  and  public  I 

ch  a  happy  and  beneficial 
.lesorne  measures  be  rendet^i 
)us  efforts  to  destroy  the  ^■ 


1  r,,n(lrr  it  impossible  for  the  country  to  go 
jj^vithout  borrowing  and  being  in  debt  ?" 

Tlic  hill  passed  the  Senate  by  a  vote  of  2J  to 

•  !■  but  faili'd  in  the  House  of  lleprescntativcs. 

It  still  continues  to  importune  the  two  Houses  ; 

jnl  lhou;rl»  badled  for  fifty  years,  is  as  perti- 

WiouB  as  ever.    Surely  there  ought  to  be  some 

niit  to  tlicse  presentations  of  the  same  claim. 

t  is  a  game  in  which  the  government  has  no 

hiincc.    ^'o  number  of  rejections  decides  any 

,ini»  ia  favor  of  the  government ;  a  single  de- 

i<ion  in  their  favor  decides  all  against  them. 

eneffcd  applications    become  incessant,   and 

tss ;  and  eventually  must  .succeed.    Claims 

come  stronger  upon  age— gain  double  strength 

(i,j,e_often  directly,  by  newly  discovered 

i,l^,„ce always  indirectly,  by  the  loss  of  ad- 

rsary  evidence,  and  by  the  death  of  contcm- 
irarios.    Two  remedies  are  in  the  hands  of 
l^i^^ress— one,  to  break  up  claim  agencies,  by 
jwing  no  claim  to  be  paid  to  an  agent ;  the 
;her,  to  break  up  speculating  assignments,  by 
owing  no  more  to  be  received  by  an  assignee 
kin  lie  has  actually  paid  for  the  claim.    As- 
nees  and  agents  are  now  the  great  prosecutors 
claims  against  the  government.    They  con- 
tute  a  profession — a  new  one — resident  at 
ashincton  city.    Their  calling  has  become  a 
industrial  pursuit — and  a  most  industrious 
skilful  and  persevering,  acting^on  system 
in  phalanx ;  and  entirely  an  overmatch  for 
succession  of  new  members  who  come  ig- 
mtiy  to  the  consideration  of  the  cases  which 
ly  have  so  well  dressed  up.    It  would  be  to 
honor  of  Congress,  and  the  protection  of 
treasury,  to  institute  a  searching  examina- 
into  the  practices  of  these  agents,  to  see 
thcr  any  undue  means  are  used  to  procure 
legislation  they  desire. 


CHAPTER    CXXI. 

EMPTED  ASSASSINATION  OP  PEESIDENT  JACK- 
SON. 

Friday,  the  30th  of  January,  the  President 

I  some  members  of  his  Cabinet,  attended  the 

I  ceremonies  of  Warren  R.  Davis,  Esq.,  in 

all  of  the  House  of  Representatives-  -of 


which  bo<ly  Mr.  Davis  had  been  a  member  from 
the  State  of  South  Carolina.     J'lie  procession 
had  moved  out  with  tlio  bmly,  ami  it<  front  hai! 
reached  the  foot  of  the  broail  steps  of  the  eastern 
portico,  when  the  President,  with  Mr.  Wood- 
bury, Secretary  of  the  Treasury,  and  Mr.  Mahlon 
Dickerson.  Secretary  of  the  Navy,  were  issuing 
from  the  door  of  the  great  rotunda— which 
opens  upon  the  jiortico.     At  that  iu-tant  a  per- 
son stepped  from  the  crowd  into  the  little  open 
space  in  front  of  tlie  President.  le\  oiled  a  pistol 
at  him.  at  the  distance  of  about  ci^ht  feet,  and 
attempted  to  fire.    It  was  a  pt.'rcussion  lock, 
and  the  cap  exploded,  w^ithout  firing  the  powder 
in  the  barrel,     lite  explosion  of  the  cap  was  so 
loud  that  many  persons  thought  the  pistol  had 
fired  :  I  heard  it  at  the  foot  of  the  steps,  far 
from  the  place,  and  a  great  crowd  between.    In- 
stantly the    person  dropped  the  pistol  which 
had  missed  fire,  took  another  which  he  held 
ready  cocked  in  the  left  hand,  concealed  by  a 
cloak — levelled  it — and  pulled  the  trigger.     It 
was  also  a  percussion  lock,  and  the  cap  exploded 
without  firing  the  powder  in  the  barrel.    The 
President  instantly  rushed  upon  him  with  his 
uplifted  cane :  the  man  shrunk  back ;  Mr.  Wood- 
bury aimed  a  blow  at  him  ;  Lieutenant  Gedncy 
of  the  Navy  knocked  him  down  ;  he  was  secured 
by  the  bystanders,  who  delivered  him  to  the 
ofiicers  of  justice  for  judicial  examination.    The 
examination  took  place  before  the  chief  justice 
of  the  district,  Mr.  Cranch ;  by  whom  he  was 
committed  in  default  of  bail.    Ilis  name  was 
ascertained  to  be  Richard  Lawrence,  an  English- 
man by  birth,  and  house-painter  by  trade,  at 
present  out  of  employment,    melancholy  and 
irascible.   The  pistols  were  examined,  and  found 
to  be  well  loaded ;  and  fired  afterwards  without 
fail,  carrying  their  bullets  true,  and  driving  them 
through  inch  boards  at  thirty  feet  distance; 
nor  could  any  reason  be  found  for  the  two  fail- 
ures at  the  door  of  the  rotunda.     On  his  ex- 
amination the  prisoner  seemed  to  be  at  his  ease, 
as  if  unconscious  of  having  done  any  thing 
wrong — refusing  to  cross-examine  the  witnesses 
who  testified  against  him,  or  to  give  any  ex- 
planation of  his  conduct.    The  idea  of  an  un- 
sound mind  strongly  impressing  itself  upon  the 
public  opinion,  the  marshal  of  the  district  in- 
vited two  of  the  most  respectable  physicians  of 
the  city  (Dr.  Caussin  and  Dr.  Thomas  Sewell), 
to  visit  him  and  examine  into  his  mental  con* 


522 


THIRTY  YEARS'  YIEW. 


dition.    Tlipy  did  so :  and  the  following  is  the 
report  which  they  made  upon  the  case  : 

'•The  tiiidorsin;ne<l,  havinp  l)oon  reqiieste<l  by 
the  niarshiil  i.f  the  Dih-trict  of  C'ohnuhia  to  visit 
IJichard  l-iiwrince,  now  conlined  in  the  jail  of 
the  county  of  Wawhinpton,  for  an  attempt  to 
assassinate  tlie  President  of  the  United  Stites, 
with  a  view  to  ascertain,  as  far  as  practicable, 
tiic  present  condition  of  his  bodily  health  and 
state  of  niin<l,  and  believing  that  a  detail  of  the 
exatniimtion  will  be  more  satisfactory  than  an 
abstract  npinion  on  the  subject,  we  therefore 
give  the  followin;?  statement.  On  entering  his 
room,  we  enjra;;ed  in  a  free  conversation  with 
him,  in  whicli  he  participated,  api)arently,  in  the 
most  artless  and  unreserved  manner.  The  first 
interrogatory  jjropounded  was,  as  to  his  age — 
which  queslion  alone  he  sportively  <leclined  an- 
swering. \Ve  then  inquired  into  the  condition 
of  his  health,  for  several  years  past — to  w'nich 
he  leplied  that  it  had  been  uniformly  good,  and 
that  he  bad  never  labored  under  any  mental 
derangement;  nor  did  he  admit  the  existence 
of  any  of  those  symptoms  of  phj'sical  derange- 
ment which  usually  attend  niental  alienation. 
He  said  ho  was  born  in  England,  and  came  to 
this  country  when  twelve  or  thirteen  years  of 
age,  and  that  his  fs  ther  died  in  this  District, 
about  six  or  eight  years  since ;  that  his  father 
was  a  Protestant  and  his  mother  ajlethodist. 
and  that  he  was  not  a  professor  of  anj-  religion, 
but  sometimes  read  the  Bible,  and  occasional- 
ly attended  church.  lie  stated  that  he  was  a 
painter  by  trade,  and  had  followed  that  occupa- 
tion to  the  present  time ;  but,  of  late,  could  not 
find  steady  employment — which  had  caused 
much  pecuniary  embarrassment  with  him  ;  that 
ho  had  been  generally  temperate  in  his  habits, 
using  ardent  spirits  moderately  when  at  work ; 
but,  for  the  last  three  or  four  weeks,  had  not 
taken  any  ;  that  he  had  never  gambled,  and,  in 
other  respects,  had  led  a  regular,  sober  life. 

"  Upon  being  interrogated  as  to  the  circum- 
stances connected  with  the  attempted  assassina- 
tion, he  said  that  he  had  been  deliberating  on 
it  for  some  time  past,  and  that  he  had  called  at 
the  President's  house  about  a  week  previous 
to  the  attempt,  and  being  conducted  to  the 
President's  apartment  by  the  porter,  found  him 
in  conversation  with  a  member  of  Congress, 
whom  he  believed  to  have  been  Mr.  Sutherland, 
of  Pennsylvania ;  that  he  stated  to  the  Presi- 
dent that  he  wanted  money  to  take  him  to  Eng- 
land, and  that  he  must  give  hirn  a  check  on  the 
bank,  and  the  President  remarked,  that  ho  was 
too  much  engaged  to  attend  to  him— '^'s  must 
call  another  time,  for  Mr.  Dibble  was  in  ..aiting 
for  an  interview.  When  asked  about  the  pis- 
tols which  he  had  used,  he  stated  that  his  father 
left  him  a  pair,  but  not  being  alike,  about  four 
years  since  he  exchanged  one  for  another,  which 
exactly  matched  the  best  of  the  pair;  these 
were  both  flint  locks,  which  ho  recently  had 
altered  to  percussion  locks,  by  a  Mr.  lioteler ; 


that  ho  had  been  frequently  in  the  hiibitJi 
loading  and  firing  those  pistols  at  nmri<.<.jo 
that  he  had  never  known  them  to  fiiil  cqh]^,! 
on  any  other  occasion,  and  that,  at  tlifiiist;|,^J 
of  ten  yards,  the  ball  always  passul  tliroii;!,  1 
inch  plank.     He  also  btated  that  he  hud  lot,;,., 
those  pistols  three  or  four  days  previoufi,  „,•« 
ordinary  care,  for  the  purpose  attempted;  h,, 
that  he  used  a  {lencil  instead  of  a  rumrfHj'  jd^  | 
that  during  that  period,  they  were  at  all  tin,, 
carried  in  his  pocket ;  and  when  asked  wtr  I 
they  failed  to  explode,  he  replied  he  knew  ri  I 
cause.     When  asked  why  ho  went  to  the  caiiiiJ  I 
on  that  day,  he  replied  that  he  expected  ilut  I 
the  President  would  be  there.     He  also  stjite,!  I 
that  he  was  in  the  rotunda  when  the  Vrnvkii 
arrived ;  and  on  being  asked  why  he  did  nn 
then  attempt  to  shoot  him,  he  replied  that  It 
did  not  wish  to  interfere  with  the  funeral  (x^ 
mony,  and  therefore  waited  till  it  was  over,  ij, 
also  observed  that  he  did  not  enter  tlie  kail, 
but  looked  through  a  window  fi-om  a  lobbv.jji 
saw  the  President  seated  with  members ofCoo.! 
gross,  and  he  then  returned  to  the  rotunda,  ai^ 
waited  till  the  President  again  entered  itaalj 
then  passed  through  and  took  his  positioDj 
the  east  portico,  about  two  yards  from  the  (!« 
drew  his  pistols  f'om  his  inside  coat  pockt; 
cocked  them  and  held  one  in  each  hand,c<J 
cealed  by  his  coat,  lest  he  should  alarm  m 
spectators — and  states,  that  as  soon  as  the  J 
in  the  right  hand  missed  fire,  he  iiumcdiatflrl 
dropped  or  exchanged  it,  and  attempted  to  liii 
the  second,  before  he  was  seized ;  he  furtlj 
stated  that  he  aimed  each  pistol  at  the  P^ 
dent's  heart,  and  intended,  if  the  first  pistol  1; 
gone  off,  and  the  president  had  fallen,  to  iitn| 
defended  himself  with  the  second,  if  defence  li 
been  necessary.     On  being  asked  if  he  ( 
expect  to  have  been  killed  on  the  ;,pot,  if  heh 
killed  the  President,  he  replied  he  did  not;i 
that  he  had  no  doubt  but  that  he  would  kj 
been  protected  by  the  spectators.    He  wast 
quently  questioned  whether  he  had  any  fiia 
present,  from  whom  he  expected  protection. 
this  he  replied,  that  he  never  had  mentioned  ii 
intention  to  any  one,  and  that  no  one  in  ] 
lar  knew  hia  design ;  but  that  he  presumdij 
was  generally  known  that  he  intended  to  p 
the  President  out  of  the  way.  He  furthersUlii 
that  when  the  Presideiit  arrived  it  the  k 
near  which  he  stood,  finding  him  supported^ 
the  left  by  Mr.  Woodbury,  and  observing  n 
persons  in  his  rear,  and  being  himself  ratki 
the  right  of  the  President,  in  order  to  vi 
wounding  Mr.  Woodbury,  and  thosf,  in  then 
he  etepi)ed  a  little  to  his  own  right,  so  tl 
should  the  ball  pass  through  the  bodyofti 
President,  it  would  be  received  by  tiie  dm 
frame,  or  stone  wall.    On  being  asked  if  tei 
no  trepidation  during  the  attempt:  He  rc[i 
not  the  slightest,  until  he  foimd  that  the  i 
pistol  had  missed  fire.   Then  observinf;  tbitil 
President  was  advancing  upon  him,  withu^ 
lifted  cane,  he  feared  that  it  contained  a  sn 


Vs 


A  "XO  18:!5.     ANDKKW  JAl'KSON.  ritl>II»r.NT. 


13 


jquently  in  tlu>  haVit,! 
nse  pistols  at  iimrkMini 
own  them  ti>  fiiil  poiiijc;! 
I,  and  tliftt.  at  tlic  ilisUi/^^ 
alwaVH  i)aw<ul  tlinm;;!,  ,j 
btated  tliat  he  liiul  lobie.; 
r  four  days  i)rcvi<)\iH,  w,,! 
)  purpoBC  attcnijitcil ;  Li;[ 
instead  of  a  riitnrfxl,  jmi 
iod,  they  were  at  all  tutu, 
it ;   and  when   asktil  wkr 
le.  he  replied  he  knew  a 
why  ho  went  to  the  ca|*j 
ied  that  he  expected  tha 
,  bo  there.     He  also  stateil 
otunda  when  the  Prtjidnt 
irg  asked  why  he  did  n 
oot  him,  he  replied  that  hi 
rfere  with  the  funeral »«. 
I  waited  till  it  was  over.  Ui 
he  did  not  enter  tlie  h»L 
a  window  from  a  lobby.ul 
looted  with  members  of  Cm.' 
returned  to  the  rotHnda,jr^ 
sident  again  entered  it.  nai 
'h  and  took  his  position  a 
^ut  two  yards  from  the  iio« 
-om  his  inside  coat  pijcbu 
held  one  in  each  hand,  at 
t  bst  he   should  alarm  tin 
tates,  that  as  soon  as  the  on 
missed  fire,  he  immcdiatelj 
Iged  it,  and  attempted  tot 
3  he  was  seized ;  he  fiirtl 
led  each  pistol  at  the  Pi 
ntended,  if  the  first  pistol 
president  had  fallen,  to  k 
vith  the  second,  if  defence^' 
On  being  asked  if  he  did 
en  killed  on  the  i.pot,  if  he 
•nt  he  replied  he  did  not; 
)ubt  but  that  he  would  In 
rthe  -.pectators.    lie  was' 
id  whether  he  had  any  tiii 
m  he  expected  protection,  fl 
lat  he  never  had  mentioned 
me,  and  that  no  one  in  parti 
ign;  but  that  he  presumed: 
lown  that  he  intended  to 
;  of  the  way.  lie  further  Et>l 
'residciit  arrived  it  the  d« 
ood,  finding  him  supported 
Woodbury,  and  obscrvingmi 
ar  and  being  himself  nthetl 
.  President,  in  order  to «( 
oodbury,  and  thos(,  in  thc- 
ttle  to  his  own  right,  so 
pass  through  the  bodyo 
ould  be  received  by  thed( 
ft-all.    On  being  asked  if  lie 
uring  the  attempt :  Ue  ret 
t.  until  he  found  that  the  K 
dfiro.   Then  observing  thit 
dvancing  upon  him,  withui 
cared  that  it  contained  a  si" 


tii'h  niiiit't  have  bi'cii  thrust  thrnujtli  liini  Ik-- 
i,  .Ikti'uM  linvc  hfcii  protectid  by  the  crowd. 
'^ItthiMi  iiiterrf>pited  us  to  the  motive  which 
IiiokI  liini  to  atti-mpl  the  assassination  of  the 
,    l,l^.nt.  he  replied,  that  lie  had  been  told  that 
Iv..  ['resident  ImhI  caused  liis  Ioha  of  occupation, 
r  I  dig  consequent  want  of  money,  and  he  be- 
tn,(l  that  to  put  him  out  of  the  way,  was  the 
V.  remedy  for  this  evil ;  but  to  the  interropa- 
orv  who  told  yoii  this?  he  could  not  identify 
nv  one.  hut  remarked  that  his  brother-in-law, 
•;  Kodfcrn,  told  him  that  ho  would  have  no 
iiK  business,  because  he  was  opposcvl  U>  the 
L,ident— and  he  believed  Rcdfern  to  be  in 
aiiie  with  the  President  against  him.     Again 
iiiv  questioned,  whether  ho  had  often  attended 
ke  debates   in  Congress,  during  the  present 
s«iijn  and  whether  they  had  inlluenced  him 
^raakin?  this  attack  on  the  person  of  the  Pre- 
sent, hc"^ replied  that  he  had  frequently  attend- 
tlie  discussions  in  both  branches   of  Con- 
ess,  but  that  they  had,  in  no  degree,  influenced 
J  action. 

[••  Upon  being  asked  if  ho  expected  to  become 
L  pivsident  of  the  United  States,  if  Gen.  Jack- 
1  had  fallen,  he  replied  no. 
!'•  When  asked  whom  he  wished  to  bo  the  Pre- 
{"nt,  his  answer  was,  there  were  many  persons 
[the  ilouse  of  Representatives.  On  being  asked 
there  were  no  persons  in  the  Senate,  yes,  sc- 
1  •  and  it  was  the  Senate  to  which  I  alluded. 
ho  in  vour  opinion,   of  the  Senate,  would 
Ike  a  pood  President?     He  answered,  Mr. 
Iv.  Mr.  Webster,  Mr.  Calhoun.     AVhat  do 
'think  of  Col.  Benton,  Mr.  Van  Buren,  or 
dj:e  White,  for  President  ?    He  thought  they 
aid  do  well.    On  being  asked  if  ho  knew 
•member of  cither  house  of  Congress,  ho  re- 
.  that  he  did  not — and  never  spoke  to  one 
b  life,  or  they  to  him.  '^n  being  asked  what 
efit  he  expected  himseif  from  the  death  of 
President,  he  answered  ho  could  not  rise 
fss  the  President  fell,  and  that  ho  expected 
icby  to  recover  his  liberty,  and  that  the 
Jhanics  would  all  be  benefited ;  that  the  mo- 
nies would  have  plenty  of  work  ;  and  that 
ey  would  be  more  plenty.    On  being  asked 
it  would  bo  more  plenty,  he  replied,  it 
lid  be  more  easily  obtained  from  the  bank. 
einj!  asked  what  bank,  ho  replied,  the  Bank 
lie  United  States.    On  being  asked  if  he 
the  president,  directors,  or  any  of  the  offi- 
jof  the  bank,  or  had  ever  held  any  inter- 
ee  with  them,  or  knew  how  ho  could  get 
ey  out  of  the  bank,  ho  replied  no — that  he 
ktly  knew  Mr.  Smith  only. 
)n  beinp  isked  with  respect  to  the  speeches 
"  he  had  heard  in  Congress,  and  whether 
« particularly  plea.sed  with  those  of  Messrs. 
Jim,  Clay,  and  Webster,  ho  repUed  that  he 
[because  they  were  on  his  side.    He  was 
I  asked  if  he  was  well  pleased  with  the 
ks  of  Col.  Benton  and  .fudge  White  ?  Ho 
jiBwas  and  thought  Cot.  Beutoa  highly 
cd. 


'•When  asko*!  if  he  wa*  fricmlly  to  (ivti. 
.Jackson,  he  replied,  no.  Why  not.  '  lie  lui- 
swered,  iK-cause  In:  was  a  ty'niiit.  Wl.o  tnbl 
you  he  was  a  tyrant  ?  He  nuswered.  it  w.is  w 
common  talk  with  the  jMw.pK",  aiwl  tliat  he  had 
reail  it  in  all  the  pajKis.  lie  was  asked  if  lu' 
coulil  name  any  one  who  had  told  him  so  f  lie 
replied,  no.  lie  was  asked  if  he  evir  thr( atoned 
to  shootMr.  Clay,  Mr.  Webster,  or  .Mr.  ("nlhnmi, 
or  whether  he  w ouM  shoot  them  if  he  had  nil 
opportunity?  Hi  replied,  no.  Wlieii  asked  if 
ho  wouhl  shoot  Mi.  VanBurcii?  He  replied, 
no,  that  he  once  met  with  Mr.  Van  Bureii  in 
the  rotunda,  and  told  liiu  he  was  in  want  of 
money  and  must  have  it,  and  if  he  did  not  pet 
it  he  (Mr.  Van  Buren),  or  Gen.  Jackson  must 
fall.  Ho  was  asked  if  any  person  were  present 
during  the  conversation?  Ho  replied,  tliat 
there  were  several  present,  and  when  nsked  if  ho 
recollected  one  of  them,  ho  replied  that  lie  did 
not.  When  nsked  if  any  one  advised  him  to 
shoot  Gen.  Jack.son,  or  say  that  it  ought  to  be 
done?  He  replied,  I  do  not  hke  to  say.  On 
being  pressed  on  this  point,  he  said  no  one  in 
p  rticular  had  advised  him. 

•  Ho  further  stated,  that  helieving  the  Presi- 
dent to  be  the  source  of  all  his  dilllculties,  he 
was  still  fixed  in  his  purpose  to  kill  him,  aiul  if 
his  succcessor  pursued  the  same  course,  to  put 
him  out  of  tho  way  also — and  declared  that  no 
power  in  this  country  could  puni.sh  him  for 
having  done  so,  because  it  would  be  resisted  by 
the  powers  of  Europe,  as  well  as  of  this  country. 
Ho  also  stated,  that  ho  had  been  lon;^  in  coi  j- 
spondence  with  the  powers  of  Europe,  and  that 
his  family  had  been  wrongfully  deiirived  of  the 
crown  of  England,  and  that  he  should  yet  live 
to  regain  it — and  that  he  considered  tho  Presi- 
dent of  the  United  States  nothing  more  than 
his  clerk. 

'•  We  now  think  proper  to  add,  that  the  young 
man  appears  perfectly  tranquil  and  unconcerned, 
as  to  tho  final  result,  and  seems  to  anticipate  no 
punishment  for  what  he  has  done.  The  above 
ccntains  the  leading,  and  literally  expressed 
fav";ts  of  tho  whole  conversation  we  had  with 
bin;,  which  continued  at  least  two  hours.  Tho 
questions  were  frequently  repeated  at  different 
stages  of  the  examination ;  and  presented  in 
various  fomis." 


It  is  clearly  to  be  seen  from  this  medical  ex- 
amination of  tho  man,  that  this  attempted 
assassination  of  the  President,  was  one  of  tlio.so 
cases  of  which  history  presents  many  instances 
— a  diseased  mind  acted  upon  by  a  general  outcry 
against  a  public  man.  Lawrence  was  in  tho 
particular  condition  to  be  acted  upon  by  what 
he  heard  ogainst  General  Jackson; — a  work- 
man out  of  employment — needy — idle — men- 
tally morbid ;  and  with  reason  enough  to  argue 
regularly  from  false  premises.    He  heard  the 


im 


524 


THIRTY  VEAIW  VIKW. 


'Ikv 


PrrHi'lont  acciicod  of  brfukinp  up  the  lalior  of  the 
country !  and  bt-licvcd  it — of  nialtin;?  money 
scarce !  and  he  believed  it — of  producing  the 
distress!  and  believed  it — of  being  a  tyrant! 
and  believed  it — of  bciriir  nn  '•'•staclo  to  all  re- 
lief!  and  belicv( ;'  it.  atu!  (r»!ning  to  a  regular 
conclusion  fi  itu  all  ti\cse  belielfc,  he  attempted 
to  do  what  hi  i)ercr"  the  ?;itc  oJ  tJings  re- 
quired him  t(>  <Io  -inKc  the  life  A  1  ?  man 
whoiu  ho  consKicreJ  (hr  -.olt!  .use  vS  iv,  own 
and  tl. !  general  f  .ilamity — and  the  s  -'u'  t'bstacle 
to  his  ov.n  and  tu.  gcnei-al  happiness.  Halluci- 
nation of  miiid  was  evident;  and  the  vreiched 
victim  of  a  drcailful  delusion  was  afterwards 
treat-'l  a.-:  in^imc,  and  nevor  brr -ght  ;>  trial. 
But  the  ciicunistunce  made  a  <\v<:\t  impression 
upon  die  J  ul'!ic  foci 'hj.^,  it.  I  irre-^i-itibly  carried 
man/  miraU-  to  the  helief  h-  a  siip<.nntending 
Providence,  inanirostctl  in  the  extraordinary  case 
of  two  pistols  in  succession — so  welL  loaded,  so 
coolly  handled,  and  which  afterwards  fired  with 
Buch  readiness,  force,  and  precision — missing 
fire,  each  in  its  turn,  when  levelled  eight  feet  at 
the  PresiiUnt's  heart. 


CHAPTER  CXXII. 

ALABAMA  EXPUXOINO    KES0LUTI0X3. 

Mr.  King,  of  Alabama,  presented  the  preamble 
and  joint  resolution  of  the  general  assembly  of 
his  State,  entreating  their  senators  in  Congress 
to  use  their  "  untiring  efforts  "  to  cause  to  be 
expunged  from  the  journal  of  the  Senate,  the 
resolve  condemnatory  of  President  Jackson,  for 
the  removal  of  the  deposits.  Jlr.  Clay  desired 
to  know,  before  any  order  was  taken  on  these 
resolutions,  whether  the  senator  presenting 
them,  proposed  to  make  any  motion  in  relation 
to  expunging  the  journal  ?  This  inquiry  was 
made  in  a  way  to  show  that  Mr.  King  was.  to 
meet  resistance  to  his  motion  if  he  attempted  it. 
The  expunging  process  was  extremely  distaste- 
ful to  the  senators  whose  act  was  proposed  to 
be  stigmatized ; — and  they  now  began  to  be 
sensitive  at  its  mention. — When  Sir.  Benton 
first  gave  notice  of  his  intention  to  move  it,  his 
notice  was  looked  upon  as  an  idle  menace,  which 
would  end  in  nothing.    Now  it  was  becoming  a 


serious  proceeding.     The  States  were  tik- 
up.    Several  of  them,  tliroiiph  their  IcgL-ln^l 
— Alabama,  Mississippi,  New  Jersey,  Nivr-y  ^l 
North  Carolina — had  already  given  tliefatji 
structions  ;  and  it  was  certain  that  more  «f 
follow.     Those  of  Alabama  were  the  first  r„ 
sonted ;  and  it  was  felt  necessary  to  make 
against  them  from  the  beginning.  Htncc.  tUijiri 
rogatory  put  by  Mr.  Clay  to  Mr.  Kinj;— iii(.  „., 
ry  whether  he  intended  to  move  an  cxpim 
resolution  ? — and  the  subsequent  motion  to  NJ 
the  resolutions  of  the  State  upon  tlie  taUv  ii  '■ 
answered  negatively.    Now  Ii,  vms  not  the ii 
tention  of  Mr.  King  to  move  the  ex|mn"ioT 
solution.     It  was  not  his  desire  to  take  that';J 
siness  out  of  the  hands  of  Mr.  Benton,  wliol 
conceived  it — made  a  speech  for  it— {,'iTin  noiid 
of  it  at  the  last  session  as  a  measure  for  the  c 
sent  one — and  had  actually  given  notice  at  i 
present  session  of  his  intention  to  otler  thf  t 
solution.    Mr.  King's  answer  would  ntccssji 
therefore,  bo  in  tlie  negative,  and  Mr.  Clail 
motion  then  became  regular  to  lay  it  upoj  J 
table.   Mr.  Benton,  therefore,  felt  himsclfo 
upon  to  answer  Mr.  Clay,  and  to  recall  to  il 
recollection  of  the  Senate  what  took  pkctJ 
the  time  the  sentence  of  condemnation  1 
passed ;  and  rose  and  said : 

"  He  had  then  ^at  the  time  of  pas«inf  il 
condemnatory  resolution),  in  his  place,  (rivenii 
mediate  notice  that  he  should  conimence  a -ai 
of  motions  for  the  purpose  of  e.\pungin»  j 
resolutions  from  the  journals,     lie  hadli 
made  use  of  the  word  expunge,  in  contradisfii| 
tion  to  the  word  repeal,  or  the  word  reven 
because  it  was  his  opinion  then,  and  that  opia 
had  been  confirmed  by  all  his  subsequent  r4 
tion,  that  repeal  or  reversal  of  the  rtsolii^ 
would  not  do  adequate  justice.     To  dot 
would   require  a  complete  expurption  o'l 
journal.    It  would  require  that  process  fi 
is  denominated  expunging,  by  which,  to  the  |( 
sent,  and  to  all  future  times,  it  would  be  i 
cated  that  that  had  been  placed  Ujion  thej^ 
nals  which  should  never  have  gone  there. 
had  given  that  notice,  after  serious  retlec 
that  it  might  be  seen  that  the  Senate  i 
trampling  the  constitution  of  the  Unitd  iti 
under  foot ;  and  not  only  that,  but  also  then 
forms,  to  say  nothing  of  the  substance,  i^ 
criminal  justice. 

"He  had  given  this  notice  in  obedieD«| 
the  dictates  of  his  bosom,  which  werei' 
wards  sustained  by  the  descision  of  his  1 
without  consultation  with  any  other  perwn,^ 
after  conference  only  with  himself  and  hL'J 
To  a  single  human  being  he  had  said  Ibtl 


ANNO  1835.     ANDREW  JACKSON.  I'ltlvSIDKNT. 


5-25 


Tl>e  StatcH  wcreuknt;! 
II,  throuph  their  legUht-a,! 
ppi,  New  Jersey,  Niw-Y^rvl 
(I  already  given  tlm  fau, ,.' 
k'as  certain  that  moro  *ti,;^ 
ilahuma  were  the  first  p 
elt  necessary  to  make  l„>i 
c  beginning.  Hence. thtiutrtj 
Clay  to  Mr.  Kill};— ilie  icn 
ndcd  to  move  an  cxjitm 
he  subsequent  motion  to 'J 
he  State  upon  the  talk  if  ^) 
[y.    Now  If  'vns  not  the u 
ig  to  move  the  expun^iin: 
lot  his  desire  to  talic  thit'«| 
lands  of  Mr.  Benton,  wlwl 
c  a  speech  for  it— givtn  m^ 
ssion  as  a  measure  for  llie  j 
I  actually  given  notice  at  i 

his  intention  to  otl'cr  thf 
ng's  answer  would  nectss 
,ho  negative,  and  Mr.  CIj]^ 
mc  regular  to  lay  it  up  t 
n,  therefore,  felt  himself  c 
ilr.  Clay,  and  to  recall  to  i 
,e  Senate  what  took  place  j 
ntence  of   condemnation: 

and  said : 

(at  the  time  of  passinjil, 
solution),  in  his  plnce. given l 
lat  he  should  commence  a>eiil 
the  purpose  of  expungin'iT 
I  the  journals,  lie  had  tit 
word  expunge,  in  contra&ti 
[  repeal,  or  the  word  revtj 
is  opinion  then,  andtliatopini 
aed  by  all  his  subsequent  nil 
1  or  reversal  of  the  rtsotf 
idequate  justice.  To  do  S 
a  complete  expurgation  o'j 
)uld  require  that  process  ^ 
expunging,  by  which,  to  thei^ 
future  times,  it  would  be  i 
had  been  placed  u^ion  thert 
dd  never  have  gone  there. ' 
notice,  after  serious  rderf 
be  seen  that  the  Senate  i 
onstitution  of  the  United  Sa 
I  not  only  that,  but  also  ttefl 
lothing  of  the  substance,  il 

■en  this  notice  in  obedicwj 
1   his  bosom,  which  were' 
•d  by  the  descision  of  his 
tation  with  any  other  pewM 
e  only  with  himself  an;  lus« 
iman  being  he  had  said  tW 


I ,     ,1  Jo  it,  but  he  hod  not  consulted  with  ony 
(.    In  the  ordinary  routine  of  bu.«iness,  no 
*        I  niorc  reiidy  to  consult  with  his  friend.-t, 


•  wasi 


,1  tirdif'r  to  their  oi)imon8,  than  he  was;  but 

r,.  wen'  some  occasions  on  which  he  held 

",,„.|1  with  no  man,  but  took  his  own  course, 

illiimt  reL'ardtoconscdUonces.     It  would  have 

,  II  a  mutter  of  entire  Indilleroncc  with  him,  ha<l 

V  ivliiile  .*>fniite  risen  as  one  man,  and  declared 

,1,  termini'''""  to  give  a  unanimous  vote  against 

It  would  have  mattered  nothing.     He 

wild  not  liavo  deferred  to  any  human  being. 

,tnated  bv  these  feelings  he  had  given  notice 

his  intention  in  the  month  of  May  ;  and  in 

(jience  to  that  determination  ho  had,  on  the 

,  jny  of  the  session,  laid  his  resolution  on 

e  table,  in  order  to  keep  the  matter  alive. 

This  brought  him  to  the  answer  to  the  que.s- 

n  proposed.    The  p^sentation  of  the  resolu- 

iis  of  the  legislature  of  Alabama  atlbrded  a 

.  and  proiH'v  occasion  to  give  that  public  notice 

riiich  he  had  alre.idy  informally  and  privately 

ivcn  to  many  members  of  the  Senate.    lie  had 

(1  tiiat  he  s'hould  bring  forward  his  resolution 

tlie  earliest  convenient  time.    And  yesterday 

viiin",  when  he  saw  the  attempt  which  was 

„e  to  give  to  a  proceeding  emanating  from 

kPosI  Office  Committee,  and  to  which,  by 

unanimous  consent  of  that  committee,  a 

[ilative <lirectiou  had  been  assigned,  a  new 

J,  by  one  of  the  senators  from  South  Caro- 

la.  so  as  to  make  it  a  i)roceeding  against  per- 

in  contradistinction  to  the  public  matters 

(lied  in  the  report ;  when  he  heard  these 

•sons  assailed  by  one  of  the    senators  from 

iiith  Carolina,  in  such  a  manner  as  to  prevent 

[wssibility  of  doubt  concerning  them  ;  and 

icn  lie  discovered  that  the  object  of  these  gentle 

tnwasimpeachment  in  substance,  if  not  in  form, 

did  at  once  form  the  determination  to  give 

ice  this  morning  of  his  intention  to  move  his 

iution  at  the  earliest  convenient  yjcriod. 

This  was  his  answer  to  the  question  which 

been  proposed. 

Mr,  King,  of  Alabama,  said  he  was  surprised 

lear  the  question  of  the  honorable  senator 

Kentucky,  as  he  did  not  expect  such  an 

juiry :  for  he  had  suppo.sed  it  was  well  under- 

d  by  every  member  of  the  Senate  what  his 

jments  were  in  regard  to  the  right  of  in- 

iction.    The  legislature  of  Alabama  had  in- 

icted  him  to  pursue  a  particular  cour.se,  and 

ihould  obey  their  instructions.   With  regard 

the  resolution  to  which  the  legislature  alluded, 

merely  say  that  he  voted  against  it  at 

time  it  was  adopted  by  the  Senate.    His 

ion  as  to  it  was  then,  as  well  as  now,  per- 

y  understood.      If  the    gentleman  from 

iouri  [Mr.  Benton]  declined  bringing  the 

ct  forward  relative  to  the  propriety  of  ex- 

ing  the  resolution  in  question  from  the 

1  of  the  Senate,  he,  himself  should,  at 

proper  time,  do  so,  and  also  say  something 

e  great  and  important  question  as  to  the 


I  of  instruction. 


Now,  that  might  be  ad- 


mitted in  its  fullest  exti-nf.  He  licM  lijs  plac»' 
there,  subject  to  the  coiitml  «.f  the  hnislulnre 
of  Alnlmma,  and  wliiiuvir  tluir  instructions 
reached  him,  he  shouM  Ih-  p>viTiiid  by  tliiin. 
He  made  this  stiktfuunt  without  iiiliring  inlo 
the  consideration  of  the  propriety  or  inipnipriitv 
of  senatoi.^  e.xerci.sing  their  own'  judgiurulas  to 
the  course  they  deemed  most  prujxT  to  piir,>iu'. 
For  hiinsolf.  never  having  dinililed  the  right  of 
a  li'gislttture  to  instruct  tlu-ir  siniitDrs  in  Con-' 
gress,  he  should  consider  him.sfir  ciiliialile  if  ho 
did  not  carry  tlieir  wishes  into  itUcI,  when  pro- 
iwrly  expressed.  And  he  had  hoju'd  ihire  wmild 
have  been  no  expression  of  the  Senate  at  this 
time,  a.s  he  was  not  disposed  to  enter  into  a  dis- 
cussion then,  for  particular  rcu.sons,  which  it 
was  not  necessary  he  should  state. 

"As  to  the  pi opriety  of  acting  on  the  sub- 
ject then,  that  would  depend  ujion  the  opinions 
of  gentlemen  as  tc  the  importance,  the  great  im- 
portance, of  having  the  journal  of  tlio  Senate 
freed  from  what  nuiny  supiwsed  to  he  an  uncon- 
stitutional act  of  the  Senate,  although  tho 
majority  of  it  thought  otherwise.  He  would 
now  say  that,  if  no  one  should  bring  forward  a 
proposition  to  get  tho  resolution  exjjunged,  ho, 
feeling  himself  bound  to  obey  the  opinions  of 
the  legislature,  should  do  so,  and  would  vote  for 
it.  If  no  precedent  was  to  be  found  for  such 
an  act  of  the  Senate,  he  should  most  unhesita- 
tingly vote  for  expunging  the  resolution  from  the 
journal  of  the  Senate,  in  such  manner  as  should 
be  justified  by  precedent. 

'•  Mr.  Clay  said  tho  honorable  member  from 
Alabama  had  risen  in  his  place,  and  presented 
to  tho  Senate  two  resolutions,  adopted  by  the 
legi.slature  of  his  State,  instructing  h',n  and  his 
colleague  to  use  their  untiring  exertions  to  cause 
to  be  expunged  from  the  journals  of  the  Senate 
certain  resolutions  passed  during  the  last  ses- 
sion of  Congress,  on  the  subject  of  the  removal 
of  the  deposits  from  the  Bank  of  the  United 
States.  The  resolutions  of  Alabama  had  been 
presented ;  they  were  accompanied  by  no  mo- 
tion to  carry  the  intentions  of  that  State  into 
effect ;  nor  were  they  accompanied  by  any  inti- 
mation from  tho  honorable  senator,  who  pre- 
sented them,  of  his  intention  to  make  any  pro- 
position, in  relation  to  them,  to  the  Senate. 
Under  these  circumstancer,  the  inquiry  was 
made  by  him  (Mr.  C.)  of  the  senator  from  Ala- 
bama, which  he  thought  the  occasion  called  for. 
The  inquiry  was  a  very  natural  one,  and  he  had 
learned  with  unfeigned  surprise  that  the  senator 
did  not  expect  it.  He  would  now  say  to  the 
senator  from  Alabama,  that  of  him,  and  of  him 
alone,  were  these  inquiries  made ;  and  with  re- 
gard to  the  reply  made  by  another  senator  (Mr. 
Benton),  he  would  further  say,  that  his  relations 
to  him  were  not  such  as  to  enable  him  to  know 
what  were  that  senator's  intentions,  at  any  time, 
and  on  any  subject,  nor  was  it  necessary  he 
should  know  them. 

"  He  had  nothing  further  to  say,  than  to  ex- 
press the  hope  that  the  senator  from  Alabama 


526 


THIRTY  YEARS'  VIKW. 


Willi. I,  fir  the  present,  withdraw  tho  rcrolij- 
Imin  he  had  pre-ontcci ;  aptl  if.  nfttT  ho  had 
«•  (Tisulled  pn-cfdentM.  and  a  careful  examination 
«»f  thi'  constitution  of  the  I'nited  StatcH,  he  finds 
tlmt  ho  can,  conHistently  with  them,  make  any 
jjropositions  for  tho  action  of  the  Senate,  he 
(.Mr.  C.)  would  1)0  wiilin'^  to  receive  the  resolu- 
tions, and  pay  to  them  all  that  attcntirm  and  rc- 
ni)ect  which  the  proceedinps  of  one  of  the  States 
of  this  Union  merited.  If  the  pciitleman  did 
not  jnirsue  that  course,  ho  should  feel  himself 
t)ound,  by  every  consideration,  by  all  the  obli- 
pations  which  bo\md  a  public  man  to  discharge 
his  duty  to  Ins  Ood,  hi.s  country,  and  his  own 
honor,  to  resisi  such  an  unconstitutional  proce- 
dure ns  thcrccci  tion  of  these  resolutions,  with- 
out tho  expressed  wiah  of  tho  legislature  of  Ala- 
bama, and  without  any  intimation  from  her 
senators,  of  any  proposition  to  bo  made  on  them, 
at  the  very  threshold.  Ho  did  hope  that,  for 
the  present,  the  gentleman  would  withdraw  these 
resolutions,  and  at  a  proper  time  present  them 
with  some  substantive  proposition  for  the  con- 
sideration of  tho  Senate.  If  he  did  not,  the  do- 
bate  must  go  on,  to  the  exclusion  of  tho  impor- 
t.int  one  commenced  yesterday,  and  which  every 
gentleman  o.vpocted  to  bo  continued  to-day,  a.s 
he  should  in  such  case  feel  it  necessary  to  sub- 
mit a  motion  for  the  Senate  to  decide  whether, 
under  present  circumstances,  the  resolutions 
could  be  received. 

'■  Mr,  Clay  declared  that  when  such  a  resolu- 
tion should  be  olfercd  he  should  dischnrge  the 
duty  which  ho  owed  to  his  God,  his  country  and 
his  honor. 

"Mr.  King  of  Alabama,  had  felt  an  unw'lling- 
noss  from  the  first  to  enter  into  this  discussion, 
for  reasons  which  would  be  understood  by  every 
gentleman.  It  was  his  wish,  and  was  so  under- 
stood by  one  or  two  friends  whom  he  had  con- 
sulted, that  tho  resolutions  should  lie  on  the 
table  for  tho  present,  until  the  debate  on  another 
subject  was  disposed  of.  In  reply  to  the  sena- 
tor from  Kontuc'.cy,  ho  must  say  that  he  could 
not,  situated  as  he  was,  accede  to  his  proposition. 
His  object  certainly  was  to  carry  into  effect  the 
wishes  of  the  legislature  of  his  State  ;  and  ho,  as 
well  as  his  colleague,  felt  botmd  to  obey  the  will 
of  tho  sovereign  State  of  Alabama,  whenever  made 
known  to  them.  He  certainly  should,  at  a  pro- 
per time,  present  a  distinct  proposition  in  rela- 
tion to  these  resolutions  for  the  consideration  of 
the  Senate;  and  the  senator  from  Kentucky 
could  then  have  an  opportunity  of  discharging 
"his  duty  to  his  God,  to  his  country,  and  his 
own  honor,'  in  a  manner  most  consistent  with 
his  own  sense  of  propriety. 

"Mr.  Clay  would  not  renew  the  intimation  of 
any  intention  on  his  part,  to  submit  a  motion  to 
the  Senate,  if  there  was  any  probability  that  the 
senator  from  Alabama  would  withdraw  the  reso- 
lutions he  had  submitted.  He  now  gave  notice 
that,  if  tho  senator  did  not  think  fit  to  withdraw 
them,  he  should  feel  it  his  duty  to  submit  a  pro- 
position which  would  most  probably  lead  to  a 


debate,  and  prevent  tho  one  commcnrcQ  y^^ 
day  from  being  resumed  to-day. 

'■  Mr.  Calhoun  moved  that  tho  re«o!iitii,ti  i 
laid  upon  the  table,  to  give  the  senat(,r  fr 
Alabama  [Mr.  King],  an  opi)ortunity  to  1,^,^1 
a  resolution  to  accomplish  the  meditated  inm^j 
of  rcsrinding  the  fonner  resolutions  of  tho  s^jl 
I  confes.'^,  sir  (observed  Mr.  C),  I  feel  s„||i(. , 
riosity  to  see  how  tho  senator  from  J[\i\, 
will  reconcile  such  a  proceeding  with  tin.  f.,! 
and  independent  existence  of  a  Senate.   |  j, . 
sir,  a  great  curiosity  to  hear  how  that  pent),  n 
proposes  that  the  journals  are  to  be  kept,  ifju, 
a  procedure  is  allowed  to  take  effect.    { f.\;,.M 
like  to  know  how  he  proposes  to  rciK-nlaj.jj 
nal.    By  what  strange  process  he  would  -Kvi,,  J 
facts,  and  annihilate  events  and  things  whiduJ 
now  the  depositories  of  history.    AV  hen  he  < 
have  satisfied  my  curiosity  on  this  partiolu 
then  there  is  another  thing  I  am  anxious  to  Ijeij 
formeil  upon, and  that  is,  what  form,  what  stn 
and  new  plan  of  procut ding,  will  he  supf.'cstforj 
adoption  of  the  Senate?     I  will  tell  him;  !j 
show  him  the  only  rcEOurce  that  is  left,  the  p 
to  which  ho  neces.'-  rily  comes,  and  thatisitjl 
he  will  be  obliged  to  declare,  in  his  rtsoliiti 
that  the  principle  upon  which  the  Senate  artii 
was  not  correct ;  that  it  was  a  false  and  emi» 
ous  principle.    And  let  mo  ask.  what  wa.?  tk 
principle,  which  now,  it  seems,  is  to  b«  dest™ 
ed  1    The  principle  on  which  the  Senate  acitj 
the  principle  which  that  gentleman  cnpipj  n 
overthrow,  is  this  :  'we  have  a  right  toexfitt 
our  opinion.'    Ho  will  bo  compelled  to  da 
that;  or,  perhaps,  he  may  take  refuge  from  4 
a  predicament  by  qualifying  his  subversinl 
this  first  principle  of  legislative  freedom,  .J 
how  will  no  qualify  the  denial  of  this  princi;i(l 
that  is,  how  will  ho  deny  it,  and  yet  appawa 
maintain  it  ?    He  has  only  one  resource  1 
and  that  is,  to  pretend  that  we  have  a  rigkiJ 
express  our  opinions,  but  not  of  the  Presife 
This  is  the  end  and  aim ;  yes,  this  is  tlieineviu 
con.sequence  and  result  of  such  an  extraordia 
such  a  monstrous  procedure. 

"  So  then,  it  is  come  to  this,  that  the  Sea 
has  no  right  to  express  its  opinion  in  relatioiii| 
the  Executive  ?  A  distinction  is  now  set  iipi( 
tween  the  President  and  all  other  officers,! 
the  gentleman  is  prepared  with  a  rcsoliitMll 
give  eflTect  and  energy  to  the  distinction; 
now,  for  the  first  time  that  such  a  doctrincN 
ever  been  hoard  on  the  American  soil,  heisji 
pared  to  profess  and  publish,  in  the  faceofil| 
American  people,  that  old  and  worn-out  do; 
of  old  and  worn-out  nations,  'the  King  nmi 
wrong!'  that  his oflScers, his  ministers, are il 
responsible ;  that  wo  shall  be  permitted  peri 
to  utter  our  opinions  of  them ;  but  a  unaainn 
opinion  expressed  by  the  Senate,  in  relatioil 
the  President  himself,  is  no  longer  suffcwi| 
exist,  is  no  longer  permitted  to  be  given;  its 
be  expunged  fiom  tho  journals. 

I  confess  I  am  agitated  with  an  intense  o 
osity :  I  wish  to  see  with  what  ingenuitvotd 


ANNO  isns.    ANnUFAV  .fA«"KS<)S.  PItKslDKNT. 


5-27 


the  one  commcncca  yt^i 
mod  to-day. 

red  that  the  r(>«oInti. n  ij 
,  to  pivo  the  scniiti.r  fr, 
I,  an  opi)ortiinity  t'i|,p] 
iplish  the  meditated  |iiir;'«_ 
nor  rosohitions  of  the  S.  14:  J 
rod  Mr.  C),  I  feel  smn,.  J 
the  senator  from  Ali'vJ 
a  proceeding  with  \.h  (> 
iHtence  of  a  Senate.    If, 
r  to  hear  how  that  prptiil  mt, 
Mimals  arc  to  lie  keitt.  \U^ 
i'cd  to  take  effect.    I  si/ 1^ 
10  proposes  to  rei)ealaj.j. 
inge  process  ho  would  'Iwi,, 
«  events  andthinj^whitini 
!8  of  history.    AVhenhc-V 
curiosity  on  this  partimli 
ur  thinp!  I  am  anxious  to  U 
nat  i^,  what  form,  what  sttai 
»cci  <  ling,  will  he  8Ufr!:o?t  for 
nato?     I  will  tell  him;  I 
f  resource  that  is  left,  the  [  ^ 
-rily  comes,  and  tlmtislrji: 
I  to  declare,  in  his  resoliit 
upon  which  the  Senate  at 
that  it  was  a  false  and  m. 
nd  let  mo  ask,  what  wa.«  iL, 
low,  it  seems,  is  to  be  de% 
,le  on  which  the  Senate  actt' 
ch  that  gentleman  eniniai 
! ;  '  we  have  a  right  to  exfi, 
e  will  be  compelled  to  dci 
[.  he  may  take  refuge  from-n 
f  qualifying  his  subversion 
e  of  legislative  freedom.  L 
ify  the  denial  of  this  princi;*, 
he  deny  it,  and  yet  apparaij 
[e  has  only  one  resource  Itf 
retendthat  we  havearifhl 
ions,  but  not  of  the  Pre* 
,  aim ;  yes,  this  is  the  inevitis 
esult  of  such  an  extraorJir- 
s  procedure. 
8  come  to  this,  that  the  Sei 
sxpress  its  opinion  in  relaliaii 
A  distinction  is  now  set  up' 
dent  and  all  other  officers, 
J  prepared  with  a  resokta 
energy  to  the  distinction;  f 
t  time  that  such  a  doctriiic 
on  the  American  soil,  he  is; 
and  publish,  in  the  faceol 
-i  that  old  and  worn-out  do; 
-out  nations, 'the King canoi 
s  officers,  his  ministers,  are 
it  we  shall  be  permitted  pc 
nionsofthem;  butaunaiii 
ged  by  the  Senate,  in  reto 
imself,  is  no  longer  suftcrei 
er  permitted  to  be  given  ;itiii 

)m  the  journals. 

n  agitated  with  an  intense 

0  see  with  what  ingenuity  of 


I  1  ,]ji,jr,iiHc  the  Senate  id  to  \te  rtnluci'd  to  th( 

I  Vnih  lipi^li'tion  of  Konaparte's  Senate.     Thii 

(•!<tioii  hriiip*  on  the  isnuc.    ""'•'-  


the! 

id  I 
Ti TV  ou'"'*"""  "i"'n" '•>'  ""-•  i-niH-.     I  ni8  very 
,'l»i.iti'in  of  expunging  our  resolutions  \n  the 
.-tion  iu  which  the  expunging  of  our  legisla- 
,  fr.    Iiiiu  and  iiidependeniH!  is  to  Iw  agitated. 
,,,;jf,..i.i  I  long  to  fee  the  strange  extri'niitie.s 
l|„  uhiih  the  gentleman  will  come.     It  is  a  ()ues- 
,  „t  ihr  utmost  magnitude;  Ian  anxious  to 
it  hri'ii-'lit  on;  two  senators  (Messrs.  Ben- 
in and  King 'i'   Alabama]  have  pledged  them- 
Ivisio  bring  it  forward.    They  cannot  doit 
«,P(i"Ui— ''ii'V  cannot  too  soon  expose  the  hor- 
1,|^.  r,      4  of  the  condition  to  which  our  coun- 
rv  is  riduced.    I  hope  they  will  make  no  dc- 
\'v'  let  tiieni  hasten  in  their  course;  let  them 
K.  iiu  time  ill  their  effort  to  expunge  the  Se- 
te.  and  dissolve  the  system  of  government  and 
institution.    Yes,  I  entn-at  them  to  push  their 
liilH-rate  jiurjioso  to  a  resolve.     They  have  now 
iven  origin  to  u   question  than  which  none 
rliaps  is,  in  its  effects  and  tendencies,  of  deep- 
ami  more  radical  importance ;  it  is  a  question 
ore  important  than  that  of  the  bank,  or  than 
t  of  tlic  I'ost  Office,  and  I  am  exctcdinerly 
sions  to  see  how  far  they  will  carry  out  the 
trine  tliey  have  advanced ;  a  doctrine  as  en- 
ring  and  as  despotic  as  any  that  is  maintained 
tiie  Autocrat  of  all  the  Russia.'!.    To  give  them 
opportunity,  I  move  to  lay  the  resolutions 
the  table,  and  I  promise  them  that,  when  they 
ive  their  resolution,  I  will  be  ready  to  take  it 

["Mr.  Clay  said  that  the  proposition  to  receive 

;  resolutions  was  a  preliminary  one,  and  was 

!  question  to  which  he  had  at  first  invited  the 

kention  of  the  Senate.    The  debate,  certainly, 

yi  been  very  irregular,  and  not  strictly  in  or- 

He  had  contended,  from  the  first,  for  the 

jrpose  of  avoiding  an  interference  with  a  de- 

kc  on  another  subject,  that  the  subject  of  the 

pama  resolutions  should  not  bo  agitated  at 

it  time.    The  senator  from  Alabama  having 

used  to  withdraw  these  resolutions,  he  was 

upcllcd  to  a  course  which  would,  in  all  pro- 

liility,  lead  to  a  protracted  debate. 

'Mr. Clay  then  submitted  the  following : 

flksoked.  That  the  resolutions  of  the  legis- 

fire  of  Alabama,  presented  bj'  the  senator 

I  that  State,  ought  not  to  be  acted  upon  by 

j  Senate,  inasmuch  as  they  are  not  addressed 

the  Senate,  nor  contain  any  request  that  they 

Uaid  before  the  Senate ;  and  inasmuch,  also, 

hat  which  those  resolutions  direct  should  be 

^e,  cannot  be  done  without  violating  the  con- 

Btion  of  the  United  States." 

iMr.  Calhoun  here  moved  to  lay  the  resolu- 

p  on  the  table,  which  motion  took  prece- 

of  Jlr.  Clay's,  and  was  not  debatable. 

Iwithdrew  it,  however,  at  the  request  of  Mr. 

jton. 

IMr.  Benton  said  an  objection  had  been  raised 

|he  resolutions  of  Alabama,  by  the  senator 

I  South  Carolina  and  the  senator  from  Pela- 

f,  to  which  he  would  briefly  reply.     Is'ced 


ho  refer  tbo-o  gentlompn  to  the  c>  !r«e  of  th'-ir 
own  readinu'  /  he  would  refir  tlu'in  to  tin-  raoe 
in  B  .State  contiL'uoiis  to  .'*oulh  I'amiiu.v,  wlioro 
certain  proei'eiiiuirs  of  it-  icgislatun'  win!  \>t\\f 
licly  burnt,  ri'lio  journal  of  the  Vii zoo  fraud, 
in  (it'orgia.)  Nird  lie  mMit  tbi-iu  to  tin-  rase  of 
^^'ilkes  7  whore  the  Urititli  Ibimc  of  ConinionH 
expunged  ('crlaiu  prorei'diiiers  from  tiiiir  I'liinial 
— expMimi'd  !  not  by  the  chihlisli  priKo-i  of  send- 
ing out  for  every  copy  and  cutting'  a  leaf  IVnui 
each,  but  by  a  more  etllTttial  procc-s.  Hi'  would 
desorilie  the  iikuIuh  as  he  read  it  in  the  parlia- 
mentary bi.story.  It  was  this:  Tluio  was  a 
total  susii<.'nsion  of  business  iu  the  House,  ami 
the  clerk,  taking  the  ollicial  Journal,  the  o!i;.'inal 
record  of  its  procei'dincrs.  and  nadiiig  the  clause 
to  1)0  expiiiiged,  obliterated  it,  word  after  word, 
not  by  making  a  Saint  Andrew'.s  cross  over  the 
clause,  as  is  sometimes  done  in  old  accounts, 
but  by  com]detely  erasing  out  every  letter. 
This  is  the  way  expunging  is  dont',  and  this  i.s 
what  I  projiose  to  get  done  in  the  Senate,  through 
the  power  of  the  petiple,  upon  this  lawless  con- 
demnation of  President  Jack.'-on :  and  no  sys- 
tem of  tactics  or  manaMivros  shall  iruvent  me 
from  following  up  the  design  according  to  the 
noticL"  given  yestenlay. 

"  Mr.  King  of  Alabama,  in  reply,  said  that 
when  the  proper  time  arrived — and  he  should 
use  his  own  time,  on  his  own  resjionsibility — he 
would  bring  forward  the  resolution,  of  which  the 
senator  from  Mis.souri  had  given  notice,  if  not 
prevented  by  the  previous  action  of  that  gentle- 
man, lie  had  no  doubt  of  the  power  of  tl;o 
Senate  to  repeal  any  resolution  it  had  adopted. 
What !  repi>nl  facts  ?  asked  the  senator  from 
South  Carolina.  He  would  ask  that  gentleman 
if  they  had  it  not  in  their  power  to  retrace  their 
steps  when  they  have  done  wrong  ?  If  they 
had  it  not  in  their  power  to  correct  their  own 
journal  when  asserting  what  was  not  true  ?  The 
democratic  party  of  the  country  had  spoken,  pro- 
nounced judgment  upon  the  facts  stated  in  that 
journal.  They  had  declared  that  these  facts 
were  not  true;  that  the  condemnation  pro- 
nounced against  the  Chief  Magistrate,  for  having 
violated  the  constitution  of  the  United  States, 
was  not  true ;  and  it  was  high  time  that  it  was 
stricken  from  the  journal  it  disgraced. 

"  Mr.  Calhoun  observed  that  the  senator  from 
Alabama  having  made  some  jiersonal  allusions 
to  him,  he  felt  bound  to  notice  them,  although 
not  at  all  disposed  to  intrude  upon  the  patience 
of  the  Senate.  The  senator  had  said  that  ho 
(Mr.  C.)  was  truly  connected  with  party.  Now, 
if  by  'party'  the  gentleman  meant  that  he  was 
enlisted  in  any  political  scheme,  that  he  desired 
to  promote  the  success  of  any  party,  or  was  anx- 
ious to  see  any  particular  man  elevated  to  the 
Chief  Magistracy,  he  did  him  great  injustice.  It 
was  a  long  time  since  he  (Mr.  C.)  had  taken  any 
active  part  in  the  political  affairs  of  the  country. 
The  senator  need  only  to  have  looked  back  to 
his  vote,  for  the  last  eight  years,  to  have  been 
satisfied  that  he  (Mr.  0.)  hud  voluntarily  put 


528 


TIIIUTY  VKAIIS'  Vll.W. 


liiiTiHclf  in  the  V(  ry  Rmall  minority  to  wliirh  ho 
iM'lorip'il.  Hill!  I)i:it  lif  )ii\i|  liniii'  this  til  hcrvc  til)' 
^'iiliaiit  mill  |i:ilriiitir  State  nf  Siiutii  Cari'liiiii. 
Woiljil  the  prlillclliull  Has  llilit  he  ili<l  IKit  .-lip 
ri>r\Mllil    ill    ildi'lire    lit'  Solltil    ( 'iirnlillll,   ill    till* 

pri-iit  aiiii  iiiii/iiaitiiiiniiH  htiiml  wliiiii  ^liu  tonk 
in  <lffi-iiee  it'  liir  ri^'iitf.  ?  Now.  hi-  ui>ii(il  tlie 
Hi'iiiitDr  to  iiiiiii  THluiiil  liiin,  tliiit  lii>  liiul  |iiit  iiiiii- 
Keir  ill  II  iiiiiini'ity  of  lit  IcuHt  iini'  tn  a  liiiii<lri-<l ; 
tiiat  liu  iiail  alciiuiont'il  party  viiliintarily,  freely; 
and  he  woiiiii  tell  every  senator — U>r  he  was  coii- 
Ktraiiicil  to  r^pealv  of  himself,  and  therefore  Ite 
slioiilil  speak  !»i»lilly — he  would  iiot  turn  upon 
hiH  hec-1  for  liie  uihiiiiiiHtration  of  the  alfairH  of 
this  poverniiieiit.  1I>^  lielicvod  that  Ruch  wan 
the  hold  which  eurnipiion  iiad  olitained  in  tliis 
governnient.  that  any  man  who  nhoiild  under- 
take to  reform  it  would  not  bu  suHtained." 

Mr.  Kinjj  of  Alahamn  moved  that  the  resolu- 
tions be  priuteil,  which  motion  was  Nuperseded 
by  a  motion  to  lay  it  on  the  table,  wliich  pre- 
vailed— yeas  twenty-seven,  nays  twenty — as  fol- 
Itiws : 

"Yk.ao.— Messrs.  Bell,  Bibb,  Black,  Calhoun, 
Clay,  Clayton,  Kwin;;,  Frelin^huysen,  Golds- 
borouph,  Hendricks,  Kent,  Knij^ht,  Leifrh,  jNIan- 
giim,  Naudain.  I'oiudextcr,  Porter,  Prentiss, 
Uobbins,  Silshce,  Smith,  Southard,  Swift,  Tom- 
liiiHon,  Tyler.  AVapr^'aman,  Webster. 

"Navs. — .Messrs.  Henton,  Brown,  Buchanan, 
Cuthbcrt,  (iiundy.  Hill,  Kane,  Kiiip;  of  Alaba- 
ma, King  of  (leorgia,  Linn.  McKean,  Moore, 
Morris,  Preston,  Bobinson,  Shei)ley,  Talhnadfre, 
Tipton,  White,  Wright." 

And  thus  the  resolutions  of  a  sovoreign  State, 
in  favor  of  expunging  what  it  deemed  to  be  a 
lawless  sentence  pa.ssed  upon  the  President,  were 
refused  even  a  reception  and  a  printing — a  cir- 
cumstance which  seemed  to  augur  badly  for  the 
final  success  of  the  series  of  expunging  motions 
which  I  had  pledged  myself  to  make.  But,  in 
fact,  it  was  not  discouraging — but  the  contrary. 
It  strengthened  the  conviction  that  .such  conduct 
would  sooner  induce  the  change  of  senators  in 
the  democratic  States,  and  pemiit  the  act  to  be 
done. 


C  HAP  T  Ell    C  XXII  I. 

THE  EXPUNGING  KESOLUTION. 

From  the  moment  of  the  Senate's  condemnation 
of  General  Jackson.  Mr.  Benton  gave  notice  of 
hif?  intention  to  move  the  expunction  of  the 


centcnre  from  the  joumnl,  perio<iiraIly  wiiic- 1 
tiiiiiMlly  until  the  object  should  be  elliri.,!  I 
his  |ioIiticul  li(i'  come  to  its  end.  In  npnf,  r,  I 
to  this  notice,  he  made  hi«  foniial  niotiuim.'l 
session  '31-';!.') ;  and  in  these  words; 

"  IkHiilred,  That  the  resoliitlon  ndotitui  \\ 
the  .Siiate,  on  the  liMtli  day  of  .Mairli,  |„  .  I 
vtar  IsU.  in  the  following  words:  '//./(...f,'! 
'rii;it  the  President,  in  the  late  e.veciitjvc  J  J 
eeeilinjrs  in  relatiou  to  the  jmlilic  rtApiim.  I'l 
assuriKil  upc.i  hiniself  authority  and  iKiw(rr,,tl 
( oiiferred  by  the  constitution  and  laws,  |,i,(,l 
derogation  of  Ijoth,'  Ix;,  and  the  saiiie  tiirdniil 
ordered  to  lie  e.xjiunged  from  the  JiiynialJii 
the  Senate;  because  the  said  resolution  is  j;!^ 
gal  and  unjust,  of  evil  example,  inih  Unit,.  J 
vagTie,  expressing   a  criminal    chaip!  v  rU 

sjeciliciition;  mid  was  irregularly  and  uiic'uii.t;  J 
I  tionallyadoiited  by  the  Semite,  in  suljvor.ioii 
the  rights  of  defence  which  belong  to  nii  airu. 
and  imjieachablo  ollicer;  and  at  a  tin 
under  circumstances  to  endanger  tlie  [,>  iii 
rights,  and  to  injuie  the  iiecimiary  iuttnstJ 
the  people  of  the  United  States." 

This  proposition  was  extremely  distasttfulti 
the  Senate — to  the  majority  whicli  pas-nliy 
sentence  on  General  Jackson  ;  and  .Mr.  Soutlu 
senator  from  New  Jersey,  spoke  tiair  siJ 
mcnts,  and  his  own,  when  he  thus  bitterlvcl* 
ractcrized  it  as  an  iinlietment  which  the  ^m 
itself  was  required  to  try,  and  to  degiaik' ii* 
in  its  own  condemnation, — he  said : 

"The  object  of  this  resolution  (saiii.Mr.il 
is  not  to  obtain  an  expression  from  the  ,S;ij 
that  tlieir  former  opinions  were  errontous.i 
that  the  Executive  acted  correctly  in  reiatiniiJ 
the  public  treasury.  It  goes  further,  anJ  J 
nounces  the  act  of  the  Senate  as  so  niiconsty 
tional,  unjustiiiable,  and  offensive,  timt  ti.eii 
deuce  of  it  ought  not  to  be  permitted  to  itm 
upon  the  records  of  the  government.  ItL<d 
indictment  against  the  Senate.  The  m 
from  Missouri  calls  upon  us  to  sit  in  Judjnii 
upon  our  own  act,  and  warns  us  that  we  o 
save  ourselves  from  future  and  lastinj:  deiii 
ciation  and  reproach  only  by  proiiomicinji^ 
own  condemnation  by  our  votes.  Hcastiii 
us  that  he  has  no  desire  or  intention  t<i  tltf 
the  Senate,  but  the  position  in  which  he  wtj 
place  us  is  one  of  deep  degradation— dipii 
tion  of  the  most  humiliating  character— »ii 
not  only  acknowledges  error,  and  aJinits 
disable  misconduct  in  this  legislative  brandij 
the  government,  but  bows  it  down  ktell 
majesty  of  the  Executive,  and  makes  us  a 
incense  to  his  infallibility." 

The  bitterness  of  this  self  trial  was  & 
ed  by  seeing  the  course  which  the  public  n 


ANNO  1833.    ANI)i:i:W  JACKSON,  rUt>*II)KNT. 


029 


to  its  cnil.  In  roii(um,in| 
L-  111*  fonnal  moliun  »i  ul 
n  till"***-'  w'lnlsi: 

ho  n'i«o!«tioi\  m\n\\\(i\  v, 
>Xl\\  iliky  of  M""  l>.  Hi  •« 
iDwinjr  woriU:  'WMMfMl 
ill  tlic  liitc  cxcctitivf  |„ 
to  the  jiiihlic  riM'imc,  ul 
If  authority  mid  i«m(nt| 
iHlitution  ami  Ihwr.  |,i;t  ,1 
1)0.  ai>'l  i''^'  wiini.'  liiTi'liy  u,l 
iijfc'd  from  llie  j^ynial,  ' 
;  the  saiil  rt'snhuion  ii  i,<.| 
vil  fxainiilc,  imlt  linit.  j-,i| 
a  criniiiirtl    chmv'''  <»  iImJ 
isim'Hiili>i''y'">''"""''"i-tiii'l 
tlie  Hi'iiute,  iurtuliviT,-M. 
e  wliich  beloiiKtoan  aau-J 
olllftT ;   and   at  n  tiim  irJ 
^t'3  to  cmlanii^'r  llif  ).  liiiil 
re  tlie  i)cciiniary  iiiUitsii)l| 
L'uitcJ  Status." 

1  was  extremely  distafttfdJ 
10  majority  which  pas-ciltlj 
al  Jackson  ;  and  Mr.  Soutk 
w  Jersey,  ppol<L'  their  >niy 
•n   when  he  tlius  lUlurly  c 
1  in<lictnient  which  tliu  !«(ii 
i\  to  try,  and  to  dciiiai'i  ;»lj 
(ination,— be  said : 

this  resyUition  (said  Mr,  J. 
in  expression  fmin  tlic  Sm 
opinions  were  erroneous, 
re  acted  correctly  in  rclaim 
ry.     It  goes  furtlier,  awl ' 
_,f  the  Senate  as  so  inieonn: 
ble  and  offensive,  tlmt  tie 
t  not  to  be  permitted  to  ra 
Is  of  the  government.  lu* 
^st  the  Senate.     The  Si-" 
alls  upon  us  to  sit  m  jud; 
ict,  and  warns  us  that  w 
Vom  future  and  lastin):  k 
roach  only  by  prtinouiicmi 
ion  by  our  votes.    Heas- 
10  desire  or  intention  t 
the  position  in  which  k  v. 

of  deep  degradation-ilip 
rit  humiliating  character-* 
ivledges  error,  and  aJinits  i 
luct  in  this  legislative  1« 
but  bows  it  down  M"« 

'Executive,  and  makes  ui 

afallibility." 

ss  of  this  self  trial  was  a?;i 

ho  course  which  the  public 


tv  t»kiiii:.    A  rnrrent,  itron;?  ami  oteady,  and 

,,untly   fwdlinj:,   wiw    mttinn    in    for    thn 
pn.nKJfnt  and  a(.'ainHt  the  Stnate  ;  and  renolu- 
).n*  from  the  Ujji.slHtiir*  ^  of  Mvcrai  StaUn — 
|.jUina.  .Mii-icj'ippi.  New  J«  isi  y,  N»rth  C'aro-  j 
liu— liaf'  'diiitdy  arrived  inNtnutiiig  their  cena- 
L-  to  vote   fir   tlic   expui>;ation  which    Mr.  ' 
Ifiitin  ppijiO'ed.      In  the  mean  time  he  hatl  , 
H,t  vt t  nmile  his  leading  hp<e<li  in  favor  of  his 
linn;  »>"!  1"'  ,)'"l«^''l  this  to  be  the  proper 
I     ,„  ,io  no.  in  onler  to  produce  its  elfects  on 
,.  elections  of  the  ensuing  summer ;  and  ac- 
rlinply  now  s|  "ke  as  follows : 
.Mr.  Beiitiin  then    rose  and  addressed  the 
Mte  in  fiipport  of  his  motion.     He  said  that 
rtsiilulion  which  he  had  offered,  though  re- 
Ivcfl  ui'on.  as  he  had  heretofore  stated,  with- 
ci.iiltatiou  with  any  person,  wa.i  not  re- 
Ivtil  iiiMfii  without  great  ilelilK-ration  in  his 
jii  miiitl.    The  criminating  resolution,  which 
L.>i  hi.s  object  to  expunge,  was  presented  to 
Senate,  December  2Clh,  1833.     The  senator 
11  Kentucky  who  introduced  it  [Mr.  Clay], 
imcnced  a  diHCu.ssion  of  it  on  that  day,  which 
continued  through  the  months  of  January 
Fibriiiiry,  and  to  the  end,  nearly,  of  the 
ith  of  .March.     The  vote  was  taken  upon  it 
28th  of  March ;  and  about  a  fortnight  there- 
ir  lie  announced  to  the  Senate  his  intention 
inimenci;  a  series  of  motions  for  expunging 
ri'goliition  fi-om  the  journal.    Here,  then, 
nearly  four  months  for  consideration  ;  for 
decision  was  expected;  and  he  had  very 
jusly  considered,  during  that  period,  all  the 
lultics,  and  all  the  proprieties,  of  tie  step 
:li  he  meditated.    Was  the  intended  motion 
■ar  the  joiu'nal  of  the  resolution  right  in 
?   The  convictions  of  his  judgment  told 
that  it  was.    Was  expurgation  the  proper 
]   Yes;  he  was  thoroughly  satisfied  that 
iva.s  the  proper  mode  oi'  pr^ . ;  <  ding  in  this 
For  the  criminating  I'csoluliuu  which  he 
(1  to  fiet  rid  of  combiricJ  nil  the  charac- 
lic9  of  a  case  which  required  erasure  and 
[ration :  for  it  was  a  case,  as  he  believed, 
exercise  of  power  without   authority, 
»utevenju"sdiction;  illegal,  irregular,  and 
Other  modes  of  annulling  the  resolu- 
13  rescinding,  reversing,  repealing,  could 
proper  in  such  a  case ;  for  they  would 
rightful  jurisdiction,  a  lavvful  authority, 
fl  action,  though  an  erroneous  judgment. 

IYuL.  I.— 34 


AH  that  he  denied.  He  di'ni<-<l  the  niithority 
of  the  Senate  to  |ia->«  hui'Ii  a  reKohitl<>ii  at  all ; 
and  lie  alliriiiecl  that  it  was  iinjiirtt,  ai»<l  rori'.ru- 
ry  to  the  truth,  a-s  well  as  contrary  t«  law. 
Thin  being  hi.s  view  of  the  n-sohition.  he  In  Id 
that  the  true  iiiiil  pr(i|KT  roiirse,  the  |>arliu- 
mentary  course  of  piiHTediiij"  in  diich  a  ease, 
was  to  expunge  it. 

IJut,  said  Mr.  IJ.,  it  i.i  objected  that  the  Senate 
has  no  right  to  expunge  any  thing  from  its 
journal  ;  that  it  \n  required  by  the  ei institu- 
tion to  keep  a  journal ;  and,  being  bo  reijuiied, 
couhl  not  destroy  any  part  <>f  it.  This,  saiil 
Mr.  IS.,  lA  sticking  in  the  bark ;  and  in  the  thin- 
nest bark  in  which  a  shot,  even  the  smallest, 
was  ever  lodged.  Various  are  the  meanings  of 
the  word  keep,  used  as  a  verb.  To  keep  a  jour- 
nal is  to  write  down,  daily,  the  history  of  what 
you  do.  For  the  Senate  to  keep  a  journal  is  to 
causo  to  he  written  down,  every  day,  the  ac- 
count of  its  jiroceedings  ;  and,  having  done  fliat, 
the  constitutional  injunction  is  salislied.  The 
constitution  was  satisfied  by  entering  this  crim- 
inating resolution  on  the  journal ;  it  will  !)« 
equally  satisfied  by  entering  the  expunging  res- 
olution on  tlie  same  journal.  In  each  case  the 
Senate  keeps  a  journal  of  its  own  proceedings. 

It  is  objected,  also,  that  we  have  no  right  to 
destroy  a  part  of  the  journal ;  and  that  to  ex- 
punge is  to  destroy  and  to  prevent  the  expung- 
ed part  from  being  known  in  future.  Not  no 
the  fact,  said  Mr.  B.  The  matter  expunged  is 
not  destroyed.  It  is  incorporated  in  the  ex- 
punging resolution,  and  lives  as  long  as  that 
lives ;  the  only  effect  of  the  expurgation  being 
to  express,  in  the  most  emphatic  manner,  the 
opinion  that  such  matter  ought  never  to  have 
been  put  in  the  journal. 

Mr.  B.  said  he  would  support  these  positions 
by  authority,  the  authority  of  eminent  exam- 
ples ;  and  would  cite  two  cases,  out  of  a  multi- 
tude that  might  be  adduced,  to  show  that  ex- 
punging was  the  proper  course,  the  parliaincn- 
mcntary  course,  in  such  a  case  as  the  one  now 
before  the  Senate,  and  that  the  expunged  mat- 
ter was  incorporated  and  preserved  in  the  ex 
punging  resolution. 

Mr.  B.  then  read,  from  a  volume  of  British 
Parliamentary  History,  the  celebrated  case  of 
the  Middlesex  election,  in  which  the  resolution 
to  expel  the  famous  John  Wilkes  was  expunged 
from  the  journal,  but  preserved  in  the  expurga- 


5.'J0 


TIIIKTY  W.MIA'  VIKW. 


tory  n'Holiilion.  no  n  'd  be  _;'  .»t  nc  well  rcml 
now  RN  if  it  hit'l  ncv  r  (kmi  blotted  out  fnun 
the  JoiinialM  f)f  tb(!  Mriti.ili  IIoiik'  of  ('uninninn. 
Tlie  rvHoIution  run  in  tln'Nc  wonln:  ''Tbnt  tlu' 
M'HoIiitji.ii  of  tli«'  Ifoiifo  of  tlic  17tli  Fcbninry. 
I7'i'.',  'tliiit  .bilin  Wilkrn,  ll>(|.,  h.ivinjr  Ik'i'h,  in 
lliii  Hcsslon  of  I'tirlianicnf,  rxiKlli<l  lliis  HotiHc, 
«■«•<  nnd  iH  ini  /ipnblc  of  U-in^  clccfcd  a  nicnibtT 
t'l  sent'  in  tlio  prt'wnt  I'nrli.inu'nt,'  bo  oxjiunn- 
<il  from  tlic  JoiinialM  of  tliin  House,  nn  btinp 
t-iiliviTsive  of  the  rinlits  of  tlio  wliolo  body  of 
i|.(t'ir>  of  tills  kiiijrdotii."  Siirb,  Raid  Mr.  H., 
\v<  re  tJio  tenns  of  tlie  oxpnnjjrinR  reMoIntinn  in 
tlie  ciif'o  of  the  Midiile.'iex  election,  as  it  was 
annually  introduced  from  17C9  to  1782 ;  when  it 
was  finally  passe'l  by  a  voty  of  near  three  to 
one,  and  the  clause  ordered  to  bo  cxjiunpcd  was 
blotted  out  of  the  journal,  and  obliterated,  by 
the  clerk  at  tho  table,  in  the  presence  of  the 
whole  House,  which  remained  Bilent,  and  all 
business  suspended  until  tho  obliteration  was 
complete.  Yet  tho  history  of  the  caso  is  not 
lost.  Thonph  blotted  out  of  one  part  of  the 
journal,  it  is  eaved  in  another ;  and  here,  at  the 
distance  of  half  a  century,  and  Bome  thougand 
miles  from  London,  tho  whole  caso  is  read  as 
fully  as  if  no  such  operation  had  ever  been  per- 
formed upon  it. 

Ilavinp  given  a  precedent  from  British  par- 
liamentary history,  Mr.  B.  would  give  another 
from  American  history ;  not,  indeed,  from  the 
Congress  of  tho  assembled  States,  but  from  one 
of  the  oldest  and  most  respectable  States  of  the 
Union :  he  spoke  of  Massachusetts,  and  of  the 
resolution  adopted  in  the  Senate  of  that  State 
during  the  late  war,  advereo  to  the  celebration 
of  our  national  victories ;  and  which,  some  ten 
years  afterwards,  was  expunged  from  the  jour- 
nals by  a  solemn  vote  of  tho  Senate. 

A  year  ago,  said  Mr.  B.,  the  Senate  tried 
President  Jackson ;  now  tho  Senate  itself  is  on 
trial  nominally  before  itself;  but  in  reality  be- 
fore America,  Europe,  and  posterity.  We  shall 
give  our  voices  in  our  own  case ;  we  shall  vote 
for  or  against  this  motion ;  and  the  entry  ujion 
tho  record  will  be  according  to  the  majority  of 
voices.  But  that  is  not  the  end,  but  the  be- 
ginning of  our  trial.  We  shall  be  judged  by 
others ,  by  the  public,  by  the  present  age,  and 
by  all  posterity  I  Tho  proceedings  of  this  case, 
and  of  this  day,  will  not  be  limited  to  the  present 
«lge,;  they  will  go  down  to  posterity,  and  to  the 


latest  npef«.    I'n-Hidi'nt  .liirksoii  i^  not  a  rlufvt-l 
to  Ik-  forgotten  in  history.     His  name  1:4 1,,^  ^| 
lie  eonflnc'd  to  tho   dry  ratali»(;n«  niii|  f,f||~| 
iiori;eii(|ntnr(>   <f    inero    AnuTimn    l'ir»i.|fi|(,| 
Like  till- grr'jif    lloiiiaiis  who  attnincij  \\tf„A 
sulsbip.  not  by  the  paltry  arts  of  elcetioncfrvl 
but   through  a  hcries  of  illuHtrioiis  rlit,],  |^| 
name  will  live,  not  for  tho  ofllces  |m,.  fiii,.,| )  I 
for  the  deeds  which  ho  iH-rfonned.     Ik- m  (i,! 
first  President  that  has  ever  reaived  tlio  njt 
tlemnation  of  tlie  Senate  for  the  violation  f.fiJ 
laws  and  the  institution,  the  first  whose rjul 
is  borne  upon  the  journals  of  tho  American ' 
nate  for  the  violati<m  of  that  constitution whH 
he  is  sworn  to  observe,  and  of  those  laws  win 
ho  is  bound  to  see  faithfully  cxeciitMi.  .Sij 
a  condemnation  cannot  escape  the  (ihscmv/ 
of  history.     It  will  bo  read,  considered,  jmlj^J 
when  the  men  of  this  day,  and  the  pajsionsj 
this  hour,  shall  have  passed  to  eternal  repdif  I 

Before  he  proceeded  to  the  exposition  if 
case  which  ho  intended  to  make,  he  winhH 
avail  himself  of  an  argument  whicli  had  I 
conclusive  elsewhere,  and    which  he  tnusi 
could  not  be  without  eflect  in  this  Senate, 
was  the  argument  of  public  opinion,   ki 
case  of  tho  Middlesex  election,  it  liaillwnd 
cisive  with  tho  British  House  of  Common!;] 
tho  Massachusetts  case,  it  had  been  decim 
with  the  Senate  of  that  State.    In  botii  tin 
cases   many  gentlemen  yielded  their  pij 
opinions  to  public  sentiment ;  and  public  s 
ment  having  been  well  pronounced  in  tiie  e 
now  before  tho  Senate,  ho  had  a  right  to  M 
for  the  same  deferential  respect  for  it  herei 
had  been  shown  elsewhere." 

Mr.  B.  then  took  up  a  volume  of  Britislii 
liamentary  history  for  the  year  1782,  the ! 
volume,  and  read  various  passages  from  | 
1407, 1408, 1410, 1411,  to  show  the  stress  i 
had  been  laid  on  the  argument  of  public  opi 
in  favor  of  expunging  the  Middlesex  resolntii 
and  tho  deference  which  was  paid  to  it  bj^ 
House,  and  by  members  who  had,  until  t 
opposed  the  motion  to  expunge.    He  resdl 
from  Mr.  Wilkes'  opening  speech,  on  reoei 
his  annual  motion  for  the  fourteenth  tkl 
follows : 

"If  the  people  of  England,  sir,  have it^ 
time  explicitly  and  fully  declared  an 
respecting  a  momentous  constitutional  qu 
it  has  been  in  regard  to  the  Middlesex  ein 


ANNO  Has.     ANMRr.W  JACKS(»X,  rUI>II»KXT. 


531 


it  .Inckunn  Uimt  a  rh&fvti» 
itory.     Him  iimiii-  Ih  wa  v, 
dry  c(\iiil<>c'in  nivl  <i1t\r^ 
tTv    Aiiu'rinin    l'rr<ii.|,[,.j 
mm  wlio  ntlftiiml  itifr>«^ 
laltry  nrt«  of  fU'ctioiicni^l 
(ft  of  UlnHtrioim  (|cr(l«.  \J 
For  the  ofllci'N  lie  tlllnlW, 
I  ho  ptTfomiofl.    Ho  'J  I J 
hBH  over  n'a'ivcd  tlio  iyJ 
anato  for  th<!  violnlion  (if  il,] 
it<it5on,  the  first  \\\\«h-  m 
(;!imnl«  of  the  American 
on  of  that  conKtitutionib 
ervc,  nnfl  of  tliosc  Uwswi 
•0  fiiithfuUy  oxcr\it((i.  Sr 
innot  cHcnpc  the  otiscm'Ki 
1  be  reail,  considered,  jmljt^l 
this  day,  and  tlie  pa.«si(in<( 
ive  passed  to  eternal  repn^f 
cdcd  to  the  exposition 
ended  to  make,  he  vvinhH 
an  argument  which  had 
hero,   and    which  he  trai 
hout  cflcct  in  this  Senate. 
nt  of  public  opinion,   h 
Icsex  election,  it  had  loon 
Irititih  House  of  Coinmor.<; 
;t8  case,  it  had  hccii  dj 
of  that  State.    In  both  tl 
itlemcn  yielded  their  pm 
ic  sentiment  •,  and  public « 
n  well  pronounced  in  the 
Senate,  ho  had  a  right  to! 
jrential  respect  for  it  here 
elsewhere." 
ook  up  a  volume  of  British  i 
jry  for  the  year  1782,  the 
,d  various  passt^s  from 
0, 1411,  to  show  the  stress 
\  the  argument  of  public  o[ 
nging  the  Middlesex  resolrt 
CO  which  was  paid  to  itbjl 
members  who  had,  antil 
)tion  to  expunge.    Herod 
es'  opening  speech,  on  rem 
tion  for  the  fourteenth  tiK| 

pie  of  England,  sir,  have  «n 
and  fully  declared  an  ^ 
omentous  constitutional  qn 
regard  to  the  Middlesex  eie 


•    •     •     •     u 'rin.jr  v„j^  ^.^  nover  [  tho  voi.r  (/  th«>  pioplo  cntw ndlinu  in— »  nwidl* 

inn  'I'll',  rislnir  n.*  it  fl>>u<;i| — nml  ciivrriiitj  '''* 


Ijitrd  in  a  more  cirnr  niid  dixlinot  manner  than 
lOtlii''  l"""'  "^  '''^'  ""^^  nmjniiludr  fur  nil  tin- 
I,  ,w<ir*  "(^  ('■*'  kingdom,  and  I  trutit  will  now 
||<  t,.«pl  favorably." 

II,.  tlnn  read  from  Mi-.  Fox'h  Fjiocrh.  Mr. 
If .t  luid  hen'toforo  opponiil  the  »'X|nm>rin(!: ri-so- 
lliitiin.  but  now  yiildoti  to  it  in  ola-iliencu  to  the 
|,,iccof  iho  jioople. 

-He  (Mr.  Fox)  had  tunietl  the  (pioKtion  often 
In  \\\<  mind,  ho  WBh  "till  of  opinion  that  tho  re- 
DJiition  which  ji^cntlemcn  wanted  to  exptmjrp 
rx*  fmindid  on  proper  prinriples."  •  ♦  ♦  ♦ 
M'iiiiu;.di  hi!  o|)po.'*cd  tho  motion,  ho  fid t  very 
liitli'  anxiety  for  the  event  of  the  qiiention  ;  for 
Inn  lie  found  tho  voire  of  tho  people  was 
triinstthe  privile?;o,  as  ho  Ijelieved  wawtho  cnse 
It  incent,  he  would  not  preserve  the  privilege." 
•  ♦  ♦  "  The  people  had  associated,  they 
^a<l  declared  their  sentiments  to  Parliament, 
I  h.iil  taiiftlit  Parliament  to  listen  to  tho  voice 
ftlieir  constituents." 

ILivin;;  read  these  pass.ijres,  Mr.  B.  paid  they 

\m  tho  sentiments  of  an  English  whig  of  the 

sihool.    Mr.  Fox  was  a  whig  of  tho  old 

th'idl.    He  acknowledf^jd  tho  rijiht  of  the  peo- 

(>' to in'stnict  their  representatives.    IIo  yielded 

^tliepeneral  voice  himself,  though  not  specially 

I'nicted ;  and  he  uses  tho  remarkable  expres- 

|nn  which  nckuowledpes  the  duty  of  Parliament 

\  obey  the  will  of  tho  people.     "  They  had  dc- 

liri'il  their  fsentiments  to  Parliament,  and  had 

liirlit  Parliament  to  listen  to  the  voice  of  their 

r«titucnts."   This,  said  Mr.  B.,  was  fifty  years 

i;  it  was  spoken  by  a  member  of  Parliament, 

lin.  besides  being  the  first  debater  of  his  age, 

if  at  that  time  Secretary  at  War.    lie  ac- 

lowlcdi^d  the  duty  of  Parliament  to  obey  the 

lice  of  tho  people.    The  son  of  a  peer  of  the 

kim,  and  only  not  a  peer  himself  becanse  he 

not  the  eldest  son,  he  still  acknowledged 

s  preat  democratic  principle  which  lies  at  the 

|ttom  of  all  representative  govemment.    After 

,  after  such  an  example,  will  American  Se- 

ors  be  unwilling  to  obey  tho  people  1    Will 

ly  require  people  to  teach  Congress  the  lesson 

lich  Mr.  Fox  says  the  English  people  had 

pght  their  Parliament  fifty  years  ago  1    The 

of  the  people  of  the  United  States  had 

heard  on  this  subject.     The    elections 

Bared  it.    The  vote  of  many  legislatures  de- 

■arcd  it.    From  tho  confines  of  the  Republic 


ciipitcil  with  its  tiin-intniii  wum's.  Cm  thiit 
voict'  Ik'  di^rigunii'd  /  Will  mrinU-r*  <>(  a  ir- 
publioun  C'ongri'h*  be  U-on  r)btdiint  to  thi'  vi)i«v 
of  the  piopU'  tliuii  wiTf  till-  rrpK'si'ntntivfS  of 
a  in'inarchirni  House  of  Conininns  ! 

Mr.  H.  then  pnH'eeiU'd  to  the  arnuuienl  of  hi* 
motion.  He  moved  to  expnnpe  tin-  rt'Nobitiou 
of  March  liH,  18;'.  I,  from  the  jminmls  nf  the 
Senate,  becauni!  it  was  ilbgal  and  uiijUKt ;  vii^rue 
atul  indctinitc  ;  a  criniiiial  chitr';!!  without  spc- 
cillratioM  ;  unwarranted  by  tlu-  con.ttitutioiiuud 
laws;  Kubverfiive  of  the  rights  of  (Icfcnci'  wlii<li 
Ixdong  to  an  accused  and  in)pe.i(duib!e  olllccr; 
of  evil  example  ;  and  adopted  at  a  tinu'  and  under 
circumstances  to  involve  the  political  rifilits 
and  the  pecuniary  intcivsts  of  the  people  of  tbc 
United  States  in  peculiar  danger  and  serious  in- 
jury. 

These  reasons  for  expunging  tho  oriniinating 
resolution  fi-oin  the  journals,  Mr.  H.  said,  were 
not  phrases  collected  and  paraded  for  effect,  or 
strimg  together  for  harmony  of  sound.  'I'liey 
were  each,  separately  and  individually,  substan- 
tive reasons ;  every  word  an  allegation  of  fact, 
or  of  law.  Without  going  fully  into  the  argu- 
ment now,  he  would  make  an  exposition  which 
would  lay  open  his  meaning,  and  enable  each 
allegation,  whether  of  law  or  of  fact,  to  be  fully 
understood,  and  replied  to  in  the  sense  inten<led. 

1.  Illegal  ami  7tnjusl. — These  were  tho  first 
heads  under  which  Mr.  B.  would  develop©  his 
objections,  he  would  say  the  outline  of  his  ob- 
jections, to  the  resolution  proposed  to  bo  ex- 
punged. Ho  held  it  to  bo  illegal,  l)ecauso  it 
contained  a  criminal  charge,  on  which  the  Pres- 
ident might  be  impeached,  and  for  which  ho 
might  bo  tried  by  tho  Senate.  Tho  resolution 
adopted  by  the  Senate  is  precisely  the  first  stej) 
taken  in  the  House  of  Representatives  to  biinr? 
on  an  impeachment.  It  was  a  resolution  ofl'ercd 
by  a  member  in  his  place,  containing  a  criminal 
charge  against  an  impeachable  officer,  debated 
for  a  liundred  days ;  and  then  voted  upon  by  the 
Senate,  and  the  officer  voted  to  bo  guilty.  This 
is  the  precise  mode  of  bringing  on  an  impeach- 
ment in  the  House  of  Representatives ;  and,  to 
prove  it,  Mr.  B.  would  read  from  a  work  of  ap- 
proved authority  on  parliamentary  practice ;  it 
was  from  Mr.  Jefferson's  Manual.  Mr.  B.  then 
read  from  the  Manual,  under  the  section  entitled 


532 


TIIIIITV  YKAIto*  VIEW. 


Iiiipenclimcnt,  and  from  that  head  of  the  section 
fnlitle<l  accusation.  The  writer  was  giving  the 
British  I'arliainentary  practice,  to  which  our 
own  constitution  \a  confonnnhle.  "The  Com- 
mons, a8  the  grand  inrjuest  of  the  nation,  Ix-'came 
suitors  for  penal  justice.  Tlic  general  course  is 
to  pass  a  resolution  containing  a  criminal  cliarge 
a}<ainst  the  supposed  delinquent ;  and  then  to 
direct  some  member  to  impeach  him  by  oral 
accusation  at  the  bar  of  the  House  of  Lords,  in 
the  name  of  the  Commons." 

Repeating  a  clause  of  what  he  had  read,  Mr. 
B.  said  tlie  general  course  is  to  pass  a  criminal 
charge  against  the  supposed  delinquent.  This  lO 
exactly  what  the  Senate  did ;  and  what  did  it 
do  next  ?  Nothing.  And  why  nothiiijc  ?  Be- 
cause 'here  was 'nothing  to  be  done  by  them  but 
to  execute  the  sentt  ice  they  had  passed ;  and 
that  they  could  not  do.  Penal  justice  was  the 
consequence  of  the  resolution  ;  and  a  judgment 
of  penalties  could  not  bo  attempted  on  such  an 
irregular  proceeding.  The  only  kind  of  penal 
justice  which  the  Senate  could  inflict  was  that 
of  public  opinion ;  it  was  to  ostracize  the  Presi- 
dent, and  io  expose  him  to  public  odium,  as 
n  violator  of  the  laws  and  constitution  of  his 
country.  Having  shown  the  resolution  to  be 
illegal,  Mr.  B.  would  pronounce  it  to  be  unjust; 
f  )r  he  affirmed  the  resolution  to  be  untrue ;  he 
maintained  that  the  President  had  violated  no 
law,  no  part  of  the  constitution,  in  dismissing 
!Mr.  Duane  from  the  Treasury,  appointing  Mr. 
Taney,  or  causing  the  deposits  to  be  removed ; 
for  these  were  the  specifications  contained  in  the 
original  resolution,  also  in  the  second  modifica- 
tion of  the  resolution,  and  intended  in  the  third 
modification,  when  stripped  of  specifications,  and 
reduced  to  a  vague  and  general  charge.  It  was 
in  this  shape  of  a  general  charge  that  the  reso- 
lution passed.  No  new  specifications  w-ere  even 
suggested  in  debate.  The  alterations  were  made 
voltmtarily,  by  the  friends  of  the  resolution,  at 
the  last  moment  of  the  debate,  and  just  when 
the  vote  was  to  be  taken.  And  why  were  the 
specifications  than  dropped  ?  ]5ocause  no  ma- 
jority could  be  found  to  agree  in  them  ?  or  be- 
cause it  was  thought  prudent  to  drop  the  name 
of  the  Bank  of  the  United  States  ?  cr  for  both 
these  reasons  together  ?  Be  that  as  it  may,  said 
Mr.  B.,  the  condemnation  of  the  President,  and 
the  support  of  the  bank,  were  connected  in  the 
resolution,  and  will  be  indisso^ubly  connected 


in  the  public  mind  ;  and  the  I'resiiUnt  vea  ^^ 
justly  condemned  in  the  same  resolution  uti 
befriended  and  sustained  the  cause  of  the  laa 
He  held  the  condemnation  to  lie  unti  uo  in  Uj^m 
of  fact,  and  therefore  unjust ;  for  he  inaintaivl 
that  there  was  no  breach  of  the  laws  am]  ai  | 
stitution  in  any  thing  that  President  JacUj 
did,  in  removing  Mr.  Duane,  or  in  ai)i)ointin''.\i,  f 
Taney,  or  in  causing  the  deposits  to  lie  miio\e 
There  was  no  violation  of  law,  or  constitutr 
in  any  part  of  these  proceedings  ;  on  the  cA 
trary,  the  whole  country,  and  the  povcrnnitsi  I 
itself,  was  redeemed  from  the    dominion  of  J 
great  and  daring  moneyed  corporation,  by  il<  I 
wio'.' Jm  and  energy  of  these  very  pruceodin^.. 

i.   y'ugue  avd  indefinite ;  a  criminal  ciiar»| 
without  specification.    Such  was  tiie  reholuiinl 
Mr.  B.  said,  when  it  passed  the  Senate;  LEtj 
such  it  was  not  when  first  introduced,  nurtrtsl 
when  first  altered ;  in  its  first  and  secondfonnjl 
it  contained  specifications,  and  these  spcoilio.! 
tions  identified  the  condemnation  of  the  IftiJ 
dent  with  the  defence  of  the  bank ;  in  its  WiA 
form,  these  specifications  were  omitted,  ani  \\ 
others  were  substituted ;  the  bank  andtkif.1 
solution  stood  disconnected  on  the  record,  ktil 
as  much  connected,  in  fact,  as  ever.    The  m, 
lution  was  reduced  to  a  vague  and  indeliiiij 
form,  on  purpose,  and  in  that  circumstance,! 
quired  a  new  character  of  injustice  to  rivsideJ 
Jackson.    His  accusers  should  have  specif 
the  law,  and  the  clause   in  the  coustitu;ia 
which  was  violated ;  they  should  have  speed 
the  acts  which  constituted  the  violation.  Ila 
was  due  to  the  accused,  that  he  might  Jinowa 
what  points  to  defend  himself;  it  was  dues 
the  public,  that  they  might  know  oc  whatpoiiJ 
to  hold  the  accusers  to  their  responsii^iJitv,! 
to  make  them  accountable  for  an  unjust  acciii 
tion.     To  sustain  this  position,  Mr.  £.  Iiad  n 
course  to  history  and  example,  and  prodiijJ 
the  case  of  Mr.  Giles's  accusation  of  (jettnl 
Hamilton,  then  Secretary  of  the  Treaaurr.i 
the  year  1703.    Mr.  Giles,  he  said,  pro 
in  a  manly,  responsible  manner.    lie  6i«ita 
the  law  and  the  alleged  violations  of  theli 
80  that  the  friends  of  General  Hamilton  i 
see  what  to  defend,  and  so  as  to  make  him 
accountable  for  the  accusation.    He  spccifieaiij 
law,  which  he  believed  to  be  violated,  by  iisi 
and  its  title ;  and  ho  specified  the  two  m 
in  which  he  held  that  law  to  have  been  in 


ANXO  18r.5.     ANKRF.W  JACKSON,  I'RF>IDKNT. 


533 


nd  the  I'rusitUiit  wu  u> 
the  Bainc  rcsohiliijn  uu; 
led  the  cause  of  the  Uu 
ution to l)e  untiuo  in  \„u 
unjust;  for  he  mainuir^,  | 
;ach  of  the  lawH  and  aj. 
(T  that  President  JacU-J 
Duanc,  or  in  appoinlinpMr 
;hc  deposits  to  In;  a'nio\i< 
on  of  lavv,  or  constimini 
I  proceedings  ;  on  the  c  »• 
iintry,  and  the  (rovemrMci 
1  from  the  dominion  ofi 
loneycd  corporation,  by  il« 
of  these  very  procetdin;., 
definite;  a  criminal  charsl 
n.  Such  was  tlie  rL'soluiul 
it  passed  the  Senate;  la 
en  first  introduced,  norwtsl 
in  its  first  and  second  tjrml 
ications,  and  these  spcoitiol 
>  condemnation  of  the  rri-i.! 
nee  of  the  bank ;  in  its  lliiril 
nations  were  omitted,  aii'i  mI 
itutcd;  the  bank  andtkit-l 
:onnected  on  the  record  kl 
d,  in  fact,  as  ever.  Tlic  i*&l 
id  to  a  vague  and  indeiiD;j| 
and  in  that  circumstance, 
acter  of  injustice  to  Vmm 
;cuser8  should  have  sped 

clause  in  the  coustitmii^ 
;d ;  they  should  have  specit 
instituted  the  violation.  Ik 
•cused,  that  he  might  knows 
iefend  himself;  it  was  due  i 
,ey  might  know  02  \>hatH 
crs  to  their  responsiu;!uy,s 
countable  for  an  unjust  ac 

this  positioa,  Mr.  B.hadi 
•y  and  example,  and  prodiw 
Giles's  accusation  of  Oe«a 
Secretary  of  the  Treasury,! 
Mr.  Giles,  he  said,  jm 
,onsible  manner.  He  fil«ita 
.  alleged  violations  of  tliel 
;ds  of  General  Hamilton  b-J| 
•nd,  and  bo  as  to  make  hin 
.he  accusation.  He  BFcif'^'",'^ 
■lieved  to  be  violated,  by  its 

id  he  .specified  the  two  insK 
that  law  to  have  been  ir'- 


Mr.  K  ^aid  he  had  a  double  object  in  quotinp 
•V,'  rcwdntion  of  Mr.  «Jiie8,  whifh  «*■<  intemUd 
; .  lav  the  foundation  for  an  impeachment  againct 
(iincrol  Hamilton;  it  was  to  show,  first,  the 
fnfiality  with  whicli  these  criminating  resolu- 
tion? shonlJ  be  drawn ;  next,  to  show  the  ab- 
.,ncc  of  any  allegations  of  corrupt  or  wicked 
intention.  Tlie  mere  violation  of  law  wa.s 
cli.u>'cd  as  the  oflencc,  as  it  vras  in  three  of  the 
artiok'S  of  impeachment  against  Judge  Cha.'^c ; 
and  thus,  the  absence  of  an  allegation  of  cor- 
riipt  intention  in  the  resolution  adopted  against 
rie?ident  Jackson,  was  no  argument  again.^t  its 
ij  1  peachment  character,  especially  as  exhibited 
lin  its  first  and  second  form,  with  the  criminal 

iviiiucnt,  "dangerous  to  the  liberties  of  the 

■npic." 

Fur  the  purpose  of  exposing  the  studied 
.v.'ueness  of  the  resolution  as  passed,  detcct- 
ij  its  connection  with  the  Bank  of  the  United 
states,  demonstrating  its  criminal  character  in 
twice  retaining  the  criminal  averment,  "dangcr- 
(113  to  the  liberties  of  the  people,"  and  showing 
the  progressive  changes  it  had  to  undergo  be- 
nt, it  could  conciliate  a  majority  of  the  votes, 
[r.  B.  would  exhibit  all  three  of  the  re- 
I'.iitions,  and  read  them  side  l)y  side  of  each 
:her,  as  they  appeared  before  the  Senate,  in 
le  first,  second,  and  third  forms  which  they 
[tre  made  to  wear.  They  appeared  first  in  the 
ibryo,  or  primordial  form ;  then  they  assumed 
icir  atirelia,  or  chrysalis  state ;  in  the  third 
ige,  they  reached  the  ultimate  perfection  of 
icir  imperfect  nature. 

FiKST  Form.— December  20,  1833. 

^^■Resolced,  That  by  dismissing  the  late  Secre- 

iry  of  the  Treasury,  because  he  would  not, 

lutrary  to  his  sense  of  his  own  duty,  remove 

!  money  of  the  United  States,  in  deposit  with 

!  Bank  of  the  United  States  and  its  branches, 

Iconformity  with  the  President's  opinion,  and 

[  appointing  his  successor  to  make  such  rc- 

bval,  which  has  been  done,  the  President  has 

lumcd  the  exercise  of  a  power  over  the  trea- 

py  of  the  United  States  not  granted  to  him 

[the  constitution  and  laws,  and  dangerous  to 

1  liberties  of  the  people." 

Second  Form.— March  28, 1834. 

^Itesolml,  That,  in  taking  upon  himself  the 
onsibilily  of  removing  the  deposit  of  the 


public  money  from  the  Hank  of  the  Uniti'd 
.'States,  the  l're>iiknt  <>f  the  (■nito<l  .States  h;is 
assumed  the  exercise  of  a  power  over  the  trea- 
sury of  the  United  States  not  granted  to  him 
by  the  constitution  .and  laws,  and  dangerous  to 
the  liberties  of  the  people." 

Third  Form.— .l/./r./i  28,  1834. 
^^Jtemlveil,  That  the  IVesident,  in  the  late 
executive  proceedings,  in  relation  to  the  public 
revenue,  has  assumed  upon  hiujself  authority 
and  power  not  conferred  by  the  constitution 
and  laws,  but  in  derogation  o*"  both." 

Having  exhibited  the  0rigin.1l  resolution,  with 
its  variation.^,  Mr.  B.  would  leave  it  to  others 
to  explain  the  reasons  of  such  extraordinary 
mctiimorphoses.  Whether  to  get  rid  of  the 
bank  association,  or  to  pet  rid  of  the  impeach- 
ment clause,  or  to  conciliate  the  votes  of  all  who 
were  willing  to  condemn  the  President,  but 
could  not  tell  for  what,  it  was  not  for  him  to 
say ;  but  one  thing  he  would  venture  to  say, 
that  the  majority  who  agreed  in  passing  a  gene- 
ral resolution,  containing  a  criminal  ch.arge 
against  Prosident  Jackson,  for  violating  the  laws 
and  the  constitution,  cannot  now  agree  in 
naming  the  law  or  the  clause  in  the  constitu- 
tion violated,  or  in  specifying  any  act  constitu- 
ting such  violation.  And  here  Mr.  B.  pause<l, 
and  offered  to  give  way  to  the  gentlemen  cf 
the  opposition,  if  they  would  now  undertake  to 
specify  any  act  which  President  Jackson  had 
done  in  violation  of  law  or  constitution. 

3.  Unwarranted  hij  the  constitution  and 
Imcs. — Mr.  B.  said  this  head  explained  itself. 
It  needed  no  development  to  be  understood  by 
the  Senate  or  the  countrj'.  The  President  was 
condemned  without  the  form  of  a  trial ;  and. 
therefore,  his  condemnation  was  unwarranted 
by  the  constitution  and  laws. 

4.  SuhrersiL-e  of  the  rights  ofdffence.  which 
belong  to  an  accused  and  impeachable  officer, — 
This  head,  also  (Mr.  B.  said),  explained  itself. 
An  accused  person  had  a  right  to  be  heard  be- 
fore he  wa«  condemned  ;  an  impeachable  officer 
could  not  be  comlemned  unheard  by  the  Senate, 
without  subverting  all  the  rights  of  defence 
which  belong  to  him,  and  disqualifying  the  Sen- 
ate to  act  as  impartial  judges  in  the  event  of  his 
being  regularly  impeached  for  the  same  offence. 
In  this  case,  the  House  of  Representatives,  if 
they  confided  in  ths  Senate's  condemnation, 


534 


TIIIIITY  YEARS'  VIE'.V. 


woiiM  ."oml  up  nil  iiiijH>aclinicnt ;  tliat  tliey  had 
ni)t  (lone  i-o,  was  proof  tliat  tiny  liail  no  conli- 
dcnce  in  tlu?  corrcctncRS  of  our  decision. 

Tt.  Of  evil  e.ramjtle. — N'olhinp,  said  Mr.  B., 
coidd  Ijc  more  unjust  and  ilk'iral  in  itself,  and 
therefore  more  evil  in  exuniple,  than  to  try  peo- 
ple without  a  liearinjr,  and  condemn  them  with- 
out defence.  In  this  case,  such  a  trial  and  such 
a  condemnation  was  a^'irravated  l)y  the  refusal 
of  the  Senate,  after  their  sentence  was  pro- 
nounced, to  receive  the  defence  of  the  President, 
and  let  it  bo  printed  for  the  inspection  of  pos- 
terity !  So  that,  if  this  criminating  resolution 
is  not  expunged,  the  singular  spectacle  will  po 
down  to  posterity,  of  a  condemnation,  and  a 
refusal  to  permit  an  answer  from  the  condemned 
person  standing  recorded  on  the  jiages  of  the 
s.imc  journal!  Jlr.  IJ.  said  the  Senate  must 
look  forward  to  the  time — fiir  ahcail,  perhaps, 
but  a  time  which  may  come — when  this  body 
may  be  filled  with  disappointed  competitors. 
or  personal  enemies  of  the  President,  or  of 
aspirants  to  the  very  office  which  he  holds, 
and  who  m.iy  not  scruple  to  undertake  to  crip- 
ple him  by  .senatorial  condemnations ;  to  at- 
taint him  by  convictions ;  to  ostracise  him  by 
vote  ;  and  lest  this  should  happen,  and  the  pre- 
sent condeumation  of  President  Jackson  should 
Ijccome  the  precedent  for  such  an  odious  pro- 
ceeding, the  evil  example  should  be  arrested, 
should  be  removed,  by  expunging  the  present 
.'■■entence  from  the  journals  of  the  Senate.  And 
licre  Mr.  B.  would  avail  himself  of  a  voice 
which  had  often  been  heard  in  the  two  Houses 
of  Congress,  and  alwaj's  with  respect  and  ven- 
eration. It  was  tho  voice  of  a  wise  man,  an 
honest  man,  a  good  man,  a  patriot ;  one  who 
knew  no  cause  but  the  cause  of  his  country ; 
and  who,  a  quarter  of  a  century  ago,  foi'csaw 
and  described  the  scenes  of  this  day,  and  fore- 
told the  consequences  which  must  have  happen- 
ed to  any  other  President,  under  the  circum- 
stances in  which  President  Jackson  has  been 
placed.  He  spoke  of  Nathaniel  JIacon  of  North 
Carolina,  and  of  the  sentiments  which  he  ex- 
pressed, in  the  year  1810,  when  railed  upon  to 
give  a  vote  in  approbation  of  Mr.  Madison's 
conduct  in  dismissing  Mr.  Jackson,  the  then 
British  minister  to  the  United  States.  lie  op- 
posed the  resolution  of  approbation,  because 
the  House  had  nothing  to  do  with  the  Presi- 
dent, in  their  legislative  character,  except  the ; 


passing  of  laws,  calling  for  information,  or  ir 
peaching;  and,  looking  inio  the  evil  rr,;-,.... 
qucnces  of  undertaking  to  judge  of  tlie  I'r,,, 
dent's  coniluct,  he  foretold  the  exact  inTdn-, 
ment  in  which  the  Senate  is  now  involviil  \\y\ 
rcspict  to  President  Jackson.  Mr.  1!.  tl,,, 
read  extracts  from  the  speech  of  Mr.  Macoii  .r 
the  occasion  referred  to : 

"  I  am  opposed  to  the  resolution,  not  fur  t'u 
reasons  which  have  been  offered  against  it,  roi 
for  any  which  can  be  drawn  from  the  (iociiiniii's 
before  us,  but  bec.iuse  I  am  opposed  to  addrtji. 
ing  the  President  of  the  United  States  upon  anr 
subject  whatever.     "We  have  nothing  to  dowi;i 
him,  in  our  legislative  character,  e.Ncept  ti,e 
passing  of  laws,  ciilling  on  him  for  inroi'ni,iti„ii, 
or  to  impeach.     On  the  day  of  tho  iire.sidentJal 
election,  we,  in  common  with  our  fLJlow-ciii. 
zen.s,  are  to  pass  on  Ins  conduct,  and  rcsoluiioi,i  I 
of  this  sort  will  have  no  weight  on  that  dav,  I;  I 
is  on  this  ground  solely  that  I  am  opposed  ij  I 
adopting  any  resolution  whatever  in  rc'ationtol 
the  Executive  conduct.    If  the  national  icpil!.  ( 
turc  can  pass  resolutions  to  approve  the  oj-] 
duct  of  the  Pi-esident,  may  they  not  also  pasi 
resolutions  to  censure  ?    And  what  wouU  hi 
the  situation  of  thu  country,  if  wo  were  nil 
discussing  a  motion  to  request  the  President  to  I 
recall  Jlr.  Jackson,  arid  again  to  endeavor  to| 
negotiate  with  him  ?  " 

0.  At  a  time,  and  under  ciicumstances,t(iii,\ 
voice  the  political  righ/if  and  pecunidrj/  inii-l 
rests  of  the  people  oft  lie  Un  iled  Slates  in  semil 
injnnj  and  peculiar  danger. — This  head  of  jiil 
argument,  ^Ir.  B.  said,  would  require  a  devclop-l 
ment  and  detail  which  he  had  not  (l«;::fll 
necessary  at  this  time,  considering  wliat  M\ 
been  said  by  him  at  the  last  session,  and  waj 
would  now  be  said  by  others,  to  give  m 
reasons  which  he  had  so  briefly  touched,  B.il 
at  this  point  he  approached  new  ground;  L<l 
entered  a  new  field ;  he  saw  an  exteciiil 
horizon  of  argument  and  fact  expand  Wjb 
him,  and  it  became  necessary  for  him  to  w 
with  his  subject.  The  condemnation  lillJ 
President  is  indissolubly  connected  with  \^ 
cause  of  the  bank  !  The  first  form  of  the 
solution  exhibited  the  connection ;  tiie  kai 
form  did  also  ;  every  speech  did  the  fameiftj 
every  speech  in  condemnation  of  the  I'leiid 
was  in  justification  of  the  bank  ;  evciys 
in  justification  of  the  President  was  in  ( 


ANXO  1835.     ANniti:W  JACKSON',  riU>Il)F.NT. 


535 


<r  for  infonnation,  <)t  ir 
ng  iiuo  tlie  f\il  cu;,... 
nf»  to  jiitlge  of  the  I'n-, 
rt'toW  the  fxsirt  ynAn 
nate  is  now  involviKljWir 
,  Jackson.  Mr.  ]!.  thm 
c  speech  of  Mr.  M!iC(,n,  s 
to: 

the  rcFohition,  not  fur  t'w 
)een  offered  a^'ainst  it,  roi 
drawn  from  the  docmiKnu 
ic  I  am  opposed  to  aiWrt?T 
the  United  States  iipon  any 
A'e  have  nothing  to  (JinvKti 
tivc  character,  e.scept  t!.e 
inp  on  him  for  infornrnVm. 
the  day  of  the  presidential 
nnion  with  our  fL-llow-ciii. 
his  conduct,  and  resoliuidiS 
■e  no  weight  on  that  iltiy,  1; 
solely  that  I  am  opposed  u 
ation  whatever  in  re'ationto 
luct.    If  the  national  logi!!!- 
jlntlons  to  approve  the  oj- 
lent,  may  they  not  also  [i» 
sure?     And  what  woiiH  U' 
lie  country,  if  we  were  r,  w 
n  to  request  the  Presideatw 
I  and  again  to  endeavor  tol 

(i  'under  circumsianas^kin 
ritrhli!  and  i)ecum<mjkw\ 
ofihe  United  States  inmim\ 
ar  danger.— 'nm  head  of  Is 
said,  would  require  a  (levelit] 
which    he   had  not  ihd 
time,  considering  wliat  W] 
at  the  last  session,  and  wb 
aid  by  others,  to  give  ti<| 
had  so  briefly  touched.  I 
approached  new  prouml; 
field;    he   saw   an  exutit!] 
:nent  and  fact  expand  k5) 
10  necessary  for  him  to  k 

The  condemnation  if  t: 
lissoUibly  connected  with 
»k  !  The  first  form  of  tie 
id  the  coimection ;  the  m 
—very  speech  did  the  same; 
condemnation  of  the  l'r«i 
ion  of  the  bank ;  everv  s] 
of  the  Presideut  waf  in 


^snation  of  the  bank  ;  and  thu.s  the  two  ol)- 
,yW  were  id'.nticU  and  recij)r<)cal.     The  nt- 
jck  of  one  wa.s  a  defence  of  the  other ;   tlie 
Lifina'  of  one  was  the  attack  of  the  other. 
J  \ii'i  t!w8  if  continued  for  the  loni?  protracted 
(urioJ  of  nearly  one  hundred  «lays — from  De- 
|c,,m't'i'  -J'ith.  1833,  to  .March  28th,  1S34— when, 
If  ,r  rtasons  not  explained  to  tlie  Senate,  upon  a 
private  consultation  among  the  friends  of  the 
ixfoliition,  the  mover  of  it  came  forward  to  the 
ftfrttan's  table,and  voluntarily  made  the  alter- 
tti  iHj  which  cut  the  connection  between  the 
laiik  and  the  resolution  !  but  it  stood  upon  the 
K;ord,  by  iUriking  out  every  thing  relative  to 
Ibe  dismissal  of  Mr.  Duane,  the  appointment  of 
klr.  Taney,  and  the  removal  of  the  deposits. 
Rut  tlie  alteration  was  made  in  the  record  onlj'. 
(he  connection  still  subsisted  in  fact,  now  lives 
1  memory,  and  shall  live  in  history.    Yes,  sir, 
liil  Mr.  B.,  addressing  himself  to  the  President 
f  the  Senate ;  yes,  sir,  the  condemnation  of  the 
■esident  was  indissolubly  connected  with  the 
use  of  the  bank,  with  the  removal  of  the  de- 
kits,  the  renewal  of  the  charter,  the  restora- 
pn  of  the  deposits,  the  vindication  of  Mr. 
ii.'ine,  tlie  rejection  of  ^Ir.  Taney,  the  fate  of 
iction?,  the  overthrow  of  Jackson's  adminis- 
^tion,  tlie  fall  of  prices,  the  distress  meetings, 
distress  memorials,  the  distress  committees, 
distress  speeches  ;  and  all  the  long  list  of 
Ipless  measures  which  astonished,  terrified, 
Pictcd,  and  deeply  injured  the  country  during 
6lon{;an ':    "  nized  protraction  of  the  famous 
;iic  session.    All  these  things  are  connected. 
Id  Mr.  B. ;  and  it  became  his  duty  to  place  a 
I  of  the  proof  which  established  the  connec- 
1 1'cibrc  the  Senate  and  the  people. 

B.  then  took  up  the  appendix  to  the  re- 

t  made  by  the  Senate's  Committee  of  Finance 

[the  bank,  ccraraonly  called  Isfr.  Tyler's  re- 

rt,  and  read  extracts  from  instructions  sent  to 

i-and-twcnty  branches  of  the  bank,  contem- 

jineouBly  with  the  progress  of  the  debate  on 

I  criminating  resolutions ;  the  object  and  ef- 

1  of  which,  and  their  connection  with  the 

^te  in  the  Senate,  -woukl  be  quickly  seen. 

nising  that  the  bank  had  dispatched  orders 

f\<i  same  branches,  in  the  month  of  August, 

I  had  curtailed  S4,0GC,000,  and  again,  in  the 

Jth  of  October,  to  curtail  ^5,825.100,  and  to 

ase  the  rates  of  their  exchange,  and  had 

tssly  stated  in  a  circular,  on  the  17th  of 


that  month,  that  this  reduction  would  piaee  th« 
branches  in  a  po.-itioii  of  entire  sniuity,  .Mr.  15. 
invoked  attention  to  the  shower  (f  orders,  and 
their  dates,  which  he  was  about  to  read.  He 
read  i).a.-sagi'fl  from  page  77  to  ^2.  inclusive. 
They  were  all  extracts  of  letters  from  the  pn- 
siilent  of  the  b.ank  in  person,  to  the  pnsidfuts 
of  the  branches  ;  for  ,^Ir.  15.  said  it  luMst  Ik-  re- 
membered, an  one  of  the  peculiar  features  of  the 
bank  attack  upon  the  country  last  winter,  thiit 
.  the  whole  business  of  conducting  this  curtnil- 
meiit,  and  raising  exchanges,  and  doing  whatever 
it  p'.e'sed  v\->  ,h  the  commerce,  currency,  and 
Lu?  ■  .ss  oi"  the  country,  was  withdrawn  frcin 
the  board  jf  oireotors,  and  confided  to  one  of 
tliose  cjn\cnient  committees  of  which  the  pres- 
ident is  ex  officio  member  an'l  creator;  and 
which,  in  this  ca.se,  was  expressly  absolved  from 
reporting  to  the  board  of  directors !  The  letters, 
then,  are  all  from  Nicholas  Biddic,  president, 
and  not  from  Samuel  Jaudon,  cashier,  and  are 
addressed  direct  to  the  presidents  of  the  bianeh 
banks. 

When  Mr.  B.  had  finished  reading  tliese  ex- 
tracts, he  turned  to  the  report  made  by  the  sen- 
ator from  Virginia,  who  sat  on  his  right  [Mr. 
Tyler],  where  all  that  was  said  .about  these  new 
measures  of  hostility,  and  the  propriety  of  the 
bank's  conduct  in  this  third  curtailment,  and  in 
its  increase  upon  rates  of  exchange,  was  com- 
pressed into  twenty  lines,  and  the  wisdom  or  ne- 
cessity of  them  were  left  to  be  pronounced  upon 
by  the  judgment  of  the  Senate.  Mr.  B.  would 
read  those  twenty  lines  of  that  report : 

'•  The  whole  amoimt  of  reduction  ordered  by 
the  above  proceedings  (curtailment  ordered  on 
8i'.  and  17th  of  October)  was  ^5,825,900.  The 
same  table.  No.  4,  exhibits  the  tact,  that  on  the 
23d  of  January  a  further  reduction  was  ordered 
to  the  amount  of  ^3,320,000.  This  was  com- 
municated to  the  offices  m  letters  from  the  pre- 
sident, stating  '  that  the  present  situation  of  the 
bank,  and  the  new  measures  of  hostility  which 
are  understood  to  be  in  contemplation,  make  it 
exjwdient  to  place  the  institution  beyond  the 
reach  of  all  danger ;  for  this  purpose,  I  am  di- 
rected to  instruct  your  ofiice  to  conduct  its  busi- 
ness on  the  following  footing '  (appendix.  No. 
9,  copiep  of  letters).  The  offices  of  Cincinnati, 
Louisville,  Lexington,  St.  Louis,  Nashville,  and 
Natchez,  were  further  directed  to  confine  them- 
selves to  ninety  days'  bills  on  Baltimore,  and  the 


536 


THIR'n'  YEARS'  VIEW. 


citic""  north  of  it,  of  whifh  they  were  allowed 
to  jmrcli.'L'ii'  any  airKHint  llioir  means  would  jus- 
tify :  and  to  bills  on  New  OrliMins,  wliirh  tlu-y 
were  to  take  only  in  imymentofiire-existin^rdebtH 
to  tlie  bank  and  its  ofTice*! ;  while  the  olllce  at 
New  Orleans  was  directed  to  abstain  from  drawing 
on  the  Western  offices,  and  to  make  its  pur- 
chases mainly  on  the  North  Atlantic  cities.  The 
committee  has  thus  given  a  full,  and  somewhat 
elaborate  detail  of  the  various  measures  resorted 
to  by  the  bank,  from  the  13th  of  August,  1833  \, 
of  their  wisdom  and  nea'ssity  tiic  Senate  will 
best  be  able  to  pronounce  a  correct  judgment." 

This,  Mr.  B.  said,  was  the  meagre  and  stinted 
manner  in  which  the  report  treated  a  transac- 
tion which  ho  would  show  to  be  the  most  cold- 
blooded, calculating,  and  diabolical,  which  the 
annals  of  any  country  on  this  side  of  Asia  could 
exhibit. 

[Mr.  Tyler  here  said  there  were  two  pages  on 
this  s»ibject  tc  bo  found  at  another  part  of  the 
report,  and  opened  the  report  at  the  place  for 
Mr.  B.] 

Mr.  B.  said  the  two  pages  contained  but  few 
allusions  to  this  subject,  and  nothing  to  add  to 
or  vary  what  was  contained  in  the  twenty  lines 
he  had  read.  lie  looked  upon  it  as  a  great 
omission  in  the  report ;  the  more  so  as  the  com- 
mittee had  been  expressly  commanded  to  re- 
port upon  the  curtailments  and  the  conduct  of 
the  bank  in  the  business  of  internal  exchange. 
He  had  hoped  to  have  had  searching  inquiries 
and  detailed  statements  of  facts  on  these  vital 
points.  He  looked  to  the  senator  from  Virginia 
[Mr.  Tyler]  for  these  inquiries  and  btatcments. 
He  wished  him  to  show,  by  the  manner  in  which 
he  would  drag  to  light,  and  expose  to  view,  the 
vast  crimes  of  the  bank,  that  the  Old  Dominion 
was  still  the  mother  of  the  Gracchi ;  that  the 
old  lady  was  not  yet  forty-five ;  that  she  could 
breed  sons !  Sons  to  emulate  the  fame  of  the 
Scipios.  But  he  was  disappointed.  The  report 
was  dumb,  silent,  speechless,  upon  the  opera- 
tions of  the  bank  during  its  terrible  campaign 
of  panic  an^i  pressure  upon  tlvi  American  peOple. 
And  nr  w  he  would  pay  one  instalment  of  the 
speech  which  had  been  promised  some  time  ago 
on  the  subject  of  this  report ;  for  there  was  part 
of  that  speech  which  was  strictly  applicable  and 
appropriate  to  the  head  he  was  now  discussing. 

Mr,  B,  then  addressed  himself  to  the  senator 
fiom  Virginia,  who  sat  on  his  right  [Mr.  Tyler], 


and  rcqtiesfcd  him  to  mipply  an  omission  in  h  I 
report,  and  to  inform  what  were  thojo  | 
meainrcs  of  liostilify  alluded  to  in  the  t«-o-»t|4 
twenty  letters  of  instruction  of  tlie  hank  .•; 
rei)eated  ir  the  report,  and  wliieh  wipo  mjJ.I 
the  pretext  for  this  third  curtailment,  aiul  if  I 
new  and  extraordinary  restrictions  anrlimr..! 
sitions  upon  the  purchase  of  bills  ofexchan-« 

[.Mr.  Tyler  answered  that  it  wa?  the  n.l 
pectcd  prohibitlun  upon  the  receivabilitrf.fiLl 
brunch  bank  drafts  in  payment  of  tlic  y.iJl 
revenue.] 

Mr.  B.  resumed :  The  senator  is ripht.   TWi 
drafts  are  mentioned  in  one  of  the  circular  fe.l 
ters,  and  but  one  of  them,  as  the  new  nxisir 
understood  to  be  in  contemplation,  and  KhiAl 
understanding  had  been  made  the  pretext  f  J 
scourging  the  country.    He  (Mr.  B.)  wis  ii^ 
capable  of  a  theatrical  artifice — a  sta"-e  trie'-. 
in  a  grave  debate.    He  had  no  question  bmtsul 
the  senator  could  answer  his  question,  and  1 
knew  that  ho  had  answered  it  truly ;  but  [J 
wanted  his  testimony,  his  evidence,  against  ■}• 
bank  ;  he  wanted  proof  to  tie  the  bankdoi\ni( 
this  answer,  to  this  pretext,  to  this  thin  (11;;^^ 
for  her  conduct  in  scourging  the  country,  Tn 
answer  is  now  given ;  the  proof  is  adduced 
the  apprehended  prohibition  of  the  r  ciivaljilji 
of  the  branch  drafts  stands  both  as  the  prcted 
and  the  sole  pretext  for  the  pressure  commeneil 
in  January,  the  doubling  the  rates  of  cxchaaa 
breaking  up  exchanges  between  the  five  Wester 
branch  banks,  and  concentrating  the  collem 
of  bills  of  exchange  upon  four  great  commert 
cities. 

Mr.  B.  then  took  six  position,'',  which  he  ttiJ 
merated,  and  undertook  to  demonstrate  to  h 
true.    They  were : 

1.  That  it  was  untrue,  in  point  of  facttk 
tliere  were  any  new  measures  in  contemplati* 
or  action,  to  destroy  the  bank. 

2.  That  it  was  untrue,  in  point  of  fact,  thatti 
President  harbored  hostile  and  revengel 
signs  against  the  existence  of  the  bank. 

8.  ihat  it  \7as  untrue,  in  point  of  fact,  I 
there  was  any  necessity  for  this  third  curt 
ment,  which  was  ordered  the  last  of  Januur,  I 

4.  That  there  was  no  excuse,  justificatioia 
apology  for  the  conduct  of  the  bank  in  rtlst 
to  domestic  exchange,  in  doubling  its  rates,  fn 
ing  it  up  between  the  five  Western  braaci 
turning  the  collection  of  bills  upor.  the  priDt^ 


AXXO  183S.     ANDREW  JACKSON.  I'UFMDF.XT. 


537 


Rupply  an  omispion  in  h,l 
n  what  were  those  r.i^l 
allmled  to  in  thct«r(HM| 
truction  i>f  the  hank,  tv 
rt,  and  w':iich  were  mi'.! 
dird  ciirtnilnient,  and  \\,(A 
nry  restrictions  and  MyA 
;haf«e  of  bills  of  cxchan.-».  [ 
;red  that  it  wa?  the  n\ 
pon  the  rcceivsihilitr  (f  >i,' 
n  payment  of  the  fdenll 

rhc  senator  is  ripht.   The  J 
I  in  one  of  the  circular  h\ 
them,  as  the  new  nicasir 
I  contemplation,  awl  wh , 
been  made  the  pretext  fJ 
itry.    He  (Mr.  B.)  wm  it. 
cal  artifice — a  stage  tr'd- 
He  had  no  question  butta 
mswer  his  question,  and  ( 
answered  it  truly ;  l«it  J 
)ny,  his  evidence,  against  • 
jroof  to  tic  the  bankdrwnti 
}  pretext,  to  this  thin  di-piij 
scourging  the  country.  TV 
\n;  the  proof  is  adduced; ! 
:ohibition  of  the  r  caivabilitj 
;8  stands  both  as  the  prcM 
:t  for  the  pressure  commonoJ 
ubling  the  rates  of  exchaifi 
iges  between  the  five  VTcJici 
I  concentrating  the  collectia 
e  upon  four  great  commeri 

k  six  positions,  which  he  etnj 
irtook  to  demonstrate  to  \ 

untrue,  in  point  of  fact,tl 
iw  measures  in  contempte 
oy  the  bank, 
.ntrue,  in  point  of  fact,  that 
ed  hostile  and  revengeful 
existence  of  the  bank, 
untrue,  in  point  of  fact.tl 
cessity  for  this  third  cur 
ordered  the  last  of  Janubry. 
vas  no  excuse,  juBtificatioi 
onduct  of  the  bank  in  rtl 
nge,  in  doubling  its  rates.b 
„  the  five  Western  brand 
:tion  of  bills  upor.  the  prinq 


pianorrifti  ciiit'S,  and  fi>rbid  ling  the  branch  at 
Seff  (Jrlcans  to  purcha-st.-  MIU  on  any  part  of  the 


Wal. 
!,  xhat  this  curtailment  and  these  cxchanpc 

[  rtni'*''""^  '"  «'ft""'"*y  wire  political  and  rc- 
j^lytionary,  and  connected  thein.'^eivcs  with  the 
I  r<«luti(in  in  the  Seni.tc  for  the  condemnation 
^S  President  Jackson. 

(i.  That  the  di.strc-s  of  the  country  wa.s  oc- 
lii-ioncd  by  the  Bank  of  the  United  States  and 
ilie  Senate  of  the  United  States,  and  not  by  the 
iMiionl  of  the  dep>jsita. 

Ilavin^r  ftated  his  positions,  Mr.  B.  proceeded 

[to  demoustrate  them. 

1,  As  to  the  new  mea.sures  to  destroy  the 

ink,    ^.''■•  B.  said  there  were  no  such  measures. 

one  indicated,   that  of   stopping  the  re- 

uipt  of  t''c  branch  bank  drafts  in  payments 

io  the  United  States,  existed  nowhere  but  in 

Lie  t«o-aiid-twcnty  letters  of  instruction  of  the 

pKsidcnt  of  the  bank.     There  is  not  even  an 

■L'ation  that  the  measure  existed ;  the  lanp  lage 

•  in  contemplation  " — "  understood  to  oe  in 

jntcnplation,"  and  upon  this  flimsy  pretext 

'an  nidorstanding  of  something  in  contempla- 

|on.  and  which  something  never  took  place,  a 

[t  (if  n  thless  orders  are  sent  out  to  every  quar- 

K  of  t'lic  U  nion  to  make  a  pressure  for  money, 

id  to  embarrass  the  domestic  exchanges  of  the 

[nion.     Tlirco  days  would  have  brought  an 

iswer  from  AVa-shington  to  Philadelphia — from 

ic  Treasury  to  the  bank ;  and  let  it  be  known 

It  there  was  no  intention  to  stop  the  receipt 

[these  drafts  at  that  time.    But  it  would  seem 

It  the  bank  did  not  recognize  the  legitimacy 

Mr,  Taney's  appointment!    vid   therefore 

not  condescend  to  correspond  with  him 

I  Secretary  of  the  Treasury !    But  time  gave 

answer,  even  if  the  bank  would  not  inquire 

the  Treasury.    Day  afte?  day,  v,eek  after 

ek,  month  after  month  passed  off,  and  these 

ioubtable  new  measures  never  made  their  np- 

mce.    "Why  not  then  stop  the  curtailment, 

restore  the  exchanges  to  their  former  foot- 

\1  February,  March,  April  ''*av.  June,  five 

iths,  one  hundred  and  fifty  days,  all  passed 

^y;  the  new  measures  never  ci  me;  and  yet 

[pressure  upon  the  country  was  kept  up;  the 

-ard-twenty  orders  were  continued  in  force. 

it  can  l)e  thought  of  an  institu'  'on  which, 

anned  by  law    with    powei    over  the 

KTed  system  of  the  whole  country,  should 


piocecd  to  exercise  that  yv>wer  to  distress  that 
country  for  money,  ujMm  an  umh-rstaiKlinp  that 
somcthinc:  was  in  cont.'niplation;  and  never  in- 
quire if  its  undiTstandiiii:  was  correct,  nor  cciwo 
its  operations,  when  each  siicres.sivi>  d.iy.  fur 
one  hundred  and  fifty  day.<.  ]. roved  to  it  that 
no  such  thin;:  was  in  contetnpiation  ?  At  hi.-t, 
on  the  27th  of  June,  when  thei)rcssute  is  to  be 
relaxed,  it  is  done  upon  another  {rround;  not 
upon  the  ground  that  the  new  measures  had 
never  taken  effect,  but  because  Conjiress  was 
about  to  rise  without  having  done  any  thiufrfir 
the  bank.  Hero  is  a  clear  confession  that  the 
allegation  of  new  measures  was  a  mere  pretext ; 
and  that  the  motive  was  to  operate  tipon  Con- 
press,  and  force  a  restoration  of  the  de[)0.-its.  and 
a  renewal  of  the  charter. 

Mr.  B.  said  he  knew  all  about  these  drafts. 
The  President  always  condemned  their  legality, 
and  was  for  stopping  'he  receipt  of  them.  Mr. 
Taney,  when  Attorney  General,  condemned  them 
in  18'U.  Mr.  B.  had  applied  to  Mr,  McLane,  in 
1832,  to  stop  Ihem ;  but  he  came  to  no  decision. 
lie  applied  to  Mr.  Duano,  by  letter,  as  soon  as 
h""  came  into  the  Treasury;  but  got  no  answer. 
He  applied  to  Mr.  Taney  as  soon  as  he  arrived 
at  Washington  in  the  fall  of  1833 ;  and  Mr.  Taney 
decided  that  he  would  not  stop  them  until  the 
moneyed  concerns  of  the  country  liad  recovered 
their  tranquillity  and  prosperity,  lest  the  bank 
should  make  it  the  pretext  of  new  attempts  to 
distress  the  country ;  ntid  thus  the  v^ry  thing 
which  Mr.  Taney  refused  to  do,  lest  it  should 
be  made  a  pretext  for  oppression,  was  falsely 
converted  into  a  pretext  to  do  what  he  was  de- 
termined they  should  have  no  pretext  for  doing. 

But  Mr.  B.  took  higher  ground  still;  it  was 
this :  that,  even  if  the  receipt  for  the  drafts  had 
been  stopped  iu  January  or  February,  there 
would  have  been  no  necessity  on  that  account 
for  curtailing  debts  and  embarrassing  exchanges. 
This  ground  ho  sustained  by  showing — 1st. 
That  the  bank  had  at  that  time  two  millions  of 
dollars  in  Europe,  lying  idle,  as  a  fund  to  draw 
bills  of  exchange  upon ;  and  the  mere  sale  of 
bills  on  this  sum  would  bare  met  every  demand 
which  the  rejection  of  the  drafts  could  have 
thrown  upon  it.  2.  That  it  sent  the  money  it 
rai.sed  by  this  curtailment  to  Europe,  to  the 
amount  of  three  anda  half  millions;  and  thereby 
showed  that  it  was  not  collected  to  meet  any 
demand  at  home.    3d,  That  the  bank  had  at 


538 


TlIinXY  YEAIIS'  VIEW. 


tliat  tiiiio(.I:iiniary,  l><:;4)llie  sum  of  .S4,2:50.:)09 
of  jdililic  money  in  liiiiicl,  ami  tliercfore  liad  L'ni- 
tiMl  States  iiioiu'v  fiioiijrh  in  I)Oss^•^<sion  to  biil- 
iHiff  any  injury  from  rtjection  of  drnfls.  4th. 
That  the  liank  hiv\  notes  enonfrh  on  hand  to  siip- 
]ly  tliL'  iilact;  of  iiil  the  drafts,  cvun  if  thi-y  were 
nil  driven  in.  .Ilh,  Tliat  it  had  stopijcd  the  re- 
ceipt of  tliese  hranch  drafts  itselfat  tlie  branches, 
except  eauli  fur  its  own  in  Xoveuiher,  l^.".;i,  and 
was  conipelk'd  to  resume  tlieir  receipt  \y  the 
energetic  and  jnst  conduct  of  Mr.  Taney,  in  piv- 
iii;^  transfer  (h'afts  to  be  u.'^d  apainst  the  branch- 
es whicli  would  not  honour  the  notes  and  drafts 
of  the  other  branches.  Here  Mr.  B.  turned  up- 
on Mr.  Tyler's  report,  and  severely  arraigned  it 
for  alleging  that  the  bank  always  lionored  its 
pap  'V  at  every  jjoint,  and  furnishing  a  supply  of 
tu'gativo  testimony  to  prove  that  assertion, 
when  thei'o  was  a  laige  mass  of  positive  testi- 
mony, the  disiiU  rested  evidence  of  numerous 
respectable  per.-uns,  to  prove  the  contrary,  and 
which  the  committeo  had  not  noticed. 

Finally,  M.  B.  had  recourse  to  Mr.  Biddle's 
own  testimony  to  annihilate  his  (Mr.  Biddle's) 
affected  alarm  for  the  destruction  of  the  bank, 
and  the  injury  to  the  country  from  the  repulse 
of  these  famous  branch  drafts  from  revenue  pay- 
ments. It  was  in  a  letter  of  Mr.  Biddle  to  Mr. 
Woodburj'  in  the  fall  of  1834,  when  the  receipt 
of  these  drafts  was  actually  stopped,  and  in  the 
order  which  was  issued  to  the  branches  to  con- 
tinue to  issue  them  as  usual.  Mr.  B.  read  a 
passage  from  this  letter  to  show  that  the  receipt 
of  these  drafts  was  always  a  mere  Treasury  ar- 
]-angcment,  in  which  the  bank  felt  no  interest ; 
that  the  refusal  to  receive  them  was  an  object 
at  all  times  of  perfect  indiflerence  to  the  bank, 
and  would  not  have  been  even  noticed  by  it,  if  Mr. 
AVoodbury  had  not  sent  him  a  copy  of  his  circular. 

Mr.  B.  invoked  the  attention  of  the  Senate 
upon  the  fatal  contradictions  Avhich  this  letter 
of  November,  and  these  instructions  of  January, 
1834,  exhibit.  lu  January,  the  mere  under- 
standing of  a  design  in  contemplation  to  exclude 
these  drafts  from  revenue  payments,  is  a  dimger 
of  such  alarming  magnitude,  an  invasion  of  the 
rights  of  the  bank  in  such  a  flagrant  manner,  a 
proof  of  such  vindictive  determination  to  pros- 
trate, sacrifice,  and  ruin  the  institution,  that  the 
entire  continent  must  be  laid  under  contribution 
to  raise  money  to  enable  the  institution  to  stand 
the  shock !    November  of  the  same  year  when 


the  onler  for  the  rejection  nrtually  romcs  [\ 
the  same  measure  is  declared  to  bo  one  m"  |, 
utmost  indiflerence  to  the  bank  ;  in  « liip|, 
never  felt  any  interest;  which  tlio  Trcas  j, 
adopted  for  its  own  convenience ;  which  «a, , 
ways  under  the  exclusive  control  of  the  Tr 
sury  ;  about  which  the  b.ink  had  never  cxpn.. 
ed  a  wish;  of  which  it  would  have  taken r 
notice  if  the  Secretary  had  not  sent  them  a  c-. 
cular ;  and  the  expediency  of  whicli  it  was  nci 
intended  to  question  in  the  remotest  ik^^i 
Having  pointed  out  these  fatal  contrafliction. 
Mr.  B.  said  it  was  a  case  in  which  tlio  emphatit 
ejaculation  might  well  be  repeated :  Oh !  thai 
mine  enemy  would  write  a  book ! 

To  put  the  seal  of  the  bank's  contempt  on  tlu 
order  prohibiting  the  receipt  of  these  drafl?  i, 
show  its  disreganl  of  law,  and  its  ability  to  suj. 
tain  its  drafts  upon  its  own  resources,  andwiiV 
out  the  advantage  of  government  reeeiTabiljtv 
Mr.  B.  read  the  order  which  the  president  of  ttj 
bank  addressed  to  all  the  branches  on  the  mn 
of  the  circular  which  pave  him  infonnatio,  i\ 
the  rejection  of  those  drafts.    It  was  in  thts 
words :  "  This  will  make  no  alteration  whateTerl 
in  your  practice,  with  regard  to  issuing  or  m;, 
ing  these  drafts,  which  you  will  continue  as  hi  J 
tofore."    What  a  pitj,  said  Mr.  B.,  that  the  ml 
sident  of  the  bank  could  not  have  thought  J 
issuing  such  an  order  a.s  this  in  January  m 
of  sending  forth  the  mandate  for  curtailm;  i;vli 
embarrassing  exchange,  levying  three  niiliii 
and  a  half,  alarming  the  country  with  the  ci 
of  danger,  and  exhibiting  Pre  ident  Jack-on 
a  vindictive  tyrant  intent  upon  the  ruin  of 
bank! 

2.  The  hostility  of  the  President  to  the  bai 
This  assertion,  said  Jlr.  B.,  so  incontinently 
iterated  by  the  president  of  the  bank,  is  uti 
up  and  repeated  by  our  Finance  Committee, 
whose  report  he  wa,s  now  paying  an  instalma 
of  those  respects  which  he  had  promised  tl 
This  assertion,  so  far  as  the  bank  and  the 
mittee  are  concerned  in  making  it,  is  an  as 
tion  without  evidence,  and,  so  far  as  the  farts 
concerned,  is  an  assertion  against  evidence. 
there  is  any  evidence  of  the  bank  or  the  commiii 
to  support  this  assertion,  in  the  forty  pagesof 
report,  or  the  three  hundred  pages  of  theapi 
the  four  members  of  the  Finance  Comml'tK 
produce  it  when  they  come  to  reply.  That  il 
was  evidence  to  contiadict  it,  he  was  now 


ANNO  1835.     ANI)RP:\V  JACKSON.  TKICSIDKNT. 


533 


tion  nctunlly  poinw.  t^r^ 
li-clare<l  to  be  one  of  tu 
»  the  Imnk ;  in  whirh  ^ 
8t;   which  the  Trias, n 
nveiiicncc ;  which  vm  ,, 
iHivc  control  of  the  Tr» 
10  bank  had  never  exprtj. 
it  would  have  taktnt,,  I 
y  had  not  sent  them  a  t,;. 
icncy  of  which  it  was  m  \ 
1  ill  the  remotest  (lc;:w«; 
these  fatal  contrailiclioii<,  1 
case  in  which  the  emphaiK  I 
L'll  be  repeated ;  Oli !  ih«  | 
rritc  a  book ! 
the  bank's  contempt  on  ik I 
B  receipt  of  these  draft?,  tol 
f  law,  and  its  ability  to  siii-| 
its  own  resources,  andwfcl 
)f  government  rea'iTatMlity.l 
er  which  the  president  of  itjl 
ill  the  branches  on  the  rwtiitl 
ch  pave  him  infoniiatio,  oil 
L'so  drafts.    It  ^\as  in  thsj 
make  no  alteration  whattTtil 
ith  regard  to  issuing  or  ]4;.| 
lich  you  will  continue  aslitn 
jity,  said  Mr.  B.,  that  the  p»l 

could  not  have  tliought  ii\ 
ieras  this  in  January,  imtei 
s  maiidateforcurtailme'iA 
lanpe,  levying  three  iiiillio 
ng  the  country  with  the  err] 
liibiting  Pro^dent  Jackanii 

intent  upon  the  ruin  ofl 

of  the  President  to  the  bsi 
1  Sir.  B.,  so  incontinently  1 
esident  of  the  bank,  is  tii 
y  our  Finance  Committtej 
vas  now  paying  an  instate 
ivhich  he  had  promised  tl: 
far  as  the  baak  and  the 
ned  in  making  it,  is  anas 
ence,  and,  so  far  as  the  fartii 
issertion  against  evidence, 
ice  of  the  bank  or  the  commitii 
sertion,  in  the  forty  pages  of  i 
e  hundred  pages  of  the  appcD ' 
of  the  Finance  Comral'teei 
_;hoy  come  to  reply.    That  tl 
contradict  it,  he  was  now 


{,fh<)*' 


Thi.scvi<lencecim.'<istcd  in  four  or  five  i 


'  canJ  prominent  fa-ts,  which  he  would  now 

I    niion.  aii'J  in  other  circumstanccH,  which  he  l 

mil  .'how  herfafter.     The  first  was  the  fact  . 

liicb  In' ""ntioned  when  this  rt'port  W.18  fi rst  read 

n  ihc  iStliof  December  last,  namely,  that  Pro.si- 

.  (  Jackson  had  nominated  Mr.  IJidillo  at  the  i 

^  a,l  of  the  government  directors,  and  thereby 

.licatid  liim  for  the  presidency  of  the  bank,  for 

ra'  suocessivo  years  after  thi.s  hostility  was 

VI  imsod  to  have  commenced.     The  second  was, 

ht  the  President  liad  never  ordered  a  sciie 

j,i(W  to  is.-'iie  against  the  bank  to  vacate  it.s 

krter   wliich    he  has   the   right,  under  the 

iMilv-tliinl   section    of    the  charter,  to  do, 

riicnivcr  lie  believed  the  charter  to  be  violated. 

[he  third,  tiiat  during  many  year.'*,  heha,s  never 

i,Mm«  1  hi'  Secretaries  of  the  Treasury  to  stop  the 

Bvernmeiital  receipt  of  the  branch  bank  draft.s, 

I'liough  las  own  mind  upon  their  illegality  had 

ten  made  up  for  several  years  past.    The  fourth, 

It  after  all  the  clamor — all  the  invocations 

on  heaven  and  earth  against  the  tyranny  of 

novin"  the    deposits — those   deposits   have 

irer  Iiappcned  to  be  quite  entirely  removed ! 

averaze  of  near  four  millions  of  (k)Ilars  of 

iblic  money  has  remained  in  the  hands  of  the 

jik  for  each  month,  from  the  1st  of  October. 

3?,,  to  the  1st  of  Januarj',  1835,  inclusively! 

nbracing;  the  entire  period  from  the  time  the 

Jer  was  to  take  effect  against  depositing  in  the 

jk  of  the  United  States  down  to  the  com- 

Incemcnt  of  the  present  year  !     So  far  are  the 

i.-its  from  being  quite  entirely  removed,  as 

public  are  led  to  believe,  that,  at  the  distance 

il\een  months  from  the  time  the  order  for  the 

loval  began  to  take  effect,  there  remained  in 

I  hands  of  the  bank  the  large  sum  of  three 

llions  eight  hundred  and  seventy-eight  thou- 

fd  nine  hundred  and   fifty-one  dollars  and 

;ty-seven  cents,  according  to  her  own  show- 

I  in  her  monthly  statements.     That  President 

;5on  is,  and  always  has  been,  oppo.sed  to  the 

ktence  of  the  bank,  is  a  fact  as  true  as  it  is 

^orablc  to  him ;  that  he  is  hostile  to  it,  in  the 

ictive  and  revengeful  sense  of  the  phrase,  is 

•ertion,  Mr.  B.  would  take  the  liberty  to 

^at,  without  evidence,  so  far  as  he  could  see 

the  proofs  of  the  committee,  and  against  evi- 

to  the  full  extent  of  all  the  testimony 

kin  his  view.    Far  from  indulging  in  rc%  enge- 

-cntment  against  the  bank,  he  has  been 


patient,  indulgent,  and  forebearing  towanl^  it.  to 
a  degne  hanlly  ciiinpatihlo  with  hit  duty  to  hi-* 
country,  and  with  hix  constitutional sii|>irvisii)ii 
over  the  faithful  cMH-ulioii  dftlif  lnw.>;  ton  ilc- 
grte  which  h,a»  drawn  u|,«)n  him,  us  ii  di  ductii  ii 
from  his  own  conduct,  an  argument  in  fivor  of 
the  legality  of  this  very  branch  bank  .iirnnry, 
on  the  part  of  this  very  iHunmittee,  as  mnv  bj 
seen  in  their  rcjiort.     Again,  tlie  very  circum 
stince  on  which  this  charge  of  ho-tility  rests  in 
tlie  two-and-twenty  letters  of  Mr.  l!i<!dle,  jjroves 
it  to  be  untrue  :  for  the  stoppage  of  the  draft.*, 
understood  to  bo  in  contemi)!ation,  was  not  in 
contemplation,  anil  did  not  take  place  until  the 
pecuniary  concerns  of  tlie  country  weretnuKpiil 
and  prosperous;    and  when   it  did  thus  take 
place,  the  president  of  the  bank  declared  it  to 
have  been  always  the  exclusive  right  of  the  gov- 
ernment to  do  it,  in  which  the  bank  had  no  in- 
terest, and  for  which  it  cared  nothing.    No,  said 
Mr.  B.,  the  President  has  opposed  the  rechartLT 
of  the  bauK;  he  has  not  attacked  its  present 
charter  ;  he  has  opposed  its  fulitrc,  not  its  pre- 
sent existence  ;  and  those  who  characterize  this 
opposition  to  a  future  charter  as  attacking  the 
bank,  and  destroying  the  bank,  must  ailmit  that 
they  advocate  the  hereditary  right  of  the  bank 
to  a  new  charter  after  the  (dd  one  is  out ;  and 
that  they  deny  to  a  public  man  the  ri^ht  of  op- 
po.sing  that  hereditary  cluiin. 

3.  That  there  was  no  necessity  for  this  third 
curtailment  ordered  in  Januaiy.  Mr.  B.  said, 
to  have  a  full  conception  of  the  truth  of  this  po- 
sition, it  was  proper  to  recollect  that  the  bank 
made  its  first  curtailment  in  August,  when  the 
appointment  of  an  agent  to  arrange  with  the  de- 
posit banks  announced  the  fact  tliat  the  Bank  of 
the  United  States  was  soon  to  cease  to  be  the 
depository  of  public  moneys.  The  reduction 
under  that  first  curtailment  was  ,'j>;l,()()0,(JOO. 
The  second  vas  in  October,  and  under  that  or- 
der for  curtailment  the  reduction  was  !|ti.5,825,000. 
The  whole  reduction,  then,  consequent  upon  the 
expected  and  actual  removal  of  deposits,  was 
$9,891,000.  At  the  same  time  the  whole  amount 
of  deposits  on  the  first  day  of  October,  the  day 
for  the  removal,  or  rather  for  the  cessation  to  de- 
posit in  the  United  States  Bank  to  take  elfcct,  was 
$9  808,435 ;  and  on  the  first  day  of  February, 
1834,  when  the  third  curtailment  was  ordered, 
there  were  still  $3,000,561  of  these  deposits  on 
hand,  and  have  remained  on  hand  to  near  that 


MO 


•nilRTY  YEARS'  VIEW, 


•mount  cvcT  finw ;  so  lliat  the  bank  in  the  two 
first  ciirtaihm'nls.  nccomiilished  lii-twpcn  Au(rii«t  ' 
and  Janimry,  had  actually  curtnilod  to  the  whole 
amount,  and  to  the  exact  amount,  upon  precise  I 
ealrulation,  of  the  amount  of  doponits  on  hand 
on  the  first  of  October;  and  Btill  had,  on  the  [ 
first  of  January,  a  fraction  over  three  millions  [ 
of  the  deposits  in  its  possession.  This  simple 
Btatement  of  sums  and  dates  shows  that  there 
was  no  necessity  for  ordering  a  further  reduction 
oflii;:?,320.00()in  January,  as  the  bank  had  al- 
ready curtailed  to  the  whole  amount  of  the  de- 
posits, and  $22,500  over.  Nor  did  the  bank  put 
the  third  curtailment  upon  that  ground,  but  tip- 
on  the  new  measures  in  contemplation ;  thus 
leavinn;  her  advocates  every  where  still  to  attri- 
bute the  pressure  created  by  the  third  curtail- 
ment to  the  old  cause  of  the  removal  of  the  de- 
posits. This  simple  statement  of  facts  is  suffi- 
cient to  show  that  this  third  curtailment  was 
tmnecessary.  What  confirms  that  view,  is  tliat 
the  bank  remitted  to  Europe,  as  fast  as  it  was 
collected,  the  whole  amount  of  the  curtailment, 
and  $105,000  over;  there  to  lie  idle  until  she 
could  raise  tr  o  foreign  exchange  to  eight  per  cent, 
above  par ;  which  she  had  sunk  to  five  per  cent, 
below  par,  and  thus  make  two  sets  of  profits  out 
of  one  operation  in  distressing  and  pressing  the 
country. 

4.  No  excuse  for  doubling  the  rates  of  ex- 
change, breaking  up  the  exchange  business  in 
the  West,  forbidding  the  branch  at  New  Orleans 
to  purchase  a  single  bill  on  the  West,  and  con- 
centrating the  collection  of  exchange  on  the  four 
great  commercial  cities.  For  this,  Mr.  B.  said, 
no  apology,  no  excuse,  no  justification,  was  of- 
fered by  the  bank.  The  act  stood  unjustified 
and  unjustifiable.  The  bank  itself  has  shrunk 
from  the  attempt  to  justify  it;  our  committee, 
in  that  report  of  which  the  bank  proclaims 
itself  to  bo  so  proud,  gives  no  opinion  in  its 
brief  notice  of  a  few  lines  upon  this  transaction; 
but  leaves  it  to  the  Senate  to  pronounce  upon 
its  wisdom  and  necessity !  The  committee,  Mr. 
B.  said,  had  failed  in  their  duty  to  their  country 
by  the  manner  in  which  they  had  yelled  this 
affair  of  the  exchanges  in  a  few  lines ;  and  then 
blinked  the  question  of  its  enormity,  by  refer- 
ring it  to  the  judgment  of  the  Senate.  He  made 
the  same  remark  upon  the  contemporaneous 
measure  of  the  third  curtailment ;  and  called  on 
the  author  of  the  report  [Mr.  Tyler]  to  defend 


his  rf'jHirt, and  to  defend  thccondiirt  'f thet*ii| 
now,  if  he  could;  and  n'fiucstcd  him  fortft,  I 
all  this  part  of  his  Hpeech  as  a  fiirtlicr  in-ivF 
mciit  paid  of  what  wa.s  due  to  thut  rqHirtfj.,,  L 
bank. 

5.  That  the  curtailnuut  and  cxrliiinr.>p  ^.i 
gulations  of  Janu:iry  wore  political  aivl  ttT', 
lutionary,  and  connect  themselves  witi,  , 
contemporaneous  proceedings  of  the  ^'■n%\('„ 
the  condemnation  of  the  President.  Ti,^(  ^\ 
curtailment,  and  these  regulations  were  u,u,', 
and  wicked,  was  a  proposition,  Mr.  Jj,  ,,.i 
which  resulted  as  a  logical  conclu.sidn  fmnmiji 
had  been  already  shown,  namely',  that  thcvirJ 
causeless  and  unnecessary,  and  done  upon  itt 
texts  which  have  been  dcmon.stratod  toljofji 
That  they  were  political  and  rcvolutionarv,  i 
connected  with  the  proceedings  in  the  .^cmj 
for  the  condemnation  of  the  Prcsidi'iit,  jiemnj 
now  prove.  In  the  exhibition  of  this  proof,  j 
first  thing  to  be  looked  to  is  the  ciironolor 
the  events — the  time  at  which  the  lank  nj* 
this  third  curtailment,  and  sent  forth  tiie-'ejl 
change  regulations — and  the  time  at  which  (i 
Senate  carried  on  the  proceeding  against  tJ 
President.  Viewed  under  this  aspect,  the  ti[ 
movements  are  not  only  connected,  but  idenid 
and  inseparable.  The  time  for  the  condemnatj 
of  the  President  covers  the  period  from  thei'a 
of  December,  1833,  to  the  28th  of  March.  ItjJ 
the  bank  movement  -is  included  in  tiic  i 
period ;  the  orders  for  the  pressure  wert  im 
from  the  21st  of  January  to  the  1st  of  Fchn 
and  were  to  accomplish  their  effect  in  tiiemoi 
of  March,  and  by  the  first  of  April ;  except  i 
place,  where,  for  a  reason  which  will  "oc  fkJ 
at  a  proper  time,  the  accomplishment  oft 
effect  was  protracted  till  the  10th  day  of  .Id 
These,  Mr.  B.  said,  were  the  datesof  issuinji 
orders  and  accomplishing  their  effect ;  the  i 
of  the  adoption  of  the  resolution  in  the  baiilj 
this  movement  is  not  given  in  the  report  Ij 
must  have  been,  in  the  nature  of  things,  aiitai 
to  the  issue  of  the  orders ;  it  must  have  I 
some  days  before  the  issue  of  the  orders  ;ij 
was,  in  all  probability,  a  few  daysafterthea 
mencement  of  the  movement  in  the  Sei| 
against  the  President.  The  next  point  ofi 
nection,  Mr.  B.  said,  was  in  the  subject  nijffl 
aud  here  it  was  necessary  to  recur  to  the  orsj 
form,  and  to  the  second  form,  of  the  resoM 
for  the  condemnation  of  the  President,  hi 


ANNO  1833.     ANUKKW  JAfKWjN,  rUFMMCNT. 


Ml 


.ilmtnt  nnd  cxclianp'  t*.| 
r  were  political  ami  tc 
icct  thctnsclvcH  with  \ 
)cccding8  of  the  S.  nate ;,] 
the  President.    That  ikj] 
so  regulations  were  wani 
proposition,  Mr,  15.  * 
loj;ic!il  conclusion  fronmi, 
own,  namely,  tliat  thcvffs: 
iessary,  and  done  uinm  j 
ccn  demonstrated  to  IjcfjLn 
itical  and  revolutionary,  ja 
3  proceedinRS  in  the  Sti 
on  of  the  President,  lie  whJ 
e  exhibition  of  this  iiroot.il 
lokcd  to  is  the  chronol  <r: 
tnc  at  which  the  hank  n 
lent,  and  sent  forth  thenc 
;— and  the  time  at  which 
a  the  proceeding  apninit 
ed  under  this  aspect,  then 
)t  only  connected,  but  idcKi 
The  time  for  the  condenraaii 
:overs  the  period  fi'om  thcii 
3,to  the  28th  of  March.  ItSi 
lent  -is  included  in  the  a 
-8  for  the  pressure  won  is 
January  to  thelstof  Fibi 
mplish  their  effect  in  tlio  ra 
the  firstof  April;  excel  tin 
a  reason  which  will  be  f]t 
the  accomplishment  o( 
ic'ted  till  the  10th  day  of  .\i 
id,  were  the  dates  of  issmii! 
np'lishing  their  effect ;  the 
jf  the  resolution  in  the  hd\ 
s  not  given  in  the  report, 
in  the  nature  of  things,  mt 
the  orders ;  it  must  have 
the  issue  of  the  ordeR; 
dbility,  afewdaysafterthed 
the  movement  in  the  ^ 
sident     The  next  point  o(« 
8aid,was  in  the  subject  iii«l 
necessary  to  recur  to  the  ot« 
.e  second  form,  of  the  rcsotf 
infttion  of  the  President,  hi 


ir  t,or  (ir.inordial  form,  the  n-HoIution  vrtm  ex- , 
\r,rt*>W  ciiiiiiect«<l  with  the  aiuwj  of  the  bank,  j 
vrai.  •'"■  di.>uii-i8iiig  Mr.  Duane  becau.se  he 
[ffiuM  not  ninove  the  dei>o.xit.«<,  and  appointing 
Mr  T;ini  V  Ix-cause  ho  would  remove  them.  In 
L,.  jnwnd  f' rin  of  the  resolution — that  form 
ihich  natunili;<t»  woidd  call  it.s  aun-lia,  or 
p|  rvMlis  slate — the  phraseology  of  the  connec- 
„]  fl-M  varied,  but  still  the  cfitinection  wa.s 
tained  and  expressed.  Tlio  names  of  Mr. 
lam:  and  Mr.  Taney  were  drop|H.'d ;  and  the 
ftnoval  of  the  dejK).»iits  upon  his  own  re.xpon.si- 
ilitv  was  the  alleged  offence  of  the  President. 
its  third  and  idtimatc  tran.sfonnation,  all  al- 
;iun  to  the  bank  wa<  dropped,  and  the  vague 
irm '' iwi'iiue  "  wa.i  .^ub.si;"ited;  but  it  was  a 
ilijlitiitii*"  "^  phra.se  oidy.  without  any  alter*- 
,!)  of  eeiise  or  meaning.  The  resolution  is  the 
le  under  all  its  phases.  It  is  still  the  bank, 
111  Mr.  Taney,  and  Mr.  Duane,  and  the  removal 
tbedtpo.sits,  which  are  the  things  to  be  un- 
(Rtood,  tlioiigh  no  longer  prudent  to  cxpres.s. 
these  sid)stantial  objects  arc  veiled,  and 
|l,?titutcd  by  the  empty  phrase  "  revenue ; '' 
lih  mijrht  signify  the  force  bill  in  South 
Lrelina,  and  the  bank  question  in  Plilladelphia ! 
L  vagueness  of  the  expression  left  every  gen- 
|man  to  fight  upon  his  own  hook,  and  to  hang 
vote  upon  any  mental  reservation  which 
id  he  found  in  his  own  mind!  and  Mr.  B. 
(lid  go  before  the  intelligence  of  any  rational 
1  with  the  declaration  that  the  connection 
livcen  the  condemnation  of  the  President  and 
I  cause  of  the  bank  was  doubly  proved  ;  first 
[the  words  of  the  resolution,  and  next  by  the 
ission  of  those  words.  The  next  point  of 
jiection,  Mr.  B.  said,  was  detected  in  the 
,  varied  to  suit  each  State,  at  which  the 
Lure  under  the  curtailment  was  to  reach  its 


kimum;  and  the  manner  in  which  the  re- 

jctions  upon  the  sale  and  purchase  of  bills 

xchange  was  made  to  fall  exclusively  and 

kily  jpon  the  principal  commercial  cities,  at 

jmoment  when  most  deeply  engaged  in  the 

fhase  and  shipment  of  produce.    Thus,  in 

|-York,  where  the  great  charter  elections 

to  take  place  during  the  first  week  in 

il  tiie  curtailment  was  to  reach  its  maximum 

pure  on  the  first  day  of  that  month.    In 

pnia,  where   the  elections    are  continued 

bghout  the  whole  month  of  April,  the  pres- 

ITM  not  to  reach  its  climax  until  the  tenth 


day  of  that  numth.     In  ('onne<ticui,  where  the 
electioni<  t>ccnrn<l  alxMit  the  firot  <!  April,  the 
pnnsure  wan  to  havi-  its  luMt  turn  of  the  unw 
in  the  month  of  Manli.     And  in  thttk-  iluie  in- 
stana's,  the  only  ones  in  which  the  ch«tion.s 
wiTe   deiK-Muling,    the   political   bearing  of  tlm 
pressure  was  clear  and  undeniable.    The  sym- 
pathy in  the  Senate  in  the  rcsult.s  of  thotic  p(di« 
tical  calculations,  was  displayed  in  tliee.xultution 
which  broke  out  on  n-ceiving  the  news  of  the 
elections  in  Virginia,  Ncw-Vork,  and  t'onneeticut 
— an  exultation  which  broke  out  into  the  most 
extravagant  rejoicings  over  the  supposed  down- 
fall of  the  administration.     The  careful  calcula- 
tion to  make  the  pressure  antl   the  exchange 
regulations  full  upon  the  commercial  cities  at 
the  moment  to  injure  commerce  moht,  was  al-^o 
visible  in  the  times  fixed  for  each.     Thus,  in  all 
the  western  cities,  Cincinnati,  Louisville,  Le.\ 
ington,  Nashville,  Pittsburg,  ISaint  I.oui.s,  the 
pressure  was  to  reach  its  maximum  by  the  first 
day  of  March ;  the  shipments  of  western  pru- 
juce  to  New  Orleans  being  mostly  over  by  that 
time ;  but  in  New  Orleans  the  i)ressuro  was  to 
be  continued  till  the  first  of  April,  becatise  the 
shipping  season  is  protracted  there  till  that 
month,  and  thus  the  produce  which  left  the 
upper  States  under  the  depression  of  the  jires- 
sure,  was  to  meet  the  same  pressure  upon  its 
arrival  in  New  Orleans ;  and  thus  enable  the 
friends  of  the  bank  to  read  their  ruined  prices 
of  western  produce  on  the  floor  of  this  Senate. 
In  Baltimore,  the  first  of  March  was  fixed,  whicii 
would  cover  the  active  business  season  there. 
So  much,  said  Mr.  B.,  for  the  pressure  by  cur- 
tiilment ;  now  for  the  pressure  by  bills  of  ex- 
change, and  ho  would  take  the  case  of  New 
Orleans  first.    All  the  branches  in  the  West, 
and  every  where  else  in  the  Union,  were  author- 
ized to  purchase  bills  of  exchange  at  short  dates, 
not  exceeding  ninety  days,  on  that  emporium 
of  the  West ;  so  as  to  increase  the  demand  for 
money  there ;  at  the  same  time  the  branch  in 
New  Orleans  was  forbid  to  purchase  a  single 
bill  in  any  part  of  the  valley  of  the  Mississippi. 
_  This  prohibition  was  for  two  purposes  ;  first,  to 
break  up  exchange  ;  and  next,  to  make  money 
scarce  in  New  Orleans ;  as,  in  default  of  bills  of 
exchange,  silver  would  be  shipped,  aud  the  ship- 
ping of  silver  would  make  a  pressure  upon  all 
the  local  banks.     To  help  out  this  operation, 
Mr.  B.  said,  it  must  be  well  and  continually 


542 


TIIIUTV  VEA^S*  VIFAV. 


%^^' 


'^  r. 


■'' 


ri'iiitinlicnil  tlint  the  U"nkof  the  i  nilcd  .SUtcH 
ifM'lf  ttlKlnctc«l  alxHit  ono  million  m!  «  quarti-r 
of  hiinl  (li>ll)ir<  from  New  Oilcann  durinj?  t!u 
priod  (f  the  pn-nKiire  thcri- ;  iIiuh  provuijf  O'^xt 
ikU  her  aire  !  ncirnHity  \'>v  curtnilment  wiw  a 
fal-'c  and  v  •  K'  il  pwtfxt  for  tlic  cover  of  her  own 
)i<>hiioul  (tiid  revohitionary  viewH. 

Tfie  ca>ic  of  tlie  wentera  hrnnches  was  next 
adverted  tohyMr.  li.  Atnonp;  these,  he  Baid, 
the  hiininc-s  of  e.\(?hanp«  was  broken  up  in  tnto. 
The  hve  western  hraiicheH  were  forbid  to  jiiir- 
chase  exchanpo  at  all ;  mid  this  tyronnical  order 
was  not  even  vcilid  with  the  pretext  of  on  ex- 
cuse. Upon  the  North  Atlantic  cities,  Afr.  I}. 
Piiid,  nnliinited  authority  to  all  the  branch.  -  van 
piven  to  purehase  billH,  all  at  short  dates,  under 
ninety  days ;  and  all  intended  to  bcconir  due 
duriuj,'  the  shifiiiing  season,  ■■>  nd  to  incrciuio  the 
demand  lor  money  while  the  curtailment  was 
poinp  on,  and  the  screw  tiiminj?  from  day  to  day 
to  lessen  the  capacity  of  petting  money,  and 
make  it  more  scarro  as  the  demand  for  it  be- 
came urfrent.  Thus  were  the  preat  commercial 
cities,  Now  Orleans,  New-York,  naltiniore,  and 
Philadelpl'  a,  subject  to  a  double  prcxiess  of  op- 
pression ;  and  that  at  the  precise  season  of  pur- 
clm.sing  and  shippinp  crops  so  as  to  make  their 
distress  recoil  upon  the  planters  and  farmers ; 
and  all  this  upon  the  pretext  of  new  mcoHurcs 
understood  to  be  in  contemplation.  Time  again 
becomes  material,  said  XIr.  B.  'i'he  bank  pres- 
sure was  ar'-anped  in  January,  to  reach  its  climax 
m  March  and  the  first  of  April ;  the  debate  in 
the  Senate  for  the  condemi 'ition  of  President 
Jackson,  which  cot  imonccd  m  the  last  days  of 
December,  was  protracted  over  the  whole  period 
of  the  bank  pressure,  and  reached  its  consum- 
mation at  the  same  time ;  namely,  the  28th  day 
of  March.  The  two  movements  covered  the 
same  period  of  time,  reached  their  conclusions 
together,  and  co-operated  in  the  effect  to  be 
produced ;  and  durinp  the  three  months  of  this 
double  movement,  the  Senate  chamber  resound- 
ed daily  with  the  cry  that  the  tyranny  and 
vengeance  of  the  President,  and  his  violation  of 
laws  and  constitution,  had  created  the  whole 
distress,  and  struck  the  nation  from  a  state  of 
Arcadian  felicity — from  a  condition  of  unparal- 
leled prosperity — to  the  lowest  depth  of  misery 
and  ruin.  And  here  Mr.  B.  obtested  and  be- 
eought  the  Senate  to  consider  the  indifference 
\rith  which  the  bank  treated  its  friends  in  the 


Senate,  and  the  «<>rrowftil  ronlradiction  in  »i 
they  were  left  t"  U«  raupht.     In  the  S.  n«'e  ^il 
all  «iver  the  country,  the  frieiuU  of  ih,.  (^  I 
were  allowetl  to  po  on  with  the  ol,|  tun*,  ^yl 
run  upon  the  wrong  ^ccnt.  <>f  nniovi,!  ,.( ,if 
dej)osits  creating  all  the  distress  ;  w  liil<.,  j,  , 
Iwo-and-twenty  circular  letters  dinpatdu.)^ 
(irnte  this  distress,  it  was  not  the  dM  pioi.,, 
alori'    but  the  new  moa.suivn  coiitciiijilat,.,! , 
con-    tuteil  the  pretext  for  this  viry  >;,; 
tress.     Thus,  the  bank  stood  upon  oiu;  iirvtrj 
>nd  its  friends  stood  upoti  another;  nnilffii- 
mortifying  contradiction,  in  which  all  it,  frjfj, 
have  become  exposed  to  see  their  infun'j 
speeches  i  xploded  by  the  bank  itself,  am 
dignation  ought  now  to  be  felt  by  nil  tin  fn,, 
of  ti     bank,  who  were  In;  ing  the  distn—  i,  j 
removal  of  the  deposits,  and  daily  crj  inj , 
that  nothing  cotdd  relieve  the  country  Imt  \ 
restoration  of  the  deposits,  or  the  retliartir  1 
the  bank  ;  while  the  bank  itself  was  writin; 
its  branches  that  it  was  the  new  mon.mmii  i 
derstood  to  lx>  in  contemplation  that  «as  i-n| 
sioning  all  the  mischief.     Mr.  B.  woiiM  (|,J^ 
this  head  with  a  remark  which  oupht  hi  net 
reflections  which  should  never  die  aw.iv ;  M 
should  be  remembered  as  long  as  national  W 
existed,  or  asked  for  existence.    It  nas  tJil 
That  hero  was  a  proved  case  of  a  nationallu 
availing  itself  oC  its  oiganization,  niid  of  j 
power,  to  send  secret  .orders,  upon  a  false  t 
text,  to  every  part  of  the  Union,  to  create  c 
tress  and  panic  for  the  purpose  of  nccomplisli: 
an  object  of  its  own ;  and  then  pubiidc  i 
calumniously  charging  all  this  misrlmf  en  \i 
act  of  the  President  for  the  removiil  of  the 
posits.    This  recollection  should  warn  the  o 
try  against  ever  permitting  another  natio 
bank  to  repeat  a  crime  of  such  fi  -litful  ima 
rality,  and  such  enormous  injury  to  the  k-ii 
and  property  of  the  people.    Mr.  B.  c.\prti<| 
his  profound  regret  that  the  report  of  the  k 
conunittec  was  silent  upon  these  dreadful  esi 
mitics,  while  so  elaborate  upon  trifks  in  fiij 
of  the  bank.    He  was  indignant  at  the  miclai 
d-one  to  private  property ;  the  full  in  tin  ] 
of  staples,  of  stocks,  and  of  all  real  and  pmi 
estate ;  at  the  ruin  of  many  merch.ints.  a 
injury  of  many  citizens,  which  took  place  dm 
this  hideous  season  of  panic  and  pressure. 
was  indignant  at  the  bank  for  creating  its 
still  more  for  its  criminal  audacity  in  clu 


ANNO  isn.v    Axnur.w  Jackson.  i'ia>.im:NT. 


543 


\fiil  rontra'lirtion  in»»  ji 
■aiiflht.     In  the  Si  nvp  t,, 

r,  tllO    frU'lKln    of  t|M>  Ifli, 

(in  with  tliP  old  tunc  i-, 
X  nccHt.  "f  ri'nioN.il  ■  •, 
tlic  distress  5  wliilc.  in  ij 
•iilnr  Ifttcrs  (liHp»ir!.,.| ., 
it  woH  in)t  llic  (iM  imi.i 
casiiivn  rotiti'inpliiii'il, « • 
I'xt  for  thin  vtry  sm 
iiik  stood  upon  oiui  | , 
1  upon  another;  nml  f  rtij 
•tion,  in  which  nil  ii-  fr;^: 
<cd  to  SCO  their  iii'  uri' 
by  the  bank  itself,  aju-! 
,V  to  bo  felt  by  nil  tin  fn,:. 
ere  lie  in|?  the  distre>-  n,  ^^ 
posits,  and  dnily  cryinj  lA 
I  relieve  the  country  tiut 
deposits,  or  the  reciiarttr  I 
10  bank  itself  was  writin; 
t  was  the  new  nion-siins 
jontemplation  thsit  was  i"ril 
ischicf.  Mr.  H.  would  (]« 
cmark  which  ou^ht  Inn 
should  never  ilic  away ;  whir] 
cred  as  long  aa  national  U; 
for  existence.  It  was  tbl 
roved  case  of  a  national  U 

its  oiganization,  and  of 
.'cret  .orders,  upon  a  fal^e  p 
t  of  the  Union,  to  create 
r  the  purpose  of  accomiilis 
own ;  and  then  publiclv 
[•p;ing  all  this  misrhief  en  !3 
■nt  for  the  removal  of  tie  1 
illcction  should  warn  tl;t 

permitting  another  natj 
crime  of  such  fii^rhtful  imi 
mormotis  injury  to  the  Iju-i 
the  people.    Mr.  B.  cxpnd 
•et  that  the  report  of  tliel* 
lent  upon  these  diTadfiil  mi 
elaborate  upon  trifles  infm 
;  was  indignant  at  the  mi- 
property  ;  the  fall  in  the  [dj 
:ks,  and  of  all  real  and  pei«« 
lin  of  many  merchants,  and 
litizens,  which  took  placici 
;on  of  panic  and  pressure. 
t  the  bank  for  creating  li 
3  criminal  audacity  in  rf 


I  „«  own  condin*t  npon  the  Pre«i«l«>nt ;  «nd  he 
(U  ni"rti>i*'d,  |irofoundly  niortilled,   that   kII 
ih,«  ihiiiild  liavu  e«c»tHd  the  attrntinn  of  the 
r  nuff  <'"iimi't»'<'.  "I'd  enabled  them  to  make 
|jp.p.,r; .  1  wliich  tlio  bank,  in  it*  odlrial  orpin, 
fin-Ur**  ''"'"^  •"  '•«  j"dly  prr)ud  ;  which  it  now 
In  mulirpoin^  the  ukiuiI  prorenn  of  dilfusion 
llhriiiplilh''I'"''''cation<)fsupp1emMitalpazetfos; 
Uhiiii  it  ojienly  avers  would  hnro  insured  the 
Ir..  hart'T  if  it  had  roine  mit  in  time  5  and  to  which 
I,  nmv  liH)ks  for  such  rccharter  as  noon  as  I'n-s- 
licVnt  Jackson  retires,  nn<l  the  country  can  bo 
Ithrnv     into  confusion  by  the  distractions  of  a 
:d  election. 
■"•  took  up  another  head  of  evidence 
that  the  curtailment  and  cx- 
is  of  January  were  political  and 
and  connected  with  the  procoe<l- 
■yiNoftlic  Inmate  for  the  condemnation  of  the 
pwiilent  i  and  hero   ho  would  proceed  upon 
irl'lcnce  drawn  from  the  bank  itself,    Mr.  B. 
fconrca<i  extracts  from  Mr.  Biddle'.^  letters  of 
D-tnictions  (January  30, 1834)  to  Joseph  John- 
pin,  Esquire,  president  of  the  branch  bank  at 
tharleston,  South  Carolina.    They  were  as  fol- 
Lws:  "Willi  a  view  to  meet  the  coming  crisis 
1  the  banking  concerns  of  the  country,  and 
tpeoially  to  provide  against  new  measures  of 
utility  luiderstood  to  bo  in  contemplation  by 
ke  executive  olilcers  at  Washington,  a  general 
^diiction  has  been  ordered  at  the  several  offices, 
ii  1  have  now  to  ask  your  particular  attention 
»accompIi>i  it."     ♦    *     *    ♦    "It  is  as  dis- 
Titable  to    is  as  it  can  be  to  yourselves  to 
lipose  any  nstrictions  upon  the  business  of  the 
Ecc.    But  you  are  perfectly  aware  of  the  cfTort 
lliich  Ims  been  making  for  some  time  to  prostrate 
le  bank,  to  which  this  new  measure  to  which 
|have  alluded  will  soon  be  added,  unless  the 
'ojectors  become  alarmed  at  it.    On  the  defeat 
[these  attempts  to  destroy  the  bank  depends, 
1  our  deliberate  judgment,  not  merely  the  pe- 
niary  interests,  but  the  whole  free  institutions 
I  our  country;  and  our  determination  is,  by 
|en  a  temporary  sacrifice  of  profit,  to  place  the 
ok  entirely  beyond  the  reach  of  those  who 
ditate  its  destruction." 
IMr.  B.  would  invoke  the  deepest  attention  to 
lis  letter.    The  passages  which  he  had  read 
fn  not  in  the  circulars  addressea  at  the  same 
|ie  to  the  other  branches.    It  was  confined  to 
i  letter,  with  something  similar  in  one  more 


which  be  wotdd  prrnently  md.  The  roniin« 
crii»i"i  ill  tb'-  Imnkiii;*  coticcm<<  of  the  country  i* 
here  shadow , 'I  f.irlh.  and  mcntly  fop-told,  thrt" 
months  ImTom-  it  hn||>in<d ;  and  with  po<M|  n  r^ 
son,  for  the  prophet  of  tin- 1  vil  wa.s  to  ndsi^t  in 
fiiHiiling  bis  pn>phecy.  With  this  norrvt  pre- 
dict .011,  made  in  Jantmrv,  i-i  to  U'  connected  thu 
public  pn'dictioiis  conteniponuicdiiHly  nia<!e  on 
this  flcMir,  and  continue*!  till  ,\pril.  when  the 
e,\-pIo.«ion  of  »!oiiie  banks  in  this  district  wan 
proclaimed  aa  the  comiiu'iicrnniit  of  the  irmernl 
ruin  which  wn"  toll,  ,olve  all  local  banks,  and 
especially  the  v,  l>/i^  ftuty-fiind  list  of  bank", 
in  one iiniv  1  v!  'Vittfl;  t  -iphe.  The  .'^iiialc  would 
remenibo/  ill  li.l  .  i"'d  upare  him  npetifioim 
which  must  now  i.  heard  with  jiaiii.  though 
uttered  with  s.itisfiiction  a  few  months  ago.  The 
whole  free  institutions  of  our  eoiinfry  was  the 
next  phrase  in  the  letter  to  which  Mr.  H.  called 
attention.  He  said  that  in  this  jdirasc  the  [ndi- 
tical  designs  of  the  bank  stood  revealed;  and  he 
averre<l  that  this  language  was  identical  with  that 
u,se<l  upon  this  floor.  Here,  then,  is  the  secret 
order  of  the  bank,  avowing  that  the  whole  free  in- 
stitutions of  the  country  are  taken  into  its  holy 
keeping;  and  that  it  was  determined  to  sul)- 
mit  to  a  temporary  Bncriflcc  of  profit  in  sus- 
taining the  bank,  which  itself  sustains  the 
whole  free  institutions  of  the  country  !  What 
insolence  !  What  audacity!  But,  said  Mr.  B., 
what  is  hero  meant  by  free  institutions,  was 
the  elections!  and  the  true  meaning  of  Mr. 
Biddlo's  letter  is,  that  the  bank  meant  to  submit 
to  temporary  sacrifices  of  money  to  carry  the 
elections,  and  put  down  the  Jackson  adminis- 
tration. No  other  meaning  can  be  put  upon 
the  words ;  and  if  there  could,  there  is  further 
proof  in  resen'O  to  nail  the  infamous  and  wicked 
design  upon  the  bank.  Anotlter  passage  in  this 
letter,  Mr.  B.  would  point  out,  and  then  pro- 
ceed to  a  new  piece  of  evidence.  It  was  the 
passage  which  said  this  new  measure  will  soon 
be  added,  unless  the  projectors  become  alarmed 
at  it.  Now,  said  Mr.  B.,  take  this  as  you  please ; 
either  that  the  projectors  did,  or  did  not,  be- 
come alarmed  at  their  new  measure ;  the  fact 
is  clear  that  no  new  measure  was  put  in  force, 
and  that  the  bank,  in  proceeding  to  act  upon 
that  assumption,  was  inventing  and  fabricating 
a  pretext  to  justify  the  scourge  which  it  was 
meditating  against  the  country.  Dates  are  here 
materi.il,  said  Mr.  B.     The  first  letters,  foundc? 


IMAGE  EVALUATION 
TEST  TARGET  {MT-3) 


1.0 


I.I 


mm  m: 

^   US,    12.0 

lit 


12.2 


liS. 


|L25|,.4      ,.6 

M 

6"     

' ► 

4 


Ta 


% 


^/ 


V 


Photographic 

Sciences 
Corporation 


la  WBT  f.iAIN  STRHT 

wnsTiR,N.Y.  usao 

(7U)  I72UM3 


v 


iV 


•SJ 


<^ 


re 


'^^^-^^'' 

^.V^ 


0   ^    '■••■^ 

■ 

^ 
^ 

► 

1^ 


••^'* 

fe 


544 


TliniTV  YKAIIS  vii;\v. 


i 


on  these  new  measures,  were  duU-d  the  2l8t  of 
January ;  and  8{ioke  of  them  as  bcin^  under- 
stood to  Jie  in  contemjiltttion.  This  letter  to 
Mr.  Johnson,  wliidi  sjitaks  hypothetical Ij',  is 
dated  tlic  30lh  of  January,  being  eijj;ht  days 
later ;  in  which  time  the  bank  had  doubtless 
heard  that  its  understanding  about  what  was 
in  contemplation  was  all  false  ;  and  to  cover  its 
retreat  from  having  sent  a  falsehood  to  two- 
and-twenty  branches,  it  gives  notice  that  the 
new  measures  which  were  the  alleged  pretext 
of  panic  and  piessure  upon  the  country  were 
not  to  take  place,  bccaiiso  the  projectors  had 
got  alarmed.  The  beautiful  idea  of  the  projec- 
tors— that  is  to  say.  General  Jackson,  for  he 
is  the  person  intended — becoming  alarmed  at 
interdicting  the  reception  of  illegal  drafts  at  the 
treasury,  is  conjured  up  as  a  salvo  for  the  honor 
of  the  bank,  in  making  two-and-twcnty  instances 
of  false  assertion.  But  the  panic  and  pressure 
orders  arc  not  countermanded.  They  are  to  go 
on,  although  the  projectors  do  become  alarmed, 
and  although  the  new  measure  be  dropped. 

Mr.  B.  had  an  extract  from  a  second  letter  to 
read  upon  this  subject.  It  was  to  the  president 
of  the  New  Orleans  branch,  Mr.  W.  W.  Mont- 
gomery, and  dated  Bank  of  the  United  States 
the  24th  of  January,  He  read  the  extract: 
'•  The  state  of  things  hero  is  very  gloomy ;  and, 
unless  Congress  takes  some  decided  step  to 
prevent  the  progress  of  the  troubles,  they  may 
soon  outgrow  our  control.  Thus  circumstanced, 
our  first  duty  is,  to  the  institution,  to  preserve 
it  from  all  danger;  and  we  are  therefore  anx- 
ious, for  a  short  time  at  least,  to  keep  our  busi- 
ness within  manageable  limits,  and  to  make 
some  sacrifice  of  property  to  entire  security. 
It  is  a  moment  of  great  inttrest,  and  exposed 
to  sudden  changes  in  public  afiairs,  which  may 
induce  the  bank  to  conform  its  policy  to  them ; 
of  these  dangers,  should  any  occur,  you  will 
have  early  advice."  When  he  had  read  this 
extract,  Mr.  B.  proceeded  to  comment  upon  it ; 
almost  every  wor.'  of  it  being  pregnant  with 
political  ana  revolutionary  meaning  of  the  plain- 
est import.  The  whole  extract,  he  said,  was 
the  language  of  a  politician,  not  of  a  banker, 
and  looked  to  political  events  to  which  the  bank 
intended  to  conform  its  policy.  In  this  way,  he 
commented  successively  upon  the  gloomy  state 
of  things  at  the  bank  (for  the  letter  is  dated  in 
the  bank),  and  the  troubles  which  were  to  out- 


grow their  control,  luiless  Congress  took  «i[„  i 
decided  step.    These  troubles,  Mr.  H.  said.r.Hili 
not  be  the  ilangers  to  the  bank  ;  fur  thv  l^si  I 
had  taken  entire  care  of  itself  in  the  tw(^a,li. 
twenty  orders  which  it  had  sent  out  to  ciiruii 
loans  and  break  up  exchanges.    Every  on*  ^ 
these  orders  announced  the  power  of  the  Lani 
and  the  determination  of  the  bank,  to  takec^i^i 
of  itself.   Troubles  outgrow  our  control !  M  laj 
insolence  !    When  the  bank  itself,  and  its  cA 
federates,  were  the  creators  and  fomenters  d  I 
all  these  troubles,  the  progress  of  which  it  iJ 
fectcd  to  deplore.    The  next  words—mwiH..  I 
of  great  interest,  exposed  to  sudden  chanjasijl 
pu>>'ic  affairs,  induce  the  bank  to  conf(jrni  iu| 
policy  to  them — Mr.  B.  said,  were  toolia?rjii!| 
and  too  barefaced  for  comment.     They  wtrtl 
equivalent  to  an  open  declaration  that  a  ixvolp.! 
tion  was  momently  expected,  in  which  Jaci.f 
son's  administration  would  be  overthrown,  tnill 
the  friends  of  tlic  bank  brought  into  puHfrJ 
and,  as  soon  as  that  happened,  the  bank  wouMI 
inform  its  branches  of  it ;  and  would  then  mA 
form  its  policy  to  this  revolution,  and  rilki(| 
the  country  from  the  distress  which  it  was  t 
inflicting  upon  it.    Sir,  said  Mr.  B.,  addre»sii(| 
the  Vice-President,  thirty  years  ago,  the  pro-l 
phetic  vision  of  Mr.  Jeflierson  foresaw  thiscrissJ 
thirty  years  ago,  he  said  that  this  bank  was  al 
enemy  to  our  form  of  government ;  that,  krJ 
ramification  and  power,  and  by  seizing  oni 
critical  moment  in  our  afiairs,  it  could  u[m| 
the  government !    And  this  is  what  it  wviiUl 
have  done  last  winter,  had  it  not  been  foro 
man !  one  man !  one  single  man !  with  vbd 
God  had  vouchsafed  to  favor  ourAmwiaii 
that  hour  of  her  greatest  trial.    That  one  i 
stood  a  sole  obstacle  to  the  dread  career  of  tl 
bank;  stood  for  six  months  as  the  ramp 
which  defended  the  country,  the  citadel  ui« 
which  the  bank  artillery  incessantly  thundeteil| 
And  what  was  the  conduct  of  the  Senate  aiiti 
time  ?   It  was  trying  and  condemnin<;  tlmtmul 
killing  him  oQ*  with  a  senatorial  cond«nmatioi| 
removing  the  obstacle  which  stood  lielwetn  l 
bank  and  its  prey ;  and,  in  so  doiii;:,  em\)li 
ing  the  indissoluble  connection  betWv^u  i 
movement  of  the  bank  in  distresFing  the  pmii 
try,  and  the  movement  of  the  Senate  in  cd 
detnning  the  President. 

Mr.  B.  said  that  certainly  no  more  prtKif»^ 
necessary,  on  this  head,  to  show  that  the  Mv 


ANNO  1S35.    ANDllKW  JACKSON,  rur^IDF.NT. 


545 


f  ibe  bank  were  political  and  rcTolutionary, 
BitiHlt*!  to  put  down  Oeneral  Jackson's  admin- 
HtntioD.  and  to  connwt  itself  with  the  Senate ; 
Lt  he  liad  more  proof,  that  of  a  publication 
indcr  the  editorial  head  of  the  National  Gazelle, 
lid  which  pnblioation  he  assumed  to  say,  wa« 
trittfii  by  the  president  of  the  bank.    It  was  a 
Lj  article  of  four  columns ;  but  he  would  only 
a  parap-aph.    lie  read :  "  The  great  con- 
st now  wnping  in  this  country  is  between  its 
institutions  and  the  violence  of  a  vulgar 
►jpntism.     The  government  is  turned  into  a 
neful  faction,  and  the  spirit  of  liberty  con- 
mds  against  it  throughout  the  country.    On 
i  one  hand  is  this  miserable  cabal,  with  all 
patronage  of  the  Executive ;  on  the  other 
ind.  the  yet  unbroken  mind  and  heart  of  the 
jitiT,  with  the  Senate  and  the  bank ; — [in 
lin"  these  words,  in  which  the  bank  a.ssoci- 
litdf  with  the  Senate,  Mr.  B.  repeated  the 
nous  expression  of  Cardinal  TVolsey,  in  as- 
liating  himself  with  the  king:  ^Ego  et  rex 
*,']— the  House  of  Representatives,  hither- 
jthe  tatuitive  champion  of  freedom,  shaken  by 
I  intrigues  of  the  kitchen,  hesitates  for  a  time, 
I  cannot  fail  before  long  to  break  its  own  fet- 
;  first,  and  then  those  of  the  country.    In 
,  quarrel,  wo  predict,  they  who  administer 
[bajilv  will  shrink  from  no  proper  share  which 
I  country  may  assign  to  them.    Personally, 
pi'st  be  as  indifferent  as  any  of  their  fellow- 
lens  to  the  recharter  of  the  bank.    But  they 
I  not  suffer  themselves,  nor  the  institution 
tasted  to  them,  to  be  the  instruments  of 
ate  wrong  and  public  outrage ;  nor  will  they 
t  iny  effort  to  rescue  the  institutions  of  the 
ktry  from  being  trodden  under  foot  by  a  fac- 
|cf  interlopers.    To  these  profligate  adven- 
,  whether  their  power  is  displayed  in  the 
utive  or  legislative  department,  the  directors 
ke  bank  will,  we  are  satisfied,  never  yield 
thousandth  part  of  an  inch  of  their  own 
pnal  rights,  or  their  own  official  duties ; 
^ill  continue  this  resistance  until  the  coun- 
roused  to  a  proper  sense  of  its  dangers  and 
Irongs,  shall  drive  the  usurpers  out  of  the 
]  places  they  dishonor."    This  letter,  said 
i,  discloses,  in  terms  which  admit  of  no 
n:\tion  or  denial,  the  design  of  the  bank  in 
Jn;;  the  pressure  which  was  got  np  anu  con- 
during  the  panic  session.     It  was  to 
I  the  people,  by  dint  of  suffering,  against 

[Vol.  I.— 35 


the  President  and  the  House  of  Representatives, 
and  to  overtiirn  them  l)(>th  at  the  ensuuig  elec- 
tions. T(»  do  this,  now  stands  reveale<l  as  ita 
avowed  object.  The  Senate  and  the  l)«nk  were 
to  stand  together  agr.inst  the  rresi<lent  end  the 
House ;  and  each  to  act  its  part  for  the  same 
common  object :  the  bank  to  scourge  the  people 
for  money,  and  charge  its  own  scourging  upon 
the  President ;  the  Senate  to  condemn  him  for 
a  violation  of  the  laws  and  constitution,  and 
to  brand  him  as  the  Caosar,  Cromwell,  Bona- 
parte— the  tyrant,  despot,  usurper,  whr;se  head 
would  be  cut  off  in  any  kingdom  of  EuroiH! 
for  such  acts  as  ho  practised  here.  Mr.  B. 
said,  the  contemplation  of  the  conduct  of  the 
bank,  during  the  panic  session,  was  revolting 
and  incredible.  It  combined  every  thing  to 
revolt  and  shock  the  moral  sense.  Oppression, 
falsehood,  calumny,  revolution,  the  ruin  of  in- 
dividuals, the  fabrication  of  false  pretences,  the 
machinations  for  overturning  the  government, 
the  imputation  of  its  own  crimes  upon  the  head 
of  the  President ;  the  enriching  its  favorites  with 
the  spoils  of  the  country,  insolence  to  the  House 
of  Representatives,  and  its  affected  guardianship 
of  the  liberties  of  the  people  and  the  fi-ce  insti- 
tutions of  the  country ;  such  were  the  promi- 
nent features  of  its  conduct.  The  parallel  of  its 
enormity  was  not  to  be  found  on  this  side  of 
Asia ;  an  example  of  such  remorseless  atrocity 
was  only  to  be  seen  in  the  conduct  of  the  Paul 
Benfields  and  the  Debi  Sings  who  ravaged  India 
under  the  name  of  the  Marquis  of  Hastings. 
Even  what  had  been  casually  and  inipcrfbctly 
brought  to  light,  disclosed  a  system  of  calcu- 
lated enormity  which  required  the  genius  of 
Burke  to  paint.  What  was  behind  wotdd  re- 
quire labors  of  a  committee,  constituttd  upon 
parliamentary  principles,  not  to  plaster,  but  to 
probe  the  wounds  and  ulcers  of  the  bank ;  and 
such  a  committee  he  should  hope  to  see,  not 
now,  but  hereafter,  not  in  the  vacation  but  in 
the  session  of  Congress.  For  he  had  no  idea  of 
these  peripatetic  and  recess  committees,  of  which 
the  panic  session  had  been  so  prolific.  He  want- 
ed a  committee,  unquestionable  in  the  legality 
of  its  own  appointment,  duly  qualified  in  a  par- 
liamentary sense  for  discovering  the  misconduct 
they  are  set  to  investigate;  and  sitting  under 
the  wing  of  the  authority  which  can  punish  the 
insolent,  compel  the  refractory,  and  enforce  the 
obedience  which  is  due  to  its  mandates. 


54G 


THIRTY  YEARS'  VIEW. 


(5,  The  (li«trt'«B  of  tlie  country  occasioned  by  with  more  rapidity,  and  to  a  far  prcnicr  cornrk 
the  Bank  of  the  Unite<l  States  and  the  Senate  rative  extent,  than  that  wliidi  has  alttnckij-v, 
of  the  United  States.— This,  Mr.  IJ.  paid,  might  i  late  reduction.  Yet,  what  wa.s  the  siutc  of  tl* 
Ijc  an  unpleasant  topic  to  disctisH  in  the  Senate ; !  country  7  Distre««ed,  to  be  sure,  but  no  jpaim 
but  this  Senate,  for  four  montlis  of  the  last  ses-    no  convulsion  in  the  community  ;  no  cry  of  rt. 


;i^ 


sion,  and  during  the  whole  debate  on  the  reso- 
lution to  condemn  the  President,  had  resounded 
with  the  cry  that  the  President  had  created  all 
the  distress;  and  the  hufjc  and  motley  mass, 
throughout  the  Union,  which  marched  under 
the  orijlawme  of  the  bank,  had  every  where  re- 
peated and  reiterated  the  same  cry.  If  there 
was  any  thing  unpleasant,  then,  in  the  discus- 
sion of  this  topic  in  this  place,  the  blame  must 
Ijc  laid  on  those  who,  by  using  that  argument  in 
support  of  their  resolution  against  the  Presi- 
dent, devolved  upon  the  defenders  of  the  Presi- 
dent the  necessity  of  refuting  it.  Mr.  B.  would 
have  recourse  to  facts  to  establish  his  position. 
The  first  fact  he  would  recur  to  was  the  history 
of  a  reduction  of  deposits,  made  once  before  in 
this  same  bank,  so  nearly  identical  in  every  par- 
ticular with  the  reduction  which  took  place 
imder  the  order  for  the  late  removal  of  deposits, 
that  it  would  require  exact  references  to  docu- 
mentary evidence  to  put  its  credibility  beyond  the 
incredulity  of  the  senses.  Not  only  the  amount 
from  which  the  reduction  was  made,  its  progress, 
and  ultimate  depression,  corresponded  so  closely 
as  each  to  seem  to  be  the  history  of  the  same 
transaction,  but  they  began  in  the  same  month, 
descended  in  the  same  ratio,  except  in  the  in- 
stances which  operate  to  the  disadvantage  of  the 
late  reduction,  and,  at  the  end  of  fifteen  months, 
had  reached  the  same  point.  Mr.  B.  spoke  of 
the  reduction  of  deposits  which  took  place  in 
the  years  1818  and  1819 ;  and  would  exhibit  a 
table  to  compare  it  with  the  reductions  under 
the  late  order  for  the  removal  of  the  deposits. 

Here,  said  Mr.  B.,  is  a  similar  and  parallel  re- 
duction of  deposits  in  this  same  bank,  and  that 
*t  a  period  of  real  pecuniary  distress  to  itself; 
a  period  when  great  frauds  were  discovered  m 
its  management ;  when  a  committee  examined 
't,  and  reported  it  guilty  of  violating  its  char- 
ter} when  its  stock  fell  in  a  few  weets  from 
one  hundred  and  eighty  to  ninety ;  when  pro- 
positions to  repeal  its  charter,  without  the  for- 
mality o{  a,  scire  facias,  were  discussed  in  Con- 
press.;  when  nearly  all  presses,  and  nearly  all 
voices,  condemned  it;  and  when  a  real  necessity 
oon:^JsUed  it  to  reduce  its  discounts  and  loans 


volution.  And  why  this  dillennci'  ?  If  u,,, 
reduction  of  deposits  was  to  be  attcnilid  «iij 
these  effects  at  one  time,  why  not  nt  tho  oiWr 
Sir,  said  Mr.  B.,  addressing  the  Vi(t-l'rf,i,]ft. 
the  reason  is  plain  and  obvious.  The  ),,ink  wjs 
unconnected  with  pttlitics,  in  1819 ;  it  lad 
desire,  at  that  time,  to  govern  the  ckclion 
to  overturn  an  administration  ;  it  had  no  w 
cal  confederates ;  it  had  no  president  nf  the  Ijni 
then  to  make  war  upon  the  President  of  i!< 
United  States,  and  to  stimulate  and  aid  a  gni! 
political  party  in  crushing  tho  President  vri^j 
would  not  sign  a  new  charter,  and  in  cnishiiu 
the  Ilouse  of  Representatives  which  stood  I 
him.  There  was  no  resolution  then  to  a 
demn  the  President  for  a  violation  of  tlie  In 
and  tho  constitution.  And  it  was  tliij  k 
resolution,  which  we  now  propose  to  c.\iiii;:.j 
which  did  the  principal  part  of  the  niinin 
That  resolution  was  the  root  of  the  tiil| 
the  signal  for  panic  meetings,  panic  ma 
rials,  panic  deputations,  panic  speeches, 
panic  jubilees.  That  resolution,  exhibited 
the  Senate  chamber,  was  tho  scarlet  mantk 
the  consul,  hung  out  from  his  teut ;  it  was 
signal  for  battle.  That  resolution,  and  the 
speeches  which  attended  it,  was  the  tocsin  vtl 
started  a  continent  from  its  repose.  And 
condemnation  wh'"'  "'^illowed  it,  and  whic'nl 
this  chamber  ju  time  to  reach  the  S 

York,  Virginia,  a.  ■.    onnecticut  election?, 
pletcd  the  eflcct  ujvjn  the  public  mind,  and 
the  politics  and  commerce  of  the  country, 
the    netaures  of  the  bank  had  been  ci 
atiiig  for  three  months  to  produce.   And 
he  must  express  his  especial  and  eternal  wi 
how  all  these  movements  of  bank  and  S 
co-operating  together,  if  not  by  arranp 
least  by  a  most  miraculous  system  of  aock 
to  endanger  the  political  rights,  and  to  injml 
pecuniary  interests  of  the  people  of  the  Ui 
States,  could  so  far  escape  the  obsemlidj 
the  investigating  committee  of  the  S(iu^| 
not  to  draw  from  them  the  expression  cl 
solitary  opinion,  the  suggestion  of  one 
idea,  the  application  of  one  single  rci 
the  prejudice  of  the  bank.    Surely  tbej 


AXXO  1835.    AXDUEW  JACKSON.  I'lUi^IDKNT. 


547 


have  toiirheil  these  sconcM  with  somcfhinp 
n^rc  than  a  few  mcaprc,  stintod,  and  starve<l 
I  iifj  of  faint  allusion  to  tiie  "  now  measures  un- 
^rstood  to  bo  in  contemplation ; "  tlioae  new 
mtaKurcH  which  wem  so  falsely,  so  wickedly 
fihric«t?(l  to  cover  the  preconcerted  and  pre- 
mcdiutcd  plot  to  upset  the  povemmcnt  by  stim- 
iilitinR  the  people  to  revolution,  through  the 
combined  operations  of  the  pecuniary  pressure 
ami  |K)lilifid  alarms. 

The  table  itself  was  entitled  to  the  gravest 

I  recollection,  not  only  for  the  comparison  which 

it  fU'TWi'ted.  but  the  fact  of  showing  the  actual 

proprcfs  and  history  of  the  ren.oval  of  the  de- 

1  pn?its.  and  blasting  the  whole  story  of  the  Prc- 

hidcnt's  hostility  to  the  bank.    From  this  table 

lit  is  seen  that  the  deposits,  in  point  of  fact,  have 

InoTerbcen  all  taken  from  the  bank;  that  the 

Ircraoval,  so  far  as  it  went,  was  gradual  and  gen- 

jtle;  thstan  average  of  three  millions  has  always 

hfntn  there ;  that  nearly  four  millions  was  there 

Ion  the  1st  day  of  January  last ;  and  before  these 

|fict».  the  fabricated  story  of  the  President's 

hostility  to  the  bank,  his  vindictiveness,  and 

riolent  determination  to  prostrate,  destroy,  and 

riin  the  institution,  must  fall  back  upon  its  au- 

jlhors,  and  recoil  upon  the  heads  of  the  inven- 

inis  and  propagators  of  such  a  groundless  im- 

tntation. 

Mr.  B.  could  give  another  fact  to  prove  that 

t  was  the  Senate  and  the  bank,  and  the  Sent  e 

nore  than  the  bank,  which  produced  the  dis- 

*53  during  the  last  winter.    It  was  this  :  that 

ilthough  the  curtailments  of  the  bank  were 

Buch  larger  both  before  and  after  the  session 

Congress,  yet  there  was  no  distress  in  the 

|ountry,  except  during  the  session,  and  while 

he  alarm  speeches  were  in  a  course  of  delivery 

1  this  floor.    Thus,  the  curtailment  from  the 

bt  of  August  to  the  1st  of  October,  was  $4,- 

IBGOOO ;  from  the  1st  of  October  to  the  meet- 

r  of  Congress  in  December,  the  curtailment 

ss  85,641,000— making   $9,707,000  in  four 

ionths,and  no  distress  in  the  country.   During 

session  of  Congress  (seven  months)  there 

a  curtailment  of  j$3,428,138 ;  and  during 

lis  time  the  distress  raged.    From  the  rise  of 

WresB  (last  of  June)  to  the  1st  of  November, 

leriod  of  four  months,  the  curtailment  was 

|.2"0,771,  and  the  word  distress  was  not  heard 

[the country.    Why?  Because  there  were  no 

nic speeches.    Congress  had  adjourned;  and 


the  brnk,  lieing  loft  to  it»  own  rcsourres,  could 
only  iiyurc  iiidividiialH,  but  otiuiil  not  alarm 
and  convul.-<e  the  community. 

Mr.  H.  would  lini-*h  tlii.s  view  of  the  conduct 
of  the  bank  in  creating  a  wanton  pressure,  by 
giving  two  instances;  one  wa.s  t lie  ease  of  the 
dcpobit  bank  in  this  city ;  the  other  was  tlw 
case  of  a  senator  opposed  to  the  bank.  He  said 
that  the  braneii  bank  at  this  place  had  made  a 
steady  run  upon  the  Metropolis  Hank  from  the 
lioginning  to  the  ending  of  the  i)anic  Kcssion. 
The  amount  of  specie  which  it  had  taken  wa.s 
!8t)0.'),00() :  evidently  for  the  piiri^sc  of  blowiii'.; 
up  the  pet  bank  in  this  district ;  and  during 
all  that  time  the  branch  refused  to  receive  il;o 
notes,  or  branch  drafts,  of  any  other  branch, 
or  the  notes  of  the  mother  bank;  or  checks 
upon  any  city  north  of  Baltimore.  On  the  pet 
bank  in  Baltimore  it  would  take  checks,  be- 
cause the  design  was  to  blow  up  that  also.  Here, 
said  Mr.  B.,  was  a  clear  and  flagrant  case  of 
pressure  for  specie  for  the  mere  purpose  of  mis- 
chief, and  of  adding  the  Metropolis  Bank  to  the 
list  of  those  who  stopped  payment  at  that  time. 
And  hero  Mr.  B.  felt  himself  bound  to  jiay  his 
respects  to  the  Committee  on  Finance,  that  went 
to  examine  the  bank  last  summer.  That  com- 
mittee, at  pages  IG  and  22,  of  their  report, 
brought  forward  an  unfounded  charge  against 
the  administration  for  making  nms  upon  the 
branches  of  the  United  States  Bank,  to  break 
them ;  while  it  had  been  silent  with  respect  to 
a  well-founded  instance  of  the  same  nature  from 
the  Bank  ef  the  United  States  towards  the  de- 
posit bank  in  this  district.  Their  language  is : 
"  Thc!  administrative  department  of  the  govern- 
ment had  manifested  a  spirit  of  decided  hostility 
to  the  bank.  It  had  no  reason  to  expect  any 
indulgence  or  clemency  at  its  hands ;  and  in 
this  opinion,  if  entertained  by  the  director", 
about  which  there  can  be  but  little  question, 
subsequent  events  very  soon  proved  they  were 
not  mistaken.  The  President's  address  to  his 
cabinet ;  the  tone  assumed  by  the  Secretary 
(Mr.  Taney)  in  his  official  communication  to 
CongrcES,  and  the  developments  subsequently 
made  by  Mr.  Duane  in  his  address  to  the  pub- 
lic, all  conilrm  the  correctness  of  this  anticipa- 
tion. The  measure  which  the  bank  had  cause 
to  fear  vris  the  accumulation  by  government 
of  largo  masses  of  notes,  and  the  existence  there- 
by of  heavy  demands  against  its  offices  (p.  16). 


M 


548 


THIRTY  YEARS'  VIEW. 


''  In  persevering  in  its  policy  of  re<lc«njing  its 
notcn  whenever  pre«;nted,  and  tlicreby  con- 
tinning  tliein  UH  a  universal  medium  of  exchange, 
in  opiKisition  to  couiplaintn  on  that  head  from 
some  of  the  branches  (sec  copies  of  correspond- 
ence), the  security  of  the  institution  and  the 
good  of  the  country  were  alike  promoted.  The 
accumulation  of  the  notes  of  any  one  branch  for 
the  purfjose  of  a  run  upon  it  by  any  agent  of 
the  government,  when  specie  might  be  obtained 
at  tlie  very  places  of  collection,  in  exchange  for 
the  notes  of  the  most  distant  branches,  would 
have  been  odious  in  the  eyes  of  the  public,  and 
ascribed  to  no  other  feeling  than  a  feeling  of 
vinJictiveness  "  (p.  22).  Upon  these  extracts, 
Mr.  B.  said,  it  was  clear  that  the  committee  liad 
been  HO  unfortunate  as  to  commit  a  series  of 
mistakes,  and  every  jnistake  to  the  advantage 
of  the  bank,  and  to  the  prejudice  of  the  govern- 
ment and  the  country.  First,  the  government 
is  charged,  for  the  charge  is  clear,  though  slightly 
veiled,  that  the  President  of  the  United  States 
in  his  vindictiveness  against  the  bank,  would 
cause  the  notes  of  the  branches  to  be  accumu- 
lated, and  pressed  upon  them  to  break  them. 
Next,  the  committee  omit  to  notice  the  very 
thing  actually  done,  in  our  very  presence  here, 
by  the  Bank  of  the  United  States  against  a  de- 
posit bank,  which  it  charges  without  foun- 
dation upon  the  President.  Then  it  credits  the 
bank  with  the  honor  of  paying  its  notes  every 
where,  and  exchanging  the  notes  of  the  most  dis- 
tant branches  for  specie,  w^hcn  the  case  of  the 
Metropolis  Bank,  here  in  our  presence,  for  the 
whole  period  of  the  panic  session,  proves  the 
contraiy;  and  when  we  have  a  printed  docu- 
ment, positive  testimony  from  many  banks,  and 
brokers,  testifying  that  the  branches  in  Balti- 
more and  New- York,  during  the  fall  of  1833, 
positively  refused  to  redeem  the  notes  of  other 
branches,  or  to  accept  them  in  exchange  for  the 
notes  of  the  local  banks,  though  taken  in  pay- 
ment of  revenue ;  and  that,  in  consequence,  the 
notes  of  distant  branches  fell  below  par,  and 
were  sold  at  a  discount,  or  lent  for  short  periods 
without  interest,  on  condition  of  getting  specie 
for  them ;  and  that  this  continued  till  Mr.  Taney 
coerced  the  bank,  by  means  of  transfer  drafts 
to  cause  the  notes  of  her  branches  to  be  re- 
ceived and  honored  at  other  branches  as  usual. 
In  all  this,  Mr.  B.  said,  the  report  of  the  com- 
mittee was  most  unfortunate ;  and  showed  the 


necessity  for  a  new  committee  to  examine  t^a 
I  institution ;  a  committee  constituted  u|x>o  ur- 
j  liamentary  principles — a  majority  in  favor  of  jn. 
J  quiry — like  that  of  the  Post  Office.    The  cru. 
tion  of  such  a  committee,  Mr.  B.  said,  wu  th^ 
I  more  necessary,  as  one  of  the  main  guards  jj, 
tended  by  the  charter  to  be  placed  over  tU 
bank  was  not  there  during  the  period  of  tW 
pressure  and  panic  operations ;  he  allude<l  to  the 
government  directors  ;  the  history  of  who«e  re- 
jection, after  such  long  delays  in  the  Senate  to 
act  on  their  nomination,  is  known  to  the  whole 
country. 

The  next  instance  of  wanton  pressure  whjrh 
Mr.  B.  would  mention,  was  the  case  of  an  ic. 
dividual,  then  a  member  of  the  Senate  fron 
Pennsylvania,  now  minister  to  St.  Petersbur' 
(Mr.  Wilkins).  That  gentleman  had  infurniol 
him  (Mr.  B.),  towards  the  close  of  the  last 
session,  that  the  bank  had  caused  a  scire  fucini 
to  be  served  in  his  house,  to  the  alarm  and  div 
tress  of  his  wife,  to  revive  a  judgment  against  j 
him,  whilst  he  was  here  opposing  the  bank. 

[Mr.  Ewing,  of  Ohio,  here  rose,  and  wished  to 
know  of  Mr.  B.  whether  it  was  the  Bank  of  the 
United  States  that  had  issued  this  scire  fam 
against  Mr.  Wilkins.] 

Mr.  B.  was  very  certain  that  it  was.    He  n>  j 
collected  not  only  the  information,  but  the  time  I 
and  the  place  when  and  where  it  was  glren: 
it  was  the  last  days  of  the  last  session,  and  st  I 
the  window  beyond  that  door  (pointinj;  to  the 
door  in  the  comer  behind  him) ;  and  he  added 
if  there  is  any  question  to  be  raised,  it  can  tie 
settled  without  sending  to  Russia ;  the  tcin  \ 
facias,  if  issued,  will  be  on  record  in  Pittsbuij.  I 
Mr.  B.  then  said,  the  cause  of  this  conduct  to 
Mr.  Wilkins  can  be  understood  when  it  is  re- 1 
collected  that  he  bad  denied  on  this  floor  tbe  I 
existence  of  the  great  distress  which  had  been 
depicted  at  Pittsburg ;  and  the  necessity  tbit  I 
the  bank  was  under  to  push  him  at  that  tine  I 
can  be  appreciated  by  seeing  that  two  and  Sfljl 
members  of  Congress,  as  reported  by  the  Fi- 1 
nance  Committee,  had  received  "accommodt-l 
tions"  from  the  bank  and  its  branches  in  tiKJ 
same  year  that  a  senator,  and  a  citizen  of  Pem-I 
sylvania,  opposed  to  the  bank,  was  thus  pi»| 
cceded  against.*  ,,..  • 

*  At  pages  87  and  8S  of  tliA  report,  the  Finance  ComnltMl 
fully  acquits  the  bank  of  all  Injurions  dlMrimlDitloiiibetMl 
borrowen  Md  appllcauts,  of  dUTetMit  politlca. 


ANNO  1835.     ANDREW  JACKSON,  rUllsiDKNT. 


lommittce  to  examine  tU 
ittee  conBtitutcil  «i|)on  j«r. 
i — a  majority  in  favor  of  in- 
Ihe  Post  OfBcc.    The  cm. 
littcc,  Mr.  B.  said,  wm  tin 
ono  of  the  main  piards  ii 
•ter  to  be  placed  over  tU 
8  during  the  period  of  tli« 
perations ;  he  alludtil  to  thi 
•8 ;  the  history  of  whose  re- 
ong  delays  in  the  Senate  to 
ktion,  is  known  to  the  whcic 

«  of  wanton  pressure  whirh 
tion,  was  the  case  of  an  it- 
nember  of  the   Senate  fron 
minister  to  St.  Petersbun: 
'hat  gentleman  had  M>tm\ 
wards  the  close  of  the  last 
ank  had  caused  a  scire  fum 
i  house,  to  the  alarm  and  di- 
to  revive  a  judgment  againn 
«  here  opposing  the  bauli. 
Ohio,  here  rose,  and  wished  to 
■hether  it  was  the  Bank  of  the 
It  had  issued  this  scire  Jam 

ins.] 

y  certain  that  it  was.    He  re- 
y  the  information,  but  the  time 
hen  and  where  it  was  givra; 
ays  of  the  last  session,  and  >t 
md  that  door  (pointinj;  to  tk 
;t  behind  him) ;  and  he  addrf, 
uestion  to  be  raised,  it  can  Dt 
sending  to  Russia;  the  «cire 
will  be  on  record  in  Pittabui;. 
I  the  cause  of  this  conduct  to  I 
i'  be  understood  when  it  is  n- 
e  bad  denied  on  this  floor  th( 
great  distress  which  had  beet 
_iburg;  and  the  necessity  thit 
mder  to  push  him  at  that  tim 
ted  by  seeing  that  two  and  fifty 
ongre88,as  reported  by  the  Fi- 
tee,  had  received  "accommodi- 
,bank  and  its  branches  in  tbj 
ft  senator,  and  a  citizen  of  Pel* 
led  to  the  bank,  was  thus  pr» 

has  of  th.  report,  the  Finance  Conrf. 
„kof»nin3artons  discrimlMlloMbrtf- 
leant*,  of  dlff«feiitpoim«.  I 


54'j 


Mr,  B.  rettimcd  to  the  resolution  which  it 
*«  proposed  to  expunge.     He  faid  it  ougiit  to 
„,.    It  was  the  root  of  the  evil,  the  father  of 
the  iniMhief,  the  source  of  the  injury,  the  box 
,,f  PiLidora,  which  liad  filled  the  land  with  ca- 
Itmity  and  consternation  fur  nxx  long  months. 
It  vu  that  resolution,  fur  more  than  the  con- 
,|,;(.t  of  the  bank,  which  raised  the  panic,  simk 
,!,„  price  of  property,  crushed  many  merchants, 
impressed  the  country  with  the  tciTor  of  nn 
impending  revolution,  and  frightened  so  many 
pfKid  people  out  of  the  rational  exorcige  of  their 
elective  franchise  at  the  spring  elections.    All 
these  evils  have  now  passed  away.     The  panic 
has  subsided ;  the  price  of  produce  and  property 
has  recovered  from  its  depression,  and  risen  be- 
yond its  former  bounds.    The  country  is  tran- 
quil, prosperous,  and  happy.    The  States  which 
had  been  frightened  from  their  propriety  at 
tlic  spring  elections,  have  regained  their  self- 
command.    Now,  with  the  total  vanishing  of  its 
tlRcts,  let  the  cause  vanish  also.    Let  this  re- 
solution for  the  condemnation  of  President  Jack- 
son be  expunged  from  the  journals  of  the  Sen- 
I  ate!   Let  it  be  effaced,  erased,  blotted  out,  ob- 
literated from  the  face  of  that  page  on  which  it 
shmdd  never  have  been  written !  Would  to  God 
I  it  coi'Jd  be  expunged  from  the  page  of  all  his- 
ttiirr,  and  from  the  memory  of  all  mankind. 
I  Would  that,  so  far  as  it  is  concerned,  the  minds 
jof  the  whole  existing  generation  should  be 
[dipped  in  the  fabulous  and  oblivious  waters  of 
[the  river  Lethe.     But  these  wishes  are  vain. 
■The  resolution  must  survive  and  live.    History 
(will  record  it ;  memory  will  retain  it ;  tradition 
irill  hand  it  down.    In  the  very  act  of  expurga- 
Uon  it  lives ;  for  what  is  taken  from  ono  page 
i  placed  on  another.  All  atonement  for  the  un- 
brtunate  calamitous  act  of  the  Scnat ;  is  imper- 
and  inadequate.     Expunge,  if  we  can,  still 
he  only  effect  will  be  to  express  our  solemn 
onvlctious,  by  that  obliteration,  that  such  a  re- 
olution  ought  never  to  have  soiled  the  pages  of 
ur journal.    This  is  all  that  wo  can  do;  and 
bis  much  wc  are  bound  to  do,  by  every  obliga- 
^OQ  of  justice  to  the  President,  whose  name  has 
«n  attainted ;  by  every  consideration  of  duty 
)i.\a  country,  whose  voice  demands  this  repara- 
on;  bj  mr  regard  to  the  constitution,  which 
I  been  rampled  under  foot ;  by  respect  to  the 
louse  ol  Repiesentatives,  whoso  function  has 
Wn  usurped ;  by  self-respect,  which  requires 


the  Senate  to  vindirato  its  judtiw,  to  rnrrcot  it* 
erri)rs,  and  re-t'stahiish  its  high  nnnu-for  e<itiity, 
dignity,  and  moderation.  To  err  is  human;  nut 
to  err  is  divine ;  to  cornrt  error  is  tin-  work  "f 
Nii|icreniinent  and  also  siijitrhiiman  moml  cx- 
Cfllence,  and  this  exalteil  work  now  remains  f'-r 
the  Senate  to  jHTforni. 


CHAPTER    CXXIV, 

KXITSGINQ  KESOLUTION:   URIKCTEP,  .\M) 
KEXEWKI). 

The  siKKJch  which  had  been  delivered  by  Mr 
Benton,  wa.s  intended  for  effect  ujwn  ti.e 
country — to  influence  the  forthcoming  elections 
— and  not  with  any  view  to  act  upon  the  Seiiati^, 
still  consisting  of  the  same  members  who  had 
passed  the  condemnatory  resolution,  and  not 
expected  to  condemn  their  own  act.  The  ex- 
punging resolution  was  laid  upon  the  table, 
without  any  intention  to  move  it  again  during 
the  present  session ;  but,  on  the  last  day  of  lliu 
session,  when  the  Senate  was  crowded  witli 
business,  and  when  there  was  hardly  time  to 
finish  up  the  indispensable  legislation,  the  inotiuit 
was  called  up,  and  by  one  of  its  opponents — 
Mr.  Clayton,  of  Delaware — the  author  of  the 
motion  being  under  the  necessity  to  vote  for  the 
taking  up,  though  expecting  no  good  from  it. 
The  moment  it  was  taken  up,  Mr.  White,  of 
Tennessee,  moved  to  strike  out  the  word  '•  ex- 
punge," and  insert  "  rescind,  reverse,  and  make 
null  and  void."  This  motion  astonished  Mr. 
Benton.  Jlr.  White,  besides  opposing  all  tho 
proceedings  against  President  Jackson,  had  Ix'en 
his  personal  and  political  friend  from  early 
j'outh— for  the  more  than  forty  years  which 
each  of  them  hod  resided  in  Tcnnesste.  He 
expected  his  aid,  and  felt  the  danger  of  such  a 
defection.  Mr.  Benton  defended  his  word  as 
being  strictly  parliamentary,  and  the  only  one 
which  was  proper  to  be  used  when  an  unautho- 
rized act  is  to  be  condemned — all  other  phrases 
admitting  the  legality  of  the  act  which  is  to  bo 
invalidated.  Mr.  White  justified  his  motion  on 
the  groimd  that  an  expurgation  of  the  journal 
would  be  its  obliteration,  which  he  deemed  in- 
consistent with  the  constitutional  injunction  to 
"keep"  a  journal — the  word  "keep"    being 


ANNO  1835.     ANDKKW  JACKSON,  nUCSIUKNT. 


54^ 


jlr.  B.  returned  to  the  rcBolulion  which  it 
»«  proposed  to  cxpunj^'.     lie  Kaid  it  ouf;ht  to 
^,,    It  was  the  root  of  tlie  evil,  the  fiither  of 
ihf  miftchitf,  the  source  of  the  injury,  the  box 
,,f  Pandora,  which  had  filletl  the  land  with  cn- 
|»mity  and  consternation  for  six  long  months. 
It  \raa  that  resolution,  far  more  than  the  con- 
,l^ct  of  the  bank,  which  rai.sed  the  panic,  sunk 
th"  price  of  property,  crushed  many  merchants, 
impressed  the  country  with  the  teiTor  of  nn 
impending  revolution,  and  frightened  so  many 
pirtd  people  out  of  the  rational  exercise  of  their 
(Itctive  franchise  at  the  spring  elections.    All 
ihesc  evils  have  now  passed  away.     The  panic 
his  subsided ;  the  price  of  produce  and  property 
his  recovered  from  its  depression,  and  risen  be- 
voml  its  former  bounds.    The  country  is  tran- 
quil, prospcrou.s,  and  happy.    The  States  which 
had  been  frightened  from  their  propriety  at 
tlic  spring  elections,  have  regained  their  self- 
command.    Now,  with  the  total  vanishing  of  its 
I  ciTicts,  let  the  cause  vanish  also.    Let  this  re- 
1  >oiution  for  the  condemnation  of  President  Jack- 
son be  expunged  from  the  journals  of  the  Sen- 
ate!  Let  it  be  effaced,  erased,  blotted  out,  ob- 
literated from  the  face  of  that  page  on  which  it 
should  never  have  been  written !  Would  to  God 
it  coidd  be  expunged  from  the  page  of  all  his- 
jtory,  and  from  the  memory  of  all  mankind. 
■Would  that,  so  far  as  it  is  concerned,  the  minds 
jof  the  whole  existing  generation  should  be 
[dipped  in  the  fabulous  and  oblivious  waters  of 
Ithe  river  Lethe.     But  these  wishes  are  vain. 
■The  resolution  must  survive  and  live.    History 
|Till  teoord  it ;  memory  will  retain  it ;  tradition 
irill  hand  it  down.    In  the  very  act  of  expurga- 
|tion  it  lives ;  for  what  is  taken  from  one  page 
i  placed  on  another.  All  atonement  for  the  un- 
Ibrtunate  calamitous  act  of  the  Senat  i  is  imper- 
and  inadequate.     Expunge,  if  wo  can,  still 
he  only  effect  will  be  to  express  our  solemn 
nnvictious,  by  that  obliteration,  that  such  a  re- 
nlution  ought  never  to  have  soiled  the  pages  of 
or  journal.    This  is  all  that  wo  can  do ;  and 
his  much  we  are  bound  to  do,  by  every  obliga- 
^oa  of  justice  to  the  President,  whose  name  has 
KB  attainted ;  by  every  consideration  of  duty 
» the  country,  whose  voice  demands  this  repara- 
on;  bj  mr  regard  to  the  constitution,  which 
i  been  rampled  under  foot ;  by  respect  to  the 
louse  ol  Repiesentatives,  whoso  function  has 
pen  usurped ;  by  self-respect,  which  requires 


the  Senate  to  vindirat<'  its  junticr,  to  rorrcot  it>j 
errors,  and  rv-t'stahlish  its  high  nnnu-for  t'unity, 
dignity,  and  moderation.  To  i-rr  is  Iniiiian  ;  not 
to  err  i.s  divino;  to  cornrt  error  is  the  wf)rk  "f 
sujieremincnt  and  also  sii[ierhuman  nionil  ex- 
cellence, and  this  exulted  work  now  remains  fur 
the  Senate  to  perform. 


CHAPTER    CXXIV. 

r.XITNOINO  r.ESOUTTIilN :   UWKCTEP,  AND 
KENEWKI). 


The  speech  which  had  been  delivered  by  Mr 
Benton,  was  intended  for  effect  ui)on  tl.e 
country — to  influence  the  forthcoming  election-, 
— and  not  with  any  view  to  act  upon  the  Senato, 
still  consisting  of  the  same  members  who  had 
passed  the  condemnatory  resolution,  and  nut 
expected  to  condemn  their  own  act.  The  ex- 
punging resolution  was  laid  upon  the  table, 
without  any  intention  to  move  it  again  during 
the  present  session ;  but,  on  the  last  day  of  the 
session,  when  the  Senate  was  crowded  with 
business,  and  when  there  was  hardly  time  to 
finish  up  the  indispensable  legislation,  the  motion 
was  called  up,  and  by  one  of  its  opponents — 
Mr.  Clayton,  of  Delaware — the  author  of  tlio 
motion  being  under  the  necessity  to  vote  for  the 
taking  up,  though  expecting  no  good  from  it. 
The  moment  it  was  taken  up,  Mr.  White,  of 
Tennessee,  moved  to  strike  out  the  word  '•  ex- 
punge," and  insert  "  rescind,  reverse,  and  make 
null  and  void."  This  motion  astonished  Mr. 
Benton.  Mr.  White,  besides  opposing  all  the 
proceedings  against  President  Jackson,  had  been 
his  personal  and  political  friend  from  early 
j'outh — for  the  more  than  forty  years  which 
each  of  them  had  resided  in  Tennessee.  He 
expected  his  aid,  and  felt  the  danger  of  such  a 
defection.  Mr.  Benton  defended  his  word  as 
being  strictly  parliamentary,  and  the  only  one 
which  was  proper  to  be  used  when  an  unautho- 
rized Oct  is  to  be  condemned — all  other  phrases 
admitting  the  legality  of  the  act  which  is  to  bo 
invalidated.  Mr.  White  justified  his  motion  on 
the  groimd  that  an  expurgation  of  the  journal 
would  be  its  obliteration,  which  he  deemed  in- 
consistent with  the  constitutional  injunction  to 
"keep"  a  journal— the  word  "keep"    being 


550 


THIRTY  YEAUS'  VIKW. 


*. 

V 


taken  in  iltt  primary  iicnse  of  ''  liulding,"  "  pru- 
fiervimr,"  instead  of  "  writing,"  a  journal :  but 
the  niuver  of  the  resolution  Hoon  baw  that  Mr. 
White  was  not  the  only  one  of  hia  friends  wlio 
liud  yielded  at  that  point — that  others  had  given 
way — and,  caniu  about  him  importuning  him  to 
give  up  tiio  obnoxious  word.  Seeing  himself 
ulmoAt  deserted,  he  yielded  a  mortifying  and  re- 
luctant aiisent;  and  voted  with  others  of  his 
friends  to  cmuticulutc  his  own  motion — to  re- 
duce it  from  its  high  tone  of  reprobation,  to  the 
legal  formula  which  applied  to  the  reversal  of  a 
mere  error  in  a  legal  proceeding.  The  moment 
the  vote  was  taken,  Mr.  Webster  rose  and  ex- 
ulted in  the  victory  over  the  hated  phrase.  He 
proclaimed  the  accomplishment  of  every  thing 
tliat  he  desired  in  relation  to  the  expunging  re- 
solution: the  word  was  itself  expunged ;  aulhe 
went  on  to  triumph  in  the  victory  which  had 
been  achieved,  saying : 

"  That  which  made  this  resolution,  which  we 
have  now  amended,  particularly  oileusivc,  was 
this :  it  proposed  to  expunge  our  journal.  It 
called  on  us  to  violate,  to  obliterate,  to  erase, 
our  own  records.  It  was  calculated  to  fix  a 
particular  stigma,  a  peculiar  mark  of  reproach 
or  disgrace,  on  the  resolution  of  March  lost.  It 
was  designwl  to  distinguish  it,  and  reprobate  it, 
iu  some  especial  manner.  Now,  sir,  all  this  most 
happily,  is  completely  defeated  by  the  almost 
unanimous  vote  of  the  Senate  which  has  just 
now  been  taken.  The  Senate  has  declared,  in 
the  most  emphatic  manner,  that  its  journal 
shall  not  be  tampered  with.  I  rijoice  most 
heartily,  sir,  in  this  descisivc  result.  It  is  now 
settled,  by  authority  not  likely  to  be  shaken, 
that  our  records  are  sacred.  Men  may  change, 
opinions  may  change,  power  may  change,  but, 
thanks  to  the  firmness  of  the  Senate,  the  re- 
cords of  this  body  do  not  change.  No  instruc- 
tions from  without,  no  dictates  from  principali- 
ties or  powers,  nothing — nothing  can  be  allo'ved 
to  induce  the  Senate  to  falsify  its  own  records, 
to  disgrace  its  own  proceedings,  or  violate  the 
rights  of  its  members.  For  one,  sir,  I  feci  that 
we  have  fully  and  completely  accomplished  all 
that  could  be  desired  in  relation  to  this  matter. 
The  attempt  to  induce  the  Senate  to  expunge 
its  journal  has  failed,  signally  and  eflectUally 
failed.  The  record  remains,  neither  bluri'ed, 
blotted,  nor  disgraced." 

And  then,  to  secure  the  victory  which  he  had 
gained,  Mr.  Webster  immediately  moved  to  lay 
the  amended  resolution  on  the  table,  with  the 
peremptory  declaration  that  he  would  not  with- 
draw his  motion  for  friend  or  foe.  The  resolve 
was  laid  upon  the  table  by  a  vote  of  27  to  20. 


The  exulting  speech  of  Mr.  Webster  resiureil  i,i, 
to  my  courage — made  a  man  of  mo  again ;  ai„i 
the  imomnnt  the  vote  was  over,  I  rose  and  twl 
mittcd  the  original  resolution  over  again  with 
the  detested  word  iu  it — to  stand  for  tlte  scconl 
week  of  the  next  session — with  the  iienniptorv 
declaration  that  1  would  never  yield  it  again  tj 
the  solicitations  of  friend  or  foe. 


C  11  APT  Ell    CXXV. 

BKANOII  MISTS  AT  NEW  OULEANS,  AND  IN  TIIS 
GULU  KKUIONS  OF  OEOliOlA  AND  NOUTU  ui; 
OUNA. 

The  bill  had  been  reported  upon  the  proposi. 
tiou  of  Mr.  Waggaman,  senator  from  Louisian*. 
and  was  earnestly  and  perseveringly  oppose,] 
by  Mr.  Clay.     He  moved  its  indefinite  post- 
ponement,  and  contended  that  the  mint  at  Wi- 
adelphia  was  fully  competent  to  do  all  the  coin- 1 
age  which  the  country  require  >1.     IIo  denied  I 
the  correctness  of  the  argument,  that  the  mint 
at  New  Orleans  was  necessary  to  prevent  tke  I 
transportation  of  the  bullion  to  Philadelphii. 
It  would  find  its  way  to  the  great  commcrdil  I 
marts  of  the  country  whether  coined  or  not  I 
He  considered  it  unwise  and  injudicious  to  i»[ 
tablish  these  branches.    He  supposed  it  wouU  | 
gratify  the  pride  of  the  States  of  North  CarJi. 
na  and  Georgia  to  have  them  there ;  but  a  hen  I 
the  objections  to  the  measure  were  so  strong  I 
he  could  not  consent  to  yield  his  opposition  i«j 
it.    He  moved  the  indefinite  postponement  cfl 
the  bill,  and  asked  the  yeas  and  nays  on  liiil 
motion  ;   which  were  ordered.— Mr.  Manjml 
regretted  the  opposition  of  the  senator  fral 
Kentucky  (Mr.  Clay),  and  thought  it  necessarl 
to  multiply  the  number  of  American  coins,  ujl 
bring  the  mints  to  the  places  of  producti«l 
There  was  an  actual  loss  of  near  four  perceul 
in  transporting  the  gold  bullion  from  the  Qt»\ 
gia  and  North  Carolina  mines  to  Philadelpl 
for  coinage.     With  respect  to  gratifying  li»| 
pride  of  the  Southern  States,  it  was  a  mistwl 
ception ;  for  those  States  had  no  pri  le  to^ 
fy.    He  saw  no  evil  in  the  multi   icationo 
these  mints.    It  was  well  shown  ],   the  mtt 
tor  from  Missouri,  when  the  bill  w.'.i<  up  bef«l 
that,  in  the  commentaries  an  the  constituti«ii| 


ANNO  1835.    ANDREW  JACKSON,  PRU'^IDENT, 


551 


)f  Mr.  Wcbitcr  restored  m, 
le  a  man  of  ino  again ;  ai„j 
3  was  over,  I  rose  and  ml 
esolution  over  again,  with 
I  it — to  stand  for  thu  aconi 
wion— with  the  i)enmptury 
ould  never  yield  it  again  u 
fi'ieud  or  foe. 


TEll    CXXV. 

NEW  OULKANS,  AND  IN  TllS  ] 
\f  GKOUUIA  ANU  NUiaU  LU;. 

ti  reported  upon  the  propui;. 
iinan,  senator  from  Louisiini 
y  and  perseveringly  opposii 
0  moved  ita  indetinite  jx^t- 
itended  that  the  mint  at  VA\- 
f  competent  to  do  all  the  coin- 
ountry  require  >1.  Ho  denied 
;  the  argument,  that  the  miDt 
was  necessary  to  prevents 
•  the  bullion  to  Philadelpbij. 
way  to  the  great  comramiil 
intry  whether  coined  or  noi 
unwise  and  injudicious  to  * 
inches.  He  supposed  it  would 
of  the  States  of  North  Car* 
,0  have  them  there ;  but  whei 
o  the  measure  were  so  stronj, 
sent  to  yield  his  opposition  i« 
the  indefinite  postponement  (< 
ted  the  yeas  and  nays  on  liii 

•were  ordered.— ^Mr.  Manpm 
pposition  of  the  senator  fios 
Clay),  and  thought  it  necesari 
number  of  American  coins,  d 
;9  to  the  places  of  productia 
ctual  loss  of  near  four  peroa 
the  gold  bullion  from  theCe* 

Carolina  mines  to  Philadelpiiii 
With  respect  to  gratifying  tki 
outhem  States,  it  wa.s  a  rais<»! 
,ose  States  had  no  priie  to  gn-^ 
no  evil  in  the  multi  ication 
[twas  well  shown  I  the  s» 
ouri,  when  the  bill  wf..^  up  be5« 
mmentariesantheconistituuwi 


vu  umlorstood  that  branches  might  be  multi- 
iiid.— Mr.  Fri'linghuysen  thought  that  the  ob- 
iict  of  having  a  mint  was  mistaken.    The  mint 
Jrij  established  for  the  accommodation  of  the 
coTernincnt,  and  ho  thought  the  present  one 
uflicient.     ^Vhy  put    an    additional    bunlcn 
upon  thf  poTcrumcnt  because  the  people  in  the 
Siiitli  have  been  so  forttmato  as  to  find  gold ? 
^Mr.  Bc'lfiird  Brown  of  North  Carolina,  said 
the  senator  from  New  Jersey,  asked  why  we 
Lplv  to  Congress  to  relieve  us  from  the  bur- 
n  of  transporting  our  bullion  to  bo  coined, 
hen  the  manufacturers  of  the  North  did  not 
.1.  (g  \jc  paid  for  transporting  their  material. 
lit!  said  it  was  true  the  manufacturers  liad  not 
L-lied  for  this  transportation   assistance,  but 
ihev  asked  for  what  was  much  more  valuable, 
id  pot  it— protection.      The  people  of  the 
jouth  ask  no  protection ;  they  rely  on  their 
r,vn  exertions ;  they  ask  but  a  simple  act  of 
[justice— for  their   rights,  under   the    power 
itcd  by  the  States  to  Congress  to  regulate 
le  valne  of  coin,  and  to  make  the  coin  itself. 
las  the  exclusive  privilege  of  Congress,  and 
wished  to  see  it  exercised  in  the  spirit  in  which 
vras  granted ;  and  which  was  to  make  the  coin- 
generel  for  the  benefit  of  all  the  sections  of 
i;  Union,  and  not  local  to  one  section.    The  re- 
irlt  of  the  gentlemen  is  founded  in  mistake. 
hat  are  the  facts  ?    Can  the  gold  bullion  of 
lorth  Carolina   be   circulated  as  currency  ? 
e  all  know  it  cannot ;  it  is  only  used  as  bul- 
la, and  carried  to  Philadelphia  at  a  great  loss. 
ither  reason  for  the  passage  of  the  bill,  and 
which  Mr.  Brown  hoped  would  not  be  less 
irded  by  senators  on  the  other  side  of  the 
nise,  was  that  the  measure  would  bo  auxiliary 
the  restoration  of  the  metallic  currency,  and 
Ing  the  government  back  to  that  currency 
lich  was  the  only  one  contemplated  by  the 
istitution. 

llr.  Benton  took  the  high  ground  of  consti- 

Honal  right  to  the  establishment  of  these 

uches,  and  as  many  more  as  the  interests  of 

States  required.    He  referred  to  the  Fede- 

it,  No.  44,  written  by  Mr.  Madison,  that  in 

indering  the  coining  power  to  the  federal 

imment,  the  States  did  not  surrender  their 

it  to  have  local  mints.    He  read  the  passage 

the  number  which  he  mentioned,  and  which 

the  exposition  of  the  clause  in  the  constitu- 

relative  to  the  coining  power.    It  was  ex- 


prcs,s,  and  clear  in  the  assertion,  that  the  Stntis 
were  not  to  be  put  ti)  the  expense  and  tnniMo 
of  sending  their  bullion  and  foreign  coins  to  a 
central  mint  to  be  recoiiied;  but  that,  as  many 
lf>cal  mints  would  be  cstabli.shed  undiT  the  au- 
thority of  the  general  governinciit  as  nhould  lio 
necessary.    Upon  thi,s  exposition  of  the  meaning 
of  the  constitution,  Mr.  B.  f«,\i\,  the  States  ac- 
cepted the  constitution ;  and  it  would  be  a  fraud 
on  them  now  to  deny  branches  w  hero  they  were 
needed.    He  referred  to  the  goM  mines  in  North 
Carolina,  and  the  delay  with  which  that  Stntf 
accepted  the  constitution,  and  inquired  whether 
she  would  have  accepted  it  at  all,  without  an 
amendment  to  secure  her  rights,  if  she  could 
have  foreseen  the  great  di.scovcrics  of  gold  within 
her  limits,  and  the  present  opjiosition  to  grant- 
ing her  a  local  mint.    That  State,  through  her 
legislature,  had  applied  for  a  branch  of  the  mint 
years  ago,  and  all  that  was  .said  in  her  favor  was 
equally  applicable  to  Georgia.    Mr.  B.  said,  the 
reasons  in  the  Federalist  for  branch  mints  were 
infinitely  stronger  now  than  when  Mr.  Mndi.son 
wrote  in  1788.    Then,  the  Southern  gold  region 
was  unknown,  and  the  acquisition  of  Louisiana 
not  dreamed  of.    New  Orleans,  and  the  South, 
now  require  branch  mints,  and  claim  the  execu- 
tion of  the  constitution  as  expounded  by  Mr. 
Madison. 

Mr.  B.  claimed  the  right  to  the  establishment 
of  these  branches  as  an  act  of  justice  to  the 
people  of  the  South  and  the  West.  Philadelphia 
could  coin,  but  not  diffuse  the  coin  among  them. 
Money  was  attracted  to  Philadelphia  from  the 
South  and  West,  btit  not  returned  back  again 
to  those  regions.  Local  mints  alone  cr  >  '  sup- 
ply them.  France  had  ten  branch  mints ;  i-i  xico 
had  eight ;  the  United  States  not  one.  The  es- 
tablishment of  branches  was  indispensable  to 
the  diffusion  of  a  hard-money  cun-ency,  espe- 
cially gold ;  and  every  friend  to  that  cuirency 
should  promote  the  establishment  of  branches. 

Mr.  B.  said,  there  were  six  hundred  machines 
at  work  coining  paper  money — he  alluded  to  the 
six  hundred  banks  in  the  United  States  ;  and 
only  one  machine  at  work  coining  gold  and  silver 
He  believed  there  ought  to  be  five  or  six  branch 
mints  in  the  United  States ;  that  is,  two  or  three 
more  than  provided  for  in  this  bill ;  one  at 
Charleston,  South  Carolina,  one  at  Norfolk  or 
Richmond,  Virginia,  and  one  at  New- York  op 
Boston.    The  United  States  Bank  had  twenty*. 


Wi 


'■■\ 


552 


THIRTY  YEARS'  VIEW. 


four  branchcri ;  (;ivc  tlio  I'nitMl  Staton  Mint  five 
or  Kix  branrhcH ;  aiid  tlio  name  of  that  bank 
woiili!  ccn.sc  to  I)c  Mi'^'i'd  upon  un.  NoWIy 
would  want  her  pajwr  when  tbi-y  covild  gal  gold. 

Mr.  H.  Kcoiitcd  tho  idea  of  vx|ii>niieon  Biah  an 
ol>j(!ct  nn  tbin.  The  cxpcnxcwasbut  inconsidur- 
ablc  in  itself,  and  wan  notbinj;  compared  to  its 
object.  For  the  object  was  to  supply  the  country 
with  a  safe  currency, — with  a  constitutional 
currency  ;  and  currency  was  a  thing  which  con- 
cerned every  citizen.  It  was  a  point  at  whi  "h 
the  action  of  government  reached  every  human 
being,  and  bore  directly  upon  his  property,  upon 
liis  labor,  and  ujion  bis  daily  bread.  The  States 
had  a  good  currency  when  this  federal  govern- 
ment was  formed ;  it  was  gold  and  silver  for 
common  use,  and  largo  bank  notes  for  largo 
operations.  Now  tho  whole  land  is  infested 
with  a  vilo  currency  of  small  paper :  and  every 
citizen  was  more  or  less  cheated.  lie  himself 
had  but  two  bank  notes  in  the  world,  and  they 
were  both  counterfeits,  on  the  United  States 
Bank,  with  St.  Andrew's  cross  drawn  through 
their  faces.  IIo  used  nothing  but  gold  and 
Eilvcr  since  tho  gold  bill  passed. 

In  reply  to  Mr.  Frelinghuysen,  who  asked 
where  was  tho  gold  currency  ?  lie  would  an- 
swer, far  the  greatest  part  of  it  was  in  the  vaults 
of  the  Bank  of  the  United  States,  and  its 
branches,  to  be  sold  or  shipped  to  Europe ;  or  at 
all  events,  to  be  kept  out  of  circulation,  to  enable 
the  friends  of  the  bank  to  ask,  where  is  the  gold 
currency  ?  and  then  call  the  gold  bill  a  humbug.- 
But  he  would  tell  the  gentleman  where  a  part 
of  tho  gold  was ;  it  was  in  the  Sletropolis  Bank 
in  this  city,  and  subject  to  his  check  to  the  full 
amount  of  his  pay  and  mileage.  Yes,  said  Mr. 
B.,  now,  for  the  first  time,  Congress  is  paid  in 
gold,  and  it  is  every  member's  own  fault  if  he 
docs  not  draw  it  and  use  it. 

Mr.  B.  said  this  question  concerned  the  South 
and  West,  and  he  would  hope  to  see  the  repre- 
sentatives from  these  two  sections  united  m  sup- 
port of  the  bilL  He  saw  with  pleasure,  that 
Kcveral  gentlemen  from  the  north  of  the  Poto- 
mac, and  from  N'ew  England  were  disposed  to 
support  it.  Their  help  was  most  acceptable  on 
a  subject  so  near  and  so  dear  to  the  South  and 
West.  Every  inhabitant  of  the  South  and  West 
was  personally  interested  in  the  success  of  the 
bill.  From  New  Orleans,  the  new  coin  would  as- 
cend the  Mississippi  River,  scatter  itself  all  along 


its  bankH,  fill  all  its  towns,  citicn,  and  tIIIm^ 
brnnch  off  into  tho  interior  of  the  countrv.  »,,»,j| 
all  the  tributary  stream'^,  and  ri'|ikni,h 
rt'frenh  tho  whole  fiire  of  the  Inrnl.  yj^l 
the  Southern  mints,  tho  new  gold  wmii,)  „  I 
into  tho  West,  and  especially  into  Ktntiy'i,.  f 
Ohio,  and  Tennessee,  by  tho  stuk  <lrii»-| 
being  to  them  a  safe  and  easy  rcmittnnoo  and 
the  country  a  noble  accession  to  their  curmifr  i 
enabling  them  quickly  to  diapcnse  witji  ||,^  | 
■mall  notof). 

It  was  asked,  Mr.  B.  said,  what  loss  In,,  {i  I 
Western  People  now  sustained  for  wantofpiif 
lie  would  answer  that  the  whole  West  hx<  fjJ 
of    counterfeit  paper;   that  counterfeit  par^l 
formed  a  large  part  of  the  actual  circiilatj,^^! 
especially  of  tho  United  States  branch  draiij 
that  sooner  or  later  all  these  countcrfoitj  n,,A 
stop  in  somebody's  hands ;  and  they  vn 
sure  to  stop  in  the  hands  of  those  who  were  InJ 
able  to  bear  the  loss.    Every  trader  down  i 
Mississippi,  Mr.  B.  said,  was  more  or  Icsfiimp, 
ed  upon  with  counterfeit  paper ;  some  lost  wJ 
ly  their  whole  cargoes.  Now  if  there  was  a  bn 
mint  in  New  Orleans  every  one  would  iret  i 
gold.    He  could  get  it  direct  from  the  mint' 
have  his  gold  examined  there  before  he  rtccin 
it.    Mr.  B.  said  that  one  great  object  of  Mi 
lishing  branch  mints  was  to  prevent  am!  iJtirt 
counterfeiting.    Such  establishments  would  li^| 
tect  every  counterfeit  piece,  and  enable  em 
body  to  have  recoui-se  to  a  prompt  and  safe  <ti 
ard  for  ascertaining  what  was  genuine  and  whi 
not.    This  was  a  great  reason  for  the  ten  bn 
es  in  France. 

Mr.  B.  was  against  tho  paper  system.  Ilctr 
against  all  small  notes.  He  was  against  all  p 
per  currency  for  common  use ;  and  being  a 
it  he  was  in  favor  of  the  measures  that  i 
put  down  small  paper  and  put  up  gold  and  siln 
The  branching  of  tho  mint  was  one  of  the  in 
pensablo  measures  for  accomplishing  that  obja 
and  therefore  he  was  for  it.  He  was  in  (m 
of  practical  measures.  Speeches  alone  rot 
not  do.  A  gentleman  might  make  a  fine  ?[ 
in  favor  of  hard  money ;  but  unless  he  pjiTe  toIi 
in  favor  of  measures  to  accomplish  it,  the; 
would  be  inoperative.  Mr.  B.  held  the  Fn 
currency  to  be  the  best  in  the  world,  whcreti 
was  no  bank  note  under  500  francs  (m 
$100),  and  where,  in  consequence,  there  nj 
gold  and  silver  circulation  of  upwards  off 


ANNO  18.15.     ANDIIKW  JACKSON,  rUI-HlIHAT. 


5:»:j 


tn<lrr<l '"'"'"""  *•'"  "loHwrx;  a  ctirrcnry  which 
.  Iljtily  hIO'kI  two  nvoltitiiiim  Bnil  iino  coii- 
.  „<t,  witlxxit  thu  k-nitt  fluctuation  in  ilH  <iimii- 
i.ivorvuliie. 

\Vw  Orlennn,  he  «ui<l,  (Kjcupied  the  most  foll- 
f  tout  point  in  Aini'rica  for  a  mint.  It  wa«  nt 
.  point  of  n-ct'ption  and  dilfiiHion.  The  upt-oic 
ff Mexico  came  there;  and  when  there,  it  as- 
rfwlcil  the  river  into  the  whole  WeHt.  It  was 
t!,c  marlict  city— the  emporium  of  the  Great 
Viilov ;  and  fri>m  tliat  point  every  exporter  of 
prij<iua'  fonid  receive  his  supply  and  bring  it 
l,„mi'.  Mr.  I*,  reiterated  that  this  was  a  question 
,f  furrfncy ;  of  hard  money  apainHt  paper ;  of 
olil  »!piin«t  United  States  Bank  note.".  It  was 
jmipirle  with  the  paper  system.  IIo  said  the 
lid  bill  was  one  step ;  the  branching  the  mint 
oiildbe  the  second  step;  the  suppression  of  all 
itcs  under  twenty  dollars  would  be  the  third 
[op  towards  getting  a  gold  and  silver  currency. 
he  States  could  do  much  towards  putting  down 
all  notes ;  the  federal  government  could  put 
icra  down,  by  putting  the  banks  which  issued 
lem  under  the  ban;  or,  what  was  better,' and 
St  of  all,  returning  to  the  act  of  1789,  which 
ictcd  that  the  revenues  of  the  federal  govem- 
nt  sliould  be  received  in  gold  and  silver  coin 


[The  question  was  then  put  on  Mr.  Clay's 
Jotion  for  indefinite  postponement — and  failed 
lie  yeas  to  27  nays.    Further  strenuou?  oxer- 
wag  made  to  defeat  the  bill.    Mr.  Clay 
Led  to  postpone  it  to  the  ensuing  week — 
lich,  being  near  the  end  of  the  session,  would 
[a  delay  which  might  be  fatal  to  it ;  but  it 
near  pa8sing--20  yeas  to  22  nays.    A 
jtion  was  made  by  Mr.  Clay  to  recommit  the 
Ito  the  Committee  of  Finance — a  motion  equi- 
]ent  to  its  abandonment  for  the  session,  which 
Mr.  Calhoun  gave  the  bill  an  earnest 
ort.  lie  said  it  was  a  question  of  magnitude, 
I  of  vital  importance  to  the  South,  and  de- 
|tcd  the  roost  serious  consideration.    Yet,  he 
sorry  to  say,  he  had  seen  more  persever- 
I  opposition  made  to  it  than  to  any  other 
fBure  for  the   last  two  years.    It  was  a 
ional  question,  but  one  intended  to  extend 
L  benefits  to  all  the  States~-Mr.  Clay  said, 
|ere  had  been  resistance  on  one  side,  there  had 
I  been  a  most  unparalleled,  and  he  must  say, 
ndcd  perseverance  on  the  other.  He  would 


n;pcnt  that  in  whatever  liplit  he  lut<l  n  «rivid  tlm 
pri>iH)M'«l  nicnKun',  hi-  Imd  Ui-n  uimlili'  toconio 
to  any  ottiir  concluHinn  tlian Ihi*,  ilmt  it  w«m.  in 
his  hunililo  JudKnient,  dehmive,  unratlrd  for, 
rnlcniutcd  to  dtccivu  the  |M'ii|iti — t"  h>>ld  out 
ideas  whirh  would  never  be  r»  iilizcd  ;— and  a-t 
utti-rly  unworthy  of  the  considirution  of  tlin 
Senate. — Mr.  Calhoun  wom  a»t'>iiiH|ici|  nt  tlio 
warmth  of  Mr.  Clay  on  this  <im'Mtioti— a  qiu-H- 
as  much  sectional  in  one  |Miint  «f  view,  as  a 
measure  could  lie,  but  natioiml  in  iitiothir. 
I^et  senators  say  wh-it  they  w(»iild,  llii-i  (fovern- 
ment  was  liound,  in  his  opinion,  toeNtiililiMh  the 
mints  which  had  lieen  awked  for.  Finally,  the 
question  was  taken,  and  carried— 24  to  I'.t— the 
yeas  ;>eing:  Messrs.  Ilenton,  Itilih,  Mrown,  Cal- 
houn, Cuthbert,  IlendrickM,  Kane,  Kin;?  of  Ala- 
bama, King  of  Georgia,  Lei^rh,  I.inn,  Mmigutn, 
Morris,  Porter,  Preston,  KobiiiHon,  llug;;k's, 
Shepley,  Tallinadge,  Tyler,  Watrgiitnati,  Webster, 
White,  Wright.  The  nays  were ;  Messrs.  Hell 
of  New  Hampshire,  Black  of  Mississippi,  Bu- 
chanan, Clay,  Clayton,  Ewing,  Frelintrluiyscn, 
Goldsborough,  Isaac  Hill,  Kni);ht,  McKean, 
Naudain,  Bobbins,  8iN1>cc,  Smith,  Southard. 
Swift,  Tipton,  Tomlinson.  The  bill  was  iinnie- 
diatcly  carried  to  the  House  of  UepresentutiveH  ; 
and  there  being  a  large  majority  there  in  favor 
of  the  hard  money  policy  of  the  administration, 
it  was  taken  up  and  acted  upon,  although  so 
near  the  end  of  the  session ;  and  easily  passed. 


CIIAPTEll    CXXVI. 

nEOULATlON   DEPOSIT   lULL. 

The  President  had  recommended  to  Congress 
the  passage  of  an  act  to  regulate  the  custody  of 
the  public  moneys  in  the  local  banks,  intrusted 
with  their  keeping.  It  was  a  renewal  of  the 
same  recommendation  made  at  the  time  of  their 
removal,  and  in  conformity  to  which  the  House 
of  Representatives  had  passed  the  bill  which 
had  been  defeated  in  the  Senate.  The  same  bill 
was  sent  up  to  the  Senate  again,  and  passed  by 
a  large  majority :  twenty-eight  to  twelve.  The 
yeas  were:  Messrs.  Benton,  Black  of  Missis- 
sippi, Calhoun,  Clayton  of  Delaware,  Cuthlwrt  of 
Georgia,  Ewing  of  Ohio,  Frelinghuyscn,  Golds* 


'\ 


r^rA 


TIIIR'n'  YJURS*  VIEW. 


l)or()U^'li,  Ki'iil,  Kin'trht,  lA\fi)\,  I. inn,  5f('Kcnn, 
Mnii^riiiii,  .Mnnn-,  Alixiiiitlir  I'ortir,  l*rinti)ti, 
I'lTHtcin,  Hiili)iiti.4,  Itoliinson,  Smith,  SoiithunI, 
.Swift,  TotiiliiiNMii,  Tylir,  Wi»p(;immn,  WtlisttT, 
AVii(:lit,  'I'lu'  iinyH  wtTc:  Mt'.s.irH.  \\i\>h,  lirown, 
KiK^liaiian,  llcixltickM,  llill,  Knm>,  Kin;;  of  Ala- 
)i;inm,  Morrin  of  Oliio,  PoindixtiT,  Ilii(i;{lc's, 
J?hii)l('y,  TullnmdKi'.  And  thus,  the  coiniiluinl 
iVRMi'd  whicti  hnd  so  lon^  prvvailed  npiinxt  the 
rrt'Hidtnt,  on  tlu*  allcj^i'd  ilhpiility  of  the  Statu 
hank  cn.stody  of  tlio  puhiic  inont-yH.  These 
hankn  were  taken  oh  a  neci-HHity,  and  an  a  half- 
way h«u>e  hftwwn  tlio  IJank  of  tho  United 
Stafi'8  and  an  Independent  treasury.  After  a 
brief  Hojoiirn  in  tho  intermediate  uhode,  they 
j)a8«ed  on  to  the  Inde|K'ndent  troa.sury — tliere, 
it  is  hoped,  to  remain  for  ever. 


CHAPTER    C XX VII. 

DKKKAT    OK     TlIK    nKl'ENCK    Ari'KOI'UIATtON, 
AM)  I-OSS  OF  TIIK  FOUTIFICATION  IIILU 

The  President  in  his  annual  message  at  tho 
eommenccment  had  communicated  to  Congress 
the  state  of  our  relations  with  Franco,  and 
especially  the  continued  foilure  to  pay  tho  in- 
demnities stipulated  by  the  treaty  of  1831 ;  and 
had  recommended  to  Congress  measures  of  re- 
prisal against  the  commerce  of  France.  The  re- 
commendation, in  tho  House  of  Representatives, 
was  referred  to  the  committee  of  foreign  relations, 
which  through  their  chairman,  Mr.  Cambreling, 
made  a  report  adverse  to  immediate  resort  to  re- 
prisals, r.ii.l  recommending  contingent  prepara- 
tion to  meet  any  emergency  which  should  grow 
out  of  a  continued  refusal  on  tho  part  of  France 
to  comply  with  her  treaty,  and  make  the  stipu- 
lated payment.  In  conformity  with  this  lost 
recommendation,  and  at  the  suggestion  of  Mr. 
John  Quincy  Adams,  it  was  resolved  unanimous- 
ly upon  yeas  and  nays,  or  rather  upon  yeas, 
their  being  no  nays,  and  212  members  voting — 
"  That  in  tho  opinion  of  this  House,  the  treaty 
of  tho  4th  of  July  1831  with  France  bo  main- 
tained, and  its  execution  insisted  upon : "  and, 
with  the  like  unanimity  it  was  resolved — "That 
preparations  ought  to  be  made  to  meet  any 
emergency  growing  out  of  our  relations  with 
France."     These  two  resolutions  showed  the 


tenijier  of  the  Hou»«>,  and  th>t  it  iiii<.i„l„|  • 
vindicate  the  rightu  of  our  eiti/.enK,  if  mo..,.. 
at  the  ex|K'nno  of  war.     Ai-i'or<liin;ly  m\  aiu 
priati<jn  of  three  millions  of  dollurs  wum  iu^r 
by  the  Houxe  in  the  gi'uerul  fortillcjitiDii  |,  i^. 
enalile  the  l'n'»tident  to  make  muIi  iinliurviv 
naval  preparation*  <luring  tho  reco*  of  c,    I 
gress  aa  the  stulo  of  our  reli>"  iw  with  Frt,  I 
might  re<iuire.    Thin  appropr  .ation  wuh  ztaii,.|. , I 
voted  by  tho  House :  in  tho  !■      ite  it  rmt » 
no  favor;  and  wos  njected.     The  IIou>,.j,;, ,, 
on  its  appropriation;  the  Senate ''udli, :,,{ 
its  vote :  and  that  brought  tho  disaKrivinan  . 
a  committee   of  conference,  proixmcd  l,v  |i 
House.     In  tho  mean  time  Congress  wiuini 
expiring  moments  of  its  session  ;  andevcntii 
tho  whole  appropriation  for  contiii;.tiit  jin  pj;^! 
tion,  and  tho  whole  fortiflcation  bill.  wnslnsibJ 
the  termination  of  tho  Congress.    It  wanamfnJ 
serious  loss;  and  it  became  a  (itiestidn  ^1,^,;! 
House  was  responsible  for  such  u  iiilsfurtuiit, 
regrettable  at  all  times,  but  particiilarlr! 
the  face  of  our  relations  with   Frame, 
starting  point  in  the  road  which  kd  to  this  J 
was  tho  motion  made  by  Mr.  AVehstir  tn  -^ 
here" — a  harsh  motion,  and  more  calculaWu 
estrange  than  to  unite  tho  two  IIoiisos.  )\,\ 
King,  of  Alabama,  immediately  took  up  them  J 
tion  in  that  sense ;  and  said : 

"  Ho  very  much  regretted  that  the  senator  I'roi 
Massachusetts  should  have  made  siicli  a  imtiogl 
it  had  seldom  or  never  been  resorted  to  until  ik 
and  more  gentle  means  had  failed  to  priKJuct] 
unity  of  action  between  tho  two  Hoiisos,  J 
this  stago  of  tho  proceeding  it  would  k'  coniij 
ered  (and  justly)  harsh  in  its  character;  anlii 
had  no  doubt,  if  sanctioned  by  the  Senate.  m2 
greatly  exasperate  the  other  House,  and  ftum 
endanger  the  passage  of  the  bill  altojrctluT, 
gentlemen,  said  Mr.  Mr.  K.,  prepnrul  fort 
Will  they,  at  this  particulur  juncture,  in  tH 
present  condition  of  things,  t^ko  upon  tlx 
selves  such  a  fearful  responsibility  as  the  rtjs 
tion  of  this  bill  might  involve  ?    For  hiinscKJ 
your  forts  are  to  be  left  unarmed,  your  thi{ 
unrepaired  and  out  of  commission,  and  vi 
whole  sea-coast  exposed  without  defends  ofa 
kind,  tho  responsibility  should  not  rest  upoul] 
shoulders.    It  is  as  well,  said  Mr.  K.,  to ! 
plainly  on  this  subject.    Our  position  viihd 
gard  to  France  was  known  to  allwholieardkii 
to  be  of  such  a  character  as  would  not,iiil| 
opinion,  justify  prudent  men,  men  who  looli| 
the  preserration  of  tho  rights  and  the  honor  j 
the  nation,  in  withholding  the  means,  the  a 
ample  means,  to  maintain  those  rights  andgi 
serve  unimpaired  that  honor. 


ANNO  l»M.     ANWKKW  JArKS4)N.  niI>ll»r.ST. 


WJ 


■Mr 


K.  niiiil.whilu  III'  wMfrtH'tnronrt'N*  that 


■,ri|'»t''l  »|>|Mn|)riHtii>n  wan  ni>t  iii  lU  U-nu* 
.  ,,.ilicr  «■<  i«|>«'<'ill<' »■'*  ho  rutild  Iiatk  wimIioI 
iJ^ct.iiM  ii"l  viow  it  ill  thi'  Wfcht  whirh  linil, 
«,.iniil  t'l  li*v«',  •»<•  iiiurli  nlarnicil  l\\v  m'imtor 

M;i-«n<'liUHi'itM,  kiiil  iit)i«>rii  who  liad  i<|Miki'ii 
,i„.  Kiilijci-t.  Wv  ant  ti>l<|,  Haiti  Mr.  K.,  that 
.  |il<i|>i>"i>  "''  '''"  niiii-inhnoiit  inailt!  I)y  the 
„.,.  will  iiriiKtnitc  thf  fortri'BK  of  tlic  mtiHti- 
,i„ii  „,„!  liiry  ninl«T  itM  riiinn  the  liUTticH  of 

,-,  iilc.     III!  liKtl  too  lon^  U'ci)  ari-tiHtoiiivil 

.  ,v,iir^i'(if  <li'l>atu  hi'iv,  |Mtrticiilarly  in  tiiiiis 
!,  party  ixciU-nu-nt,  to  pay  iimcliulteutinu 

„li|  iii^MTfion  or  violi-nt  (ft'iiuiicitttion.  In 
[',1  ||i>  n'*k<'<l,<l<M>Ait  violate  tlHiconotitiitinn  f 
^„,t|{ivc  to  the  I'rcMiilfnt  the  powor  <>f  tle- 

\sm  ""f  ^  ^""  '"^''  ^'*-'"  t"''')"'"'  ^•''•1  iru- 
l,v  my  t'rifiKl  from  PviinHylvaiiia  (Mr.  Hii- 
ji'inl,  tluit  this  |)OWcr  aloiio  la-lon((M  to  (  on- 
iior  (ioi'i*  this  bill  in  tlio  Hlifthtt  Rt  (li-^roo 
it.  Doom  it  authorize  thu  raiHiii);  of 
Nil.  not  one  nmii  can  bu  enlisted  he- 


Illlv"  I 


ml  till'  nuiiiliur  rei|iiiro<l  to  iUI  up  thu  ranks 
IvMiir  little  army ;  and  whether  you  pnss  this 
tiiiliiiii'  or  not,  that  power  is  already  pos- 
umiercxistinp;  laws.  I«  it,  said  Mr.  K., 
[til  uiiliii'''i'<li'"ti"'  «*"''  unHUttl?  A  littlo  ttt- 
ttum  ti)  the  history  of  our  Kovernnient  must 
lislV  all  wlio  heard  him,  that  it  is  neither  the 
( nor  tlic  other. 

'■Duriiij!  the  whole  period  of  the  administni- 
ns  uf  (iiiK'ial  Washington  and  the  elder 
lams,  all  appropriations  were  Rencrnl,  npiily- 
I  s  );rus!)  Hiiin  for  the  expenditure  of  the  (litler- 
dipartments  of  the  government,  under  the 
Kiioii  of  the  President ;  and  it  was  not  till 
I  Jetfcrson  came  into  ollico,  that,  at  his  rc- 
junendatiiin,  siwcitic  appropriations  were 
pttd.  Was  the  constitution  violated,  broken 
Irn.  and  di'stroved,  under  the  administration 
[the  fattier  of  his  country  ?  Or  did  the  for- 
j  to  which  the  senator  from  MaKsachusctts, 
[this  occasion,  clings  so  fondly,  tumble  into 
■  when  millions  were  placed  in  the  hands  of 
VJtfferson  himself,  to  be  disposed  of  for  a 
mad  (ibjfct,  but,  in  every  thing  else,  subject 
ti  unlimited  discretion?  No,  said  Mr.  K., 
I  lilicrties  remained  unimpaired ;  and,  he  trust- 
1  God,  would  so  remain  for  centuries  yet  to 
!.  He  would  not  urge  his  confldence  m  the 
nguished  individual  at  the  head  of  the  gov- 
liint  as  a  reason  why  this  amendment  should 
he  was  in  favor  of  limiting  executive 
ttlon  as  far  as  practicable ;  but  circumstan- 
nay  present  themselves,  causes  may  exist, 
^h  would  place  it  out  of  the  power  of  Con- 
promptly  to  meet  the  emergency.  To 
,  then,  should  they  look  ?  Surely  to  the 
I  of  the  government — to  the  man  selected  by 
leuple  tu  guard  their  rights  and  protect  their 
ests.  He  put  it  to  senators  to  say  whether, 
ossiblc  contingency,  which  all  would  under- 
P,  our  forts  should  not  be  armed,  or  ships 
I  coimnission  ?  None  will  venture  to  gain- 
Vi't  thu  extent  to  which  auch  annameut 


ohoiild  U-  mrrit'd  iniixl.  I'linii  llu*  vi-ry  mri'i'ity 
iif  the  rniio,  lie  lilt  to  the  oi'iiiid  <ii'-<'li'li''ll  <>l'  Ihi: 
I'n.'i'idi'iil.  Kriiiii  tlto  |Hi«iiiiiii  In'  <if(ii|'ii"<.  no 
one  ran  Iw  ho  roiii|M-t<'iit  lo  tonii  ii  I'mtirt  jiidif 
iiient,  and  hi'  niuld  ii<>t,  if  he  uould.  apply  tho 
money  to  nihrr  olij*  rtn  thiin  Ihc  I  Iciki  •>  i>|'  tliu 
country.  Mr.  K.  siii<l  ho  woiil,  .  •  i,  ut  Ihn  l^t 
iiioiiieiitiirthi'.--('r<iitiii.\vlii'ii  tiiiii-\Mv.'<  -o  (iry  prio 
lioUH,  fiirtlu'r  ditain  llu-  ."^rimir  than  to  fxpn'tH 
his  ilii'ii  a|iprch('tision,  his  alnriii.  liv.|  ihi>  hiokI 
important  bill  should  Ih>  Umi  by  this  < oniliii  Im" 
ttveen  the  two  Houses,  lie  would  l»^  of  m  im- 
tors  to  retlect  on  the  disii.<troiis  cnn-'i'ipii  urt's 
which  might  I'lisue.  lie  would  Hpuiii  eiilnat 
the  senator  from  Mussachusclts  to  withdraw  bin 
motion,  and  ask  a  conlerciire,  and  thus  Icuve 
some  reasonable  ground  lor  hope  of  ultinmto 
agreeineiil  on  this  ino.-<t  iinportaut  subject." 

The  motion  wan  jK-rsisteil  in,  and  the  "adhir 
dice  "carried  by  a  vote  of  twenty-nine  to  seveii 
teen.     The  yeas  and  nays  were : 

Ykas. — .Messrs.  IJell,  llilib,  Calhoun,  Clay, 
Clayton.  Kwiiig,  Fnlinghuvsen,  Ooltlsbcnumh, 
IlendrieliH,  Kent,  Knight,  U'igh,  .Maiigum,  .Mooiv, 
Naudain,  l*oinde.\ter.  Porter,  Prentiss,  Preston, 
RobbiiiH,Silsl>ee,Sinith,  Southard,  Swift,  Tonilin- 
son,  Tyler,  Waggainan,  Webster,  White.— ;i'.». 

Navs. — Messrs.  llenton,  Urown,  Uuchanan, 
Cuthbert,  Grundy,  Hill,  Kane,  Kingof  Alubiuna, 
King  of  Georgia,  Linn.  McKian,  Uuggles,  Kob- 
insou,  Shepley,  Talliuadge,  Tipton,  Wright. — 

Upon  being  notified  of  this  vote,  the  House 
took  the  conciliatory  step  of  "insisting  ;"  and 
asked  a  "conference."  The  Senate  agreed  to 
tho  request — appointed  a  <  omniittcc  on  its  part, 
which  was  met  by  another  on  tin;  part  of  the 
House,  which  could  not  agree  about  the  three 
millions;  and  while  engaged  in  these  attempt-: 
at  concord,  the  existence  of  the  Congress  termi- 
nated. It  was  after  midnight;  tlio  morning  of 
the  fourth  of  March  had  commenced;  many 
members  said  their  power  was  at  an  end — others 
that  it  would  continue  till  twelve  o'clock,  noon ; 
for  it  was  that  hour,  on  tho  3d  of  March,  1789, 
that  the  first  Congress  commenced  its  existence, 
and  that  day  should  only  be  counted  half,  and 
the  half  of  the  next  day  taken  to  make  out  two 
complete  years  for  each  Congress.  To  this  it 
was  answered  that,  in  law,  there  are  no  fractions 
uf  a  day  ;  that  the  whole  day  counted  in  a  legal 
transa(  tion :  in  the  birth  of  a  measure  or  of  a  man. 
The  first  day  that  the  first  Congress  sat  was  the 
day  of  its  birth,  without  looking  to  the  hour  ut 
which  it  formed  a  quorum ;  the  day  a  man  was 
boro  was  the  day  uf  his  birth,  and  he  counted 


'/ 


SSG 


THIRTY  YEARS'  VIEW. 


from  the  beginning;  of  the  day,  and  the  whole 
day,  and  not  from  the  hour  and  minute  at  which 
he  entered  the  world — a  nile  which  would  rob  all 
the  afternoon-bom  children  of  more  or  less  of  the 
day  on  which  they  were  bom,  and  postpone  their 
majority  until  the  day  after  their  birthday. 
While  these  disquisitions  were  going  on,  many 
members  were  going  off;  and  the  Senate  hear- 
ing nothing  from  the  House,  dispatched  a  mes- 
sage to  it,  on  the  motion  of  Mr.  Webster,  "  re- 
opectfully  to  remind  it"  of  the  dieagroement  on 
the  fortification  bill ;  on  receiving  which  mes- 
eage,  Mr.  Cambrclcng,  chairman  of  conference, 
on  the  part  of  the  House,  stood  up  and  said : 

"  That  the  committee  of  conference  of  the  two 
Houses  hod  mut,  and  had  concurred  in  an  amend- 
ment which  was  very  unsatisfactory  to  him.  It 
[)roposed  an  unconditional  appropriation  of  three 
lundred  thousand  dollars  for  arming  the  fortifi- 
cations, and  five  hundred  thousand  dollars  for 
repairs  of  and  e(|uipping  our  vessels  of  war — an 
amount  totally  inadequate,  if  it  should  bo  re- 
quired, and  more  than  was  necessary,  if  it  should 
not  be.  When  he  came  into  the  House  from 
the  conference,  they  were  calling  the  ayes  and 
noes  on  the  resolution  to  pay  the  compensation 
due  the  gentleman  from  Kentucky  (Mr.  Letcher). 
He  voted  on  that  resolution,  but  there  was  no 
quorum  voting.  On  a  subsequent  proposition 
lo  adjourn,  the  ayes  and  noes  were  called,  and 
again  there  was  no  quorum  voting.  Under  such 
circumstances,  and  at  two  o'clock  in  the  morn- 
ing, he  did  not  feel  authorized  to  present  to  the 
House  an  appropriation  of  eight  hundred  thou- 
sand dollars.  He  regretted  the  loss,  not  only 
of  the  appropriation  for  the  defence  of  the  coun- 
try, but  of  the  whole  fortification  bill ;  but  let 
the  responsibility  fall  where  it  ought — on  the 
Senate  of  the  United  States.  The  House  had 
discharged  its  duty  to  the  country.  It  had  sent 
the  fortification  bill  to  the  Senate,  with  an  addi- 
tional appropriation,  entirely  for  the  defence  of 
the  country.  The  Senate  had  rejected  that  ap- 
propriation, without  even  deigning  to  propose 
any  amendment  whatever,  either  in  form  or 
amount.  The  House  sent  it  a  second  time ;  and 
a  second  time  no  amendment  was  proposec^  but 
the  reverse ;  the  Senate  adhered,  without  con- 
descending to  ask  even  a  conference.  Had  that 
body  asked  a  conference,  in  the  first  instance, 
some  provision  would  have  been  made  for  de- 
fence, and  the  fortification  bill  would  have  been 
saved  before  the  hour  arrived  which  terminated 
the  existence  of  the  present  House  of  Represen- 
tatives. A3  it  was.  the  committees  did  not  con- 
cur till  this  House  had  ceased  to  exist—  the  ayes 
and  noes  had  been  twice  taken  without  a  quo- 
rum— the  bill  was  evidently  lost,  and  the  Senate 
must  take  the  responsibility  of  leaving  the  coun- 
try defenceless.  Ho  could  not  feel  authorized 
iu  report  the  bill  to  the  House,  situated  as  it 


was,  and  at  this  hour  in  the  morning ;  bj,  j 
any  other  member  of  the  committee  nf'coij 
ence  proposed  to  do  it,  ho  should  make  n, « 
jcction,  though  he  believed  such  a  propoiiii 
utterly  ineffectual  at  this  hour :  for  no  nieni! 
could,  at  this  hour  in  the  morning,  be  comr, 
to  vote." 

Many  members  said  the  time  was  out,  i 
that  there  had  been  no  quorum  for  two  hot 
A  count  was  had,  and  a  quorum  not  found 
members  were  requested  to  pass  throujrh  teli 
and  did  so :  only  eight-two  present.  Mr,  u 
Y.  Mason  informed  the  House  that  the  Sei 
had  adjourned ;  then  the  House  did  the ; 
making  the  adjournment  induefonn,allcrin 
of  thanks  to  the  speaker,  and  hearing  his  [ 
ing  address  in  return. 


CHAPTEll    C XX  VIII, 

DISTRIBUTION  OP  EEVENVE. 

Propositions  for  distributing  the  public  1 
revenue  among  the  States,  had  become  conq 
to  be  succeeded  by  others  to  distribute  theli 
themselves,  and  finally  the  Custom  House  n 
nue,  as  well  as  that  of  the  lands.    The  prosJ 
of  distribution  was  natural  and  inevitable  iii 
direction,  when  once  begun.    Mr.  Calhoun  J 
his  friends  had  opposed  these  proposed  disoj 
tions  as  unconstitutional,  as  well  as  den 
ing ;  but  after  his  junction  with  Jlr.  Cln.) 
began  to  favor  them ;  but  still  with  the  m 
an  amendment  to  the  constitution.   WAt 
view,  in  the  latter  part  of  the  session  ofl 
he  moved  a  resolution  of  inquiry  into  the  ei( 
of  executive  patronage,  the  increase 
expenditure,  and  the  increase  of  the  nunli 
persons  employed  or  fed  by  the  federal  { 
ment ;  and  he  asked  for  a'  select  commilti 
six  to  report  upon  his  resolution.  Bothn 
were  granted  by  the  Senate ;  and,  acconi 
parliamentary  law,  and  the  principles  ofl 
legislation  (whiiSb  always  accord  a  con 
favorable  to  the  object  proposed),  the  i 
of  the  committee  were  appointed  upon  thei^ 
tion  of  the  six  which  he  wished.    Thc.Tr 
Messrs.  Webster,  Southard,  Bibb,  King  of  lij 
gia,  and  Benton — which,  with  himselti 
make  six.    Mr.  Webster  declined,  and  MrJ 
dexter  was  appointed  in  his  place;  Mr.M| 


I 


ANNO  1834.    ANDREW  JACKSOX,  TRESIDEXT. 


557 


hour  in  the  morninis ;  bat  | 
er  of  the  committee  of  coU 
do  it,  ho  should  make  m  c, 
le  believed  such  a  proposiw 
il  at  this  hour :  for  no  twnii 
ur  in  the  morning,  be  coinfti 

ra  sold  the  time  was  oui,i 
been  no  quorum  for  two  hoi 
i,  and  a  quorum  not  founi  ', 
cquested  to  pass  through  teli 
ly  eight-two  present.  Mr.Jol 
med  the  House  that  the  Se» 
;  then  the  House  did  the  sai 
jumment  in  due  form,  after  m 
le  speaker,  and  hearing  l»isp 
return. 


PTEll    CXXVIII. 

RIBUTION  OF  EEVESVE. 

for  distributing  the  puUic 
g  the  States,  had  become  com 
(d  by  others  to  distribute  the 
nd  finally  the  Custom  llous 
3  that  of  the  lands.  The  pn 
1  ■vras  natural  and  inevitable  inl 
en  once  begun.  Mr.  Calhoun  i 
id  opposed  these  proposc<ldii 
onstltutional,  as  well  as  deiii 
cr  his  junction  with  Mr.  Cln, 
)r  them ;  but  still  with  the  aln' 
nt  to  the  constitution.  Viih 
latter  part  of  the  session  of 
•esolution  of  inquiry  into  then 

patron^e,  the  increase  of 

and  the  increase  of  the  numt 
loyed  or  fed  by  the  federal 
he  asked  for  a  .=!elect  commit 
b  upon  his  resolution.  Bothi 
d  by  the  Senate;  and,accor 
ry  law,  and  the  principles 
[whioh  always  accord  a  coi 
'the  object  proposed),  the  n 
littee  were  appointed  upon  thei 

six  which  he  wished.  Then 
.bster,  Southard,  Bibb,Kingo(( 
enton-which,  with  himseji 

Mr.  Webster  declined,  and  Mr. 

appointed  in  his  pbwei  Mr' 


i  jjd  not  act ;  and  the  committee,  consisting 
f  five,  stood,  politically,  three  against  the  ad- 
^aistrstion — two  for  it ;  and  was  thus  a  frustra- 
uf  Mr.  Calhoun's  plan  of  having  an  impartial 
nmittce,  taken  equally  from  the  thi-ee  politi- 
I  Mirties.    lie  had  proposed  the  committee 
ion  the  basis  of  three  political  parties  in  ♦he 
i»te.  desiring  to  have  two  members  from  each 
M ;  giving  ^  <^  reason  for  that  desire,  that 
Iwisbcd  to  go  into  the  examination  of  the  im- 
t-tant  inquiry  proposed,  with  a  committee  free 
Lni  all  prejudice,  and  calculated  to  give  it  an 
rtial  consideration.   This  division  into  three 
rtics  was  not  to  the  taste  of  all  the  members ; 
J  hence  the  refusal  of  some  to  serve  upon 
It  was  the  first  time  that  the  existence  of 
Iw  parties  was  proposed  to  bo  made  the  basis 
iKnatorial  action,  and  did  not  succeed.     The 
jaal  committee  classed  democratically,  but 
|h  the  majority  opposed  to  the  administration, 
it  the  first  meeting  a  sub-committee  of  three 
B  formed— Mr.  Calhoun  of  course  at  its  head 
}  draw  up  a  report  for  the  consideration  of 
[full committee:  and  of  this  sub-committee 
Ljority  was  against  the  administration.  Very 
1  the  committee  was  assembled  to  hear  the 
Irt  read.   I  was  surprised  at  it — both  at  the 
|kiic6s  of  the  preparation  and  the  character 
the  paper.    It  was  an  elaborate,  ingenious 
plausible  attack  upon  the  administration, 
Ising  it  of  having  doubled  the  expenses  of 
Kovemraent — of  having  doubled  the  number 
Irsons  employed  or  supported  by  it— of  hold- 
Jie  public  moneys  in  illegal  custody — of  ex- 
king  a  patronage  tending  to  corruption — 
irholc  the  result  of  an  over  full  treasury, 
there  was  no  way  to  deplete  but  by  a 
■bution  of  the  surplus  revenue  among  the 
;  for  which  purpose  an  amendment  of  the 
ptution  would  be  necessary  j  and  was  pro- 
Mr.  Benton  heard  the  reading  in  silence ; 
lirhen  finished  declared  his  dissent  to  it: 
p  should  make  no  minority  report — a  kind 
lorts  which  he  always  disliked ;  but  when 
1  the  Senate  he  should  rise  in  his  place  and 
it.   Mr.  King,  of  Georgia,  sided  with 
lenton ;  and  thus  the  report  went  in.    Mr. 
ua  read  it  himself  at  the  secretary's  table, 
^oved  its  printing.    Mr.  Poindcxter  moved 
1  number  of  30,000  copies ;  and  spoke  at 
I  in  support  of  his  motion,  and  in  favor  of 
lort.   Mr.  King,  of  Georgia,  followed  him 


against  the  rejmrt:  and  Mr.  Ilenton  followe<1 
Mr.  King  on  the  same  siile.  On  the  siilject  of 
the  increase  of  expenditures  doubU'd  within  the 
time  mentioned,  he  showed  that  it  came  from 
extraordinary  objects,  not  belonging  to  the  ex- 
penses of  the  government,  but  temporary  in 
their  nature  and  transient  in  their  existence; 
namely,  the  expenses  of  removing  the  Indians, 
the  Indian  war  upon  the  Mi.ssi.ssippi,  and  the 
pension  act  of  1832 ;  which  carried  up  the  revo- 
lutionary pensions  from  ^355,000  i)or  ann»mi  to 
$3,500,000— just  tenfold— and  by  an  act  which 
the  friends  of  the  administration  opposed.  lie 
showed  also  that  the  increase  in  the  number  of 
persons  employed,  or  supported  by  the  govern- 
ment, came  in  a  great  degree  from  the  same 
measure  which  carried  up  the  number  of  pen- 
sioners from  17,000  to  40,000.  On  the  subject 
of  the  illegal  custody  of  the  public  moneys,  it 
was  shown,  in  the  first  place,  that  the  custody 
was  not  illegal ;  and,  in  the  second,  that  the  de- 
posit regi.iui'on  bill  had  been  defeated  in  the 
Senate  by  ihe  opponents  of  the  administration. 
Having  vindicated  the  administration  from  the 
charge  of  extravagance,  and  the  illegal  custody 
of  the  public  moneys,  Mr.  Benton  came  to  the 
main  part  of  the  report — the  surplus  in  the  trea- 
sury, its  distribution  for  eight  years  among  the 
States  (just  the  period  to  cover  two  presidential 
elections) ;  and  the  proposed  amendment  to  the 
constitution  to  permit  that  distribution  to  bo 
made :  and  here  it  is  right  that  the  report  should 
be  allowed  to  speak  for  itself.  Having  assumed 
the  annual  surplus  to  be  nine  millions  for  eight 
years — until  the  compromise  of  1833  worked 
out  its  problem ; — that  this  surplus  was  inevita- 
ble, and  that  there  was  no  legitimate  object  of 
federal  care  on  which  it  could  be  expended,  the 
report  brought  out  distribution  as  the  only  prac- 
tical depletion  of  the  treasury,  and  the  only 
remedy  for  the  corruptions  which  an  exuberant 
treasury  engendered.    It  proceeded  thus : 

"  But  if  nosubject  of  expenditure  can  be  select- 
ed on  which  the  surplus  can  be  safely  expended, 
and  if  neither  the  revenue  nor  expenditure  c.in, 
under  existing  circumstances,  be  reduced,  the 
next  inquiry  is,  what  is  to  be  done  with  the 
surplus,  which,  as  has  been  shown,  will  probably 
equal,  on  an  average,  for  the  next  eight  years, 
the  sum  of  $9,000,000  beyond  the  just  wants  of 
the  government  ?  A  surplus  of  which,  unless 
some  safe  disposition  can  be  made,  all  other 
means  of  reducing  the  patronage  of  the  Execu- 
tive must  prove  iuelfectual. 


BS8 


THIRTY  YEARS'  VIEW. 


'•  Yotir  rommittee  are  deeply  ponsible  of  the 
preat  difficiiltj"  of  findinf;  any  fiatiafactory  solu- 
tion of  this  question ;  but  bclicvinjr  that  the  very 
exiHtencc  of  our  institutionH,  and  with  them  the 
liberty  of  the  country,  may  deptnd  on  the  suc- 
cess of  their  investigation,  they  have  carefully 
explored  the  whole  ground,  and  the  result  of 
their  inquir}'  is,  that  but  one  means  has  occurred 
to  them  holding  out  any  reasonable  prospect  of 
success.  A  few  preliminary  remarks  will  be 
necossary  to  explain  their  views. 

"  Amidst  all  the  difficulties  of  our  situation, 
there  is  one  consolation  :  that  the  danger  from 
Executive  patronage,  as  far  as  it  depends  on  ex- 
cess of  revenue,  must  be  temporary.  Assuming 
that  the  act  of  2d  of  March,  1833,  will  bo  left 
undisturbed,  by  its  provisions  the  income,  after 
the  year  1842,  is  to  bo  reduced  to  the  economi- 
cal wants  of  the  government.  The  government, 
then,  is  in  a  state  of  passage  from  one  where  the 
revenue  is  excessive,  to  another  in  which,  at  a 
fixed  and  no  distant  period,  it  will  be  reduced 
to  its  proper  limits.  The  difficulty  in  the  in- 
termediate time  is,  that  the  revenue  cannot  be 
brought  down  to  the  expenditure,  nor  the  ex- 
penditure, without  great  danger,  raised  to  the 
revenue,  for  reasons  already  explained.  How  is 
this  difficulty  to  be  overcome  ?  It  might  seem 
that  the  simple  and  nattiral  means  would  be,  to 
vest  the  surplus  in  some  safe  and  profitable  stock, 
to  accumulate  for  future  use ;  but  the  difficulty 
in  such  a  course  will,  on  examination,  be  found 
insuperable. 

"  At  the  verj'  commencement,  in  selecting  the 
stock,  there  would  be  great,  if  not  insurmounta- 
ble, difficulties.  No  one  would  think  of  invest- 
ing the  surplus  in  bank  stock,  against  which 
there  are  so  many  and  such  decisive  reasons  that 
it  is  not  deemed  necessary  to  state  them ;  nor 
would  the  objections  be  less  decisive  against 
vesting  in  the  stock  of  the  States,  which  would 
create  the  dangerous  relation  of  debtor  and  credi- 
tor between  the  government  and  the  members 
of  the  Union.  But  suppose  this  difficulty  sur- 
mounted, and  that  some  stock  perfectly  safe  was 
selected,  there  would  still  remain  another  that 
could  not  be  surmounted.  There  cannot  be 
found  a  stock,  with  an  interest  in  its  favor  suffi- 
ciently strong  to  compete  with  the  interests 
which,  with  a  large  surplus  revenue,  will  be  ever 
found  in  favor  of  expenditures.  It  must  be  per- 
fectly obvio'  to  all  who  have  the  least  experi- 
ence, or  who  will  duly  reflect  on  the  subject, 
that  were  a  fund  selected  in  which  to  vest  the 
surplus  revenue  for  future  use,  there  w.ould  be 
found  in  practice  a  constant  conflict  between  the 
interest  in  favor  of  some  local  or  favorite  scheme 
of  expenditure,  and  that  in  (iivor  of  the  stock. 
Nor  can  it  be  less  obvious  that,  in  point  of  fact, 
the  former  would  prove  far  stronger  than  the 
latter.  The  result  is  obvious.  'J  he  surplus,  be 
it  ever  so  great,  would  be  absorbed  by  appro- 
priations, instead  of  being  vested  in  the  stock ; 
and  the  scheme,  of  course,  would,  in  practice, 
prove  an  abortion ;  which  brmgs  us  back  to  the 


original  inquiry,  how  is  the  mirphis  io\^^ 
posed  of  until  the  excess  shall  be  reducH  to  J 
just  and  economical  wants  of  the  povernniJl 

"After  bestowing  on  this  question,  on  tUo, 
cossful  solution  of  which  so  much  denendiA 
most  deliberate  attention,  your  committ» 
they  have  already  stated,  can  advise  but « 
means  by  which  it  can  be  effected ;  and  tlm 
an  amendment  of  the  constitution,  aiithoruj 
the  temporary  distribution  of  the  surplus  rsn 
nue  among  the  States  till  the  j-ear  184,3  ;\f|« 
as  has  been  shown,  the  income  and  cxp^n(l::m 
will  be  equalized. 

'•  Your  committee  arc  fully  aware  of  the  rjj«| 
and  fatal  objections  to  the  distribution  oft  J 
surplus  revenue  among  the  States,  consiii 
as  a  part  of  the  ordinary  and  regular  n«n{ 
this  government.    They  admit  thera  to  \it 
great  as  can  well  be  imagined.    The  proposit 
itself;  that  the  government  should  collect  ffli)i„ 
for  the  purpose  of  such  distribution,  or  shfJ 
distribute  a  surplus  for  the  purpose  of  pcrpetg 
ting  taxes,  is  too  absurd  to  require  rcfuutici 
and  yet  what  would  be  when  applied,  as  i 
posed,  so  absurd  and  pernicious,  i.s,  in  theoi 
ion  of  your  committee,  in  the  present  cstn. 
dinary  and  deeply  disordered  state  of  our  iJij, 
not  only  useful  and  salutary,  but  indlKpe].^ 
to  the  restoration  of  the  body  politic  to  a  on. 
condition;  just  as  some  potent  medicine. vUj 
it  would  be  dangerous  and  absurd  to  pre^ 
to  the  healthy,  may,  to  the  diseased,  be  the « 
means  of  arresting  the  hand  of  death,  Disi 
bution,  as  proposed,  is  not  for  the  prcposun 
and  dangerous  purpose  of  raising  a  rcTenue  J 
distribution,  or  of  distributing  the  surpltu  J 
means  of  perpetuating  a  system  of  duties] 
taxes ;  but  a  temporary  measui-e  to  dispo^l 
an  unavoidable  surplus  while  the  revenue  kl 
the  course  of  reduction,  and  which  cannot  f 
otherwise  disposed  of,  without  greatly  s^ 
ing  a  disease  that  threatens  the  most  danpg 
consequences;  and  which  holds  out  hope. 
only  of  arresting  its  further  progress,  hut  i 
of  restoring  the  body  politic  to  a  state  of  W 
and  vigor.   The  truth  of  this  assertion  a  feirij 
scrvations  will  suffice  to  illustrate. 

•'  It  must  be  obvious^  on  a  little  reflectiowil 
the  eflfects  of  distribution  of  the  surplus  rd 
be  to  place  the  interests  of  the  States,  o«j 
quest  ions  of  expenditure,  in  opposition  to  ( 
P'^iiditure,  as  every  reduction  of  expense m 
necessarily  increase  the  sum  to  be  distrilx 
among  the  States.     The  effect  of  this  wodUI 
to  convert  them,  through  their  interests,  i 
faitliful  and  vigilant  sentinels  on  the  $i(li| 
economy  and  accountability  in  the  expenA 
of  this  government ;  and  would  thus  povee 
tend  to  restore  the  government,  in  its  I 
action,  to  the  plain  and  honest  Bimplicitjoff 
mer  days. 

"  It  may,  perhaps,  be  thought  by  some  ll 
the  power  which  the  distribution  amon^j 
States  would  bring  to  bear  against  the  ap 
turo  and  its  consequent  tendency  to : 


ANNO  1835.    ANDREW  JACKSON.  rRESIDF.NT. 


550 


Itsedi-biirspmcnU  of  the  povcmment,  would  l>; 

I  Uronp.  a«  "ot  only  to  curtail  useleM  "^r  ira- 

Iwflprr  cxpcmliture,  but  also  the  upcful  •    '  ne- 

rliin-.    Such,  undoubtedly,  would   ,0         uon- 

lucnce,  if  the  process  were  too  longo-    rivicd ; 

I  in  the  present  irregular  and  excess.vo  .vction 

U|hc  pvstem,  when  its  centripetal  force  thrcat- 

W  to  concentrate  all  its  powers  in  a  single  de- 

kuimcnt,  tiio  fear  that  the  action  of  this  govem- 

Lnt  will  be  too  much  reduced  by  the  measure 

^iilor  consideration,  in  the  short  period  to  which 

t  \i  proposed  to  limit  its  operation,  is  without 

L^t  foundation.     On  the  contrary,  if  the  pro- 

-o^td  mensiire  should  be  applied  in  the  present 

|i!cased  state  of  the  government,  its  effect  would 

L  like  that  of  some  powerful  alterative  medi- 

L|e  operating  just  long  enough  to  change  the 

lres«nt  morbid  action,  but  not  sufficiently  long 

)  superinduce  another  of  an  opposite  charac- 

•  But  it  may  bo  objected  that,  though  the  dis- 
ribution  might  reduce  all  useless  expenditure, 
[would  at  the  same  time  give  additional  power 
J  the  interest  in  favor  of  taxation.    It  is  not 
jtnied  that  such  would  be  its  tendency ;  and, 
ithe  danger  from  increased  duties  or  taxes  was 
t  this  time  as  great  as  that  from  a  surplus  re- 
jiue,  the  objection  would  be  fatal ;  but  it  is 
nfidently  believed  that  such  is  not  the  case. 
ji  the  contrary,  in  proposing  the  measure,  it  is 
pumed  that  the  act  of  March  2,  1833,  will  re- 
(in  undisturbed.    It  is  on  the  strength  of  this 
teumption  that  the  measure  is  proposed,  and, 
[it  is  believed,  safely  proposed. 
"  It  maj',  however,  be  said  that  the  distribu- 
U  niay  create,  on  the  part  of  the  States,  an 
elite  in  its  favor  which  may  ultimately  lead 
I'its  adoption  nn  a  permanent  measure.    It  ma^ 
[deed  tend  to  excit*  such  an  appetite,  short  as  is 
!  period  proposed  for  its  operation ;  but  it  is 
itIous  that  this  danger  is  far  more  than  coun- 
■vailed  by  the  fact  that  the  proposed  amend- 
knt  to  the  constitution  to  authorize  the  distri- 
Jtion  would  place  the  power  beyond  the  reach 
(legislative  construction ;  and  thus  efifectually 
^vent  the  possibility  of  its  adoption  as  a  per-" 
nent  measure ;  as  it  cannot  be  conceived  that 
^fourths  of  the  States  will  ever  assent  to 
i  amendment  of  the  constitution  to  authorize 
istribution,  except  as  an  extraordinary  mea- 
i.applicable  to  some  extraordinary  condition 
khe  country  like  the  present. 
JGiTlng,  however,  to  these  and  other  objections 
|ch  may  be  urged,  all  the  force  that  can  be 
ned  for  them,  it  must  be  remembered  the 
^stion  is  not  whether  the  measure  proposed 
r  is  not  liable  to  this  or  that  objection,  but 
kther  any  other  less  objectionable  can  be 
'  led ;  or  rather,  whether  there  is  any  other, 
Ich  promises  the  least  prospect  of  relief,  that 
I  be  applied.    Let  not  the  delusion  prevail 
t  the  disease,  after  running  through  its  natu- 
ourse.  will  terminate  of  itself,  without  fatal 
lequences.    Experience  is  opposed  to  such 
icipations.    Many  and  striking  are  the  ex- 


amples of  free  States  perishin;:  under  that  e.xrcss 
of  patronage  which  now  ntllirts  onr^.  It  niay, 
in  fact,  1)0  said  with  truth,  that  nil  or  nearly 
all  diseases  which  atllict  fitc  govenmu't>t.s  may 
be  traced  directly  or  indirectly  to  cxn^s  of  re- 
venue and  oxpendiiure ;  the  cliect  of  which  is  to 
rally  around  the  government  a  powerful,  cor- 
rupt, and  subservient  corps — a  corps  ever  obe- 
dient to  its  will,  and  ready  to  sustain  it  in  every 
measure,  whether  right  or  wrong ;  and  which, 
if  the  cause  of  the  disease  l>e  not  enidicated, 
must  ultimately  render  the  government  stronger 
than  the  i)eople. 

"  AVhat  progress  this  dangerous  disease  has 
already  made  in  our  country  it  is  not  for  your 
committee  to  say  j  but  when  they  rcHwt  on  tho 
present  symptoms ;  on  the  almost  unbounded 
extent  of  executive  patronage,  wielded  by  a  sin- 
gle will ;  tho  surplus  revenue,  which  cannot  bo 
reduced  within  proper  limits  in  less  than  seven 
years — a  period  which  covers  two  presidential 
elections,  on  both  of  which  all  this  mighty  power 
and  influence  will  be  brought  to  bear ;  and  when 
they  consider  that,  with  the  vast  patronage  and 
influence  of  this  government,  that  of  all   tho 
States  acting  in  concert  with  it  will  be  com- 
bined, there  are  just  grounds  to  fear  that  the 
fate  which  has  befallen  so  many  other  free  gov- 
ernments must  also  befall  ours,  unless,  indeed, 
some  effectual  remedy  be  forthwith   applied. 
It  is  under  this  impression  that  your  committee 
have  suggested  the  one  proposal ;   not  as  free 
from  all  objections,  but  as  the  only  one  of  suHi- 
cient  power  to  arrest  the  disease  and  to  restore 
the  body  politic  to  a  sound  condition ;  and  they 
have  accordingly  reported  a   resolution  so  to 
amend  the  constitution  that  the  money  remain- 
ing in  the  treasury  at  the  end  of  each  year  till 
tho  1st  of  January,  1843,  deducting  therefrom 
the  sum  of  ^2,000,000  to  meet  current  and  con- 
tingent expenses,  shall  annually  be  distributed 
among  the  States  and  Territories,  including  the 
District  of  Columbia;  and,  for  that  purpose, 
the  sum  to  be  distributed  to  be  divided  into  as 
many  shares  as  there  are  senators  and  i-epre- 
sentatives  in  Congress,  adding  two  for  each  ter- 
ritory and  two  for  the  District  of  Columbia ;  and 
that  there  shall  be  allotted  to  each  State  a  num- 
ber of  shares  equal  to  its  representation  in  both 
Houses,  and  to  the  teiTitories,  including  the  Dis- 
trict of  Columbia,  two  shares  each.     Supposing 
the  surplus  to  be  distributed  should  average 
$9,000,000  annually,  as  estimated,  it  would  give 
to  each  share  §30,405 ;  which  multiplied  by  the 
number  of  senators  and  representatives  from  a 
State  will  show  the  amount  to  which  any  State 
will  be  entitled." 

The  report  being  here  introduced  to  speak  for 
itself!  the  reply  also  is  introduced  as  delivered 
upon  the  instant,  and  found  in  the  Congress 
register  of  debates,  tnus : 

"  Mr.  Benton  next  came  to  the  proposition  in 


.ICO 


Timi'n'  YEARS'  VIEW. 


the  report  to  arnciul  the  constitntion  for  ciuht 
years,  to  oimble  Confrress  to  make  distribution 
amonp;  the  States,  Territories,  and  District  of 
Columbia,  of  the  annual  surplus  of  public 
money.  The  surplus  is  carefidly  calculated  at 
<iH>,OU(XOO0  p>er  annum  for  eight  years ;  and  the 
rule  of  distribution  assumed  poes  to  divide  that 
sum  into  as  many  shares  as  there  are  senators 
and  representatives  in  Congress ;  each  State  to 
take  shares  according  to  her  representation ; 
which  the  report  shows  would  give  for  each 
share  precisely  ^30,405 ;  and  then  leaves  it  to 
the  State  itself,  by  a  little  ciphering,  in  multi- 
I)lying  the  aforesaid  sum  of  ,^30,405  by  the 
whole  ntmibur  of  senators  and  representatives 
which  it  may  have  in  Congress,  to  calculate  the 
annual  amount  of  the  stipend  it  would  receive. 
This  process  the  report  extends  through  a  pe- 
riod of  eight  years ;  so  that  the  whole  sum  to 
be  divided  to  the  States,  Territories,  and  Dis- 
trict of  Columbia,  will  amount  to  seventy-two 
millions  of  dollars. 

"  Of  all  the  propositions  which  he  ever  wit- 
nessed, brought  forward  to  astonish  the  senses, 
to  confound  recollection,  and  to  make  him 
doubt  the  reality  of  a  past  or  a  present  scene, 
this  proposition,  said  Mr.  B.,  eclipses  and  dis- 
tances the  whole !  What !  the  Senate  of  the 
United  States — not  only  the  same  Senate,  but 
the  same  members,  sitting  in  the  same  chairs, 
looking  in  each  others'  faces,  remembering  what 
each  had  said  only  a  few  short  months  ago 
— now  to  be  called  upon  to  make  an  altera- 
tion in  the  constitution  of  the  United  States, 
for  the  pupose  of  dividing  seventj'-two  millions 
of  surplus  money  in  the  treasury ;  when  that 
same  treasury  was  proclaimed,  affiiined,  vatici- 
nated, and  proved,  upon  calculations,  for  the 
whole  period  of  the  last  session,  to  be  sinking 
into  bankruptcy !  that  it  would  be  destitute  of 
revenue  by  the  end  of  the  year,  and  could  never 
be  replenished  until  the  deposits  were  restored ! 
the  bank  rechartered !  and  the  usurper  and  dcs- 

Eot  driven  from  the  high  place  which  he  dis- 
onored  and  abused  I  This  was  the  cry  then ; 
the  cry  which  resounded  through  this  chamber 
for  six  long  months,  and  was  wafled  upon  every 
brreze  to  every  quarter  of  the  Republic,  to 
alarm,  agitate,  disquiet  and  enrage  the  people. 
The  author  of  this  report,  and  the  whole  party 
with  which  he  marched  under  the  oriflamme 
of  the  Bank  of  the  United  States,  filled  the 
Union  with  this  cry  of  a  bankrupt  treasury,  and 
predicted  the  certain  and  speedy  downfall  of  the 
administration,  from  the  want  of  money  to -carry 
on  the  operations  of  the  government. 

"  [Mr.  Calhoun  here  rose  and  wished  to  know 
of  Mr.  Benton  whether  be  meant  to  include  him 
in  the  number  of  those  who  had  predicted  a 
deficiency  in  the  revenue.] 

"  Mr.  B,  said  he  would  answer  the  gentleman 
by  telling  him  an  anecdote.  It  was  the  story 
of  a  drummer  taken  prisoner  in  the  low  coun- 
tries by  the  videttes  of  Mai-shal  Saxe,  under 
circumstances  wliich  deprived  him  of  the  pro- 


tection of  the  laws  of  war.  About  to  !;« ,ii,.  I 
the  poor  drummer  plead  in  his  dufonof  tint  u  I 
was  a  non-combatant ;  he  did  not  ttjihi  and  I'i  I 
people  ;  he  did  nothing,  he  said,  but  beat  u  I 
drum  in  the  rear  of  the  line.  But  he  wasn.! 
swcred,  so  much  the  worse ;  that  he  nuulc  oiImI 
people  fight,  and  kill  one  another,  liy  (Irinj.! 
them  on  with  that  drum  of  his  in  tlic  rcir^l 
the  line ;  and  so  he  should  suiTer  for  it.  j|,| 
B.  hoped  that  the  story  would  be  iindcnit^l 
and  that  it  would  bo  received  by  the  gentium,  I 
as  an  answer  to  his  question  ;  as  neither  in  j^  I 
politics,  nor  war,  was  there  any  (lifl'ercncci^l 
tween  what  a  man  did  by  himself,  and  di.i  \A 
another.  Bo  that  as  it  may,  said  Mr.  X\iA 
strangeness  of  the  scene  in  which  wc  are  noil 
engaged  remains  the  same.  Last  year  it  wiij 
bankrupt  treasury,  and  a  beggared  govcmraciit| 
now  it  is  a  treasury  gorged  to  biirstins;  vrJtJ 
surplus  millions,  and  a  govemmtnl  frnmiiliiij 
down  liberty,  contaminating  morals,  briljiiii;aiii| 
wielding  vast  masses  of  people,  from  tlie  uniB-l 
ployable  funds  of  countless  treasures.  Sudani 
the  scenes  which  the  two  sessions  present ;  aij 
it  is  in  vain  to  deny  it,  for  the  fatal  spetcheidl 
that  fatal  session  have  gone  forth  to  u'Mhclj . 
ders  of  the  republic.  They  were  printed  kiiL 
by  the  myriad,  franked  by  members  by  the  tul 
weight,  freighted  to  all  parts  by  a  decried  i 
overwhelmed  Post  Office,  and  paid  fur! 
for  I  by  whom  ?  Thanks  for  one  thing,  at  leasil 
The  report  of  the  Finance  Conunittec  on  i 
bank  (Mr.  Tyler's  report)  efiected  tlie  exhui 
tion  of  one  mass — one  ma.ss  of  hidden  l 
buried  putridity ;  it  was  the  printing  acconi 
of  the  Bank  of  the  United  States  fur  that  i 
sion  of  Congress  which  will  long  live  in  i 
history  of  our  country  under  the  odious  ap| 
lation  of  the  panic  session.  That  printing  i 
count  has  been  dug  up;  is  the  black  vomit d 
the  bank !  and  he  knew  the  medicine  whi 
could  bring  forty  such  vomits  from  tlie  foal 
stomach  of  the  old  red  harlot.  It  was  tliei<i 
dicine  of  a  committee  of  investigation,  con>tif 
tuted  upon  parliamentary  principles ;  a  nm 
tee,  composed,  in  its  majority,  of  those  nU 
charged  misconduct,  and  evinced  a  disposiiii 
to  probe  every  ohai^e  to  the  bottom ; 
committee  as  the  Senate  had  appointed,  at  li 
same  session,  not  for  the  bank,  but  fur  thep 
ofiicc. 

"  Yes,  exclaimed  Mr.  B.,  tlot  only  the  tie 
sury  was  to  be  bankrupt,  but  the  currency! 
to  be  ruined.    There  was  to  be  no  money.  " 
trash  in  the  treasury,  what  little  there  i 
was  to  be  nothing  but  depreciated  paper,  i 
vile  issues  of  insovlcnt  pet  banks.    Silver,  i 
United  States  bank  notes,  and  even  good  1 
of  exchange,  were  all  to  go  off,  all  to  take  hi 
and  make  their  mournful  exit  together; 
gold !  that  was  a  trick  unworthy  of  ( 
nance ;  a  gull  to  bamboozle  the  simple,  andlj 
insult  the  intelligent^  until  the  fall  elc( 
were  over.    Ruin,  rum,  ruin  to  the  cui 
was  the  lugubrious  cry  of  the  day,  and  Ikii 


ANvo  ij33.   ANr)i:nw  jackson.  riaMr)ENT. 


501 


of  war.     Abonttol«s^l 
plead  i"  '>'"  Jt'ffna-  thitkjl 
int ;  he  dill  not  llirlit  ami  tjl 
hinR,  lie  said,  b\il  Ww  bl 
of  the  line.     But  he  was  1^1 
tic  worse ;  that  he  inwli;  ()il<,| 
iill  one  another,  hy  (Iriva,! 
t  drum  of  his  in  the  rear  of  I 
he  should  suffer  for  it.  Jlr.l 
Btory  would  be  undcrmijoil 
bo  received  by  the  gentlmujl 
is  question  ;  as  neither  in  Im.I 
^  was  there  any  dill'ercnccWl 
ri  did  by  himself,  and  dil  kyl 
t  as  it  may,  said  Mr,  15.,il,| 

0  scene  in  which  wc  are  noil 
the  same.  Last  year  it  wm  J 
y.  and  a  bcpgared  jrovemmcwl 
jury  gorpcd  to  biirstinj;  »itil 

and  a  govcrnmeiil  tram[iliiiil 
ttaminating  morals,  bribinj!  nail 
isses  of  people,  from  the  murl 
if  countless  treasures.  Sucliml 

1  the  two  sessions  present;  udl 
eny  it,  for  the  fatal  spcechatjl 
1  have  gone  forth  to  al'theWT 
iblic.  They  were  printed  kt. 
franked  by  members  by  ilit  m 
A  to  all  parts  by  a  decried  i 
est  OfBce,  and  paid  for!  f. 

Thanks  for  one  thing,  at  \m\ 
the  Finance  Committee  on  i' 
Ir's  report)  effected  the  exhiu 
nass — one  ma.ss  of  hidden  i 
y ;  it  was  the  printing  accoB! 
the  United  States  for  that  h 
SB  which  will  long  live  in  t 
30untry  imder  the  odious  ap[tlj 
anic  session.  That  printing  kJ 
I  dug  up;  13  the  black  voMtd 
i  he  knew  the  medicine  uU 
rty  such  vomits  from  tlie  id 
old  red  harlot.  It  was  the  mH 
mmittee  of  investigation,  co» 
liamentary  principles ;  aromnia 

in  its  majority,  of  those  »U 
iduct,  and  evinced  a  dispositid 

charge  to  the  bottom;  mU 
the  Senate  had  appointed,  at  iH 
lot  for  the  bank,  but  for  t'-" 

iraed  Mr.  B.,  ilot  only  the  K 
5  bankrupt,  but  the  currency 
There  was  to  be  no  money. 
treasury,  what  little  there 
ihing  but  depreciated  paper, 
insovlent  pet  banks.    Silver, 
bank  notes,  and  even  pood 
rere  all  to  go  off,  all  to  take  b 
eir  mournful  exit  together;" 
as  a  trick  unworthy  of « 

to  bamboozle  the  simpl«',»!^ 
telligent,  untU  the  fall  ele^ 
luin7  ruin,  ruin  to  the  cu. 

,riouscry  of  theday.andtbei 


purfiilbiirlen  of  the  speech  for  si.x  Ion?  niontha. 
\„5r,  (in  the  ontrary,  it  stems  to  1)C  admittcil 
ilut  there  is  to  be  money,  it-al  good  money,  in 
|A^,  ,n.a.«ury,  such  as  the  fiercest  liator.s  of  the  ; 
i»i  l)iink<  woiihl  wish  to  have  ;  and  that  not  a  j 
jiiile,  since  seventy-two  millions  of  surpluses  | 
i«re  nropi'sed    to  Imj   drawn   from   that  same  \ 
nipty  treasury  in  the  brief  space  of  eight  years,  i 
i>,it  a  word  siljout  ruined  currency  now.    Not  a 
.nl  about  the  currency  itselfl    Tlic  very  word 
ms  to  be  dropped  from  the  vocabulary  of  gen- 
Jenien,  AH  lips  closed  tight,  all  tongues  hushed 
till,  all  allusion  avoided,  to  that  once  dear 
ihrase.    Tlie  silver  currency  doul)led  in  a  year ; 
ur  millions  of  gold  coins  in  half  a  year ;  ex- 
jn'cs  reduced  to  the  lowest  and  most  uniform 
,tes ;  the  whole  expenses  of  Congress  paid  in 
,1(1;  working  people  receiving  gold  and  silver 
ir  their  ordinary  wages.     Such  are  the  results 
hieh  have  confounded  the  prophets  of  wo, 
enwl  the  tongues  of  Inmentation,  expelled 
,.  word   currency    from    our  debates;  and 
.ught  the  people  to  question,   if  it  cannot 
■ini' themselves,  to  doubt,  the  future  infalli- 
llitv  of  those  undaunted  alarmists  who  still 
forward  with  new  and  confident  predictions, 
itffithstanding  they  have  been  so  recently  and 
conspicuously  deceived  in  their  vaticinations 
a  ruined  currency,  a  bankrupt  treasury,  and 
jbepprd  government. 
But  here  wc  are,  said  Mr.  B.,  actually  en- 
d  m  a  serious  proposition  to  alter  the  con- 
ftution  of  the  United  States  for  the  period  of 
t  years,  in  order  to  get  rid  of  surplus  reve- 
le;  and  a  most  dazzling,  seductive,  and  fasci- 
iting  echcme  is  presented ;  no  less  than  nine 
llions  a  year  for  eight  consecutive  years.    It 
ik  like  wildfire,  Mr.  B.  said,  and  he  had  seen 
ember— no,  that  might  seem  too  particular 
le  had  seen  a  gentleman  who  looked  upon  it 
establishin;»  a  new  era  in  the  affairs  of  our 
lerica,  establishing  a  new  test  for  the  forma- 
of  parties,  bringing  a  new  question  into  all 
elections.  State  and  federal ;  and  operating 
political  salvation  and  elevation  of  all  who 
iported  it  and  the  immediate,  utter,  and  irre- 
ivable  political  damnation  of  all  who  opposed 
But  Mr.  B.  dissented  from  the  novelty  of 
scheme.    It  was  an  old  acquaintance  of  his, 
new  vamped  and  new  burnished,  for  the 
fent  occasion.    It  is  the  same  proposition, 
to  be  accomplished  in  a  different  way, 
ich  was  brought  forward,  some  years  ago,  by 
nator  from  New  Jersey  (Mr.  Dickerson) 
which  then  received  unmeasured  condem- 
lon,  not  merely  for  unconstitutionality,  but 
ill  its  effects  and  consequences :  the  degra- 
n  of  mendicant  States,  receiving  their  an- 
allowance  from  the  bounty  of  the  federal 
mment;  the  dcbauchment  of  the  public 
lis,  when  every  citizen  was  to  look  to  the 
treasury  for  money,  and  every  candidate 
iffice  was  to  outbid  his  competitor  in  offer- 
it;  the  consolidation  of  the  States,  thus  re- 
injt  frara  a  central  supply  of  revemio ;  the 
Vol.  I.— 3() 


follv  of  colleefiiis;  with  one  hand  to  pay  bai'k 
with  Iheottur;  iiml  lioth  liaiuls  to  be  ^Tti'i^od  iit 
the  exjiense  of  the  eifizin,  who  pays  <.nc  iiiim  to 
«)llcct  the  money  fi-vii  him,  niid  tiiioliier  to 
bring  it  back  to  him,  miuKu  the  interest  and  the 
cost  of  a  double  operatinn  in  fetchiny:  and  carry- 
ini*;  and  the  eventual  and  inevitable  pr(>;:ress 
of  tfie  .scheme  to  the  jdunikT  of  the  weaker  half 
of  the  Union  by  the  stronger ;  when  the  stronger 
half  wouM  uiuloubtedly  throw  the  whole  bur- 
den of  raising  the  money  ujjon  the  weaker  half, 
and  then  take  the  main  portion  to  tliemselves. 
Such  were  the  main  objections  uttered  apainst 
this  plan,  seven  years  ago,  when  a  piiUaiit  son 
of  South  Carolina  (General  Hayne)  stood  by 
his  (Mr.  B.'s)  side — no,  stood  before  hin^ — and 
led  nim  in  the  fight  against  that  fatal  and  delu- 
sive scheme,  now  brought  forward  imder  a  more 
sedusive,  dangerous,  alanning,  inexcusable,  un- 
justifiable, and  demoralizing  form. 

'•  Yes,  .said  Mr.  B.,  it  is  not  only  the  revival 
of  the  .same  plan  for  dividing  surplus  revenue, 
which  received  its  condemnation  on  this  floor, 
seven  or  eight  years  ago ;  but  it  is  the  modifica- 
tion, and  that  in  a  form  infinitely  worse  for  the 
new  States,  of  the  famous  land  bill  which  now 
lies  upon  our  table.  It  takes  up  the  object  (T 
that  bill,  and  runs  away  with  it,  giving  nine  mil- 
lions where  that  gave  three,  and  leaves  the  au- 
thor of  that  bill  out  of  sight  behind ;  and  can 
the  gentleman  from  South  Carolina  (Mr.  Cal- 
houn) be  so  short-sighted  as  not  to  see  that 
somebody  will  play  liim  the  same  prank,  and 
come  forward  with  propositions  to  raise  and  di- 
vide twenty,  thirty,  forty  millions ;  and  thus  out- 
leap,  outjump,  and  outrun  him  in  the  nice  of 
popularity,  just  as  far  as  he  himself  has  now 
outjumped,  outleapcd,  and  outran,  the  author  of 
the  land  distribution  bill  ? 

"  Yes,  said  Mr.  B.,  this  scheme  for  dividing 
surplus  revenue  is  an  old  acqimintance  on  this 
floor;  but  never  did  it  come  upon  this  floor  at  a 
time  so  inauspicious,  under  a  form  so  question- 
able, and  upon  assumptio!is  so  unfounded  in  fact, 
so  delusive  in  argumeiif.  He  would  speak  of 
the  inauspiciousness  of  the  time  hereafter;  at 
present,  he  would  take  positions  in  direct  con- 
tradiction to  nil  the  arguments  of  fact  and  ra- 
son  upon  which  this  monstrous  scheme  of  dis- 
tribution is  erected  and  defended.  Condensed 
into  their  essence,  these  arguments  ar" : 

"  1.  That  there  will  be  a  surplus  of  nine  mil- 
lions annually,  for  eight  years. 

"  2.  That  there  is  no  way  to  reduce  the  reve- 
nue. 

'•  3.  That  there  is  no  object  of  general  utility 
to  which  these  surpluses  can  be  applied. 

"4.  That  distribution  is  the  only  way  to  car- 
ry them  off  without  poisoning  and  corrupting 
the  whole  body  i)olitic. 

"  Mr.  B.  disputed  the  whole  of  tho.=e  proposi- 
tions, and  would  undertake  to  show  e.*\ch  to  be 
unfounded  and  erroneous. 

"  1.  The  report  says  that  the  surplus  will  pro- 
bably equal,  on  the  average,  for  the  next  eight 


■ip 


.0G2 


THIRTY  YKARS'  VIi:\V. 


iiJ'iP'i'iM  '■  '.\. 


mk 


ycftrH,  tlic  mm  of  sn,0()ft,non  l)cyond  the  just 
w.ints  of  the  povcrmnfiit ;  and  in  a  subsequent 
part  it  says,  eiipposin}?  the  surphis  to  be  distri- 
buted  should  avcrntro  ^'J,0()0,()0(),  annually,  as 
estimated,  it  would  (;ive  to  each  share  $130,405, 
which,  multiplied  by  the  senators  and  represen- 
tatives of  any  State,  would  show  the  sum  to 
which  it  would  be  entitled.  The  amendment 
which  has  Ijeen  reported  to  carry  this  distribu- 
tion into  eflect  is  to  take  eflcct  for  the  j-ear  1835 
— the  present  year — and  to  continue  till  the  1st 
(lay  of  January,  1843 ;  of  cotirse  it  is  inclusive 
of  1842,  and  makes  a  period  f)f  eipht  years  for 
the  distribution  to  po  on.  The  amendment  con- 
tains a  blank,  w^hich  is  to  be  filled  up  with  the 
sum  which  is  to  be  left  in  tlio  treasury  every 
year,  to  meet  contiufjcnt  and  unexpected  de- 
mands ;  and  the  report  shows  that  this  blank  is 
to  be  filled  with  the  sum  of  §2,000,000.  Here, 
then,  is  the  totality  of  these  surpluses,  eleven 
millions  a  year,  for  eight  consecutive  years ;  but 
of  which  nine  millions  are  to  be  taken  annually 
for  distribution.  Now,  nine  times  eight  are 
seventy-two,  so  that  here  is  a  report  setting 
forth  the  enormous  sum  of  ©72,000,000  of  mere 
surplus,  after  satisfying  all  the  just  wants  of  the 
government,  and  leaving  two  millions  in  the  trea- 
sury, to  be  held  up  for  distribution,  and  to  ex- 
cite the  people  to  clamor  for  their  shares  of  such 
a  great  and  dazzling  prize.  At  the  same  time, 
Mr.  B.  said,  there  would  be  no  such  surplus.  It 
was  a  delusive  bait  held  out  to  whet  the  appe- 
tite of  the  people  for  the  spoils  of  their  country ; 
and  could  never  be  realized,  even  if  the  amend- 
ment for  authorizing  the  distribution  should  now 
jiass.  The  seventy-two  millions  could  never  be 
found ;  they  would  exist  nowhere  but  in  this 
report,  in  the  author's  imagination,  and  in  the 
deluded  hopes  of  an  excited  community.  The 
seventy-two  millions  could  never  be  found ;  they 
would  turn  out  to  be  the  '  fellows  in  Kendal 
green  and  buckram  suits,'  which  figured  so 
largely  in  the  imagination  of  Sir  John  Falstaflf 
— the  two-and-fifty  men  in  buckram  which  the 
valiant  old  knight  received  upon  his  point,  thus ! 
[extending  a  pencil  in  the  attitude  of  defence]. 
The  calculations  of  the  author  of  the  report 
were  wild,  delusive,  astonishing,  incredible.  He 
(Mr.  B.)  could  not  limit  himself  to  the  epithet 
wild,  for  it  was  a  clear  case  of  hallucination. 

"  Mr.  B.  then  took  up  the  treasury  report  of 
Mr.  Secretary  Woodbury,  communicated  at  the 
commencement  of  the  present  session  of  Con- 
gress, and  containing  the  estimates  required  by 
law  of  the  expected  income  and  expenditure  for 
the  present  year,  and  also  for  the  year  1836.  At 
pages  4  and  5  are  the  estimates  for  the  present 
year ;  the  income  estimated  at  $20,000,000,  the 
expendituies  at  $19,083,540 ;  being  a  difference 
of  only  some  three  hundred  thousand  dollars 
between  ^,^e  income  and  the  outlay ;  and  such 
is  tl>e  chanee  for  nine  millions  taken,  and  two 
left  in  the  first  year  of  the  distribution.  At 
pages  10, 14,  15,  the  revenue  for  1830  is  com- 
yuted;  and,  after  going  over  all  the  heads  of 


expense,  on  which  diminuti  >\\<  will  jiroJal.if 
made,  he  computes  the  income  and  ouiIay,f,J* 
year  at  about  equal ;  or  probably  a  litilt'siin.ii* 
to  the  amount  of  one  million.    'l!n ^e  ari  |!^ 
estimates,  said  Mr.  B.,  formed  uj  on  da'a  ,,* 
coming  from  an  officer  making  rcpr.rts  utonC 
responsibility,  and  for  the  le/islativf  culIj,^ 
of  Congress ;  and  to  which  we  are  IioiukJ  to.  >► 
credence  until  they  are  shown  to  Itc  iii(ori,„' 
Hero,  then,  are  the  first  two  years  of  tluiijiij 
disposed  of,  and  nothing  found  in  tlieni  loditKi,  I 
The  last  two  years  of  the  tenn  conM  \^^\^ 
patched  even  more  quickly,  said  Mr,  j; .  f 
every  body  that  understands  the  C()iii],r.i,.l' 
act  of  March,  1833,  must  know  that,  in  il.t]., 
two  years  of  the  operation  of  that  act,  lU 
would  be  an  actual  deficit  in  the  treasury.  Lo 
at  the  terms  of  the  act!    It  prwee(l,"livi,i,^ 
and  insensible  degrees,  making  slight  dwliictiinsj 
once  in  two  years,  until  the  years  \f\\  '^ 
1842,  when  it  ceases  crawling,  and  comnieiiJ 
jumping;  and  leaps  down,  at  two  jumrs  j 
twenty  per  centum  on  tlie  value  of  tfu'  artii 
which  pay  duty,  which  articles  are  less  than 
half  of  our  importations.      Twcntv  jtr  «« 
upon  the  amount  of  goods  which  will  then  t* 
duty  will  produce  but  little,  say  twelve  or  tki' 
teen  millions,  upon  the  basis  of  sixty  or  ee  cti 
millions  of  dutiable  articles  imported  tlien,  wlii( 
only  amount  to  forty-seven  millions  now.  ij 
there  will  be  no  surplus  at  all  for  one  lialf 
period  of  eight  years :  the  first  two  and  tkl. 
two.    In  the  middle  period  of  four  year.?  ik' 
will  probably  be  a  surplus  of  two  or  thwi 
lions ;  but  Mr.  B.  took  issue  upon  all  (he  alk 
lions  with  respect  to  it ;  as  that  there  ffu 
way  to  reduce  the  revenue  without  disturl 
the  compromise  act  of  March,  1833 ;  that  li 
was  no  object  of  general  utility  to  which  it 
be  applied ;  and  that  distribution  was  tk 
way  to  get  rid  of  it. 

"Equally  delusive,  and  profoundly  cm 
ous,  was  the  gentleman's  idea  of  tlie  sui 
which  could  be  taken  out  of  the  appm 
tions.    True,  that  operation  could  be  perfoi 
ed  once,  and  but  once.    The  run  of  our 
sury  payments  show  that  about  one 
of  the  year's  expenditure  is  not  paid  '\tiil 
the  year,  but  the  first  quarter  of  the 
year,  and  thus  could  be  paid  out  of  tiio 
nue  received  in  the  first  quarter  of  the  _ 
year,  even  if  the  revenue  of  the  last  qiianeri 
the  preceding  year  was  thrown  away.   Bet 
was  a  thing  which  could  only  It  done 
You  might  rely  upon  the  first  quarter,  but 
could  not  upon  the  second,  third,  and  foi 
There  would  not  be  a  dollar  in  the  treasni 
the  end  of  four  years,  if  you  deducted  a  qi 
amount  four  times  successively.    It  was  j 
if  a  homely  adage  might  be  allowed,  which 
well  apply — you  could  not  eat  the  cake  and 
it  too.    Mr.  B.  submitted  it,  then,  to  the  S 
that,  on  the  first  point  of  objection  to  the 
his  i.ssue  was  maintained.    There  was  m 
surplus  of  nine  millions  a  year  for  eight,? 


ANNO  183.V     ANDREW  JArKSON*.  PllI^IDKNT. 


563 


limimiti  ■ii'^  will  irolint.lv'K, 
the  income  mid  oiillayifi}, 

;  or  jtrolmbly  a  little  surply 
one  iniUioii.  'lln^c  art  li,, 
•.  IJ.,  formed  iijon  ilataaul 
Beer  making  n J)' rts  \\\,',nhi 

for  the  le^it^liitivi'  i;iii.lai« 
;o  which  wc  arc  bonml  tniitj 
I'  arc  shown  to  he  imorua, 
c  first  two  years  of  tlu'cithtl 
ithinp  found  in  theuitociivKl, 
irs  of  the  term  could  !*& 
ro  quickly,  eaiil  Mr.  I;.;(t,| 

nnder8tands  the  coiiiiirinii*. 
13,  must  know  that,  in  iL^lw 
;  ojicration  of  that  act.  iLtn 
i\  deficit  in  the  treasury,  Loi 
the  act!    It  prwced.', liy >li(t 
crecs,  making  sliplit  duiliictiMB 
irs,  until  the  years  K-U  jjjl 
;asc9  crawling,  and  coiiiumcs 
leaps  down,  at  two  jumjvs. ; 
iim  on  the  value  of  tlu'  iirtd 
which  articles  are  less  th,in  oa 
portations.     Twenty  i*r  kl 
it  of  poods  which  will  then  pJ 
cc  but  little,  say  twelve  or  thif 
pen  the  basis  of  sixty  or  k-  cr.i 
ible  articles  imported  tlmMid 
I  forty-seven  milli  -ns  now.  It-" 
0  surplus  at  all  for  one  halt 

years :  the  first  two  and  the ! 
aiddle  period  of  four  years  tkij 
je  a  surplus  of  two  or  tlm^  ir" 

B.  took  issue  upon  all  the  alle, 
lect  to  it;  as  that  there wa 
,  the  revenue  without  disturl 
?e  act  of  March,  1833 ;  thatti 
of  general  utility  to  which  it . 
\A  that  distribution  was  tk 

i  of  i*-  r      „ 

ielusive,  and  profoundly  ci 

gentleman's  idea  of  the  ehi, 
bo  taken  out  of  the  apprcp 
that  operation  could  be  perfci 
but  once.    The  run  of  our" 
its  show  that  about  one  qt 
3  expenditure  is  not  i^M  n 
it  the  first  quarter  of  the  • 
us  could  be  paid  out  of  the  i 
in  the  first  onartcr  of  the 
the  revenue  of  the  last  quirtaj 
e  year  was  thrown  away.  Bat" 
•  which  could  only  be  done 
'civ  upon  the  first  quarter,  k 
ipon  the  second,  third,  and  fa 
I  not  be  a  dollar  in  the  trcator 
)ur  years,  if  you  deducted  a  qui 
•times  successively.    It«" 
idage  might  be  allowed,  which- 

-vou  could  not  cat  the  cake  an^l 

■^B.  submitted  it,  then,  to  the  h« 

first  point  of  objection  to  thci 

.as  maintained.    There  was  w 

nine  millions  a  year  for  eigLt, 


^^  had  been  a^mimcd,  nor  any  thing  near  it ;  i  nd 
,hi«  ii.««iitnption  being  the  corner-stone  of  the 
irliolcclitlcc  of  the  scheme  of  distribiiti' (i,  it 
na.^'iutfieient  to  show  the  fallacy  of  tl  ,4t  data 
,„|,1()W  the  whole  .«cheme  into  the  er.ipty  air. 

Mr.  B.  admoniBheil  the  Senate  to  In-ware  of 

I  ,.^,|jculc.    To  pass  a  solemn  vote  for  amending 

jho  constitution,  for  the  ptirpose  of  enabling 

t'oncress  to  make  distribution  of  surpluses  of 

L.veinie,  an<l  then  find  no  surplus  to  distribute, 

miiht  les.>«n  tlie  dignity  and  diminish  the  weight 

[of  w  prave  a  body.    It  might  expose  it  to  ridi- 

Ipile ;  and  that  wa.s  a  hard  thing  for  ptiblic  bodies, 

linJ  puW'C  ">'"'!  to  stand.    The  Senate  had  stood 

Iniuch  in  its  time ;  much  in  the  latter  part  of  Mr. 

iMnnroc's  administration,  when  the  Washington 

|ilepubllc:in  habitually  denounced  it  as  a  faction, 

lind  displayed  many  brilliant  essays,  written  by 

k)o  mean  hand,  to  prove  that  the  epithet  was  well 

Lnplicd,  thoupn  applied  to  a  m.ijority.    It  had 

ftiiod  much,  also,  during  the  four  years  of  the 

eoond  Mr.  Adams's  administration  ;  as  the  sur- 

tiving  pages  of  the  defunct  National  Journal 

(ruid'^still  attest :  but  in  all  that  time  it  stood 

^car  of  ridicule ;  it  did  nothing  upon  which 

BiioT  wit  could  lay  its  lash.    Let  it  beware  now ! 

lir  the  passage  of  this  amendment  may  expose 

I  to  untried  peril ;  the  peril  of  song  and  cnrica- 

pR>.   And  wo  to  the  Senate,  farewell  to  its  dig- 

|ity,  if  it  once  gets  into  the  windows  of  the  print- 

hiip,  and  becomes  the  burden  of  the  ballads 

fiiich  the  milkmaids  sing  to  their  cows. 

I  »2.  Mr.  B.  took  up  his  second  head  of  objec- 

The  report  affirmed  that  there  was  no 

isy  to  reduce  the  revenue  before  the  end  of  the 

tolr  1842,  without  violating  the  terms  of  the 

Lmpromise  act  of  March,  1833.    Mr.  B.  said 

I  had  opposed  that  act  when  it  was  on  its  pas- 

.  and  had  then  stated  his  objections  to  it. 

Iwas  certainly  an  extraordinary  act,  a  sort  of 

Iw  constitution  for  nine  years,  as  he  had  hoard 

Ifilicitously  called.    It  was  made  in  an  unusual 

Tinner,  not  precisely  by  three  men  on  an  island 

jthecoa.st  of  Italy,  but  by  two  in  some  room 

|a  boardinj^-house  in  this  city ;  and  then  pushed 

migh  Congress  under  a  press  of  sail,  and  a 

esse  of  feeling ;  under  the  factitious  cry  of 

isolution  of  the  Union,  raised  by  those  who 

i  been  declaring,  ou  one  hand,  that  the  tariff 

kid  not  be  reduced  without  dissolving  the 

lion;  and  on  the  other    that  it  could  not 

jkept  up  without  dissolving  the  same  Union. 

>  value  of  all  such  cries,  Mr.  B.  said,  would 

appreciated  in  future,  when  it  was  seen  with 

r  much  facility  certain  jiersons  who  had  stood 

Her  the  opposite  poles  of  the  earth,  as  it  wore, 

jthe  subject  of  the  tariff,  had  come  together 

Icompromi.'ic  their  opinions,  and  to  lay  the 

if  on  the  shelf  for  nine  years  !  a  period  which 

bed  two  presidential  elections !     That  act 

I  no  favorite  of  his,  but  he  would  let  it  alone; 

I  thus  leaving  it  to  work  out  its  design  for 

1  years,  he  would  say  there  were  ways  to  i-e- 

!  the  revenue,  very  sensibly,  without  atfect- 

[ths  terras  or  th?  spirit  of  that  act.    And 


hero  he  would  sponk  upon  data,  fie  hud  the 
authority  of  the  .St-rntnry  of  tlie  Trcusiiry  (.Mr. 
Woodbury)  to  (Urlan-  that  he  iKliivrd  lie Coiilil 
reduce  the  revenue  in  this  wav  and  upon  import ■* 
to  the  amount  of  tivehunclreij  tlioiisuiul  dollar- ; 
and  he,  Mr.  H.,  siinuM  Milmiit  a  re.soluticni  call- 
ing upon  the  Secretary  to  tuniish  the  dciaii.s  oi" 
this  wduction  to  the  Senate  at  the  coiunuiic  - 
ment  of  their  next  stated  scs.sinn,  lli;»t  ('"iign  s 
might  act  upon  it.  Further,  .Mr.  15.  would  si 
that  it  appeared  to  him  that  the  whole  li.>t  ol' 
articles  in  the  fifth  section  of  the  act,  nmiuintiriL; 
to  thirty  or  forty  in  number,  and  which  by  that 
.section  arc  to  be  frt«  of  duty  in  lM42,nnd  wliichin 
his  opinion  might  be  maih'five  this  day.and  that, 
not  only  without  injuiry  to  the  manufacturers, 
but  with  such  manifest  advantage  to  them.  that. 
as  an  oqiiivatent  for  it,  and  for  the  sake  of  ob- 
taining it,  they  ought  to  come  forward  of  tlieni- 
selves,  and  make  a  voluntary  concession  of  re- 
ductions on  some  other  point.s,  especially  on 
some  classes  of  woollen  good.*, 

"  Having  given  Mr.  Woodbury's  authority  f<'." 
a  reduction  of  lS500,0()()  on  imports,  Jlr.  15. 
would  show  another  source  from  which  a  much 
larger  reduction  could  be  made,  and  that  with- 
out affecting  this  famous  act  of  March.  18:!3,  in 
another  and  a  different  quarter ;  it  was  in  tlio 
AVestcm  quarter,  the  new  States,  the  jjublic 
I  lands  I  The  act  of  1833  did  not  '^mbr.ice  this 
source  of  revenue,  and  Congress  was  free  to  act 
upon  it,  and  to  give  the  people  of  the  new  States 
the  same  relief  on  the  purchase  of  the  article  on 
which  they  chiefly  paid  revenue  as  it  had  done 
to  the  old  States  in  the  reduction  of  the  tariti". 
Mr.  B.  did  not  go  into  the  worn-out  and  explod- 
ed objections  to  the  reduction  of  the  price  of  the 
lands  which  the  report  had  gathered  up  from 
their  old  sleeping  places,  and  presented  again  to 
the  Senate.  Speculators,  monopolies,  the  fall  in 
the  price  of  real  estate  all  over  the  Union  ;  the.-e 
were  exploded  fallacies  which  he  was  sorry  tc 
see  paraded  here  again,  and  which  he  should  not 
detain  the  Senate  to  answer.  Suflice  it  to  say, 
that  there  is  no  application  made  now,  made 
heretofore,  or  intended  to  be  made,  so  far  as  he 
knew,  to  reduce  the  price  of  new  land !  One 
dollar  and  a  quarter  w.is  low  enough  for  the  first 
choice  of  new  lands;  but  it  was  not  low  enough 
for  the  second,  third,  fourth,  and  fifth  choices  ! 
It  was  not  low  enough  for  the  refu.se  lands  which 
had  been  five,  ten,  twenty,  forty  years  in  market ; 
and  which  could  find  no  purchaser  at  .^1  '2r),  for 
the  solid  reason  that  they  were  worth  but  the 
half,  the  quarter,  the  tenth  part,  of  that  sum. 
It  was  for  such  lands  that  reduction  of  prices 
was  sought,  and  had  been  sought  for  many  years, 
and  would  continue  to  be  sought  until  it  was 
obtained ;  for  it  was  impossible  to  believe  that 
Congress  would  persevere  in  the  flagrant  injus- 
tice of  for  ever  refusing  to  reduce  the  price  of  re- 
fuse and  unsalable  lands  to  their  actual  value. 
The  policy  of  President  Jackson,  communicated 
in  his  messages,  Mr.  B.  said,  was  the  policy  of 
wisdom  and  justice.    IIewasfordi,s|iosiiig-oftha 


5CA 


TIIIUTY  YEARS'  VIEW. 


¥^n 


luiiils  iiioro  for  the  purpose  of  proinotinfj  scttle- 
iiiLiits,  ami  crt'atinir  freeholders,  than  for  the 
jdirposc  of  exactin(j;  revenue  from  the  meritori- 
{Hi6  cloh^  (if  citizens  who  cultivate  the  soil.  He 
woiilil  sell  the  lands  at  prices  wliich  would  pay 
(•x|)ensfs — the  cx|)ensc  of  acquiring  them  from 
the  Indians,  and  surveying  and  KellinR  them; 
jiiid  this  system  of  moderate  prices  with  dona- 
tions, or  nominal  sales  to  actual  settlers,  would 
tlo  Justice  to  the  new  States,  and  etlect  a  sensible 
iv'Inclion  in  the  revenue ;  enough  to  prevent  the 
7ioces»ity  of  amending  the  constitution  to  get  rid 
ol  nine  million  surpluses  I  But  whether  the 
{irice  of  lands  was  reduced  or  not,  Mr.  M.  said, 
the  revenue  from  that  source  would  soon  be  di- 
minished. The  revenue  had  been  exorbitant 
trom  the  sale  of  lands  for  three  or  four  years 
patjt.  And  why  ?  Precisely  because  immense 
bodies  of  new  lands,  and  nmch  of  it  in  the  States 
adapted  to  the  production  of  the  great  staples 
which  now  bear  so  high  a  price,  have  within  that 
jwiiod,  come  into  market ;  but  these  fresh  lands 
must  soon  be  exhausted ;  the  old  and  refuse  only 
remain  for  sale ;  and  the  revenue  from  that 
•source  will  sink  down  to  its  former  usual  amount, 
instead  of  remaining  at  three  millions  a  year  for 
nine  years,  as  the  report  assumes. 

*•  3.  "When  he  had  thus  shown  that  a  diminu- 
tion of  revenue  could  be  effected,  both  on  imports 
and  on  refuse  and  unsalable  lands,  Mr.  B.  took 
up  the  third  issue  which  he  had  joined  with  the 
ivport;  namely,  the  possibility  of  finding  an 
object  of  general  utility  on  which  the  surpluses 
could  be  expended.  The  report  affirmed  there 
w  as  no  such  object ;  he,  on  the  contrary,  affirm- 
ed that  there  were  such  ;  not  one,  but  several, 
not  only  useful^  but  necessary,  not  merely  ne- 
cessary, but  exigent;  not  exigent  only,  but  in 
tliJ  highest  possible  degree  indispensable  and 
essential.  He  alluded  to  the  %vhole  class  of 
measures  connected  with  the  general  and  per- 
manent defence  of  the  Union !  In  peace,  prepare 
for  war  I  is  the  admonition  of  wisdom  in  all  ages 
and  in  all  nations ;  and  sorely  and  grievously 
hiis  our  America  heretofore  paid  for  the  neglect 
of  that  admonition.  She  has  paid  for  it  in  blood, 
in  money,  and  in  shame.  Are  we  prepared  now? 
And  is  there  any  reason  why  we  should  not  pre- 
pare now  ?  Look  at  your  maritime  coast,  from 
Passamaquoddy  ]}ay  to  Florida  point;  your  gulf 
oast,  from  Florida  point  to  the  Sabine ;  your 
lake  frontier,  in  its  whole  extent.  What  is  the 
picture  ?  Almost  destitute  efforts ;  and,  it  might 
be  said,  quite  destitute  of  armament.  Look  at 
your  armories  and  arsenals — too  few  and  too 
empty ;  and  the  West  almost  destitute !  Look 
at  your  militia,  many  of  them  mustering  with 
corn  stalks ;  the  States  deficient  in  arms,  especial- 
ly in  field  artillery,  and  in  swords  and  pistols 
fop  their  cavalry !  Look  at  your  navy ;  slowly 
increasing  under  an  annual  appropriation  of  half 
u  million  a  year,  instead  of  a  whole  million,  at 
which  it  was  fixed  soon  after  the  late  war,  and 
from  which  it  was  reduced  some  years  ago,  when 
money  ran  low  in  the  treasury !    Look  at  your 


dock-yards  and  navy-yards  ;  thinly  dottwial,.,, 
the  maritime  coast,  and  hardly  seen  at  nil  un  li 
gulf  coast,  where  the  whole  South,  an<l  tht  g:,^. 
West,  so  imperiously  demand  naval  prottctif.r, 
Such  is  the  picture;  such  the  state  of  our  coun- 
try ;  such  its  state  at  this  time,  when  even  tV 
most  unobservant  should  see  something  to  inni,, 
us  think  of  defence !    Such  is  the  state  of  i  „  i 
defences  now,  with  which,  oh!  strange  and  wur.. 
derful  contradiction !  the  administration  u  nw  I 
reproached,  reviled,  flouted,  and  tauntwi,  by  thr™. 
who  go  for  distribution,  and  turn  their  backs  i^ 
defence !  and  who  complain  of  the  President  k 
leaving  us  in  this  condition,  when  live  years  j-,, 
in  the  j'ear  1829,  he  recommended  tiie  annuil 
sum  of  ^250,000  for  arming  the  forlificaijor,! 
(which  Congress  refused  to  give),  and  whonoirl 
are  for  taking  the  money  out  of  the  trcnsnrv.tJ 
bo  divided  among  the  people;  instead  of  turriin-f 
it  all  to  the  great  object  of  the  general  ami  ni" 
manent  defence  of  the  Union,  for  wliich  tliei 
were  so  solicitous,  so  clamorous,  so  fwlin;!,! 
alive,  and  patriotically  sensitive,  even  oni;  shml 
month  ago.  I 

"  Does  not  the  present  state  of  the  coiinirrl 
(said  Mr.  B.)  call  for  defence?  and  is  not  tliil 
the  propitious  time  for  putting  it  in  dcfrnvJ 
and  will  not  that  object  absorb  every  dclir of 
real  surplus  that  can  be  found  in  the  tieaji:.- 
for  these  eight  years  of  plenty,  during  which « J 
are  to  be  afiiicted  with  seventy-two  millioiu'iil 
surplus?  Letussce.  Let  us  take  one  single  braial 
of  the  general  system  of  defence,  and  see  IwiriJ 
stands^  and  what  it  would  cost  to  put  it  in  tb 
condition  which  the  safety  and  the  honor  of  tSj 
country  demanded.  He  spoke  of  the  fortifiealiom 
and  selected  that  branch,  because  he  had  datiii 
go  upon ;  data  to  which  the  senator  from  SouJi 
Carolina,  the  author  of  this  report,  could  i 
object. 

"  The  design  (said  Mr.  B.)  of  fortifying  i!^ 
coasts  of  the  United  States  is  as  old  as  the  lei 
itself.    Our  documents  are  full  of  executive  n 
commendations,  departmental  reports, 
ports  of  committees  upon  this  subj-.pt,  all  urjij 
this  great  object  upon  the  attention  of  Conjre 
From  1789,  through  every  succeeding  adiii 
tration,  the  subject  was  presented  to  Congra 
but  it  was  only  after  the  late  war,  and  when  il 
evils  of  a  defenceless  coast  were  fresh  before  li 
eyes  of  the  people,  that  the  subject  was  preM 
ed  in  the  most  imprcssive,  persevering,  andnj 
tematic  form.    An  engineer  of  the  tirst  i 
(General  Bernard)  was  taken  into  our  m 
from  the  school  of  the  great  Napoleon.   X  r 
lution  of  the  House  of  Representatives  calleii  J 
the  War  Department  for  a  plan  of  dcfence,ii 
a  designation  of  forts  adequate  to  the  projec 
of  the  country ;  and  upon  this  cull  exaroioit 
were  made,  estimates  framed,  and  forts  proj« 
for  the  whole  maritime  coast  from  Savaiinill 
Boston.     The  result  was  the  presentatioi^] 
1821,  of  a  plan  for  mnety  forts  uponthatp 
of  the  coast ;  namely,  twenty-four  of  the  o 
class ;  twenty-three  of  the  second ;  and  f«^ 


ANN'O  183.V    ANDREW  JACKSON',  ruI^IDrNT. 


5t;.J 


r-yards;  thinly  doltcihH; 
md  hardly  scc-n  at  nil  uml* 
B  whole  feouth,  ami  tlie  prw; 
y  demand  naval  i)roteciii,n; 

Buch  the  state  of  out  couti- 
Hi  this  time,  when  even  t'* 
hould  Bco  BomethinKtoiiiak 

1    Such  is  the  state  of  nn 

which,  oh !  strange  and  wi.r.. 
1 !  the  administration  in  \m 

flouted,  and  tauntvd,  by  thov 
ition,  and  turn  their  bads  ij  j 
compluin  of  the  I'residtm  (.  r 
•ondition,  when  live  years  jpi, 
ho  recommended  tlie  anniul 

for  arminp  the  forlificalioti 
refused  to  give),  and  whonw 

money  out  of  the  treftsiiry.to 

the  people ;  instead  of  turTun; 

object  of  the  general  andw 
of  the  Union,  for  which  they  I 
,8   BO  clamorous,  so  fwliii;lvl 
ic'ally  Ecnsitive,  even  oni;  sliwl 

!  present  state  of  the  co\;mrT| 
11  for  defence  1  and  is  not  tbl 
time  for  putting  it  in  dcfw,«;| 
it  object  absorb  every  dohraj 
t  can  be  found  in  the  tiiiiiirl 
rt-ars  of  plenty,  during  wliiclul 
»d  with  seventy-two  millions  dl 
sec  Let  us  take  one  single  brawl 
vstem  of  defence,  and  see  \\m 
at  it  would  cost  to  put  it  in  tla 
1  the  safety  and  the  honor  ouy 
led.  llespokeofthefortificaliom 
It  branch,  because  he  had  dauti 
to  which  the  senator  from  iwi 
uthor  of  this  report,  couiH 

1  (said  Mr.  B.)  of  fortifyin?lM 
[nited  States  is  as  old  as  the  Iw. 
K-umentsai-e  full  of  executive  B 
s  departmental  reports,  and  r 
ittecB  upon  this  subyTt,  all  uijt 
.ct  upon  the  attention  of  Coap 
Irough  every  succeeding  adm 
ibiect  was  presented  to  Con? 
ly  after  the  late  war,  and  An 
nceless  coast  were  fresh  bctoret! 
•ople,  that  the  subject  was  press 
;t  impressive,  persevering  and^ 
An  engineer  of  the  tirst  n 
rnard)  was  taken  into  our  kit 
K)l  of  the  great  Napoleon.  A  K 
House  of  Representatives  calWj 

"rtmentforaplano  defeH 
1  of  forts  adequate  to  the  prOjOT 

•v;  and  upon  this  call  examine 

4imatesfmmed,andfort8proj^ 

e  maritime  coast  from  SavamJI 

Se  result  was  the  presentM^J 
Ian  for  ninety  forts  upon  tM 

;  namely,  twenty-four  of  tM 
ty-thrco  of  Ihe  second;  and (0^ 


three  of  the  third.  '  r  lor  the  ndministration 
of  Mr.  Monroe,  and  the  urgent  reromnien<latioiis 
of  the  then  head  of  the  War  Dcpiirtnunt  (Mr. 
Calhoun),  the  construction  of  these  forts  whs 
fiiinmenccd,  and  pushetl  with  spirit  and  activity  ; 
Imt  owing  to  circumstances  not  necessary  now 
,0  lie  detailed,  the  object  declined  in  the  public 
iiinr,  lost  a  part  of  it's  popularity,  perhaps  jiist- 
Iv  and  has  since  proceeded  so  slowly  that,  at  the 
end  of  twenty  years  from  the  late  war,  no  more 
than  thirteen  of  these  forts  have  been  cf)nstruct- 
ed-  namely,  eight  of  the  first  class,  three  of  the 
gi^ind,  and  two  of  the  third  ;  and  of  these  thir- 
teen constructed,  none  are  nrmiMl;  almost  all  of 
them  are  without  guns  or  carriages,  and  more 
nadv  for  t^o  occupation  of  an  enemy  than  for 
tlio  defence  of  ourselves.  This  is  the  state  of 
I  fortifications  on  the  maritime  coast,  exclusive  of 
the  New  England  coast  to  the  north  of  Boston, 
exclusive  of  Cape  Cod,  south  of  Boston,  and  cx- 
ciusive  of  the  Atlantic  coast  of  Florida.  The 
1  lake  frontier  is  untouched.  The  gulf  frontier, 
[almost  two  thousand  miles  in  length,  barely  is 
I  dotted  with  a  few  forts  in  the  neighborhood  of 


I'enMCola,  New  Orleans,  anfl  Mobile ;  all  the 

re't  of  the  coast  may  be  set  down  as  naked  and 

(lofcncclcss.    This  was  our  condition.    Now,  Mr. 

B.  did  not  venture  to  give  an  opinion  that  the 

ifhoie  plan  of  fortiflcation.'i  developed  in  the  re- 

(irts  of  1821  should  be  cirricd  into  effect ;  but 

e  would  say,  and  that  most  confidently,  that 

jiich  of  it  ought  to  be ;  and  it  would  be  the 

lusiness  of  Congress  to  decide  on  each  fort  in 

Bilking  a  specific  appropriation  for  it.     He  would 

ilsu  say  that  many  forts  would  be  found  to  be 

lecessary  which  were  not  embraced  in  that  plan ; 

for  it  did  not  touch  the  lake  coast,  and  the  gulf 

last,  nor  the  New  England  coast,  north  of  Bos- 

in,  nor  any  point  of  the  land  frontier.     With- 

lut  going  into  the  question  at  all,  of  how  many 

ere  necessary,  or  where  they  should  l)0  placed, 

was  sufficient  to  show  that  there  were  enough 

inting,  beyond  dispute,  to  constitute  an  object 

utility,  worthy  of  the  national  expenditure ; 

id  sufficient  to  absorb,  not  nine  millions  of  an- 

d  surplus,  to  be  sure,  but  about  as  many  mil- 

ns  of  surplus  as  would  ever  be  found,  and  the 

nk  stock  into  the  bargain.   The  thirteen  forts 

instructed  had  cost  twelve  millions  one  hun- 

d  and  thirteen  thousand  dollars ;  near  one 

lillion  of  dollars  each.    But  this  was  for  con- 

iction  only ;  the  armament  was  still  to  fol- 

;  and  for  this  object  two  millions  were  es- 

ated  in  1821  for  the  ninety  forts  then  recom- 

inded ;  and  of  that  two  millions  it  may  be 

luraed  that  but  little  has  been  granted  by 

ingress.    So  much  for  fortifications ;  in  itself 

lingle  branch  of  defence,  and  sufficient  to 

orb  many  millions.    But  there  were  many 

ler  branches  of  defence  which,  Mr.  B.  said, 

would  barely  enumerate.  There  was  the  navy, 

lading  its  gradual  increase,  its  dock-yards, 

na>^  .  :~'s ;  then  the  armories  and  arsenals, 

lich  were  so  much  wanted  in  the  South  and 

t,  and  especially  in  the  South,  for  a  reason 


(Ix'sides  those  which  apjtly  to  p.rciirn  rncmi'  >» 
which  need  not  bo  nuiin  d  ;  tbi'i  llic  t<iip,ilv  .„' 
arms  to  the  Sfiitis.  i-iinciajly  titid  iiriilfir  , 
swonls,  and  pistnls.  fur  which  lin  aiiiniii!  but  in- 
adc'iimfe  appropriatinn  Imd  l.(fri  niaiic  fur  c> 
long  a  time  th.'it  lu'  bdiivc  1  the  Stiitcn  had  ;i|. 
most  forgot  till'  subjict.  Here  iiri'objictscniin!;li, 
Mr.  President, cxcliiiiiu'il  Mf.  15., toiilismli  eviiv 
dollarof  our  surplus,  ntid  the  bunk  >tock  lH'>i<!fl. 
The  surpluses,  he  was  ccitiiin,  wonjcl  l)c  whi>llv 
insiifllcient,  and  the  bank  ht'xk,  by  a  snlcin-i 
resolution  of  the  two  Houses  of  (.'oiign'ss,  sliouM 
be  devoted  to  the  olpject.  As  a  fund  was  ^c 
apart,  and  held  safred  (in<l  iiiviolable,  for  tli" 
p.iyment  of  the  public  dciit  so ;  should  a  fund  1" 
now  created  for  national  dcfbiice.  and  this  bmik 
stock  should  be  the  first  a, id  ino.<t  sacnd  itti.i 
put  into  it.  It  is  the  only  way  to  s!ivo  tliut  stoi  k 
from  becoming  the  prey  of  incessant  coiitiiv- 
ances  to  draw  inonoy  frr)in  the  tivasiiry.  Mv. 
B.  said  that  he  intended  to  s'lbniit  resolutions, 
requesting  the  President  to  cause  to  bo  "ota- 
municated  to  the  next  Congress  full  inforiinili'ii 
upon  all  the  points  that  he  had  touched ;  the 
prolmble  revenue  and  expenditure  for  the  next 
eight  years;  the  plan  and  expense  of  fortifyiii.' 
the  coast;  the  navy,  and  every  other  point  con- 
nected with  the  general  and  j)ernianent  (h  fence 
of  the  Union,  with  a  view  to  let  Coiigivss  take  it 
up,  upon  system,  and  with  a  .lesign  to  complete 
it  without  further  delay.  Aivl  ho  doinaiidcd, 
why  hurry  on  this  arnenduKnt  before  that  info;  - 
mation  can  come  in  ? 

"  Now  is  the  auspicious  moment,  said  Mr.  M., 
for  the  republic  to  rouse  from  the  apathy  in(o 
which  it  has  lately  sunk  on  the  subject  of  na- 
tional defence.  The  public  debt  is  paiil ;  a  sum 
of  six  or  seven  millions  will  come  from  the  bank; 
some  surpluses  may  occur;  lot  the  nationiil  de- 
fence become  the  next  great  object  aftev  tie 
payment  of  the  debt,  and  all  spare  money  go  to 
that  purpose.  If  further  stimulus  were  wanted, 
it  might  be  found  in  the  present  aspect  of  our 
foreign  affairs,  and  in  the  reproaches,  the  taunt-, 
and  in  the  olfensive  insinuations  which  certain 
gentlemen  have  been  indulging  in  lor  two 
months  with  respect  to  the  defenceless  state  of 
the  coast ;  and  which  they  attribute  to  the  ne;:- 
ligence  of  the  administration.  Certainly  sucii 
gentlemen  will  not  take  that  money  for  distri- 
bution, for  the  immediate  application  of  whicli 
their  defenceless  country  is  now  crying  aloml, 
and  stretching  forth  her  imploring  hands. 

"  Mr.  B.  would  here  avail  himself  of  a  voice 
more  potential  than  his  own  to  enforce  attention 
to  the  great  object  of  national  defence,  the  re- 
vival of  which  he  was  now  attempting.  It  w.is 
a  voice  which  the  senator  from  South  Carolina. 
the  author  of  this  proposition  to  squander  in  di— 
tributions  the  funds  which  should  be  sacred  to 
defence,  would  instantly  recognize.  It  was  iv.i 
extract  from  a  mcssa,2;e  communicated  to  Con- 
gress, December  3,  1822,  l)y  President  -Monrf  e. 
Whether  considered  under  the  relation  <  f  simi- 
larity which  it  bsars  to  the  langiiiij:e  and  sniti- 


5GG 


TIIIUTY  YKAllS-  Vir.U'. 


MilHIl^ 


nii'DtB  of  cotniijiomncoiiH  re|if.rN  from  tlu*  tlicn 
lifiul  of  the  War  l)t'|inrtiii('iit ;  th<!  |N)iiitioii 
Wliicli  tlio  writer  of  tlioso  ri'portM  tlun  ht-lil  in 
ri.'liitiiiii  to  Pivsidt'iit  Monroe ;  the  ri>;lit  wliicli 
lit'  |x)ssosHC(|,  an  Sfcri'tary  of  War,  to  know,  at 
least,  wliat  war*  put  into  tl  e  incxHaffe  in  relation 
to  nicaHiires  coiniected  w  h  liin  department ; 
considered  umler  any  and  all  of  tlieso  ns|K'ctH, 
tlie  extracts  wliich  he  wojh  about  to  read  nii^ht 
Im'  consi<Iered  as  expreHsiiift  tho  HentimentH,  if 
iii)t  Hpeakinj;  the  words,  of  tlio  (gentleman  who 
now  sees  no  oliject  of  utility  in  providing;  for 
tlio  defence  of  his  country ;  and  who  then  j)lead 
tlio  canse  of  that  defence  with  so  mnch  truth 
and  eneriry,  and  with  such  comniondablo  excess 
of  patriotic  zeal. 

'■  AFr.  U.  then  read  as  follows  : 

'• '  (Should  war  break  out  in  any  of  those  coim- 
trics  (the  Piuropean),  who  can  foretell  tho  ex- 
tent to  which  it  may  be  carried,  or  tho  desola- 
tion which  may  spread?  Exempt  as  we  are  from 
these  causes  fof  European  civil  wars),  our  in- 
ternal tranquillity  is  secure ;  and  distant  as  we 
are  from  the  troubled  scene,  and  faithful  to  just 
j)rinciplcs  in  rejfaid  to  other  ])owers,  we  mifrht 
reasonably  presume  that  we  should  not  Ikj  mo- 
lested by  them.  This,  however,  ought  not  to 
be  calculated  on  as  certain.  Unprovoked  inju- 
i-ies  are  often  inilicted,  and  even  tho  peculiar 
felicity  of  our  situation  might,  with  some,  he  a 
cause  of  excitement  and  agjjression.  Tho  his- 
tory of  the  late  wars  in  Europe  furnishes  a  com- 
plete demcmstration  that  no  system  of  conduct, 
iiowever  correct  in  principle,  can  protect  neutral 
powers  from  injury  from  any  party ;  that  a  de- 
fenceless position  and  distinguished  love  of  peace 
are  the  surest  invitations  to  war;  and  that  there 
is  no  way  to  avoid  it,  other  than  by  boinp;  al- 
ways jirepared,  and  willing,  for  just  cause,  to 
meet  it.  If  there  bo  a  people  on  earth,  whose 
more  especial  duty  it  is  to  bo  at  all  times  pre- 
p.ired  to  defend  the  rights  with  which  they  are 
blessed,  and  to  surpass  all  others  in  sustaining 
the  necessary  burdens,  and  in  submitting  to  eac- 
rilices  to  make  such  preparations,  it  is  undoubt- 
edly the  people  of  these  States.' 

'•  Mr.  B.  having  read  thus  far,  stopped  to  make 
n  remark,  and  but  a  remark,  upon  a  single  sen- 
timent in  it.  lie  would  not  weaken  the  force 
and  energy  of  the  whole  passage  by  going  over 
it  in  detail ;  but  he  invoked  attention  upon  the 
last  sentiment — our  peculiar  duty,  so  strongly 
painted,  to  sustain  burdens,  and  submit  to  sac- 
ritices,  to  accomplish  the  noble  object  of  putting 
our  country  into  an  attitude  of  defence  !  ,  The 
ease  with  which  we  can  prepare  for  the  same  de- 
fence now,  by  tho  facile  operation  of  applying  to 
that  purpose  surpluses  of  revenue  and  bank 
stock,  for  which  we  have  no  other  use,  was  the 
point  on  which  he  would  invoke  and  arrest  the 
Senate's  attention. 

"  Mr.  B.  resumed  his  reading,  and  read  the 
next  paragraph,  which  enumerated  all  the  causes 
which  might  lead  to  general  war  in  Europe,  and 
kur  involvement  in  it,  and  concludeJ  with  the 


declaration  'That  the  reasons  for  ))n«liir)^f. 
wanl  all  our  measures  of  defence,  with  ||',    , 
most  vigor,  apiK-ar  to  me  ti»  actpiire  new  f,,r,, 
And  then  ndileil,  these  causes  for  Kurnu.,^,,  ^  , 
are  now  in  as  great  force  ns  then;  tlnil,,,,,, 
of  our  involvement  is  more  amMirent  iviw  \''  '. 
then;  the  reason.''  for  sensibility  to  our  ii;i(j,|i 
honor  are  nearer  now  than  then;  aii<l  imh,!)  , 
the  principles  of  the  pa-<sa<rf  from  which  \^,,^^. 
reading,  the  reasons  fir  pushing  forwnnj  ull,„l 
measures  of  (Ufeiice  with  the  utmost  viu-or,  r,,! 
sessed  far  more  force  in  this  present  ytari)</ 
than  thev  did  in  the  year  IH'2'2. 

"Mr.  ll.  continued  to  rciid  : 

"'The  United  States  owo  to  the  wcrll  , 
great  example,  ami  by  means  thereof,  to  th. 
cause  of  liberty  and  humanity  a  genenms  Mir, 
|)ort.  They  have  so  far  .' .icceeded  to  the  jat,' 
faction  of  the  virtuous  and  enlighteneil  ofovm 
cotmtry.  There  is  no  rea.son  to  doubt  that  tin  r 
whole  movement  will  lie  ivgulated  by  u^cm 
regard  to  principle,  all  our  institutions  ixin; 
fcmnded  on  that  basis.  The  aliility  to  sm„^ 
our  own  cause,  imder  any  trial  to  which  it  niK 
bo  exposed,  is  tho  great  point  on  which  \k 
jmblic  solicitude  rests.  1 1  bus  often  been  cW-i^i 
against  free  governments,  that  Uiey  Imve  ni.;. 
ther  the  foresight  nor  the  virtue  to  proviilni 
1  he  proper  season  for  great  emergencies  •  tli.t 
their  course  is  improvident  and  expensive ;  itui 
war  will  always  find  them  uni)repart(l;  ani 
whatever  may  be  its  calamities,  that  its  tirriijli 
warnings  will  be  disregarded  and  forgotten  u 
soon  as  peace  returns.  I  have  full  contidcnw 
that  this  charge,  so  far  as  it  relates  to  the  Unitui 
States,  will  be  shown  to  be  utterly  destitutt  of 
truth.' 

"  Mr.  B.,  as  he  closed  the  book,  said,  lie  vmli 
make  a  few  remarks  upon  some  of  the  points  in 
this  passage,  which  he  had  last  read— the  re- 
proach so  often  charged  upon  free  govcrnmcDti 
for  want  of  foresight  and  virtue,  their  improi- 
dencc  and  exjiensiveness,  their  proncne>s  lo 
disregard  and  forget  in  pe.icc  the  warning Itsjonj 
of  the  most  terrible  calamities  of  war.  A\v\k 
would  take  tho  liberty  to  suggest  that,  of  ill  I 
the  mortal  beings  now  alive  upon  this  cartk,  I 
the  author  of  the  report  under  di8cu.ssion  oiipkil 
to  be  the  last  to  disregard  and  to  forpet  m 
solemn  and  impressive  admonition  wliich  iiit| 
passage  conveyed  !  the  last  to  so  act  as  to  (iiti-l 
ject  his  government  to  the  rao'^ifying  chat^l 
which  has  been  so  often  cast  upon  them!i!i(| 
last  to  subject  tho  virtue  of  the  people  tc  t!»| 
humiliating  trial  of  deciding  between  the  de-j 
fence  and  the  plunder  of  their  country ! 

"Mr.  B.  dwelt  a  moment  on  another  point  in  I 
the  passage  wliich  he  had  read — the  great  a[ 
ample  which  this  republic  owed  to  the  worldl 
and  to  the  cause  of  free  goverpments,  to  iml 
itself  capable  of  supporting  its  cause  unil«| 
every  trial;  and  that  by  proviiling  in  peaafitT 
the  dangers  of  war.  It  was  a  striking  point  ill 
the  passage,  and  presented  o  grand  and  \M»u 
phic  conception  to  the  reflecting  mind,  11«| 


ASNO  I8S.V    ANMIF.W  JACKSON,  rRF>n>KM. 


W7 


res  of  tU'tVnoo.  with  tU m 
()  ino  to  nc'iuirt-  mw  f.,rr, 
Hi'  cuust'S  for  Kiiro|H'aii  «v 
t  fold'  08  Uii'ii :  the  iliin.if 
in  inori-  n|>imr»'iit  iv.w  tin- 
.»r  wiisibility  toimrii;vti..ni 
w  tlmii  tlii'ii ;  iiii'l  uiH'ii ,,;: 
I  |m-<sii'jrf  from  whiili  hi'  mj, 
I  for  jnishint:  forwunl  ull  ui]- 
!  witli  the  ^ltlllo^t  viL'nr,  |o. 
ce  ill  this  iiroccnt  yiar  l,v;, 
u  year  IH'l'l. 
i(\  to  rc'inl ; 

^tlltt'9   OWv!    to    the    Wnrli  i 

(1  by  iiu-ans  thereof,  to  fy. 
,(l  hiininnity  a  peuenms  «ti[, 
BO  fur  Kiicceiule"!  to  ilicsati.- 
louH  anil  enliftlitened  of  cwn 
no  reason  to  iloul)t  tlii.t  llm 
will  Iw  ix"j;ulale<l  hy  u  sam  i 
le,  all  our  instittitions  ini,,; 
asis.    The  ability  to  Bupi-iri 
ider  any  trial  to  which  it  imv 
10  great  jioint  on  wliicli  tlit , 
ests.  It  has  often  been  char;(^l  ] 
rnmcnts,  that  tliey  have  nci- , 
;  nor  tl>e  virtue  to  pri)vi(ltii 
I  ioT  great  enicrjrcncies ;  tlul  I 
iprovident  and  exiwnsive ;  iki 

find  them  uniirepartd;  and 
!  its  calamities,  that  its  tirri'ik , 

disregarded  and  forpotlin  u 
turns.  I  have  full  contidcnw 
so  far  as  it  relates  to  tlie  Initial 
lown  to  be  utterly  destituit  ol 

I  closed  the  book,  said,  he  would 
irks  upon  some  of  the  points  in 
ich  he  had  last  read— tlie  k- 
charged  upon  free  govemmcni! 
sight  and  virtue,  their  impwi- 
•nsiveness,  their  pronent>s  to 
r<'et  in  peace  the  warning  ksson* 
•fblc  calamities  of  war.   Aivlk 
liberty  to  suggest  that,  of  ill 
gs  now  alive  upon  tins  cattk 
le  report  under  discussion  oufht 
to  disregard  and  to  forsret  h 
prcssive  admonition  which  the 
'd !  the  last  to  so  act  as  to  sub- 
nment  to  the  rao-tifymg  cliar|( 
I  80  often  cast  upon  tliem'.iji 
the  virtue  of  the  people  to  i^ 
il  of  deciding  between  tlie  de- 
dunderof  their  country ! 
■It  a  moment  on  another  point  a 
lich  be  had  rcad-tbe  peat  e^ 
liis  republic  owed  to  the  m\i 
30  of  (roe  goverpmeiits,  to  piwt 

of  supporting  its  cause  untel 
id  that  by  providing  in  peawW 

war.  It  was  a  striking  poiiitii 
vl  presented  a  grand  and  i.h« 
ou  to  the  refiecUnti  uiind.  lt« 


iiDiitt'  •"'  ''"  *•*'•'*"  *°  *''"  world,  and  the 
i*|v  of  till*  republic  to  exhibit  it,  wax  an  ele- ; 
"ti'l  and  |>!itriolic  coiieeptioii,  and  worthy  of 
V'piiiin  wlticli  then  presided  over  tlie  War  | 
Ii"i*rtmiiit.     Ihit  what  is  the  example  wliieh 
l-iTv  i""^^'  required  to  exhibit  ?     It  is  that  of  j 

Liiil'  preferrinfj  tiio  *.\)o\\n  of  their  country  i 
' ''(^  (lytoiice !     It  is  that  of  tlie  electioneerer, 

•oiiiL'  fri"'>  i'''y  ^"  *^''y'  '^'''""  ''""■«'   ^^   house, 

'"fill  ti)  the  uninformed  tenant  of  the  distant 

LmUt,  ivlio  has  no  means  of  detecting  the  fal- 

'..|i.j  which  are  brought  fn)m  afar  to  deceive 

ii,  iiiidirstuiiding:  it  is  the  example  of  this 

rttionecrer,  with  slate  and  pencil  in  his  hand 

(iiivl  liL're  ^ir.  B.  took  up  an  old  book  cover, 

•  iJ  a  pencil,  and  stooped  over  it  to  make  figures, 

,j  ,f  working  out  a  little  sum  in  arithmetic), 

it  is  the  example  of  this  electioneerer,  ottering 

Ifjr  (liiitribiition  that  money  which  should  be 

Urtd  to  the  defence  of  his  country  ;  and  point- 

l  „  mit  for  overthrow,  at  the  next  election, 

Lvtry  canfliilate  for  office  who  should  bo  found 

in  opposition  to  this  wretched  and  deceptive 

Lin,,i,e  of  distribution.     This  is  the  example 

Uliich  it  is  proposed  that  wo  should  now  exlii- 

Lt    And  little  did  it  enter  into  his  (Mr.  B.'s) 

iiuairination,  about  the  time  that  message  was 

written  tiiat  it  should  fall  to  his  lot  to  plead 

ti:  tiic  'defence  of  his  country  against  the  au- 

llior  of  this  rei)0rt.     He  admired  the  grandeur 

if  conaption  which  tho  reports  of  the  war 

HUce  tlieii  displayed.    He  said  he  difiered  from 

khu  party  witli  whom  he  then  acted,  in  giving  a 

tiieial  though  not  a  universal,  support  to  the 

itcvctiry  of  War.    He  looked  to  him  a«  one 

rho  when  mellowed  by  ago  and  chastened  by 

Ixiit'ricnCv',  might  be  among  tho  most  admired 

Pnsidints'that  ever  filled  the  presidential  chair. 

PIr.  B.,  by  a  hipsus  Ungate,  said  throno,  but 

jrrected  the  expression  on  its  echo  from  tho 

ilk'ries.]  .... 

•  Mr.  B.  said  there  was  an  ex.implo  which  it 
fas  worthy  to  imitate :  that  of  France ;  her 
bast  defended  by  forts  and  batteries,  behind 
[hich  tlie  rich  city  reposed  in  safety — the  tran- 
lil  peasant  cultivated  his  vino  in  security- 
bile  the  prou(l  navy  of  England  sailed  in- 
pxiou3  before  them,  a  spectacle  of  amusement, 
jt  an  object  of  terror.    And  there  was  an  ex- 
iplc  to  bo  avoided:   the  case  of  our  own 
Bcrica  during  the  late  war;  when  tho  approach 
a  British  squadron,  upon  any  point  of  our 
[tended  coast,  was  the  signal  for  flight,  for 
rror,  for  consternation ;  when  the  hearts  of 

brave  and  the  almost  naked  hands  of  heroes 
(re  the  sole  reliance  for  defence;  and  where 
»*  hearts  and  those  hands  could  not  come, 

Bacred  soil  of  our  country  was  invaded; 

ruffian  soldier  and  the  rude  sailor  became 

insolent  masters  of  our  citizens'  houses; 
fir  footsteps  marked  by  the  desolation  of 
ids  the  conflagration  of  cities,  the  flight  of 


viruiiH,  tho  violiilion  <•(  iiiiitronii!  the  IiIimmI  nf 
fulhi  rs,  liiiN*HitiilM,  sohm!  IIik  \h  tin-  i-.\aiiiplo 
whirh  we  kImiuIiI  nvoid  ! 

"  Itiit  the  aiiiciiiltiii'nt  H  to  be  t>'tM|)<ir:try  :  it 
is  only  to  III.'* t  until  l^l:I.  What  nu  Klcii! — it 
teinpiirary  ultenHioii  in  u  coiiftitntioii  iimde  I  >r 
endless  iip's  !  Kill  let  ii"  oik.  tliiiik  it  will  U> 
tem|M)rnry,  if  onie  ii'lMptcl.  NH!  if  ilio  |>eii|,le 
once  come  to  taste  tlmt  IiIcmmI  ;  if  thry  niii'c 
bring  tlieinselves  to  tiie  rtrci|itnii(i'  of  niotiev 
from  the  tixiisury  Ihiy  arc  none  furevir.  tin  y 
ivill  take  that  money  in  all  time  to  iinuf  ;  nnd 
he  that  proniisi'S  m'>st,  reciivcs  iiioi.i  voto. 
The  corni|ition  of  the  Uoinans.  ihe  di  Imiieliment 
of  the  voters,  the  veimlity  of  elections,  ((.m. 
menced  with  the  Tribiinitiul  ilir<tribiitioii  of  coi  n 
out  of  the  public  granaries  ;  it  udviinced  to  tin; 
distribution  of  tlio  spoils  of  forei^'ti  nation.^, 
brought  home  to  Koine  by  victorious  ^eiieruU 
and  divided  out  among  the  peo|ile  ;  it  ended  in 
bringing  the  spoils  of  the  country  into  the  ciiii- 
vass  for  the  coiisu!shi)i,  and  in  putting  u|)  the 
diadem  of  empire  itself  to  lie  knocked  down  to 
tho  hammer  of  the  auctioneer.  In  our  Aniei  ica 
there  can  bo  no  spoils  of  coni|iiered  nations  to 
distribute.  Her  own  treiisiirv — her  own  lands 
— can  alone  fu^ni.^h  tho  fuml.  Kegin  at  once, 
no  matter  how,  or  iiiton  what — surplus  revt  niu', 
the  proceeds  of  the  lands,  or  the  IiiihN  tliein- 
selves— no  matter  J  the  progress  und  the  issno 
of  tho  whole  game  is  as  inevitable  as  it  is  obvi- 
ous. Candidates  bid,  the  voters  listen ;  and  a 
plundered  and  pilliigedeoutitry— the  empty  skin 
of  an  immolated  victim — is  the  prize  and  iJio 
spoil  cf  the  last  und  the  higliest  bidder." 

The  proposition  to  amend  the  constitution  to 
admit  of  this  distribution  was  never  brought  to 
a  vote.  In  fact  it  was  never  mentioned  again 
after  the  day  of  the  above  discussion.  1 1  .seeme<l 
to  have  support  from  no  source  but  that  of  its 
origin ;  and  very  soon  events  came  to  scatter  tho 
basis  on  which  tho  whole  stress  and  conclusion 
of  tho  report  lay.  Instead  of  a  surplus  of  nine 
millions  to  cover  tho  period  of  two  presidential 
elections,  there  was  a  deficit  in  tho  treasury  in 
the  period  of  tho  first  one ;  and  the  government 
reduced  to  the  humiliating  resorts  to  obtain 
money  to  keep  itself  in  motion— mendiaint  ex- 
peditions to  Europe  to  borrow  money,  returning 
without  it — and  paper  money  struck  under  the 
name  of  treasury  notes.  But  this  attempt  to 
amend  the  constitution  to  permit  a  distribution, 
becomes  a  material  point  in  the  history  of  the 
working  of  our  government,  seeing  that  a  dis- 
tribution afterwards  took  place  without  thf 
amendment  to  permit  it. 


:^  tl 


5fi8 


THIHTY  Y|•AIL'^   VIKW, 


|. 


CIIAI'TKR    CXXIX.  I 

COMMKNtKMKNT  <IK  T\VKNTVKi>ri;TII  t<tX(j|tKHS 
-|•U^:«II)ENT»  Sll..isA»iK.  | 

Tiiu  fulIoMin;^  woH  tlu-  lint  of  tlio  mtiiilxTi* :       I 
H  K  N  A  T  (J  It  H :  I 

Mainf.— Ether  Slieplcy,  John  UufrpU-x. 

Nkw  llAMrsMiKK — Ismicllill,  llvnrv  lliil)hnnl. 

MASNAciiusKit  -— Danic'l  WehsU'r,.)t>hnI>ftvi«. 

HiioDK  Island — Nuhimiuh  K.  Knight,  ANhvr 
HohhinH. 

CoN.NKCTicuT — GidcoH  TonilinHon,  Xatlmn 
Smith. 

Vekmont — .Siimncl  I'rcntins,  Benjamin  Swift. 

Xkw-Yokk — Nathaniel  P.  Tallinadgo,  {Silas 
Wriffht,  jiin. 

Nkw  Jkusev — Samuel  L.  Soiilhunl,  Garret 
D.  Wall. 

Penn'mylvania —  James  Buchanan,  Samuel 
McKcan. 

Dklawahe— John  M.  Clayton,  Arnold  Nau- 
dnin. 

Marvland — Robert  II.  Ooldsborough,  Jos. 
Kent. 

VinoiNtA — Benjamin  Watkins  Leigh,  John 
Tyler. 

NoRTir  Carolina — Bedford  Brown,  Willie 
P.  Miinj^iini. 

South  Carolina — J.  C.  Calhoun,  "William 
C.  I're.ston. 

Georgia — Alfred  Cuthbert,  John  P.  Kinp. 

Kentucky — Henry  Clay,  John  J.  Crittenden. 

Tennessee — Felix  Orundy,  Hugh  L.  Winfu. 

Ohio — Thomas  Ewinp;,  Thomas  Morris. 

Louisiana — Alexander  Porter,  Rob<  1 1  C.  Ni- 
cholas. 

Ism  ANA — Wra.  Hendricks,  John  Tipton. 

MissLssippi — John  Black,  lloljcrt  J.  Walker. 

Illinois — Elias  K.  Kane,  John  M.  Robinson. 

Alabama — VVm.  R.  King,  Gabriel  P.  Moore. 

Missouri — Lewis  F.  Linn,  Thomas  H.  Benton. 

BEPKE8ENTATIVE3: 

Maine — Jeremiah  Bailey,  George  Evans,  .John 
Fairfield,  Joseph  Hall,  liConard  Jarvis,  Moses 
Mason,  Gorhara  Parks,  Francis  0.  J.  Smith — 8. 

New  Hampshire — Benning  M.  Bean,  Robrrt 
Bums,  Samuel  Cushman,  Franklin  Pierce,  Jo.^. 
>Veeks— 5. 

Massachusetts — «Tohn  Quincy  Adams,  Na- 
fhaniel  B.  Borden,  George  N.  Briggs,  AVllIiam 
B.  Calhoun,  Caleb  Gushing,  George  Grennell, 
jr.,  Samuel  lioar,  William  Jackson,  Abbot  Law- 
rence, Levi  '.•ncoln  Stephen  C.  Phillips,  John 
Reed— 12. 

Rhode  If,T  ,iN.< — Dut*^  J.  Pearo*.  W.  Sprague 

C(>NNF,rVi  j/T — I'iiihiia Haley, S'TTiuel Ingham, 
Andrew  T.  tTiidsoo,  Lancelot  Phe.ni;,  Isaac  Tou- 
cey,  Zalmo!.  Wildh.aa — 0. 


Vr«MOMT— Heman  Allen,  RflrM*  |;t,f.,, 
Ililnnd  llnll,  Henrv  P.  Janvi,  Willmrn  <. 

N»;w-Yi>ni{— Simiiicl  Barton, Snnil.!J,ip,|.i., 
Abraham   H'Nker    Mntthiiw*  J.  ItoMr  .J,,),,,  \f 
Mrown,  C  <'.  Cunilirt'leng,  (irnhnni  n,  (i^ 
Timothy  I'hilds,  John  Cramer.  I  jysm  .,  y  [),. 
bledny,  Valentine   Eftur,  Dudley  Knrliti.l'i  > 
C.  Fuller,  William  K.  Fuller,  Han*" im  ;;  i,,  , 
FrnnrJM  («rant:er,  <Jideon  Hard,  Abiu;  ij,^   I 
line,  llirani  P.  Hunt,  AU'I   nunlin;:t<>ii.  <   l! 
V.  liOnsing,  George  W.  Ijiy,  Gideon  l.ci.  ,|,,.; 
Lee,  Stephen  H.  L'onard,  'Ihotna-^  ('.  |,'n,,  (  ' 
jah  Mann,  jr.,  William  Mason,  John  .Mi|;,  ;, 
Ely  Moore,  Sherman  Page,  Joci'|,|i  l!i  v;i  i' 
David  Russell,  William  Seymour,  Ni<||.j|;i'.>,> 
k'H,  William  Taylor,  Joel  Turrill,  Anniti  Vi,;,  ,'r' 
poel,  Aaron  Ward,  Daniel  Wardwell — (n. 

New  Jersey— Philemon  Dickermm,  ,Snii,i 
Fowler,  Thomas  I/ce,  James  Parker,  I'ttiliii.-i 
S.  Schcnck,  William  N.  Shinn — (1. 

Pennsylvania. — Joseph   B.   Anilionv,  ]]. 
chael  W.  Ash,  John  Banks,  Andrew  Uvvi  V 
Andrew  Buchanan,  George  Chamlxr^,  \V;ili  n 
P.  Clark,  Edward  Darlington,  llnniiiii  li,,,,,, 
Jacob  Fry,  jr.,  John  Galbraith,  Jun,^     ]hm,-\ 
Samuels.  Harrison,  Joseph  Henderson,  \Villij[, 
Hiester, Edward  B. Ilubley,  Jost'ili  It. inpi  ij 
John  Klingensmith,  ir.,  John  LniKirtc,  ||,in'l 
Logan,  Job  Mann,  'Ihomas  M.  T.  MckinrnJ,! 
Jesse  Miller,  Matthias  Morris,  Henry  .A.)!,;  f 
lenberg,  Huvid  Potts,  jr.,  Joel  B.  .Sutlar: 
David  D.  Wagencr.— 28. 

Delaware. — John  J.  Milligan.— 1. 

Maryland.  —  Benjamin  C.  Ilow.ud,  t),ir>l| 
Jenifer,  Isaac  McKim,  James  A.  Pearcc,  .JolinN.f 
Steele,  Francis  Thomas,  James  Turner,  tii-on I 
C.Washington.— 8.  '      ' 

Virginia. — James  JL  H.  Bcale,  James  V,  I 
Bouldin,  Nathaniel  H.  Claiborne,  Wnlur  fv; 
Robert  Craig,  George  C.  Dromgoolc,  .Jjniii 
Garland,  G.  W.  Hopkins,  Joseph  Jolins(in..M]l 
W.  Jones,  George  Loyal  1,  Edward  Luc!is,J  ial 
Y.  Mason,  William  McComas,  Charles  F,  .Mtrl 
cer,  William  S.  Morgan,  John  M.  Patton.Johl 
Roane,  John  Robertson,  John  Taliaferro,  llunl 
A.  Wise.— 2L  I 

North  Carolina — Je.sso  A.  Bynum.  IleOTl 
W.  Connor,  Edmund  Debcrry,  James  (iralisii| 
Micajah  T.  Hawkins,  James  J.  McKay.Willial 
Montgomery,  Ebenz  r  Pcttigrew,  Abrahul 
Rencher,  William  J.  Slf  imn'.  Aupustiiie  III 
Shepperd,  Jesse  Spr.i-hl,  I.(  n  is  Williams.-'  ■ 

South    Carol  .^h. —  '.^f.j'..    ji.   CanipW 
William  J.  Grays'. n,  John  K.  Griffin,  J«it»| 
H.  Hammond,  Richard  J.  Manning,  Francis  V,[ 
Pickens,  Henry  L.  Pinckney,  James  l!ogen,| 
Waddy  Thompson,  jr. — 9. 

Georgia. — Jesse  F.  Clevehnd,  John  Cl«| 
Thomas  Glasscock,  SeatonGrant1and,CliarleEl| 
Hay  nes,  Hopkins  Holsey,  Jabez  Jackson,  Gmi^I 
W.  Owens,  George  W.  B.  Towns.— 9. 

Alabama. — Reuben  Chapman,  Joab  1«J 
ler,  Dixon  H.  Lewis,  Francis  S.  Lyon,  Joiii«| 
L.  Martin. — 5. 


ANNO  linft,    ANIiRKW  JaCKSOK.  PRRSinKM. 


5«;'j 


[iii\n    All<'n,    Il>'nn«  lltif-f. 
in    F.   .Imk'ii,  Williain  »  ,; 

iMiiiol  Hnrt'in.Snnil.Il,f,r>|.i,, 
Mnltliiivi  .1.  Itii\<i'  Jilin  w 

iiliri'Kitjt,  (irnhnm  n,  (1^;, 

lolm  C'r;inni'.  IIvmc  s  l\  D,,, 
Kfni-f,  Diulli-y  Kiirliti,  I'l  i' 

I)  K.  FiiIUt,  Huii^nm  :;  i,,  (^ , 
IJidcon  llnrtl.  Ahin'.-  'U* . 

lint,  AIk>I   lliitilin^'inii,  (,.», 

^C    W.  IMV,  (li<U'011    1,CI',   .In.l     , 

A'onanOr homos  ('.  |  .,\r  \ 
niliam  MuMon,  •luljii  Md;,,, 
man  I'nue,  Johc],!!  r,i\;i  1,1 
illinm  Sovukmip,  Nidiolu".  ^,,. 
or,  Joel  1  iirrill,  Aamn  Vinof. 
(1,  Daniel  Wordwill — In, 
-i'liilomon  DickerKon,  San  n! 
Ix?c,  JumcH  Parker,  rinlii:,,!  I 
iam  N.  Shinn — <>. 
k. — JoBcph   U.   Antliony.  \\..\ 
i>hn  Uankn,  Andrew  itci  1    :• 
an,  OeorKO  (Jhnmljers,  \\  ;ili  n 
il  DarlinKton,  lliunmr  Ddim, 
fohn  Galbrailh,  Juiu'     Hm],. 
ion,  Joseph  IlendiiNdn.  Willijinl 
H. Ilubley, JoBtpli  K. Inpi.ii, 
lith,  jr.,  John  Lii|iorto,  ll]r<\ 
nn,  'lliomaa  JI.  T.  Mclunma. 
utthias  Morris,  Henry  A,  .\|;;!i 
I'otta,  jr.,  Joel  B.  Sutiurli.,' 
»cr.— 28. 

-John  J.  Millignn.— 1. 
-Benjamin  C.  Ilowanl.  \),wA 
cKim,  James  A.  I'earcc,  John N, I 
Thomas,  James  Tumor,  (jwrjel 
-8. 

amca  ttl.  IT.  Bcalc,  Jamos  TV,  ] 
niel  II.  Claiborne,  Waller  Tilrt 
(ieorgo  C.  Dromn;()olC|  JamH 
Hopkins,  Joseph  Jolinsdn.Jib 
■ge  Loyal  1,  Edward  Lucas,  J  ih] 
iam  McComas,  Charles  F.  )In- 
Morgan,  John  M.  Patton.Jokil 
jbertson,  John  Taliaferro,  llin.7 

)LiNA. — Jesso  A.  Bymim,  Ilem 
Imund  Deberry,  James  (Irahan 
vkins,  James  J.  McKay,  Willia' 
Eben'  i  r  T>ottigrew,  Abraliu 
,am  IS.  Sli  nan',  Aupustine  1L| 
,e  Snci^ht.  !.<  t  '►*  Williams.-'.' 
,01,  '  '.  ■--'■'  >."  ii.  Campbeu 
ray  6'  a,  Juhn  K.  Griffin,  JjksI 
Richard  J.  Manning,  Francis  ff. 
•y  L.  Pinckney,  James  l!ogeii|| 
pson,jr. — 9. 

Jesse  F.  Cleveland,  John  CIm 
!Ock,  Seaton  Grantland,  CliarlesE 
ins  Holsey,  Jabez  Jackson,  Gwiji 
>orgo  W.  B.  Towns.— 9. 
-Reuben  Chapman,  Joab  li«- 
Lewis,  Francis  S.  Lyon,  Joili« 


j(;Mi!nipri.— I>n*'«l  I'i'koon,  J.  F.  H.  Cjai- 

Vii«r «!«».— Hire  Oariand,  Henry  Julinnon, 
U,.r  W.  Itil«l';.v— •'• 


ri^"!!'"^!'. 


,— J'  Hell,  .*<rtmuel  llMnph.Wil- 
U.  Cnr'iT,  \'  inn  ('.  Dunlnp,  Jolm  M. 
^^.fulcr.  .\'l«m  lliintr<m»n,  Cave  Jiihnnon,  l.iikc 
,„  A''!»"'  ''•  '^'"'"■y-  ""'•'•  •'••vf'>n,  Jame«  K. 
Ik  '■'•  •'•  ^liif'"'"'-  Ja'ni'*  Standefer. — I'A, 
[);i,Ti(»v.--Chilt<in  Allan,  Lynn  Boyd, 
L|j,('(ilii(iim,  J"hn  ChnmlHTH,  Uleliard  French, 
L  J.  Crovft,  Benjamin  Hardin,  Jamen  Har- 
AllxTt  <i.  Hawes,  lliehard  M.  Johnson. 
[,*ph  it.  I'tiderwood,  John  White,  .Slierroii 
Jilliain''.— I''- 
[jln.iiiKi.— \Vm.  IL  Ashlev,  Allx-rt  (}.  Har- 

wn.-i 

Illinois.—?"''''     <««>',  "William   L.   May, 
k|,n  K.vr'''ls.     ■' 

iJvDVN..    •  llat'nt"  Bi 'I  ,  John  Carr,  John 

', I);;vi.<,  IMwa'd  \.  Ham  v'pin,  <!eorpo  L.  Kin- 

AmoH  ...u.      1   natliai,  McCarty. — 7. 

,   -  Williaiii    K.    Bo.id,  John    Chaney, 

a  Corwin,  Joseph  H.  w'rane,  Thf)maH  L. 

dier,  Fliaa  Howell,  Bonjamin  June?  William 

mion,  Daniel  I'ilf;oro,  Sampson  Masoii,  Jerc- 

[Ih  .Mcix'iie,    William    Patterson,   Jonathan 

line,  David  ."'pangler,  Bellamy  Storer,  John 

jcmp'on,  Samuel  F.  Vinton,  Taylor  Webster 

Ishi  Whittlesey.— 19. 

DELEQATta. 

JIrk.\nm'<  Territory. — Ambrose  H.  Sevier. 
Florida  Tkrritorv. — Joseph  JL  White. 
lliciiiGAN  Territory. — George  W.  Jones. 

Br,  James  K.  Polk  of  Tennessee,  was  elected 
kkiT  of  the  House,  and  by  a  largo  majority 
r  the  late  speaker,  Mr.  John  Bell  of  the  same 
Ic.  The  vote  stood  one  hundred  and  thirty- 

to  eighty-four,  and  was  considered  a  test 
k  ailministration  strength,  Mr.  Polk  being 
orted  by  that  party,  and  Mr.  Bell  having 
■me  identified  with  those  who,  in  siding  with 
1  Hugh  L.  White  as  a  candidate  for  the  pre- 
Bcy,  were  considered  as  having  divided  from 
[democratic  party.     Among  the  eminent 

!  missed  from  the  list  of  the  House  of  Rep- 
ttatives,  w^  ■•:  Mr.  Wayne  of  Georgia,  ap- 
rjyuied  to  the  bench  of  the  Supreme  Court  of 
L'nited  States ;  and  Mr.  Edward  Everett  of 

ichusetts,  who  declined  a  re-«lection. 
lie  state  of  our  relations  with  France,  in  the 
Bnued  non-payment  of  the  stipulat««4l  indem- 
jwas  the  prominent  feature  in  the  Prcsi- 
p message;  and  the  subject  itself  be<-oming 

scnous  in  the  apparent  indtsposition  in 

m  to  sustain  his  views,  manifested  in  the 
[of  the  fortification  bilL  through  the  dis- 


I  agreement  of  the  two  Wmnen,  The  obligation 
to  |.(»v  wa:,  adinitled.  nn.|  the  ncney  mn  voted 
j  fur  lluti  (urjMwt';  l.ut  oir.mv  wum  tiktn  at  iho 
j  Pn'-iilent'.H  liw-...;;,..  nnil  |.;iyiiiiiit  u(u*r,\  „n(i| 
j  an  fif«l(.p-v i^hf.uld  be  ina-J*-.  Thv  1'r.Mil.nt  had 
alieaily  sli..  n,  on  itg  |(tm  JKUiiuitinn,  that  H'» 
olflnee  wa«  iiiten* '»  iK.r  any  ,H,sn  .|*..  t  juMJy 
•  lediiii  '•  from  till  lanvrUHV  that  be  hivt  H.xcd  { 
anil  he  was  now  fK-n-mptory  in  nf  Mn;-' «"  make 
the  required  ni"-'  -rj- ;  and  had  iii-tnuud  tti» 
United  Sttttex'  ,-h,i,i,'e  itiifliiins  (o  .limand  the 
money ;  an<l,  if  not  paid,  to  I.  avr  Ir.uKV  Imme- 
diately. The  ininLxteiH  of  boili  coimnies  Imd 
previously  withdrawn,  and  (he  last  link  in  tlio 
ehiiin  of  diplomatic  coiiiiiitiniculi'ni  was  upon 
the  point  of  being  broken.  The  (lu.-iion  h.n  „j, 
narrowed  down  to  this  ("innll  jMiiut,  the  Pn-ni- 
dent  deemed  it  proper  to  give  a  ntniKpertive 
view  of  it,  to  justify  his  deli  nniiml ion.  neither 
to  aiwlogize  nor  to  negoliule  furl  her,     I  le  said : 

"On  entering  uiM>n  the  dutie.s  of  mv  stall  -n, 
I  founil  the  United  States  an  iinsiicnssfiil  ii|ir*li- 
cant  to  the  justice  of  France,  for  the  ,Miti>.fiicti('  » 
of  claims,  the  validity  of  which  was  never  ((u, .- 
tionable,  and  has  now  Wen  most  Koleninly  h,(. 
milted  by  Franco  herself.  The  iiiiti(|iiity  of 
these  claims,  their  high  justiee,  ami  the  aggra- 
vating circumstances  out  of  which  tliey  al-ose 
are  too  familiar  to  the  American  penjile  to  ro'. 
(|uire  description.  It  is  suflicient  to  (s;iy.  that, 
for  a  period  of  ten  years  and  upwards,  our  eom- 
merce  wa=,  with  but  little  interruiition,  the  sub- 
ject of  constant  aggressions,  on  the  part  of 
France— aggression.s,  the  ordinary  feiitui-es  of 
which  were  condemnations  of  ves.sels  and  car- 
goes, under  arbitrary  decrees,  adopted  in  con- 
travention, as  well  of  the  laws  of  nations  as  of 
treaty  stipulations,  burnings  on  the  high  seas, 
and  seizures  and  confiscations,  under  Kjiecial  im- 
perial rescripts,  in  the  ports  of  other  nations 
occupied  by  the  armies,  or  under  the  control  of 
France.  Such,  it  is  now  conceded,  is  the  cha- 
racter of  the  wrongs  wo  suircred ;  wrong.s,  in 
many  cases,  so  flagrant  that  even  their  authors 
never  denied  our  right  to  reparation.  Of  the 
extent  of  these  injuries,  some  conivption  m.iy 
bo  formed  from  the  fact  that,  after  the  burning 
of  a  largo  amount  at  sea,  and  the  necessary  de- 
terioration in  other  cases,  by  long  detention,  the 
American  property  so  seized  and  sacrificed  at 
forced  sales,  excluding  what  was  adjudged  to 
privateers,  before  or  without  coiuiemnation, 
brought  into  the  French  treasury  uj)wards  of 
twenty-four  millions  of  francs,  besides  large  cus- 
tom-house duties. 

"  The  subject  had  already  been  an  affair  of 
twenty  years'  uninternipted  negotiation,  except 
for  a  short  time,  when  France  w:>s  overwhelmed 
by  the  military  power  of  united  Europe.  During 


•■■ 


570 


THIRTY  YEAUS'  VIEW, 


this  period,  whilst  other  nations  w>  re  extorting 
IVuni  hc'i-  ])iiynient  of  their  claims  ut  tho  point 
of  the  hiiyonut,  the  United  States  intermitted 
thi'ir  (k'lnuiid  for  justice,  out  of  respect  to  the 
oppressed  condition  of  a  gallant  people,  to  whom 
they  fult  under  obligations  for  fraternal  assist- 
ance in  tht'ir  own  days  of  snft'ering  and  of  peril. 
'J'hc  bad  ellects  of  these  protracted  and  unavail- 
ing discussions,  as  well  upon  our  relations  with 
I" ranee  as  ujion  our  national  character,  were  ob- 
vious ;  and  tlic  line  of  duty  was,  to  my  mind, 
etiually  so.  This  was,  either  to  insist  U|)on  tho 
adjustment  of  our  claims,  within  a  reasonable 
j)eriod,  or  to  abandon  them  altogether.  I  could 
not  doubt  that,  by  this  course,  the  interest  and 
honor  of  bolh  countries  would  be  best  con- 
sulted. Instructions  were,  therefore,  given  in 
this  sjiirit  to  the  minister,  who  was  sent  out 
once  more  to  demand  reparation.  L'pon  the 
meeting  of  Congress,  in  December,  1820,  I  felt 
it  my  duty  to  speak  of  these  claims,  and  the 
delays  of  France,  in  terms  calculated  to  call  the 
serious  attention  of  both  countries  to  the  sub- 
ject. The  then  French  Ministry  took  exception 
to  the  message,  on  the  ground  of  its  containing 
a  menace,  under  which  it  was  not  agreeable  to 
the  French  government  to  negotiate.  The  Ame- 
rican minister,  of  his  own  accord,  refuted  the 
construction  which  was  attempted  to  be  put 
upon  the  messiige,  and,  at  tho  same  time,  called 
to  the  recollection  of  the  French  ministry,  that 
the  President's  message  was  a  communicatio: 
addressed,  not  to  foreign  governments,  but  to 
the  Congress  of  the  United  States,  in  which  it 
was  enjoined  upon  him,  by  the  constitution,  to 
lay  belure  that  body  information  of  the  state  of 
the  Union,  comprehending  its  foreign  as  well  as 
its  domestic  relations ;  and  that  if,  in  the  dis- 
charge of  this  duty,  he  felt  it  incumbent  upon 
him  to  summon  the  attention  of  Congress  in  due 
time  to  what  might  be  the  possible  consequences 
of  existing  difficulties  with  any  foreign  govern- 
ment, he  migiit  fairly  be  supposed  to  do  so,  un- 
der a  sense  of  what  was  due  from  him  in  a  frank 
communication  \\  ith  another  branch  of  his  own 
g(nernn\ent  and  not  from  any  intention  of  hold- 
ing a  nienaee  over  a  foreign  power.  The  views 
talccn  by  him  received  my  approbation,  tho 
French  goveriuncnt  was  satisfied,  and  the  nego- 
tiation was  continued.  It  terminated  in  the 
treaty  of  July  4,  1831,  recognizing  tho  justice 
of  our  claims,  in  part,  and  promising  payment 
to  the  amount  of  twenty-five  millions  of  francs, 
in  six  annual  instalments. 

"Tho  ratifications  of  this  treaty  were  ex- 
changed at  AV'ashington,  on  the  2d  of  February, 
18M2 ;  and,  in  live  days  thereafter,  it  was  laid 
before  Congress,  who  immediately  passed  the 
acts  necessary,  on  our  part,  to  secure  to  France 
the  commercial  advantages  conceded  to  her  in 
the  compact.  Tho  treaty  had  previously  been 
Bolemnly  ratified  by  the  King  of  the  French,  in 
terms  which  are  certainly  not  mere  matters 
of  form,  and  of  which  the  translation  is  as  fol- 
.ows :  '  We,  approving  the  above  convention,  in 


all  and  each  of  the  depositions  which  ore  > 
taincd  in  it,  do  declare  by  ourselves,  as  wtju 
by  our  heirs  and  successors,  that  it  in  acot 
approved,  ratified,  and  confirmed ;  and  In-  ti,, 
presents,  signed  by  our  hand,  we  do  atTtpt  jrj 
prove,  ratify,  and  confirm  it;  promisini;,,;,,  ,Q 
faith  and  wonl  of  a  king,  to  obscr^■c  it.  ani  J 
cause  it  to  bo  observed  inviolably,  withuiit  irJ 
contravening  it,  or  sulfering  it  to  be  contninr  J 
directly  or  indirectly,  for  any  cause,  or  uiidituJ 
pretence  whatsoever.' 

"  Official  information  of  the  exchanfrc  of  ntjj 
fications  in  the  United  States  reached  Ptn 
whilst  the  Chambers  were  in  session.    llie,j| 
traordinary,  and,  to  us,  injurious  delays  ofiy 
French  government,  in  their  action  upon  il> 
subject  of  its  fulfilment,  have  been  herctofon 
stated  to  Congress,  and 'I  have  no  disposition  a 
enlarge  upon  them  here.    It  is  sulBcicnt  to  ( 
servo  that  the  then  pending  session  was  s 
to  expire,  without  even  an  efiort  to  obtain  li 
necessary  appropriations — that  the  two  suca., 
ing  ones  were  also  suffered  to  pass  av.av »iii 
out  any  thing  like  a  serious  attempt  to  oljtjiji 
decision  upon  tho  subject ;  and  tliat  it  was  i 
until  the  fourth  session — almost  tlinu  venj 
after  the  conclusion  of  the  treaty,  ami  '^ 
than  two  j^ears  after  the  exchange  of  ntife 
tions — that  tho  bill  for  the  execution  util 
treaty  was  pressed  to  a  vote,  and  rejcctwL 
the  mean  time,  the  government  of  tlie  ['t^ 
States,  having  full  confidence  that  a  trcaija 
tered   into  and  so  solemnly  ratified  by  ij 
French  king,  would  be  executed  in  powlfiiil 
and  not  doubting  that  provision  would  be  i 
for  the  payment  of  the  first  instalment,  itlj 
was  to  become  due  on  the  second  day  uf  Febn 
ary,  1833,  negotiated  a  draft  for  the  »m 
through  the  Bank  of  the  United  States,  ffbj 
this  draft  was  presented  by  the  holder,  vitkli 
credentials  required  by  the  treaty  to  authoii 
him  to  receive  the  money,  the  govcriinieDiJ 
France  allow^ed  it  to  be  protested.    In  aiiii 
to  tho  injury  in  the  non-payment  of  the 
by  France,  conformably  to  her  cnfraf-'cmcntill 
United  States  were  exposed  to  a  heavvdaiiii^ 
the  part  of  the  bank,  under  pretence  ofdam 
in  satisfaction  of  which,  that  institution ; 
upon,  and  still  retains,  an  equal  amount  ofiJ 
public  moneys.    Congress  was  in  session  n 
the  decision  of  tho  Chambers  reached  Wjski 
ton;  and  an  immediate  cotrimunication ( 
apparently  final  decision  of  France  not  to  I 
tho  stipulations  of  the  treaty,  was  the  i 
naturally  to  be  expected  from  tho  Prejid 
Tho  deep  tone  of  dissatisfaction  wliich  pert 
the  public  mind,  and  the  correspondent  eii 
ment  produced  in  Congress  by  only  a  fit 
knowledge  of  tho  result,  rendered  it  raoreil 
probable,  that  a  resort  to  immediate  mem 
redress  would  be  the  consequence  ot'calliDcJ 
attention  of  that  body  to  the  subject.  SiK 
desirous  of  preserving  the  pocific  rclatioKi 
had  so  long  existed  between  the  two  com 
I  was  anxious  to  avoid  this  course  if  Iwiiii| 


ANNO  1835.    ANDREW  JACKSON',  PRl-SIDENT. 


571 


e  depositions  wliidi  are  i^ 
claro  by  ourselvfs,  xs  MttH , 
iucccBSors,  that  it  is  acccptd^ 
and  confirmed ;  and  liy  t^ 
ly  our  hand,  we  do  aecipi,  a^ 
confirm  it ;  proinisinc:,  on  if, 
'  a  king,  to  obscne  it.  and  tJ 
ervcd  inviolably,  wiilKjut  „2 
p  suiferinp  it  to  l)c  ci)ntranm,il 
!tly,  for  any  cause,  or  umltrul 
ver.' 

nation  of  the  exchnnje  of  nti 
United  States  reached  Pm 
bers  were  in  session.   IheeJ 

to  us,  injurious  delays  of  ti 
ent,  in  their  action  upon  t. 
iltilment,  have  been  horetotofl 
ss,  and'l  have  no  dispositionK 
im  here.  It  is  sulficiiint  to  o 
len  pending  session  was  alb 
ut  even  an  eflbrt  to  obtain  liJ 
priations — that  the  two  sucae* 
Iso  suffered  to  pass  away  »itil 
ke  a  serious  attempt  to  obtaaij 
le  subject ;  and  that  it  was  i 
,h  session — almost  tlirce  ytiil 
usion  of  the  treaty,  am]  "idji 
3  after  the  exchange  of  ntific 
)  bill  for  the  execution  of  tl 
3sed  to  a  vote,  and  rejected  I 
I  the  government  of  the  liiif 
ruU  confidence  that  a  trcatjj 
1  so  solemnly  ratified  byiL 
■ould  be  executed  in  pcodfd 
ng  that  provision  would  be  raf 
nt  of  the  first  instalment,  ivli 
,  due  on  the  second  day  of  Febu 
'otiated  a  draft  for  the  s.m 
ank  of  the  United  States.  \VI« 
presented  by  the  holder,  viilitl 
luired  by  the  treaty  to  amhon 
e  the  money,  the  ROvernmeDi  j 
d  it  to  be  protested.  In  dm 
in  the  non-payment  of  tho  i 
nformably  to  her  cngafreminiil 

were  exposed  to  a  heavyc'aiiiJ 
e  bank,  under  pretence  of  daind 
1  of  which,  that  institution  ^ 
1  retains,  an  equal  amount  o(  J 
s.  Congress  was  in  session  »lij 
)f  the  Chambers  i-cachcd  Vaslii' 

immediate  cotiiinunicationotll 
nal  decision  of  France  not  toF 
ons  of  the  treaty,  was  the  w 

be  expected  from  the  Iresid 
le  of  dissatisfaction  whicli  pem 
ind,  and  the  correspondent  esi 
Bed  in  Congress  by  only  a  pM 
,f  the  result,  rendered  it  nioreil 
it  a  resort  to  immediate  nieasm 
Id  be  the  consequence  of  calliM 
that  body  to  the  subject.  Sio** 
sreserving  the  pacific  adatioBsi 

existed  between  the  twocoMffl 
,U3  to  avoid  this  course  if  IwbKI 


lijlied  that,  by  doing  so.  neither  the  interests 
rthc  honor  of  my  country  would  be  compro- 
„  •.  Without  the  fullest  assurances  upon  that 
iiiii.  I  wiiid  not  hope  to  acquit  myself  of  the 
■Jj^iliility  to  be  incurred  in  sufi'ering  Con- 
.5  to  adjourn  without  laying  the  subject  be- 
them.  Tho.'se  received  by  me  were  believed 
hcot  that  character. 

The  fcXiK-ctations  justly  founded  upon  the 
)nii!>es  tlnis  solemnly  made  to  this  govern- 
■nt  by  that  of  France,  were  not  realized.   The 
;nih  Chambers  met  on  the  31st  of  July,  1834, 
In  after  the  election,  and  although  our  minis- 
in  Paris  urged  the  French  ministry  to  press 
subject  before  them,  they  declined  doing  so. 
ne.\t  insisted  that  the  Chambers,  if  pro- 
led  without  acting  on  the  subject,  should  be 
iiembled  at  a  peri  jd  so  early  that  their  ae- 
on the  treaty  might  be  known  in  Washing- 
prior  to  the  meeting  of  Congress.     This 
onable  request  was  not  only  declined,  but 
Chambci-3  were  prorogued  on  the  29th  of 
.niber;  a  day  so  late,  that  tbcMr  decision, 
nnr  urgently  pressed,  could  not,  in  all  pro- 
bity, be  obtained  in  time  to  rcacn  Wa.shing- 
bcforc  the  necessary  adjournment  of  Con- 
is  by  the  constitution.    The  reasons  given  by 
ministry  for  refusing  to  convoke  the  Cham- 
B,at  an  earlier  period,  were  afterwards  .tihown 
to  be  iii.=ui)eniblc,  by  their  actual  convoca- 
on  the  first  of  December,  under  a  special 
for  domestic  purposes,  which  fact,  however, 
jnot  become  known  to  this  government  until 
the  conunencement  of  the  last  session  of 

TCSS. 

iTlius  disappointed  in  our  just  expectationia, 
anie  my  imjierative  duty  to  consult  with 
cress  in  regard  to  the  expediency  of  a  resort 
ktaliatory  measures,  in  case  the  stipulations 
lie  treaty  should  not  be  speedily  complied 
1  and  to  recommend  such  as,  in  ray  judg- 
,  the  occasion  called  for.  To  this  end,  an 
iserved  communication  of  the  case,  in  all  its 
jets,  became  indispensable.  To  have  shrunk, 
laking  it,  from  saying  all  that  was  necessary 
B  correct  understanding,  and  that  the  truth 
li  justify,  for  fear  of  giving  offence  to  others, 
'  have  been  unworthy  of  us.  To  have 
I  on  the  other  hand,  a  single  step  further, 
jbe  purpose  of  wounding  the  pride  of  a  gov- 
lent  and  people  Tvith  whom  we  had  so  many 
kes  of  cultivating  relations  of  amity  and 
wal  advantage,  would  have  been  unwise 
npropcr.  Admonished  by  the  past  of  the 
[ilty  of  making  even  the  simplest  statement 
r  wrongs,  without  disturbing  the  sensibili- 
f  those  who  had,  by  their  position,  become 
psihle  for  their  redress,  and  earnestly  de- 
\  of  preventing  further  obstacles  from  that 
fc,  I  went  out  of  my  way  to  preclude  a  con- 
lion  of  the  message,  by  which  the  recom- 
itiun  tliat  was  made  to  Congress  might  be 
Bed  as  a  menace  to  France,  in  not  only  dis- 
K  fuch  a  (lesign,  but  in  declaring  that  her  i 
land  lier  power  were  too  well  known  to  \ 


expect  any  thin?  from  her  fear-s.  The  niossasru 
did  not  reach  i'aris  until  more  than  a  ninntli 
after  the  Chatnlicrs  luid  hocn  in  session  ;  ami 
such  was  the  iii.si-nsihility  of  tlio  niinislrv  to 
our  rightful  claims  and  just  e\]icct:itiniis,"tii;u 
our  minister  had  been  infonni'd  lli;it  tlio  mat 
ter,  when  introduci-d,  would  not  Ix'  ppissid  as  a 
cabinet  measure. 

'■Although  the  message  was  not  nflicinllv 
communicated  to  the  Frencli  ^'ovcinnicnt,  ani/ 
notwithstanding  the  (le<-lniation  to  the  contnirv 
which  it  contained,  the  French  niiiii'^try  (ifcidcd 
to  con.sider  the  conditional  ricouitiioniliition  of 
reprisals  a  menace  and  an  insult,  wliich  the 
honor  of  the  nation  made  it  incinubeiit  on  tliein 
to  resent.  Tiie  measures  resorted  to  i)y  tliem 
to  evince  their  sense  of  the  surpnsed  inilignity 
were,  the  immediate  recall  of  their  minister  jit 
Washington,  the  offer  of  ijassjwrts  to  the  Ameri- 
can minister  at  Pari.s,  and  a  public  notice  to  tlie 
legislative  chamber.^  that  all  dii)Iomatic  inter- 
course with  the  United  States  had  been  sus- 
pended. 

"  Having,  in  this  manner,  vindicated  the  dig- 
nity of  France,  they  next  proceeded  to  illustrate 
her  justice.  To  this  end  a  bill  was  immediately 
introduced  into  the  Chamber  of  Deputies,  pro- 
posing to  make  the  appropriations  nccessaiy  to 
carry  into  cfl'ect  the  treaty.  As  this  bill  sub- 
sequently passed  into  a  law,  the  provisions  of 
which  now  constitute  the  main  subject  of  diili- 
cu!ty  between  the  two  nations,  it  becomes  my 
duty,  in  order  to  jjlace  the  subject  before  you  in 
a  clear  light,  to  trace  the  history  of  its  passage, 
and  to  refer,  with  some  particularity,  to  the  jiro- 
ceedings  and  discussions  in  regard  to  it.  The 
Minister  of  Finance,  in  his  opening  speech,  al- 
luded to  the  measures  which  had  been  adopted 
to  resent  the  supposod  indiirnity,  and  recom- 
mended the  execution  of  the  treaty  as  a  measure 
required  by  the  honor  and  justice  of  France, 
He,  as  the  organ  of  the  ministry,  declared  the 
message,  so  long  as  it  had  not  received  the  sanc- 
tion of  Congress,  a  mere  expression  of  the  per- 
sonal opinion  of  the  President,  for  which  neither 
the  government  nor  people  of  the  United  States 
were  responsible ;  and  that  an  engagement  had 
been  entered  into,  for  the  fultilmeut  of  which  the 
honor  of  J'ranco  was  pledged.  Entertaining 
these  views,  the  single  condition  which  the 
French  ministry  proposed  to  annex  to  the  pay- 
ment of  the  money  was,  that  it  should  not  be 
made  until  it  was  ascertained  that  the  govern- 
ment of  the  Uniied  States  had  done  nothing  to 
injure  the  interests  of  France;  or,  in  other 
words,  that  no  steps  had  been  authorized  by 
Congress  of  a  hostile  character  towards  France. 

"  What  the  disposition  or  action  of  Congress 
might  be,  was  then  unknown  to  the  Fivncli 
Cabinet.  But.  on  the  14th  of  Ja'uirtvy.  the  Se- 
nate resolved  that  it  was,  at  that  time  inexpedi- 
ent to  adopt  any  legislative  measures  in  regard 
to  the  state  of  affairs  between  the  United  States 
and  France,  and  no  action  on  the  subject  had 
occurred  in  the  House  of  Representatives.  Thesu 


572 


THIRTi'  YEARS'  VIEW. 


fncts  wrro  known  in  Paris  prior  to  the  28th  of 
March.  \i<'-'>\  when  tlio  committee,  to  whom  the 
liill  of  indemnification  had  hcen  referred,  report- 
ed it  to  the  ChamfxT  of  Dejinties.  That  com- 
mitf(!0  substantially  re-echoed  the  sentiments 
of  the  minirttry,  cicclared  that  Conjjrcss  had  set 
a«idc  tlie  projKisition  of  the  President,  and  re- 
commended the  paBsape  of  the  bill,  without  any 
other  restriction  than  that  originally  proposed. 
Thus  was  it  known  to  the  French  ministry  and 
chambers  that  if  the  position  assumed  by  them, 
and  which  had  been  so  frequontlj'  and  solemnly 
annotinccd  as  the  only  one  compatible  with  the 
honor  of  France,  was  maintained,  and  the  bill 
passed  as  oripinally  proposed,  the  money  would 
1)0  paid,  and  there  would  be  an  end  of  this  un- 
fortunate controversy. 

"  But  this  cheering;  prospect  was  soon  destroy- 
ed by  an  amendment  introduocd  into  the  bill 
at  the  moment  of  its  passage,  providing  that  the 
money  should  not  be  paid  until  the  French  go- 
vernment had  received  satisfactory  explanations 
of  the  President's  message  of  the  2d  December, 
1834  ;  and,  what  is  still  more  extraordinary,  the 
president  of  tiio  council  of  ministers  adopted 
this  amendment,  and  consented  to  its  incorpora- 
tion in  the  bill.  In  regard  to  a  supposed  insult 
which  had  been  formally  resented  by  the  recall 
of  their  minister,  and  the  offer  of  passports  to 
ours,  they  now,  for  the  first  time,  propose<l  to 
ask  cxjdanations.  Sentiments  and  propositions, 
which  they  had  declared  could  not  Justly  be 
imputed  to  the  government  or  people  of  the 
United  States,  are  set  up  as  obstacles  to  the 
performance  of  an  act  of  conceded  justice  to 
that  government  and  people.  They  had  de- 
clared that  the  honor  of  France  reqiiired  the 
fulfilment  of  the  engagement  into  which  the 
King  had  entered,  unless  Congress  adopted  the 
recommendations  of  the  message.  They  ascer- 
tained thri  Congress  did  not  adopt  them,  and 
yet  that  fulfilment  is  refused,  unless  they  first 
obtain  from  the  President  explanations  of  an 
opinion  characterized  by  themselves  as  personal 
and  inoperative." 

Having  thus  traced  the  controversy  down  to 
the  jToint  on  which  it  hung — no  payment  with- 
out an  apology  first  made — the  President  took 
up  this  condition  as  a  new  feature  in  the  case — 
presenting  national  degradation  on  one  side,  and 
twenty-five  millions  of  francs  on  the  other — and 
declared  his  determination  to  submit  to  no  dis- 
honor, and  repulsed  the  apology  as  a  stain  upon 
the  national  character ;  and  concluded  this  head 
of  his  message  with  saying : 

"  In  any  event,  however,  the  principle  involved 
in  the  new  aspect  which  has  been  given  to  the 
controversy  is  so  vitally  important  to  the  inde- 
pendent administration  of  the  government,  that 
It  can  neither  be  surrendered  nor  coinpromitted 
Irithout  national  degradation.    I  h  <pc  it  is  un 


necessary  for  me  to  say  that  such  %  m-^t, 
will  not  be  made  through  any  agency  of  p 
T!)c  honor  of  my  country  shall  never  l*.  f,r!° 
by  an  apology  from  me  for  the  etatcmon'' 
truth  and  the  performance  of  duty  ;  r.or  ri  1 
give  any  explanation  of  my  official  m>  it/' 
such  as  is  due  to  integrity  and  jiistirc,  ,in,|V 
sistent  with  the  principles  on  which  our  irr 
ttitions  have  been  framed.    This  (ietcTtniwi,j 
will,  I  am  confident,  be  approved  liv  rr,v  J 
stituents.    I  have  indeed  studied  thcirchirwl 
to  but  little  purpose,  if  the  sum  of  twcmv. 
millions  of  francs  will  have  the  woiiflit  ,/| 
feather  in  the  estimation  of  what  apiwrtj ,,;  i 
their  national  independence :  and  if,  unlian 
a  different  impression  should  at  any  time  < 
tain,  in  any  quarter,  they  will,  I  am  "sun,  nil 
round  the  government  of  their  choice  wiihjL 
rity  and  unanimitj',  and  silence  for  uyerthei 
grading  imputation." 

The  loss  of  the  fortification  bill  at  the  i  kt) 
session,  had  been  a  serious  interruption  to  a 
system  of  defences,  and  an  injury  to  tliecoKt 
in  that  point  of  view,  independently  of  itsijl 
upon  our  relations  with  France.    A  fsjsteinT 
general  and  permanent  fortification  of  the  en 
and  harbors  had  been  adopted  at  the  close] 
the  war  of  1812;  and  throughout  ourexteai 
frontier  were  many  works  in  difTcrent  des 
of  completion,  the  stoppage  of  which  intohj 
loss  and  destruction,  as  well  as  delay,  ij  i 
indispensable  work.    Looking  at  tlie  loss  cfil 
bill  in  tliis  point  of  view,  the  President  said; 

"Much  loss  and  inconvenience  hayeljeenJ 
perienced,  in  consequence  of  the  failure  of  j 
bill  containing  the- ordinary  appropriatioul 
fortifications  which  passed  one  branch  of  j 
national  legislature  at  the  last  ses,sion.  liitJ 
lost  in  the  other.  This  failure  was  the  i 
regretted,  not  only  because  it  necessarily  ii 
rupted  and  delayed  the  progress  of  a  mm\ 
national  defence,  projected  immediately  atel 
last  war,  and  since  steadily  pursued,  lut  i 
because  it  contained  a  contingent  appropriilij 
inserted  in  accordance  with  the  yiewsofj 
Executive,  in  aid  of  this  important  objcrt,! 
other  branches  of  the  national  defence,  .J 
portions  of  which  might  have  been  most  nuM 
applied  during  the  past  season.  I  invite  n 
early  attention  to  that  part  of  the  report  cf I 
Secretary  of  War  which  relates  to  this  cif 
and  recommend  an  appropriation  suffioiaj 
liberal  to  accelerate  the  armament  of  thefi 
fications  agreeably  to  the  proposition  stilmlj 
by  him,  and  to  place  our  whole  Atlantic  f 
board  in  a  complete  state  of  defence,  .ij 
regard  to  the  permanent  interests  of  the  coa 
evidently  requires  this  measure.  But  ttifij 
also  other  reasons  which  at  the  present  ji 
ture  give  it  peculiar  force,  and  make  it  | 


AXXO  18R3.    AXDllF.W  JACKSON,  Pnii^inKNT. 


.n 


:] 


ic  to  Bay  that  puch  ^  sjrr^ 
.(le  thronph  r.ny  n?cncv  of  i__ 
y  country  shall  never  U;»tx 
from  me  for  the  Ptatrmimti 
wrformance  of  tluty ;  ror  r^ 
ation  of  my  ofRcial  acts. .  t 
,o  integrity  and  jiistirc.  an.] 
e  principles  on  whirh  our  ir..^ 
•en  framed.  This  dctcnnreoi 
fident,  be  approved  hy  rr,y  J 
ive  indeed  studied  tkirchirwJ 
irpose,  if  the  sum  of  twcntvM 
[incs  will  have  the  wcii'ltf^l 
jstimation  of  what  ayipcrtan; ) 
independence :  and  if,  unlari^ 
)reBsion  should  at  any  tiine ., 
larter,  they  will,  I  am  sun.nij 
>rnment  of  their  choice  wiih»l» 
mity,  and  silence  for  tverthtii 
ation." 

he  fortification  hill  at  tlie  \m 
ccn  a  serious  intcrruiitiontoo 
'noes,  and  an  injury  to  thecoKM 
jf  view,  independently  of  it-eia 
,tions  with  France.  A  system  j 
ermanent  fortification  of  the  cu 
had  been  adopted  at  the  c!«j 
12 ;  and  throughout  our  exteai 
many  works  in  different  dej 
1,  the  stoppage  of  which  imolJ 
truction,  as  well  as  delay,  in  t 
I  work.  Looking  at  the  loss  of  1 
)int  of  view,  the  President  said: 

is  and  inconvenience  haveliteiii 

consequence  of  the  failure  of  j 
ng  the -ordinary  appropriatioti 

which  passed  one  brunch  oH 
slature  at  the  last  session,  kt  J 
ather.  This  failure  was  the  mi 
)t  only  because  it  necessarily  iill 
lelaycd  the  progress  of  a  fysteul 
'nee,  projected  immediately  afterl 
d  Bince  steadily  pursued,  lut  i^ 
)ntained  a  contingent  approprd 

accordance  with  the  views  ofj 
n  aid  of  this  important  objccU 
!hcs  of  the  national  defence,  aj 
vhich  might  have  been  most  u-«fr 
ine  the  past  season.  I  inyitej 
ion  to  that  part  of  the  report  cl 
f  War  which  relates  to  this  satf 
mend  an  appropriation  suffiM 
xelerate  the  armament  of  thet 
reeably  to  the  proposition  subaj 
i  to  place  our  whole  Atlarra: 

complete  state  of  defence.  .U 
le  permanent  iuterestsofthcwd 
equii-es  this  measure.    ButM 

reasons  which  at  the  present  j 
it  peculiar  force,  and  niakc«| 


L,f  to  call  the  subject  to  your  gperinl  con- 

it'ntion." 

The  plan  f'""  *''*'  removal  of  the  Indian.s  to  the 
kMi  of  the  Mississippi  Ijcing  now  in  succes.sful 
-vTt-ss  and  having  well  nigh  reached  its  con- 
Timition.  the  President  took   the  occasion, 
Jbilf  communicating  that  gratifying  fact,  to 
jike  an  authentic  exposition  of  the  humane 
Ljfv  which  had  governed  the  United  States  in 
I, 'tin?  this  policy.    He  showed  that  it  was 
til  more  for  the  benefit  of  the  Indians  than 
At  of  the  white  population  who  were  relieved 
f  their  presence— that  besides  being  fully  paid 
all  the  lands  they  abandoned,  and  receiving 
jnuities  often   amounting    to  thirty  dollai-s 
IheaJ.  and  bein.s  inducted  into  the  arts  of  civil- 
life  thcv  also  received  in  every  instance 
Lre  land  than  they  abandoned,  of  better  quality, 
Hter  situated  for  them  from  its  frontier  situa- 
and  in  the  same  parallels  of  latitude.    This 
rtionof  his  message  will  be  read  with  particu- 
Ifrratification  by  all  persons  of  humane  dis- 
Litions.  and  especially  so  by  all  candid  pcr- 
t;  who  had  been  deluded  into  the  belief  of 
bstice  and  oj^pression  practised  upon  these 
bplc.   lie  said: 

fThe  plan  of  removing  the  aboriginal  people 
)  vet  remain  within  the  settled  portions  of 
I  United  States,  to  the  country  west  of  the 
.  isippi  River,  approaches  its  consummation. 
jras  adopted  on  the  most  mature  consideration 
Ithe  condition  of  this  race,  and  ought  to  be 
|si>tcd  in  till  the  object  is  accomplished,  and 
isci'iited  with  as  much  vigor  as  a  just  regard 
fthiir  circumstances  will  permit,  and  as  fast 
Ihcir  consent  can  be  obtained.  All  preceding 
lerinicnts  for  the  improvement  of  the  Indians 
;  failed.  It  seems  now  to  be  an  established 
,  that  they  cannot  live  in  contact  with  a  civ- 
[d  community  and  prosper.  Ages  of  fruitless 
jeavorshave,  at  length,  brought  us  to  a  know- 
of  this  principle  of  intercommunication 
1  them.  The  pa.st  we  cannot  recall,  but  the 
Ire  we  can  provide  for.  Independently  of  the 
]ty  stipulations  into  which  we  have  entered 
n  the  various  tribes,  for  the  usufructuary 
|t8  they  have  ceded  to  us,  no  one  can  doubt 
moral  duty  of  the  government  of  the  United 
Jes  to  protect,  and,  if  possible,  to  preserve 
[perpetuate,  the  scattered  remnants  of  this 
L  which  are  left  within  our  borders.  In  the 
hrfre  of  this  duty,  an  extensive  region  in 
Test  has  been  assigned  for  their  permanent 
■enw.  It  has  been  divided  into  districts, 
lallotted  among  them.  Many  have  already 
pvcd,  and  others  are  preparing  to  go ;  and 
\  the  exception  of  two  small  bands,  living  in 
Unl  Indiana,  not  exceeding  1,500  persons, 


and  of  the  rhtroktr-:.  all  the  tribes  on  the  ra<t 
side  of  the  Mis.«i>(4i])pi.  andcxtinilin;:  from  I.nko 
Michigan  to  Floriila.  have  oiittn'd  into  «n!:n;n>- 
ments  which  will  lead  to  tliiir  trniL-^plaiifatioii. 
'•  The  plan  for  their  rtMiioviil  ami  n ••e,~tJilili>li- 
ment  is  founded  uixm  the  kiiowlcii^c  we  havo 
pained  of  their  character  an<l  hubit-i.  and  has 
been  dictated  by  a  sjiirit  of  cnlur'^'iMl  liUnility. , 
A  territory  exceeding  in  extotit  that  rormquished,  • 
has  l>een  jiranted  to  each  trilie.  Of  its  diinate, 
fertility,  and  capacity  to  support  an  Indian  im>1)U- 
lation,  the  repre.scntation.s  arc  hijrhly  fiivorable. 
To  these  districts  the  Indians  are  removed  at 
the  expense  of  the  United  States,  and  with  cer- 
tain supplies  of  clothing,  arms,  an>iniinition,  and 
other  indispensable  articles,  they  are  also  fur- 
nished gratuitously  with  provisions  for  the  pe- 
riod of  a  year  after  their  arrival  at  tlieir  new 
homes.  In  that  time,  from  the  nature  of  the 
country,  and  of  the  products  rai.sed  by  them, 
they  can  subsist  themselves  by  n.cjricultural  la- 
bor, if  they  choose  to  resort  to  that  mole  of  life. 
If  they  do  not,  they  are  upon  the  skirts  of  the 
great  prairies,  where  countless  herds  of  buffalo 
roam,  and  a  short  time  suffices  to  ailapt  their 
own  habits  to  the  changes  which  a  change  of 
the  animals  destined  for  their  food  may  require. 
Ample  arrangements  have  also  been  made  for 
the  support  of  schools.  In  some  instances, 
council-houses  and  churches  are  to  be  erected, 
dwellings  constructed  for  the  chiefs,  and  mills 
for  common  use.  Funds  have  been  set  apart 
for  the  maintenance  of  the  poor.  The  most 
necessary  mechanical  arts  have  been  introduced, 
and  blacksmiths,  gimsmiths,  wheelwri;^hts,  mill- 
wrights, &c.  are  supported  among  them.  Steel 
and  iron,  and  sometimes  salt,  are  purchased  for 
them,  and  ploughs  and  other  ftirming  utensil.s 
domestic  animals,  looms,  spinning-wheels,  cars, 
&c.,  are  presented  to  them.  And  besides  these 
beneficial  arrangements,  annuities  are  in  all  cases 
paid,  amounting  in  some  instances  to  more  than 
thirty  dollars  for  each  individual  of  the  tribe  ; 
and  in  all  cases  sufficiently  great,  if  justly  di- 
vided, and  prudently  expended,  to  enable  them, 
in  addition  to  their  own  exertions,  to  live  com- 
fortably. And  as  a  stimulus  for  exertion,  it  is 
now  provided  by  law,  that,  "  in  all  cases  of  the 
appointment  of  interpreters,  or  other  persons 
employed  for  the  benefit  of  the  Indian,  a  pre- 
ference shall  be  given  to  persons  of  Indian  de- 
scent, if  such  can  be  found  who  ai'e  properly 
qualified  for  the  discharge  of  the  duties." 

The  effect  of  the  revival  of  the  gold  currency 
was  a  subject  of  great  congratulation  with  the 
President,  and  its  influence  was  felt  in  every  de- 
partment of  industry.  Near  twenty  millions  of 
dollars  had  entered  the  country — a  sum  fiir 
above  the  average  circulation  of  the  Bank  of  the 
United  States  in  its  best  days,  and  a  currency 
of  a  kind  to  diffuse  itself  over  the  country,  and 
remain  where  there  was  a  demand  for  it,  and  for 


574 


THIRTY  YEAIIS'  VIEW. 


which,  flifTercnt  from  a  hank  papor  currency,  no 
interest  was  paid  for  its  use,  and  no  danper  in- 
curred of  its  iM-'cominR  useless.  He  thus  referred 
to  this  frratifying;circuinstanc3; 

"  Connected  with  the  con<lition  of  the  finan- 
ces, and  the  fiourishiuf;  state  of  the  country  in 
all  its  hranches  of  industry,  it  is  pleasing  to  wit- 
ness tlie  advantages  which  have  been  already 
derived  from  the  recent  laws  rcKulating  tlie  value 
of  the  gold  coinai^o.     These  advantages  will  he 
more  apparent  in  the  course  of  the  next  year, 
when  the  branch  mints  authorized  to  be  establish- 
ed in  North  Carolina,  Georgia,  and  I^itiisiana, 
shall  have  gone  into  operation.    Aided,  as  it  is 
noped  they  will  be,  by  further  roforms  in  the 
banking  systems  of  the  States,  and  by  judicious 
regulations  on  the  part  of  Congress  in  relation 
to  the  custody  of  the  public  moneys,  it  may  be 
confidently  anticipated  that  the  use  of  gold  and 
silver  as  a  circulating  medium  will  become  gene- 
ral in  the  ordinary  transactions  connected  with 
the  labor  of  the  country.    The  great  desideratum, 
in  modern  times,  is  an  efficient  check  upon  the 
power  of  banks,  preventing  that  excessive  issue 
of  paper  whence  arise  those  fluctuations  in  the 
standard  of  value  which  render  uncertain  the 
rewards  of  labor.     It  was  supposed  by  those 
who  established  the  Bank  of  the  United  States, 
that,  from  the  credit  given  to  it  by  the  custody 
of  the  public  moneys,  and  other  privileges,  and 
the  precautions  taken  to  guard  against  the  evils 
wliich  the  country  had  suffered  in  the  bankrupt- 
cy of  many  of  the  State  institutions  of  that 
period,  we  should  derive  from  that  institution 
all  the  security  and  benefits  of  a  sound  currency, 
and  every  good  end  that  was  attainable  under 
that  provision  of  the  constitution  which  author- 
izes Congress  alone  to  coin  money  and  regulate 
the  value  thereof.     But  it  is  scarcely  necessary 
now  to  say  that  these  anticipations  have  not 
been  realized.    After  tlie  extensive  embarrass- 
ment and  distress  recently  produced  by  the  Bank 
of  the  United  States,  from  which  the  country  is 
now  recovering,  aggravated  as  they  were  by  pre- 
tensions to  power  which  defied  the  public  au- 
thority, and  which,  if  acquiesced  in  by  the  peo- 
ple, would  have  changed  the  whole  character  of 
our  government,  every  candid  and  intelligent 
individual  must  admit  that,  for  the  attainment 
of  the  great  advantages  of  a  sound  currency,  we 
must  look  to  a  course  of  legislation  radically 
dillcrent  from  that  which  created  such  an  insti- 
tution." 

» 

Railroads  were  at  this  time  still  in  their  in- 
fancy in  the  United  States ;  they  were  but  few 
in  number  and  comparatively  feeble;  but  the 
nature  of  a  monopoly  is  the  same  under  all  cir- 
cumstances ;  and  the  United  States,  in  their  post- 
office  department,  had  begun  to  feel  the  effects 
of  the  extortion  and  overbearing  of  monopolizing 
eompanics,  clothed  with  chartered  privileges  in- 


tended to  bo  for  the  public  u  well  ^  ..^ 
advantage,  but  usually  perverted  to  purpo^,^ 
self  enrichment,  and  of  oppression.    Tlie  cvi' 
already  become  bo  serious  aa  to  require  tlx 
tention  of  Congress ;  and  the  President  td.  < 
commended  the  subject  to  its  considerat;„» . 

"Particular  attention  is  solicited  to  thatB 
tion  of  the  report  of  the  postmafUrtTr 
which  relates  to  the  carriage  of  the  mails  <il 
United  States  upon  railroads  construcu,]  i 
private  corporations  under  the  authoritvfifi] 
several  States.    The  reliance  which  the  civ 
government  can  place  on  those  roads  &%  a  n 
of  carrying  on  its  operations,  and  the  princ-i 
on  which  the  use  of  them  is  to  be  obtainiHj,  j 
not  too  soon  be  considered  and  settled.   Ali* 
does  the  spirit  of  monopoly  begin  to  exiiihy 
natural  propensities  in  attempts  to  exact  fm 
the  public,  for  services  which  it  supposescit 
be  obtained  on  other  terms,  the  most  e.\trav»i_ 
compensation.    If  these  claims  be  pcrsistel^ 
the  question  may  arise  whether  a  conibinjii 
of  citizens,  acting  under  charters  of  incoriKjna 
from  the  States,  can,  by  a  direct  refusal  or  t 
demand  of  an  exorbitant  price,  exclufletheril 
ted  States  from  the  use  of  the  establishcltlB 
nels  of  communication  between  the  uitftu 
sections  of  the  country ;  and  whether  the  I'm 
States  cannot,  without  transcending  their  t, 
stitutional  powers,  secure  to  the  post-officel 
partment  the  use  of  those  roads,  by  an  m  J 
Congress  which  shall  provide  within  itself  j^ 
equitable  mode  of  adjusting  the  amount  of  j 
pensation.    To  obviate,  if  possible,  the  m 
of  considering  this  question,  it  is  i\i^ 
whether  it  bo  not  expedient  to  fix,  by  lawl 
amounts  which  shall  be  offered  to  railroaded 
panies  for  the  '^onyeyance  of  the  mails,  cradJ 
ed  according  to  Iheir  average  weight,  to  \A 
certained  and  declared  by  the  postmasterfj 
ral.    It  is  probable  that  a  liberal  propositiail 
that  sort  would  be  accepted." 

The  subject  of  slavery  took  anew  tumotjj 
turbance  between  the  North  and  Souilnl«[ 
this  time.    The  particular  form  of  annoyi 
which  it  now  wore  was  that  of  the  transmia 
into  the  slave  States,  through  the  United  k 
mail,  of  incendiary  publications,  tending  to  ^ 
cite  servile  insurrections.    Societies,  indiridi 
and  foreigners  were  engaged  in  tliis  diaVi] 
work — as  injurious  to  the  slaves  by  the  fan 
restrictions  which  it  brought  upon  theiii,y| 
the  owners  whose  lives  and  property  werf( 
dangered.    The  President  brought  this  pn 
to  the  notice  of  Congress,  with  a  vicvf  ul 
remedy.    He  said : 

"  In  connection  with  these  provisions  ia J 
lation  to  the  post-office  department,  1  \nsAi 


ANNO  1835.     ANDREW  JACK!?ON',  rRF^SlDENT 


tJ<.) 


r  the  public  an  well  »  pn 

usually  perverted  to  pnrpo^^ 

and  of  oppression.    Tlie  ivii;, 

80  serious  ail  to  ro'niirctlxj 

tcsb;  and  the  President  thiit 

subject  to  its  consideniir,-,; 

nttention  is  8olicite<l  to  th:i!  •„ 
jport  of  the  postmacter-tfrw 
,o  thecarria|?o  of  the  niail-rf^ 

upon  railroads  cnnstnicibi  \ 

itions  under  the  authority  (.ftl 

The  reliance  which  the  »ii 

n  place  on  those  roads  as  a  r.., 

its  operations,  and  the  princiji 
ise  of  them  is  to  be  obtaiinnlj 
;  considered  and  settled.   Alw 

of  monopoly  begin  to  exliibiin 
asities  in  attempts  to  exact  f™ 

services  which  it  suppo««scM 

other  terms,  the  most  e.xtravaj 
If  these  claims  be  persisfe., 
nay  arise  whether  a  conibiMu 
ing  under  charters  of  incorjKina 
;e8,  can,  by  a  direct  refusal  orL 

exorbitant  price,  exclude  theC^ 
m  the  use  of  the  establisht  1  cbj 
munication  between  the  aitteu 
ecoimtry;  and  whether  tlie  lei 
t,  without  transcending  their  t 
)wers,  secure  to  the  post-offial 
B  use  of  those  roads,  by  an  att  j 
ich  shall  provide  within  itself  s 
de  of  adjusting  the  amount  of  c 
ro  obviate,  if  possible,  the  nccH 
ng  this  question,  it  is  t\i^ 

0  not  expement  to  fix,  by  law,  J 
ich  shall  be  offered  to  railroad  c 
e  f^onveyance  of  the  mails,  rad 

to  their  average  weight,  to  teJ 
d  declared  by  the  postmaster^ 
•obable  that  a  liberal  propositioij 
»uld  be  accepted." 

ict  of  slavery  took  anew  turn  of  J 
itween  the  North  and  Southilii 
The  particular  form  of  atmoyi 
tv  wore  was  that  of  the  transmis 
ve  States,  through  the  United  Sd 
endiary  publications,  tending  to  J 
insurrections.  Societies,  indi* 
era  were  engaged  in  tliis  diak 
njurious  to  the  slaves  bythetiU 

1  which  it  brought  upon  themjj 
whose  lives  and  property  weir  f 
The  President  brought  this  pn 

tice  of  Congress,  with  a  view  u| 
[le  said : 
ncction  with  these  provisioniiij 
lio  post-office  department,  I  mii.<f 


L„((  voiir  attention  to  the  painful  excitement 
)„^,|  in  tla  South  by  attempts  to  circulate 
p,ii;h  the  mails  inflammatory  ap|)ealsaddres8ed 
,,i,,,"na.sjion:s  of  the  slaves,  in  prints,  and  in 
finmn  sorts  of  publications,  ralculated  to  stimu- 
ku' their,  to  insurrection,  and  to  produce  all  the 
lorriirs  of  a  servile  war.     Tliere  is  doubtless  no 
..pectable  iiortiim  of  our  countrymen  who  can 
►  l,  far  mii'k'd.  as  to  feel  any  other  sentiment 
Inn  that  of  indignant  regret  at  conduct  so  de- 
Inictive  of  the  luirniony  and  peace  of  the  coun- 
h-  and  so  nimgnant  to  the  principles  of  our 
Ltkinal  compact  and  to  the  dictates  of  humanity 
:  rtlit-'ion-     ^'"'   happiness  and  prosperity 
intially  depend  upon  peace  within  our  bor- 
brs ;  and  peace  de{»ends  upon  the  maintenance, 
tpood  faith,  of  those  compromises  of  the  con- 
itution  upon  which  the  Union  is  founded.    It 
Ifurtunate  for  the  country  that  the  good  sense, 
t  eenornus  feeling,  and  the  deep-rooted  attach- 
fcntofthe  people  of  the  non-slaveholding  States, 
[the  Union,  and  to  their  fellow-citizens  of  the 
ne  blood  in  the  South,  have  given  so  strong 
J  impressive  a  tone  to  the  sentiments  enter- 
ined  against  the  proceedings  of  the  misguided 
Irsuns  who  have  engaged  in  these  unconstitu- 
jial  and    wicked  attempts,   and  especially 
tinst  the  emissaries  from  foreign  parts,  who 
Iredai^d  to  interfere  in  this  matter,  as  to  au- 
hrizethe  hope  that  those  attempts  will  no 
Lerbe  persisted  in.    But  if  these  expressions 
Viie  public  will,  shall  not  be  sufficient  to  effect 
desirable  a  result,  not  a  doubt  can  be  enter- 
loed  that  the  non-slaveholding  States,  so  far 
countenancing  the  slightest  interference 
I  tlie  constitutional  rights  of  the  South,  will 
[prompt  to  exercise  their  authority  in  sup- 
Tssing,  so  far  as  in  them  lies,  whatever  is  cal- 
ked to  produce  this  evil.    In  leaving  the 
[  of  other  branches  of  this  interesting  sub- 
t  to  the  State  authorities,  to  whom  they  pro- 
hy  belong,  it  is  nevertheless  proper  for  Con- 
p  to  take  such  measures  as  will  prevent  the 
l-oflice  department,  which  was  designed  to 
ter  an  amicable  intercourse  and  correspond- 
t  between  all  the  members  of  the  confeder- 
]  from  being  used  as  an  instrument  of  an  op- 
■te  character.    The  general  government,  to 
|ch  the  great  trust  is  confided  of  preserving 
jalate  the  relations  created  among  the  States, 
|he  constitution,  is  especially  bound  to  avoid 
own  action  any  thing  that  may  disturb 
I  would,  therefore,  call  the  special  atten- 
I  of  Congress  to  the  subject,  and  respectfully 
jest  the  propriety  of  passing  such  a  law  as 
[prohibit,  under  severe  penalties,  the  circu- 
I  in  the  Southern  States,  through  the  mail, 
tndiary  publications  intended  to  instigate 
fclives  to  insurrection." 

!  President  in  this  impressive  paragraph 
|es  a  just  distinction  between  the  conduct 
Ifguided  men,  and  of  wicked  emissaries,  en- 
I  in  disturbing  the  harmony  of  the  Union, 


and  the  patriotic  iHM.pIcof  the  nnn-slavthol.iinp 
States  wlio  discoiuitiimnei'  tluir  work  -.ml  re- 
press their  ialxirs.  Tin-  fnniur  no.ivo  tlio 
brand  of  reprobntion,  and  nro  ].oiiiti-.l  ,.ut  for 
criminal  Icpisltition:  the  latter  riiTivc  tlit>  ap- 
plause due  to  good  citizen-'. 

The  President  concludi'S  this  nicssa^:!'.  ns  }io 
had  done  many  others,  with  a  recurrtiicf  to  the 
necessity. of  refijrm  in  the  mode  of  electing  the 
two  first  officers  of  the  Itepuldio.  His  con- 
victions must  have  been  deep  and  stroiii;  thus 
to  bring  him  back  so  many  times  to  the  funda- 
mental point  of  direct  elections  by  the  people, 
and  total  suppression  of  all  intermediate  agen- 
cies.    He  says : 

"I  felt  it  to  be  my  duty  in  the  (hst  mossape 
which  I  communicated  to  Congress,  to  uijre  upon 
its  attention  the  propriety  of  amending  that  pari 
of  the  constitution  which  provides  tor  the  elec- 
tion of  the  President  and  the  Vice-President  of 
the  United  States.  The  leading  object  which  J 
had  in  view  was  the  adoption  of  some  new  jiro 
vision,  which  would  secure  to  the  people  the 
performance  of  this  high  duty,  witlionl  any  in- 
termediate agency.  In  my  annual  comnurnica 
tions  since,  I  have  enforced  the  same  viewt 
from  a  sincere  conviction  that  the  Ijost  inteiest* 
of  the  country  would  be  promoted  by  their 
adoption.  If  the  subject  were  an  ordinary  one, 
I  should  have  regarded  the  failure  of  Congress 
to  act  upon  it,  as  an  indication  of  tlieir  judg- 
ment, that  the  disadvantages  which  belong  to  the 
present  system  were  not  so  great  as  tluxe  which 
would  result  from  any  attainable  substitute  that 
had  been  submitted  to  their  consideration.  Re- 
collecting, however,  that  propositions  to  intro- 
duce a  new  feature  in  our  fundamental  laws 
cannot  be  too  patiently  examined,  and  ought 
not  to  be  received  with  favor,  u;.»l  the  great 
body  of  the  people  are  thoroughly  impressed 
with  their  necessity  and  value,  as  a  remedy  for 
real  evils,  I  feel  that  in  renewing  the  recom- 
mendation I  have  heretofore  made  on  this  sub- 
ject, I  am  not  transcending  the  bounds  of  a  just 
deference  to  the  sense  of  Congress,  or  to  the 
disposition  of  the  people.  However  much  we 
may  differ  in  the  choice  of  the  measures  which 
should  guide  the  administration  of  the  govern- 
ment, there  can  be  but  little  doubt  in  the  minds 
of  those  who  are  really  friendly  to  the  rei)ub- 
lican  features  of  our  system,  that  one  of  its  most 
important  securities  consists  in  tlie  separation 
of  the  legislative  and  executive  powers,  at  the 
same  time  that  each  is  held  responsible  to  the 
great  source  of  authority,  which  is  acknowledged 
to  be  supreme,  in  the  will  of  the  people  consti- 
tutionally expressed.  My  reflection  and  experi- 
ence satisfy  me,  that  the  framers  of  the  consti. 
tution,  although  they  were  anxious  to  mark 
this  feature  as  a  settled  and  fixed  juineiple  in 
the  structure  of  the  government,  did  nut  adopt 


im 


57G 


THIRTY  YKAR.S'  VlliW. 


all  the  pi-cc.'nitiona  that  were  ncrcssary  to  se- 
cure its  ]ii'ai'tical  ohserviince,  and  that  we  ainnot 
be  said  to  hiivi;  cnirieil  into  complete  effect  their 
intent  ions  until  the  evils  vhich  arise  from  this 
opfranic  »!(f<'ct  are  remedied.  All  history  tells 
us  that  a  free  jMoplc  should  be  watchful  of  dele- 
gated powi  r.  and  Hhould  never  acquiesce  in  a 
jiractice  w  liich  will  diminish  their  control  over 
It.  This  obligation,  so  imivcrsal  in  its  applica- 
tion to  all  the  principles  of  a  Republic,  is  pecu- 
liarly so  in  ours,  where  the  formation  of  parties, 
founded  on  .-ectional  interests,  is  so  much  fos- 
tered by  the  extent  of  our  territory.  These 
interests,  representet'  by  candidates  for  the 
Presidency,  are  constantly  prone,  in  the  zeal  of 
l>arty  and  .sillish  objects,  to  generate  influences, 
unmindful  of  tiie  fteneral  good,  and  forgetful  of 
the  restraints  which  the  great  body  of  the  peo- 
ple would  enforce,  if  they  were,  in  no  contingen- 
cy, to  lose  the  right  of  expressing  their  will. 
'J'he  e.vperionce  of  our  country  from  the  forma- 
tion of  the  government  t<i  the  present  day,  de- 
monstrates that  the  people  cannot  too  soon 
adopt  some  stronger  safeguard  for  their  right  to 
elect  the  highest  oflicers  known  to  the  constitu- 
tion, than  is  contained  in  that  sacred  instrument 
as  it  now  stands." 


CHAPTER    CXXX. 

ABOLITION  OV  SLAVERY  IN  TIIE  DISTRICT  OF 
COLUMBIA. 

Mb.  Buchanan  presented  the  memorial  of  the 
religious  society  of  "  Friends,"  in  the  State  of 
Pennsylvania,  adopted  at  their  Cain  quarterly 
meeting,  requesting  Congress  to  abolish  slavery 
and  the  slave  trade,  in  the  District  of  Columbia. 
lie  said  the  memorial  did  not  emanate  from  fana- 
tics, endeavoring  to  disturb  the  peace  and  secu- 
rity of  society  in  the  Southern  States,  by  the  dis- 
tribution of  incendiary  publications,  but  from  a 
society  of  Christians,  whose  object  had  always 
been  to  promote  good-will  and  peace  among 
men.  It  was  entitled  to  respect  from  the  cha- 
racter of  the  memorialists;  but  he  dissented 
from  the  opinion  which  they  expressed  and  the 
request  which  they  made.  The  constitution 
recognized  slavery ;  it  existed  here ;  was  found 
here  when  the  District  was  ceded  to  the  United 
States ;  the  slaves  here  were  the  property  of  the 
inhabitants ;  and  he  was  opposed  to  the  disturb- 
ance of  their  rights.  Congress  had  no  right  to 
interfere  with  slavery  in  the  States.  That  was 
delermiued  in  the  first  Congress  that  ever  sat — 


in  the  Congress  which  commenced  ii,  i;,, 
ended  in  17'.>1 -and  in  the  Hrst  session  of , 
Congress.     The  Religious  Society  t,(  y, 
then  petitioned  Congress  against  slavorv  mi 
was  resolved,  in  answer  to  that  petitim  ij 
Congress  had  no  authority  to  intirfcn.  ^ 
emancipation  of  slaves,  or  with  their  titatnyJ 
in  any  of  the  States :  and  that  was  the  aiii 
still  to  be  given.     IIo  then  adverted  to  tht  j 
cumstances  under  which  the  memorial  buJ 
sented.    A  number  of  fanatics,  led  on  bv  f,  u 
incendiaries,   have   been    scattering  f\T,.u 
through  the  Southern  States — publications 
pictures  exciting  the  slaves  to  revolt,  anil  toii 
destruction  of  their  owners.    Instead  of  I, 
fiting  the  slaves  by  this  conduct,  thty  do  tin 
the  greatest  injurj ,  causing  the  bonds  to  1 
drawn  tighter  upon  them;  and  postponing  cm 
cipation  even  in  those  States  which  miphtetj 
tually  contemplate  it.     These  were  his  opini,! 
on  slavery,  and  on  the  prayer  of  this  mimoj 
lie  was  opposed  to  granting  the  prayer,  but  i 
in  favor  of  receiving  the  petition  as  the 
one  had  been  received,  in  1790,  and  givlncitii 
same  answer ;  and,  he  had  no  doubt,  witk  i| 
same  happy  effect  of  putting  an  end  tis 
applications,  and  giving  peace  and  quittiod 
country.    He  could  not  vote  for  the  moiioil 
the  senator  from  South  Carolina,  Mr.  Calk 
to  reject  it.    lie  thought  rejection  wo 
flame  the  question :  reception  and  condcniDi 
would  quiet  it.    Mr.  Calhoun  had  moved  to  i| 
ject  all  petitions  6f  the  kind— not  rijcctDi 
their  merits,  after  consideration,  but  Wa 
hand,  when  presented  for  reception.   Tliiiii 
the  starting  point  of  a  long  and  acrinwiii 
contest  in  the  two  Houses  of  Congress,  inwli^ 
the  right  of  petition  was  maintained  ononesi 
and  the  good  policy  of  quieting  the  qucstiai 
reception  and  rejection :  on  the  other  side,  itif 
held  that  the  rights,  the  peace,  and  the  d 
of  the  States  required  all  ai  ti-slavcry  ptiitii 
to  be  repulsed,  at  the  first  presentation,  niili 
reception  or  consideration.    The  author  of  t| 
View  aspired  to  no  lead  in  conducting  tliisi 
tion ;  he  thought  it  was  one  to  be  sciiMJ 
policy ;  tha-  is  to  say,  in  the  way  that  h 
soonest  quiet  it.    He  thought  there  was  sdi 
line  f-i  distinction  between  mistaken  pliil 
thropists,  and  mischievous  inccndiaric'5-al.'(| 
tween  the  free  States  themselves  and  tlieii 
diary  societies  and  individuals  within  ikw.i 


ANNO  1835.     ANDKF.W  JACKSON,  I'UESIDKNT. 


r)77 


fhich  commcncwl  in  ITvij 
lul  in  the  lirst  sisuDn  of  \ 
Ucligious  Society  of  Ft*i 
'ongrt'Sii  against  slaviTY.ai,.! 
answer  to  that  iittiii.,n.  lia 
}  authority  to  intirf>.^  ;ii  j 
slaves,  or  with  tlieir  tnatny-j 
lies :  and  that  was  tlic  aiij 
llo  then  adverteil  to  tht  I 
;r  wViich  the  memorial  wis  (.J 
bcr  of  fanatics,  led  on  hyhi^ 
ivc   been    scattering  fmlti 
athcrn  States— publications 
g  tho  slaves  to  revolt,  awl  to  ti 
their  owners.    Instead  of  !<« 
s  by  this  conduct,  they  do  itJ 
njurj ,  causing  the  bonds  to  \ 
ipon  them;  and  postponing ci 
n  those  States  which  mi|:ht«( 
)latc  it.    These  were  his  opinii 
i  on  the  prayer  of  this  mm\ 
cd  to  granting  the  prayer,  but 
ceiving  the  petition  as  the 
received,  in  1790,  and  giving  it 
•  and,  he  had  no  doubt,  wiik 
effect  of  putting  an  end  t 
and  giving  peace  and  quiet  to 
i  could  not  vote  for  the  motion 
rom  South  Carolina,  Mr.  Call 
He  thought  rejection  woul 
sstion :  reception  and  condcmi 
it.    Mr.  Calhoun  had  movcJto 
tions  6f  the  kind— not  Kjett 
after  consideration,  but  Itt 
presented  for  reception.  This 
point  of  a  long  and  acrimi 
two  Houses  of  Congress,  initl 
petition  was  maintained  on  one: 
policy  of  quieting  the  qucstiM 
d  rejection:  on  the  other  side,  if 
le  rights,  the  peace,  and  the  d^ 
required  aU  aiti-slavery  pctil 
.ed,  at  the  first  presentation,  mi 
consideration.    The  author  of 
d  to  no  lead  in  conducting  tliii 
lought  it  was  one  to  be  scitli 
is  to  say,  in  the  way  that  «i 
etit.    He  thought  there  was  J 
stinction  between  mi.s;akcu  p! 
,nd  mischievous  incendiarits-jUl 
free  States  themselves  and  the 
ties  and  individuals  within  them 


le 


:s 


k  «n  early  moment  to  express  these  opinions  ' 
order  to  Bit  up  the  line  between  what  was 
irttke  and  what  was  crime— and  l)Ctwecn  tho  ^ 
i  of  individuals,  on  one  hand,  and  of  States, 
the  other;  and  in  that  sense  delivered  the 
JlowinR  speech : 

-  Mr.  Benton  rose  to  express  his  concurrence 
thecupgcstion  of  the  senator  from  Pcnnsyl- 
jii  (Mr.  Buchanan),  that  the  consideration 
this  subject  bo  postponed  until  Monday.    It 
come  up  suddenly  and  unexpectedly  to-day, 
the  postponement  would  give  an  opportunity 
senators  to  reflect,  and  to  confer  together, 
id  to  conclude  what  was  best  to  be  done,  where 
were  united  it.  wiihing  the  same  end,  namely, 
aliav  and  not  to  produce,  excitement.    He 
risen  for  this  purpose  ;  but,  being  on  his 
It  be  would  say  a  few  words  on  the  general 
(ject.  which  the  presentation  of  these  peti- 
is  had  so  suddenly  and  unexpectedly  brought 
AVith  respect  to  the  petitioners,  and  those 
th  whom  they  acted,  ho  had  no  doubt  but 
it  many  of  them  were  good  people,  aiming  at 
icTolent  objects,  and  endeavoring  to  anielior- 
the  condition  of  one  part  of  the  human  race, 
houl  inflicting  calamities  on  another  part ; 
they  were  mistaken  in  their  mode  of  pro- 
ig;  and  so  far  from  accomplishing  any  part 
[heir  object,  the  whole  effect  of  their  inter- 
ition  was  to  aggravate  tho  condition  of  those 
hose  behalf  they  were  interfering.     But 
was  another  part,  and  he  meant  to  speak 
le  abolitionists,  generally,  as  tho  body  con- 
ig  the  part  of  which  he  spoke ;  there  was 
ther  part  whom  he  could  not  qualify  as  good 
lie,  seeking  benevolent  ends  by  mistaken 
but  as  incendiaries  and  agitators,  with 
ilical  objects  in  view,  to  be  accomplished  by 
;ed  and  deplorable  means.    He  did  not  go 
ihe  proofs  now  to  establish  the  correctness  of 
linion  of  this  latter  class,  but  he  presumed 
luld  be  admitted  that  every  attempt  to  work 
the  passions  of  the  fclnves,  and  to  excite 
to  murder  their  owners,  was  a  wicked  and 
ilical  attempt,  and  the  work  of  a  midnight 
iary.    Pictures  of  slave  degradation  and 
,  and  of  the  white  man's  luxury  and  cru- 
ere  attempts  of  this  kind ;  for  they  were 
to  the  vengeance  of  slaves,  and  not  to 
telligence  or  reason  of  those  who  legis- 
for  them.    He  (Mr.  B.)  had  had  many 
»  of  this  kind,  as  well  as  many  diabolical 

Vol.  I.-37 


publications,  sent  to  him  on  tlii-<  suhjoct,  during 
the  last  summer;  the  wholt>  of  which  he  had 
cast  int<»  the  ttro,  and  shonM  not  have  thout;lit 
of  referring  to  tlic  rinum.itanro  at  this  tijne,  as 
displaying  the  charncter  of  the  incendiary  part 
of  the  alK)litionists,  had  he  not,  within  these  few 
days  past,  and  while  abolition  petitions  were 
pouring  into  the  other  end  of  the  Cajiitol,  re- 
ceived one  of  these  pictures,  tho  design  of  which 
could  be  nothing  but  mischief  of  the  blackest 
dye.    It  was  a  print  from  an  engraving  (and  Mr. 
H.  exhibited  it,  and  handed  it  to  senators  near 
him),  representing  a  large  and  spreading  tree  of 
liberty,  beneath  whose  ample  shade  a  .slave  own- 
er was  at  one  time  luxuriously  reposing,  with 
slaves  fanning  him ;  at  another,  carried  forth  in 
a  palanquin,  to  view  the  half-naked  laborers  in 
the  cotton  field,  whom  drivers,  with  whips,  w  ere 
scourging  to  the  task.    The  print  was  evidently 
from  the  abolition  mint,  and  came  to  him  by 
some  other  conveyance  than  that  of  tho  mail, 
for  there  was  no  post-mark  of  any  kind  to  iden- 
tify its  origin,  and  to  indicate  its  line  of  march. 
For  what  purpose  could  such  a  picture  bo  in- 
tended, unless  to  inflame  the  passions  of  slaves  ? 
And  why  engrave  it,  except  to  multiply  copies 
for  extensive  distribution  ?    But  it  was  not  pic- 
tures alono  that  operated  upon  tho  passions  of 
the  slaves,  but  speeches,  publications,  petitions 
presented  in  Congress,  and  the  whole  machinery 
of  abolition  societies.    None  of  these  things  wont 
to  the  understandings  of  the  slaves,  but  to  their 
pa.ssions,  all  imperfectly  understood,  and  inspir- 
ing vague  hopes,  and  stimulating  abortive  and 
fatal  insurrections.    Societies,  especially,  were 
the  foundation  of  the  greatest  mischiefs.   What- 
ever might  be  their  objects,  the  slaves  never  did, 
and  never  can,  understand  them  but  in  one  way : 
as  allies  organized  for  action,  and  ready  to  march 
to  their  aid  on  the  first  signal  of  insurrection  ! 
It  was  thus  that  the  ma.ssacre  of  San  Domingo 
was  made.    The  society  in  Paris,  Zrfs  Amis  ilea 
Noirs,  Friends  of  tho  Blacks,  with  its  affiliated 
societies  throughout  France  and  in  London,  made 
that  massacre.     And  who  composed  that  socie- 
ty ?     In  the  beginning,  it  comprised  tho  ex- 
tremes of  virtue  and  of  vice ;  it  contained  tho 
best  and  the  basest  of  human  kind  !    Lafayette 
and  the  Abbe  Gregoire,  those  purest  of  philan- 
thropists ;  and  Marat  and  Anacharsis  Clootz, 
those  imps  of  hell  in  human  shape.    In  the  end 
(for  all  such  societies  run  the  same  career  of  de- 


078 


THIRTY  YF.AUS-  VIEW 


gunGration),  the  j^ood  men,  difgiisted  with  their 
associate?,  retired  from  t!iu  Kctiiio ;  and  tho 
wicked  ruled  at  pleasure.  Declamationi^  ogninHt 
slavery,  publications  in  gazettes,  pictures,  peti- 
tions to  tho  constituent  a«Kenibly,  were  the  mode 
of  proceeding ;  and  tho  fish-women  of  Paris — 
he  said  it  with  humiliation,  because  American 
females  had  signed  the  petitions  now  before  us 
— the  fish-women  of  Paris,  tho  very  poissardea 
iiom  tho  quays  of  tho  Seine,  became  tho  obstre- 
I>erou£  champions  of  West  India  emancipation. 
The  effect  upon  the  French  islands  is  known  to 
tho  world ;  but  what  is  not  known  to  the  world, 
or  not  sufficiently  known  to  it,  is  that  tho  same 
societies  which  wrapt  in  flames  and  drenched  in 
blood  the  beautiful  island,  which  was  then  a 
garden  and  is  now  a  wilderness,  were  the  means 
of  exciting  an  insurrection  upon  our  own  conti- 
nent :  in  Louisiana,  where  a  French  slave  popu- 
lation existed,  and  where  the  language  of  Les 
Atnis  (lea  Noira  could  be  understood,  and  where 
their  emissaries  could  glide.  The  knowledge 
of  this  event  (Mr.  B.  said)  ought  to  be  better 
known,  both  to  show  the  danger  of  these  socie- 
ties, however  distant,  and  though  oceans  may 
roll  between  them  and  their  victims,  and  the 
fate  of  tho  slayes  who  may  be  excited  to  insur- 
rection by  them  on  any  part  of  <ho  American 
continent.  lie  would  read  the  notice  of  the 
event  from  the  work  of  Mr.  Charles  Gayarre, 
lately  elected  by  his  native  State  to  a  seat  on 
this  floor,  and  whose  resignation  of  that  honor 
he  sincerely  regretted,  and  particularly  for  the 
cause  which  occasioned  it,  and  which  abstracted 
talent  from  a  station  that  it  would  have  adorned. 
Mr.  B.  read  from  the  work, '  Essai  Historique 
sur  la  Louijiane : '  '  The  white  population  of 
Louisiana  was  not  the  only  part  of  the  popula- 
tion which  was  agitated  by  the  French  revolu- 
tion. The  blacks,  encouraged  without  doubt  by 
tho  success  which  their  race  had  obtained  in  San 
^omingo,  dreamed  of  liberty,  and  sought  to 
shake  ofi'  the  yoke.  The  insurrection  was  plan- 
ned at  Pointe  Coupee,  which  was  then  an  iso- 
lated parish,  and  in  which  the  number  of  slaves 
was  considerable.  The  conspiracy  took  birth  on 
the  plantation  of  Mr.  Julien  Poydras,  a  rich 
planter,  who  was  then  travelling  in  the  United 
States,  and  spread  itself  rapidly  throughout  the 
parish.  The  death  of  all  the  whites  was  re- 
solved. Happily  the  conspirators  could  not 
agree  i]pon  the  day  for  the  massacre ;  and  from 


this  dieagrt'eraent  resultffl  a  riuarrc!,  \vhj,|    A 
to  tho  discovery  of  the  plot.    The  militia  of  i   I 
parish  immediately  took  anns,  nnd  the  }^,, 
<le  Carondelct  caused  them  to  be  supfioru^i  i- 1 
tho  troops  of  tho  line.     It  wa.s  resolved  t„  . 
rest,  and  to  punish  the  princip.-d  coiisi,ir,tor,  I 
The  slaves  opposed  it;  but  they  wii-c,,„j(i,|J 
dispersed,  with  the  loss  of  twenty  of  thtir  Dur>| 
ber  killed  on  the  spot.     Fifty  of  the  insiir-c-J 
were  condemned  to  death.    Sixteen  wtrc  hJ 
cuted  in  different  parts  of  tho  parisli;  tliff^,,! 
were  put  on  board  a  galley  aid  hiinf;  at  intc. 
vals,  all  along  the  river,  as  far  as  Ntw  Orli^l 
(a  distance  of  ono  hundred  and  fifty  milisi 
Tho  severity  of  the  chastisement  intimidated  t^J 
blacks,  and  all  returned  to  perfect  ordir,' 

"  Resuming  his  remarks,  Mr.  B.  snid  Ih;  1 
read  this  passage  to  show  that  our  wlute  nrpid 
lation  had  a  right  to  dread,  nay,  were  bound  tj 
dread,  tho  mischievous  influence  of  tlieM-  s/ J 
eties,  even  when  an  ocean  intervened,  and  ni«J 
more  when  they  stood  upon  tho  same  IkuJ 
phere,  and  within  the  bosom  of  the  sainecdjnirrJ 
He  had  also  read  it  to  show  the  miserable  fate  ^ 
their  victims,  and  to  warn  all  that  were  m 
and  virtuous — all  that  were  honest,  but  mistai 
— in  the  three  hundred  and  fifty  affiliated  i 
cicties,  vaunted  by  the  individuals  who  iiri 
themselves  their  executive  committee,  and  n 
date,  from  the  commercial  emporium  of  tij 
Union,  their  high  manifesto  against  the  Pre 
dent;  to  warn  them  at  once  to  secede  from  j 
sociations  which,  whatever  may  be  their  dcjii 
can  have  no  other  efiect  than  to  revive  ia  t 
Southern  States  the  tragedy,  not  of  San  Doi 
go,  but  of  the  parish  of  Pointe  Coupe6. 

"Mr.  B.  went  on  to  say  that  these  societiesli 
already  perpetrated  more  mischief  than  ik'A 
remainder  of  all  their  lives  spent  in  prajenj 
contrition,  and  in  works  of  retribution.  ( 
ever  atone  for.    They  had  thrown  the  state  J 
the  emancipation    question    fifty  years  i 
They  had  subjected  every  traveller,  and  e 
emigrant,  from  the  non-slaveholding  Stataj 
be  received  with  coldness,  and  viewed  wiibj 
picion  and  jealousy,  in  the  slaveholding  Stii 
They  had  occasioned  many  slaves  to  lose  t 
lives.    They  had  caused  the  deportation  of  u 
ten  thousands  from  the  grain-growing  tu  i 
planting  States.     They  had  caused  the  privi 
of  all  slaves  to  be  curtailed,  and  their  bontl 
be  more  tightly  drawn.    Nor  waa  the  i 


ANXO  183.V     ANDREW  JArKSOX,  IM!F>II»I;NT. 


573 


rcsulU'd  a  qimrre',  whiih;..) 
'  the  plot.  The  militia  df  i,^ 
y  took  arm«,  niul  tlio  liar,.,, 
m\  them  to  be  8\ip(ioiiKH; 
I  line.  Itwa.s  rcsolviil  i„ ,.. 
i\\  the  principnl  coiisiiiratott 
,cd  it ;  but  they  wiie  (iinoldj 
,e  loBS  of  twenty  of  tlicr  nurj. 
spot.  Fifty  of  thi'  iiisiirav. 
to  death.  Sixteen  wire  n*. 
parts  of  the  parish ;  ilie  nn 
rd  a  Ralloy  "d  huni,'  at  ir.u;. 
e  river,  as  far  as  New  Utli-ai 
one  hundred  and  fifty  mikii 
,hc  chastisement  intimidated  ihJ 
eturncd  to  perfect  ordir.' 
lis  remarks,  Mr.  B.  Baid  In 
e  to  show  that  our  wlute  \ff 
ht  to  dread,  nay,  were  loiimit 
liievous  influence  of  tlioe  w, 
1  an  ocean  intervened,  and  nm 
ey  stood  upon  the  same  ht 
in  the  bosom  of  the  saincccuriiri| 
id  it  to  show  the  miscrabkfaK 
md  to  warn  all  that  wtrea 
all  that  were  honest,  but  inisti 
B  hundred  and  fifty  affiliated 
id  by  the  individuals  who  stji 
iir  executive  committee,  and  n! 
e  commercial  emporium  o( 
igh  manifesto  against  the  Pi 
\  them  at  once  to  secede  from 
ich,  whatever  may  be  tbeir  desi 
ather  effect  than  to  revive  in 
tcs  the  tr^edy,  not  of  San  Doi 
parish  of  Pointe  Coupci. 
nton  to  say  that  these  societieil 
strated  more  mischief  than  the}! 
all  their  lives  spent  in  prayers 
ad  in  works  of  retribution, 

They  had  thrown  the  stJte 
■ation    question   fifty  years ' 
objected  every  traveller,  and 
am  the  non-slaveholding  Stmi 
with  coldness,  and  viewed  wiik 
jealousy,  in  the  slaveholding  St 
,ccasioncd  many  slaves  to  lose 
had  caused  the  deportation  oti 
[ds  from  the  grain-growing  U 
ates.    They  had  caused  the  pri'nl 
to  be  curtailed,  and  their  H 
rhtly  drawn.    Norwaithe 


of  {heir  conduct  confined  to  s1avc« ;  it  rca«'hcd 
•he  fre<'  C'lored  people,  and  opened  a  sudden  gulf 
o' misery  to  tlint  population.     In  all  the  Rlavo 
;,j,(j  this  population  has  paid  the  forfeit  if 
ihciriiitermediate  position;  and  suffered  proTrip- 
lion  as  the  instruments, real  or  suspected,  of  the 
bolition  S(x;ietic8.    In  all  these  .States,  their 
xodus  had  either  been  enforced  or  was  impcn<l- 
i^ff.    In  Mis.souri  there  was  a  clause  in  the  con- 
titiition  which  prohibited  their  cmipration  to  the 
Sute ;  but  that  clause  had  remained  a  dead  let- 
,er  in  the  book  until  the  apitation  produced 
jraon"  the  slaves  by  the  distant  nunblinp;  of  the 
abolition  thunder,  led  to  the  knowieclpc  in  some 
I  instances,  and  to  the  belief  in  others,  that  these 
Kople  were  the  antenna)  of  the  abolitionisms;  and 
!  (Vf  jj.  medium  for  communicating  with  the  slaves, 
t  and  for  exciting  them  to  desertion  first,  and  to 
insurrection  eventually.    Then  ensued  a  painful 
ifoene.    The  people  met,  resolved,  and  prescribed 
jlhirty  days  for  the  exodus  of  the  obnoxious 
Lite.    Under  that  decree  a  general  emigration 
llijd  to  take  place  at  the  commencement  of  win- 
llif.   Many  worthy  and  industrious  people  had 
Ito  quit  their  business  and  their  homos,  and  to 
to  forth  under  circumstances  which  rcnrlcred 
Itlicm  objects  of  suspicion  wherever  they  went, 
iml  fealed  the  door  against  the  acquisition  of 
Bciv  friends  while  depriving  them  of  the  protec- 
llion  of  old  ones.    He  (Mr.  B.)  had  witnessed 
nany  instances  of  this  kind,  and  had  given  ccr- 
lifioatts  to  several,  to  show  that  they  were  ban- 
shed,  not  for  their  oflences,  but  for  their  mis 
ortuncs;  for  the  misfortune  of  being  oiliccl  to 
he  race  which  the  abolition  socit'ties  had  made 
he  object  of  their  gratuitous  philanthropy. 
'  Having  said  thus  much  of  the  abolition  so- 
eties  in  the  non-slaveholding  States,  Mr.  B. 
Dmed,  with  pride  and  exultation,  to  a  different 
heme— the  conduct  of  the  great  body  of  the 
ople  in  all  these  States.     Before  he  .«aw  that 
knduct,  and  while  the  black  question,  like  a 
brtentous  cloud  was  gathering  and  darkening 
1  the  Northeastern  horizon,  he  trembled,  not 
Ir  the  South,  but  for  the  Union.     He  feared 
lat  he  saw  the  fatal  work  of  dissolution  about 
\  begin,  and  the  bonds  of  this  glorious  confed- 
Bcy  about  to  snap ;  but  the  conduct  of  the 
[cat  body  of  the  people  in  all  the  non-slavehold- 
!  States  quickly  dispelled  that  fear,  and  in  its 
!  planted  deep  the  strongest  assurance  of  the 
nony  and  indivisibility  of  the  Union  which 


he  had  felt  for  many  yearo.    Thrir  rondurt  wn? 
above  all  prniso.  oImivi-  nil  tliaiik-,nb<ivc  all  grati- 
tude.   Thf-y  had  chased  off  the  foreifni  >  inisnar' 
silenced  the  pibblinn  ton^rius  of  fi'innle  (\\\\s 
and  dispersed  thonsM-nihlacnM,  wliethrr  faiinticiil, 
visionary,  or  iiuviidinry,  of  uU  tlmf  coii};tvg!it<  d 
to  preach  again>t  evils  which  atllictcd    other  , 
not  them;  and  to  propose  remedies  to  a^'};riivii!u 
the  disease  which  they  prefendid  to  cure.     They 
had  acted  with  a  noble  spirit.     They  had  exert- 
ed a  vi;mr  lioyond  all  law.    They  hud  obeyecj 
the  enactments,  not  of  the  statute  book,  but  of 
the  heart ;  and  while  that  spirit  was  in  the  heart, 
he  cared  nothing  for  laws  written  in  a  lionk. 
He  would  rely  upon  that  spirit  to  complete  the 
good  work  it  hns  l)ef:un ;  to  dry  up  these  srwieties ; 
to  separate  the  mistaken  philanthropist  from  the 
reckless  fanatic  and  the  wicked  incendiary,  nml 
put  an  end  to  imblications  and  petitions  which, 
whatever  may  he  their  design,  can  have  no  oth'  r 
effect  than  to  impede  the  object  which  they  in- 
voke, and  to  aggravate  the  evil  which  they  ik- 
plore. 

"Turning  to  the  immediate  question  before 
the  Senate,  that  of  the  rejection  of  the  i)etitioii<, 
Mr.  B.  said  his  wish  wa,s  to  give  that  vote  which 
would  have  the  greatest  effect  in  putting  down 
these  societies.  lie  thought  the  vote  to  be  given 
to  be  rather  one  of  expediency  than  of  constitu- 
tional obligation.  The  clause  in  the  constitution 
so  often  quoted  in  favor  of  the  right  of  iK'tition- 
ing  for  a  redress  of  grievances  would  seem  to  ]vv.i 
to  apply  rather  to  the  grievances  felt  by  our- 
selves than  to  those  felt  by  others,  ami  which 
others  might  think  an  advantage,  what  wo 
thought  a  grievance.  The  petitioners  from  Ohio 
think  it  a  grievance  that  the  people  of  the  Dis- 
trict of  Columbia  (-hould  sufllr  the  institution 
of  slavery,  and  pray  for  the  redress  of  that  griev- 
ance; the  people  of  the  District  think  the  insti- 
tution an  advantage,  and  want  no  redress ;  now, 
which  has  the  right  of  petitioning?  Looking  to 
the  past  action  of  the  Senate,  Mr.  B.  saw  that, 
about  thirty  years  ago,  a  petition  against  slavery, 
and  that  in  the  States,  was  presented  to  this 
body  by  the  society  of  Quakers  in  Pennsylvania 
and  New  Jersey ;  and  that  the  same  question 
upon  its  reception  was  made,  and  decided  by 
yeas  and  nays,  19  to  9,  in  favor  of  receiving  it. 
lie  read  the  names,  to  show  that  the  senators 
from  the  slave  and  non-slaveholding  States  voted 
some  for  and  some  against  the  reception,  accord 


580 


TIIIIITY  YEARS'  VIEW. 


ing  to  each  oiiv'm  opinion,  and  not  according  to 
the  position  or  the  character  of  the  State  from 
which  he  came.  Mr.  J),  rciieated  that  he  thouKht 
this  question  to  be  one  of  cxpoflicncy,  and  tliat ! 
it  was  cx|)edicnt  to  Rivo  the  vote  which  would 
no  furlhi'-^t  towanl8  (luiutinK  tiie  puhhc  mind. 
'I'hc  quietint;  the  South  depended  uiwn  quieting;  I 
the  Nortii ;  for  when  the  ubolitionists  were  put 
down  in  the  former  place,  the  latter  would  bo 
at  case.  It  seemed  to  him,  then,  that  the  gen- 
tlemen of  the  non-slaveholding  States  were  the 
proper  persons  to  speak  first.  They  know  the 
tem{)er  of  their  own  constituents  best,  and  what 
might  have  a  good  or  an  ill  cfl'ect  upon  them, 
either  to  increase  the  abolition  fever,  or  to  allay 
it.  lie  knew  that  the  feeling  of  the  Senate 
was  general ;  that  all  wished  for  the  same  end  ; 
and  the  senators  of  the  North  as  cordially  as 
those  of  the  South." 


C II AFTER  CXXXI. 

MAIL  CIKCITLATION  OP  INCENDIARY  PUBLICA- 
TIONS. 

Mil.  Calhoun  moved  that  so  much  of  the  Pre- 
sident's message  as  related  to  the  mail  trans- 
mission of  incendiary  publications  be  referred  to 
a  select  committee.  Mr.  King,  of  Alabama,  op- 
posed the  motion,  urging  that  the  only  way  that 
Congress  could  interfere  would  bo  by  a  post- 
ofiice  regulation  ;  and  that  all  such  regulation 
properly  referred  itself  to  the  committee  on 
post-offices  and  post-roads.  He  did  not  look 
to  the  particular  construction  of  the  committee, 
but  had  no  doubt  the  members  of  that  commit- 
tee could  see  the  evil  of  these  incendiary  trans- 
missions through  the  mails,  and  would  provide 
a  remedy  which  they  should  deem  constitution- 
al, proper  and  adequate ;  and  he  expressed  a 
fear  that,  by  giving  the  subject  too  much  im- 
portance, an  excitement  might  be  got  up.  Mr. 
Calhoun  replied  that  the  Senator  from  Alabama 
bad  mistaken  his  object — that  it  was  not  to  pro- 
duce any  unnecessary  excitement,  but  to  adopt 
tuch  a  course  as  would  secure  a  committee  which 
would  calmly  and  dispassionately  go  into  an  ex- 
amination of  the  whole  subject ;  which  would 
hivestir^te  the  character  of  those  publications, 
to  ascertain  whether  they  were  incendiary  or 


not ;  and,  if  ao,  on  that  grouml  to  put  « t\,, 
on  their  transmisHion  through  the  niaik    ||, 
could  not  but  cxprexa  hia  aMtoni^hmiiit  n  ;■_, 
objection  which  hail  lieen  taken  to  \\tn  muti . 
for  ho  knew  that  the  Senator  from  AlaUi , 
felt  that  deep  interest  in  tho  subject  nliich  u-. 
vaded  the  feelings  of  every  man  in  tlie  Souf 
He  believed  that  the  post-oflloe commit tc«  wr,!;; 
1h)  fully  occupieil  with  the  regular  buHim-sH  w\y. 
would  be  brought  before  them ;  and  it  wa.i  th|. 
consideration,  and  no  party  feeling,  wliich  |,;„^ 
induced  him  to  make  his  motion.    )Ir.  (Inimlv 
chainnan  of  tho  committee  on  itost-ofliccH  aaj 
post-roads,  said  that  his  position  was  such  u ,,, 
have  imposed  silence  upon  him,  if  thiit  nW^i,. 
might  not  have  been  misunderstood.    In  rcpiv 
to  the  objection  that  a  majority  of  the  cuiniui-. 
tee  were  not  from  the  slave  States,  that  ciicma 
stance  might  be  an  advantage ;  it  miffht  give  il,^. 
greater  weight  to  tlicir  action,  v  lich  it  wt< 
known  would  be  favorable  to  th«»  object  of  ik. 
motion.    Ho  would  say  that  the  fetVjral  govern- 
ment could  do  but  little  on  this  i;:ul)ji;ct  cjcpi 
through  a  post-office  regulation,  and  ttiinbr 
aiding  the  efficiency  of  the  State  laws.    Jle  ilji] 
not  desire  to  see  any  power  exercised  which  I 
would  have  the  least  tendency  to  interfere  wiik 
the  sovereignty  of  the  States.     Mr.  Calhous  I 
adhering  to  his  Oesire  for  a  select  committtt. 
and  expressing  hm  belief  that  a  great  constitu.  I 
tional  question  was  to  bo  settled,  and  that  tl,e ' 
crisis  required  calmness  and  firmness,  and  the 
action  of  a  committee' that  came  mainly  (ion 
tho  endangered  part  of  the  Union — his  rcquesi 
was  granted ;  and  a  committee  of  five  appoinle<i,  I 
composed  as  be  desired ;  namely,  Mr.  Calhom 
chairman,  Mr.  King  of  Georgia,  Mr.  Mangum 
of  North  Carolina,  Mr.  Davis  of  Massachusettj, 
and  Mr.  Lewis  F.  Linn  of  Missouri.    A  bill  isii 
a  report  were  soon  brought  in  by  tho  coramittit  I 
— a  bill  subjecting  to  penalties  any  post-raasiH  I 
who  should  knowingly  receive  rnd  put  into  the  I 
mail  any  publication,  or  picture  touching  the  I 
subject  of  slavery,  to  go  into  any  State  or  ttr[ 
ritory  in  which  the  circulation  of  sunh  pttUi»| 
tion,  or  pkture,  should  be  forbid  by  the  Stittl 
laws.    When  the  report  was  read  Mr.  Mangiiiii| 
moved  the  printing  of  5000  extra  copies  of  it  I 
This  motion  brought  a  majority  of  thecomDiii[ 
tee  to  their  feet,  to  disclaim  their  assent  to  pan  I 
of  the  report;  and  to  absolve  thcrasclTesfnaj 
responsibility  for  its  contents.  A  conversatioiill 


ANNO  18n5.     AM>UKW  JACKSON,  na>II»KST. 


r,ft) 


ti»t  grouml  to  pHUcl^f, 
n  through  the  niaik   H, 
IKS  hia  AHtonUhnu'iit  tt  \:a 
Ijwn  tukin  to  hm  iridti  r. 
ho  Senator  from  AlaUt.i 
d  in  the  Bubject  which  j.:. 
)f  every  num  in  the  .Soim, 
post-offloe  comnjittco  wm;',  i 
th  the  regular  1)iiHini'sn  wl.ir!, 
icfore  them ;  and  it  ww  il,i. 
no  party  feeUng,  wliich  l.;.,; 
io  ht«  motion.    M  r.  <  1  ruwly, 
)mmittce  on  i)Ost-ofllct's  uj 
it  his  position  was  such  u  t , 
»co  upon  him,  if  that  Bikiii> 
en  misunderstood.    In  njly 
mt  a  majority  of  the  ctmuui;. 
the  slave  States,  that  eiiciiin 
a  advanti^e ;  it  mi|iht  givetk 
)   their  notion,  v  lich  it  ws. 
favorablo  to  the  o'ljeetof  ih 
Id  say  that  the  fetVjral  govm,- 
t  little  on  this  cubjuct  txcpi 
)ffloe  regulation,  and  thc^•k 
icy  of  the  State  laws.    Jledil 
0  any  power  exercised  which 
cast  tendency  to  interfere  with 
of  the  States.     Mr.  Caihous  | 
tleslre  for  a  select  comniittM, 
i,ri  belief  that  a  great  conslitt- 
vas  to  oe  settled,  and  that  [\t ' 
lalmness  and  firmness,  and  tht 
mittee-that  came  mainly  rroni 
part  of  the  Union— his  request 
id  a  committee  of  five  appoint^, 
desired;  namely,  Mr.  Calhom 
iing  of  Georgia,  Mr.  Mangim 
na  Mr.  Davis  of  Maasachusettt.  ] 
F.  Linn  of  Missouri.    A  bill  wd  I 
9on  brought  in  by  the  commitlee 
ing  to  penalties  any  post-raasiM 
owingly  receive  tnd  put  into  tit  I 
cation,  or  picture  touching  tk 
sry,  to  go  into  any  StatcortttI 
the  circulation  of  such  publi* 
^  should  be  forbid  by  the  Sutt 
he  report  was  readMr.Manpml 
nting  of  5000  extra  copies  of  ii| 
rought  a  majority  of  the  commi-l 
t  to  disclaim  their  assent  to  paial 
and  to  absolve  themselves tal 
for  its  contents.  A  conversaUoi^l 


4rl«tr  f  n«ne«l  on  thin  point,  on  which  Mr.  Davin, 
Mivrn.  King  of  Alabama  and  (iior^'io,  Mr.  I, inn 
inl  Mr-  Calhoun  thuH  cxpresseil  theinselvi-n : 

">fr.  I>»vi!4  Maid  that,  oh  a  motion  had  IxH'n 
,o«iU'  to  I'rint  the  poiier  puri)Oitin>r  to  le  n  n- 
lorl  fronJ  the  sclt-ct  conunittee  of  whi<-h  he  was 
1  nvintK'r.  he  would  remark  that  thi-  vii'ws  rcm- 
uiianl  in  it  did  not  entirely  meet  his  apjiroba- 
tinn  tliotiph  it  contained  many  thinjfH  which  lie 
unproved  of.  He  hod  risen  for  no  other  purpose 
iLm  to  make  this  statement,  lest  the  inipi(t>«ion 
>liniild  p>  abroad  with  the  rejK)rt  that  he  a,s- 
Knti'<l  to  tho!<e  portions  of  it  which  di<l  not 
mint  his  opprobotion." 

••  Mr.  King,  of  Ocorgia,  said  that,  lest  the  Pamc 
misunderstanding  nhould  go  forth  with  nwpcct 
M  his  views,  he  must  state  that  the  report  was 
not  entiri'ly  assented  to  by  himself.  However, 
ilie  gentleman  from  South  Carolina  (Mr,  Cal- 
li(iun)  in  making  this  report,  had  already  stated 
that  tlio  majority  of  the  committee  did  not  agree 
to  the  whole  of  it,  though  many  parts  of  it  were 
concurred  in  by  all." 

"  Mr.  Davis  said  he  would  add  further,  that 
he  migiit  have  taken  the  usual  course,  and  made 
an  additional  report,  containing  all  his  views  on 
the  subject,  but  thought  it  hardly  worth  while, 
and  he  had  contented  himself  with  making  the 
vtatcment  that  he  had  just  made." 

"Mr.  King,  of  Alabama,  said  this  was  a  do- 
larture  from  the  usual  course — by  it  a  minority 
niijilit  dissent ;  and  yet,  when  the  report  was 
published,  it  would  seem  to  bo  a  report  of  the 
committee  of  the  Senate,  and  not  a  report  of 
two  members  of  it.  It  was  proper  that  the 
whole  matter  should  go  together  with  the  bill, 
that  the  report  submitted  by  the  minority  might 
lie  read  with  the  bill,  to  show  that  the  reading 
of  the  report  was  not  in  conflict  with  the  prin- 
ciples of  the  bill  reported.  Ho  thought  the  sen- 
ator from  North  Carolina  (Mr.  Mangum)  had 
better  modify  his  motion,  so  as  to  have  the  re- 
poit  and  bill  published  together." 

'•Mr,  Linn  remarked  that,  being  a  member  of 
the  committee,  it  was  but  proper  for  him  to  say 
liiat  he  liad  assented  to  several  parts  of  the  re- 
port, though  he  did  not  concur  with  it  in  all  its 
parts.    Should  it  become  necessary,  he  would, 
when  the  subject  again  came  before  the  Senate, 
iCxplain  in  what  particulars  he  hiid  coincided  with 
the  views  given  in  the  report,  and  how  far  he 
Ihad  dissented  from  them.     The  bill,  he  said,  had 
letwith  his  approbation," 
'Mr. Calhoun  said  ho  hoped  his  friend  from 
orth  Carolina  would  modify  his  motion,  so  as 
0  include  the  printing  of  the  bill  with  the  re- 
irt.  It  would  be  seen,  by  comparing  both  to- 
ther,  that  there  was  no  nop,  aequilur  in  the 
ill,  coming  as  it  did  after  this  report." 
"  Mr.  King,  of  Alabama,  had  only  stated  his 
pressions  from   hearing  the  report  and  bill 
ad.   It  appeared  to  him  unusual  that  a  report 
Ihould  be  made  by  a  miuori^y,  and  merely  ao- 


quiwci'd  in  by  the  n.niinlttii',  nnd  lliut  the  I  ;!l 

hIioiiM  >M'iMlvrrM>  In  it." 

".^Ir.  hiiviK  Hnid  llir  n-jmrt  wnx,  n«  lu-  iituh  r- 
cto<Hl  it  to  Ipc  nad  finifi  till'  cliMir,  tin'  n  |«'rt  ..f 
thf  cninniiltiM'.  ||i'  Im.l  'jHikfti  f<<T  liini-rlf  «ii!\-, 
and  fur  iinlxidy  t  Nc,  li  Kt  tlic  impns>.ion  miirlit 
go  abroad  tliiit  h niMirit  i|  in  nil  imrtt  of  tin- 
report,  when  he  dii"«  nicij  Iroiu  xoiiii-  of  iIkih." 

'•.Mr.  Calhoun  Niid  tlmt  unmjurity  ol  iIhmoui. 
mittecdid  not  coiiciir  in  the  npoit,  ilinn^'h  tUvrv 
were  two  mi-mlnvK  nf  it.  liiniHi  If  mid  tlio  ^n^t\^ 
tlvman  from  North  ('iiiolina.  who  roiiciirnd 
thn>U|:h(>ut ;  three  otluT  n  iilliimii  cniiciirii  l 
with  the  greater  jmrt  of  the  ii'|pnrt,  llmu^'h  liny 
dissented  from  some  pails  of  it ;  nnd  two  ^'«  iitjc'- 
men  concurred  also  with  some  parts  of  it.  As 
to  the  bill,  two  of  the  rommittee  would  liiiv 
iireforredadiderent  one.  thoiit:li  they  lind  rutin  r 
have  that  than  none  at  all ;  anotlier  piitlemiiM 
wosopiwsed  to  it  alto^'ether.  The  bill,  liowevc  r, 
was  a  natural  coiise(iiieiice  of  the  reiiort,  unci 
the  two  did  not  disagree  with  each  other.' 

The  parts  of  the  rejiort  which  were  chiefly 
exceptionable  were  two:  1.  The  part  wliich 
related  to  the  naturc  of  the  federal  government, 
as  being  founded  in  "coinpiict;"  which  was  the 
comer-stone  of  the  do<;trin(!  of  nullification,  and 
its  corollary  that  the  laws  of  nations  were  in  full 
force  between  the  several  States,  as  sovereign 
and  independent  comniiinitieH  except  as  niodi- 
^ed  by  the  compact ;  'J.  The  part  that  nr^'iied. 
lis  upon  a  subsisting  danger,  the  evils  by  an  ab(/- 
lition  of  slavery  in  the  slave  States  by  interfer- 
ence from  other  States,  On  the  first  of  the»^<> 
points  the  report  said : 

"Thot  the  States  which  form  our  Federnl 
Union  are  sovereign  and  inde|)endent  eommtnii- 
tics,  bound  together  by  a  constitutional  com- 
pact, ond  are  possessed  of  all  the  powers  belong- 
ing to  distinct  and  separate  States,  exeeptii.g 
such  as  are  delegated  to  Iw  exercised  by  tlie 
general  government,  is  assumed  as  iniqiies- 
tionable.  The  compact  itself  expressly  provides 
that  all  powers  not  delegated  are  reserved  to 
the  States  and  the  people.  To  ascertain,  then, 
whether  the  power  in  question  is  delegated  or 
reserved,  it  is  only  necessary  to  ascertain  whe- 
ther it  is  to  be  found  among  tlio  enumerated 
powers  or  not.  If  it  be  not  among  them,  it 
belongs,  of  course,  to  the  reserved  powers.  On 
turning  to  the  constitution,  it  will  be  seen  that, 
while  the  power  of  defending  the  country 
against  external  danger  is  found  among  the  enu- 
merated, the  instrument  is  wholly  silent  as  \n 
the  power  of  defending  the  internal  pence  uml 
security  of  the  States ;  nnd  of  course,  reserves 
to  the  States  this  important  power,  as  it  stood 
before  the  adoption  of  the  constitution,  with  no 
other  limitation,  as  has  iNien  Htate<l,  except  such 
as  are  expressly  prescribed  by  the  iustruuieut 


;j82 


TliJUTV  VKAlUi'  VIKW. 


it'i  If.  From  wliiit  hii-i  Um  stntcl.  it  innj-  I* 
iiilirrril  tlnl  till'  ri;.'lil  ol'n  Stulc  lode  rtiiil  it-clf 
U'.'iiiii>i  inti'i'iiiil  (liui^iTH  IN  II  part  nf  t)ii>  ^'ri'nt, 
|iriiiiiuy.    iuii|    iiihtri'iit    ri).'lit   nf    ncll'-fliTnici'. 

wliirli,  hy  thr  htWH  rii°  iiitliiri',  ImIoii^'H  to  ull 
('iiiiiiniiiiitii'H ;  aiiil  m>  jcnlmiH  wvn-  tlic  St.'itfH  of 
tliin  <'s-.i'iitiul  riv'lit,  without  which  thi'ir  iiiilc- 
|i"ii(lcmv  roiiM  jirtt  he  prcsiTvcd,  thill  it  in  »'X- 
pn-sly  proviilcil  \,y  thi'  constitiitioii,  that  tlic 
{fi'iuTiil  jrovciiiinciil  Khali  not  uhmj'I  iiStatf,  I'vt'ii 
ill  ri\!*v  ol'  (lomi'stio  violence,  cxript  on  the  ap- 
plication of  tin-  uiillioiititM  of  thf  Stiilt)  itii'lf; 
ihiis  cxcIiKJiii;,',  liy  u  iuMVf>Miiry  coiKscMjiience,  itH 
iiitfrfcri'iicf  ill  nil  oiIut  ciiscm. 

••  llaviiii:  now  shown  that  it  Ulon^rH  to  the 
slavchohlinj;  StattN,  whoni'  iiistitiitioiis  are  in 
il.in^ri'r,  ami  not  lo  (.'oii'^tc'Ss,  as  \a  Hnp|Ki8ed  l»y 
tin.'  nics.-ii{;(',  to  (lilcniiiiio  what  pn|i<.'rn  are  in- 
cendiary and  iiiteiidi'il  to  excite  insurrection 
ainoiijr  the  slaves,  it  leinnins  to  inquire,  in  the 
next  place,  wliat,  are  the  correspoiidiii(j;  duties 
of  the  (general  j;oveinineiit,  and  the  otherStates, 
from  witliin  whose  limits  and  Jurisdiction  their 
institutions  are  attacked  ;  a  suliject  intimately 
oiinected  with  that  with  which  the  committee 
are  imiiu'diately  charged,  and  which,  at  the  pre- 
sent juiiPtiire,  ought  to  he  fully  understood  hy 
ull  the  parlies.  'I'he  committee  will  b.'pin  with 
the  llrst,  it  remains  next  to  iiniuire  into  the 
duty  of  the  States  from  within  whose  limits 
and  Jurisdiction  the  internal  jioace  ami  security 
of  the  slaveholdiiij;  States  are  endan^rered.  In 
order  to  comprehend  itioro  fully  the  nature  and 
extent  of  thi-ir  duty,  it  will  bo  necessary  to 
make  a  few  loinaikson  the  relations  wliich exist 
hi'twecn  the  States  of  our  Federal  Union,  witli 
tlie  rights  and  obligations  reciprocally  resulting 
fiom  such  rel'tioiis.  It  has  already  been  stated 
that  the  Statos  which  compose  our  Federal 
Union  are  sovereign  and  independent  communi- 
ties, united  by  a  constitutional  compact.  Among 
its  members  the  laws  of  nations  are  la  full  force 
and  obligation,  except  as  altered  or  modified  by 
the  compact ;  and,  of  course,  the  States  pos.«cs8, 
with  that  exception,  all  the  rights,  and  are  sub- 
ject to  all  the  duties,  whicli  separate  and  dis- 
tinct communities  jrassess,  or  to  which  they  are 
subject.  Among  those  are  comprehended  the 
obligation  which  all  States  are  under  to  i)rcTciit 
tlieir  citizens  from  disturbing  the  peace  or  en- 
dangering the  security  of  other  States ;  and  in 
case  of  being  disturbeil  or  endangered,  the  right 
of  the  latter  to  demand  of  the  former  to  adopt 
such  measures  as  will  prevent  their  recurrence, 
and  if  refused  or  neglected,  to  resort  to'  such 
measures  as  its  protection  may  require.  This 
right  remains,  of  course,  in  force  among  the 
States  of  this  Union,  witli  such  limitations  as 
arc  imposed  expressly  by  the  constitution. 
Within  their  limits,  the  rights  of  the  slavchold- 
ing  States  are  as  full  to  demand  of  the  States 
within  whose  limits  and  jurisdiction  their  peace 
is  assailed,  to  adopt  the  measures  necessary  to 
prevent  the  same,  and  if  refused  or  neglected, 
to  resort  to  means  to  protect  themselves,  as 


if  Ihrr  vrvrv  M'lmrate  and  indejK-ndeiit  pnmj, 
iiitii's." 

This  part  of  ihe  nqcut  wax  tlint  win 
founding  the  federal  government  in  mtnivt  •. 
under  tlie  old  ml  ides  of  tin'  ciiiifcderiitinn  a 
in  bringing  the  l.iw  of  nations  to  apply  Ui^n, 
the  States  an  imleiKMident  and  sovereign  romrn . 
nilies,   except   where   limit>'d  by  |hi,  cmiof 
was  Kupposed  to  contain  the  doctrine  of  m,]] , 
cation  and  Keeession ;  and  the  concliKniur  hy 
of  the  report  is  an  argument  in  favor  (it  i, 
course  recommended  in  the  CriitiH  in  thetv,. 
that  New- York,  Mussiichusetts,  aiirl  I\'nn-\ 
vania  diil  not  sujipre^s  the  alxjlition  socictw 
The  rejMirt  continues  : 

"Their  professed  object   is  the  rmamipnii,r 
of  slaves  in  tiie  Southern  States,  which  tlicno! 
pose   to    accomplish   through   the  ngiiine, „| 
organized  societies,  spread  throughout  tlu'iiMii. 
slaveholdiug  States,  and  a  powerful  pi^s  i|. 
reeled   nininly  to  e.xcite,  in  the  other  Stat,! 
hatred  and  abhorrence  against  the  institutiun. 
and  citizens  of  the  slaveholdiug  .States,  h\  a.j. 
dresses.  lectures,  anil  pictorial  re[ire..'ditii'tif,. 
abounding  in  false  and  exaggerated  stattniiiii. 
If  the  magnitude  of  the  mischief  aH'onls,  Jnri 
degree,  the  measure  by  which  to  jinlne  (jf  ile 
criminality  of  a  project,  few  have  ever'^lHen  l-  j 
vised  to  be  compared  with  the  present,  wlictfi,, 
the  end  bo  regarded,  or  (he  means  hy'niiich  i; 
is  proposed  to  be  accomplished.    'J'he  biinijnejj 
of  fanaticism  ia  proverbial.  AVith  more  zial  tkn 
understanding,  it  constantly  misconceives  (|,< 
nature   of  the  object  at  which  it  aims,  anl 
towards  which  it  rushes  with  iieadlongvioVniy, 
regardless  of  the  means  by  which  it"  is  tn  k  | 
cU'ected.     Never  was  its  character  more  fnij 
exemplified  than  in  the  present  instance.  Sit- 1 
ting  out  witli  the  abstract  principle  that  slavirr 
is  an  evil,  tho  fanatical  zealots  come  at  ami)  I 
the  conclusion  that  it  is  their  duty  to  abolish  it, 
regardless  of  all  tho  disasters  wliich  must  f  !• 
low.     Never  was  conclusion  more  false  or  Jm-  I 
gerou.s.    Admitting  their  assumption,  there  are 
innumerablo    things    which,   regarded  in  tk  | 
abstract,  are  evils,  but  which  it  would  h  niai-  i 
ness  to  attempt  to  abolish.    Thus  reganW 
government  itself  is  an  evil,  with  most  of  ii!  I 
institutions  intended  to  protect  liP;  and  jiropem,  [ 
comprehending  the  civil  as  well  as  the  cnminil  I 
and  military  code,  which  arc  tolerated  onlvl*-! 
cause  to  aboli.sh  them  would  be  to  increKl 
instead  of  diminishing  tho  evil.    Therca-sonL'! 
equally  applicable  to  the  ca,sc  under  coiijiden-l 
tion,  to  illustrate  which,  a  few  reinarks  cii 
slavery,  as  it  actually  exists  in  the  b'outkij 
States,  will  be  nece-ssary. 

"  He  who  regards  slavery  in  those  States simplj 
under  tlie  relation  of  master  and  slave,  as  iii-l 
portant  as  that  reUition  is,  viewed  mtrelyniil 


axxo  i»aa.   am»bkw  jack"<ox.  vumwt:^^. 


58S 


1  kiid  iii<Ki*n'K'»l  Puim . 

n-jvirt  wan  tlmt  whi      •, 
(^ovcrimit'nt  "m  ••'>in|  nrt.  »< 
,.,«  of  tin'  ••iiiifoiii'iiitiim, »ii,i 
(if  imtionH  lo  np|ily  Wt»«:, 
nih'iit  mill  "oven  ipi  oiirmn ;. 
re  liinit"'!  '')'  tl'"  •'(imiiv' 
iitaiii  tilt!  tliictriiif  iif  uulliti- 
n ;  ninl  tlio  roncliiuiinr  (ur; 
u  nr;;in»i'"t  in  fivor  ni  i-, 
•d  ill  the  Criniii  in  the  m  • 
Itt>*sacli>iselts,  und  I'enn-N 
iivsrt  tho  ulxjlitiDn  buciiU- 
ifi* : 

il  ohji'ot  is  tho  nnancipatio-, 
iitliorn  StiittiH,  wliich  tlicyiro- 
isli  thrniiph  tlic  nsi'iu'ii« ..( 
A,  HpiTivl  tliron^fli-mt  tlw  imh. 
urt,  uml  ft  powerful  press,  i',]. 
I  fxcito,  in  tilt"  other  Stau* 
rc-ncc  i\;:iunst  tho  inslituti.in. 
le  BluvfhoUlin;;  Stiitos,  hy  ai- 
mid  pictoriiil  ri'iircsfiitutiu;.. 
o  and  cxa;intM'iitL'(l  stfttiDHiit-. 
'  of  the  mischief  allonls.  in  mv 
lire  by  which  to  juilne  nf  lie 
;)roject,  few  have  ever  hien  'k- 
laretl  with  tliC  present,  wlifthtr 
•detl,  or  the  means  tiy  which  i; 
e  accomplished.  The  hWwha 
iroverbial.  AVithniore  zualtb 
it  constantly  misconceivos  tli« 
object  at  which  it  aims,  anl 
t  rushes  withheadlongvio'w, 

0  means  by  which  it  is  to  be 
•  was  its  character  more  fiillr 

1  in  tho  present  instance.  Sit- 
jc  abstract  principle  that  shvm 
imatical  zealots  come  at  fmceto 
hat  it  is  their  duty  to  ahoMii. 
I  the  disasters  wiiich  must  tl- 
ftB  conclusion  more  false  or  ilaii- 
ttinf;  their  assimiption,  there  are 
hinps    which,   regarded  in  \\t 
'ils  but  which  it  would  k  nui 
pt'to  abolish.    Thus  reganM 
;elf  is  an  evil,  with  most  of  in 
■ended  to  protect  liP;  and  iiropeny, 
^the  civil  as  well  as  the  crmiffl! 
ode  which  arc  tolerated  only  I*- 
ish'thcm  would  be  to  inorewi 
linishins;  the  evil.    Therc»a 
able  to  the  case  under  considm'i 
trate  which,  a  few  remarks  (i 

actually  exists  in  the  bouthmj 
;  necessary.  „   .    ■ 

.r:u'ds  shivery  in  those  Statcssii  ^ 
ation  of  master  and  slave. asm- 
at  relation  is,  viewed  merely  m 


,.iioii  nf  pri'iKTty  !•>  thf  (.lavrhnl'lir  .:  >.iTti<>n 
•1^.  I  iiimu.  him  aviry  iin|KTf.e«  >  ■■!■  iti<>n  nf 
ip^iitnliun.aiid  the  ini|«)«Mlidii>  1  .im|i»h- 
^Ulioiit  di*iu*l«Ts  un('.xuni|>li  •!  in  ilu-  hi». 
>rld.  'I'll  iiiidi  rstaiid  it«  ii.ttiir»' 
fully,  it  iiiii>t  111-  beiriH'  ill  mind 
j  ,  ..,l..r^.  ..-.  ...  v-.r^».. Mithorn  ."^taten 


■4  It  « 

,,rv  <(  ''"•" 
i  i,„i-.rtaiMf  I     . . 

laverj'.  as  it  exmls  in  tin 

i^-linlintr uiidtT  theSuitiuni  ull  ihr  -lavelmld- 

'  f  St»ti"<).  iuvolveH  liol   only   the   itlalinii   of 

i'.tcr  slid  i»liive,  but,  ul.io,  the  sm  ml    uid  polili- 

"freht'"""  ol'tw"  races,  ul  nenilv    .luai  iiuiii- 

li!r4    from   ditfereiit    (luorters   •.!    tiio   jrlnl«., 

,'ii  the  iii"'t  o)i|io*ito  of  all  iitlu-rM  in  tvery 

*  riiL'il4f  '''"^  distintruishes  one  rare  of  nieii 

!*ia  niothtT-      Kmancipalion   would   de.stri>y 

ii  ,0  relttti'iiis— woidd  divest  the   inahters  of 

,'''J[ jipijorty,  and  subvert  the  relation,  social 

.CliMiliticid.'that  has  exir^ted  U'twceii  the  races 

,'  ,ii  aliiii/st  the  lirst  setllemeut  of  the  .SoutluTii 

syjt...    It  is  not  the  intention  of  the  cominittee 

t,)  dwell  I'U  the  pecuniary  aspect  of  this  vital 

.'  Iiirt  the  vast  amount  of  property  involved. 

'  ,;i  m  least   to  !|i;'J5O,0(M).0l)(» ;    the  ruin  of 

fliilie-and  individuals;  the  impoverishmtnt  and 

lu-tiatioii  of  an  entire  section  of  the  Union,  and 

latal  I'l'J^*'  thftt  would  1x3  |?iven  to  the  pro- 

djcuoiis  of  the  irreat  agricultural  staples,  on 

iiiilmil  tiie  commerce,  the  navipation,  the  nuinii- 

j'lures.  and  the  revenuo  of  the  country,  almost 

tiilirelv  depend.     As  jireat  as  lhe.se  disasters 

noulilk  they  are  nothin(r,  compared  to  what 

liu«t  follow  the  subversion  of  the  existiuf;  rela- 

iiji  liotnien  the  two  races,  to  which  the  com- 

litee  will  conlino  their  remarks.     Under  this 

l,itiim,  the  two  races  have  lonR  lived  in  |)eacc 

,1  iiiusiieritv,  and  if  not  disturbed,  would  loii^ 

luniiniie  so  lii  live.    AVhilo  tho  European  race 

.rapidly  increased  in  wealth  and  nunibers,  and 

thei^ame  time  has  maintained  an  equality, 

kast,  morally  and  intellectually,  with  their 

tthien  of  the  non-slaveholding  States ;   the 

ifiican  race  has  multiplied  with  not  less  rapidity, 

|cc  iinpauied  by  great  improvement,  td'j  sically 

jil  intellectually,  and  the  enj.-^m'Jiit  of  a  de- 

fte  of  comfort  with  which  '.he  lab^iing  class 

I  few  comitries  can  compare,  and  confessedl'- 

«tly  superior  to  what  tho  free  jieople  of  t!iO 

nie  race  possess  in  the  non-slaveholding  States. 

I  may,  indeed,  be  safely  asserted,  that  there  is 

(ciamplc  in  history  in  wdiich  a  savage  people, 

ich  as  their  ancestors  were  when  brought  into 

country,  have  ever  advanced  in  the  same 

iridd  so  rapidly  in  numbers  and  improvement. 

I  destroy  the  existing  relations  wouhl  bo  to 

Istruythis  prosperity,  and  to  place  the  two 

«sina  state  of  conllict,  which  must  end  in 

[  expulsion  or  extirpation  of  one  or  tho  other. 

I  other  can  be  substituted,  compatible  with 

Jtir  peace  or  security.    The  difficulty  is  in  the 

IcrMty  of  the  races.    So  strongly  drawn  is  tho 

t  between  the  two,  in  consequence  of  it,  and 

jttrentithened  by  the  force  of  habit,  and  edu- 

pon,  that  it  is  impossible  for  them  to  exist 

lellier  in  the  same  community,  where  their 

ukrB  are  so  nearly  equal  us  in  the  slavehold- 


int:  .*<tatii«,  iindrr  ony  other  rtlatioii  than  whii  h 
iK>w  cxixlM.  ,><.M-ial  Biiil  iMtliiiral  i-pmlio  U- 
twten  them  i*  iiiip<»«ilih<.  \,,  jkiw,  r  on  citrih 
can  oveHnim  the  dilllrulty.  The  cmi-.  »  rii.i«t- 
iiiji  Iif  toM  deep  in  tho  piinctple.,  i,\  our  nature 
to  U'  -iirinotint'  d.     Iliil,  witlnpiit  mi.  Ii  e.|nalit\, 

to  chaiii:''  the  pn  ■'•■ni  i diiinn  of  Ow  .Mri.aii 

riier.  Wire  it  iK)«.<il.h',  would  \h-  l.iit  t"  rhan^ru 
the  fnnii  ofhhivery.  it  wi.idd  make  iliem  the 
slaves  iif  the  coiiiiiiuiuly,  iiirtead  if  the  slavi  s 
of  individuals,  with  lest  le^-pouniliilily  and  iii- 
tel-est  ill  their  welfiue  oil  llic  |iiiil  of"  the  eiilii- 
Iiiilliity  than  is  frit  by  their  plexi  ut  ihaMtei<; 
while  it  would  ilestroy  the  s<eurity  and  iiid« - 
P<Mulriiro  of  the  Kuro|ieiiii  rare,  it  ihi'  .Vl'iifiiti 
hbould  be  |M;nuitted  to  eimtiiuie  in  their  eliail^-ecl 
couditioii  witliiii  the  limits  of  thov  States. 
Tliey  would  liiok  to  the  other  St.ites  f..r  support 
and  proteetiou.uiid  would  become,  virtually,  llieir 
allies  and  dependents;  and  would  thus  place  .ii 
the  hands  of  thofie  .Stilus  the  most  elleetuiil  in- 
strument to  destroy  the  iiitliieiice  andeontiol  the 
1  destiny  of  the  rest  of  the  I  iiioii.  It  is  ajtainst 
this  relation  between  the  I  ao  races  that  the 
I  blind  and  eriminal  zeal  of  the  aliolitioiiists  i.s 
I  directed — a  relation  that  now  preserves  in  quiet 
I  and  security  more  than  ('.,r)ii(i,00(»  of  human 
beliifT'',  and  which  cannot  be  deslro\ed  without 
destroying  the  peace  and  prosperity  of  nearly 
half  the  .states  of  the  rnion,  and  involving  their 
entire  ]K>i)ulatioii  in  a  deadly  contliet,  that  must 
terminate  either  in  the  expulsion  or  extirpation 
of  those  who  are  the  ohjeet  of  the  mis^'uided  ami 
false  humanity  of  tho.se  wlio  claim  to  be  their 
friends.  He  must  bo  blind,  indeed,  who  dois 
not  iK'rceive  that  the  subversion  of  a  i  elation 
which  must  be  followed  with  such  disastrous 
consecpiences  can  only  In;  effected  by  convulsions 
that  would  devastate  the  country,  burst  asunder 
the  bonds  of  Union,  and  ingulf  in  a  sea  of  blood 
tlie  institutions  of  tlie  country.  It  is  madness 
to  suppo.se  that  the  slaveholding  States  wouhl 
quietly  submit  to  be  sacriliced.  Lvery  con- 
sideration— interest,  duty,  ami  humanity,  the 
love  of  country,  the  sense  of  wrong,  hatred  of 
oppressors,  and  treacherous  and  faithless  con- 
federates, and  finally  despair — would  imiiel  them 
to  tho  most  daring  and  desperate  resistance  in 
defence  of  property,  family,  country,  liberty, 
and  existence.  But  wicked  and  cruel  as  is  the 
end  aimed  at,  it  i.s  fully  equalled  by  the  crimi- 
nality of  the  means  by  which  it  is  proposed  to 
bo  accomplished.  These,  as  has  been  stated, 
consist  in  organized  societies  and  a  powerful 
press,  directed  mainly  with  a  view  to  excite  the 
bitterest  animosity  and  hatred  of  the  jjcoiilo  of 
the  non-slaveholding  States  against  tho  citizens 
and  institutions  of  the  slaveholding  States. 
It  is  easy  to  see  to  what  disastrous  results  such 
means  must  tend.  Passing  over  tho  more  ob- 
vious effects,  their  tendency  to  excite  to  insur- 
rection and  servile  war,  with  all  its  horro's,  and 
the  necessity  which  such  tendency  must  impose 
on  tho  slaveholding  States  to  resort  to  the  most 
rigid  discipline  and  severe  police,  to  Am  groat 


584 


TIlinXY  YEARS'  VIEW. 


injury  of  tlic  prepcnt  condition  of  the  slaves, 
tlicre  ri'mninR  another,  tlirenteninp;  incalculable 
mischief  to  the  country.  The  incTitablo  ten- 
dency- of  the  means  to  wl-'cV  the  abolitionists 
have  resorted  to  effect  their  object  must,  if  jwr- 
sisted  in,  end  in  completely  alienating  the  two 
pieat  sections  of  the  Union.  The  incessont  ac- 
tion of  hundreds  of  societies,  and  a  vast  i)rinting 
establishment,  throwing  out  daily  thousands  of 
artful  and  inllannnatory  publications,  must  make, 
in  time,  a  deep  impression  on  the  section  of  the 
Union  where  they  freely  circulate,  and  are 
mainly  designed  to  have  effect.  The  well-in- 
formed and  thoughtful  may  hold  them  in  con- 
tempt, but  the  young,  the  inexperienced,  the 
ignorant,  and  thoughtless,  will  receive  the 
poison.  In  process  of  time,  when  the  number 
of  proselytes  is  suflQciently  multiplied,  the  artful 
and  profligate,  who  are  ever  on  the  watch  to 
seize  on  any  means,  however  wicked  and  dan- 
gerous, will  unite  with  the  fanatics,  and  make 
their  movements  the  basis  of  a  powerful  politi- 
cal party,  that  will  seek  advancement  by  diffus- 
ing, as  widely  as  possible,  hatred  against  the 
slaveholding  States.  But,  as  hatred  begets 
hatred,  and  animosity  animosity,  these  feelings 
would  become  reciprocal,  till  every  vestige  of 
attachment  would  cease  to  exist  between  the 
two  sections,  when  the  Union  and  the  constitu- 
tion, the  offspring  of  mutual  affection  and  confi- 
dence, would  forever  perish.  Such  is  the  danger 
to  which  the  movements  of  the  abolitionists  ex- 
pose the  country.  If  the  force  of  the  obligation 
is  in  proportion  to  the  magnitude  of  the  danger, 
stronger  cannot  be  imposed,  than  is  at  present, 
on  the  States  within  whose  limits  the  danger 
originates,  to  arrest  its  further  progress — a  duty 
they  owe,  not  only  to  the  States  whose  institu- 
tions are  assailed,  but  to  the  Union  and  consti- 
tution, as  has  been  shown,  and,  it  may  be  added, 
to  themselves. 

The  insidiousness  of  this  report  was  in  the 
assumption  of  an  actual  impending  danger  of  the 
abolition  of  slavery  in  all  the  slave  States — the 
destruction  of  nine  hundred  and  fifty  millions  of 
property — the  ocean  of  blood  to  be  shed — the 
war  of  extermination  between  two  races — and 
the  necessity  forextraordinary  means  to  prevent 
tlicBc  dire  calamities ;  when  the  fact  was,  that 
there  was  not  one  particle  of  any  such  danger. 
The  assumption  was  contrary  to  fact :  the  re- 
port was  inflammatory  and  disorganizing :  and 
if  there  w  i.'  any  thing  enigmatical  in  its  con- 
clusions, it  was  sufficiently  interprttcd  in  the 
contemporaneous  publications  in  the  Southern 
slave  States,  which  were  open  in  their  declara- 
tions that  a  cause  for  separation  had  occurred, 
limited  only  by  the  conduct  of  the  free  States  in 
suppressing  within  a  given  time  tlie  incendiary 


societies  within  their  borders.  This  limiutj.^  I 
would  throw  the  respoasihility  of  diBnnion  n^. 
on  the  non-slaveholding  States  failing  to  %n^ 
press  these  societies :  for  disunion,  in  that  a* 
was  foreshadowed  in  another  part  of  this  kjop 
and  fully  avowed  in  contempora-y  Southern  m), 
lications.    Thus  the  report  said : 

"  Those  States,  on  the  other  hand,  are  w. 
only  under  all  the  obligations  which  indeptmlic; 
communities  would  be,  to  adopt  such  mca.<tin<  I 
but  also  under  the  obligation  which  the  const  I 
tution  superadds,  rendered  more  sacred,  if  p^. 
sible,  by  the  fact  that,  while  the  Union  ini[«,i«  I 
restrictions  on  the  right  of  the  slavchnlilii«| 
States  to  defend  themselves,  it  affords  the  me.  I 
dium  through  which  their  peace  and  security  nil 
assailed.  It  is  not  the  intention  of  the  coiiiiiiit.[ 
tee  to  inquire  what  those  restrictions  are.u)j| 
what  are  the  means  which,  under  the  constiit.) 
tion,  are  left  to  the  slaveholding  States  to  pp>  I 
tect  themselves.  The  period  has  not  yet  cent  I 
and  tiiey  trust  never  will,  when  it  may  be  m.! 
cessary  to  decide  those  questions;  but  come  J 
must,  unless  the  States  whose  duty  it  is  tosnf.f 
press  the  danger  shall  see  in  time  its  mafrnituile  I 
and  the  obligations  which  they  are  under  til 
adopt  speedy  and  effectual  measures  to  am.>tiul 
further  progress.  That  the  full  force  of  thisobil 
gation  may  be  understood  by  all  parties,  titl 
committee  propose,  in  conclusion,  to  touch  \n(\ 
ly  on  thu  movements  of  the  abolitionists,  witil 
the  view  of  showing  the  dangerous  consequcnal 
to  which  they  must  lead  ^"  not  arrested." 

These  were  ominous  intimations,  to  receinl 
their  full  interpretation  elsewhere,  and  indissoli-l 
bly  connecting  themselves  with  the  late  disuniul 
attitude  of  South  Carolina — the  basis  of  discofrl 
tent  only  changed.  Mr.  King  of  Georgia  ail 
that  positions  had  been  assumed  and  principltil 
insisted  upon  by  Mr.  Calhoun,  not  only  incotl 
sistcnt  with  the  bill  reported,  but  he  thou^ksl 
inconsistent  with  the  "existence  of  the  Uni«| 
itself,  and  which  if  established  and  carried  ii 
practice,  must  hastily  end  in  its  dissolution."  Mr.l 
Calhoun  in  his  reply  pretty  well  justified  thejtl 
conclusions  of  the  Georgia  senator.  He  maddtil 
point  that  the  non-slaveholding  States  had  tel 
nothing  yet  to  suppress  the  incendiary  societial 
within  their  limits ;  and  joining  that  non-actiii 
of  these  States  with  a  refusal  of  Congress  top 
this  bill,  he  looked  upon  it  as  in  vain  to  ei] 
security  or  protection  for  the  slaveholding  Stt 
except  from  themselves — from  State  intei 
sition,  as  authorized  in  the  Virginia  resolulid 
of  1798 ;  and  as  recently  carried  out  by  M 
Carolina  in  her  nullification  proceedin;,?; 


ANXO  1835.     ANDREW  JACK80X,  PRESIPEXT. 


585 


heir  borders.  This  limiutm 
respoasihility  of  dinunion  up. 
lolding  States  failing  to  sup. 
ies:  for  disunion,  in  th»ta* 
1  in  another  part  of  thiBRfor, 
in  contempora'y  Southern  pil. 
the  report  said : 

i,  on  the  other  hand,  are  w  l 
le  obligations  which  indcixnilitt 
iild  be,  to  adopt  such  measures  I 
he  obligation  which  the  consu  I 
I,  rendered  more  sacred,  if  p«.  I 
i  that,  while  the  Union  ini[*i«| 
the  right  of  the  skvcholdinjl 
1  themselves,  it  affords  the  tit.  I 
hich  their  peace  and  security « I 
not  the  intention  of  the  commit.  I 
irhat  those  restrictions  iK.M 
icans  which,  under  the  constiio.! 
the  slaveholding  Statestopw.! 
,    The  period  has  not  yet  come,  I 
never  will,  when  it  may  be  »| 
le  those  questions ;  but  come  itl 
le  States  whose  duty  it  is  to  siJ 
;r  shall  see  in  time  itsma|:nitiiilel 
ktions  which  they  are  under  ul 
nd  effectual  measures  to  amstiul 
s.    That  the  full  force  of  thigoWil 
J  understood  by  all  parties,  thil 
pose,  in  conclusion,  to  touch  brittl 
cments  of  the  abolitionists,  »iti| 
)wing  the  dangerous  consequcnta I 
must  lead  ^"  not  arrested." 

ominous  intimations,  to  receini 
pretation  elsewhere,  and  indissolvj 
;  themselves  with  the  late  disunia 
iith  Carolina— the  basis  of  discot 
aged.    Mr.  King  of  Georgia  oil 
had  been  assumed  and  ^nmM 
by  Mr.  Calhoun,  not  only  incotl 
he  bill  reported,  but  he  thougktl 
rith  the  "existence  of  the  UmI 
ichif  established  and  carried  iwl 
hastily  end  in  its  dissolution."  JIr,j 
8  reply  pretty  well  justified  tii 
the  Georgia  senator.    He  made  ittl 
non-«laveholding  States  had  deal 
3  suppress  the  incendiary  societia 
imits;  and  joining  thatnon-ic|- 
s  with  a  refusal  of  Congress  to| 
3oked  upon  it  as  in  vain  to  es 
otection  for  the  slavcholdingSt 

themselves— from  SUte  int 
horizcd  in  the  Virginia  resolut 

as  recently  carried  out  by  So: 
her  nullification  proccedini^s; - 


|y^  that  nothing  was  wanted  but  "concert" 
none  theniBclves  to  place  their  domestic  insti- 
ktioa«.  their  peace  and  security  under  their  own 
jfltwtion  and  beyond  the  reach  of  danger.  All 
Lwasthu.'?  intelligibly,  and  ominou.sly  stated 
ihisrcplytoMr.  King: 

-Thusfar(I  say  it  with  regret)  our  just  hopes 
UTc  not  been  realized.    The  legi.slatures  of  the 
louth,  backed  by  the  voice  their  constituents 
ipre-sscd  through  innumerable  meetings,  have 
illod  upon  the  non-slaveholding  States  to  re- 
nss  the  movements  made  within  the  jurisdic- 
U  of  those  States  against  their  peace  and  se- 
ritT.   Not "  step  has  been  taken ;  not  a  law 
s  been  passed,  or  even  proposed ;  and  I  ven- 
■e  to  assert  that  none  will  be ;  not  but  what 
lere  is  a  favorable  disposition  towards  us  in  the 
irtii,  but  I  clearly  see  the  state  of  political 
jtics  there  presents  insujierable  impediments 
,  any  legislation  on  the  subject.     I  rest  my 
linion  on  the  fact  that  the  non-slaveholding 
ktis.from  the  elements  of  their  population, 
i  and  will  continue  to  be,  divided  and  distract- 
[iy  parties  of  nearly  equal  strength ;  and  that 
kh  will  always  be  ready  to  seize  on  every 
fcvemcnt  of  the  other  which  may  give  them  the 
Kriority,  without  much  regard  to  consequcn- 
L  IS  afl'ccting  their  own  States,  and  much  less, 
note  and  distant  sections.    Nor  have  we  been 
B  disappointed  as  to  the  proceedings  of  Con- 
fs.  Believing  that  the  general  government 
,  DO  right  or  authority  over  the  subject  of 
jtery.  we  had  just  grounds  to  hope  Congress 
|nld  refuse  all  jurisdiction  in  reference  to  it, 
irhateTer  form  it  might  be  presented.    The 
f  opposite  course  has  been  pursued.    Aboli- 
fttitions  have  not  only  been  received  in 
1  Houses,  but  received  on  the  most  obnoxious 
Idangerous  of  all  grounds — that  we  are  bound 
kccive  them ;  that  is,  to  take  jurisdiction  of 
[question  of  slavery  whenever  the  abolition- 
imay  think  proper  to  petition  for  its  abolition, 
jer  here  or  in  the  States.    Thus  far,  then,  we 
ne  elaveholding  States  have  been  grievously 
(pointed.    One  question  still  remains  to  be 
led  that  is  presented  by  this  bill.    To  refuse 
iss  this  bill  would  be  virtually  to  co-operate 
ithe  abolitionists — would  be  to  make  the 
prs  and  agents  of  the  post-office  department 
pet  their  agents  and  abettors  in  the  cir- 
jtion  of  their  incendiary  publications,  in  vio- 
la of  the  laws  of  the  States.    It  is  your  un- 
[tionablo  duty,  as   1    have   demonstrably 
d,  to  abstain  from  their  violation ;  and,  by 
ing  or  neglecting  to  discharge  that  duty, 
|«ould  clearly  eidist,  in  the  existing  contro- 
,  on  the  side  of  the  abolitionists  against  the 
icrn  States,    Should  such  be  your  decision, 
fusing  to  pass  this  bill,  I  shall  say  to  the 
le  of  the  South,  look  to  yourselves — ^you 
I  nothing  to  hope  from  others.    But  I  must 
he  Senate,  be  your  decision  what  it  may, 
'outh  will  never  abandon  the  principles  of 


this  bill.  If  voii  refuse  co-operation  with  oul 
laws,  and  conflict  should  ensue  iKtwwn  yoiir 
and  our  law,  the  Soiitlu-rn  Statos  will  liivi'i- 
yield  to  the  superiority  of  your-.  We  have  a 
remedy  in  our  hands,  whifh,  in  such  events,  w« 
shall  not  fail  to  apply.  Wo  have  liiiih  authority 
for  asserting  that,  in  such  cases, '  State  iutcriK)- 
sition  is  the  rightful  remedy' — a  ducfrinc  tirst 
annoimeed  by  Jetll-rson — adoj)tiil  by  the  i^tri 
otic  and  republican  State  of  Kentiuky  by  a  s«> 
lemu  resolution,  in  171)8,  and  finally  carrfcd  out 
into  successful  practice  on  a  recent  occa.sion,  ever 
to  be  remembered,  by  the  gallant  State  which  I, 
in  part,  have  the  honor  to  represent.  In  this 
well-tested  and  efficient  remedy,  stistained  by 
the  principles  developed  in  the  report  and  assert- 
ed in  this  bill,  the  slaveholding  States  have  nn 
ample  protection.  Let  it  be  fixed,  let  it  be  riv- 
eted in  every  Southern  mind,  that  the  laws  of 
the  slaveholding  Stifes  for  the  protection  of  their 
domestic  institutions  are  paramount  to  the  laws 
of  the  general  government  in  repul.ition  of  com- 
merce and  the  mail,  and  that  the  latter  must 
yield  to  the  former  in  the  event  of  conflict ;  and 
that,  if  the  government  should  refuse  to  yield, 
the  States  have  a  right  to  interpose,  and  we  are 
safe.  With  these  principles,  nothing  but  concert 
would  bo  wanting  to  bid  defiance  to  the  move- 
ments of  the  abolitionists,  whether  at  home  or 
abroad,  and  to  place  our  domestic  institutions, 
and,  with  them,  our  security  and  peace,  under 
our  own  protection,  and  beyond  the  '^>ac!i  of 
danger." 

These  were  very  significant  intimations.  Con- 
gress itself  was  to  become  the  ally  of  the  aboli- 
tionists, and  enlist  in  their  cause,  if  it  did  not 
pass  his  bill,  which  was  opposed  by  Southern 
senators  and  founded  upon  a  minority  report 
of  a  Southern  committee  selected  by  Air.  Cal- 
houn himself.  It  was  well  known  it  was  not  to 
pass ;  and  in  view  of  that  fact  it  was  urged  upon 
the  South  to  nullify  and  secede. 

Thus,  within  two  short  years  af\er  the  "com- 
promise "  of  1833  had  taken  Mr.  Calhoun  out  of 
the  hands  of  the  law,  he  publicly  and  avowedly 
relapsed  into  the  same  condition;  recurring  again 
to  secession  for  a  new  grievance ;  and  to  be  re- 
sorted to  upon  cuntmgencies  which  he  knew  to 
be  certain ;  and  encouraged  in  this  course  by 
the  success  of  the  first  trial  of  strength  with  the 
federal  government.  It  has  been  told  at  the 
proper  place— in  the  chapter  which  pave  the 
secret  history  of  the  compromise  of  1833 — that 
Mr.  Webster  refused  to  go  into  that  measure, 
saying  that  the  time  had  come  to  try  the  strength 
of  the  constitution  and  of  the  government :  and 
it  now  becomes  proper  to  tell  that  Mr.  Clay,  af- 
ter seeing  the  relapse  of  Mr.  Calhoun,  bocamo 


MBM 


586 


THIRTY  YEARd'  VIEW. 


doubtful  of  llie  correctness  of  his  own  policy  in 
that  affair  ;  and  often  eaid  to  his  friends  that, 
"in  lookinj?  hack  uj)on  the  whole  case,  ho  had 
serionsly  doublud  the  policy  of  his  interference." 
Certainly  itwa.s  a  niofct  deplorable  interference, 
arresting  tho  process  of  the  law  when  it  was  on 
the  point  of  settling  every  thing  without  hurting 
a  hair  of  any  man's  head,  and  putting  an  end  to 
jiullificalion  forever;  and  giving  it  a  victory, 
real  or  fancied,  to  encourage  a  new  edition  of 
the  same  proceedings  in  u  far  more  dangerous 
and  pervading  form.  But  to  return  to  the  bill 
before  the  Senate. 

"  ilr.  M'ebster  addressed  the  Senate  at  length 
in  opposition  to  the  bill,  commencing  his  argu- 
ment against  what  he  contendetl  was  its  vague- 
ness and  obscurity,  in  not  sufficiently  defining 
wliat  were  the  publications  the  circulation  of 
which  it  intended;  to  prohibit.  The  bill  pro- 
vided that  it  sho',  id  not  be  lawful  for  any  depu- 
ty postma-stcr,  in  any  State,  territory,  or  dis- 
trict of  the  United  States,  knowingly  to  deliver 
to  any  person  whatever,  any  pamphlet,  news- 
l)aper,  handbill,  or  other  printed  paper  or  pic- 
torial representation,  touching  the  subject  of 
slavery,  where,  by  the  laws  of  the  said  State,  dis- 
trict, or  territory,  their  circulation  was  prohib- 
ited. Under  this  provision,  Mr.  W.  contended 
that  it  was  impossible  to  say  what  publications 
might  not  be  prohibited  from  circulation.  No 
matter  what  was  the  publication,  whether  for  or 
against  slavery,  if  it  touched  the  subject  in  any 
shape  or  form,  it  would  fall  under  the  prohibi- 
tion. Even  tho  constitution  of  the  United  States 
might  be  prohibited ;  and  the  person  who  was 
clothed  with  the  power  to  judge  in  this  delicate 
matter  was  one  of  the  deputy  postmasters,  who, 
notwithstanding  f  j  difficulties  with  which  he 
was  encompassed  in  coming  to  a  correct  deci- 
sion, must  decide  correctly,  under  pain  of  being 
removed  from  office.  It  would  be  necessary, 
also,  he  said,  for  the  deputy  postmasters  refef- 
red  to  in  this  bill,  to  make  themselves  acquainted 
with  all  tlie  varioiis  laws  passed  by  the  States, 
touching  the  subject  of  slavery,  and  to  decide 
on  them,  no  matter  how  variant  they  might  be 
with  each  other.  Mr.  W.  also  contended  that 
the  bill  contiicted  with  that  provision  in  the 
constitution  which  prohibited  Congress  from 
jjassing  any  law  to  abridge  the  freedom  of  speech 
or  of  the  press.  What  was  the  liber,ty  of  the 
press  ?  he  asked.  It  was  the  liberty  of  print- 
ing as  well  as  the  liberty  of  publishing,  m  all 
the  ordinary  modes  of  publication ;  and  was 
not  the  circulation  of  papers  through  the  mails 
an  ordinary  mode  of  publication?  He  was 
afraid  that  they  were  m  some  danger  of  taking 
a  step  in  this  matter  that  thc^  might  hereafter 
have  cause  to  regret,  by  its  being  contended 
that  whatever  in  this  bill  applies  to  publications 
touching  slavery,  applies  to  other  publications 


that  the  States  might  think  proper  to  piv,u  J 
and  Congress  might,  under  this  oxamtilJ 
called  upon  to  i«is.s  laws  to supj)re.s,s  tln/ifrj 
tion  of  political,  religious,  or  any  othtr  i^:^ 
tion  of  publications  which  prodiiad  ixcitHnii 
in  the  States.    Was  this  bill  in  acconlanrp^ 
the  general  force  and  temf)er  of  the  constinnJ 
and  its  amendments  ?    It  was  not  in  accotrJi 
with  that  provision  of  the  instrunntit  nm 
which  the  freedom  of  speech  and  (jf  the  ^^ 
was  secured.    Whatever  laws  the  .State  Vt^ 
tures  might  pass  on  the  subject,  Conm*/ 
restrained  from  legislating  in  any  manner  win 
ever,  with  regard  to  the  press.    Ic  would  v^ 
mitted,  that  if  a  newspaper  came  directtii  i 
him,  he  had  a  property  in  it ;  and  imw  wi 
any  man,  then,  take  that  projierty  nnd  burjj 
without  duo  form  of  law?  and  he  did  not  km 
how  this  newspaper  could  be  pronoiincnj  ^ 
unlawful  publication,  and  having  no  propertr  j 
it,  without  a  legal  trial.    Mr.  W.  argued  ajaiM 
the  right  to  examine  into  the  nature  cf  public 
tions  sent  to  the  post-office,  and  said  that  tl 
right  of  an  individual  in  his  papers  was  seen 
to  him  in  every  free  country  in  the  world, 
England,  it  was  expressly  provided  that  tl 
papers  of  the  subject  shall  bo  free  from  all  J 
reasonable  searches  and  seizures— janfjusal] 
said,  to  be  found  in  our  constitution.   W 
principle  established  in  England,  bo  essential  1 
liberty,  had  been  followed  out  in  France,  wl* 
the  right  of  printing  and  publishing  was »., 
in  the  fullest  extent ;  the  individual  puULsL 
being  amenable  to  the  laws  for  what  he  \i\iM 
ed ;  and  every  man  printed  and  published  w j 
he  pleased,  at  his  peril.    Mr.  Wehsterwent^ 
at  some  length,  to  show  that  the  bill  was  ( 
trary  to  that  provision  of  the  constitution  win 
prohibits  Congress  to  pass  any  lawnhri 
the  freedom  of  speech  or  of  the  pa-ss." 

Mr.  Clay  spoke  against  the  bill,  saying: 

"  The  evil  complained  of  was  the  circnliiij 
of  papers  having  a  certain  tendency.  Thei 
pers,  unless  circulated,  did  no  harm,  and  wlj 
in  the  post-office  or  in  the  mail,  tliey  were  i 
circulated — it  was  the  circulation  solely  wiij 
constituted  tho  evil.    It  was  the  taking  tli^ 
out  of  the  mail,  and  the  use  that  was  to  l^n 
of  them,  that  constituted  the  mi.schicf.  Tb 
wa<»  perfectly  competent  to  the  State  antW 
to  apply  tho  remedy.    Tho  instant  that  a  j 
hibited  paper  was  handed  out,  whether  to  id 
zen  or  sojourner,  he  was  subject  to  tl:? 
which  might  compel  him  either  to  sun 
them  or  burn  them.    He  considered  the  I 
only  unnecessary,  but  as  a  law  of  a  dati^ 
if  not  a  doubtful,  authority.     It  was  objei 
that  it  was  vague  and  indefinite  in  its  ciisn 
and  how  is  that  objection  got  over?  Thfl] 
provided  that  it  shall  not  be  lawful  foranyi 
ty  postmaster,  in  any  Stvte,  territory,  ori| 
trict  of  the  United  States,  k  nowingly  to  dti 
to  any  person  whatever,  any  i<ampliiet,  nen 


iliifl     I  ''ir. 


aXNO  18S0.    ANDREW  JACK>t»X,  rilF-SIDKNT. 


587 


Tiiirht  think  proper  to  p^y,i>:,i 
miplit,  under  this  exani|,l(>  |, 
ass  laws  to  supprt'ss  tlutirrt, 
,  relifjious,  or  any  otlitT  i\i:^,^ 
ions  which  produa'd  ixcitiwi;! 
"Was  tills  bill  in  acoordanr.. ,  ;j 
:e  and  tcminT  of  the  contittwin 
leuts  ?     It  was  not  in  acciplj 
vision  of  the  instnimint  in,. 
;dom  of  speech  and  (if  the  pn, 
Whatever  laws  the  State  V'^tj, 
is6  on  the  subject,  Conpresst 
n  legislating  in  any  nmniier  win 
ird  to  the  press.    I  c  w<mid  be  i, 
f  a  newspaper  came  dirertddi 
i  property  in  it ;  and  linw  vri 
L  take  that  proiierty  and  btimj 
jrm  of  law?  and  he  did  notkw 
vspaper  could  be  pronounftiii 
lication,  and  having  no  prnpertyl 
legal  trial.    Mr.  W.  argued  Rail/ 
ixamine  into  the  nature  of  pullkj 

the  post-ofBce,  and  said  thati! 
tdividual  in  his  papers  was  ^m 
>ry  fi"ee  country  in  the  world, 
was  expressly  provided  that  i 
8  subject  shall  be  free  from  ilh 
Earches  and  seizures— lanimagt,! 
found  in  our  constitution,  llj 
ablished  in  England,  so  csstntiil 
been  followed  out  in  France,  wU 
printing  and  publishing  was  mA 
t  extent ;  the  individual  \d>\0 
Lble  to  the  laws  for  what  he  pubM 
TV  man  printe<l  and  published  »i 
at  his  peril.    Mr.  Webster  rat  ^ 
rth  to  show  that  the  bill  was  i 
l  provision  of  the  constitution  kIi 

ongress  to  pass  any  lawabr*'- 
I  of  speech  or  of  the  press." 

spoke  against  the  bill,  saying: 

I  complained  of  was  the  circulii 
laving  a  certain  tendency.  The  J 
J  circulated,  did  no  harm, ! 
-office  or  in  the  mail,  they  were  i 
-it  was  the  circulation  solely »« 
,  the  evil.    It  was  the  taking  tl- 
mail,  and  the  use  that  was  to  bet. 
,at  constituted  the  mischief.  Thi 
tlv  competent  to -he  State  autbon! 
/remedy.    The  instant  thau, 
aer  was  handed  out,  whether  toad 
ourner,  he  was  subject  tot  e^. 
rht  compel  him  either  to  suw 
arnthem.    He  considered  the  M 
cessary.but  as  a  law  of  a  danp 
loubtfui,  authority.      l,ya.^# 
«vague  and  indefinite  mitscb™ 

8  that  objection  got  over?   m 
hatitshallnotbelawfulforanTjJ 

Jiter,  inanySt.xte,terntor)'H 

,« United  States,  KnowinKytojJ 

rson  whatever,  any  paniplilet,iie«! 


,  vji,di,ill,  or  other  printed  paper  or  pictorial 

sntatiiiii-  touching  the  subject  of  slavery, 

^?l,v  the  l»"s  of  the  said  State,  territory, 

'"^'j,;,tl,eir  circulation  is  prohibited.    Now, 

*""  ,j,„jj  be  more  vague  and  indelinite  than 

d'icnplion  1    Now,  could  it  Ijc  decided,  by 

'  iescniiti*"')  what  publications  should  be 

ihilJ  from  distribution?     The  gentleman 

'  Pciiiisvlvania  said  that  the  laws  of  the 

Lwouiii  supply  the  omission.    He  thought 

iwnator  was  premature  in  saying  that  there 

Lj  Ik)  precision  in  State  laws,  before  he 

Led  it  by  producing  the  law.     lie  had  seen 

irh  law.  aiul  he  diti  not  know  whether  the 

jtnption 


in  tiie  bill  was  applicable  or  not. 

L*"^^  another  objection  to  this  part  of  the 

|.  n  anplied  not  only  to  the  present  laws  of 

lst,ites  but  to  any  future  laws  that  might 

I  Mr.C.  denied  that  the  bill  applied  to  the 

Uoldin?  States  only ;  and  went  on  to  argue 

iii  could  be  applied  to  all  the  States,  and  to 

[puWication  touching  the  subject  of  slavery 

fever,  whether  for  or  against  it,  if  such  pub- 

Ln  w!»3  on'y  prohibited  by  the  laws  of  such 

Thus  for  instance,  a  non-slaveholding 

J  mii'ht  prohibit  publications  in  defence  of 

lia^tftution  of  slavery,  and  this  bill  would 

r  to  it  as  well  as  to  the  laws  of  the  slave- 

Ec  states ;  but  the  law  would  be  inopcra- 

[t  declared  that  the  deputy  postmaster 

id  not  be  amenable,  unless  he  knowingly 

(deliver,  &c.    Why,  the  postmaster  might 

liirnoance,  and  of  course  the  law  would  be 

lut  he  wanted  to  know  whence  Congress 
fed  the  power  to  pass  this  law.   It  was  said 
it  was  to  carry  into  effect  the  laws  of  the 
Where  did  they  get  such  authority? 
joujiht  that  their  only  authority  to  pass 
lias  in  pursuance  of  the  constitution ;  but 
\i  laws  to  carry  into  effect  the  laws  of  the 
|B.  was  a  most  prolific  authority,  and  there 
)  knowing  where  it  was  to  stop ;  it  would 
[the  legislation  of  Congress  dependent  upon 
sislation  of  twenty-four  diiJcrent  sove- 
lle  thougiit  the  bill  was  of  a  most 
.«U5  tendency.    The  senator  from  Penn- 
tia  asked  if  the  post-office  p>  iwer  did  not 
fem  the  right  to  regulate  what  should  be 
lin  the  mails.    Why,  there  was  no  such 
I  as  that  claimed  in  the  bill;  and  if  they 
j  such  a  law,  it  would  be  exercising  a  most 
■ous  power.    Why,  if  such  doctrine  pre- 
Itbc  government  might  designate  the  per- 
Ir  parties,  or  classes,  who  should  have  the 
I  of  the  mails,  excluding  all  others." 

M  the  voting  cuino  on ;  and,  what  looks 
mtly  curious  on  the  outside  view,  there 
Irce  tic  votes  successively—two  onamend- 
land  one  on  the  engrossment,  of  the  bill. 
po  ties  oil  amendments  stood  fifteen  to 
^the  absentees  being  eighteen :  one  third 


of  the  .Senate :  the  tie  on  eiiprosHiufiit  wa.s  eij;h' 
teen  to  eighteen — the   absentees  being  twelve: 
one  fourth  of  the  Scn.atc.     It  "as  Mr.  CiiHionn 
who  called  for  the  yeas  and  nav.s  on  each  of 
these  questions.     It  was  evident  that  there  wa,>* 
a  design  to  throw  the  bill  into  the  hamis  of  the 
Vice-President — a  New-Yorkir,  and  the   pro- 
minent candidate  for  the  presidency.     In  coni- 
mittee  of  the  whole  he  did  not  vote  in  the  ca.s«^ 
of  a  tie ;  but  it  was  necessary  to  establish  an 
equilibrium  of  votes  them  to  be  ready  for  the 
ininiediato  vote  in  Senate  on  the  engrossment ; 
and  when  the  committee  tie  was  tleranged  by 
the  acccs.sion  of  three  votes  on  one  side,  the 
equilibrium  wa.s  immediately  re-established  by 
three  on  the  other.    Mr.  Van  Buren,  at  the  mo- 
ment of  this  vote  (on  the  engrossment)  was  out 
of  the  chair,  and  walking  behind  the  colonnade 
back  of  the  presiding  officer's  <  iiair.    My  eyes 
were  wide  open  to  what  was  to  take  place.    i.Ir. 
Calhoun,  not  seeing  him,  eagerly  and  loudly 
asked  where  was  the  Vice-President  ?  and  told 
the  Scrgcant-at-arms  to  look  for  him.    But  he 
needed  no  looking  for.    He  was  within  hearing 
of  all  that  passed,  and  ready  for  the  contingency : 
and  immedirtely  stepping  np  to  his  chair,  and 
standing  up,  promptly  gave  the  casting  vote  in 
favor  of  the  engrossment.    I  deemed  it  a  polit- 
ical vote,  that  is  to  say,  given  from  policy ;  and 
I  deemed  it  justifiable  under  the  circumstances. 
Mr.  Calhoun  had  made  the  rejection  of  the  bill 
a  test  of  alliance  with  Northern  abolitionists, 
and  a  cause  for  the  secession  of  the  Southern 
States :  and  if  the  bill  had  been  rejected  by  Van 
Burcn's  vote,  the  whole  responsibility  of  its  loss 
would  have  been  thrown  upon  him  and  the 
North;  and  the  South  infiamed  against  those 
States  and  himself — the  more  so  as  Mr.  White, 
of  Tennessee,  the  oppo.«ing  democratic  candidate 
for  the  presidency,  gave  his  votes  for  the  bill. 
Mr.  Wright  also,  as  I  believe,  voted  politically, 
and  on  all  the  votes  both  in  the  committee  and 
the  Senate.    lie  was  the  political  and  the  per- 
sonal friend  of  the  Vice-President,  most  confi- 
dential with  him,  and  believed  to  be  the  best 
index  to  his  opinions.    He  was  perfectly  sensi- 
ble of  his  position,  and  in  every  vote  on  the 
subject  voted  with  Mr.  Calhoun.    Several  other 
senators  voted  politically,  and  without  com- 
punction, although  it  was  a  bad  bill,  as  it  was 
known  it  would  not  pass.    The  author  of  this 
View  >\ould  not  so  vote.    He  was  tired  of  the 


588 


nilRTV  YEARS'  VIF.W. 


m 


eternal  cry  of  dissolving  the  I'nion — did  not 
believe  in  it — nud  would  not  pive  a  ropupnant 
vote  to  avoi<l  the  trial.  The  tic  vote  havinp 
been  effected,  and  faile<l  of  its  cxpccte<l  result, 
the  Senate  afterwards  voted  quite  fully  on  the 
final  passage  of  the  bill,  and  rejected  it — twenty- 
Hve  to  nineteen :  only  four  absent.  The  yeas 
were :  Messrs.  Black,  Bedford,  Brown,  Bucha- 
nan, Calhoun,  Cuthbert  of  Georgia,  Grundy, 
King  of  Alabama,  King  of  Georgia,  Mangnm, 
Moore,  Nicholas  of  Louisiana,  Alexander  Porter, 
Preston  of  South  Carolina,  Rives,  Robinson, 
Tallmadge,  Walker  of  Mississippi,  White  of  Ten- 
nessee, Silas  Wright.  The  nays  were :  Messrs. 
Benton,  Clay,  Ciittenden,  Davis  of  Massachu- 
setts, Ewing  of  Illinois,  Ewing  of  Ohio,  Golds- 
borough  of  Jfaryland,  Hendricks,  Hubbard, 
Kent,  Knight,  Leigh,  McKean  of  Pennsylvania, 
Thomas  Morris  of  Ohio,  Naudain  of  Delaware, 
Niles  of  Connecticut,  Prentis.i,  Ruggles,  Shepley, 
Southard,  Swift,  Tipton,  Tomlinson,  Wall  of 
New  Jersey,  Webster :  majority  six  against  the 
bill ;  and  seven  of  them,  if  the  solecism  may  be 
allowed,  from  tho  slave  States.  And  thus  was 
accomplished  one  of  the  contingencies  in  which 
"  State  interposition  "  was  again  to  be  applied 
— the  "  rightful  remedy  of  nullification  "  again 
resorted  to — and  the  "  domestic  institutions  " 
of  tho  Southern  States,  by  "concert"  among 
themselves,  "  to  bo  placed  bej'ond  tho  reach  of 
danger." 


CHAPTEll    CXXXII. 

FRENCH   AFFAinS— APPKOACU   OF   A   FRENCH 
SQUADRON-ArOLOQY  REQUIRED. 

Is  his  annual  message  at  the  commencement  of 
the  session  tne  President  gave  a  general  state- 
ment of  our  aifairs  with  France,  and  promised  a 
special  communication  on  the  subject  at  an  early 
day.  That  communication  was  soon  made,  and 
showed  a  continued  refusal  op  the  part  of  France 
to  jiay  tho  indemnity,  unless  an  apology  was 
first  made ;  and  also  showed  that  a  French  fleet 
was  preparing  for  tho  American  seas,  under  cir- 
cumstances which  implied  a  design  either  to 
overawe  the  American  government,  or  to  be 
ready  for  expected  hostilities.  On  the  subject 
of  the  apology,  the  message  suid : 


"  WhiiRt,   however,   tho  povernmont  r/ 
l'nite<l  Stiitcs  was  awaiting  the  rr.dvciw, 
the  French  povemment,  in  pt.fect  confiL 
that  the  diflRculty  wa«  at  an  end.  the  ,Srw 
of  State  received  a  call  from  the  FrcnVri. 
d'affaires  in  Washington,  who  desired  lor 
him  a  letter  ho  had  received  from  th*  f^ 
minister  of  foreign  affairs.    He  was  nslwij 
ther  he  was  instructed  or  directed  to  nm 
official  communication,  and  replied  that  \  ! 
only  authorized  to  read  the  letter,  and  fn.^J 
copy  if  requested.    It  was  an  attempt  t  i 
known  to  the  government  of  the  I'nitci  Li 
privately,  in  what  manner  it  could  make  fn 
nations,  apparently  voluntary,  but  really  Hj 
by  France,  acceptable  to  her,  and  tiiu?  i 
payment  of  the  twenty-five  miiljoni!  (,f  f-. 
No  exception  was  taken  to  this  mode  of  ^ 
munication,  w^hich  is  often  used  to  pn.w  j 
way  for  official  intercourse;  buttlie.«unr[«l 
made  in  it  were,  in  thcT  substance,  whoi^ 
admissible.    Not  being  m  the  slmpe  of  anos 
communication  to  this  government,  it  diij 
admit  of  reply  or  official  notice ;  nor  couL 
safely  be  made  the  basis  of  any  action  lirl 
Executive  or  the  legislature ;  and  the  Siicrt 
of  State  did  not  think  proper  to  ask  acopTi 
cause  he  could  have  no  use  for  it." 

One  cannot  but  be  struck  with  the  ejtj 
moderation  with  which  the  President  gival 
history  of  this  private  attempt  to  obtaiml 
tated  apology  from  him.  He  recountsits 
and  quietly,  without  a  single  expression  di 
tatcd  feeling ;  and  seems  to  have  met  aixll 
aside  the  attempt  in  the  same  quiet  manii'J 
was  a  proof  of  his  extreme  indisposition  toif 
any  collision  with  France,  and  of  his  i 
determination  to  keep  himself  on  the  ri»!it| 
in  tho  controversy,  whatever  aspect  it  i 
assume.  But  that  was  not  the  only  tn 
which  his  temper  was  put.  The  attempt  ti 
tain  the  apology  being  civilly  repulsed,  dl 
proffered  copy  of  the  dictated  terms  rcfia 
be  taken,  an  attempt  was  made  to  get  tbat^ 
placed  upon  tho  archives  of  the  govea 
with  the  view  to  its  getting  to  Conjns(,| 
through  Congress  to  the  people ;  to  1 
point  of  attack  upon  the  President  for  notf^ 
the  apology,  and  thereby  getting  the  i 
from  France,  and  returning  to  friendly  i 
with  her.  Of  this  attempt  to  get  a  rcfu 
per  upon  our  archives,  and  to  maiieit(f 
as  an  appeal  to  the  people  against  tbeir| 
government,  tho  President  (still  presort 
his  moderation),  gives  this  account : 

"  Copies  of  papers,  marked  Nos,  9, 1 


ANNO  1836.    ANDREW  JACKSON.  rRF:sinENT. 


589 


owcver,  the  povornmont  <(  < 
was  awaititiR  Ihf  movfrnnitji 
ovcrnment,  in  pcfi-ct  runfA 
ulty  was  at  an  end.  the  St<i 
icd  a  call  from  the  French  f . 
rashington,  who  dcsiml  to  r>i 
10  had  received  from  ttip  f, 
»rci(m  affairs.  lie  was  a>U! , , 
nstructcd  or  directed  to  naif , 
unication,  and  replied  that  1*3 
icd  to  read  the  letter,  and  hn^ 
sted.  It  was  an  attempt  1 1 
B  povemment  of  the  Vnitcil  < 
what  manner  it  could  make  m 
rcntly  voluntary,  hut  really  d* 
cceptable  to  her,  and  tlius  ( 
the  twenty-five  millions  df  tn 
n  was  taken  to  this  mode  of  ( 
which  is  often  used  to  invpmj 
cial  intercourse ;  buttlicMip 
,vere,  in  the'r  substance,  wholijj 
Not  being  in  the  shape  of  an  oijl 
;ion  to  this  government,  it  did  j 
eply  or  official  notice ;  nor  conlj 
jade  the  basis  of  any  action  btj 
jr  the  legislature;  andlheSeciii 
d  not  think  proper  to  ask  acopr,] 
>uld  have  no  use  for  it." 

not  but  be  struck  with  the  m 
a.  with  which  the  President  gi™j 
this  private  attempt  to  obtanij 
)gy  from  him.    He  recounts  it  s 
y,  without  a  single  expression  o(| 
ng }  and  seems  to  have  met  a 
attempt  in  the  same  quiet  manra 
of  of  his  extreme  indisposition  tolj 
sion  with  France,  and  of  his  ] 
ition  to  keep  himself  on  therijitj 
.ntroversy,  whatever  aspect  it  i 
But  that  was  not  the  only  tn 


the  part 


h,»n  attempt  on  . 

"         -  •        many  weeks 


i  temper  was  p' 


lut.    The  attempt  t( 


,f  J'alVaires.         . 
.copy  of  thispnricr  among  the 
;^  Ji'mnicnt,  which  for  obvious 
:,.  allowed  to  be  done ;  but  the 


of  the  French 
afterwartls,   to 
archives 
^f^ason8, 
assurance 


ipology  being  civilly  repulsed,  aiil 
copy  of  the  dictated  terms  rcfd 
an  attempt  was  made  to  get  ttiti 

Ipon  the  archives  of  the  goveia 
view  to  its  getting  to  Conpta,] 
Congress  to  thie  people;  to  bw 
attack  upon  the  President  for  not] 
ogy,  and  thereby  getting  tb 

lince,  and  returning  to  friendly 
Of  this  attempt  to  get  a  rctu 
our  archives,  and  to  make  it 

ppeal  to  the  Fopl«  «Sai°^t  tbw] 
lent,  the  President  (stUl  preset 

eration),  gives  this  account; 
of  papers,  marked  Nos.  9, 10.1 


les  I 


I  civen  was  repeated,  that  any  official  com- 
•aiion  which  ho  might  be  authorized  to 
""in  the  accustomed  form  would  receive  a 
"lit  and  iu5»t  consideration.    The  indiscretion 
J!!;,  ,ttcmpt  was  mode  more  manifest  by  the 
iiHDt  avowal  of  the  French  charge  d'of- 
thatthe  object  was  to  bring  the  letter 
«Con<^ress  and  the  American  people.    If 
L  j^nts  on  a  subject  of  disagreement  be- 
ta  tlwir  covcmmcnt  and  this,  wish  to  prefer 
'    j1  to  the  American  people,  they  will 
ttfter  it  is  hojKid,  better  appreciate  their 
iriirhts  and  the  respect  due  to  others,  than 
L  '  pt'to  use  the  Executive  as  the  passive 
n  of  their  communications.    1 1  is  due  to  the 
jctcrof  our  institutions  that  the  diplomatic 
our^^e  of  this  government  should  be  con- 
(ihvith  the  utmost  directness  and  simplicity, 
Ithat  in  all  cases  of  importance,  the  com- 
Vationa  received  or  made  by  the  Executive 
Id  assume  the  accustomed  official  form.    It 
[iT  byiasisting  on  this  form  that  foreign 
trs  can  be  held  to  full  responsibility;  that 
,  communications  can  be  officially  replied 
w  that  the  advice  or  interference  of  the 
atiire  can,  with  propriety,  bo  invited  by  the 
dtnt.   This  course  is  also  best  calculated, 
.one  hand,  to  shield  that  officer  from  un- 
Uuspicions ;  and,  on  the  other,  to  subject 
ortion  of  his  acts  to  public  scrutiny,  and, 
asion  shall  require  it,  to  constitutional 
dversion.    It  was  the  more  necessary  to 
'  to  these  principles  in  the  instance  in  ques- 
nasmuch  as,  in  addition  to  other  important 
sts,  it  very  intimately  concerned  the  na- 
honor;  a  matter,  in  my  judgment,  much 
cred  to  be  made  the  subject  of  private  and 
cial  negotiation." 

^ing  shown  the  state  of  the  question,  the 
ent  next  gave  his  opinion  of  what  ought 
^one  by  Congress ;  which  was,  the  inter- 
i  of  our  ports  to  the  entry  of  French  ves- 
French  products:— a  milder  remedy 
^liat  of  reprisals  which  he  had  recom- 
1  at  the  previous  session.    lie  said : 

;  time  that  this  unequal  position  of  af- 

ihould  cease,  and  that  legislative  action 

I  be  brought  to  susiain  Executive  exertion 

^measures  as  the  case  requires.    While 

I  persists  in  her  refusal  to  comply  with 

ma  of  a  treaty,  the  object  of  which  was, 

lOfing  all  causes  of  mutual  complaint,  to 

iicicnt  feelings  of  friendship,  and  to  unite 

» nations  in  the  bonds  of  amity,  and  of  a 

lly  beneficial  commerce,  she  cannot  justly 

pn  if  we  adopt  such  peaceful  remedies  as 

r  of  nations  and  the  circumstances  of  the 


case  may  authorizo  ami  di'mnnil.     Of  the  nature 
of  thcpc  rvinedifs  I  havo  luTi't'iforc  hnd  M-casion 
to  speak;  and,  in  nTircnr-o  t"  a  particular  ron- 
tinpency,  to  cxpresH  my  ronvirtiim  tlcit  repri'^als 
would  Ijc  Ik-hI  adapted  to  the  etiurv'cnrv  then 
contemplated.     Since  that  perioil,  Frann'.  by  all 
the  departments  of  her  povcriiniiiit.lms  acknow- 
ledged the  validity  of  our  rhiinis  and  the  ohlijra* : 
tions  of  the  treaty,  and  h.is  appropriated  the, 
moneys  which  arc  ncces.sary  to  its  execution  ; 
and  though  {mymcnt  is  withiield  on  grounds 
vitally  important  to  our  existence  as  an  inile- 
pcndent  nation,  it  is  not  to  l)e  believed  that  she 
can  have  determined  pennanently  to  retain  a 
position  so  utterly  indefensible,    in  the  altered 
state  of  the  miestions  in  controversy,  and  undc^ 
all  existing  circumstances,  it  appears  to  nic  that, 
until  such  a  determination  shall  have  become 
evident,  it  will  bo  proper  and  sufficient  to  re- 
taliate her  present  refusal  to  comply  with  her 
engagements  by  prohibiting  the  introduction  uf 
French  products  and  the  entry  of  French  vessels 
into  our  ports.    Between  this  and  the  interdic- 
tion of  all  commercial  intercourse,  or  other  re- 
medies, you,  as  the  representatives  of  the  people, 
must  determine.    I  recommend  the  former,  in 
the  present  posture  of  our  aifairs,  as  being  the 
least  injurious  to  our  commerce,  and  as  attended 
with  the  least  difficulty  of  returning  to  the  usual 
state  of  friendly  intercourse,  if  the  government 
of  France  shall  render  us  the  justice  that  is  due ; 
and  also  as  a  proper  preliminary  step  to  stronger 
measures,  should  their  adoption  be  rendered  ne- 
cessary by  subsequent  events." 

This  interdiction  of  the  commerce  of  France, 
though  a  milder  measure  than  that  of  reprisals, 
would  still  have  been  a  severe  one — severe  at 
any  time,  and  particularly  so  since  the  formation 
of  this  treaty,  the  execution  of  which  was  so 
much  delayed  by  France ;  for  that  was  a  treaty 
of  two  parts — something  to  be  done  on  each  sidt 
On  the  part  of  France  to  pay  us  indemnities :  on 
our  side  to  reduce  the  duties  on  French  wines: 
and  this  reduction  had  been  immediately  made 
by  Congress,  to  take  effect  from  the  date  of  the 
ratification  of  the  treaty;  and  the  benefit  of  that 
reduction  had  now   been  enjoyed   by  French 
commerce  for  near  four  years.    But  that  was 
not  the  only  benefit  which  this  treaty  brought 
to  France  from  the  good  feeling  it  produced  in 
America:  it  procured  a  discrimination  in  favor 
of  siiks  imported  from  this  side  of  the  Cape  of 
Good  Hope — a  discrimination  inuring,  and  in- 
tended to  inure,  to  the  benefit  of  France.    The 
author  of  this  View  was  much  instrumental  in 
procuring  that  discrimination,  and  did  it  upon 
conversations  with   the  then  resident  French 
minister  at  Washington,  and  founding  his  ai-gu- 


590 


THIRTY  YEARS'  VIEW. 


went  ii]ion  data  jh'rived  from  him.  The  data 
Wire  t«  chow  that  the  discrimination  would  \)C 
litiiefKriftl  to  the  trade  of  liolhcotintrics;  but  the 
itidticin;;  cause  was  pood-will  to  France,  and  a 
desire  to  bury  all  recollection  of  past  difTcrenccR 
in  our  emulation  of  good  works.  This  view  of 
the  treaty,  and  a  statement  of  the  advantages 
which  Franco  had  obtained  from  it,  was  well 
Fhown  by  Mr.  Buchanan  In  his  speech  in  sup- 
port of  the  message  on  French  affairs ;  in  which 
he  said : 

"The  government  of  the  United  States  pro- 
ceeded immediately  to  execute  their  part  of  the 
treaty.  By  the  act  of  the  13th  July,  1832,  the 
duties  on  French  wines  were  reduced  according 
to  its  terms,  to  take  effect  from  the  day  of  the 
rxchange  of  ratifications.  At  the  same  session, 
the  Congress  of  the  United  States,  impelled,  no 
doubt,  by  their  kindly  feelings  towards  France, 
which  had  been  roused  into  action  by  what  they 
believed  to  be  a  final  and  cquitpblo  settlement 
of  all  our  disputes,  voluntarily  reduced  the  duty 
npon  silks  coming  from  this  side  of  the  Capo  of 
Good  Hope,  to  five  jtcr  cent.,  whilst  those  from 
beyond  were  fixed  at  ten  per  cent.  And  at  the 
next  session,  on  the  2d  of  March,  1833,  this  duty 
of  five  per  cent,  was  taken  off"  altogether ;  and 
ever  since,  French  silks  have  been  admitted  into 
our  country  free  of  duty.  There  is  now,  in  fact,  a 
discriminating  duty  of  ten  per  cent,  in  their  favor, 
over  silks  from  beyond  the  Cape  of  Good  Hope. 

"  What  has  France  gi  ined  by  these  measures 
in  duties  on  her  wines  aud  her  silks,  which  she 
would  otherwise  have  been  bound  to  pay  ?  I 
have  called  upon  the  Secretary  of  the  Treasury, 
for  the  purpose  of  ascertaining  the  amount.  I 
now  hold  in  my  hand  a  tabular  statement,  pre- 
pared at  my  request,  which  shows,  that  had  the 
duties  remained  what  they  were,  at  the  date  of 
the  ratification  of  the  treaty,  these  articles,  sinco 
that  time,  would  have  paid  into  the  Treasury, 
on  the  30th  September,  1834,  the  sura  of 
$!3,061,525.  Judging  from  the  lai^e  importa- 
tions which  have  since  been  made,  I  feel  no  hesi- 
tation in  declaring  it  as  my  opinion,  that,  at  the 
present  moment,  these  duties  would  amount  to 
more  than  the  whole  indemnity  which  France 
has  engaged  to  pay  to  our  fellow-citizens.  Be- 
fore the  conclusion  of  the  ten  years  mentioned 
in  the  treaty,  she  will  have  been  freed  from  the 
payment  of  duties  to  an  amount  C9nsiderably 
above  twelve  millions  of  dollars." 

It  is  almost  incomprehensible  that  there 
should  have  been  suchdelaj'  in  complying  with  a 
treaty  on  the  part  of  France  bringing  her  such 
advantages ;  and  it  is  due  to  the  King,  Louis 
Philippe  to  say,  that  he  constantly  referred  the 
delay  to  the  difficulty  of  getting  the  appropria- 
tion through  the  French  legislatiye  chambers. 


ITc  often  applied  for  th*»  appropriation  1,h, 
not  venture  to  make  it  an  a«IminiMrsti„r  j 
tion ;  and  the  offensive  demand  for  t!i(  „J 
came  from  that  quarter,  in  the  shape .  f  j.l 
preccdentd  proviso  to  the  law  (wl.cn  "i 
pass),  that  the  money  was  not  to  W  ta,i, 
there  had  been  an  apolog}'.    Tiic  onlvdi,,! 
to  the  King's  conduct  was  that  he  ilid  n,,i 
the  appropriation  a  cabinet  measure,  and  itI 
sues  with  the  chambers ;  but  that  otijiction  J 
become  less  since ;  and  in  fact  totallv  disarift 
from  seeing  a  few  years  afterwards,  t|ie, 
with  which  the  King  was  expelled  friii] 
throne,  and  how  uuablo  he  was  to  tn-  i 
with  the  chambers.    The  elder  branch  o(j 
Bourbons,  and  nil  their  adhcrcnt.'i,  were  unfrii 
ly  to  the  United  States,  consideringthe  Am 
revolution  as  the  cause  of  the  French  rcvolmjl 
and  consequently  the  source  of  all  tlieir  nj 
five  years  of  exile,  suffering  and  death.  Tliel 
publicans  were  also  inimical  to  him  and  a 
with  the  legitimists. 

The  President  concluded  his  mes-agei 
stating  that  a  large  French  naval  an 
was  under  orders  for  our  seas;  and  saiJ; 

"  Of  the  cause  and  intent  of  these  ara^ 
I  have  no  authentic  information,  nor  anvn 
means  of  judging,  except  such  as  arc  coram 
yourselves  and  to  the  public ;  but  wliatowrj 
be  their  object,  we  are  not  at  libeitvtot^ 
them  as  unconnected  with  the  mea.siire<i 
hostile  movements  on  the  part  of  France  j 
compel  us  to  pursue.  They  at  leasi  im 
be  met  by  adequate  preparations  on  oiir< 
and  I  therefore  strongly  urge  larfrcandsi 
appropriations  for  the  increase  of  the  nju] 
the  completion  of  our  coast  defences. 

"  If  this  array  of  military  force  be  ralrl 
rfgned  to  affect  the  action  of  thegovcmMl 
people  of  the  United  States  on  the  qiiestioai  j 
pending  between  the  two  nations,  then  i 
would  it  be  dishonorable  to  pause  a  inonKij 
the  alternative  which  such  a  state  oft 
would  present  to  us.     Come  what  may,  tk 
planation  which  France  demands  can  im 
accorded;  and  no  armament,  however  pen 
and  imposing,  at  a  distance,  or  onourcc«J 
I  trust,  deter  us  from  discharging  the  li 
ties  which  we  owe  to  our  constituent!,  t)| 
national  character,  and  to  the  world." 

Mr.  Buchanan  sustained  the  me;«inj 
careful  and  well-considered  review  of  this  i| 
French  question,  showing  that  the  deni 
an  apology  was  an  insult  in  aggravation^ 
injury,  and  could  not  be  given  without  u 
degradation ;  joining  the  President  in  liil 


ANNO  1830.    ANDRFAV  .lACKSON,  nUMDRNT. 


991 


lied  for  the npproprintion  ir.i V 
to  tnako  it  on  wimini.'traii.'., 
e  offensive  demand  for  tin  m.j, 
lat  quarter,  in  the  shape  .fj.j 
proviso  to  the  hvw  (wltn 
he  money  was  not  to  Wjui, 
en  an  apologj'.    Tlie  only  (,ti( 
s  conduct  was  that  ho  ilid  n,! j 
ation  a  cabinet  measure,  anil  i:t| 
ic  chambers ;  but  that  olijtctiotl 
since ;  and  in  fact  totally  disapjn 
a  few  years  afterward?,  the  j 
1  the  King  was  expelled  frin| 
i  how  unable  he  was  to  tn- 
lambcrs.    The  elder  branch  o[j 
,nd  nil  their  adherents,  Wfreunfni 
lited  States,  considering  the  AimiJ 
IS  the  cause  of  the  French  zcnm 
iiently  the  source  of  all  their  twj 
f  exile,  suffering  and  death.  Tb(j 
were  also  inimical  to  him,  and  i 
gitimists. 

jsident  concluded  his  mes-agei 
at  a  largo  French  naval  an 
orders  for  our  seas;  and  saiJ; 

cause  and  intent  of  these  arm 
luthentic  information,  nor  anyt 
adging,  except  such  as  arc  coraim 
I  and  to  the  public;  butwhatowi 
jject,  we  are  not  at  liberty  ton 
nconnected  with  the  niea.siirMi 
(vements  on  the  part  of  France  j 

to  pursue.  They  at  least  desen 
r  adequate  preparations  on  ciiri 
•eforo  strongly  urge  larpcands^il 
:ion8  for  the  increase  of  the  njTj,| 
etion  of  our  coast  defences, 
I  array  of  military  force  be 
affect  the  action  of  the  gOTcmni«iit 
the  United  States  on  the  questimij 
letween  the  two  nations,  then  i 
oe  dishonorable  to  pause  a  mom 
native  which  such  a  state  of  i 
esent  to  us.     Come  what  mar,  til 

which  France  demands  can  m 
;  and  no  armament,  however  pen 
sing,  at  a  distance,  or  ononroosaj 
Icterus  from  discharging  the  li ' 
;h  we  owe  to  our  constitueiitj,t)| 
character,  and  to  the  world." 

;uchanan  sustained  the  messj?  I 
nd  well-considered  review  of  this  ^ 
question,  showing  that  the  ta 
gy  was  an  insult  in  aggravation^ 
and  could  not  be  given  without  u" 
tion;  joining  the  President  in  laj 


,  g^<iiro»  for  preserving  the  rights  and  honor 

■y  criuntry ;  declaring  that  if  hostilities  came 

,r  Wire  jircferable  to  disgrace,  and  that  the 

wurM  would  put  the  blame  on  Franco. 

\f  t'alliimn  took  a  different  view  of  it,  declar- 

•  that  the  state  of  our  atfuirs  with  Fnmce  was 
L  itft'Ct  of  the  l'resident'8  !uismanagemei>t,  and 
lit  if  wMr  came  it  would  l)c  entirely  his  fault; 

1  atlinmd  hi-t  deliberate  belief  that  it  wm  the 
\iiiltnt'-;  design  to  have  war  with  France. 
i  ;ai<l : 

t]  f^^j  that  the  condition  in  which  the  conn- 

•  is  now  placed  has  been  the  result  of  a  <lelib- 
Ite  anil  systematic  policy.  1  am  bound  to 
•k  mv  sentiments  freely.  It  is  due  to  my 
f  litiitents  and  the  country,  to  act  with  per- 
t candor  and  truth  on  a  question  in  which 

tr  interests  is  so  deeply  involved.  I  will  not 
Tt  that  the  Executive  has  deliberately  aimed 
[war  from  the  commencement ;  but  I  will  say 
It,  from  the  beginning  of  the  controversy  to 
I  present  moment,  the  course  which  the  Pre- 
tnt  has  pursued  is  preci.sely  the  one  calcula- 
I  to  tcrnilnato  in  a  conflict  between  the  two 
lionj.  It  has  been  in  his  power,  at  every  pe- 
.  to  pvc  the  controversy  a  direction  by  which 
I  pe«c  of  the  country  might  be  preserved, 
Ihout  the  least  sacrifice  of  reputation  or  hon- 
I  but  he  has  prefei  red  the  opposite.  I  feel 
LMr.  C.)how  painful  it  is  to  make  these 
iirations ;  how  unpleasant  it  is  to  occupy  a 
ption  which  might,  by  any  possibility,  be  con- 
1  in  opposition  to  our  country's  cause ; 
L  in  my  conception,  the  honor  and  the  inter- 
|of  the  country  can  only  be  maintained  by 
Ming  the  course  that  truth  and  justice  may 
htc.  Acting  under  this  impression,  I  do  not 
itatc  to  assert,  after  a  careful  examination  of 
I  documents  connected  with  this  unhappy 
Irovcrsy,  that,  if  war  must  come,  we  are  the 
lors— we  are  the  responsible  party.  Stand- 
las  I  fear  we  do.  on  the  eve  of  u  conflict,  it 
Vd  to  me  have  been  a  source  of  pride  and 
liurc  to  make  an  opposite  declaration ;  but 
pcred  regard  to  truth  and  justice,  which,  I 
;,  will  ever  be  my  guide  under  the  most  dif- 
t  circumstances,  would  not  permit." 

Ir.  Benton  maintained  that  it  was  the  con- 
I  of  the  Senate  at  the  last  session  which  had 
1  to  the  French  question  its  present  and 
Be  aspect :  that  the  belief  of  divided  counsels, 
of  a  majority  against  the  President,  and  that 
loked  to  moQey  and  not  to  honor,  had  en- 
l  the  French  chambers  to  insult  us  by 
iiding  an  apology,  and  to  attempt  to  in- 
late  us  by  sending  a  fleet  upon  our  coasts. 
Md: 

'was  in  March  last  that  the  three  millions 


I  and  the  fi.rtillr.ition  bill  wen*  lo.^f ;  Kin.-e  then  the 
j  whole  nsyn'ct  of  the  Fniirli  (iiu^tinii  js  rliaiiL'e.i. 
I  The  money  is  withliold,  and  .xpliui.iiion  is  <l.- 
I  ninnded,  an  ni.n|„^'y  j.;  pns<Tilic.l.  iukI  h  Fivnch 
I  fleet   approaclie.^.      (hir    gnvcniineiit.    <-li:ir':e.| 
I  with  ipsiiltinj;    France,   wluii    no    insult   wiis 
i  intended  l.-y  u«,  and  none  can  Ih-  (httcted  in  our 
words  by  her,  is  itself  openlv  and  viliiinvntlv  in- 
sulted.    The  ajwlogy  i»  to  (iffrradc  ns  ;  tlie'llert 
to  intimidate  us;  and  the  two  tn^reilicr  consti- 
tute an  instdt  of  the  gravest  eliiiiucur.     There 
in  no  iinrullel  to  it,  except  in  the  history  of 
France  herself;  but  not  France  of  the  l'.»tli"ceii- 
turj-,  nor  even  of  the  18th,  but  in  the  remote 
and  ill-n'gulated  times  of  the  ITtli  cei  tnrv.  and 
in  the  days  of  the  proudest  of  the  Fp  luh  kin^rs, 
and  towards  one  of  the  smallest  Itiiliiin  repul>-' 
lies.     1  allude,  sir,  to  what  hajipened  hetween 
I-ouis  XIV.  and  the  Doge  of  Genoa,  and  will  iva(| 
the  account  of  it  fnnn  the  pen  of  \oltaire,  in  his 
Age  of  Louis  XIV. 

" '  The  (Genoese  had  built  four  pallevs  for  the 
service  of  Spain ;  the  King  (of  FnuicI')  forbade 
them,  by  his  envoy,  St.  Olon,  one  of  his  gentle- 
men in  ordinary,  to  launch  tho.se  galleys.  Tiio 
Genoese,  incensed  at  this  violation  of  their  liber- 
ties, and  depending  too  much  on  the  support  of 
Spain,  refused  to  obey  the  order.  Immediately 
fourteen  men  of  war,  twenty  galleys,  ten  bomb- 
ketches,  with  several  frigates,  set  sail  from  the 
port  of  Toulon.  They  arrived  befure  Genoa, 
and  the  ten  bomb-ketches  discharged  14.000 
shells  into  the  town,  which  reduced  to  ashes  a 
principal  part  of  those  marble  edifice,  which  had 
entitled  this  city  to  the  name  of  Genoa  the 
Proud.  Four  thousand  men  were  then  landed, 
who  marched  up  to  the  gates,  and  burnt  the 
suburb  of  St.  Peter,  of  Arena.  It  was  now 
thought  prudent  to  submit,  in  order  to  prevent 
the  total  destruction  of  the  city.  The  King  ex- 
acted that  the  Doge  of  Genoa,  with  four  of  the 
principal  senators,  should  come  and  implore  his 
clemency  in  the  palace  of  Versailles ;  and,  lest 
the  Genoese  should  elude  the  making  this  satis- 
faction, and  lessen  in  any  manner  the  pomp  of 
it,  he  insisted  further  that  the  Doge,  «ho  was 
to  perform  this  embassy,  should  '  _  continued  in 
his  magistracy,  notwithstandi.ig  the  perpetual 
law  of  Genooj  which  deprives  the  Doge  of  his 
dignity  who  is  absent  but  a  moment  from  the 
city.  Imperialo  Lercaro,  Doge  of  Genoa,  attended 
by  the  senators  Lomellinx),  Garibaldi,  Durazzo, 
and  Salvago,  repaired  to  Versailles,  to  submit  to 
what  was  required  of  him.  The  Doge  appeared 
in  his  robes  of  state,  his  head  covered  with  a 
bonnet  of  red  velvet,  which  he  often  took  off 
during  his  speech ;  made  his  apology,  the  very 
words  and  demeanoi-  of  which  were  "dictated  and 
prescribed  to  him  by  Seignelai,'  (the  French 
Secretary  of  State  for  Foreign  Affairs). 

"  Thu.s,  said  Mr.  B.,  was  the  city  of  Genoa, 
and  its  Doge,  treated  by  Louis  XIV.  But  it 
was  not  the  Doge  who  was  degraded  by  this 
indignity,  but  the  republic  of  which  he  wae 
chief  magistrate,  and  all  the  republics  of  Italy, 


■v\t 


592 


TIIHITY  VKAllS'  VIKW. 


besides,  wliich  felt  thcmwlves  all  humbled  by 
the  outrage  which  a  kin;;  had  inflicted  upon  one 
ol'thiir  niitnlar.  So  of  the  apolopry  demanded, 
and  of  the  tli'ct  font  upon  u»,  and  in  presence  of 
which  I'residtnt  Jackson,  aci-onlinp;  to  the  Cun- 
ttilutiuini^l,  is  to  make  his  decision,  and  to  re- 
mit it  to  the  Tuilerics.  It  is  not  President 
Jackson  that  is  outraged,  but  the  republic  of 
which  he  is  I'rcsident ;  and  all  existing  repulj- 
lics,  wheresoever  situated.  Our  whole  country 
is  insulted,  and  that  is  the  feeling  of  the  whole 
country;  and  this  feeling  pours  in  upon  us  every 
day,  in  every  manner  in  which  public  sentiment 
can  be  maTiifestod,  and  especially  in  the  noble 
rescdvos  of  tlie  States  whose  legislatures  arc  in 
session,  and  who  hasten  to  declare  their  adhe- 
rence to  the  policy  of  th  j  special  message.  True, 
President  Jackson  is  not  req,uircd  to  repair  to 
the  Tuilcries,  with  four  of  his  most  obnoxious 
senators,  and  there  n-cito,  in  person,  to  the  King 
of  the  Fiench,  the  apology  which  ho  had  first 
rehearsed  to  the  Duke  de  Broglic;  true,  the 
bomb-ketches  of  Admiral  Mackau  have  not  yet 
fired  14,0U0  shells  on  one  of  our  cities ;  but  the 
mere  demand  for  an  apology,  the  mere  dictation 
of  its  terms,  and  the  mere  advance  of  a  fleet,  in 
the  present  si  ate  of  the  world,  and  in  the  dif- 
ference of  parties,  is  a  greater  outrage  to  us  than 
the  actual  perpetration  of  the  enormities  were 
to  the  Genoese.  This  ia  not  the  seventeenth 
century.  President  Jackson  is  not  the  Doge 
of  a  trading  city.  We  are  not  Italians,  to  be 
trampled  upon  by  European  kings ;  but  Ameri- 
cans, th'i  descendants  of  that  Anglo-Saxon  race, 
which,  for  a  thousand  years,  has  known  how  to 
command  respect,  and  to  preserve  its  place  at 
the  head  of  nations.  We  are  young,  but  old 
enough  to  prove  that  the  theory  of  the  French- 
man, the  Abbe  Raynal,  is  as  false  in  its  applica- 
tion to  the  people  of  this  hemisphere  as  it  is  to 
the  other  productions  of  nature ;  and  that  the 
belittling  tendencies  of  the  New  World  are  no 
more  exemplified  in  the  human  race  than  they 
are  in  the  exhibition  of  her  rivers  and  her  moun- 
tains, and  in  the  indigenous  races  of  the  mam- 
moth and  the  mastodon.  The  Duke  de  Brog- 
lid  has  made  a  mistake,  the  less  excusable,  be- 
cause he  might  find  in  his  own  country,  and 
perhaps  in  his  own  family,  examples  of  the  ex- 
treme criticalncss  of  attempting  to  overawe  a 
community  of  freemen.  There  was  a  Marshal 
Broglie,  who  was  Minister  at  War.  at  the  com- 
mencement of  the  French  Hevolution,  and  who 
advised  the  formation  of  a  camp  of  20,0()0  men 
to  overawe  Paris.  The  camp  was  formed.  Parii 
revolted ;  captured  the  Bastile ;  marched  to  Ver- 
sailles ;  i!:torraed  the  Tuilerics  ;  overset  the 
monarchy ;  and  established  the  Revolution.  So 
much  for  attempting  to  intimidate  a  city.  And 
yet,  here  is  a  nation  of  freemen  to  be  intimi- 
dated :  a  republic  of  fourteen  millions  of  peo- 
ple, and  descendants  of  that  Anglo-Saxon  race 
which,  from  the  days  of  Agincourt  iid  Cressy, 
of  Blenheim  and  Ramillies,  down  to  the  days  of 
Salamanca  and  Waterloo,  have  always  known 


perfectly  well  how  to  deal  with  the  imtittv 
and  fiery  courage  of  the  Frcncli."  "* 

Mr.  Benton  also  showed  that  there  «i,  j 
party  in  the  French  Chambers,  woridng  to  ■ 
paratu  the  President  of  the  United  Stit^  fj 
the  people  of  the  United  States,  and  to  i 
him  responsible  for  the  hostile  attitude  r.f  ikj 
two  coinitries.     In  this  sense  acted  the  (ioti 
Mons.  Henry  de  Chabaulon,  whospolictlim' 

"  The  insult  of  President  Jackson  wnrntf  J 
himself  only.     This  is  more  evident,  from  ty 
refusal   of  the  American  Conpross  to  (vnJ 
with  him  in  it.     The  French  Chamijor, hry 
terforing,  would  render  the  affair  more  scri™ 
and  make  its  arrangement  more  dillicult  i 
even  dangerous.     Let  us  put  the  case  too™ 
selves-     Suppose  the  United  States  had  fjH 
part  with  General  Jackson,  we  should  liaveli 
to  demand  satisfaction,  not  from  him,  but  fn 
the  United  States ;  and,  instead  of  now  tii^jd 
about  negotiation,  we  should  have  had  to  d 
appropriations  fo.'  a  war,  and  to  intrust  to «, 
heroes  of  Navarino  and  Algiers  the  task  i 
teaching  the  Americans  that  France  knows  t 
way  to  Washington  as  well  as  England. ' 

This  language  was  received  with  applaasa 
the  Chamber,  by  the  extremes.  It  was  the  li 
guage  held  s?x  weeks  after  the  rise  of  Cona 
and  when  the  loss  of  the  three  millions  i 
by  the  President  for  contingent  preparation,!! 
after  the  loss  of  the  fortificR*ion  bill,  were  ft!j 
known  in  Paris.  Another  speaker  in  the  Cli 
ber,  Mons.  Ranc£,  was  so  elated  by  these  I 
as  to  allow  himself,  to  discourse  thus : 

"  Gentlemen,  we  should  put  on  one  side  of  ti 
tribune  the  twenty-five  millions,  on  the  oti 
the  sword  of  France.  When  the  Ameria 
see  this  good  long  sword,  this  very  lonp  im 
gentlemen  (for  it  struck  down  every  thing  h 
Lisbon  to  Moscow),  they  will  perhap.s  recolli 
what  it  did  for  the  independence  of  their  o 
try ;  they  will,  porhaps,  too,  reflect  upon  \ 
it  could  do  to  support  and  avenge  the  honora 
dignity  of  France,  when  outraged  by  an  ungn! 
ful  people.  [Cries  of '  well  said  I ']  Bclievei 
gentlemen,  they  would  sooner  touch  youra 
ncy  than  dare  to  touch  your  sword;  ami  I 

Cir  twenty-five  millions  they  will  bring  j 
k  the  satisfactory  receipt,  which  it  is  j 
duty  to  exact." 

And  this  also  was  received  with  grcut  apf 
bation,  in  the  Chamber,  by  the  two  cxtre 
and  was  promptly  followed  by  two  royal  i 
dances,  published  in  the  Moniteur,  underwli 
the  Admiral  Mackau  was  to  take  romminif 
a  "  squadron  of  observation,"  and  proceed  j 


ANXO  IdSil.     ANMMAV  .IA«  K><)N.  I'l'.r>II»i:NT. 


593 


also  showed  that  (here  »», 
ench  Chambers,  workiiij;  to  i 
itlcnt  of  the  United  St»in  fp 
the  United  States,  ami  to  nu. 
)  for  tho  hostile  ttttilude  rf  t| 
In  this  sense  acted  the  licputJ 
Ic  Chabaulon,  who  spoke- thu;| 

of  President  Jocksnn  wtmiife 
This  is  more  evident,  from  lU 
,  American  Conprcss  to  cnn, 
t.    The  French  ChamWjiyi 
Id  render  the  affair  more  mrm 
arrangement  more  dilliculij 
lis.    Let  us  put  the  case  too 
ose  the  United  States  had  ti. 
leral  Jackson,  we  sliould  havei 
tisfaction,  not  from  him,  hut  ftL 
atcs ;  and,  instead  of  now  tilki^ 
,tion  wo  should  have  had  tomi' 
8  foi"  a  war,  and  to  intrust  too. 
avarino  and  Algiers  the  task  ( 
Americans  that  France  knnwj  i 
lington  08  well  as  England.' 

age  was  received  with  applansi 
■  by  the  extremes.   It  was  thel; 
'z  weeks  after  the  rise  of  Cong 
0  loss  of  the  three  millions « 
lent  for  contingent  preparation,!! 
J  of  tho  fortificft*">n  bill,  were  fulj 
iris.    Another  speaker  in  the  Cb 
lanc6,  was  so  elated  by  these  Im 
limseif,  to  discourse  thus: 

len  we  should  put  on  onesideoftl 
twenty-five  millions,  on  the  oti 
of  France.    "When  the  Ameria 
d  long  sword,  this  very  lonj;  m 
for  it  struck  down  every  thin?  fe 
loscow),  they  will  perhaps  recol 
for  the  independence  of  their  r 
irilL  perhaps,  too,  reflect  upon 
to  support  and  avenge  the  honon 
ranee,  when  outraged  by  an  mp» 
[CrieB  of 'well  said!']  Mm 
they  would  sooner  touch  youri 
are  to  touch  your  sword;  »ndl 
y.five  millions  theywdlhragj 
atisfactory  receipt,  which  it  i5  w 
ict." 

I  also  was  received  with  great  s] 
the  Chamber,  by  the  two  cxti 
•omptly  followed  by  two  royal 
ali8hedintheMoni7fHr,under» 

alMackauwasto  take  romnuiji 
on  of  observation,"  and  proctrf 


,  West  Indies   Tho  Conitlitutumnel,  tho  fUiiii- 1  iiiulrr  (lie  oiMraii,,n  r.f  tlii-<  disrriminntinK  duty, 
Lff/;il  poi'^'"  "f  the povcrnment, Ktated  that  this  l  ""r  iinp.pii-  of  I'ltncli  nilks  liavr  risen  fn.m  t\v.> 
j^jiin' waM  warranted  by  tho  actual  state  of  j 


niiliiiiiH  (if  (|ipii:ir>  per  imiihiiii  to  Ax    uillion; 

nnd  II  lialf;  fn.in  I'lkiliind.  tli.'V  h;»vc  ri-tii  from 

Nation*  iK-tween  rranco  an.i  me  i  nite.i ;  ^  ^„„,„,r  of  a  inillia,,  to  thr.V  ,,.wrt.  n  ;  from 

lutis-tl'a'  tho  United  States  had  no  force  to  j  Cliina,  tl-.y  have  Mi.ik  IVom  thrcv  millioi'i!*  and 


l>etwecn  Franco  and  the  United 


^p  (0  it_nnd  applauded  the  government  for 
forcsi;.'ht  uiid  energy.      Mr.  Benton   thus 
Bramenti'd  uioii  the  approach  of  this  French 

buaJrun ; 


•A  French  fleet  of  sixty  vesfols  of  war.  to  be 
Llliiwed  by  t^ixty  more,  now  in  coramiisgion,  n])- 
)»chfs  our  coast;  and  approaches  it  for  the 
)»cJ  [lurpose  of  observinff  on."  ^-onduct.  in  re- 
lion  to  France.    It  is  styled,  in  the  French 
iixr!!.  a  siiuadron  of  observation ;  and  wc  are 
[fficicnily  acquainted  with  the  military  voca- 
ixn  of  France  to  know  what  that  phrase 
-ns.    In  tlie  days  of  tho  great  Fimperor,  we 
ire  accustomed  to  see  the  armies  which  de- 
iihid  empires  at  a  blow,  wear  that  pacific 
je  up  to  the  moment  that  the  blow  was  ready 
be  struck.    These  grand  armies  assembled 
I  the  frontiers  of  empires,  gav«  emphasis  to 
rutiation,  and  crushed  what  resisted.    A  squa- 
m  of  observation,  then,  is  a  squadron  of^  in- 
liJation  tirst,  and  of  attack  eventually ;  and 
iinU  could  Ix!  more  palpable  than  that  such 
J  the  character  of  the  squadron  in  question. 
[leaves  the  French  coast  contemporaneously 
|h  the  departure  of  our  diplomatic  agent,  and 
assemblinf;  of  our  Congicss ;  it  arrives  upon 
■coast  at  the  very  moment  that  we  shall  have 
rote  upon  French  affairs ;  and  it  takes  a  posi- 
upon  our  Southern  border — that  border, 
re  all  others,  on  which  we  arc,  at  this  time, 
iiliarly  sensitive  to  hostile  approach. 
'What  have  we  done,  continued  Mr.  B.,  to 
thii  squadron  upon  us  ?    We  have  done 
rong  to  France ;  we  are  making  no  prepa- 
ys against  her ;  and  not  even  ordinary  pre- 
itions  for  general  and  permanent  security. 
I  have  treaties,  and  are  executing  them,  even 
[treaty  that  she  does  not  execute.    We  have 
executing  that  treaty  for  four  years,  and 
say  that  we  have  paid  France  as  much 
er  it  as  we  have  in  vain  demanded  from  her, 
k  first  instalment  of  the  indemnity ;  not, 
ct,  by  taking  money  out  of  our  treasury 
[dcHvering  to  her,  but,  what  is  better  for  her, 
ely,  leaving  her  o^'U  money  in  her^jyn 
's,  in  the  shape  of  diminished  duties  upon 
rines.  as  provided  for  in  this  same  treaty, 
ich  we  execute,  and  which  she  does  not.    In 
[way,  France  has  gained  one  or  two  millions 
ollars  from  us,  besicles  tKe  encouragement 
er  wine  tractcl    On  the  article  of  silks,  she 
piining  money  from  us  in  the  same  way, 
by  treaty,  butljy  law.    Our  discriminating 
in  favor  of  silks,  from  this  side  the  Cape 
3od  Hope,  operate  almost  entirely  in  her 
Our  great  supplies  of  silks  are  from 
England,  and  China.    In  four  years,  and 
Vol,  I.-38  ^  ^         . ; 


a  qiin<-  to  one  million  and  a  i|uartir.  Tins 
iliseriminatiiig  duty  has  left  Ipitwcin  one  anil 
two  iiiillioim  of  dollars  in  the  pockets  of  Fiviich- 
men.liei-idestheeiicoiirageinentti)  the  silk  iiiiinn- 
facture  and  traile.  \\  hy,  then,  has  she  rent  thirt 
squadron,  to  (diserve  us  first,  ami  t..  strike  us 
eventuallv  ?  She  knows  our  paeitic  diMHwitioii 
towards  her,  not  only  from  our  own  words  ami 
action.1,  but  from  the  ofiicial  report  of  her  own 
officers:  from  the  very  ollicer  sent  out  last 
spring,  in  a  brig,  to  cany  back  the  ivculled  min- 


ister.' 

Mr.  Benton  then  went  on  to  charge  the  pre- 
sent state  of  our  affairs  with  France  distinctly 
and  emphatically  upon  the  conduct  of  tho  Sen- 
ate, in  their  refusal  to  attend  to  the  national 
defences — in  their  opposition  to  the  President — 
and  in  the  disposition  manifested  rather  to  pull 
down  the  President,  in  a  party  contest,  than  to 
sustain  him  against  France — rather  to  jdunder 
their  own  country  than  to  defend  it,  by  toking 
the  public  money  for  distribrtiou  instead  of  de- 
fence.   To  this  effect,  ho  said : 

"Ho    had  never   spoken   unkindly   of  tli« 
French  nation,  neither  in  his  place  here,  as 
a  senator,  nor  in  his   private    capacity  else- 
where.   Bom  since  the  American  Revolution, 
bred  up  in  habitual  affection  for  th(3  French 
name,  coming  upon  the  stage  of  life  when  the 
glories  of  the  republic  and  of  the  empire  were 
filling  the  world  and  dazzhng  the  imagination, 
politically  connected  with  the  party  which,  a 
few  years  ago,  wns called  French,  his  bosom  had 
glowed  with  admiration  for  that  people ;  and 
youthful  affection  had  ripened  into  manly  friend- 
ship.    He  would  not  now  permit  himself  to 
speak  unkindly,  much  less  to  use  epithets ;  but 
he  could  not  avoid  fixing  his  attention  upon  the 
reason  assigned  in  thu  Comtiliitionnel  for  tho 
-present  advance  of  the  French  squadron  upon 
us.    That  reason  is  this :  'America  will  have  no 
force  capr.ble  of  being  opposed  to  it.'    This  is 
the  reason.     Our  nakeduess,  our  destitution, 
has  drawn  upon  us  the  honor  of  this  visit ;  and 
we  are  now  to  speak,  and  vote,  and  so  to  demean 
ourselves,  as  men  standing  in  the  presence  of  a 
force  which  they  cannot  resist,  and  which  had 
taught  the  lesson  of  submission  to  the  Turk  and 
the  Arab!    And  here  I  change  the  theme:  I  turn 
from  French  intimidation  to  American  legisla- 
tion ;  and  I  ask  how  it  comes  that  we  have  no 
force  to  oppose  to  this  squadron  which  comes 
here  to  take  a  position  upon  our  bordei  s.  and  to 
show  us  that  it  knows  the  way  to  Wasnington 
as  well  as  the  English  ?     This  is  my  future 


594 


TimiTY  YKAius-  vii:\r. 


thrmp;  nn'l  T  liavo  t'l  pn-wnf  tho  AnuTican  ; 
Senate  n«  i\w  n'.Mpf)nHil)lo  party  for  leavinp  our 
country  in  thi-*  wn-tfhedcnndition.  First,  there 
in  tlie  three  niillloii  B|)i>roprintii>n  whicti  was 
lost  liy  the  opprtsition  of  the  Senate,  ami  which 
carried  down  with  it  thewliole  fortification  hill,  j 
to  whicli  it  was  atlacheii.  That  hill,  besides  the 
throe  millions,  contained  thirteen  specific  appro- 
priations for  works  of  defence,  part  originating 
in  the  House  of  Keprcsentativis,  and  part  in 
the  Senate,  and  appropriating  .^900,000  to  the 
completion  and  armament  of  forts. 

"All  these  specific  appropriations,  continued 
Mr.  H.,  were  lost  in  tho  bill  which  was  sunk  by 
the  opposition  of  tho  Senate  to  the  three  mil- 
lions, which  were  attached  to  it  by  the  House 
of  Uoprosentatircs.  He  (Mr.  B.)  was  not  a 
member  of  tho  conference  committee  which 
hjd  the  di.saprecment  of  the  two  Houses  com- 
mitted to  its  charge,  and  could  go  into  no  detail 
as  to  what  happened  in  that  conference;  he 
took  his  stand  upon  the  palpable  ground  that  the 
opposition  which  the  Senate  mado  to  the  throe 
million  appropriation,  the  spcechea  which  de- 
nounced it,  and  the  prolonged  invectives  against 
the  President,  which  inflamed  the  passions  and 
consumed  the  precious  time  at  the  last  moment 
of  the  SO'  ^ion,  were  the  true  causes  of  the  loss 
of  that  bill ;  and  so  leaves  the  responsibility  for 
the  loss  on  the  shoulders  of  the  Senate. 

"  Mr.  B.  recalled  attention  to  the  reason  demi- 
oflBcially  assigned  in  the  Conatilutionnel.  for  the 
approach  of  the  French  fleet  of  observation,  and 
to  show  that  it  came  because  '  America  had  no 
force  capable  of  being  opposed  to  it.'  It  was  a 
subsidiary  argument,  and  a  fair  illustration  of 
the  dangers  and  humiliations  of  a  defenceless 
position.  It  should  stimulate  us  to  instant  and 
vigorous  action ;  to  the  concentration  of  all  our 
money,  and  all  our  hand.4j  to  tlie  sacred  task  of 
national  defence.  For  himself,  he  did  not  be- 
lieve there  would  be  war,  because  he  knew  that 
there  ought  not  to  be  war;  but  that  belief  would 
have  no  effect  upon  his  conduct.  He  went  for 
national  defence,  because  that  policy  was  right 
in  itself  without  regard  to  times  and  circum- 
gtanoes.  He  went  for  it  now,  because  it  was  the 
response,  and  the  only  response,  which  Ameri- 
can honor  could  give  to  the  visit  of  Admiral 
Mackau.  Above  all,  he  went  for  it  because  h 
was  the  way,  and  tne  only  manly  way,  of  lef/- 
tiag  France  know  that  she  had  committed  a 
mistake  in  sending  this  fleet  upon  us.  In  con- 
clusion, he  would  call  for  the  yeas  and  nays, 
and  remark  that  our  votes  would  have  to  be 
given  under  the  guns  of  France,  and  under  the 
eyes  of  Europe." 

The  reproach  cost  by  Mr.  Benton  on  the  con- 
duct of  the  Senate,  in  causing  the  loss  of  the 
defenioe  bills,  and  the  consequent  insult  from 
France,  brought  several  members  to  their  feet 
in  defence  of  themselves  and  the  body  to  which 
Uiey  belonged. 


"  Mr.  Webster  said  his  duty  wax  t..  m, 
that  neither  in  nor  out  of  the  Senate  tlnri-  ,C^ 
Ih?  any  mistake,  the  eliecl  of  whi<li  hl,oy],j'' 
to  jiriKliice  an  iniprecsion   unfavoraMu  i,r 
prooi-hful  to  tho  character  and  pntrintintnofri 
Americiin  i)eoi)le.    Ho  remembered  the  t.n 
of  that  bill  (thfc  bill  alluded  to  by  .Mr,  \\^l^   , 
tho  incidents  of  its  hi.story,  and  the  r,j|    * 
of  iti  loss.     And  ho  would  satisfy  any  nun  1 
the  loss  of  it  was  not  attributable  to  w\s\ 
ber  or  ofllcor  of  tho  Senate.     He  w,,,,!,] 
however,  do  so  until  tho  Senate  shoiil.!  |, 
have  been  in  tiCBnion  on  executive  biiniin.m 
soon  as  that  took  place,  he  should  iindtn»kM 
show  that  it  was  not  to  any  dereliction  of  d^J 
on  tho  part  of  tho  Senate  that  tlie  loss  „f  ^^ 
bill  was  to  bo  attributed. 

"  Mr.  Preston  of  South  Carolina  naiij  (^ 
senator  had  concurred  in  general  appr  ipmim 
to  put  tho  navv  and  army  in  a  state  of  ,liit« 
This  undefined  appropriation  was  not  the  o 
exception.  Tho  gentleman  from  Missouri  i 
Benton)  had  said  this  appropriation  wis  inu 
ed  to  operate  as  a  permanent  defence,  TIm  i 
ator  from  Missouri  (Mr.  Benton)  had  p^fcn 
a  general  indictment  against  the  Senate  bt(] 
tho  people  of  the  United  States.  It  uai)  stn 
the  gentleman  should  ask  the  departaenitii 
calculations  to  enable  us  to  know  how  ng 
was  necessary  to  appropriate,  when  the  iaf 
mation  was  not  given  to  us  when  wc  met 
the  undeflned  appropriations.  I  ri>joice.  j 
Mr.  P.,  that  the  gentleman  has  galdcnol 
my  fears  there  will  be  no  French  war.  fn 
was  not  going  to  squabble  with  Americj  oil 
little  point  of  honor,  that  might  do  for  dutili 
to  quarrel  about,  but  not  for  nations, 
was  no  reason  why  blood  should  be  pouredn 
like  water  in  righting  this  point  of  honor,  l 
this  matter  was  placed  on  its  proper  hasi).y 
hopes  would  be  lit  up  into  a  blaze  of  confiiJ 
The  President  had  recommended  makin;;  r»3 
sals,  if  France  refused  payment  France  k 
refused,  but  the  remedy  was  not  pursuei  | 
may  be,  said  he,  that  this  fleet  is  merely  m 
to  protect  the  commerce  of  France.  If  tM 
sidont  of  the  United  States,  at  tho  last  sta 
of  Congress,  had  suggested  the  necessity  I 
making  this  appropriation,  wo  would  have  J 
cd  out  the  treasury ;  we  would  have  filleH 
hands  for  all  necessary  purposes.  There  i 
one  hundred  thousand  dollars  apprnpriatedlll 
had  not  been  called  for.  He  did  not  h 
whether  he  was  permitted  to  go  any  fm 
and  say  to  what  extent  any  of  the  dep 
were  disposed  to  go  in  this  matter. 

"  Mr.  Clayton  of  Delaware  was  fiiirpria 
the  suggestion  of  an  idea  that  tho  Am 
Senate  was  not  disposed  to  make  the  net 
appropriations  for  the  defence  of  the  com 
that  they  bad  endeavored  to  prevent  tb(|j 
sage  of  a  bill,  the  object  of  which  wan  to  i 
provision  for  large  appropriations  fur  ourd 
The  senator  from  Missouri  had  gone  into  ilii 
attack  of  the  Senate.  He  (Mr.  C.)  was  notd 


ANNO  183n.     ANDIIKW  JA(  KS«iS.  I'KF>II»KNT. 


5Ud 


•  Hiiiil  hi»  duty  WM  to  uVr  ^. 
tT  out  of  the Sfnatf  tli'n  .t,. vj 
thi'  i-tlV-ot  of  which  hliouiil 
iiDiin.'f'ion   unfavorahlv  i,r 
charat'tiT  ami  patriotiKtii  r,f.v,| 
>.    Hi)  rcini'mUTod  tiic  |,r.-.T, 
'.  hill  alludc'il  to  hy  Mr.  l^nN 
itn  history,  and  the  nal  n 
(I  he  wouM  satisfy  any  nun  u, 
»s  not  nttrihutahle  to  imv- 
of  the  Senate.     He  wnuli  i 
I  until  the  Senate  Hhniild 
iBftion  on  executive  btmimi!*.  , 
(ik  y'Ace,  ho  shouhl  uiidiruli* , 
as  ncjt  to  any  dereliction  nf  ii,jj 
the .  Senate  that  the  loss  of  i| 
attributed. 

in  of  So»ith  Carolina  fai'l  n 
incurred  in  general  ajjpr  )j]mti 
•y  and  army  in  a  state  of  iklti 
il  appropriation  was  not  the 
he  gentleman  from  Missouri  (! 
jaid  this  appropriation  was  ini 
as  a  permanent  defence,    The 
isouri  (Mr.  Benton)  had  p^ft.. 
ictment  against  the  Senate  Wj 
the  United  States.   It  was  stni 
n  should  ask  the  dcpartn,«nu, 
to  enable  us  to  know  how  m 
ry  to  appropriate,  ^hen  the  ii' 
not  given  to  us  when  wc  rtji 
id  appropriations.     I  rejoice. , 
t  the  gentleman  has  saidewi 
Uwill  be  no  French  war.  Fm, 
ag  to  squabble  with  America  oi 
)f  honor,  that  might  do  for  dutP" 
ibout,  but  not  for  nations.  T. 
on  why  blood  should  be  poured 
n  righting  this  point  of  honor, 
was  placed  on  its  proper  basiil 
1  be  lit  up  into  a  blaze  of  confii*- 
»nt  had  recommended  makin; 
ince  refused  payment    France 
the  remedy  was  not  pursuwL 
i  he,  that  this  fleet  is  merely  coi 
he  commerce  of  France.   If  the 
le  United  States,  at  the  kst   _ 
58,  had  suggested  the  ncccsity 
s  appropriation,  we  would  ha«  ^ 
treasury;  we  would  have  filled 
all  necessary  purposes.   Then' 
ed  thousand  dollars  appropnatedi 
ieen  called  for.    He  did  not  1= 
e  was  permitted  to  go  any  ft 
.  what  extent  any  of  the  dcwf 
jsed  to  go  in  this  matter, 
lavton  of  Delaware  was  Rurpi 
istion  of  an  idea  that  the  Ai 
18  not  disposed  to  make  the  ne 
tionsfor  the  defence  of  the  co. 
had  endeavored  to  prevent  the 
bill  the  object  of  which  was  to  i 
for  large  appropriations  for  ourde 
tor  from  Missouri  had  gone  into « 
the  Senate.  HeCMr.O.)wMnot^ 


uranr  thing  further  of  tho  pvont*  of  the  Iniit 
,^t  of  the  HP-'Kion.     Hf  took  orcawinn  to  nny 
I  "..'.ff  weri-  other  iimttrrH  in  r«'riiif.»'oii  wiUi  thJM 
*  ,pri;iti()ii.     Hcfon-  any  (lopr»rtim-nt  or  any 
f   nil  I'f  the- 'i''"iini>'tmfion  had  imincij  an  «p- 
K'rigiinn  PT  iil'-nrc,  lie  made  the  motion  to 
K,p,p,iatr  tive  hundred  thoiisan<l  d(dlarn.     It 
I    «(in  hi'<  motion  that  the  Committee  on  Mili- 
lurv  Xffairsmade  the  appropriation  to  incriwe 
,V  fi.rtillrntions.     Acttiat.<l  by  the  very  oaine 
ImtiTon  which  indticed  him  to  move  that  appro- 
Lmtion,  he  had  move<l  an  additional  apjiropria- 
[Ln  to  Fort  Delaware.    The  motion  was  to  in- 
Ifrnv*  ''!<'  Koventy-flve  thouKond  to  one  hundred 
Lid  tiftv  thousand,  and  elicited  a  protracted  de- 
lUti',    'ri'"  "'^"^  question  was,  whether,  in  the 
uniral  hill.  A^c  hundred  thonsaml  dollars  should 
L  nppMpriated.     He  recollected  the  honorable 
(hairman  of  the  Committee  on  Finance  told 
Eh'tn  there  was  an  amendment  Iwfore  that  com- 
Litoe  of  fimilar  tenor.    As  chairman  of  the 
'Hmmittceon  Militory  Affairs,  he  felt  disinclined 
)  pa-  it  up.   The  amendment  fell  on  the  single 
rrmnil  by  one  vote,  that  the  Committee  on 
Finnnre  had  before  it  the  identical  proposition 
piili'  hy  the  Committee  on  Military  Affairs.    He 
)ri|icale^  to  the  country  whether,  tmder  those 
Iministances,  they  were  to  be  arraigned  before 
.  people  of  the  country  on  a  charge  of  a  want 
f  patriotism.    He  had  always  felt  deeply  ofl'ect- 
1  when  those  general  remarks  were  made  im- 
kmm?  the  motives  of  pa'> .  iotism  of  the  sena- 
te,  He  was  willing  to  gc  as  far  a.s  ho  who 
«s  farthest  in  making  appropiiations  for  the 
itional  protection.     Nay,  he  would  be  in  ad- 
Cnce  of  the  administration." 

Mr.  Benton  returned  to  his  charge  that  the 

fcfence  bills  of  the  last  session  were  lost  through 

E conduct  of  the  Senate.    It  was  the  Senate 

Ihich  disagreed  to  the  House  amendment  of 

!  millions  to  the  fortification  bill  (which  it- 

|lf  contained  appropriations  to  the  amount  of 

0,000);  and  it  was  the  Senate  which  moved 

'•adlicre"  to  its  disagreement,  thereby  adopt- 

:  the  harsh  measure  which  so  much  endan 

!  legislation.    And,  in  support  of  his  views, 

ksaid! 

1^  The  bill  died  under  lapse  of  time.    It  died 
»use  not  acted  upon  before  midnight  of  the 
;  day  of  the  session.     Right  or  wrong,  the 
I'ion  was  over  before  the  report  of  the  con- 
ies could  be  acted  on.    The  House  of  Repre- 
kutives  was  without  a  quorum,  and  the  Sen- 
Was  about  in  the  same  condition.    Two  at- 
ppts  in  the  Senate  to  get  a  vote  on  some 
ntmg  moved  by  his  colleague  (Mr.  Linn), 
i  both  lost  for  want  of  a  quorum.    The  ses- 
I  then  was  at  an  end,  for  want  of  quorums, 
{ether  the  legal  right  to  sit  had  ceased  or  not! 
■  "1  was  not  rejected  cither  in  the  House  of 
^seatatives  or  in  the  Senate,  but  it  died  for 


want  of  artion  upon  if  i  and  that  artton  waiiprr* 
vented  by  want  o)  time.     .Now ,  wliow  fjiiill  wn« 
it  that  tliire  wan  no  tunc  lift  inr  »<iin>r  on  liir 
n-pfirt  of   the  iiit.f.rriK  f      Hint   wn«  thf  trii" 
((Mention, atid  tin.  niHWcr  to  it  woiilij  xhow  whin- 
the  fault  lay.      Tlii^  ikii«wi'r  is  an  rjrar  a.H  mid- 
day, though  the   truMHiwtioii  t<Nik   |iliiii«  in   tlm 
flarkneHS  of  nii(lnii;lit,    Il  wnt  ih..  ,v,.iiat<' I  The 
bill  riwiic  to  the  SvunU'  in  riiil  tinn'  to  have  Ueii 
aeU-d  uiMm,  if  it  had   Ixtn  trcniid  an  all  bilU 
muHt  be  treated  that  are  iiitttidcd  to  U>  |MtHi«t'd 
in  the  last  hourn  of  the  KCN-inn,     It  jh  no  limu 
for  si)eaking.     All  s|Rttking  is  tlnii  latal  to  billn, 
ond  equally  fatal,  whether  for  or  iitraiiiHt  llicin. 
Yet,  what  was  the  conditrt  of  the  .Senate  with 
res|)ect   to   this    bill  t      Meinlx-rH  coinnu-nccd 
speaking  upon  i»  with  vehenuiice  and  |ieri«(ver- 
nnce,  and  continui'd   at  it,  one  after  another. 
These  speeche.s  >vii('  fatal  to  the  bill.     'Ihiy 
were  nuniefoiis,  and  conHiiiiied  much  time  to 
deliver  them.    They  wi're  eriminative,  and  pro- 
voked replicH.    They  ilenouneed  the  I'nHiii'ut 
without  measure ;  and,  by  implication,  the  HoiiKe 
of  Representatives,  which  suntaiiied  hiiu.     They 
were  intemperate,  and  destroyeil  the  temjH'r  of 
others.    In  this  way  the  precious  time  wos  con- 
sumed in  which  the  bill  might  have  lieen  acted 
upon ;  and,  for  want  of  which  time,  it  is  lont. 
Everyone  that  made  a  speech  hel|)ed  to  destroy 
it;  and  nearly  the  whole  bo<ly  of  the  opjiositioii 
spoke,  and  most  of  them  at  much  length,  and 
with  unusual  warmth   and  animatiim.    So  cer- 
tain was  lie  of  the  ruinoim  ettect  of  this  speak- 
ing, that  ho  himself  never  opened  his  moiitii  nor 
uttered  oiio  word  upon  it.    Then  mine  the  futul 
motion  to  adhere,  the  etfect  of  which  was  to 
make  bad  worse,  and  to  destroy  tlio  last  chance, 
unless  the  IIouso  of  HeprcsentativeH  had  hum- 
bled itself  to  ask  a  conference  from  the  Senate, 
The  fatal  effect  of  this  motion  to  adhere,  Mr.  11. 
would  show  from  Jelferson's  Manual ;  and  read 
as  follows :    '  The   regular  progression  in  this 
case  is,  that  the  Commons  disagree  to  the  amend- 
ment; the  Lords  insist  on  it;    the  Cummuns 
insist  on  their  disagreement.;  the  Lords  adhere 
to  their  amendment;  the  (commons  adhere  to 
their  disagreement ;  the  term  of  insisting  may 
be  repeat^  as  often  as  they  choose  to  keep  the 
question  open ;  but  the  first  adherence  by  either 
renders  it  necessary  for  the  other  to  recede  or 
to  adhere  also ;  when  the  matter  is  usually  suf- 
fered to  fall.    (10  Grey,  148.)    Latterly,  how- 
ever, there  are  instances  of  their  having  gone  to 
a  second  adherence.   There  must  l)o  an  absolute 
conclusion  of  the  subject  somewhere,  or  other- 
wise transactions  Iwtwecn  the  Houses  would  be- 
come endless.   (.'J  Hatsoll,  208  270.)    The  terra 
of  insisting,  wo  are  told  by  Sir  John  Trevor, 
was  then  (1078)  newly  introduced  into  parlia- 
mentary usage  by  the  Lords.  (7  Grey,  94.)    It 
was  certainly  a  happy  innovation,  as  it  multi- 
plies the  opportunities  of  trying  modifications, 
which  may  bring  the  Houses  to  a  concurrence. 
Either  House,  however,  is  free  to  pass  over  the 
term  of  insisting,  and  to  adhere  iu  the  first  iu* 


r/.w, 


TIIIUTY  YEAIW  VIEW. 


Ktiiiift'.  (10  (iriv,  I  Hi.)  Hut  it  i.'*  not  rtxixct- 
|iil  l>.  the  iiilur.  In  Ihi'  •inliiiiiry  |arliutiii'iitury 
f  Hiifc,  ilii'Tc  arc  two  free  ("(nitiTi'iU'i'^  ut  li-iiMl 
lii'f'tri'  nil  (KlhcnriiT.     ( 10  (in-y,  I  ♦"■) ' 

"Tlii.'*  in  till-  r(');iilikr  pro^fn'Msiiui  iiitlit'  rase  of 
Kriu'iirliiu'iits.  uiul  tliiTc  urv  live  h(i'|in  in  it.  1. 
'Ik  ii^rrt't'.  '2,  To  fliKiiirri'c.  .'!.  'I'd  ruTili-.  4. 
'I'o  inHi^t.  .1.  To  mlln'n'.  Of  tlu'M'  live  stcim 
iiilli*rrn<(>  is  tlu!  liiKt,  ami  yi't  it  wiih  tlio  liiMt 
ifliiptt'd  l»y  tlii<  .Seniiti'.  'I'lu'  vtUct  of  iti4  mlop- 
tion  wi\*,  in  piirlinincntary  UfinKO,  to  put  nn  rn<l 
t'l  tlie  tniitt*'!'.  It  was,  by  tlio  law  of  I'urlia- 
iiit-nt,  a  (iJHii'sjK'Ct  to  tilt!  lloiim>.  No  confcivnce 
wii-t  t'vi'ii  aski'd  liy  till'  ^t'liate  oftcr  the  ndliiT- 
tiici'.  aitli('ii;.'h.  Iiy  till'  parliaiiii'iitary  law.  tliorL- 
oii(;lit  to  Imvt'  Ik'C'11  two  frt'u  coiifuiTuccH  at  loHHt 
lu'lbro  the  adiiorence  wan  voti'd.  All  thiB  wan 
fully  Rtattrl  to  tliu  St;nate  that  nifjlit,  ond  bo- 
liiro  tho  <|U('.xtion  to  adhere  was  put.  It  was 
fully  Ktatfd  by  you,  Hir  fsaid  Mr.  1?.,  adilrosBinR 
liiniself  to  Mr.  Kiii^,  of  Alabama,  who  was  then 
in  till)  Vice-PrfBi(k'nt'.><  chair).  This  vote  to 
adhere,  coupled  with  the  violent  8pceche.'^,  dc- 
iiounciiifj;  the  President,  and,  by  implication, 
reiisurinn  t''"  House  of  HeprcHentatives,  and 
coupled  with  tho  total  omiitsion  of  the  Senate  to 
ask  for  a  conference,  seemed  to  indicate  a  fatal 
purpose  to  destroy  tho  bill ;  and  lost  it  would 
have  been  npon  the  spot,  if  tho  llougo  of  Uepre- 
Hi-ntatives,  fctrnettiiip;  tho  di-^respect  with  which 
it  had  been  treated,  and  pa>.sing  over  tho  cen- 
sure impliedly  cast  upon  it,  had  not  humbled 
itself  to  come  and  ask  for  a  conference.  The 
House  humbled  itself;  but  it  was  a  patriotic  and 
noljlo  humiliation;  it  was  to  serve  their  coun- 
try. The  conference  was  granted,  and  an  amend- 
ment was  agreed  upon  by  the  conferees,  by 
which  tho  amount  was  reduced,  and  tho  sum 
divided;  and  ^300,000  allowed  to  the  military, 
and  ,^500,000  to  the  naval  service.  This  was 
done  at  last,  and  after  all  the  irritating  speeches 
and  irritating  conduct  of  the  Senate ;  but  the 
jirecious  time  was  gone.  Tho  hour  of  midniyht 
was  not  only  come,  but  members  were  dispersed ; 
quorums  were  unattainable ;  and  tho  bill  died 
for  want  of  action.  And  now  (said  Mr.  B.)  I 
return  to  my  question.  I  resume,  and  maintain 
my  position  upon  it.  I  ask  how  it  carae  to  pass, 
if  want  of  siiecification  was  reafly  tho  objection 
— how  it  canio  to  pass  that  the  Senate  did  not 
do  at  first  what  it  did  at  last  ?  Why  did  it  not 
amend,  by  tho  easy,  natural,  obvious,  and  par- 
liamentary process  of  disagreeing,  insisting,  and 
a.sking  for  a  committee  of  conference  ? 

''  Air.  B.  would  say  but  a  word  on  the  new 
calendar,  which  would  make  tho  day  begin  in 
tho  middle.  It  was  sufticient  to  state  such  » 
conception  to  expose  it  to  ridicule.  A  farmci- 
would  bo  sadly  put  out  if  his  laborers  should  re- 
fuse to  como  imtil  mid-day.  Tho  thing  was 
rather  too  fanciful  for  grave  deliberation.  SuflSce 
it  to  say  there  are  no  fractions  of  days  in  any 
calendar.  There  is  no  three  and  ono  fourth, 
three  and  one  half,  and  three  and  three  fourths 
•f  March,  or  any  other  month.    When  one  day 


rndu,  another  Wgins,  and  midnight  i^  thi"  tii~ 
iiig  |N)int  iKith  ill  law  and  in  prncti<v.    .\||,,, 
laws  of  the  loAt  day  are  dated  the  ',',i\  iif  M,;rf 
and,  in  jioiiit  of  fact.  <'<iiigrcss,  for  (■\(.rv  |».l 
llcinl  piirpoM*,  i>i  dissolved  at  niidni'.'ht.'  M,,. 
memlHTH  will  not  art,  and  go  a\vi\y ;  ^n^]  . , 
was   the  practice  of  tho  vciieralile  Mr.  Xi., . 
of  .North  Carolina,  who  alwav'*  aeicci  pri. 
as  I'lesident  .lacksou  diil.     lie  |mt  o,,  .  ,^ , 
and   went  away  at  midnight ;    In    went  »», 
when  his  own  watch  told  him  it  was  niKlnii 
after  which  ho  In-lieved  ho  had  no  aiithoniVi 
ant  as  a  legislotor,  nor  tlio  Senate  to  inakc  |,- 
act  as  hucli.      'I'his  was    I'ri'sideiit  .Ia<k<(;i| 
course.     He  stayed  in  tho  Cajtifol  until  »mii^,. 
ter  after  on*',  to  sicn  all  the  bills  which  r.. I 
gross  should  pass  before  midnight.    IK'  miv^,l 
until  a  majority  of  t'ongri'ss  was  gone, nnlo'i. 
nims  unattainable,     lie  stayed  in  the  Cuti:!,; 
in  a  room  convenient  to  the  Senate,  to  act  <m\ 
every  thing  that  was  sent  to  him,  ami  (liilnj 
have  to  Iw  waked  up,  as  Washington  n<  i| 
sign  after  midnight;  a  moat  unf.)iiuimlcM,.J 
enco  to  Washington,  who,  by  goim;  to  lie], J 
midnight,  showed  that  ho  considered  tiic  l|i|.;.| 
nesa  of  tho  day  ended  ;  and  bv  getlinj;  up  tiA 
putting  on  his  night  gown,  and    '^niiiK  a  MliJ 
two  o'clock  in  tho  morning  of  the  4tli.  snwHl 
that  he  would  sign  at  that  hour  what  liiui  pa„J 
before  midnight ;  and  docs  not  that  act  fjfir| 
date  tho  3d  of  March  7 

Mr.  Webster  earnestly  defondcd  tliu  Seni'«'i| 
conduct  and  his  own ;  and  said : 

"  This  proposition,  sir,  was  thus  iincxt«te(ilt| 
and  suddenly  put  to  us,  at  eight  o'clock  in  ilx 
evening  of  the  last  day  of  the  session.  I'muiaU 
unprecedented,  extraordinary,  as  itohviouslji^ 
on  the  face  of  it,  the- manner  of  presenting  itV 
still  more  extraordinary.  The  Prcsi(]<;ntl 
asked  for  no  such  grant  of  money ;  no  depirJ 
mont  had  recominendod  it ;  no  estimate  luif 
suggested  it ;  no  reason  whatever  wiLsgivciiM 
it.  No  emergency  had  happened,  and  notiiiJ 
new  had  occurred ;  every  thing  known  to  tj 
administration  at  that  hour,  re.spccting  ourll 
reign  relations,  had  certainly  been  knovrn  lo  i| 
for  dayig  and  for  weeks  before. 

"  With  what  propriety,  then,  could  the  Scni 
be  called  on  to  sanction  a  proceeding  so  cntird 
irregular  and  anomalous?    Sir,  I  recollect  I 
occurrences  of  tho  moment  very  well, and! n 
member  the  impression  which  this  vote  of  tlj 
House  seemed  to  make  all  around  the  Sen 
We  had  just  come  out  of  executive  session;  i 
doors  were  but  just  opened;  and  I  hardlm 
member  whether  there  was  a  single  fpi'Ctt 
in  the  hall  or  the  galleries.    I  had  been  it  li 
clerk's  table,  and  had  not  reached  my  seats 
the  message  was  read.    All  the  senatorei 
in  the  chamber.    I  heard  tho  message  eertaiJ 
with  great  surprise  and  astonishment ;  luij 
immediately  moved  the  Senate  to  disagref 
this  vote  of  the  House.    My  relation  to  tiies 


ASNO  \%M.    ANDRKW  JACKSOX.  rnn*ir»FNT 


507 


rln«,  an'l  nii<lni(rlit  i<  thf  tn~. 
I  liiw  ami  in  |iriu'ti«v.  Ail.;. 
lay  nru  tlutitl  tlic  :'.<l  of  Myr^, 
fiwl.  Conjin-xM,  fur  cmtv  I.-,. 
(|ii«<u)lv('<l  At  luiilni'.'ht.'  M,  t 
)t  iirt.  iiml  P')  nwtiy ;  nii'l  -r, 
I.  (pf  til"  vtiiiTiklili'  Mr.  Mvif 
im,  wii>'  »lw«vi  aitcil  |in~  ^, 
t('k»"i»  "li'l-     '''■  I'"t  <>'i '  <h«| 

■  nt  ini'lninlit ;  In  went  »»,, 
■atrh  ti>lil  liii"  it  wan  inuliii;  •, 
l>clievftl  lie  Imil  no  luithoruw, 
or,  nor  tlw  Senate  tn  m.ike  |.-| 
Tliin  wftH  I'n'sifii'iit  .laikvr 
yvtd  in  tl»o  Cttpitol  tintiU(iiuf. 
(  wiun  all  the  ItilU  wliich  (  a- 
Kfl  i)i'foro  mitlninlit.  llf  iitjv(,i| 
'  of  t'ongresH  wiih  (;on«, ati'l (ii-. 
Ilk'.  Ho  stayctl  in  the  C«|iihI 
i-nieut  to  the  tSenivto,  to  art  iif«,"|l 
at  wurt  Bent  to  hini.  iiml  diil  ti'ij 
ked  up,  a>i  WiiHhinjitnn  wn,  t, 
niplit ;  a  inoat  unl'oituimtc  i\f,r.| 
npton,  who,  by  jroin:,'  tutMiliJ 
irt'd  timt  ho  consideri'd  the  Im-J 
y  ended  ;  and  hv  pi'ttini;  up  uj 
nipiit  Rown,  and  '^niiii;  a  lull  uj 
tiio  niorninp  of  tlio  4tli.  s.mneil 

Bipn  at  that  lionr  what  Iwl  imI 
ht ;  and  does  not  that  act  l^ir| 
March? 

>r  earnestly  defondcil  the  Seni'Vi| 
lis  own ;  and  said : 

osition,  Bir,  was  thus  nncxmlcillJ 
put  to  us,  at  eipht  o'clock  imli 
« last  day  of  the  session.  Umiiol 
1,  extraordinary,  as  itobviousljii 

■  It,  the- manner  of  presenting  it « 
ttraordinary.  The  President! 
such  grant  of  money ;  no  dop 
!comuiended  it;  no  estimate 

no  reason  whatever  wasgiTmM 
wency  had  happened,  and  nottiii 
irred }  every  thinp  known  to  ikj 
m  at  that  hour,  respecting  ourfJ 
ns  had  certainly  been  knoivntoif 

for  weeks  before, 
lat  propriety,  then,  could  theSfHi 
to  sanction  a  proceeding  so  entin 
d  anomalous  1    Sir,  I  recollect « 
of  the  moment  very  well,  andlj 

impression  which  this  vote  of  tl 
led  to  make  all  around  the  Sen* 
;  com>  out  of  executive  session; « 
but  just  opened;  andlhardirr 
lether  there  was  a  sin-ilc  fm 
or  the  galleries.  I  had  bccnata 
•  and  had  not  reached  my  seat » 
s'was  read.  All  the  senator!  i 
iber.     I  heard  the  message  cerl 

surprise  and  astonishment; udj 
y  moved  the  Senate  to  disagmP 
r  the  House.    My  relation  to  tbesi' 


„.,_  in  roni«c<i"<'nc«'  of  inr  ronncction  with  tht> 
(■,,nimill>'»'  ""  ^'•l'a""■•  madf  it  my  duly  to  |in»- 


t. 


t:i 


nw  iN'iiie  oMir-c,  and  I   hail  n<it  a  nioincnl'-i 

:  jlit  rif  lu'Hitatiou  what  tliiit  eourf-e  iiu;iht  to 

I  tiH)k  ii|H)n  mywlf,  tlifii.  sir,  the  ns|><)n^i- 

i. ntv  <if  nii'viiip  that  llii-  .*^<nati'  "lioojil  ili-inirrt'c 

t,)  till*  *"'''<  •*'"'  '  ""**'  ■''l*''"'wl<'dt.'e  tiwit    riH- 

nmiiliility.     It  niiplit  Iks  pre.HiiniiitnouM  t<»  hj»v 

l.4l  1  tixik  a  leading  part,  but  I  ocrluiidy  took 

earlv  [wrt.  a  decidt'il  part,  and  an  i':irneHt 

.  ,f,,  innJiTtiiifC  this  broad  prnut  of  tlin-f  inil- 

ij„.|j  (if  (icilliirs,  witltoiit  limitation  fif  [nirpo.so 

,"f  fpccilication  of  obje<'t;  called  for  by  no  n- 

dmmi'ivlation,  fonmled  on  no  estiinati-,   made 

linwsary  by  no  ftato  of  things  which  was  made 

Knnnn  to  I'lS.     Certainly,  sir,  I  took  a  part  in 

iii  n'jcction  ;  and  I  stand  lu-re,  in  my  place  in 

I  the  Senate,  to-day,  ready  to  defend  the  part  so 

lukcn  liy  me;  or  rather,  sir,  I  disclaim  nil  <U- 

|f,„rt', and  all  occiusion  of  defence,  and  I  assert 

I i:  a<  mTitorioua  to  have  l)een  atnouK  those  who 

lamstoilat  the  earliest  moment,  this  oxtraordi- 

Inin-  dt'iiarturo  from  all  settled  usupo,  and,  as  I 

liiiiiik,  from  plain  constitutiimal  injunction — this 

.jkllnite  votin};  of  a  vast  sum  of  money  to  mere 

|c\c<'utivo   di.xcretion,   without    limit    assipned, 

Kithoiit  object  sjwciflod,  without  reason  piven, 

land  without  the  least  control  tmder  heaven. 

•Sir,  I  am  told  that,  in  opposing  this  prant,  I 

Ifpflke  witli  warmth,  and  I  suppose  I  nmy  have 

Id  ROM).    If  I  dill,  it  was  a  warmth  sprinjrinp 

rora  as  honest  a  conviction  of  duty  as  ever  in- 

(lueneed  a  public  man.     It  was  spontaneous, 

Latiectcd,  sincere.    There  had  been  anionp  us, 

|ir,  no  consultation,  no  concert.     There  could 

Brel)cen  none.    Between  the  reading  of  the 

nc'ssajic  and  my  motion  to  disagree  there  was 

tot  time  enough  for  any  two  members  of  the 

bate  to  exchanp;o  five  words  on  the  Rubject. 

(proposition  was  sudden  and  perfect  I'    tir>- 

spectcd.    I  resisted  it^^as  irregular,  as  djinsier- 

ws  in  itself,  and  dangerous  in  its  preodent.  rs 

khoiiy  unnecessary,  and  as  violating  tl»e   .ilain 

ptcntion,  if  not  the  express  words,  of  thir  con- 

titution.    Before  the  Senate  I  then  avowvd,  and 

iefore  the  country  I  now  avow,  »ny  part  in  this 

Ipposition.    Whatsoever  is  to  fall  on  those  who 

motioned  it,  of  that  let  me  have  my  full  share. 

^  The  Senate,  sir,  rejected  this  grant  by  a  vote 

Jftwenty-nine  against  nini't;.'en.     Those  twenty- 

|ne  names  are  on  the  journal ;  and  whensoever 

:  expunging  process  may  commence,  or  how 

r  soever  it  may  be  carried,  I  pray  it,  in  mercy, 

^t  to  erase  mine  from  that  record.    I  beseech 

I  in  its  sparing  goodness,  to   leave  me  that 

of  of  attachment  to  duty  and  to  principle. 

Iraay  draw  around  it,  over  it,  or  through  it, 

■ck  lines,  or  red  lines,  or  any  lines ;  it  may 

irk  it  in  any  way  which  either  the  most  pros- 

and  fantastical  spirit  of  man-worship,  or 

e  most  ingenious  and  elaborate  study  of  self- 

padation  may  devise,  if  only  it  will  leave  it 

[that  those  who  inherit  my  blood,  or  who  may 

rcaftcr  care  for  my  reputation,  shall  be  able 

llchold  it  where  it  now  stands 


"•The  Hnii*«',  nir,  in«i<tiH|  on  thin  amendment 
Till'  .<.n:ile  ndbend  to  iIh  di-<ni:nrm.iit.      jl,.- 
Ilou^e  nnlvid  a  ei>nler«ii<i'.  to  u  Im  b  n'lue^t  Mi* 

.*»iiiiite  imim><liately  ae.-.NJrd.   The  committ ..i' 

colli;  reiic,.  n„t,  and,  ill  a  sl.ort  time,  nuv  to  no 
a','r>einent.  'jhey  n;:ried  I.,  nrt.miiitn.l  tolbeir 
rts|eetive  l|iin<ie'<.  its  u  M<il>«li(iitf  for  the  T"l" 
pro|i«)H.d  by  tile  House,  till-  t'..llMwiiiir: 

'•  •  ,\s  an  additional  a|.],ropii:iii,)ii  f<,r  arnni.; 
the  fortilleations  of  llie  I  niti.  j  States,  tdrv 
hundred  thousand  dollar*.' 

"  As  an  additional  appropriation  fir  the  re- 
pair and  eijiiipmenl  <<(  «lii|is  i.f  war  of  the  l  nited 
.States,  five  hundred  tlioii-aiid  dollars.' 

'•  I  immediately  n'|»)rted  this  apn  <iiieiit  of  t»  .< 
eommittees  of  eonCereiiee  to  the  ."ieliate ;  but, 
inasiiuK'h  as  tin-  bill  wa.s  in  the  House  of  lie- 
preseiitatives.  tlie  Senate  could  not  act,  furlber 
on  the  matter  until  the  lloii-e  should  (ii-st  have 
considered  the  rejiort  of  the  committees,  de- 
cide>l  thereon,  and  sent  us  the  bill.  I  did  not 
my.self  take  any  note  of  the  partieular  hour  of 
this  part  of  the  transaction.  The  honor.ible 
member  from  Virginia  (.Mr.  Leigh)  says  be  con- 
sulted his  watch  at  the  time,  and  he  knows  tliil 
I  had  come  from  the  conference,  and  was  in  inv 
seat,  nt  a  quarter  |iast  eleven.  I  have  no  re.ison 
to  think  that  ho  is  under  any  mistake  in  this 
particular.  He  says  it  so  hap|ientMl  that  he  bad 
occasion  to  take  notice  of  the  hour,  and  wi  11 
remembers  it.  It  could  not  well  have  been 
later  than  this,  as  any  one  will  bo  satislied  who 
will  look  at  our  journals,  public  and  executive, 
and  see  what  a  nujss  of  business  was  dispalcli'd 
after  I  came  from  the  committees,  and  beibie  the 
adjournment  of  the  .Senate.  Havin;;  made  the 
report,  sir,  I  had  no  doubt  that  both  Houses 
would  concur  in  the  result  id"  the  coiireieiicc, 
and  'ookcd  every  moment  li)r  tlio  oflicer  of  the 
Hoii.so  bringing  the  bill.  He  did  not  eoiiie, 
however,  and  I  pretty  soon  learned  that  there 
was  doubt  whether  the  committee  on  the  part 
of  the  House  would  report  to  thu  lIou,«e  the 
agreement  of  the  conferees.  At  lirst  I  did  not 
at  all  credit  this  ;  but  it  w.as  confirmed  by  one 
communication  after  another,  until  I  was  oblipeil 
to  think  it  true.  .Seeing  that  the  bill  was  thus 
in  danger  of  being  lost,  and  intending,  at  an}' 
rate,  that  no  blame  should  justly  attach  to  the 
Senate,  I  immediately  moved  the  following  reso- 
lution : 

"  ^  Jiasnlreil,  That  a  mes- ere  be  .fcnt  to  tho 
honorable  the  Housi-  of  Reimscntativcs, respect- 
fully to  remind  the  House  •  f  the  report  of  tho 
committee  of  conference  aj  point«;d  on  the  dis- 
agreeing votes  of  the  two  II  mses  on  the  amend- 
ment of  the  Hou.ie  to  the  amendment  of  tho 
Senate  to  the  bill  respecting  the  fortifications 
of  the  United  States.' 

"  You  recollect  this  resolution,  sir.  having,  as 
I  well  remember,  taken  some  part  on  the  occa- 
sion. 

"  This  resolution  was  promptly  passed  ;  the 
Secretary  carried  it  to  the  House,  and  delivered 
it     What  was  done  in  the  House  on  the  receipt 


598 


TJIIRTY  YEARS'  VIEW. 


of  this  inPHsape  now  appears  from  the  printed 
joiiriml.  I  have  no  wish  to  cuiiiment  on  the 
jjroceedinps  there  recorded — all  may  read  them, 
and  each  Ijc  able  to  form  his  own  opinion.  Suf- 
fica  it  to  say,  that  the  House  of  Ucpresentatives, 
iiaving  then  possession  of  the  bill,  chose  to  rtt- 
tain  that  possession,  and  neve^  acted  on  the 
report  of  the  committee.  The  bill,  therefore, 
was  lost.  It  was  lost  in  the  IIou.se  of  llepre- 
sentatives.  It  died  there,  and  there  its  remains 
are  to  be  found.  No  opportunity  was  given  to 
the  members  of  the  House  to  decide  whether 
they  would  agree  to  the  report  of  the  two  com- 
mittees or  not.  From  a  quarter  past  eleven, 
when  the  report  was  agreed  to  by  the  commit- 
tees, until  two  or  three  o'clock  in  the  morning, 
ti»e  House  remained  in  session.  If  at  any  time 
there  was  not  a  quorum  of  members  present, 
the  attendance  of  a  quorum,  we  are  to  presume, 
might  have  been  commanded,  as  there  was  un- 
doubtedly a  great  majority  of  the  members  still 
in  the  city. 

"  But  now,  sir,  there  is  one  other  transaction 
of  the  evening  which  I  feci  bound  to  state,  be- 
cause I  think  it  quite  important,  on  several  ac- 
counts, that  it  should  be  known. 

"  A  nomination  was  pending  before  the  Se- 
nate, for  a  judge  of  the  Supreme  Court,  In 
the  course  of  the  sitting,  that  nomination  was 
called  up,  and,  on  motion,  was  indetinitely 
postponed.  In  other  words,  it  was  rejected; 
for  an  indefinite  postponement  is  a  rejection. 
The  office,  of  course,  remained  vacant,  and  the 
nomination  of  another  person  to  fill  it  became 
necessary.  The  President  of  the  United  States 
was  then  in  the  capitol,  as  is  usual  on  the  even- 
ing of  the  last  day  of  the  session,  in  the  cham- 
ber assigned  to  him,  and  with  the  heads  of 
departments  around  him.  When  nominations 
ai-e  rejected  under  these  circumstances,  it  has 
been  usual  for  the  President  immediately  to 
transmit  a  new  nomination  to  the  Senate ; 
otherwise  the  office  must  remain  vacant  till  the 
next  session,  as  the  vacancy  in  such  case  has 
not  happened  in  the  recess  of  Congress,  The 
vote  of  the  Senate,  indetinitely  postponing 
this  nomination,  was  carried  to  the  President's 
room  by  the  Secretary  of  the  Senate.  The  Pre- 
sident told  the  Secretary  tliat  it  was  more  than  i 
an  hour  past  twelve  o'clock,  and  that  he  could 
receive  no  further  communications  from  the  Se- 
nate, and  immediately  after,  as  I  have  under- 
stood, left  the  capitol.  The  Secretary  brought 
back  the  paper  containing  the  certified  copy  of 
the  vote  of  tho  Senate,  and  indorsed  thereon 
the  substance  of  the  President's  answer,  and  1 
also  added  that,  according  to  his  own  watch,  it 
was  a  quarter  past  one  o'clock," 

This  was  the  argument  of  Mr.  Webster  in 
defence  of  the  Senate  and  himself;  but  it  could 
jiot  alter  the  facts  of  the  case — that  the  Senate 
disagreed  to  the  House  appropriation — that  it 
adhered  harshly — tliat  it  consumed  the  time  in 


elaborate  speeches  against  the  President— a-  < 
that  the  bill  was  lost  uiwn  lapse  of  tiim-  ,;^ 
existence  of  the  Congress  itself  expiring  « ^ , 
this  contention,  began  by  the  Stnate,  r,, 
going  on, 

Mr,  Webster  dissented  from  the  newdoctrim 
of  counting  years  by  fractions  of  a  dav  a.* 
thing  having  no  plara  in  tlio  coustilaiion. ,;, 
law,  or  in  practice ; — and  which  nas  Ijc.jli, 
impracticable,  and  said : 

"There  is  no  clause  of  the  com^ti'iition,  t,,  i 
is  there  any  law,  which  doclarcs  that  tlii;  u-^ 
of  office  of  members  of  the  House  of  Papn!. 
sentatives  shall  expire  at  twelve  o'clock  at ni^Lt  I 
on  the  3d  of  March,    They  are  to  hoM  fur  t"i , 
years,  but  the  precise  hour  for  the  coniiiKms^ 
ment  of  that  term  of  two  years  is  nowbtr. 
fixed  by  constitutional  or  legal  provision.  It 
has  been  established  by  usage  and  by  inftrvr/y 
and  very  properly  established,  that,  since  il.t  | 
first  Congress  commenced  its  existence  on  il,. 
first  Wednesday  in  March,  1789,  which  liappm.! 
to  be  the  4th  day  of  that  month,  therefore,  tv 
4th  of  March  is  the  day  of  the  coinnienccni.u  I 
of  each  successive  tenn,  but  no  hour  is  li.wi  | 
by  law  or  practice.    The  true  rule  is,  as  1 1.  i: ;. 
most  undoubtedly,  that  the  session  hokk  -  ■ 
the  last  day,  constitutes  the  last  day,  for  all  K-i,. 
lative  and  legal  purposes.    While  the  asiuni 
commenced  on_  that  day  continues,  the  dav  I 
itself   continues,  according  to  tiie  estaljlisli.ill 
practice  both  of  legislative  and  judicial  IjoditJ 
This  could  not  well  be  otherwise.    If  the  p  \ 
cise  moment  of  actual  time  were  to  settle  ,-u;li 
a  matter,  it  would  be  material  to  ask,  who  shall 
settle  the  time?    Shall  it  be  done  by  ]iul)lif 
authority;  or  shall  every  man  observe  thcti.ii 
of  his  own  watch  ?    If  ab.solute  time  is  to  fur- 1 
nish  a  precise  rule,  the  excess  of  a  minute,  it  is  I 
obvious,  would  be  as  fatal  as  the  excess  of  a  I 
hour.    Sir,  no  bodies,  judicial  or  legislative,! 
have  ever  been  so  hypercritical,  so  astute  to  is  j 
purpose,  so  much  more  nice  than  wise,  as  to  I 
govern  themselves  by  any  such  ideas.    These -I 
sion  for  the  day,  at  whatever  hour  itcommeiwl 
or  at  whatever  hour  it  breaks  up,  is  the  legisltj 
tive  day.    Every  thing  has  reference  to  tlie| 
commencement  of  that  diurnal  session,  hi 
instance,  this  is  the  14th  day  of  January ;  ml 
assembled  here  to  day  at  twelve  o'clock ;  otr j 
journal  is  dated  January  14th,  and  if  weshooMi 
remain  until  five  o'clock  to-morrow  moniiiifl 
(and  the  Senate  has  sometimes  sat  so  latej  oul 
pi-oceedings  would  still  all  bear  date  of  the  IWil 
of  January  ;  they  would  be  so  stated  upon  thl 
journal,  and  the  jounal  is  a  record,  and  is  il 
conclusive  record,  so  far  as  re,?pects  the  pp» 
ccedings  of  the  body." 

But  he  adduced  practice  to  thu  contrary,  d| 
showed  that  the  expiring  Congress  had  (M 
sat  after  midnight,  on  the  day  of  the  3d  o 


ANNO  183fi.     ANDREW  JACKSON,  PRI^^IDF.NT. 


5^9 


aRainst  the  Prt'8i(lcnt--a-'. 
lost  upon  lapse  of  time,  t* 
engross  itftclf  expiring  «}.;, 
began   by    the    Suiialo.  wu 

sscnted  from  the  nrw  (loctnw 
I  b\'  fractions  of  a  day,  « j 
plaro  in  the  couslllaliun.  i; 
ice  ; — and  which  was  bcsife 

ilaupe  of  the  constiHition,  r.:.r 
which  dechirc'S  that  tlie  ten 
ibors  of  the  House  of  licp- 
xpire  at  twelve  o'clock  al  nidt 
•ch.    They  are  to  hoW  fur  t» , 
ecise  hour  for  the  comnitnc- 
rm  of  two  years  is  nowhtri ! 
iitional  or  legal  provision. 
hed  by  usage  and  by  infirtu  r. 
■ly  established,  that,  since  tit 
lominenced  its  existence  on  t!.. 
in  March,  1789,  which  liappcn.-i 
ly  of  that  month,  therefore,  tii. 
the  day  of  the  comniencenKt 
ve  tenn,  but  no  hour  is  lix<i 
ice.    The  true  rule  is,  as  1 1.  ic't: 
lly,  that  the  session  holdi'n « :: 
stitutes  the  last  day,  for  all  k-iv 
purposes.    While  the  mm\ 
that  day   continues,  the  day 
s.  according  to  tiie  estaljli,<liil 
''legislative  and  judicial  Ijoditi 
well  be  otherwise.    If  the  p^  . 
actual  time  were  to  settle  ^d 
lid  be  material  to  ask,  who  slii" 
!?    Shall  it  be  done  by  ]dk\ 
hall  every  man  observe  the  tick 
ch  1    If  absolute  time  is  to  fur- 
•ule,  the  excess  of  a  minute,  it  is 
be  as  fatal  as  the  excess  of  a 
bodies,  judicial  or  le!,'islative, 
so  hypercritical,  so  astute  to  la 
ch  more  nice  than  wise,  as  to 
Ives  by  any  such  ideas.    Tliest- 
r  at  whatever  hour  it  comraeiw 
'hour  it  breaks  up,  is  the  \eiiM 
ery  thing  has  reference  to  tin 
t  of  that  diurnal  session.  M 
8  the  14th  day  of  January;  m 
1  to  day  at  twelve  oclock ; ontl 
>d  January  14th,  and  if  we  si 
live  o'clock  to-morrow  momi^ 
itc  has  sometimes  sat  so  late)  «1 
ould  still  all  bear  date  of  the  \m 
,hey  would  be  so  stated  upon  tkl 
the  jounal  is  a  record,  aiidisil 
ord,  80  far  as  re.?pects  tlie  pn^| 
ic  body." 

aced  practice  to  the  contrary,  uj 
the  expiring  Congress  had  oa^l 
[night,  on  the  day  of  the  3d  0 


L  ,,L  ij,  tiic  years  when  that  day  was  the  end 

J  the  Congrc«9 ;  and  in  speaking  of  what  had 

r.  g  occtifred,  he  was  right.    I  have  often  seen 

i  myself ;  hut  in  such  cases  there  was  usually 

acknowledgment  of  the  wrong  by  stopping 

[he  Senate  clock,  or  setting  it  back ;  and  I  have 

Ljo  seen  the  hour  callc<l  and  marked  on  the 

tiurnal  after  twelve,  and  the  bills  sent  to  the 

L-ident,  noted  as  passed  at  such  an  hour  of 

L  niciming  of  the  fourth ;  when  they  remained 

mtouched  by  the  President ;  and  all  bills  and 

fij  sent  to  him  on  the  morning  of  the  fourth 

vdatcd  of  the  third  ;  and  that  date  legalizes 

although    erroneous    in    point  of   fact. 

lat,  many  of  the  elder  members,  such  -vs  ^Ir. 

Bacon,  would  have  nothing  to  do  with  these 

Lrivanees,  and  left  the  chamber  at  midnight, 

Lin*  that  the  Congress  was  constitutionally 

I'tinct,  and  that  they  had  no  longer  any  power 

ksit  and  act  as  a  Senate.    Upon  this  point  Mr. 

■rundv  of  Tennessee,  a  distinguished  jurist  as 

Wl  as  statesman,  delivered  his  opinion,  and  in 

msonance  with  the  best  authorities.  lie  said : 

•  A  serious  question  seems  now  to  be  made, 
I  to  what  time  Congress  constitutionally  ter- 
iinates.    Until  lately,  I  have  not  heard  it  seri- 
tlv  nrpjd  that  twelve  o'clock,  on  the  3d  of 
liroh,  at  night,  is  not  the  true  period.   It  is  now 
fcisted,  however,  that  at  twelve  o'clock  on  the 
1  of  Jiarch  is  the  true  time ;  and  the  argu- 
jent  in  support  of  this  is,  that  the  first  Con- 
hi  met  at  twelve  o'clock,  on  the  4th  of  March. 
ki;  is  not  placing  the  question  on  the  true 
tund ;  it  is  not  when  the  Congress  did  meet, 
[when  the  President  was  qualified  by  taking 
,;  oath  of  office,  but  when  did  they  have  the 
institutional  right  to  mecf?    This  certainly 
)i.  and  is,  in  all  future  cases,  on  the  4th  of 
t;h ;  and  if  the  day  commence,  according  to 
e  universal  acceptation  and  understanding  of 
(Country,  at  the  first  moment  after  twelve 
bock  at  night  on  the  3d  of  March,  the  consti- 
Jional  right  or  power  of  the  new  Congress  com- 
es at  that  time ;  and  if  called  by  the  Chief 
giUrate  to  meet  at  that  time,  they  might 
bn  qualify  and  open  their  session.    There 
mid  be  no  use  in  arguing  away  the  common 
[lerstanding  of  the  country,  and  it  would  seem 
reasonable  to  maintain  that  the  4th  of  March 
I  when  the  first  Congress  adjourned,  as  it 
)  say  that  it  began  when  they  met.    From 
^Ive  o'clock  at  night  until  twelve  o'clock  at 
Jit  is  the  mode  of  computing  a  day  by  the 
f)le  of  the  United  States,  and  I  do  not  feel 
horized  to  establish  a  different  mode  of  com- 
Wion  for  Congress.      At  what  u^ur  does 
fistmas  commence  ?  When  does  the  tirst  day 
k  year,  or  the  first  of  January,  commence  ? 
I  at  midnight  or  at  noon  1    If  the  first  day 


of  a  year  oi  month  lupins  and  ends  at  midnight, 
(Ini'.s  not  tvcry  oilur  d.iy  ?  Coiigresn  ha.*  iil- 
>vavs  acted  upon  tlie  iiiipn's,>.i(>n  that  the  .">d  oi 
March  cndi'd  at  iiii(hii};lit ;  hiiioo  that  jieltinu 
back  of  clook.s  which  we  have  witnis.sfd  on  the 
.'id  of  March,  at  the  ternjinationof  the  short  sus- 
sioii. 

"In  usinj,-  this  ..rpiimcnt,  I  do  not  wi.'h  to  l)o 
understood  as  CL-nsiiring  those  who  have  tran,'<- 
acted  the  public  busines.^  here  after  twelve 
o'clock  on  the  3d  of  March.  From  thi,s  ermr, 
if  it  be  one,  I  claim  no  exemption.  With  a  sin- 
gle exception,  I  Ulieve,  I  have  alwiiys  ri'niained 
until  the  final  adjournment  of  both  Houses.  A,s 
to  the  President  of  the  United  .States,  he  if- 
niained  until  after  one  o'clock  on  the  4th  of 
March.  This  was  making  a  full  and  fair  allow- 
ance for  the  dillerenco  that  might  exist  in  dif- 
ferent instruments  for  keeping  time;  and  ho 
then  retired  from  his  chamber  in  the  Capitol. 
The  fortification  bill  never  pa.ssed  Congress  ;  it 
never  was  offered  to  him  for  his  signature  ;  he, 
therefore,  can  be  in  no  fault  It  was  arfjueil 
that  many  acts  of  Congress  passed  on  the  4th  of 
March,  at  the  short  .session,  are  upon  our  statute 
books,  and  that  these  acts  are  vahd  and  binding. 
It  should  ho  remembered  that  they  all  bear  date 
on  the  3d  of  March  ;  and  so  high  is  the  authen- 
ticity of  our  records,  that,  according  to  the  rules 
of  evidence,  no  testimony  can  be  received  to  con- 
tradict any  thing  which  appears  upon  the  face 
of  our  acts." 

To  show  the  practice  of  the  Senate,  when  ita 
attention  was  called  to  the  true  hour,  and  to 
the  fact  that  the  fourth  day  of  March  was  upon 
them,  the  author  of  this  View,  in  the  course  ot 
this  debate,  showed  the  history  of  the  actual  ter- 
mination of  the  last  session — the  one  at  which 
the  fortification  bill  was  lost.  Mr.  Hill,  of  New 
Hampshire,  was  speaking  of  certain  enormous 
printing  jobs  which  were  pres.sed  upon  the  Sen- 
ate in  its  expiring  moments,  and  defeated  after 
midnight ;  Mr.  Benton  asked  leave  to  tell  the 
secret  hi  tory  of  this  defeat ;  which  being 
granted,  he  stood  up,  and  said : 

"  He  defeated  these  printing  jobs  after  mid- 
night, and  by  speaking  against  time.  He  had 
avowed  his  determination  to  speak  out  the  ses- 
sion ;  and  after  speaking  a  long  time  against 
time,  he  found  that  time  stood  still ;  that  the 
hands  of  our  clock  obstinately  refused  to  pass 
the  hour  of  twelve ;  and  thereupon  addressed 
the  presiding  officer  (Mr.  Tyler,  the  I'resident 
pro  tern."),  to  call  to  his  attention  the  refractory 
disposition  of  the  clock  ;  which,  in  fact,  had  been 
set  back  by  the  officers  of  the  House,  according 
to  common  usage  on  the  last  night,  to  hide  from 
ourselves  the  fact  that  our  time  was  at  an  end. 
The  presiding  officer  (Mr.  13.  said)  directed  an 
officer  of  the  IIou,~e  to  put  forward  the  clock  to 


coo 


TIIIRTV 
_f 


YEARS'  VIEW. 


tlie  ri^rlit  time  ;  which  was  done  ;  and  not  an- 
other vote  was  taken  that  niglit,  except  the  vote 
to  adjourn." 

This  wa>;  a  ca.se,  as  tlie  lawyers  .«ay,  in  point. 
It  was  tlic  refusal  of  the  Senate  the  very  nijrht 
in  question,  to  do  any  thing  except  to  give  the 
adjourninf^  vote  after  the  attention  of  the  Senate 
wa.s  called  to  the  hour. 

In  reply  to  Mr.  Calhoun'a  argument  against 
American  arming,  and  that  such  arming  would 
i>o  war  on  our  side,  Mr.  Grundy  replied : 

"But  it  is  said  by  the  gentleman  from  South 
Caroliiia  (Mr.  Calhoun),  that,  if  wo  arm,  we  in- 
stantly make  war :  it  is  war.  If  this  be  so,  we 
arc  placed  in  a  most  humiliating  situation.  Since 
this  controversy  commenced,  the  French  nation 
has  armed ;  they  have  increased  their  vessels  of 
war ;  they  have  equipped  them ;  they  have  en- 
listed or  pressed  additional  seamen  into  the  pub- 
lic service;  they  have  appointed  to  the  com- 
mand of  this  large  naval  force  one  of  their  most 
experienced  and  renowned  naval  officers ;  and 
this  squadron,  thus  prepared,  and  for  what  par- 
ticular purpose  we  know  not,  is  now  actually  in 
the  nc-ighborhood  of  the  American  coast,  I  ad- 
mit tljs  proceeding  on  the  part  of  the  French 
government  is  neither  war,  nor  just  cause  of  war 
on  our  part ;  but,  seeing  this,  shall  we  be  told, 
if  we  do  similar  acts,  designed  to  defend  our  own 
country,  we  are  making  war  1  As  I  understand 
the  public  law,  every  nation  has  the  right  to 
judge  for  itself  of  the  extent  of  its  own  military 
and  naval  armaments,  and  no  other  nation  has  a 
right  to  complain  or  call  it  in  question.  It  ap- 
pears to  mo  that,  although  the  preparations  and 
armaments  of  the  French  government  are  mat- 
ters not  to  be  excepted  to,  still  they  should 
admonish  us  to  place  our  country  in  a  condition 
in  which  it  could  be  defended  in  the  event  the 
present  difficulties  between  the  *.wo  nations 
should  lead  to  hostilities," 

In  the  course  of  the  debate  the  greater  part 
of  the  opposition  senators  declared  their  inten- 
tion to  sustain  measures  of  defence  ;  on  which 
Mr,  Benton  congratulated  the  country,  and  said : 

"  A  good  consequence  had  resulted  from  an 
unpleasant  debate.  All  parties  had  disclaimed 
tlie  merit  of  sinking  the  fortification  bill  of  the 
last  session,  and  a  majority  had  evinced  a  deter- 
mination to  repair  the  evil  by  voting  adequate 
iippropriations  now.  This  was  good.  It  be- 
^poke  better  results  in  time  to  come,  and  would 
dispel  that  illusion  of  divided  counsels  on  which 
the  Frencli  government  had  bo  largely  calcula- 
ted. The  rejection  of  the  three  millions,  and 
the  loss  of  the  fortification  bill,  had  deceived 
France ;  it  had  led  her  into  the  mistake  of  sup- 
posing that  we  viewed  every  question  in  a  mer- 
cantile point  of  view ;  that  the  question  of  profit 


and  loss  was  the  only  rule  we  h.KJ  to  ..n  i 
that  national  honor  was  no  object ;  an<i  j'f^i  !j 
ol)tain  those  mi.«crable  twenty-(ivp  mill 
iVancs,  we  should  be  ready  to  submit  to  i- 
quantity  of  indignity,  and  to  wade  thrdiirji, ,.;. 
dt'pth  of   national   humiliation.     The  ]:^^  .J 
which  has  taken  place  will  dispel  that  illii,.!,] 
and  the  first  dispatch  which  the  youn-  i 
miral  Mnckau  will  have  to  send  to  ins  i^j^,'. 
ment  will  lie  to  inform  it  that  there  has  U*^ 
mistake  in  this  business — that  these  .Amen 
wrangle  among  themselves,  but  unite  a;xi;,.j 
foreigners ;  and  that  many  opposition  Knati 
are  ready  to  vote  double  the  amount  (f  id, 
twenty-five  millions  to  put  the  cnun'rv  j, , 
condition  to  sustain  that  noble  Ecntimtnt  < 
President  Jackson,  that  the  honor  of  Lis  c^uj. 
try  shall  never  be  stained  by  his  inakinf ; 
apology  for  speaking  truth  in  the  perfuriaaa 
of  duty." 


CHAPTER  CXXXIII. 

FKENCIIINDEMNITIKS:  BUITISII  MEDIATKV  J 
DEMNIT1E9  I'AID. 

The  message  of  the  President  in  relation  ii 
French  affairs  had  been  referred  to  the  Senatei 
committee  on  foreign  relations,  and  before  i 
report  had  been  received  from  that  committeei 
further  message  was  received  from  the  Presides 
informing  the  Senate  that  Great  Britain  1 
offered  her  friendly  mediation  between  tlie  Uni. 
ted  States  and  France — that  it  had  hnA 
ccpted  by  the  governments  both  of  France  i 
the  United  States ;  and  recommending  a  sts 
pension  of  all    retaliatory    measures  agjia 
France ;  but  a  •  Igorous  prosecution  of  the  i 
tional  works  of  general  and  permanent  defent^ 
The  message  also  stated  that  the  mediation  t 
been  accepted  on  the  part  of  the  United  Su 
with  a  careful  reservation  of  the  poinU  inil 
controversy  which  involved  the  honor  of  tlJ 
country,  and  which  admitted  of  no  coraproniisj 
— a  reservation  which,  in  the  vocabulary  of  Geaj 
eral  Jackson,  was  equivalent  to  saying  thatii 
indemnities  must   be   paid,  and  no  apnio; 
made.    And  such  in  fact  was  the  case.   Witl 
a  month  from  the  date  of  that  message  thefoi 
instalments  of  the  indemnities  then  due, 
fully  paid  •  and  without  waiting  for  any  actioj 
on  the  part  of  the  mediator.   In  communicj 
the  offer  of  the  British  mediation  the  Fresidt 
expressed  bis  high  appreciation  of  the  'elenU 


ANNO  1836.     ANDRFiV  JACKSON,  rRESIDEXT. 


601 


e  only  rule  we  had  to  '^  \,A 
HOT  was  no  object ;  and  \\j,{^ 
•arable  twenty-livo  milli 
kl  be  ready  to  siil)mit  m  ,.. 
^ity,  and  to  wade  ttiroii.h  ,.;■ 
nal   humiliation.      Tht  liiv^jj 
.  place  will  dispel  that  lUij.; 
ispatch  which  the  youn;  \-} 
ill  have  to  send  to  his  pjvffj 
inform  it  that  there  ha-i  l,«7,J 
buBincBS — that  these  Annim 
themselves,  but  unite  aayj 
that  many  opposition  sir.atv 
ote  double  the  amount (f  tin 
llions  to  put  the  coun'ry  bi 
istain  that  noble  seniimunt  J 
:son,  that  the  honor  of  his  c-j  J 
r  be  stained  by  his  miikins:  J 
aking  truth  in  the  perfurmaa' 


PTER  CXXXIII. 

[NITIES:  BniTISII  MEDIATION;  15| 
DEMNITIES  PAID. 

of  the  President  in  relation  u 
had  been  referred  to  the  Scnait 
foreign  relations,  and  before  s: 
>n  received  from  that  committee  j 
-re  was  received  from  the  Pre-ide 

Senate  that  Great  Britain 
endly  mediation  between  the  U 
id  France — that  it  had  ken 
governments  both  of  France 
tates ;  and  recommending  a  si 
11   retaliatory   measures  ag>i 
BL'lgorous  prosecution  of  the 
of  general  and  permanent  defei 
also  stated  that  the  mediation' 
[  on  the  part  of  the  United  St 
1  reservation  of  the  points  im 
which  involved  the  honor  of  ti 
which  admitted  of  no  comprc 
on  which,  in  the  vocabulary  of  Gei 

was  equivalent  to  saying  tk' 
must   be   paid,  and  no  apok 

such  in  fact  was  the  case.  Wit 
n  the  date  of  that  message  thefo 
jf  the  indemnities  then  due, 
nd  without  waiting  for  any  act 
of  the  mediator.  In  commuiiiciti 
the  British  mediation  the  Presii 
8  high  appreciation  of  the  'eiey 


,1  disinterested  motives  of  that  offer."    The  | 
"itires  w"'- '"  ^"^^  ^^^  elevated  ami  dicin- 
r    (j^,i .  and  presents  one  of  those  noble  spec- 
M  in  the  conduct  of  nations  on  which  his-  j 
loves  to  dwell.     France  and  the  Unite<l  | 
f»ate<ha<l  fourht  together  against  Great  Britain ; 
If  Great  IJi  it  lin  steps  between  France  and 
■  United  States  to  prevent  Ihem  from  fight- 
-cacli  o^^^'^-    George  the  Third  received  the 
^inbined  attacks  of  French  and  Americans ;  his 
.„  William  the  Fourth,  interposes  to  prevent 
heir  arms  from  being  turned  against  each  other. 
,.jj  a  iioldc  intervention,  and  a  just  return 
[rthe  good  work  of  the  Emperor  Alexander  in 
ring  liis  mediation  between  tho  United  States 
nd  Gaat  Britain — good  works  these  peace  me- 
ations  and  as  nearly  divine  as  humanity  can 
tacir-«'orthy  of  all  praise,  of  long  remem- 
ancf.  and  continual  imitation ;— tho  more  so 
I  this  case  of  the  British  mediation  when  the 
bnt  to  be  prevented  would  have  been  so  favor- 
Le  to  British  interests — would  have  thrown 
L  commerce  of  the  United  States  and  of  France 
[to  her  hands,  and  c^'  H\pA  her  at  the  expense 
(lioth.  Happily  the'  <  of  the  age  which, 

I  cultivating  good  w  '■       •>  ;t  nations,  elevates 
at  powers  above  all  selfishness,  and  permits  no 
ifricndly  recollection — ^no  selfish  calculation — 
[baliv  the  impulsions  of  a  noble  philanthropy. 
[  have  made  a  copious  chapter  upon  the  sub- 
jttof  this  episodical  controversy  with  France 
nore  full,  it  might  seem,  than  the  subject  re- 
eecing  its  speedy  and  happy  termina- 
but  not  without   object.      Instructive 
Bons  result  from  this  history ;  both  from  the 
lench  and  American  side  of  it.    The  wrong  to 
[United  States  came  from  the  French  cham- 
rof  deputies — from  the  opposition  part  of  it, 
uposed  of  the  two  extremes  of  republicans 
ilegitimists,  deadly  hostile  to  each  other,  but 
pbined  in  any  attempt  to  embarrass  a  king 
lom  both  wished  to  destroy :  and  this  French 
isition  inflamed  the  question  there.    In  the 
^ted  States  there  was  also  an  opposition,  com- 
l  of  two,  lately  hostile  parties  (the  modem 
iind  the  southern  dissatisfied  democracy) ; 
I  this  opposition,  dominant  in  the  Senate,  and 
(itrating  the  President's  measures,  gave  en- 
•agement  to  the  French  opposition :  and  the 
I  together,  brought  their  respective  countries 
he  brink  of  war.    The  two  oppositions  are 
oasible  for  the  hostile  attitude  to  which  the 


two  countrii<s  were  brotipht.  Tliat  this  is  not  a 
harsh  opinion,  nor  without  fi>iins:itii>ii,  may  Iv 
seen  by  the  history  which  is  given  of  tlic  case 
in  tho  ch  ipter  dt'(.icate(l  to  it ;  and  '>f  more  is 
wanting,  it  may  iKsfounil  in  the  ncordctl  (lilmfts 
of  the  day ;  in  which  tjiinjrs  were  said  wliirli 
were  afterwards  regn-ttnl;  and  which,  Ining 
regretted,  the  author  of  this  View  has  no  desifo 
to  repeat: — the  instructive  lesson  of  history 
which  he  wishes  to  inculcate,  iKinp:  complete 
without  the  exhumation  of  what  ouirht  to  rv- 
main  buried.  Nor  can  the  steadiness  ami  firm- 
ness of  President  Jackson  be  overlooked  in  this 
reflective  view.  In  all  the  aspects  of  tlie  French 
question  he  remained  inflexible  in  his  demand 
fc  vuticc,  and  in  his  detrniination,  so  far  as  it 
dept  1'' >d  upon  him  to  hivvi'  it.  In  his  final 
message,  communicating  to  congress  the  con- 
clusion of  the  affair,  he  gracefully  associated 
congress  with  himself  in  their  joy  at  the  resto- 
ration of  the  ancient  cordial  relations  between  two 
countries,  of  ancient  friendship,  which  miscon- 
ceptions had  temporarily  alienated  from  each 
other. 


CHAPTER     C  XXXIV. 

PRESIDENT  JACKSON'S  FOHEIGN  DIPLOMACY. 

A  VIEW  of  President  Jackson's  foreign  diplo- 
macy has  been  reserved  for  the  last  year  of  his 
administration,  and  to  the  conclusion  of  his 
longest,  latest,  and  most  difficult  negotiation; 
and  is  now  presented  in  a  single  chapter,  giving 
the  history  of  his  intercourse  with  foreign  na- 
tions. From  no  part  of  his  pdministration  was 
more  harm  apprehended,  by  those  who  dreaded 
the  election  of  General  Jackson,  than  from  this 
source.  From  his  military  character  they  feared 
embroilments;  from  his  want  of  exiwrience  as 
a  diplomatist,  they  feared  mistakes  and  blunders 
in  our  foreign  intercourse.  These  apprehe  nsions 
were  very  sincerely  entertained  by  a  lar^,e  pro- 
portion of  our  citizens ;  but,  as  the  event  proved, 
entirely  without  foundation.  No  part  of  his 
administration,  successful,  beneficial,  and  honora- 
ble as  it  was  at  home,  was  more  f  ucccssful,  bene- 
ficial and  honorable  than  that  of  his  foreign 
diplomacy.  He  obtained  indemnities  for  all 
outrages  committed  ou  our  commc^    befor* 


;ik 


602 


THIRTY  YEARS'  VIKW 


his  time,  and  none  were  committed  during  hiH 
time.  He  mwlc  (rood  commercial  treaticb  with 
Bome  nations  fmm  which  tlicy  could  not  bo  ob- 
tained bef(jrc — .settled  some  long-standing  and 
vexatious  questions ;  and  left  the  whole  world 
at  peace  with  his  countrj',  and  engaged  in  the 
good  offices  of  trade  and  hospitality.  A  brief 
detail  of  actua'  ..xurrences  will  justify  this 
general  and  ag-    -ublc  statement. 

1.  TrE  DiRKCT  Trade  with  the  Biutish 
West  Indies. — I  have  already  shown,  in  a  sepa- 
rate chapter,  the  recovery,  in  the  first  year  of 
his  administration,  of  this  valuable  branch  of 
our  commerce,  so  desirable  to  us  from  the  near- 
ness of  those  islands  to  our  shore,  the  domestic 
productions  which  they  took  from  us,  the  em- 
ployment it  gave  to  our  navigation,  th'  «"ctual 
large  amount  of  the  trade,  the  acceptable  articles 
it  gave  in  return,  and  its  satisfactory  establish- 
ment on  a  f?urable  basis  after  fifty  years  of  in- 
terrupted, and  precarious,  and  restricted  enjoy- 
ment :  and  I  add  nothing  more  on  that  head. 
I  proceed  to  new  cases  of  indemnities  obtained, 
or  of  new  treaties  formed. 

2.  At  the  head  of  these  stands  the  French  In- 
demnity Treaty. — The  commerce  of  the  United 
States  had  suffered  greatly  under  the  decrees  of 
the  Euijicror  Napoleon,  and  redress  had  been 
sought  by  every  administration,  and  in  vain, 
from  that  of  Mr.  Madison  to  tliat  of  Mr.  John 
Quiucy  Adams,  inclusively.  President  Jackson 
determined  from  the  first  moment  of  liis  admin- 
istration to  prosecute  the  claims  ori  France  with 
vigor ;  and  that  not  only  as  a  matter  of  right, 
but  of  policy.  There  were  other  secondary 
powers,  such  as  Naples  and  Spain,  subject  to  the 
same  kind  of  reclamation,  and  which  had  shel- 
tered their  refusal  behind  that  of  France ;  and 
with  some  show  of  reason,  as  France,  besides 
having  committed  the  largest  depredation,  was 
the  origin  of  the  system  under  which  they  acted, 
end  the  inducing  cause  of  their  conduct.  France 
was  the  strong  power  in  this  class  of  wrong- 
doers, and  as  such  was  the  one  first  to  be  dealt 
\7ith.  Tn  his  first  annual  message  to  the  two 
Houses  of  Congress,  President  Jackson  brought 
this  subject  before  that  body,  and  discl(<sed  his 
own  policy  in  iclation  to  it.  Ho  took  up  the 
question  as  one  of  undeniable  wrong  which  had 
already  griven  rise  to  much  unpleasant  discus- 
sion, and  which  might  lead  to  possible  collision 
Dctwecn  the  two  covernments ;  and  expressed  a 


confident  hoj*  that  the  injuriotis  delay*  of  .^1 
past  would  find  a  redress  in  the  er,iiitv  of  ^\ 
future.    This  was  pretty  clear  lanpuatf.  li'I 
stood  for  something  in  the  message  (it  i>^^| 
dent  whose  maxim  of  foreign  policy  waji.to"»nI 
nothing  but  what  was  right,  and  to  submit  J 
nothing  that  was  wrong."    At  the  same  uzA 
Mr.  William  C.  Rives,  of  Virginia,  .laa    m  ■. 
Paris  as  minister  plenipotentiary  and  enror  uJ 
traordinary,  and  especially  charged  with  this  r 
clamation..    His  mission  was  successful ;  lud  | 
the  commencement  of  the  session  I83l-',3i  iki 
President  had  the  giTitification  to  communia 
to  both  Houses  of  Congress  and  to  submit  to  t 
Senate  for  its  approbation,  the  treaty  wbid 
closed  up  this  long-standing  head  of  complijii 
against  an  ancient  ally.    The  French  pmr} 
ment  agreed  to  pay  twenty-five  millions  of  fa 
to  American  citizens  "  for  (such  was  the  lanm 
of  the  treaty)  unlawful   seizures,  captures,! 
questrftions,  confiscations  or  destructiou  of  thi 
vessels,  cargoes  or  other  property;"  subject  t 
deduction  of  one  million  and  a  half  of  fraii03f(J 
claims  of  French  citizens,  or  the  royal  traksoi 
for  "  f'.ncient  supplies  i-r  accounts,"  or  fur 
clamations  on  account  of  commercial  inju: 
Thus  all  American  claims  for  spoliation  in  t 
time  of  the  Emperor  Napoleon  were  acknotf 
ledged  and  agreed  to  be  satisfied,  and  the  i 
knowledgment  and  agreement  for  sati-sfactio^ 
made  in  terms  which  admitted  t!'e  illegality  a 
injustice  ot  the  acts  in  which  they  origin; 
At  the  same  time  all  the  French  claims  opt 
the  United  States,  from  the  time  of  our  reroi 
tion,  of  which  two  (those  of  the  heirs  of  ] 
maixihais  and  of  the  Count  Rochanibeau)  I 
been  a  subject  of  reclamation  for  forty  yei 
were  satisfied.    The  treaty  was  signed  July  4 
1831,  one  year  after  the  accession  of  Louis  Phi 
lippe  to  the  French  throne — ard  to  the  mtiii 
desire  of  the  new  king  (under  the  circumsl 
of  his  elevation)  to  be  on  good  terms  with  t 
United  States ;  and  to  the  good  ofiBccs  of  Genei^ 
Lafayette,  then   once  more  influential  in  I 
councils  of  France,  as  well  as  to  the  zealous  e 
ertions  of  our  minister,  the  auspicious  eonclui 
of  this  business  is  to  be  much  attributed. 
indemnity  payable  in  six  annual  equal  m\i 
ments,  was  satisfactory  to  government  mil  I 
the  claimants ;  and  in  communicating  idm 
tion  of  the  treaty  to  Congress,  President  Jk 
son,  after  a  just  congratulation  on  putting! 


ANNO  1838.     ANDREW  JACKSON.  I'RJiSlDKNT. 


603 


lat  the  injurious  dilay*  of  t^l 
%  redress  in  the  er,iiiiy  of  u«l 
18  pretty  clear  lanpiacc,  ui| 
ing  in  the  mcBsagc  (jf  a !'» I 
m  of  foreign  policy  was.  lo-jul 
it  waa  right,  and  to  submit : 
i  wrong."  At  the  same  tictl 
Rives,  of  Virginia,  .vaa  mi 
r  plenipotentiary  and  cnvov  uJ 
especially  charged  with  this « 
mission  was  succcs-xful;  aali 
ent  of  the  sessior  l8?\-'3i  i 
he  giTitification  to  communia 
of  Congress  and  to  submit  to  i 
approbation,  the  treaty  wk 
long-standing  bead  of  coraplj 
icnt  ally.  The  French  govcrj] 
pay  twenty-five  millions  of  in 
izens  "for  (such  was  the langui 
unlawful  seizures,  captures.! 
nfiscationsor  destruction  of  ti 
1  or  other  property;"  subject  to  J 
ne  million  and  a  half  of  fraiicsfd 
5h  citizens,  or  the  royal  trcasorJ 
juppiies  ^r  accounts,"  or  fur  r 

account  of  commercial  injui 
rican  claims  for  spoliation  in  I 
mperor  Napoleon  were  acknotl 
reed  to  be  satisfied,  and  the  «or 

and  agreement  for  satisfaciia 
which  admitted  tVe  illegalitvi 
e  acts  in  which  they  origin 
imo  all  the  French  claims  opi 
ites,  from  the  time  of  our  revoiJ 
two  (those  of  the  heirs  of  Be 

of  the  Count  Rochambeau)  1 
it  of  reclamation  for  forty  yei 
The  treaty  was  signed  Julylllj 
r  after  the  accession  of  Louis  Phi 
rench  throne— ai>d  to  the  mtu 
lew  king  (under  the  circumstJ 
,n)to  be  on  good  terms  with  t 
;  and  to  the  good  offices  of  Gene 
en  once  more  influential  in 
:ance,  as  well  as  to  the  zealouse 
-  minister,  the  auspicious  conclir 
ss  is  to  bo  much  attributed. 
^yablo  in  six  annual  equal  m^ 

titisfactory  to  government  «ndj 

.  and  in  communicating  infow 
reaty  to  Congress,  President  JiJ 
just  congratulation  on  puttii?" 


I  to  1  subject  of  irritation  which  for  many 

I  biH,  in  Bomo  degree,  alienated  two  nations 

>  eich  other,  which,  from  interest  as  well  as 

early  recxllcctions,  ought   to  cherish  the 

^  friendly  irlations — and  (as  if  feeling  all  the 

«r  coasequcntial  advantage';  of  this  success) 

St  on  to  state,  as  some  of  the  good  effects  to 

lit  from  it,  that  it  gave  encouragement  to 

«Tere  in  demands  fur  justice  from  other  na- 

5'  that  it  would  be  an  admonition  that  just 

„i  would  be  prosecuted  to  satisfactory  con- 

(iotts.  and  gi'o  assurance  to  our  own  citizens 

t  their  on^i  government  will  exert  all  its  con- 

lutional  power  to  obtain  redress  for  all  their 

ki^  wrongs.     This  latter  declaration  was 

rards  pi  t  to  the  proof)  in  relation  to  the 

lation  of  thb  treaty  itself,  and  was  kept  to  the 

IdIc  extent  of  its  letter  and  spirit,  and  with 

results  both  to  Franco  and  the  United 

les.  It  60  happened  that  the  French  legisla- 

I  chambers  refused  to  vote  appropriations 

issary  to  carry  the  treaty  into  effect.    An 

lonious  correspondence    between  the  two 

^nimcnts  took  place,  becoming  complicated 

k  resentment  on  the  part  of  France  for  some 

i5ion.s,  which  she  found  to  be  disrespectfiJ, 

Imessage  of  President  Jackson.    The  French 

iittr was  recalled  from  thr  United  States; 

I. American  minister  received   his  passport; 

reprisals  were  recommended  to  Congress 

:  President.    But  there  was  no  necessity 

hhem.   The  intent  to  give  offence,  or  to  be 

»:tful,  was  disclaimed  -,  the  instalments 

were  paid ;  the  two  nations  returned 

lelr  accustomed  good  fee  ling ;  and  no  visible 

I  remains  of  the  brief  and  transient  cloud 

for  a  while  overshadowed  them.     So 

^ed.  in  the  time  of  Jackson,  with  entire 

im  to  ourselves,  and  with   honor  to 

[parties,  the  question  of  rf zlamations  from 

for  injuries  done  our  citizens  in  the 

|of  the  Great  Emperor ;  and  which  the  ad- 

ationscf  Jefferson,  Madison,  Monroe  and 

iQalncy  Adams  had  been  unable  to  rn- 

iDixisn  Treaty. — This  was  a  convention 
Klemnity  for  spoliations  on  Americap  com- 
i,oommitted  twenty  years  before  the  time  of 
ilJackson'sadmiuistration.  They  had  been 
litted  during  the  years  1808, 1809, 1810,  and 
I  that  is  to  say,  during  the  last  year  of  Mr. 
on'badministratjon  and  the  three  first  yea« 


of  Mr.  Madison  s.  Thoy  conKi.-^ted  of  iilcpil  stiz- 
urea  and  illegal  cundcmnatioiLs  or  coiitl.scatiDii.^  uf 
American  vessels  and  their  car^K'.s  in  DariiMli 
ports,  during  the  time  whon  the  l{ritii*h  onlers 
in  council  and  the  Fruniii iuiperia,!  decn-c.-*  wire 
devastating  the  commerce  of  neutral  natiun.s,  and 
subjecting  th"  'v^akcr  powers  of  Kurojie  to  the 
course  of  policy  which  the  two  great  iR'HigenMit 
powers  had  adopted.  The  tennination  uf  tliu 
great  European  contest,  and  the  return  of  nation.s 
to  the  accustomed  paths  of  comnieivial  inter- 
course and  just  and  friendly  relations,  funiished 
a  suitable  opportunity  for  the  United  States, 
whose  citizens  had  suffered  so  much,  to  demand 
indemnity  for  these  injuries.  The  demand  had 
been  made,  and  had  been  followed  up  with  zeal 
during  each  succeeding  administration,  but  with- 
out effect,  until  the  administration  of  Mr.  John 
Quincy  Adams.  During  that  administration, 
and  in  the  hands  of  the  American  Charg6  d'Af- 
faires  (Mr.  Henry  Wheaton),  the  negotiation 
made  encouraging  progress.  General  Jackson 
did  not  change  the  negotiator— did  not  incur 
double  expense,  a  year's  delay,  and  substitute  a 
raw  for  a  ripe  minister — and  the  negotiation 
went  on  to  a  speedy  and  prosperous  conclusion. 
The  treaty  was  concluded  in  March,  18.30,  and 
extended  to  a  complete  settlement  of  all  ques- 
tions of  reclamation  on  both  sides.  The  Danish 
government  renounced  all  pretension  to  the 
claims  which  it  had  preferred,  and  agreed  to  pay 
the  sum  of  six  hundred  and  fifty  thousand  dol- 
lars to  the  government  of  the  United  States,  to 
be  by  it  distributed  among  the  American  claim- 
ants. This  convention,  which  received  the  im- 
mediate ratification  of  the  Presidcut  and  Senate, 
terminated  all  differences  with  a  friendly  p  rer, 
with  whom  the  United  States  never  had  any 
but  kind  relations  (these  spoliations  excepted), 
and  whose  trade  to  her  West  India  islands,  ly- 
ing at  our  door,  and  taking  much  of  our  domes- 
tic productions,  was  so  desirable  to  us. 

4.  Neapolitan  Indemnity  Treaty. — When 
Murat  was  King  of  Naples,  and  acting  upon  the 
system  of  his  brother-in-law,  the  Emperor  Na- 
poler  he  seized  and  confiscated  many  vessels  and 
their  cargoes,  belonging  to  citizens  of  the  United 
States.  The  years  1800,1810, 1811  and  IP  12  were 
the  periods  of  these  wrongs.  Efforts  had  been  made 
undrr  each  administration,  from  Mr.  Madison  to 
Mr.  John  Quincy  Adams,  to  obtain  redress,  but 
in  vain.    Among  others,  the  special  mission  of 


C04 


THmT\  YF.A«W  V1E\V. 


r 


Mr.  William  Pinkrey,  the  eminent  crator  and 
jurist,  was  instituted  in  tlio  lost  j'car  of  Mr. 
MadiHon's  administration,  exclusively  chai^d, 
at  tliut  court,  with  soliciting  indemnity  for  the 
Murat  spoliations.  A  Bourlx)n  was  then  upon 
the  tlifv/nc,  and  this  'legitimate,'  considering 
Murat  as  an  usurper  who  had  taken  the  king- 
dom from  its  proper  owners,  and  done  more 
harm  to  them  than  to  iny  body  else,  was  natu- 
rally averse  to  i  ing  compensation  to  other 
nations  for  his  ii  .ous  acts.  This  repugnance 
had  found  an  cxk,  .c  ia  the  fact  that  France,  the 
(^reat  original  wrongdoer  in  all  these  spoliations, 
and  under  whoso  lead  and  protection  they  were 
all  committed,  had  not  yet  been  brought  to  ac- 
knowledge the  wrong  and  to  make  satisfaction. 
The  indemnity  treaty  with  France,  in  July  1831, 
put  an  end  to  this  excuse ;  and  the  fact  of  the 
depr'^dations  being  clear,  and  the  law  of  nations 
indisputably  in  our  favor,  a  further  and  more 
earnest  appeal  was  m  "e  to  the  Neapolitan  gov- 
ernment. Mr.  John  Nelson,  of  Marj'land,  was 
appointed  United  States  Charg6  to  Naples,  and 
concluded  a  convention  for  the  payment  of  the 
claims.  The  sum  of  two  millions  one  hundred 
and  fifteen  thousand  Neapolitan  ducats  was 
stipulated  to  be  paid  to  the  United  States  gov- 
ernment, to  be  by  it  distributed  among  the  claim- 
ants ;  and,  being  entirely  satisfactory,  the  con- 
vention immediately  received  the  American 
ratification.  Thus,  another  head  of  injury  to 
our  citizens,  and  of  twenty  years'  standing,  was 
settled  by  General  Jackson,  and  in  a  case  in 
which  the  strongest  prejudice  and  the  most  re- 
olting  repugnance  had  to  be  overcome.  Murat 
had  been  shot  by  order  of  the  Neapolitan  king, 
for  attempting  to  recover  the  kingdom  ;  he  was 
deemed  a  usurper  while  he  had  it;  the  exiled 
royal  family  thought  themselves  sufficiently 
wronged  by  him  in  their  own  persons,  without 
being  made  responsible  for  his  wrongs  to  others; 
and  although  bouadby  the  law  of  nations  to 
answer  for  bis  conduct  while  king  in  point  of 
fact,  yet  for  almost  twenty  years — from  their  res- 
toration in  1814  to  1832 — they  had  resisted  and 
repulsed  the  incessant  and  just  demands  of  the 
United  States.  Considermg  the  sacrifice  of 
pride,  as  well  as  the  large  comitcnsation,  which 
this  branch  of  the  Bourbons  had  to  make  in 
paying  a  bill  of  damages  against  an  mtrusive  king 
of  the  Bonaparte  dynasty,  and  this  indemnity 
ibtained  from  Naples  in  the  third  year  of  General 


Jackson's  first  presidential  term,  which  t*ir 
refused  to  his  three  predecessors — MestrK  \ 
son,  Monroe  and  John  Quincy  Adanw~nu  H 
looked  upon  as  one  of  the  most  rcmarkab  1 
his  diplomatic  suocesses. 

Spanish    Imdemnitt    Treaty Tiic  t^ 

of  1819  with  Spain,  by  which  we  (tained  y," 
and  lost  Texas,  and  paid  five  millions  of  ifcij 
to  our  own   citizens  for  Spanish  spolutj, 
settled  up  all  demands  upon  that  power  gj] 
that  time;  but  fresh  causes  of  complaint • 
grew  up.    All  the  Spanish-American  8Ut«ii 
become  independent — had  established  thtirn 
forms  of  government — and  commenced  polit. 
and  commercial  communications  witli  ii]  ii 
world.    Spanish  policy  revolted  at  this  ( 
of  colonies  from  its  hands ;  and  althou''h  m 
to  subdue  the  new  governments,  was  able  t«  j 
fuse  to  acknowledge  their  indepcndena 
to  issue  paper  blockades,  and  to  seize  and « 
fiscato  the  American  merchant  vessel)  tn 
to  the  new  states.    In  this  way  much  dii 
had  been  done  to  American  commerce  eTuI 
the  brief  interval  between  the  date  of  the  tn 
of  1819  and  General  Jackson's  election  toi 
presidency,  ten  years  thereafter.    A  newjiitl 
claims  for  spoliations  had  grown  up;  and! 
of  the  early  acts  of  the  new  President  (rtil 
intstitute  a  mission  to  demand  indemnitr. 
Cornelius   Van  Ness,  of  New- York,  wis  | 
minister  appointed ;  and  having  been  rcfm 
his  first  application,  and  given  an  account  ot J 
refusal  to  his  government,  President  Ju 
dispatched  a  special  messenger  to  the  AmoiJ 
minister  at  Madrid,  with   instructions,' 
more  "  to  bring  the  subject  to  the  considen 
of  the .  Spanish  government ;  informing  Con} 
at  the  same  time,  that  he  had  made  his  lastJ 
mand  ;  and  that,  if  justice  was  not  doift| 
would  bring  the  case  before  that  body,  '■«[ 
constitutional  judge  of  what  was  proper  toj 
done  when  negotiation  fails  to  obtain  redn 
wrongs."    But  it  was  not  found  necessa7| 
bring  the  case  before  Congress.    On  id 
examination  of  the  claims  presented  andfor| 
enforcement  of  which  the  power  of  thegii 
ment  had  been  invoked,  it  was  found  thatll 
had  occurred  in  this  case  what  often  taiiesji 
in  reclamation  upon  foreign  powers;  thatciij 
were  preferred  which  were  not  founded  Injoj 
and  which  were  not  entitled  to  the  i 
interference.    Faithful  to  his  principle  tol 


ANNO  1836.    ANDREW  JACKSON.  TUHSlliKNT. 


^,o:^ 


)rc8idcntial  term,  which  hMt* 
reo  predecessors — MeMn. ) 
d  John  Quincy  AdanK-m»J 
one  of  the  most  remarkib*] 
Buocesses. 

DEMHiTY    Treaty.— The  tr, 
pain,  by  which  we  piind  Floi, 
,  and  paid  five  millions  of  doUj 
litizena  for  Spanish  epoliitii 
demands  upon  that  power  up  I 
;  fresh  causes  of  complaint  i 
the  Spanish- American  BUtcili 
ndent — had  established  thcito 
■nment — and  commenced  politi 
lal  communications  wltli  til 
iih  policy  revolted  at  this  ik 
m  its  hands ;  and  although  nig 
new  governments,  was  able  to  J 
wiedge  their  independena 
'  block&des,  and  to  seize  and  e 
merican  merchant  vessels  tn 
ates.    In  this  way  much  ( 
le  to  American  commerce,  et{i| 
rval  between  the  date  of  the  t 
General  Jackson's  election  to  ^ 
en  years  thereafter.    Ane\7litt| 
filiations  had  grown  up;iuid( 
icts  of  the  new  President  vru| 
lission  to  demand  indemnity. 
an  Ness,  of  New-York,  wis  I 
ointed;  and  having  been  rcfiu 
ication,  and  given  an  account  ot| 
is  government,  President  h 
special  messenger  to  the  Aneiil 
Madrid,  with   instructions,' 
ing  the  subject  to  the  considen 
ih government;  informing Codj 
time,  that  he  had  made  his  iastl 
that,  if  justice  was  not 
the  case  before  that  body,  'u  I 
al  judge  of  what  was  proper  tol 
legotiation  fails  to  obtain  redn 
Jut  it  was  not  found  necessayj 
ase  before  Congress.    On  td 
,  of  the  claims  presented  andfor| 
,  of  which  the  power  of  the  g."* 
sen  invoked,  it  was  found  that  d 
d  in  this  case  what  often  takes  [I 
ion  upon  foreign  powers;  that  cl^ 
rod  which  were  not  founded  injui 
were  not  entitled  to  the  i 
.    Faithful  to  his  princi] 


■thing  but  what  was  right,  General  Jackson 
tri-d  these  unfoundod  claims  to  be  dropped,  and 
(just  claims  only  to  bo  insisted  upon ;  and  in 
nmunictting  this  fact  to  CongreM,  he  declared 
wlicy  c'.iaracteriatically  with  regard  to  for- 
nitions,  and  in  terms  which  deserve  to  bo 
embercd.    He  said :  "  Faithful  to  the  princi- 
^^fusking  nothing  but  what  was  clearly  right, 
litional  instructions  have  boon  sent  to  modify 
demands,  so  as  to  embrace  those  only  on 
ch,  according  to  the  laws  of  nations,  wo  had 
trict  right  to  insist  upon."    Under  these  mo- 
instructions  a  treaty  oi  indemnity  was 
jcludcd  (February,  1834),  and  the  sum  of 
(Ire  niilli'~''S  of  reals  vellon  stipulated  to  be 
id  to  the  government  of  the  United  States,  for 
ribution  among  the  claimants.  Thus,  another 
nee  of  spoliation  upon  our  foreign  com- 
and  the  last  that  remained  unredressed, 
(closed  up  and  satisfied  under  the  adminis- 
^tion  of  General  Jackson ;  and  this  last  of  the 
ilutionary  men  had  the  gratification  to  re- 
!  unmixed  cordial  intercourse  with  a  power 
lich  had  been  our  ally  in  the  war  of  the  Revo- 
tion ;  which  had  ceded  to  us  the  Floridas,  to 
nd  off  with  a  natural  boundary  our  Southern 
rltory ;  which  was  our  neighbor,  oontermin- 
I  in  dominions,  from  the  Atlantic  to  the  Paci- 
and  which,  notwithstanding  the  jars  and 
Bisions  to  which  bordering  nations  are  always 
ijjcct,  had  never  committed  an  act  of  hostility 
DD  the  United  States.    The  conclusion  of  this 
rvas  grateful  to  all  the  rememberers  of  our 
vlutionary  history,  and  equally  honorable  to 
1  pariies:  to  General  Jackson,  who  renounced 
bunded  claims,  and  to  the  Spanish  govern- 
Dt,  which  paid  the  good  as  soon  as  separated 
I  the  bad. 

i  RissiAX  Commercial  Treaty. — Our  re- 

onswith  Russia  had  been  peculiar — politi- 

Ij,  always  friendly;  commercially,   always 

1— jet,  no  treaty  of  amity,  commerce,  and 

ligation,  to  assure  these  advantages  and  guar- 

I  their  continuance.    The  United  States  had 

I  sought  such  a  treaty.    Many  special  mis- 

,  and  of  the  most  eminent  citizens,  and  at 

m  times,  and  under  difierent  administra- 

,  and  under  the  Congress  of  the  confedera- 

before  there  was  any  administration,  had 

instituted  for  that  purpose — that  of  Mr. 

ncis  Dana  of  Massachusetts  (under  whom 

Toung  John  Quincy  Adams,  at  the  age  of 


sixteen,  served  his  dlj'lomatic  apprcnticeAip  m 
private  secretary),  in  17h4,  under  the  old  Con- 
gress ;  that  of  .Mr.  Kufiis  Kin?,  under  the  first  Mr. 
Adams;  that  of  Mr.  John  Qiiinry  Adanio,  .Mr. 
Albert  Gallatin,  Mr.  James  A.  IJaynrd,  and  .Mr 
William  Pinkney,  under  Mr.  Monroe ;  that  of 
Mr.   George  Washington  Campbell,  and    Mr. 
Henry  Middleton,  under  Mr.  Monroe  (the  latter 
continued  under  Mr.  John  Quincy  Adams) ;  and 
all  in  vein.    For  some  cause,  never  publicly  ex- 
plained, the  guaranty  of  a  treaty  had  been  con- 
stantly declined,  while  the  actual  advantages  of 
the  most  favorable  one  had  Inen   constantly 
extended  to  vs.    A  convention  with  us  for  the 
definitiou  of  boundaries  on  the  northwest  coast 
of  America,  and  to  stipulate  for  mutual  freedom 
of  fishing  and  navigation  in  the  North  Pacitio 
Ocean,  had  been  readily  agreed  upon  by  the  Em- 
peror Alexander,  and  wisely,  as  by  separating 
his  claims,  he  avoided  such  controversies  as  af- 
terwards grew  up  between  the  United  States  and 
Great  Britain,  on  account  of  their  joint  occupa- 
tion ;  but  no  commercial  treaty.     Every  thing 
else  was  all  that  our  interest  could  ask,  or  her 
friendship  P'^^end.      Reciprocity  of  dijjlomatic 
intercoui .      ^  fully  established ;  ministers  regu- 
larly appointed  to  reside  with  us — and  those  of 
my  time  (I  speak  only  of  those  who  "ame  within 
my  Thirty  Years'  View),  the  Chevalier  de  Poli- 
tica,  the  Baron  Thuyl,  the  Baron  Krudener,     '1 
especially  the  one  that  has  remained  lot       c 
among  us,  and  has  married  an  American  lady,  ivl. 
Alexandre  de  Bodisco — all  of  a  personal  character 
and  deportment  to  be  most  agreeable  to  our  go- 
vernment and  citizens,  well  fitted  to  represent 
the  feelings  of  the  most  friendly  sovereigns,  and 
to  promote  and  maintain  the  most  courteous  and 
amicable  intercourse  between  the  twc  countries. 
The  Emperor  Alexander  had  signally  displaj'ed 
his  good  will  in  offering  his  mediation  to  termi- 
nate the  war  with  Great  Britain;  and  still  fur- 
ther, in  consenting  to  become  arbitrator  be- 
tween the  United  States  and  Great  Britain  in 
settling  their  difference  in  the  construction  of 
the  Ghent  treaty,  in  the  article  relating  to  fugi- 
tive and  deported  slaves.    We  enjoyed  in  Rus- 
siar  ports  all  the  commercial  privileges  of  the 
most  favored  nation ;  but  it  was  by  an  unfixed 
tenure— at  the  will  of  the  reigning  sovereign; 
and  the  interests  of  commerce  required  a  moro 
stable  guaranty.  Still,  up  to  the  commencement 
of  General  Jackson's  administration,  there  was 


GOG 


TIIIRTV  YEARS'  VIEW 


no  American  treaty  of  amity,  commerce,  and 
nnvigation  with  that  great  power.  The  atten- 
tion of  President  Jacknon  was  early  directed  to 
thin  anomalous  point ;  and  Mr.  John  Randolph 
of  Roanoke,  then  retired  from  OongrcsR,  was 
induoefl,  by  the  earnest  perauaaious  of  the  Pre- 
sident, and  his  Secretary  of  State,  Mr.  Van  Buren, 
to  accept  the  place  of  envoy  extraordiiury  and 
minister  plenipotentiary  to  the  Court  of  St. 
Petersburg— to  renew  the  applications  for  the 
treaty  which  had  so  long  been  made  in  vain. 
Repairing  to  that  post,  Mr.  Randolph  found  that 
the  rigors  of  a  Russian  climate  were  too  seTcrc 
for  the  texture  of  his  fragile  constitution  ;  and 
was  soon  recalled  at  his  own  request.  Mr. 
James  Buchanan,  of  Pennsylvania,  was  then  ap- 
pointed in  his  place ;  and  by  him  the  long-de- 
sired treaty  was  concluded,  December,  1832 — 
the  Count  Nesselrode  the  Russian  negotiator, 
and  the  Emperor  Nicholas  the  reigning  sover- 
eign. It  was  a  treaty  of  great  moment  to  the 
United  States ;  for,  although  it  added  nothing 
to  the  commercial  privileges  actually  enjoyed, 
yet  it  gave  stability  to  their  enjoyment ;  and  so 
imparted  confidence  to  the  enterprise  of  mer- 
chants. It  was  limited  to  seven  years'  duration, 
but  with  a  clause  of  indefinite  continuance,  sub- 
ject to  termination  upon  one  year's  notice  from 
either  party.  Near  twenty  years  have  elapsed : 
no  notice  for  its  termination  has  ever  been  given ; 
and  the  commerce  between  the  two  countries 
feels  all  the  advantages  resulting  from  stability 
and  national  guaranties.  And  thus  was  obtain- 
ed, in  the  first  term  of  General  Jackson's  ad- 
ministration, an  important  treaty  with  a  great 
power,  which  all  previous  administrations  and 
the  Congress  of  the  Confederation  had  been  un- 
able to  obtain. 

7.  Portuguese  Indemnity.  —  During  the 
years  1829  and  '30,  during  the  blockade  of 
Tcrceira,  several  illegal  seizures  were  made  of 
American  vessels,  by  Portuguese  men-of-war, 
for  alleged  violations  of  the  blockade.  The 
United  States  chargi  tPaffairs  at  Lisbon, 
Mr.  Thomas  L.  Brent,  was  chai^d  with  the 
necessary  reclamations,  and  had  no  difficulty  in 
coming  to  an  amicable  adjustment.  Indemnity 
in  the  four  cases  of  seizure  was  agreed  upon  in 
March,  1832,  and  payment  in  instalments  stipu- 
lated to  be  made.  There  was  default  in  all  the 
instalments  after  the  first — not  from  bad  faith, 
but  from  total  inability — although  the  instal- 


ments were,  in  a  national  point  of  vicir  rjl 
amoimt     It  deserves  to  be  recorded  „  , 
stance  of  the  want  to  which  a  kiDgdom  i 
very  name  had  been  once  the  synonym  of 
regions  and  diamond  mines,  may  be  reduc^j  i 
wretched  government,  that  In  one  of  the  m 
views  of  the  American  charge  (then  Mr 
ward  Kavanagh),  with  the  Portuguese  Minii 
of  Finance,  the  minister  told  him  "  that  no » 
sons  in  the  employment  of  the  government. 
ccpt  the  military,  had  been  paid  any  pan  j 
their  salaries  for  a  long  time ;  and  that  on  t 
day,  there  was  not  one  hundred  dollarj  in  i 
treasury."     In  this  total  inability  to  p»r , 
with  the  fact  c'  having  settled  fairly  fuj, 
time  was  given   until  the  first  day  of  U_ 
1837 ;  when  full  and  final  payment  was  made! 
the  satisfaction  of  the  claimants.  f 

Indemnity  was  made  to  the  claimants  br  J 
lowing  interest  on  the  delayed  payment*,! 
an  advantage  was  granted  to  an  article  of  J 
rican  commerce  by  admitting  rice  of  theUnii 
States  in  Portuguese  ports  at  a  reduce  I  M 
The  whole  amount  paid  was  about  ^\m 
which  included  damages  to  some  other  ves 
and  compensation  to  the  seamen  of  the  ( 
tured  vessels  for  imprisonment  and 
clothes — the  sum  of  about  $1,600  for  these  IJ 
ter  items — so  carefully  and  minutely  were  J 
rights  of  American  citizens  guarded  in  Jackw 
time.     Some  other  claims  on  Portugal,  i 
sidered  as  doubtful,  among  them  the  ca.se  i\ 
brave  Captain  Reid,  of  the  privateer  Gem 
Armstrong,  were  left  open  for  future  pre 
tion,  without  prejudice  from  being  omiltedl 
the  settlement  of  the  Tcrceira  claims,  wi!! 
were  a  separate  class. 

8.  Treaty  with  the  Ottoman  EmphiI 
At  the  commencement  of  the  annual  scssioil 
Congress  of  1830-'31,  President  Jackson  t 
the  gratification  to  lay  before  the  Senate  ati 
of  friendship  and  comraercd  between  the  W 
States  and  the  Turkish  emperor— the  U 
Mahmoud,  noted  for  his  liberal  ibruign  viewj,! 
domestic  reforms,  his  protection  of  Christi 
and  his  energetic  suppression  of  the  ja; 
— those  formidable  barbarian  cohorts, 
than  prastorian,  which  had  so  long  domini 
the  Turkish  throne.    It  was  the  first  km 
treaty  made  with  that  power,  and  so  dec 
in  the  preamble  (and  in  terms  which  implid 
personal  compliment  from  the  Porto  in  dJ 


ANNO  183S.     ANDREW  JACKSON,  PIUi^lDKNT. 


(107 


a  national  point  of  view,  of  n 
jserrca  to  be  reconlfd,  u  u 
vant  to  which  a  kingdom, « 
been  once  the  synonym  of 
imond  mincH,  may  be  Nm^j 
mmcnt,  that  In  one  of  the  in 
American  charge  (then  Mr 
h),  with  the  Portuguese  Mir.. 
5  minister  told  him  "  that  no 
iployment  of  the  governraont, 
;ary,  had  been  paid  any  pan 
for  a  long  time ;  and  thot.un 
s  not  one  hundred  dollars  in 
n  this  total  inability  to  par,. 
o'  having  settled  fairly,  fun] 
ren  until  the  first  day  of  Jt 
all  and  final  payment  was  nude, 
)n  of  the  claimants, 
was  mode  to  the  claimantsky 
•Bt  on  the  delayed  payments, 
was  gnintcd  to  an  article  of. 
rce  by  admitting  rice  of  IheTni 
rtuguese  ports  at  a  reduce  I  di 
imount  paid  was  about  §140, 
led  damages  to  some  other  k 
Ration  to  the  seamen  of  the 
8  for  imprisonment  and  loss 
sum  of  about  !|1,600  for  these 
10  carefully  and  minutely  were 
erican  citizens  guarded  in  Jacfc 
e  other  claims  on  Portugal, 
)ubtful,  among  them  the  case  ot 
,in  Reid,  of  the  privateer  Ge 
were  left  open  for  future  pw 
t  prejudice  from  being  omitted 
•nt  of  the  Tcrceira  claims,  vfl 
mtc  class. 

Y  WITH  THE  Ottoman  Empiii 
nenoement  of  the  annual  session 
r  1830-'31,  President  Jackson 
tion  to  lay  before  the  Senate  ati 
)  and  commerce!  between  the  I'l 
the  Turkish  emperor-the  Si 
^oted  for  his  liberal  foreign  views,! 
forms,  his  protection  of  Chrisf 
getic  suppression  of  the  jan' • 
■midable  barbarian  cohorts, 
•ian,  which  had  so  long  domii 
throne.    It  was  the  first  Ami 
with  that  power,  and  so  d( 
nble  (and  in  terms  which  implii 
mpliment  from  the  Porte  in  di 


!>,»  what  it  hail  always  refused  to  do  before), 

1^  vu  eminently  dcairablo  to  us  for  conuncr-  [ 

L  political  and  social  reasons.    The  Turkish  i 

Lminion-i  include   what  was  once  nearly   the  1 

L(  bi>lf  of  the  Roman  world,  and  countries 

f hidi  hid  celebrity  before  Homo  was  founded. 

and  profane  history  had  given  those  do- 

inioDS  «  venerable  interest  in  our  eyes.    They 

irered  the  scat  which  was  the  birth-place  of 

human  race,  the  cradle  of  the  Christian  re- 

.jon ;  the  early  theatre  of  the  arts  and  sciences ; 

contained  the  city  which  was  founded  by  the 

Irst  Roman  Christian  emperor.  Under  good  gov- 

iment  it  had  always  been  the  scat  of  rich  com- 

irccand  of  great  wealth.     Under  every  »"pect 

mg  desirable  to  the  United  States  to  havo  its 

:i«l,  political  and  commercial  intercourse  with 

dominions  placed  on  a  safe  and  stable  foot- 

uuder  the  guaranty  of  treaty  stipulations ;  and 

object  was  now  accomplished.    These  were 

le  general  considerations;  particular  an  1  recent 

[Stances  gave  them  additional  weight. 

Exclusion  of  our  commerce  from  tho  Black 

ind  the  advantages  which  some  nations 

lately  gained  by  the  treaty  of  Adriano- 

called  for  renewed  exertions  on  our  part ; 

they  were   made    by  General  Jackson. 

commissioner  was  appointed  (Mr.  Charles 

id)  to  open  negotiations  with  the  Sublune 

;  and  with  him  were  associated  the  United 

I  naval  commander  in  the  Mediterranean 

!ommodore  Biddle),  and  the  United  States 

!ul  at  Smyrna  (Mr.  David  OflBey).     Mr. 

id  completed  the  negotiation,  though  the 

!r  gentlemen  joined  in  the  signature  of  the 

ity.  By  the  provisions  of  this  treaty,  our 

le  with  the  Turkish  dominions  was  placed 

the  footing  of  tho  most  favored  nation ;  and 

Ibg  without  limitation  as  to  time,  may  be 

lidered  as  perpetual,  subject  only  to  be  ab- 

itcd  by  war,  in  itself  improbable,  or  by  other 

Its  not  to  be  expected.    The  right  of  passing 

Dardanelles  and  of  navigating  the  Black  Sea 

secured  to  our  merchant  sh'ps,  in  ballast  or 

Ih  cargo,  and  to  carry  the  products  of  the 

^ted  States  and  of  the  Ottoman  empire,  ex- 

the  prohibited  articles.     The  flag  of  the 

pted  States  was  to  be  respected.    Factors,  or 

imercial  brokers,  of  any  religion  were  allowed 

be  employ?^  by  our  merckxnts.    Consuls 

placed  on  a  footing  of  secarity,  and  tra- 

ling  with  passports  was  protected.    Fairness 


and  justice  in  units  and  litipations  were  proridi-"! 
for.      In   questionn   U'twitn   a   ritiaii    cif  tli« 
United   States   and  a  subjict   of  tln«  Sublimii 
Porte,  tho  partir.H  were   n>.t   to  Ih«  heard,  nor 
judgment  pronounced,  uiiUx.s  tin  AiniTionn  in- 
tcri)rcter  (dragoman)  was prt H4i>t.    In tiuestionn 
between  American  citizens  the  trial  was  to  )« 
before  tho  United  States  miiiiHtir  or  constil. 
"  Even  when  they  (the  Anu'rican  citi/.onn,  so  run.'S 
the  fourth  article),  shall  Imvu  nunmittcil  some 
offence,  they  shall  not  be  arrested  and  put  in 
prison  by  tho  local  authorities,  hut  shall   lie 
tried  by  tho  minister  or  consul,  and  punislud 
according  to  tho  olTcncc."     By  tlii.s  treaty  all 
that  was  granted  to  other  nations  by  the  treoty 
of  Adrianopio  is  also  granted  to  the  United 
States,  with  tho  additional  stipulation,  to  Ix?  al- 
ways placed  on  the  footing  of  tho  most  favorecl 
nation— a  stipulation  wholly  independent  of  the 
treaty  exacted  by  Russia  at  Adrianopio  as  tho 
fruit  of  victories,  and  of  it.^clf  equivalent  to  « 
full  and  liberal  treaty ;  and  the  whole  guaran- 
teed by  a  particular  treaty  with  ourselves,  which 
makes  us  independent  of  the  general  treaty  of 
Adrianopio.    A  spirit  of  justice,  liberality  and 
kindness  runs  through  it.    Assistance  and  pro- 
lection  is  to  bo  given  throughout  tho  Turkish 
dominions  to  American  wrecked  vessels  and 
their  crews ;  and  all  property  recovered  from  a 
wreck  is  to  be  delivered  up  to  the  Americun 
consul  of  tho  nearest  port,  for  the  benefit  of  the 
owners.    Ships  of  war  of  the  two  countries  ire 
to   exhibit   towards  each   other  friendly  am 
courteous  conduct,  and  Turkish  ships  of  war  are 
to  treat  American  merchant  vessels  with  kind- 
ness and  respect.    This  treaty  has  now  been  in 
force  near  twenty  years,  observed  with  perfect 
good  faith  by  each,  and  attended  by  all  tho  good 
consequences  expected  from  it.    Tho  valuable 
commerce  of  the  Black  Sea,  and  of  all  the  Tuik- 
ish  ports  of  Asia  Minor,  Europe  and  Africa 
(once  tho  finest  part  of  the  Roman  world), 
travelling,  residence,  and  the  pursuit  of  business 
throughout  the  Turkish  dominions,  are  made  as 
safe  to  our  citizens  as  in  any  of  tho  European 
countries  ;  and  thus  the  United  States,  though 
amongst  the  youngest  in  the  .\:nily  of  nations, 
besides  securing  particular  advantages  to  her 
own  citizens,  has  done  her  part  in  bringing 
those  ancient  countries  into  the  system  of  mod- 
ern European  commercial  policy,  and  in  har- 
monizing people  long  estranged  from  each  other. 


COS 


TIIUITV  YRAIW  VIEW. 


9.  Rknkwm,  orTiiK  treaty  with  Moroc- 
co.— A  tiiiil y  liuii  Inn-n  iiiude  with  thi8  power 
Id  the  tiriii!  cW  tliu  old  Cuii){n>BH  under  tho  Con- 
fedtTutii'Ti ;  mid  it  is  honorable  to  Morocco  to 
Bee  in  t hilt  treaty,  at  tho  time  when  all  other 
liowers  on  tlio  IJiirbary  coast  deemed  tho  pro- 
|K.rty  of  a  C'liristiun,  lawful  prey,  and  hisi>cr8on 
u  i>ri)p<T  Kiibjcct  for  captivity,  entering  ii.iosuch 
HtipulatioiiH  as  these  followinfr,  with  a  nation  no 
young  as  tlie  Inited  StatcH:  '•Neither  party  to 
take  contniissionH  from  an  enemy  ;  persons  and 
property  ciiptured  in  nn  cm-my's  vessel  to  bo 
released;  American  citizens  and  eflects  to  bo 
restored ;  stranded  vessels  to  be  protected  5  ves- 
sels enga^red  in  gunshot  of  forts  to  be  protected ; 
enemies'  vessels  not  allowed  to  follow  out  of 
port  for  twenty-four  hours ;  American  commerce 
to  Ix  V  .1  the  most  favored  footing ;  exchange  of 
prisoners  in  time  of  war;  no  compulsion  in  buy- 
ing or  selling  goods ;  no  examination  of  goods 
on  board,  except  contraband  was  proved;  no 
detention  of  vessels ;  disputes  between  Ameri- 
oans  to  be  settled  by  their  consuls,  and  the  con- 
sul assisted  when  necessary  j  killing  punished 
by  tho  law  of  tho  country ;  the  eiTects  of  per- 
sons dying  intestate  to  bo  taken  care  of,  and  de- 
livered to  tho  consul,  and,  if  no  consul,  to  be 
deposited  with  some  person  of  trust ;  no  appeal 
to  arms  unless  refusal  of  friendly  arrangements ; 
in  case  of  war,  nine  months  to  be  allowed  to 
citizens  of  each  power  residing  in  tho  dominions 
of  tho  other  to  settle  their  oirairs  and  remove." 
This  treaty,  made  in  1787,  was  the  work  of 
Benjamin  Franklin  (though  absent  at  tho  sig- 
nature), John  Adams,  at  London,  and  Thomas 
JcScrson,  at  Paris,  acting  through  the  agent, 
Thomas  Barclay,  at  Fez ;  and  was  written  with 
a  plainness,  simplicity  and  beauty,  which  I  have 
not  seen  equalled  in  aay  treaty,  between  any 
nations,  before  or  since.  It  was  extended  to 
fifty  years,  and  renewed  by  General  Jackson,  in 
the  last  year  of  his  administration,  for  fifty 
years  more ;  and  afterwards  until  twelve  months' 
notice  of  a  desire  to  abridge  it  should  be  given 
by  one  of  the  parties.  The  resident  Aiiierican 
consul  at  Tangier,  Mr.  James  li.  Leib,  negotia- 
ted the  renewal ;  and  all  the  parties  concerned 
had  the  good  taste  to  preserve  the  style  and 
]t\nguagc  of  the  original  throughout.  It  will 
stand,  both  for  the  matter  and  the  style,  a  monu- 
ment to  the  honor  of  our  early  statesmen. 


10.  TrkATY  or  AMITV  AND   TOMMKirc   »„j 

SiAM. — This  wan  conciudetl  in  Manh,  l,>:i,'i  \!a 
Kdmund  UoliortH  the  negotiator  on  iho  n- 
the  L'liited  States,  and  contained  the  iir„Vj,, 
in  behalf  of  American  citizens  and  ci.mi- 
which  ha<I  been  agreed  upon  in  the  trutynj 
the  Sublime  Porto,  which  was  itnelf  prinnt^liJ 
framed  ujwn  that  with  Morocco  in  I :>;. 
which  may  well  become  tho  mo»lel  of  all  ti, 
may  be  made,  in  f,il  time  to  come,  witjj  ^n  , 
Oriental  nations. 

11.  The  same  with  the  Sultan  or  Jfn 

CAT. 

Such  were  tho  fruits  of  the  forci|,rn  diploi 
cy  of  President  Jackson.    There  were  oth, 
treaties  negotiated  under  his  administration. 
with  Austria,  Mexico,  Chili,  Peru,  B(jlivU,V(i 
ezuela — but  being  in  the  ordinary  oourse  1 
foreign  intercourse,  do  not  come  within  ( 
scope  of  this  View,  which  confines  itself  lo] 
notice  of  such  treaties  as  were  new  or  difi 
— which  were  unattainable  by  previous  sdmb 
trations;  and  those  which  brouplit  indmjiJ 
to  our  citizens  for  spoliations  committed  m 
them  in  the  time  of  General  Jackson's  pn 
ccssors.    In  this  point  of  view,  the  list  of  tn 
ties  presented,  is  grand  and  imprcgsirc; 
bare  recital  of  which,  in  the  most  subdued  1 
guage  of  historical  narrative,  places  tiic  fortJ 
diplomacy  of  General  Jackson  on  a  level  wi| 
the  most  splendid  which  the  history  of  anjo 
tion  has  presented.    First,  tho  direct  trade  «ij 
tho  British  West  Indies,  which  had  balBcd  i 
skill  and  power  of  all  administrations,  fni 
Washington  to  John  Quincy  Adams  incluih) 
recovered,  established,  and  placed  on  a  pen 
nent  and  satisfactory  footing.    Then  indeinniiil 
from  France,  Spain,  Denmark,  Naples,  Portaj 
for  injuries  committed  on  our  commerce  in  I 
time  of  tho  great  Napoleon.    Then  original  ti 
ties  of  commerce  and  friendship  with  great  pow 
from  which  they  never  could  be  obtained  belol 
— Russia^  Austria,  the  Sublime  Porte.  Thi 
leaving  his  country  at  peace  with  all  the  TOti 
after  going  through  an  administration  of  (it 
years  which  brought  him,  as  a  legacy  from  | 
predecessors,  the  accumulated  questions  uf  1 
an  age  to  settle  with  the  great  powers.  Thi 
the  eulogy  of  facts,  worth  enough,  in  the  pU 
est   language,  to  dispense  with  eulogiuii| 

WORDS. 


AMNO  l»Z6.    ANDIIKW  JACIC<(>N,  MlfSIDKNT. 


COO 


AMITY  AND   rOMM|;«ri  »,J 

concUidul  in  Manh,  \^IX),\\ 
the  negotiator  on  tho  1 1-; , 
I,  and  cont»ini'(l  the  ijri.vi. 
ir\cnn  citizvna  an<l  anatf. 
il^rced  upon  in  tho  tn»ty »,;] 
to,  which  WM  itnt'lf  prinn[4;iJ 
it  with  Morocco  in  17>T;  1 
hccomo  the  model  of  »11 1), 
f,!l  time  to  come,  with  til  i 

E  WITH  THE  Sultan  of  Mri 

le  fruits  of  the  forcipi  i 
t  Jackson.    There  were  ot 
ted  under  his  administratioi 
lexico,  Chili,  Peru,  U()livi»,v, 
ling  ill  the  ordinary  coiirm 
urae,  do  not  come  within  tl 
'^iew,  which  confines  itself  lo 
treaties  as  were  new  or  di 
unattainable  by  previous  admii 
those  which  broupht  indmnil 
1  for  spoliations  committed  n 
me  of  General  Jackson's  pi 
lis  point  of  view,  the  list  of  t 
,  is  grand  and  impressive; 
which,  in  the  most  subdued 
rical  narrative,  places  tlie  forei 
General  Jackson  on  a  level 
idid  which  the  history  of  any 
nted.    First,  tho  direct  trade  wil 
est  Indies,  which  had  baffled 
ver  of  all  administrations,  fi 
;o  John  Quincy  Adams  incl 
ablished,  and  placed  on  a  pei 
ifactory  footing.    Then  indemnii 
Spain,  Denmark,  Naples,  Port 
tmmittcd  on  our  commerce  in 
eat  Napoleon.    Then  original 
rceandfriendshipwithgreatpo' 
liey  never  could  be  obtained 
istria,  the  Sublime  Porte.  Tl 
mntry  at  peace  with  all  the  w 
irough  an  administration  of  e 
brought  him,  as  a  legacy  from 
the  accumulated  questions  of 
tie  with  the  great  powers.  Tlu 
FACTS,  worth  enough,  in  the  pi 
to  dispense  with  eulogium 


CII.U'TEIl    CXXXV. 

SLAVEUT  AGITATION. 

ifiip»i«ful  to  WO  tho  unceaNing  efforts  to 
the  South  by  imputations  agaiuHt  the 
of  unconstitutional  designs  on  tho  subject 
ilirery.    You  are  right,  I  have  no  doubt,  in 
iLding  that  no  such  intermeddling  dispoKition 
in  tho  body  of  our  Northern  brethren. 
,ir  good  faith  is  sufficiently  guaranteed  by 
interest  they  have  as  merchants,  m  ship 
.N  and  as  manufacturers,  in  preserving  a 
jon  with  tlie  slaveholding  States.    On  the 
>r  hand  what  madncs.s  in  the  South  to  look 
plater  safety  in  disunion.      It  would  bo 
than  Jumping  uito  tho  fire  for  fear  of  the 
pan.    Iho  danger  from  tho  alarms  is,  that 
pride  and  resentment  exerted  by  them  may 
[id  overmatch  for  the  dictates  of  pmdence; 
fiTor  the  project  of  a  Southern  convention, 
liously  revived,  as  promising  by  its  councils, 
ibest  securities  against  griuvances  of  every  sort 
the  North." — So  wrote  Mr.  Madison  to  Mr. 
in  Juno  1833.    It  is  a  writing  every  word 
ihich  is  matter  for  grave  reflection,  and  tho 
It  the  head  of  all.    It  is  dated  just  throe 
itht  after  the  tarill"  "  compromise  "  of  1833, 
[h,  in  arranging  the  tariil'  question  for  nine 
was  supposed  to  have  quieted  tho  South 
It  in  end  to  agitation,  and  to  tho  idea  of  a 
llKm  convention — and  given  peace  and  liar- 
ly  to  tho  whole  Union.    Not  so  the  fact — at 
not  so  tho  fact  in  South  Carolina.    Agita- 
did  not  cease  there  on  one  point,  before  it 
on  another:  the  idea  of  a  Southern  con- 
in  for  one  ciause,  was  hardly  abandoned 
it  was  "insidiously  revived"  upon  another, 
the  language  of  Mr.  Madison  in  qualifying 
Imival  with  a  term  of  odious  import :  Tor 
1  was  a  better  master  of  our  language  than 
-no  one  more  scrupulously  just  in  all 
id^ents  upon  men  and  things — and  no 
loccupying  a  position  cither  personally,  po- 
lly,  or  locally,  to  speak  more  advisedly  on 
nbject  of  which  he  spoke.    lie  was  pained 
I  the  efforts  to  alarm  the  South  on  the  sub- 
f  slavery,  and  the  revival  of  the  project  for 
^them  convention ;  and  he  feared  the  eiTect 
|i  these  alarms  should  have  on  the  pride  and 

I  Vol.  I— 39 


row  titnient  of  .*<(>iithcrn  pcopK  IliN  Irttcr  WM 
not  t<»  a  iM'ighlM>r,  or  to  a  liti/on  in  1 1 ivnie  lifo, 
Itut  to  n  publir  mim  on  \Uv  tin  ntrc  of  nitionaj 
action,  and  otu-  who  hud  iwti  d  a  |Mirt  in  (-oiti|io-«- 
iiig  national  difllciiltiiM.  It  w-m  evidintly 
written  for  a  piiqMisp.  It  wn«  in  nnnwrr  lo  .Mr. 
Clay's  expresHod  lH.!iif,  that  no  (kni/n  honti!«« 
to  Soiilhi  11)  slavery  fxi«ti'd  in  the  Jxidy  „(  the 
No-^lhcrn  {Koplc — to  concur  ^»ith  him  in  that 
belit.'— ami  to  give  him  warniniri!  it  thodungiT 
\va»>  in  nnothiT quarter — in  tin  '.ontbiif;ir;  ond 
that  it  looked  to  a  disnolntion  of  the  Tnion.  It 
WHS  to  warn  an  eminent  public  man  of  a  n«\v 
fonrce  of  national  danger,  more  alarming  than 
the  one  he  ho«l  just  Uen  composing. 

About  the  same  time,  ond  to  un  old  nml  con- 
fidential friend  (Edward  CoieH,  Enq.,  who  liad 
been  his  private  Kccrtfiiry  when  l'iv«ident),  Mr. 
Madison  also  wrote  :  "On  the  other  hand  what 
more  dangerous  than  nullification,  or  more  evi- 
dent tliun  tho  progress  it  continues  to  make, 
either  in  its  original  shape  or  in  the  di'^guises  it 
a<<sume8?    NiiUifieaiion  has  tho  effect  of  put- 
ting powder  under   tho  constitution   and   the 
Union,  and  a  match  in  the  hand  of  every  party 
to  blow  them  up  at  pk'ii>ure.     And  for  its  pro- 
gress, hearken  to  the  tone  in  which  it  is  now 
prenched:  cast  your  eyes  on  its  increasing  minor- 
ities in  the  most  of  the  Southern  States,  williont 
a  decrease  in  any  of  them.     Look  at  Virginia 
herself,  and  read  in  the  giizc'tt(H,and  in  the  pr'j- 
ceedings  of  popular  meetings,  the  figure  wliicli  the 
anarchical  principle  now  makes,  in  contrat^twith 
the  scouting  reception  given  to  it  but  a  hliort 
time  ago.    It  is  not  probable  that  this  odspring 
of  the  discontents  of  South  Carolina  will  ever 
approach  success  in  a  majority  of  tho  States: 
but  a  susceptibility  of  the  contagion  in  the 
Southern  States  is  visible :  and  the  danger  not 
to  be  concealed,  that  the  sympathy  arising  from 
known  causes,  and  the  inculcated  impression  of 
a  permanent  incompatibility  of  interests  between 
tho  South  and  the  North,  may  put  it  in  tho  power 
of  popular  lenders,  aspiring  to  tho  highest  sta- 
tions, to  unite  the  South  on  some  critical  occa- 
sion, in  a  course  that  will  end  in  creating  a  now 
theatre  of  great  though  inferior  interest.    In 
pursuing  this  course,  tho  first  ond  most  obvious 
step  is  nullification,  the  next  secession,  and  the 
last  a  farewell  separation." 

In  this  view  of  the  dangers  of  nullification  in  its 
now  "disguise" — the  susceptibility  of  the  South  to 


GIO 


TllinTY  YKAII.S'  VIKW. 


itM  conta|;ioim  inflnctirc — itM  fatal  action  upon  an 
"innilcntL'<lin(<>n)|)iitiliility()f  itit<  ruata" bctwuvn 
tlio  Nurth  and  tho  South— its  incrvaito  in  tliu 
Hlavo  States — its  progn'M,  llrwt  t,  iccfssion, 
and  then  to  "farfwcli  separation  :  "  in  tliis  view 
of  tlio  (lid  danger  timk'r  ita  new  dii*i;uiiie,  Mr. 
^fadi8on,  then  eiglity-fiiiir  years  old,  writeit 
with  tho  wisduin  ol  a(;c,  the  furenight  of  ex|H!ri- 
cnco,  tho  spirit  of  patriotism,  and  the  "  pain  " 
of  'h  art  which  a  conttntplation  of  the  division 
of  thoHo  States  excited  which  it  tiad  been  tho 
pride,  tho  glory,  and  tho  labor  of  his  life  to 
unite,  The  slavery  turn  which  was  given  to 
tlie  Southern  agitation  was  the  aspect  of  the 
danger  which  filled  his  mind  with  sorrow  and 
misgiving: — and  not  without  reason.  A  paper 
publiHlied  in  Washington  City,  and  in  tho  in- 
terest of  Mr.  Calhoun,  was  incessant  in  propa- 
gating tho  slavery  alarm — in  denouncing  tho 
North — in  exhorting  tho  Southern  States  to 
unity  of  feeling  and  concert  of  action  as  tho 
only  means  of  saving  their  domestic  institutions. 
Tho  language  had  become  current  in  some  parts 
of  tho  South,  that  it  was  impossible  to  unite  tho 
Southern  States  upon  tho  tariff  question :  that 
tho  sugar  interest  in  Louisiana  would  prevent 
her  from  joining :  that  it  was  a  mistake  to  havo 
made  that  issue :  that  the  slavtiy  question  was 
the  right  one.  And  coincident  with  this  current 
language  were  many  publications,  urging  a 
Southern  convention,  and  concert  of  action. 
Passing  by  all  these,  which  might  be  deemed 
mere  newspaper  articles,  there  was  one  which 
bore  the  impress  of  thought  and  authenticity — 
which  assumed  the  convention  to  be  a  certainty, 
the  time  only  remaining  to  be  fixed,  and  the 
cause  for  it  to  be  in  full  operation  in  the  Nor- 
thern States.  It  was  published  in  the  Charles- 
ton Mercury  in  1 835, — was  entitled  the  "  Crisis  " 
— and  had  the  formality  of  a  manifesto ;  and 
after  dilating  upon  the  aggressions  and  encroach- 
uients  of  the  North,  proceeded  thus : 

"The  proper  time  for  a  convention  of  the 
slaveholding  States  will  be  when  the  legislatures 
of  Pennsylvania,  Massachusetts  and  NeW-York 
shall  have  adjourned  without  passing  laws  for 
the  suppression  of  the  abol  ition  societies.  Should 
either  of  these  States  pass  such  laws,  it  would 
bo  well  to  wait  till  their  efficacy  should  be  test- 
ed. The  adjournment  of  the  legislatures  of  the 
Northern  States  without  adopting  any  measures 
efteetually  to  put  down  Qarrison,  Tappan  and 
their  associates,  will  present  an  issue  which  must 
be  met  by  the  South,  or  it  will  be  vain  for  us  ever 


sflor  to  attempt  any  thinp  further  tlwn  f ,,  ,,^ 
State  to  pDvido  for  her  own  Kiifitv  liv  <Wffri,,j 
meaMurcM  of  her  own.     If  the  inmii'  pWnntM' 
to  l»c  met,  it  can  only  l»e  done  by  a  (ntiifnr 
States;  t" 


tho 


priHTci 


of  the   a;rgrieved 

which,  to  Ik?  of  any  value,  mui»t  enilKKly  J 
make  Known  tho  scntimentM  of  the  wlwikso^.J 
and  contain  the  distinct  annunriatioti  </ ,, 
fixed  an<l  unaltered  detennination  tooliuigt 
redress  of  our  grievances, !»  the  ennMimn), 
what  they  may.      NVe  must  have  it  clijrlf  n 
derstood  that,  in  framing  a  constitutional  mm 
with  our  Northern  brethren,  tho  hUvi!,,,!!* 
States  consider  themselves  as  no  more  luMct 
any  more  interference  with  their  ilomc^ticiM 
cems  than  if  they  had  remained  ontirtlv  ia^ 
ticndent  of  the  other  States,  and  thai,  u  ^^ 
Interfercnre  would,  among  indciK-ndtnt  nitxa 
bo  a  just  cause  of  war,  so  among  nicmlKn  i{ 
such  a  confederacy  as  ours,  it  must  jilivc  J 
several  States  in  the  relation  towards  OMhotiT 
of  o{)en  enemies.    To  sum  up  in  a  kw  wd 
the  whole  argument  on  this  suhJKt,  we  woul 
say  that  the  abolitionists  can  only  bcriutdoJ 
by  legislation  in  the  States  in  which  tlier  til 
and  this  can  only  In)  brought  about  by  thetj 
bodied  op;  'ion  of  tho  whole  South,  mlm  uw 
public  opinion  at  tho  North,  which  can  (Uy | 
eflected  through  the  instrumentality  of  i 
vention  of  the  slavoholduig  States." 

It  is  impossible  to  road  this  parnfrra|)h  i 
the  "  Crisis,"  without  seeing  that  it  is  identij 
with  Mr.  Calhoun's  report  and  speech  upon  i 
cendiary  publications  transmitted  throueii  t 
mail.    The  same  complaint  against  the  Nord 
the  same  exaction  of  the  Buppres^sion  nf  i 
tion  societies ;  the  same  penalty  for  omitinzl 
suppress  them ;  that  penalty  always  the  sud 
a  Southern  convention,  and  secession— and  I 
same  idea  of  tho  contingent  foreign  reiatioDJ 
each  other    of  tho  respective  States,  »if 
treated  as   a  confederacy,  under  a  com 
L  yon  his  arrival  at  Washington  at  the  coma 
mcnt  of  the  session  183.5 — '36,  all  his  com 
was  conformable  to  the  programme  laid  doj 
in  tho  "  Crisis,"  and  the  whole  of  it  calcul 
to  produce  the  event  therein  hypotheticailyJ 
nouncod ;  and,  unfortunately,  a  double  set| 
movements  was  then  in  the  process  of  I 
carried  on  by  the  abolitionists,  which  favoj 
his  purposes.    One  of  these  was  the  mail  t 
mission  into  the  slave  States  of  incendiary  n 
lications ;  and  it  has  been  seen  in  what : 
he  availed  himself  of  that  wickedness  top 
cate  upon  it  a  right  of  Southern  secession;  | 
other  was  the  annoyance  of  Congres! 
profusion  of  petitions  for  the  abolition  of »!« 


ANNO  lH:irt.     ANIUIKW  JA(  KH<tN,  rUfMItKNT. 


fUl 


any  thlnjj  further  tUn  ft  (., 
for  hiT  own  Knfvtj  In-  iWfr«i,,^ 
(iwn.     If  llio  iM^lt•p^(>N■r,l^r!^ 
only  W  ilojui  by  a  mntfn.yj 
i\  Statt'x;  tlio    |)r<HTc.liri;, 
r  my  valut',  inimt  i'tiiIkhIv  t)| 
B  m-ntimenU  of  thn  wtmli.  >,« ,, 
B  distinct  nnniinciBtion  i  f  ,^ 
•n-fl  (Iftenninalion  t'l  nliUm  \)i 
p-ii'vanccH, !»  tho  <iinMi|i..„^ 
,      Wo  niUKt  hate  it  elurij ,» 
in  framing  a  conntitutioiml  uam 
horn  brt'thrcn,  tho  hUmI 
•  themselves  as  no  more  lij»,!(^ 
ferenco  with  their  ili)ni('»tii- , 
hey  had  remained  entinlr  inli 
L<  other  States,  and  that,  in  n 
DiiM,  among  inde|)en(l»;nt  nitxn 

0  of  war,  BO  among  mciiilitnii 
i'rncv  M  oura,  it  must  jil**  ttj 
in  the  relation  towanU  PwhotlK 
ics.  To  sum  up  in  a  fiw  wi,d 
umcnt  on  this  subifet,  we  wo«, 
bolitionists  can  only  l)e  nutdoi 
in  tho  States  in  which  thoy  er 
mly  Ih)  brought  about  by  ihet^ 

1  of  tho  whole  South,  lutini; m 
n  at  tho  North,  which  can .  uly  | 
igh  tho  instrumentalitjMjfi'c 
B  slavcholdiiig  States." 

siblo  to  road  this  paiap;raiih  frJ 
without  seeing  that  it  is  vMi 
houn's  report  and  speech  upon  i 
ications  transmitted  throuchi 
imo  complaint  against  the  Sort 
ction  of  the  suppression  of  i 
;  the  same  penalty  for  omittiMl 
n ;  that  penalty  always  tlie  m 
onvention,  and  secession— and  I 
tho  contingent  foreign  relation  j 
of  tho  respective  States,  «lf 
confederacy,  under  a  comin 
val  at  Washington  at  the  comn; 
session  1835— '36,  all  his 
able  to  the  programme  laid  < 
is,"  and  the  whole  of  it  calculJ 
ho  event  therein  hypotheticallyl 
ad,  unfortunately,  a  double  set] 
was  then  in  the  process  oft 
r  tho  abolitionists,  which  fsToj 
,    One  of  these  was  the  mail  t 

the  slave  States  of  incendiary  p 
nd  it  has  been  seen  in  what 
limself  of  that  wickedness  top 

a  right  of  Southern  scccssionij 
the  annoyance  of  Congress  wil 

petitions  for  the  abolitionof  sM 


t»«  PiitrW't  of  Cfllunihia  ;  and  hi«  wmdiict 

,,ff«iirctlo  thcw  p«'tifi')n«,  rrmainn  to  lie 

Ljirn.     ^''■-  Morrii",  of    Ohio,  prtsrnted  two 

that  Slate,  him^-lf  opposed  to  foiuhing 

;ubi«t  of  Klavery  in  tho  Statec.  but  deeming 

kh:!"l>ity  ff  jircm-nt  tlioiw  which  applietl  to 

|)i,trict  of  t'oluinbia.      Mr.  Calhoun  <]i^ 

,\(t\  that  they  be  read  ;  which  being  done,-— 

-lie  demanded    tho  que.stion    on   receiving 

whicli.  he  Mill,  wiis  a  preliminary  qui-ft- 

^ J  #liiih  any  niemlHT  had  a  right  to  i.mke. 

kikmaiiHcil  It  on  k'half  of  tho  State  which 

nT^'i^nted ;  ho  demanded  it,  Itecause  tho  \m- 

kions  were  in  themselves  a  foul  slanrlcr  on 

udv  cine  liiilf  of  the  States  of  tho  Union  ;  ho 

auiditl  it,  becauM)  tho  (piestion  involved  was 

,,  over  which  neither  this  nor  the  llotijie  had 

L  iKiwcr  whatever ;  and  and  a  stop  might  Imj 

L  III  that  Agitation  which  prevailed  in  so  largo 

lotion  of  tho  country,   and  which,   unless 

eikcd,  would  endanger  tho  existence  of  the 

jjjon,   That  the  petitions  just  read  contained 

|miv<,  fslse,  and  malicious  slander,  on  eleven 

\\i:i  K'prcsenled  on  this  floor,  there  was  no 

1  who  in  his  heart  could  deny.    This  was,  in 

. .,  not  only  good,  but  the  highest  cause  why 

p..  iK'titions  should  not  bo  received.     Had  it 

ht  Uen  the  practice  of  the  Senate  to  reject  ,,:M- 

Ls  wliich  rcHectod  on  any  individual  member 

I  their  body ;  and  should  they  who  were  the 

||,n-iniatiTes  of  sovereign  States  permit  peti- 

)  be  brought  there,  wilfully,  maliciously, 

llo^l  wickedly,  slandering  so  many  sovereign 

liUMif  this  Union?    Were  the  States  to  be 

s  protected  than  individual  members  on  that 

lor!   He  demanded  the  question  on  receiving 

t  [ctilions,  because  they  asked  for  what  was 

Itiiilition  of  the  constitution.     Tho  question 

|fnwiii'ipation  exclusively  belonged  to  the  sev- 

States.     Congress  hod  no  jurisdiction  on 

!  subject,  no  more  in  this  District  than  the 

t  of  South  Carolina :  it  was  a  question  for 

f  individual  State  to  determine,  and  not  to  be 

ifhed  by  Congress.     He  himself  well  under- 

A,  and  the  people  of  his  State  should  under- 

lod.  that  this  was  an  emancipation  movement. 

joje  ffiio  have  moved  in  it  regard  this  District 

Itheweak  point  through  which  the  first  move- 

p.  should  be  made  upon  tho  States.    We 

IMr.  C),  of  tho  South,  are  bound  to  resist 

We  will  meet  this  (question  as  firmly  as  if 

kere  the  direct  question  of  emancipation  in 

)  Slates.    It  is  a  movement  which  ought  to, 

jich  must  bo,  arrested,  in  limine,  or  the  guards 

Itlie  constitution  will  give  way  and  be  de- 

Ved.  He  demanded  the  question  on  receiv- 

jthie  petitions,  because  of  the  agitation  which 

p  result  from  discussing  the  subject.    The 

sr  to  be  apprehended  was  from  the  agita- 

1  of  the  question  on  that  floor.     He  did  not 

t  those  incendiary  publkations  which  were 

lattd  abroad,  and  which  could  easily  be 


roiintrrmrted.  Unt  ho  drrailrd  th*  agiUtion 
which  would  rine  out  of  the  diKciixainn  in  t'on- 
pr««H  on  the  Kubjif  t.  Kvery  mnn  knew  that 
then- exittted  a  IcmIv  of  nun  in  He  Northern 
.Slates  who  Wen-  n-xiy  to  MCond  any  iii-'Urnr- 
I  tionary  niorrmeiit  of  tbo  lilackit ;  amfthat  tliexe 
nun  would  U'  on  the  ah  rt  lo  turn  Ihow  diwuK- 
I  KJimM  lo  their  advuiitup'.  He  tinailtil  the 
I  diKriis.MJon  in  aiiotlit-r  Keii«c.  It  would  have  a 
tenflenry  to  bnak  asunder  thin  Union.  What 
I'H'eot  could  Ir'  brought  almut  by  the  interference 
of  these  iH'tilioners  I  C'oubl  they  ex|iert  to 
pro«lua«  a  chnnge  of  mind  in  the  Southern  pe<H 
plo  ?  No ;  the  clfert  would  be  din-ctly  tho 
1  opposite.  The  mon^  they  were  ai<«ailc<l  on  this 
1  point,  tho  more  closi'ly  would  they  cling  to 
I  their  institutions.  And  what  would  )«  the 
I  ell'eet  on  the  'ising  generation,  but  to  inspin>  it 
with  odium  against  thoso  whoso  mistaken  views 
and  mis'lirected  zeal  menaced  the  K'aoe  and  •»■- 
curity  of  the  Southern  States,  'ine  etibct  must 
Ik)  to  bring  our  institutions  into  odium.  As  a 
lover  of  the  Union,  ho  dreaded  this  discursion  ; 
and  asked  for  some  decided  measure  to  arrest 
tho  course  of  the  evil.  There  must,  '.here  shr  ■ 
bo  some  decided  step,  or  tho  Southern  ijooplo 
never  will  submit.  And  how  are  wo  to  treat 
the  subject  7  Hy  receiving  these  petitions  one 
after  another,  and  thus  tampering,  trifli'tor, 
sporting  with  tho  feelings  of  the  South?  ..u 
no,  no !  The  abolitionists  well  understand  thu 
eflectof  such  a  course  of  procec<ling.  It  till 
give  importance  to  their  movements,  and  ac- 
celerate the  ends  they  propose.  Nothing 
can,  nothing  will  stop  these  |)ctitions  but  u 
prompt  and  stem  rejection  of  them.  We  must 
turn  them  away  from  our  doors,  regardless  of 
what  may  be  done  or  said.  If  the  issue  must 
be,  let  it  come,  and  let  us  meet  it,  as,  I  hope, 
we  shall  bo  prepared  to  do." 

This  was  new  and  extreme  ground  taken  by 
Mr.  Calhoun.  To  put  the  District  of  Columbia 
and  the  States  on  the  same  footing  with  respect 
to  slavery  legislation,  was  e^'tirely  contrary  to 
the  constitution  itself,  and  '.>  ♦  le  whole  doc- 
trine of  Congress  upon  iu  Vhe  constitution 
gave  to  Congress  exclusive  jurisdiction  over  the 
District  of  Columbia,  without  limitation  of 
subjects;  but  it  had  always  refused,  though 
often  petitioned,  t<>  interfere  with  the  subject  of 
slavery  in  the  District  of  Columbia  so  long  as  it 
existed  in  the  two  States  (Maryland  and  Virgi- 
nia) which  ceded  that  District  to  the  federal 
government.  The  doctrine  of  Mr.  Calhoun  was, 
therefore,  new  ;  his  inference  that  slavery  was 
to  be  attacked  in  the  States  through  the  opening 
in  the  District,  was  gratuitous ;  his  "  demand  " 
(for  that  was  the  word  he  constantly  used),  that 
these  petitions  should  be  refused  a  reception, 


G12 


TIIIRTV  YEARS'  VIEW. 


'f. 


wa£  a  harsh  motion,  made  in  a  harsh  manner ; 
his  afiBtimption  tliat  the  existence  of  the  Union 
was  at  stake,  was  without  evidence  and  contrary 
to  cviflence ;  his  remedy ,  in  State  resistance, 
was  disunion ;  his  eagerness  to  ^atch  at  an 
'■  issue,"  sliowed  that  he  was  oa  the  watch  for 
'•  issues,"  and  ready  to  seize  any  one  that  would 
;;et  up  a  contest;  his  language  was  all  inflamma- 
tory, and  calculated  to  rouse  an  alarm  in  the 
slaveholding  States : — for  the  whole  of  which 
he  constantly  assumed  to  speak.  Mr.  Morris 
thus  replied  to  him  : 

"  In  presenting  these  petitions  he  would  say, 
on  the  part  of  the  State  of  Ohio,  that  she  went 
to  the  entire  extent  of  the  opinions  of  the  sen- 
ator from  South  Carolina  on  one  point.  We 
<ieny,  said  he,  the  power  of  Congress  to  legislate 
concerning  local  institutions,  or  to  meddle  in 
any  way  with  slavery  in  any  of  the  States ;  but 
we  have  always  entertained  the  opinion  that 
Congress  has  primary  and  exclusive  legislation 
over  this  District ;  under  this  impression,  these 
IMjtitioners  have  come  to  the  Senate  to  present 
their  petitions.  The  doctrine  that  Congress 
have  no  power  over  the  subject  of  slavery  in 
this  District  is  to  me  a  new  one  5  and  it  is  one 
that  will  not  meet  with  credence  in  the  State 
in  which  I  reside.  I  believe  these  petitioners 
have  the  right  to  present  themselves  here,  plac- 
ing their  feet  on  the  constitution  of  their  coun- 
try, when  they  come  to  ask  of  Congress  to 
exercise  those  powers  which  they  can  legiti- 
mately exercise.  I  believe  they  have  a  right  to 
be  heard  in  their  petitions,  and  that  Congress 
may  afterwards  dispose  of  these  petitions  as  in 
their  wisdom  they  may  think  proper.  Under 
these  impressions,  these  petitioners  come  to  be 
heard,  and  they  have  a  right  to  be  heard.  Is 
not  the  right  of  petition  a  fundamental  right  ? 
I  believe  it  is  a  sacred  and  fundamental  right, 
belonging  to  the  people,  to  petition  Congress 
for  the  redress  of  their  grievances.  While  this 
right  is  secured  by  the  constitution,  it  is  incom- 
iwtent  to  any  legislative  body  to  prescribe  how 
the  right  is  to  be  exercised,  or  when,  or  on 
what  subject ;  or  else  this  right  becomes  a  mere 
mockery.  If  you  are  to  teli  the  people  that 
they  are  only  to  petition  on  this  or  that  subject, 
or  in  this  or  that  manner,  the  right  of  petition 
is  but  a  mockery.  It  is  true  we  have  a  right  to 
say  that  no  petition  which  is  couched  in  disre- 
spectful language  shall  be  received  ;  but  I  pre- 
sume there  is  a  suflicient  check  provided  against 
this  in  the  responsibility  under  which  every  sen- 
ator presents  a  petition.  Any  petition  conveyed 
in  such  language  would  always  meet  with  his 
decided  disapprobation.  But  if  we  deny  the 
right  of  the  people  to  petition  in  this  instance, 
I  would  ask  how  far  they  have  the  ricrht.  While 
they  believe  they  possess  the  right,  no  denial  of 
it  by  Congress  will  prevent  them  from  exercis- 
ing it'* 


Mr.  Bedford  Brown,  of  North  Carolina,     1 
tirely  dissentecl  from  the  views  preantcj  ' 
Mr,  Calhoun,  and  considered  the  course  li«  ,,n 
posed,  and  the  language  which  he  used,  tiv^X 
calculated  to  produce  the  agitation  which  i\ 
professed  to  deprecate.    lie  said : 

^  lie  felt  himself  constrained,  by  a  stnjp  «■ 
duty  to  the  State  from  which  he  came,  (K,!. 
and  vitally  interested  as  she  was  in  ivervt  -i 
connected  with  the  agitating  question' wlifi 
had  unexpectedly  been  brought  into  (]iscii«jfl 
that  morning,  to  present,  in  a  few  wnrdi.  hi. 
views  as  to  the  proper  direction  which  .ihojii 
be  given  to  that  and  all  other  petitions  rclanJ 
to  slavery  in  the  District  of  Columbia.    H^  ^, 
himself  more  especially  called  on  to  dn  so  froa 
the  aspect  which  the  question  had  assumed  id 
consequence  of  the  motion  of  the  gcntkmt 
from  South  Carolina  [Mr.  Calhoun],  to  rofiJ 
to  receive  the  petition.     He  had  bclicveii  fru 
the  first  time  he  had  reflected  on  this  Hilify 
and  subsequent  events  had  but  strpnothta 
that  conviction,  that  the  most  proper  disposiiirj 
of  all  such  petitions  was  to  lay  tliem  on  ta 
table,  without  printing.     This  course,  wh 
indicated  to  the  fanatics   that  Coi,,ie^s  ifi| 
yield  no  countenance  to  their  dcsiftns.  at  tj 
.same  time  marks  them  with  decided  reprobati  J 
by  a  refusal  to  print.    But,  in  his  cHiniaiifd 
another  reason  gave  to  the  motion  to  lav  tliej 
on  the  table  a  decided  preference  over  anVotii! 
proceedings  by  which  they  should  bo  met,  li| 
peculiar  n?«rit  of  this  motion,  as  appiicabM 
this  question,  is,  that  it  precludes  all  debitl 
and  would  thus  prevent  the  agitation  of  as 
ject  in  Congress  which  all  should  deprecate  J 
fraught  with  mischief  to  every  portion  of  tj 
happy  and  flourishing  confederacy.    Mr.  B.i 
that  honorable  gentlemen  who  advocated  tU 
motion  had  disclaimed  all  intention  to  prodJ 
agitation  on  this  question.    He  did  not  preteJ 
to  question  the  sincerity  of  their  declaratioj 
and,  while  willing  to  do  every  justice  to  the 
motives,  he  must  bo  allowed  to  say  that  1 
method  could  be  devised  better  calculated,! 
his  judgment,  to  produce  such  a  result, 
(Mr.  B.)  most  .sincerely  believed  that  the  1 
interests  of  the  Southern  States  would  be  noj 
consulted  by  pursuing  such  a  course  here  | 
would  harmonize  the  feelings  of  every  sectii 
and  avoid  opening  for  discussion  so  danpcrof 
and  delicate  a  question.    lie  believed  all  t 
senators  who  were  present  a  few  days  sin^ 
when  a  petition  of  similar  character  had  b 
presented  by  an  honorable  senator,  had,bytlij 
votes  to  lay  it  on  the  table,  sanctioned  il 
course  which  he  now  suggested.    [Mr.  CaihciJ 
in  explanation,  said  that  himself  and  his  ( 
league  were  absent  from  the  Senate  un  the  j 
casion  alluded  to.]     Mr.  B.  resumed  bis  \ 
marks,  and  said  that  he  had  made  no  refcre 
to  the  votes  of  any  particular  members  of  tl 
body,  but  what  he  had  said  was,  that  a  (in 


ANNO  I'^fltJ.    ANDREW  JACKSON.  rUESlDF.NT. 


G13 


ovnj,  of  North  Carolim,  t^l 
rom  the  views  prcstntoJ  ',,1 
considered  the  course  k-  pt<,| 
jjuage  which  he  usmJ,  cxactiil 
iducc  the  apitation  which  'r,;| 
2catc.    lie  said : 

If  constrained,  hy  a  sense  f 
;  from  which  he  came,  dmlj 
;8ted  as  she  was  in  every  th.rl; 
the  agitatinf!  question  wbii 
y  been  brought  into  (lisctisti,^ 
J  present,  in  a  few  words,  hj 
proper  direction  which  ^Wili 
and  all  other  petitions  relam. 
!  District  of  Columbia.  \h  W 
pccially  called  on  to  do  ?o  f^ 
h  the  question  had  assumcil.  n 

the  motion  of  the  gomki;. 
olina  IMr.  Calhoun],  to  nh 
etition.  He  had  bclicvwl  fr 
le  had  reflected  on  this  Hihji 
t  events  had  but  strcn^tbt 

that  the  most  proper  (li>posni', 
titions  was  to  lay  them  on  t! 
printing.  This  course,  while . 
he  fanatics  that  Coi.vres vrj 
tenancc  to  their  designs,  at  ti 
ks  them  with  decided  reprobati 

0  print.    But,  in  his  cstiiratK. 

1  cave  to  the  motion  to  lay  thei 
decided  preference  oyer  anyotfcj 
r  which  they  should  be  met.  Ib 

of  this  motion,  as  applieaWe 
is  that  it  precludes  all  dtk 
18  prevent  the  agitation  of  a  ss 
»ss  which  all  should  deprecate 
mischief  to  every  portion  (,ftl 
arishing  confederacy.  Mr.B.s 
[e  gentlemen  who  advocated! 
isclaimedall  intention  to  prdi 
his  question.  Hedidnoprets 
he  sincerity  of  their  declantio 
lling  to  do  every  justice  to  tl 
must  be  allowed  to  saythat 
1  be  devised  better  cakulald, 

to  produce  such  a  result. 
;^t  sincerely  believed  that  the 
he  Southern  States  would  hem 

pursuing  such  a  course  bore 
n?ze  the  feelings  of  every  sec 
«;ning  for  discussion  so  Jangir 
Tquestion.    He  'f^'ff. 
>  were  present  a  few  davs  ? 
ion  of  similar  character  had 
an  honorable  senator,  had, bytl 
it  on  the  table,  sanctioned 
henowsuggested.   V^rX^m 
m  said  that  himself  and  Im  i 
ab^nt  from  the  Senate  on  he 

-iSdtM     Mr.  B.  resumed 
7a\dthathehadmadenoret« 
of  any  particular  men^rso 
tot  he^had  said  was,  that*." 


(tition  ha*!  ^^en  laid  on  the  tabic  without  ol)-  ,  of  increasing  tlic  slavery  agitation,  and  giving 
l^^ion  from  any  one,  and  consequently  by  a !  the  a»)olitionists  ground  to  stand  ui.on  in  giving 
naininious  vote  of  the  senators  present.      1  lire. 


,,^n,  was  a  most  emphatic  declaration,  by  gen- 
liemcn  representing   the   Northern   Slates   as 
j,;i  as  those  from  other  parts  of  the  I'nion,  l)y 
4^  vote  that  they  will  entertain  no  attcmjit  at 
Piilalion  on  tlio  question  of  slavery  in  the 
liMrict  of  Columbia.    Why,  then,  asked  Mr. 
L  should  we  now  adopt  a  mode  of  proceeding 
nlculatcd  to  disturb  the  hannonious  action  of 
t  e  Senate,  which  had  been  produced  by  the 
(fflicrvote?  Why  (ho  would  respectfully  ask 
([  honorable  gentlemen  who  press  the  motion 
u  refuse  to  receive  the  petition)  and  for  what 
beneticial  purpose  do  they  press  it?    By  pcr- 
fitin"  in  such  a  course  it  would,  beyond  all 
loubCopcn  a  wide  range  of  discussion ,  it  would 
It  fail  to  call  forth  a  great  diversity  of  opinion 
.relation  to  the  extent  of  the  right  to  petition 
'ndtr  the  constitution.    Nor  would  it  be  con- 
iued  to  that  question  alone,  judging  from  an 
ipression  which  had  fallen  from  an  honorable 
[entieman  from  Virginia  [Mr.  Tyler],  in  the 
jur.,e  of  this  debate.     That  gentleman  had  de- 
ilired  his  preference  for  a  direct  negative  vote 
IV  the  Senate,  as  to  the  constitutional  power 
iConTCSS  to  emancipate  slaves  in  the  District 
Columbia.    He,  for  one,  protested,  politically 
eaiiin?,  against  opening  this  Pandora's  box  in 
le  halls  of  Congress.     For  all  beneficial  and 
inotical  purposes,  an  overwhelming  majority 
( the  members  representing    the  Northern 
lutes  were,  with  the  South,  in  opposition  to 
IV  interference  with  slavery  in  the  District  of 
iolumbia.    If  there  was  half  a  dozen  in  both 
inches  of  Congress  who  did  not  stand  in  en- 
opposition  to  any  interference  with  slavery, 
this  District  or  elsewhere,  he  had  yet  to 
it.    AVas  it  wise,  was  it  prudent,  was  it 
janimous,  in  gentlemen  representing  the 
Mthern  States,  to  urge  this  matter  still  further, 
gay  to  our  Northern  friends  in  Congress, 
entlemen,  we  all  i^ree  in  the  general  con- 
Eion,  that  Congress  should  not  interfere  in 
i  question,  but  we  wish  to  know  your  reasons 
arriving  at  this  conclusion ;  we  wish  you  to 
:lare,  by  your  votes,  whether  you  arrive  at 
result  because  you  think  it  unconstitutional 
not?'    Mr.  B.  said  that  he  would  yield  to 
18  in  zeal  in  sustaining  and  supporting,  to  the 
nt  of  his  ability,  what  he  believed  t(»  be  the 
interest  of  the  South ;  but  he  should  take 
e  to  say  that,  when  the  almost  united  will 
both  branches  of  Congress,  for  all  practical 
scs,  was  with  us,  against  all  interference 
this  subject,  he  should  not  hazard  the  peace 
'  quiet  of  the  country  by  going  on  a  Quixotic 
ilion  in  pursuit  of  abstract  constitutional 
itions." 

pr.  King,  of  Georgia,  was  still  more  pointed 
I  Mr.  Brown  in  deprecating  the  course  Mr. 
loun  pursued,  and  charging  upon  it  the  effect 


thcni  the  right  of  petition  to  di-fcnd.    He  ,«ai(! : 

'•This  being  among  the  Southern  nunibfrs  ik 
mere  dillercnre  of  form  in  the  manner  of  di.sjHW- 
ing  of  the  subject,  1  regret  exceedingly  that  the 
senator  from  Carolina  has  thought  it  his  duty 
(as  he  doubtless  has)  to  jiress  the  subjert  iijioii 
the  consideration  of  the  Senate  in  sucli  form  an 
not  only  to   permit,  but  in  sonic   measure  to 
create,  a  necessity  for  the  c<mtitined  agitation  of 
the  subject.     For  he  believed,  with  others,  that 
nothing  was  better  calculated  to  incre.iso  agita- 
tion and  excitement  than  such  motion.s  as  that 
of  the  senator  from  South  Carolina.    What  was 
the  object  of  the  motion  ?     Senators  said,  and 
no  doul)t  sincerely,  that  their  object  was  to  ciuiet 
the  agitation  of  the  subject.  Well,  (said  Mr.  K.,) 
my  object  is  precisely  the  same.      We  differ, 
then,  only  in  the  means  of  securing  a  conimo-i 
end ;  and  he  could  tell  the  Senators  that   the 
value  of  the  motion  as  a  means  would  likely  be 
estimated  by  its  tendency  to  secure  the  end  de- 
sired.    Would  even  an  affirmative  vote  on  the 
motion  quiet  the  agitaticm  of  the  subject  ?     He 
thought,  on  the  contrary,  it  would  much  increase 
it.     How  would  it  stop  the  agitation?    What 
would  bo  decided?    Nothing,  except  it  be  that 
the  Senate  would  not  receive  the  particular  me- 
morial before  it.    Would  that  prevent  the  pre- 
sentation of  others?    Not  at  all ;  it  would  only 
increase  the  number,  by  making  a  new  is-sne  for 
debate,  which  was  all  the  abolitionists  wanted  ; 
or,  at  any  rale,  the  most   they  now  exp(Ctt<i. 
These  petitions  had  been  coming  hero  without 
intermission  ever  since  the  foundation  of  ih; 
government,  and  he  could  tell  the  senator  that 
if  they  were  each  to  be  honored  by  a  lengthy 
discussion  on  presentment,  an  honor  not  here- 
tofore granted  to  them,  they  would  not  only  con- 
tinue to  come  here,  but  they  would  thicken  upo!i 
us  so  long  as  the  government  remained  in  exist- 
ence.   We  may  seek  occasions  (said  Mr.  K.)  to 
rave  about  our  rights ;  we  may  apjieal  to  the 
guaranties  of  the  constitution,  which  are  denied ; 
we  may  sjKiak  of  the  strength  of  the  South,  and 
pour  out  unmeasured  denunciations  against  the 
North ;  we  may  threaten  vengeance  against  the 
abolitionists,  and  menace  a  dissolution  of  the 
Union,  and  all  that ;  and  thus  exhausting  our- 
selves mentally  and  physically,  and  setting  down 
to  applaud  the  spirit  of  our  own  eflbrts,  Arthur 
Tappan  and  his  pious  fraternity  would  very 
coolly  remark :  '  Well,  that  is  precisely  what  I 
wanted ;  I  wanted  agitation  in  the  South ;  ( 
wished  to  provoke  the  "  aristocratic  slaveholder" 
to  make  extravagant  demands  on  the   North, 
which  the  North  could  not  consistently  surren- 
der them.    I  wished  them,  under  the  pretext 
of  securing  their  own  rights,  to  encroach  upon 
the  rights  of  all  the  Amerian  people.   In  short, 
I  wish  to  change  the  issue ;  upon  the  present 
issue  we  are  dead.     Every  movement,  every  de- 


(.14 


THIUTY  YKAIW  VIKW. 


nionstration  of  feling  anion^r  oiir  own  jMjoplc, 
k1i(»\vh  tlmt  upon  the  presunt  issue  the  jrreat 
horly  of  the  people  is  against  us.  The  issue 
must  Ik!  chanK'^d;  or  the  prospects  of  af)olition 
are  at  an  eml.'  This  laiipuajro  (Mr.  K.  said) 
was  not  conjcci  ured.  but  there  was  much  evi- 
dence of  its  trui.h.  Sir  (said  Mr.  K.).  if  South- 
ern senators  were  actually  in  the  pay  of  the 
abolition  directory  on  Nassau-street  they  could 
not  more  effectually  co-operate  in  the  views  and 
administer  to  the  wishes  of  these  enemies  to  the 
j)eace  and  quiet  of  our  country." 

Mr.  Calhoun  was  dissatisfied  at  the  speeches  of 
Mr.  Brown  and  Mr.  Kinp,  and  considered  them 
as  dividing  and  distracting  the  South  in  their 
opposition  to  his  motion,  while  his  own  course 
was  to  keep  them  united  in  a  case  where  union 
wa.s  so  important,  and  in  which  they  stood  but  a 
handful  in  the  midst  of  an  overwhelming  major- 
ity,    lie  said: 

"  I  Ijavo  heard  with  deep  mortification  and 
regret  the  speech  of  the  senator  from  Geor- 
gia ;  not  that  I  suppose  that  his  arguments 
can  have  much  impression  in  the  South,  but 
because  of  their  tendency  to  divide  and  dis- 
tract the  Southern  delegation  on  this,  to  us,  all- 
momentoua  question.  We  are  here  but  a  hand- 
ful in  the  midst  of  an  overwhelming  majority. 
It  is  the  duty  of  every  member  from  the  South, 
on  this  great  and  vital  question,  where  union  is 
so  important  to  those  whom  we  represent,  to 
avoid  every  thing  calculated  to  divide  or  dis- 
tract our  ranks.  1  (said  Mr.  C.),the  Senate  will 
Iiear  witness,  have,  in  all  that  I  have  said  on 
this  subject,  been  careful  to  respect  the  feelings 
of  Southern  members  who  have  differed  from 
nie  in  the  policy  to  be  pursued.  Having  thus 
acted,  on  my  part,  I  must  express  my  surprise 
at  the  harsh  expressions,  to  say  the  least,  in 
which  the  senator  from  Georgia  has  indulged." 

The  declaration  of  this  overwhelming  mnjority 
against  the  South  brought  a  great  number  of 
the  non-slaveholding  senators  to  their  feet,  to 
declare  the  concurrence  of  their  States  with  the 
South  upon  the  subject  of  slavery,  and  to  depre- 
ciate the  abolitionists  as  few  in  number  in  any 
of  tlie  Northern  States ;  and  discountenanced, 
reprobated  and  repulsed  wherever  they  were 
found.  Among  these,  Mr.  Isaac  Hill  of  New 
Hampshire,  thus  spoke : 

"I  do  not  (said  he)  object  to  many  of  the 
positions  taken  by  senators  on  the  abstract  ques- 
tion of  Northern  interference  with  slavery  in 
the  South.  But  I  do  protest  against  the  excite- 
ment that  is  attempted  on  the  floor  of  Congress, 
to  be  kept  up  against  the  North.  I  do  protest 
against  the  array  that  is  made  here  of  the  acts 
of  a  few  misguided  fanatics  as  the  acts  of  the 


whole  or  of  a  large  portion  of  the  ptoiilt; ,  f : 
North.     I  do  protest  against  the  touiui,,j; 
that  is  here  given  to  the  idea  that  thu  (^..i,, 
the  North  generally  are  interfering  wm,  ,.  , 
rights  and  property  of  the  people  oi  tlie  s,. ;, 

"There  is  no  course  that  will  Utter  >;iiti(j 
few  Northern  fanatics  than  the  agitiiii(jn  of  i 
question  of  slavery  in  the  liall.s  uf  L'oncnx  ~ 
nothing  will  please  them  better  than  tlif.ii,- 
sions  which  are  taking  place.  an<l  a  suknm  \ '•, 
of  either  branch  denying  them  tlie  rifrlii  t., 
fer  petitions  here,  praying  tlmt  slaveiv  inav ! 
abolished  in  the  District  of  Columbia.   .\  i' 
nial  of  that  right  at  once  enables  theiu,  and  n' J 
without  color  of  truth,  to  cry  out  tlmt  thicnjl 
test  going  on  is  '  a  struggle  between  jwivfr  a: J 
liberty.' 

'•  Believing  the  intentions  of  those  wh,  haJ 
moved  .simultaneously  to  get  up  tlioe  (niitiij 
at  this  time,  to  be  mischief,  1  was  plad  t. . 
the  first  petition  that  came  in  here  laid  i,ii  [j 
table  without  discussion,  and  without  rufiKnJ 
to  any  committee.    The  motion  to  lay  on  t^ 
table  precludes  all  debate ;  and,  if  deciild  allil 
matively,  prevents  agitation.    It  was  with  i 
view  of  preventing  agitation  of  this  subject  t 
I  moved  to  lay  the  second  set  of  petitiDD!  ( 
the  table.    A  senator  from  the  South  (Ji-.  l'i| 
houn)  has  chosen  a  difl'erent  couise;  lie  la,  i 
terposed  a  motion  which  opens  a  debate  lia 
may  be  continued  for  months.    He  has  clij 
to  agitate  this  question ;  and  he  has  prcmii 
that  question,  the  decision  of  which,  let  senatT 
vote  as  they  may,  will  best  please  the  ajritiiij 
who  are  urging  the  fanatics  forward. 

•'  I  have  said  the  people  of  the  North  wel 
more  united  in  their  opposition  to  the  plans 
the  advocates  of  antislavery,  than  on  any  oii 
subject   This  opposition  is  confined  to  no  polil 
cal  party ;  it  pervades  every  class  of  the  cinim 
nity.    They  deprecate  all  interference  with  t 
subject  of  slavery,  because  they  believe  such  J 
terference  may  involve  the  existence  andw| 
fare  of  the  Union  itself,  and  because  they  undi 
stand  the  obligations  which  the  non-slaveii 
States  owe  to  the  slaveholding  States  bytl 
compact  of  confederation.    It  is  the  stronj  i 
sire  to  perpetuate  the  Union  ;  it  is  the  detttJ 
nation  which  every  patriotic  and  virtuous  citia 
has  made,  in  no  event  to  abandon  tiie'aikl 
our  safety,'  that  now  impels  the  united  M 
to  take  its  stand  against  the  agitators  of  ij 
antislavery   project.      So    effectually  has 
strong  public  sentiment  put  down  that  ( 
tion  in  New  England,  that  it  is  now  kept  i 
only  by  the  power  of  money,  which  the  aji 
tors  have  collected,  and  apply  in  the  hinn»j 
agents,  and  in  issues  from  presses  that  are  k 
in  their  employ. 

"  The  antislavery  movement,  whicli  brin^sj 
petitions  from  various  parts  of  the  couutryi 
ing  Congress  to  abolish  slavery  in  the  DistJ 
of  Columbia,  originates  with  a  few  ix^rjon?, 
have  been  in  the  habit  of  makin;j;  chanuHi 
ligious  institutions  subservient  to  ijolilioil  p 


ANNO  1836.     ANDREW  JACKSON.  ITiB^IDENT. 


615 


rgc  portio".  of  the  jHojilt-  ..t ; , 
■otest  against  the  coumiim,, 
n  to  the  idea  that  tin.-  ]k.p|i, 
rally  are  intcrftrins  with  i: 
;rty  of  the  people  nl  ilif  >,,.;;. 

course  that  will  VKttor  ^•,iit tj j 
inatics  than  the  iipitiitiun  of  v., 
ery  in  the  halls  of  (.'oti(;n>.. 
ase  them  better  llian  llii'iii«f, 

taking  place,  and  a  sukMiin  wi 
X  denyini;  them  tlie  ri(rhl  t.j  j^ 
re,  i)raying  that  slavery  mavM 
le  District  of  Columljia,  A  i;._ 
ht  at  onco  enables  thciu,  and  n.  J 
if  truth,  to  cry  out  that  tht  c  J 
\ '  a  struggle  between  powtr ; 

he  intentions  of  those  who  h4 
Qeoualy  to  get  up  tlioe  |H.iiti.i 
>  be  mischief,  1  was  (rlad  to  ^* 
m  that  came  in  here  hid  on  tJ 
tliscussion,  and  without  rufmd 
ttee.     The  motion  to  lay  on  t^ 
3  all  debate  ;  and,  if  tlecidwl! 
ents  agitation.    It  was  wiili  tij 
iiting  agitation  of  this  suhject  tlu 
y  the  second  set  of  petitiimi 
senator  from  the  South  (Ji'.l'J 
)scn  a  difterent  course;  hu  ha-  i 
.otion  which  opens  a  dehatt  m 
lued  for  months.    He  has  cliJ 
i  question  j  and  he  has  pifaiii(| 
I  the  decision  of  which,  let  smvt 
nay,  will  best  please  the  agiutuj 
ig  the  fanatics  forward. 
id  the  people  of  the  North  wel 
n  their  opposition  to  the  plans  ^ 
of  antislavery,  than  on  any  oihl 
opposition  is  confined  toiKjpoli 
pervades  every  class  of  the  c^min 
leprccate  all  interference  with  i 
.-ery,  because  they  believe  suchi 
ly  involve  the  existence  andivj 
lion  itself,  and  because  they  unii? 
gallons  which  the  non-slavtholdii 
the  slaveholding  Slates  byt 
mfederation.    It  is  the  strong  i 
^uate  the  Union ;  it  is  the  dctttij 
every  patriotic  and  virtuous  cili 
no  event  to  abandon  the 'art! 
hat  now  impels  the  united  Xoij 
;tand  against  the  agitators  of  tf 
project.      So    eflectually  has  ' 
;  sentiment  put  down  thati 
England,  that  it  is  now  kept  la 
power  of  money,  which  the  apl 
lected,  and  apply  in  the  hmii?| 
n  issues  from  presses  that  are  ii^ 

oy.  ,  •  ,  V  ■ 

ilavery  movement,  whicli  bring 
1  various  parts  of  the  cuuutrya 
to  abolish  slavery  in  tlw  m 
originates  with  a  few iwrsousi 
the  habit  of  makin-  ehaniuiid 
.utions  subservient  to  pohlioili 


I  yit^. 


. ,  .  ami  who  have  even  controlled  some  of 
^^  charitable  aa.sociati(m8.      The   petitions 
"jjt  on  foot  by  men  who  have  had,  and  who 
(iniie  to  have,  influence  with  ministers  and 
(fliirious  teachers  of  different  denomination.s. 
Tbtv  have  issued  and  sent  out  their  circulars 
;ij'„j;  for  a  united  effort  to  press  on  Congress 
the  abolition  of  slavery  in  this  District.    Many 
of  ttiB  clergymen  who  have  been  instruments 
of  the  aptators,  have  done  bo  from  no  bad  nio- 
ijte.  iSome  of  them,  discovering  the  purpose  of 
(jjjigitators — discovering  that  their  labors  were 
nlculatcd  to  make  the  condition  of  the  slave 
for?e.  and  to  create  animosity  between  the  peo- 
ple of  the  North  and  the  South,  have  pau.«ed  in 
their  course,  and  desisted  from  the  further  ap- 
ipiicjtion  of  a  mistaken  philanthropy.    Others, 
Lrin?  enlisted  deeply  their  feelings,  still  pur- 
le  the  unprofitable  labor.    They  present  here 
be  names  of  inconsiderate  men  and  women, 
liny  of  whom  do  not  know,  when  they  sub- 
jibe  their  papers,  what  they  are  asking ;  and 
ithers  of  whom,  placing  implicit  faith  in  their 
ilijious  teacher,  are  taught  to  believe  they  are 
jerebv  doing  a  work  of  disinterested  benevo- 
ince  which  will  be  requited  by  rewards  in  a 

;ture  life. 

Now,  sir,  as  much  as  I  abhor  the  doings  of 
eaii  or  wicked  men  who  are  moving  th'*?  aboli- 
on  question  at  the  North,  I  yet  have  not  as 
id  an  opinion  of  them  as  I  have  of  some  others 
ho  are  attempting  to  make  of  these  puerile 
cecdings  an  object  of  alarm  to  the  whole 
louth. 

"Of  all  the  vehicles,  tracts,  pamphlets,  and 
Lw>papers,  printed  and  circulated  by  the  abo- 
Itionists,  there  is  no  ten  or  twenty  of  them 
at  have  contributed  so  much  to  the  excite- 
lent  as  a  single  newspaper  printed  in  this  city. 
not  name  this  paper  when  I  inform  you 
Bt,  for  the  last  five  years,  it  has  been  laboring 
J  produce  a  Northern  and  Southern  party — to 
IS  the  flame  of  sectional  prejudice — to  open 
filler  the  breach,  to  drive  harder  the  wedge, 
MA  shall  divide  the  North  from  the  South, 
[is  the  newspaper  which,  in  1831-'2,  strove  to 
ate  that  state  of  things,  in  relation  to  the 

j  which  would  produce  inevitable  collision 
|etween  the  two  sections  of  the  country,  and 
(iiich  urged  to  that  crisis  in  South  Carolina, 

linating  in  her  deep  disgrace—— 
I '[Mr.  Calhoun  here  interrupted  Mr.  Hill,  and 
Vied  him  to  order.    Mr.  H.  took  his  seat,  and 
|r,  Hubbard  Tbeing  in  the  chair)  decided  that 

e  remarks  or  Mr.  H.  did  not  impugn  the  mo- 

1  of  any  man — they  were  only  descriptive 
[the  effects  of  certain  proceedings  upon  the 
m  of  South  Carolina,  and  that  he  was  not 
kt  of  order.] 
I'Mr.  H.  rrsumed:  It  is  the  newspaper  which 

idemns  or  ridicules  the  well-meant  efforts  of 
koiccr  of  the  government  to  stop  tht  circu- 
Kion  of  incendiary  publications  in  the  dlave- 
Vding  States,  and  which  designedly  magnifies 

e  number  and  the  efforts  of  the  Northern  abo- 


litionists. It  is  the  newspaper  which  IIIm'Is  tlip 
whole  North  by  n'pit'sentiiig  the  iilino!»t  unit'i] 
people  of  that  region  to  l»o  in.siiiciTo  in  their 
efforts  to  ]ireveiit  the  ini.M'hiof  of  a  fvw  fanati- 
cal and  iiiisj.iiide<l  jh-Tsohs  who  aiv  iii^,'ag«l  in 
the  abolition  cause. 

"  I  have  before  me  a  copy  of  this  ni'\vspa|M'r 
(the  i'nited  .SV(///»  Tthtsniph),  filled  to  tin- 
brim  with  the  exciting  suliject.  It  contains, 
among  other  things,  a  speech  of  an  honorable 
senator  (Mr.  Ix-igh  of  Virginia),  which  I  shall 
not  be  surpri.sed  soon  to  learn  has  been  issued 
by  thousands  and  tens  of  thousands  from  tlio 
abolition  mint  at  New-York,  for  circulation  in 
the  South.  Surely  the  honorable  senator's 
speech,  containing  that  part  of  the  Chaniiing 
pamphlet,  is  most  likely  to  move  the  Southern 
slaves  to  a  servile  war,  at  the  same  time  the 
Channing  extracts  and  the  speech  itself  are  most 
admirably  calculated  to  awaken  the  fears  or 
arouse  the  indignation  of  tlicir  masters.  The 
circulation  of  such  a  speech  will  efl'ect  the  oli- 
ject  of  the  abolitionists  without  trenching  upon 
their  funda.  Let  the  agitation  be  kept  uji  in 
Congress,  and  let  this  newspaper  be  extensively 
circulated  in  the  South,  filled  with  such  speeches 
and  such  extracts  as  this  exhibits,  and  little 
wi'l  be  left  for  the  Northern  abolitionists  to  do. 
They  need  do  no  more  than  send  in  their  peti- 
tions: the  late  printer  of  the  Senate  and  his 
friends  in  Congress,  will  create  enough  of  ex- 
citement to  efl'ect  every  object  of  those  who  di- 
rect the  movements  of  the  abolitionists." 

At  the  same  moment  that  these  petitions 
were  presented  in  the  Senate,  their  counterparts 
were  presented  in  the  House,  with  the  same  de- 
clarations from  Northern  representatives  in  favor 
of  the  rights  of  the  South,  and  in  depreciation 
of  the  number  and  importance  of  the  abolition- 
ists in  the  North.  Among  these,  Jlr.  Franklin 
Pievre,  of  New  Hampshire,  was  one  of  the  most 
emphatic  on  both  points.    He  said : 

"  This  was  not  the  last  memorial  of  the  same 
character  which  would  be  sent  here.  It  wa.s 
perfectly  apparent  that  the  question  must  be 
met  now,  or  at  some  future  time,  fully  and  ex- 
plicitly, and  such  an  expression  of  this  House 
given  as  could  leave  no  possible  room  to  doubt 
as  to  the  opinions  and  sentiments  entertained  by 
its  members.  He  (Mr.  P.),  indeed,  considered 
the  overwhelming  vote  of  the  House,  the  other 
day,  laying  a  memorial  of  similar  tenor,  and,  he 
believed,  the  same  in  terms,  upon  the  table,  as 
fixing  upon  it  the  stamp  of  reprobation.  lie 
supposed  that  all  sections  of  the  country  would 
be  satisfied  with  that  expression ;  but  gentlemen 
seemed  now  to  consider  the  vote  as  equivocal 
and  evasive.  He  was  xmwilling  that  any  impu- 
tation should  rest  upon  the  North,  in  conse- 
quence of  the  misguided  and  fanatical  zeal  of  a 
few — comparatively  very  few — who,  however 


CIG 


TITTRTY  YEAJUi'  VIEW. 


honest  niip-ht  liarc  liecn  tlipir  purposes,  h»>  bc- 
lievi'fi  l.jvl  (lone  incalciiluhio  mi.schief.  nncj  whoso 
nioviineiitH.  he  knew,  receivofi  no  more  sanction 
.■iinoiif;  the  j;feiit  tnass  of  the  people  of  the 
North,  than  they  did  at  the  South.  For  one, 
lie  (.Mr.  P.),  while  he  wouhl  Iks  the  last  to  in-  i 
fiiiijre  iii)ou  any  of  the  sacred  reserved  rights  I 
of  tlie  jK-oplc,  wa.s  prepared  to  etuinp  with  dis- 
ajipn-hation,  in  the  most  expre.sa  and  unequivo- 
cal terms,  the  wliole  movement  upon  this  sul> 
ject,  Mr.  P.  said  he  would  not  re:  ume  his  scat 
without  tendering  to  the  pent.cu;  ..  from  Virgi- 
nia (Mr.  Mason),  Just  and  genert  :is  n.«  he  always 
was,  hid  acknowledgments  for  tiie  '.ulmission 
frankly  made  in  the  opening  of  h  :,  remarks, 
lie  had  .said  that,  during  the  pt  iod  that  he  had 
cxicupied  a  scat  in  this  House  (as  Mr.  P.  under- 
stood him),  he  had  never  known  six  men  seri- 
ously disposed  to  interfere  with  the  rights  of 
the  slaveholders  at  the  South.  Sir,  said  Mr.  P., 
gentlemen  may  be  assured  there  was  no  such 
disposition  as  a  general  sentiment  prevailing 
among  the  people ;  at  least  he  felt  contidence  in 
assorting  that,  among  the  people  of  the  State 
which  ho  had  the  honor  m  part  to  represent, 
tliere  was  not  one  in  a  hundred  who  did  not 
entertain  tlie  most  sacred  regard  for  the  rights 
of  their  Southern  brethren — nay,  not  one  in  five 
hundred  who  would  not  have  those  rights  pro- 
tected at  any  and  every  hazard.  There  was  not 
the  slightest  disposition  to  interfere  with  any 
rights  secured  by  the  constitution,  which  binds 
together,  and  which  he  humbly  hoped  ever 
would  bind  together,  this  great  and  glorious 
confederacy  as  one  family.  Mr,  P.  had  only  to 
say  that,  to  some  sweeping  charges  of  improper 
interference,  the  action  of  the  people  of  the 
North  at  home,  during  the  last  year,  and  the 
vote  of  their  representatives  here  the  other  day, 
was  a  suflicient  and  conclusive  answer." 

The  newspaper  named  by  Mr.  Hill  was  en- 
tirely in  the  interest  of  Mr.  Calhoun,  and  the 
course  which  it  followed,  and  upon  system,  and 
incessantly  to  got  up  a  slavery  quarrel  between 
the  North  and  the  South,  was  undeniable — every 
daily  number  of  the  paper  containing  the  proof 
of  its  incendiary  work.  Mr.  Calhoun  would 
not  reply  to  Mr.  Ilill,  but  would  send  a  paper 
to  the  Secretary's  table  to  be  read  in  contradic- 
tion of  his  statements.  Mr.  Calhoun  then  hand- 
ed to  the  Secretary  a  newspaper  containing  an 
article  impugning  the  statement  made  by  Mr. 
Pierce,  in  the  House  of  Representatives,  as  to 
the  small  number  of  the  abolitionists  in  the  State 
of  New  Hampshire ;  which  was  read,  and  which 
contained  scurrilous  reflections  on  Mr.  Pierce, 
and  severe  strictures  on  the  state  of  slavery  in 
the  South.  Mr.  Hill  asked  for  the  title  of  the 
newspaper ;  and  it  was  given,  "  The  Herald  of 


FrcctlomV    Mr.  Hill  said  it  was  an  ak!,' 
paper,  printed,  but  not  circulated,  at  C'.mo 
New  Hampshire,     He  said  the  same  parx,.  \ 
been  sent  to  him,  and  '.le  saw  in  it  one  of  vJ 
Calhoun's  speeches;  which  was  ropuhlixfio*! 
good  food  for  the  abolitionists ;  and  ?aid  U 
thought  the  Senate  was  well  emplovcd  In  ijsif 
ing  to  the  reading  of  disgusting  cMracu  fr«fc 
an  hireling  abolition  paper,  for  the  purpose  J 
impugning  the  statements  of  a  member  of  tj 
House  of  Kiprcsontatives,  defending  the  ^ou'] 
there,  and  who  could  not  be  hero  to  defend  I 
self.    It  was  also  a  breach  of  parliamertarv  I J 
for  a  member  in  one  House  to  attack  what  m 
said  by  a  member  in  another.     Mr.  Yw^l 
statement  had  been  heard  with  great  satisfactioJ 
by  all  except  Mr.  Calhoun ;  but  to  him  it  „ 
so  repugnant,  as  invalidating  his  assertion  of  i 
great  abolition  party  in  the  North,  that  he  coulj 
not  refrain  from  this  mode  of  contradicting  i 
It  was  felt  by  all  as  disorderly  and  improptJ 
and  the  presiding  officer  then  in  the  chair  (Mil 
Hubbard,  from  New  Hampshire)  felt  h'nistJ 
c:-.lled  upon  to  excuse  his  own  conduct  in  nl 
htving  checked  the  reading  of  the  article.  HI 
said: 

"  He  felt  as  if  an  apology  was  due  from  h'J 
to  the  Senate,  for  not  having  checked  the  rm 
ing  of  the  paragraphs  from  the  newspaper  wiiil 
had  just  been  read  by  the  Secretary.  He  wj 
wholly  ignorant  of  the  contents  of  the  papa 
and  could  not  have  anticipated  the  purports 
the  article  which  the  senator  from  South  t'aro 
lina  had  requested  the  Secretary  to  read, 
understood  the  senator  to  say  that  he  wisk 
the  paper  to  be  read,  to  show  that  the  statemeij 
made  by  the  senator  from  New  Hampshire,! 
to  the  feelings  and  sentiments  of  the  people  o 
that  State  upon  the  subject  of  the  abolition  o 
slavery,  was  not  correct.  It  certainly  wouij 
have  been  out  of  order,  for  any  senator  to  hail 
alluded  to  the  remarks  made  by  a  member d 
the  House  of  Representatives,  in  debate ;  am 
in  his  judgment,  it  was  equally  out  of  order  t 
permit  paragraphs  from  a  aewtpaper  to  be  rei 
m  the  Senate,  which  went  to  impugn  the  conn 
of  any  member  of  the  other  House ;  and  i 
should  not  have  permitted  the  paper  to  h\ 
been  read,  without  the  direction  of  the  ScnaJ 
if  he  had  been  aware  of  the  character  of  tq 
article." 

Mr.  Calhoun  said  he  was  entitled  to  theiia 
and  did  not  lilce  to  be  interrupted  by  the  chti 
ho  meant  no  disrespect  to  Mr.  Pierce, 
wished  the  real  state  of  things  to  be  known"' 
as  if  an  abolition  newspaper  was  better  autb 


ANNO  Isr.C).     ANDUKW  JACKSON.  rRFMDKNT. 


017 


Hill  said  it  was  an  »1k,!: 
tit  not  circulated,  at  C.)np  ^] 
He  said  the  sanic  paper  )j 
,  and  'le  saw  in  it  one  of  M-J 
les ;  which  was  rcpulili.hoii  ^^ 
he  abolitionists ;  and  ?aii  ij 
ite  was  well  employed  in  \m,., 
ing  of  disgusting  e:;tracu  fr; 
ition  paper,  for  the  purpx)..?  J 
statemcnta  of  a  inemy)er  of  tiJ 
sentatives,  defending  th"!  Sccj 


IF 
|[0  :<£ 


iould  not  be  here  to  dcfund  lno 

0  a  breach  of  parliamertarvbJ 

1  one  House  to  attack  what  irai 
iber  in  another.  Mr.  Picrct'J 
)cen  heard  with  great  satisfaciio^ 
T.  Calhoun ;  but  to  him  it 
3  invalidating  his  assertion  of  i 
party  in  the  North,  that  he  codj 
a  this  mode  of  contradicting  j 

all  as  disorderly  and  impropoJ 
ng  oETiccr  then  in  the  chair  (Mi! 
1  New  Hampshire)  felt  h'n»!| 

excuse  his  own  conduct  ia 
i  the  readirg  of  the  article.  h| 

if  an  apology  was  due  from  hi 

for  not  having  checked  the  re! 

graphs  from  the  newspaper  wliic 

read  by  the  Secretary.    He  w 

i  of  the  contents  of  the  pap 

[lave  anticipated  the  purport 

h  the  senator  from  South  t'ari 

sted  the  Secretary  to  read. 

senator  to  say  that  he  wis) 
,  read,  to  show  that  the  statemei 
senator  from  New  Hampshire, 
and  sentiments  of  the  people 
the  subject  of  the  abolition 
jot  correct.     It  certainly  woul 
of  order,  for  any  senator  to  ki 
remarks  made  by  a  member 
Representatives,  in  debate ;  ai 
;.  it  was  equally  out  of  order 
pphs  from  a  newspaper  to  be  n 
which  went  to  impugn  the  coui 
sr  of  the  other  House;  and 
ve  permitted  the  paper  to  to 
hout  the  direction  of  the  Ser' 
aware  of  the  character  of 

said  he  was  entitled  to  the  ila 
^e  to  be  interrupted  by  the  chi 

disrespect  to  Mr.  Pierce, 
il  state  of  tilings  to  be  known"' 
.on  newspaper  was  better  auth( 


than  a  st.itcmcnt  from  a  member  in  his  piace 
the  Hon.'*.  It  happened  that  Mr.  Pierce  was  ' 
nr.in2  into  the  Senate  Chanil)cr  as  this  reading  I 
'^r,f  was  going  on ;  and.  Wing  greatly  snr-  | 
itd.  and  ft'i'linR  """"^  aggrieved,  and  having 
i,(  to  ppeak  for  ■'elf,  he  spoke  to  the  ' 
ihor  of  this  View  to  .  liatain  the  truth  of  : 
ist.itcmcnt  against  the  bcurrilous  contradic- 1 
in  of  it  which  had  been  rend.  Mr.  Benton,  | 
rtf.ire,  stood  up— 

-To  .'^av  a  word  on  the  subject  of  Mr.  Pierce, 
member  of  the  House  of  Representatives, 
1^  }s'cw  Hampshire,  whose  .'statcmonts  in  the 
"oiise  of  Representatives  had  been  contradicted 
the  ncwspai)er  article  read  at  the  Secretary's 
iMe.  He  had  the  pleasure  of  an  intimate  ac- 
m^ntanc  'ith  that  gentleman,  and  the  highest 
^lioct  for  him,  both  on  his  own  account  and  that 
'{lis venerable  and  patriotic  father,  who  was 
l^.lv  Governor  of  New  Hampshire.  It  had  so 
fpcncd  (s=aid  Mr.  B.)  that,  in  the  very  moment 
,the  reaaing  of  this  article,  the  member  of  the 
louse  of  Representatives,  whose  statement  it 
Btradictcd,  was  coming  into  the  Senate  Cham- 
r,  and  his  whitening  countenance  showed  the 
[p emotion  excited  in  his  bosoi.i.  The  state- 
nt  which  that  gentleman  had  made  in  the 
lo,i;e  was  in  the  highest  degree  consolatory 
aLTCcable  to  the  people  of  the  slavcholding 
ite.!.  He  had  said  that  not  one  in  five  hun- 
in  his  State  was  in  favor  of  the  abolition- 
y,  an  expression  understood  hy  every  body, 
It  as  an  arithmetical  proposition  worked  out 
Hrc5,  but  as  a  strong  mode  of  declaring 
rt  thece  abolitionists  were  few  in  number. 
that  sense  it  was  understood,  and  was  a  most 
ilcome  and  agreeable  piece  of  information  to 
people  of  the  slavcholding  States.  The 
spaper  article  contradicts  him,  and  vaunts 
number  of  the  abolitionists,  and  the  numer- 
signers  to  their  petition.  Now  (t.aid  Jlr. 
I,  the  member  of  the  House  of  Representa- 
;S  (Mr.  Pierce)  has  this  moment  informed 
that  he  knows  nothing  of  these  petitions, 
Imoivs  nothing  to  change  his  opinion  as  to 
small  number  of  abolitionists  in  his  State. 
B.  thought,  therefore,  that  his  statement 
it  not  to  be  considered  as  discredited  by  the 
TOper  publication  ;  and  he,  for  one,  should 
give  ikith  to  his  opinion." 

■nhis  eagerness  to  invalidate  the  statement 

IMr.  Pierce,  Mr.  Calhoun  had  overlooked  a 

(cism  of  action  in  which  it  involved  him. 

I  to  suppress  the  mail  transmission  of  in- 

.y  publications  was  still  before  the  Senate, 

I  yet  decided;  and  here  was  matter  .ead  in 

[Senate,  and  to  go  forth  as  part  of  its  pro- 

ings.  the  most  incendiary  and  diabolical  that 

I  yet  been  seen.  This  oversight  was  perceived 


by  the  author  ff  this  Viiw,  who.  nftor  vimli- 
eating  the  statenunt  of  M:-.  I'icra',  winl  .n  to 
expose  lhi8  sohcisni,  anil — 

"Took  uj)  the  bill  n'purtcd  by  the  silocr 
coinMiittee  on  incondiary  piiliiiratioiis,  unci  riad 
the  section  which  forliU'le  tluir  transmission  by 
mail,  and  sulyected  tlio  postiiiastcrs  to  titie  au'l 
loss  of  oflice.  who  would  ptit  tin  lu  up  for  trans- 


mission; and  wished  to  know  wlietliiT  tliis  in 
cendiary  publication,  which  had  bicu  rc;id  at 
the  Secretary's  table,  wouhl  be  iuclu'lcd  in  the 
prohibition,  after  being  so  read,  and  thus  be- 
coming a  part  of  our  debates?     As  a  publica- 
tion in  New  Hampshire,  it  was  cloiirly  forliid; 
as  part  of  our  congressional  iiroceediiuis  would 
it  still  be  forbid?    There  was  a  didicidly  in 
this,  he  said,  take  it  either  away.     If  it  could 
still  be  inculc.itcd  from  this  lloor,  then  the  pro- 
hibition in  the  bill  was  mere  child's  jday  ;  if 
it  could  not,  and  all  the  city  papers  which  con- 
tained it  were  to  be  stopped,  then  the  otlici 
congressional  proceedings   in   the  same   paper 
would  be  stopped  also ;  and  thus  the  pcojjle 
would  be  prevented  from  knowing  what  their 
representatives  were  doing.    It  seemed  to  him 
to  be  but  lame  work  to  stop  incendiary  publi- 
cations in  the  villages  where  they  were  printed, 
and  then  to  circulate  them  from  this  chamber 
among  the  proceedings  of  Congress ;  and  that, 
issuing  from  this  centre,  and  sjjreading  to  all 
the  points  of  the  circumference  of  this  extended 
Union,  one    reading  hero  would  give   it   ten 
thousand  times  more  notoriety  and  diflusion 
than  the  printing  of  it  in  the  village  could  do. 
Ho  concluded  with  expressing  his  wish  that  the 
reporters  would  not  copy  into  their  account  of 
debate  the  paper  that  was  read.     It  was  too 
0  (Tensive  to  tlie  member  of  the  TTouse    [Mr. 
Pierce],  and  would  be  too  disagrtoable  to  the 
people  of  the  slavcholding  States,  to  be  entitled 
to  a  place  in  our  debates,  and  to  become  a  part 
of  our  congressional  history,  to  be  dilfused  over 
the  country  in  gazettes,  and  transmitted  to  pos- 
terity in  the  volumes  of  debates.    He  hoped 
they  would  all  omit  it." 

The  reporters  complied  with  this  request, 
and  the  Congress  debates  were  spared  the  pol- 
lution of  this  infusion  of  scurrility,  and  the 
permanent  record  of  this  abusive  assault  upon 
a  member  of  the  House  because  he  was  a  friend 
to  the  South.  But  it  made  a  deep  impression 
upo'i  senators;  and  Mr.  King,  of  Georgia,  ad 
verted  to  it  a  few  days  afterwards  to  show  the 
strangeness  of  the  scene — Southern  senators 
attacking  their  Northern  friends  because  they 
defended  the  South.    He  said : 

"It  was  known  that  there  was  a  talented, 
patriotic,  and  highly  influential  member  of  the 
other   House,    from    New   Hampshire    [Mr. 


618 


THIRTY  YEARS'  VIKU'. 


Pierw],  to  whose  <Iili>rencc  and  leterraincd 
ctTortH  1)0  )ia>l  ht'urd  attrilmtcd,  iii  a  )<;rL'ul  du- 
frrco,  the  iirosent  jimstnite  conditiim  of  tlie 
nbi)Iilioni>ls  in  li.at  Statf.  He  liad  btcn  the 
open  and  aclive  friend  of  the  South  from  the  be- 
pinninff,  and  liad  encountered  the  liohtility  of 
the  abolilionisis  in  every  form.  lie  hud  mode 
a  rtatenicnt  of  the  -s'renfitli  and  jDrospects  of 
the  abolitionists  in  his  State,  n  ur  the  com- 
jnencement  of  the  session,  that  v::>  very  grati- 
flying  to  the  peojjle  of  the  Soutli.  This  state- 
ment was  corroborated  by  ^ne  of  iJ^e  senators 
from  that  State  a  few  days  after,  ami  the  sena- 
tor from  Carolina  rose,  and,  without  due  re- 
flection, he  was  very  suie,  drew  from  iiis  jwcket 
ft  dirty  sheet,  an  abolition  paper,  coaliiininR  a 
scurrilous  article  agiinstthemcaber  fr<)ii;  New 
Tlauipshire,  which  pronounced  him  an  iji\iK)stor 
u'ld  II  liar.  The  same  thing  in  effect  find  just  been 
repciited  by  the  senator  from  iMississip|)i  against 
o:i(>  of  the  host  frieiid?  of  the  South,  Gov  i.ior 
Marc}',  of  New-York.  [Hi  re  Mr.  Calhoun 
use  to  explain,  ninl  .•ai.l  he  had  intended,  by 
the  inti-.lucti' ii  (jf  tlie  paper,  no  disrespect  to 
the  member  fr  .to  Xev,-  Hampshire ;  and  Mr. 
Ulack  also  rose  lo  say  lu.  only  wislied  to  show 
the  c(iur.«e  the  abolilioniRts  wore  pursuing,  and 
their  future  view?.]  ^'. .  King  s;»i<i  he  had  been 
inter"U]ited  hy  tlii'  sr;n:iiors,  bu+  corrected  by 
neither  of  them,  ilo  was  not  attacking  their 
motives,  bi;t  only  exposing  their  mistakes.  The 
article  read  by  his  friend  from  Carolina  was 
abusive  of  the  member  from  New  Hampshire, 
and  contradicted  his  statements.  The  article 
read  by  inH  friend  from  Mississippi  against  Gov- 
ernor Marov  was  of  a  similar  character.  It 
abused,  meiinced,  and  contradicted  him.  These 
abusive  productions  would  seem  to  be  credited 
and  adopted  by  those  who  used  them  as  evi- 
dence, and  incorporated  them  in  their  speeches. 
Here,  then,  was  a  contest'  in  the  North  be- 
tween the  most  open  and  avowed  friends  of  the 
South  and  the  abolitionists;  and  we  had  the 
strange  exhibition  of  Southern  gentlemen  ap- 
parently espousing  the  cause  of  the  latter,  who 
were  continually  furnishing  them  evidence  w'th 
which  to  aid  them  in  the  contest.  Did  gentle- 
men call  this  backing  their  friends  ?  What  en- 
couragement did  such  treatment  afford  to  our 
friends  at  the  North  to  step  forth  in  our  be- 
half? » 

Mr.  King  did  not  limit  himself  to  the  defence 
of  Mr.  Pierce,  but  went  on  to  deny  the  increase 
of  abolitionism  at  the  North,  and  to  show  that 
it  was  dying  out  there  until  revived  by  agitation 
here.    He  said : 

"  A  great  deal  had  been  stated  in  one  form  or 
other,  and  in  one  quarter  or  other,  as  to  the 
numbers  and  increase  of  these  disturbers  of  the 
peace ;  and  he  did  not  undertake  to  say  what 
was  the  fact.  He  learned,  and  thought  it  pro- 
bable, that  they  had  increased  since  the  com- 


mencement of  the  session,  and  had  h-arij  al„,  i 
increase  attributed  to  the  manner  in  wKid  !,* 
subject  had  been  treated  here,     ilowmr ,' 
might  be,  what  he  insisted  on  was.  tliat  il  * 
base  productions  were  no  eviflcnce  of  tin.  iA 
or  of  any  fact ;  and  especially  shoulii  notU.,NJ 
by  Southern  men,  in  oppr>,iti.,r>  to  i!ie  (Jj 
ments  of  high-mindcii    Iiouorftl!.'  d,.  i.  j,  " 
Xorih,  who  were  the  lictive  and  elBti  ■•>i  •  i    « 
of  the  South."  '"'''* 

As  an  evidence  of  the  maiiner  in  which  j  ,j 
English  en)i,-sary,  Ot'ir;rc  TIi(.'.',)8o.,, :,  ,i  i, 
treat(d  in  fiio  North,  upon  whosc  lalwi 
rniK'h  stress  h\d  been  i  .id  in  the  South  Jlij 
KiiAir  read  from  n  English  newspaptr 
Leoils  Mercury),  Thomfson's  own  account  i 
his  mission  ivs  written  to  hlb  English  (1111,1^, 
thus: 


"  Letters  of  a  mc  '-t  disti'eKsn      ,  iturt'  u,; 
been  rcceiv  ■  I  frci  i  Mr.  C-orge  ':'^i  .nps 
zealous  and  devoted  missioj.ary  of  shivctu 
cipation,  who  has  gone  from  this  country  to  \H 
United  States,  and  who  writes  from  R,;]. 
He  says  that  'tiie  North  (that  is,  ^qwM 
land,    where    slavery    does    not   cxist\ 
universally  sympathized  with  the  South.' 
opposition  to  th(!  abolitionists;  that  'tlio.N'J 
ha»  let  fall  the  mask;'  that  ' merchants  ai 
me  \ianics,  priesxs  and  politicians,  have  alil 
stoo  I  forth  the  defenders  of  Southern  despoj 
and  the  furious  denouncers  of  Northern  phij 
thropy ; '  that  all  parties  of  politics,  csptciil 
the  supporters  of  th.  two  rivals  for  the  pre 
dential  office  (Van  Buren  and  Webster), 
with  each  other  in  denouncing  the  abolitioniji 
and  that  even  religious  men  shun  them,  cjm 
when  the  abolitionists  can  fairly  gainalieai 
from  them.    With  regard  to  himself,  he  sp 
as  follows :  '  Rewards  are  offered  for  my  abdj 
tion  and  assaesination ;  and  in  every  diicctioj 
meet  with  those  who  believe  they  wo 
doing  God  and  their  country  service  1 
ing  me  of  life.    I  have  appeared  in  public,] 
some  of  my  escapes  from  the  hands  of  rayfj 
have  been  truly  providential.    On  Friday  It 
I  narrowly  escaped  losing  my  life  in  Conco 
New  Hampshire.'     '  Boston,  September  IL 
This  morning  a  short  gallows  was  found  sti 
ing  opposite  the  door  of  my  house,  23  Bay-stn 
in  this  city,  now  occupied  by  Garrison.  Tl 
halters  hung  from  the  beam,  «vith  the  irof 
above  them,  By  order  of  Judge  Lynch!'" 

Mr.  Hill  corroborated  the  account  whiciitl 
emissary  gave  of  his  disastrous  mission! 
added  that  he  had  escaped  from  Concord  in  f 
night,  and  in  woman's  clothes :  and  then  s 

"  The  present  agitation  in  the  North  is  t 
up  by  the  application  of  money  5  it  is  a  stitd 
things  altogether  forced.   Agents  are  hini^ 


ASN'O  183rt.    ANDUKW  JACKSON.  ITRSIDENT. 


610 


he  wssion,  and  ha«l  h.-aril  alu,  ,J 
ittd  to  tlio  maniur  in  wi„f|, „] 
;ou  treated  here.  lI<Avi\vri;j 
t  ho  insisted  on  was.  that  \\," 
n8  were  no  evidtnct-  of  th,.  i^,^ 
and  especially  sliouM  notUiN 
ncn,  in  oppo;,iti'»n  to  'An  nrm 
i-mindcil,  lioiwial).'  m..),  ^  ^{j 
■re  the  wcti ve  imd  »;Jflcl.;,it  jfim,)^ 

ncc  of  the  tnauncr  inwliidnj 
iry,  Gf'tr;:e  Tlio-.'^/so.,. :,  (i  ],,^ 
0  North,  upon  whoic  lalxir.; 
\t:d  been  i  .id  in  the  South,  mJ 
oiA    n  English  newspaper 
•y),  Thomison's  own  account 
written  to  hlb  Engli'ih  wiiiik 


f  n.  met  distrensiv      ,  it.iiro 

frf.r.'i  Mr.  t'oorpe  :'^i..iipson,ii| 
levoted  missif.i.ary  of  slave  en 
has  gone  from  this  country  to  tH 
15,  and  who  writes  from  'BostoJ 
t  'tiso  North  (that  is,  NewEn| 

slavery    does    not   exift\  hi 
lympathized  with  the  South.'! 
th«!  abolitionists ;  that '  the  Xort 
the  mask;'  that  ' merchants  ai 
riesx.^   and  politicians,  have  all 
he  (kfonders  of  Southern  (le?ixi| 
us  denouncers  of  Northern  phila 
it  all  jitirties  of  politics,  especii 
rs  of  tlii.'  two  rivals  for  the  pre 
3  (Van  -Buren  and  "Webster), 
ler  in  denouncing  the  abolitioniiij 
n  religious  men  shun  tlicm,  cxce 
Dlitionist'.  can  fairly  gain  a hea ' 
With  regard  to  himself,  lie  sp 
Rewards  are  offered  for  myabdJ 
iBsination ;  and  in  every  diicctioJ 
;hose  who  believe  they  would 
nd  their  country  service  by  dcpil 
■e.    I  have  appeared  in  public,  d 
escapes  from  the  hands  of  ray  (J 
nily  providential.    On  Friday  l-* 
jscaped  losing  my  life  in  Conn 
shire.'     'Boston,  September  11 
ig  a  short  gallows  was  found  s 
the  door  of  my  house,  23  Bay-stn 

now  occupied  by  Garrison,  Tl 
from  the  beam,  ivith  the  ffC 

By  order  of  Judge  Lynch!'" 


jorroborated  the  account  which  tl 
ive  of  his  disastrous  mission,! 
le  had  escaped  from  Concord  in  j 
I  woman's  clothes :  and  then  s 

sent  agitation  in  the  North  is  k 
pplication  of  money ;  it  is  astitt 
ether  forced.   Agents  are  hmil 


if  slavery  whore  slavery 


M-A  in  the  character  of  ministers  of  the  CJob- 

![  (.1  ptvach  abolition  of  slave: 

I'ti  iiiit  exist ;  and  presses  are  kept  in  consUn't 
Lnplonneiil  to  watt<T  abolition  publications 
I  lirciigh  the  country.    Deny  the  right  of  |K;tition 


ry  wl 
!  kept 


111  the  misguided  men  and  women  who  arc  in- 
1  from  no  bad  motive  to  petition  for  the 
|ii.iition  of  slavery  in  the  District  of  Columbia, 
Imdyiu  <1'^  """■''  ^°  increase  their  nimibcrs  than 
fiill'thouwnds  of  dollars  paid  to  the  emissaries 
[ /so  traverse  tho  country  to  distribute  abolition 
\;    j  am!  to  spread  abolition  doctrines.     Con- 
.ue  to  debate  abolition  in  cither  branch  of 
Anjress,  and  you  more  effectually  sub.serve 
Jilie  iiicemliary  views  of  the  movers  of  aboliiion 
jtU'.]  iny  tiling  they  can  do  for  themselves,    ii 
Ijiiv  suit  tliose  who  have  been  disappointed  in 
■  ■ilieir  political  projects,  to  try  what  this  sub- 
tofalwlition  will  now  avail  them.  Such  men 
Till  be  likely  to  find,  in  the  end,  that  the  peo- 
ple have  too  strong  attachment  for  that  happy 
I'nion,  to  which  we  owe  all  our  prosperity  and 
Lppiness,  to  be  thrown  from  their  propriety  at 
Itery  agitating  blast  which  may  be  blown  across 
Lland." 

Mr.  Webster  gave  his  opinion  In  favor  of  re- 
viving the  petitions,  not  to  grant  their  prayer, 
Lt  to  yield  to  a  constitutional  right  on  tho  part 
l[the  petitioners ;  and  said : 

"•lie  tliDiight  they  ought  to  be  received,  rc- 
Irred,  and  considered.     That  was  what  was 
bually  done  with  petitions  on  other  subjects, 
Li  what  had  been  uniformly  done,  heretofore, 
lith  petitions  on  this  subject  also.    Those  who 
Vjeved  they  had  an  undoubted  right  to  petition, 
U  that  Congress  had  undoubted  constitutional 
■ihority  over  the  subjects  to  which  their  peti- 
m  related,  would  not  be  satisfied  with  a  re- 
sal  to  receive  the  petitions,  nor  with  a  formal 
teption  of  them,  followed  by  an  immediate 
jite rejecting  their  prayer.    In  parliamentary 
Ills  there  was  some  difference  between  these 
Iro  modes  of  proceeding,  but  it  would  be  con- 
jdered  as  little  else  than  a  difference  in  mere 
n,  lie  thought  the  question  must  at  some 
J  be  met,  considered,  and  discussed.   In  this 
ittcr,  as  in  others,  Congress  must  stand  on  its 
pns.  It  was  in  vain  to  attempt  to  shut  the 
»r  Bjpiinst  petitions,  and  expect  in  that  way 
I  avoid  discussion.    On  tho  presentment  of  the 
jstof  tiiese  petitions,  he  had  been  of  opinion 
■t  it  ought  to  be  referred  to  the  proper  com- 
ittee.  lie  was  of  that  opinion  still.    The  sub- 
it  could  not  be  stifled.    It  must  be  discussed, 
i  he  wished  it  should  be  discussed  calmly, 
passionately,  and  fully,  in  all  its  branches,  and 
|iu  bearings.    To  reject  the  prayer  of  a  pe- 
)n  at  once,  without  reference  or  considcra- 
iwas  not  respectful;  and  in  this  case  noth- 
icould  be  possibly  gained  by  going  out  of  the 
Til  course  of  respectful  consicferation." 

m  trial  votes  were  had  upon  the  petition 


of  tho  Soeii'.y  of  Friends,  tho  C.iln  jntiii..,,  ; 
and  on  Mr.  Calhoun's  motion  to  nfiise  to  rm-iv.. 
it.  His  motion  was  largely  rejected— 3.^  to  10. 
The  vote  torecivt  was:  Messrs.  lUnt-.n,  lin.wii, 
Buchanan,  Clay,  Clnyto,,,  Ci  ttmden,  DuNis^ 
Kwingof  Illinois.  Kning  of  Ohio,  (Jold.sboroiiglL 
Gnmdy,  Hendricks,  Hill,  llubburd,  Kent,  Kin;: 
of  Alabama,  King  of  (ieorgia,  Knitriit,  I.inn,  Mc 
Kean,  Morri.s,  Naudain,  Nilcs,  Prentiss,  Uobbins. 
Robinson,  Ruggles,  Shepley,  Southard,  .Swift! 
Tallmadgo,  Tipton,  Tomlinson,  Wall,  Wi  hstcr, 
Wright.  The  nays  were :  Messrs,  JJluck,  Cal- 
houn,  Cuthlwrt,  Leigh,  Moore,  Nicholius,  Porter. 
Preston,  AValkcr,  White. 

The  motion  to  reject  tho  petition  being  thui 
lost  (only  a  meagre  minority  of  the  Southern 
members  voting  for  it),  the  motion  to  reject  itn 
prayer  next  came  on ;  and  on  that  motion  M.\ 
Calhoun  refused  to  vote,  saying : 

"The  Senate  has  by  voting  to  receive  this 
petition,  on  tho  ground  on  which  the  reception 
was  placed,  assumed  the  princii)le  that  we  are 
bound  to  receive  petitions  to  abolish  slavery, 
whether  in  this  District  or  the  States ;  that  is, 
to  take  jurisdiction  of  the  question  of  abolishing 
slavery  whenever  and  in  whatever  manner  tho 
abolitionists  may  think  proper  to  piesent  tho 
question.  He  considered  this  decision  pregnant 
with  consequences  of  the  most  disastrous  char- 
acter. AVhcn  and  how  they  were  to  occur  it 
was  not  for  him  to  predict ;  but  ho  could  not 
be  mistaken  in  the  fact  that  there  nmst  follow 
a  long  train  of  evils.  What,  he  would  ask,  must 
hereafter  be  the  condition  on  this  floor  of  tho 
senators  from  the  slaveholding  States  ?  No  one 
can  expect  that  what  has  been  done  will  arrest 
the  progress  of  the  abolitionists.  Its  effects  must 
be  the  opposite,  and  instead  of  diminishing  must 
greatly  increase  the  number  of  the  petitions. 
Under  the  decision  of  the  Senate,  we  of  tho 
South  are  doomed  to  sit  here  and  receive  in  si- 
lence, however  outrageous  or  abusive  in  their 
language  towards  us  and  those  whom  we  re- 
present, the  petitions  of  tho  incendiaries  who 
are  making  war  on  our  institutions.  Nay,  more, 
we  are  bound,  without  tho  power  of  resistance 
to  see  the  Senate,  at  the  request  of  these  incen- 
diaries, whenever  they  think  proper  to  petition, 
extend  its  jurisdiction  on  the  subject  of  slavery 
over  the  States  as  well  as  this  District.  Thus 
deprived  of  all  power  of  effectual  resistano),  can 
any  thing  be  considered  more  hopeless  and  de- 
grading than  our  situation;  to  sit  here,  yeai 
after  year,  session  after  session,  hearing  our- 
selves and  our  constituents  vilified  by  thousands 
of  incendiary  publications  in  the  form  of  peti- 
tions, of  which  the  Senate,  by  its  decision,  is 
bound  to  take  jurisdiction,  and  against  which 
we  must  rise  like  culprits  to  defend  ourselves, 
or  permit  thcin  to  go  uncontradicted  and  uit> 


620 


THIRTY  YEARS'  VIEW. 


rpNinU-*!  7  We  niist  ultimfttcly  be  not  only  «!<•- 
ffrmled  in  niir  own  eslitnation  and  that  of  the 
wirld,  hilt  be-  extmuHtcd  und  worn  out  in  such  a 
contest." 

This  was  a  most  unjustifiable  assumption  on 
the  part  of  J.Ir.  Calhoun,  to  say  that  in  voting 
to  receive  this  petition,  confined  to  slavery  in 
the  District  of  Columbia,  the  Senate  took  juris- 
•  lictiun  of  the  question  in  the  States — jurisdiction 
of  the  question  of  abolishing  slavery  whenever, 
and  in  whatever  manner,  the  abolitionists  might 
ask.  It  was  unjustifiable  towards  the  Senate, 
and  giving  a  false  alarm  to  the  Soutlu  The  I 
thirty-five  senators  voting  to  receive  the  pcti- 1 
tion  wholly  repudiated  the  idea  of  interfering  I 
witli  slavery  in  the  States.  Twelve  of  them 
were  from  the  slavcholding  States,  so  that  Mr.  I 
Calhoun  was  outvoted  in  his  own  half  of  the 
Union.  The  petition  itself  was  confined  to  the 
object  of  emano'pation  and  the  suppression  ol 
the  slave  trade  in  the  District  of  Columbia, 
where  it  alleged,  and  truly  that  Congress  pos- 
sessed jurisdiction ;  and  there  was  nothing 
either  in  the  prayer,  or  in  the  language  of  the 
petition  to  justify  the  inferences  drawn  from 
its  reception,  or  to  justify  the  assumption  that 
it  was  an  insult  and  outrage  to  the  senators 
from  the  slavcholding  States.  It  was  a  brief 
and  temperate  memorial  in  these  words : 

"  The  memorial  of  Cain  Quarterly  Meeting  of 
the  Religious  Society  of  Friends,  commonly 
called  Quakers,  respectfully  represents:  That, 
having  long  felt  deep  sympathy  with  that  portion 
of  the  inhabitants  of  these  United  States  which 
is  held  in  bondage,  and  having  no  doubt  that 
the  happiness  and  interests,  moral  and  pecu- 
niary, of  both  master  and  slave,  and  our  whole 
community,  would  bo  greatly  promoted  if  the 
inestimable  right  to  liberty  was  extended  equal- 
ly to  all,  we  contemplate  with  extreme  regret 
that  the  District  of  Columbia,  over  which  you 
possess  entire  control,  is  acknowledged  to  be 
one  of  the  greatest  marts  for  the  traffic  in  the 
persons  of  human  beings  in  the  known  world, 
notwithstanding  the  principles  of  the  constitu- 
tion declare  that  all  men  have  an  unalienable 
right  to  the  blessing  of  liberty.  Wo  therefore 
earnestly  desire  that  you  will  enact  such  laws 
as  will  secure  the  right  of  freedom  to  evety  hu- 
man being  residing  within  the  constitutional 
jurisdiction  of  Congress,  and  prohibit  every 
species  of  trafSc  in  the  persons  of  men,  which 
ii  as  inconsistent  in  principle  and  inhuman  in 
practice  as  the  foreign  slave  trade." 

This  waa  the  petition.  It  was  in  favor  of 
emancipation  in  the  District,  and  prayed  the 
suppression  of  the  slave  trade  in  the  District ; 


and  neither  of  these  objects  had  »ny  rc'i- 
to  emancipotionor  the  slave  tmde,  in  tiip  Siit 
Mr.  Preston,  the  colleague  of  Mr.  CaHioun  n,j 
his  reasons  for  voting  to  reject  the  prnyin.ft 
petition,  having  failed  in  his  first  otij^t  t„  J 
ject  the  petition  itself:  ond  Mr.  Davis,  of  J^; J 
chusetts,  repulsed  the  inferences  and  ai.5.jn1 
tions  of  Mr.  Calhoun  in  consequence  of  the  v  J 
to  receive  the  petition.    Ho  denied  tlie  ju.,  \ 
of  any  suggestion  that  it  portended  rai-clii,f., 
the  South,  to  the  co.istitution,  or  to  tlic  Uni  jl 
or  that  it  was  to  make  the  District  tlic  ln^J 
quarters  of  abolitionists,  and  the  stepplno-st, 
ond  entering  wedge  to  tlie  attack  uf  sh\;r;] 
the  States :  and  said : 

"  Neither  the  petition  on  which  the  dt'oij 
had  arisen,  nor  any  other  that  ho  had  seen,  t^ 
posed  directly  or  indirectly  to  disturb  tlic  In 
unless  the  abolition  of  slavery  in  this  Iiistrjfi 
or  the  suppression  or  regulation  of  tlie  fiJ 
trade  within  it,  would  have  that  clfict.  FJ 
himself,  Mr.  D.  believed  no  purpose  cwM'l 
further  than  this  from  the  minds  <if  tlie  u4 
tioners.  He  could  not  determine  what  th>'\iM 
or  motives  might  be  in  the  minds  of  men.  I 
he  judged  by  what  was  revealed ;  and  liccoi 
not   persuade  himself   that   these  pctitionj 
were  not  attached  to  the  Union  and  that  m 
had  (as  had  been  suggested)  any  nlterior  pji 
pose  of  making  this  District  the  iKad-quartel 
of  future  operation — the  stronghold  of  anl 
slavery — the  stepping-stone  to  an  attack  uJ 
the  constitutional  rights  of  the  South.  He  wd 
obliged  to  repudiate  these  inferences  as  uiijiii 
for  he  had  seen  no  proof  to  sustain  them  in  ai, 
of  the  petitions  that  had  come  here.    The  pel 
tioners  entertained    opinions  coincident  wif 
their  fellow-citizens  as  to  the  power  ofCoi 
gress  to  legislate  in  rcfirrd  to  slavery  in  ti| 
District;  and  being  desiuus  that  slavery  shot 
cease  here,  if  it  could  be  abolished  upon  joi 
principles ;  and,  if  not,  that  the  traffic  ami 
on  here  from  other  quarters  should  be  6u| 
pressed  or  regulated,  they  came  here  to  i 
Congress  to  investigate  the  matter.    This  \ 
all ;  and  he  could  see  no  evidence  in  it  ofack 
destine  purpose  to  disregard  the  constitution  ^ 
to  disturb  the  Union." 

The  vote  was  almost  unanimous  on 
Buchanan's  motion — 34  to  6  ;  and  those  i 
against  it,  not  because  they  were  in  favor  I 
granting  the  prayer  of  the  memorialists,  1 
because  they  believed  that  the  petition  ou^ 
to  be  referred  to  a  committee,  reported  «;« 
and  then  rejected — ^which  was  the  ancient  e 
of  treating  such  petitions ;  and  also  the  moj 
in  which  they  were  now  treated  in  the  Ik 
olfeleprcscntatives.    The  vote  was : 


ANXO  1836.     ANDREW  JA(;KS«)N.  l'IlF>iif)KNT 


r,-2\ 


these  object 8  had  miy  rfli; 
or  the  slave  trade,  in  ilip  Su , 
5  colleagiio  of  Mr.  Callumn,  nid 
■otinR  to  reject  the  prayirifij 
failed  in  his  first  ot.jwtt.,-] 
I  itself:  and  Mr.  Davis,  of  Mi<  J 
ied  the  inferences  and  a>?;ti,J 
Ihoun  in  consequence  of  the  v; 
petition.    Ho  denied  the  ju.|„ 
on  that  it  portended  rairchuf  J 
he  co>A8titution,  or  to  tho  Itii ,n| 
to  raako  the  District  tlio  \n^ 
litionlstS;  and  the  stopping-?tin 
•cAffi  to  the  attack  of  ehvi  rj-  j 
d  said : 

10  petition  on  which  the  dtU 

r  any  other  that  he  had  hct,  [r, 

or  indirectly  to  disturb  tlie  In.  i 

(lition  of  slavery  in  this  Distrid. 

sssion  or  regulation  of  the  f\A 

it,  would  have  that  clfict.  wl 

D,  believed  no  purpose  cdiiM'J 

this  from  the  mind.s  ui  the  i*i 

)uld  not  determine  what  l\v\iM 

ight  be  in  the  minds  of  men. ' 

what  was  revealed ;  and  he  coiL 

0  himself   that   the.se  petitioneJ 

x:hed  to  the  Union  and  that  M 

l)een  sugpested)  any  nlterior  pal 

i<^  this  District  the  hcad-quartoJ 

e'ration— the  stronghold  of  an« 

stepping-stone  to  an  attack  uf<l 

,onal  rights  of  the  South.  lle«il 

mdiate  these  inferences  as  utija 

en  no  proof  to  sustain  them  ini 

ns  that,  had  come  here.    The 

iained    opinions  coincident 

jitizens  as  to  the  power  ofCoi 

;late  in  rc^rd  to  slavery  in  tH 

being  desiious  that  slavery  slwui 

_■  it  could  be  abolished  iiponjn 

id,  if  not,  that  the  traffic  cam 

n  other  quarters  should  be  siil 

■egulated,  they  came  here  to  •' 

nvestigate  the  matter.    This' 

)uld  see  no  evidence  in  it  ofacb 

ise  to  disregard  the  constitution  | 

Union." 

was   almost  unanimous  on 
motion— 34  to  6  ;  and  those  i 
because  they  were  in  favor  | 
prayer  of  the  memorialists,! 
believed  that  the  petition  oud 
to  a  committee,  reported  uj^ 
jted— which  was  the  ancient  ir- 
ich  petitions ;  and  also  the  mj 
were  now  treated  in  the  Mr 
atives.    The  vote  was: 


y^g—Messrs.  Benton,  Black,  Brown,  Bu- 
„  Clav,  Crittenden,  CuthU-rt,  Ew 


On  puttinf^  the  r]ur.stion  the  motion  was  di< 
vidid,  so  tM  to  liave  a   Hoparato  vote   on  th« 


"^•i,^:fl_Mi'.s.«r8.    Davis,   ilendrick.s.  Knight. 
PrvDWN  Swift,  Webster— (l.» 

\fttr  ilii^  decision,  Mr.  Webslor  gave  notice 
jthc  had  in  hand  several  similar  petition.s, 
ttich  he  had  forborne  to  present  till  this  one 
Lm  Pennsylvania  should  bo  disposed  of;  and 
Hiinoiv  be  should,  on  an  early  occasion,  present 
Lb  and  move  to  dispose  of  them  in  the  way 
nwhich  it  had  Ix'en  his  opinion  from  the  first 
at  all  such  petitions  should  have  In  en  treated; 
lit  is  referred  to  a  committee  for  considera- 
ion  and  inquiry. 

ITIie  action  of  the  House  of  R'  prescntatives 
now  be  seen  on  the  subject  of  these 
iititions;  for  duplicates  of  the  same  gene- 
^Iv  went  to  that  body ;  and  there,  under  the 
i  uf  a  South  Carolina  member,  and  with 
niajorities  of  the  House,  they  were  dis- 
Ld  of  very  difTerently  from  the  way  that  Mr. 
Uhoun  demanded  in  the  Senate,  and  in  the 
L  that  he  deemed  so  fatal  to  the  slaveholding 
bies,  Mr.  Henry  L.  Pinckney,  of  the  Charles- 
1  district,  moved  that  it  be — 

■Smked,  That  all  the  memorials  which 

Ivcijcen  otfered,  or  may  hereafter  be  presented 

J  tliis  House,  praying  for  the  abolition  of 

Lveryinthe  District  of  Columbia;  and  also 

e  resolutions  ofiered  by  an  honorable  member 

J  Maine  (Mr.  Jarvis ),  with  the  amendment 

Uto  proposed  by  an  honorable  member  from 

jiwinia  (Mr.    Wise),    together   with    every 

Lr  paper  or  proposition  that  may  be  submit- 

il  in  relation  to  the  subject,  be  referred  to  a 

kcl  committee,  with  instructions  to  report : 

itCongress  possesses  no  constitutional  author- 

ho  interfere  in  any  way  with  the  institution 

lilavery  in  any  of  the  States  of  this  confede- 

Lj:  and  that  in  the  opinion  of  this  House, 

Wss  ought  not  to  interfere,  in  any  way, 

1  flarery  in  the  District  of  Columbia,  be- 

s  it  would  be  a  violation  of  the  public  faith, 

tie,  impolitic,  and  dangerous  to  the  Union. 

Bgning  such  reasons  for  these  conclusions, 

[inthe  judgment  of  the  committee,  may  be 

(calculated  to  enlighten  the  public  mind,  to 

kj  excitement,  to  repress  agitation,  to  secure 

Imaintain  the  just  rights  of  the  slave-holding 

jtes.  and  of  the  people  of  this  District,  and 

iPtstore  harmony  and  tranquillity  amongst 

V»rious  sections  of  this  Union." 


«f- 


)n'i  (iivi.siDU 

That  Congress  po.sHesscs  no  ci>n.stitiitii>nal  aii«' 
thority  to  interfere,  in  any  way.  with  the  insti- 
tution of  slavery      any  of  the  .'^tatis,  the  vote 
was  201  to  r — the  seven  negatives  Uing  Mr. 
John  Quincy  Adam.s,  Mr.  Harmcr  Denny  of 
Pennsylv'.nia,  Mr.  William  Jackson,  .Mr.  Horacu 
Everetl  of   Vermont,  Mr.   Ilice    (Jarland    of 
Louisiana,  Mr.  Thomn.s  Glascock  of  Georgia, 
Mr,  William  Jackson,  Mr.  John  Uobcrt.son  of 
Virginia  j  and  they,  because  opposed  to  voting 
on  such  a  proposition,  deemed  gratuitous  ami 
intermeddling.    On  the  third  division,  of  tlio 
resolve.  That  Congress  ought  not  to  interfere 
in  any  way  with  slavery  in  the  District  of 
Columbia,  the  vote  stood  1G3  to  47.     And  on 
the  fourth  division,  giving  as  reasons  for  such 
non-interference.  Because  it  would  be  a  viola- 
tion of  the  public  faith,  unwise,  impolitic,  and 
dangerous  to  the  Union,  the  vote  was,  127  to  7.J. 
On  the  last  division.  To  assign  rc.isons  for  thi.s 
report,  the  vote  stood  107  to  C.    So  the  com- 
mittee   was    ordered,  and    consisted    of  Mr. 
Pinckney,  Mr.  Hamer  of  Ohio,  Mr.  Pierce  of 
New  Hampshire,    Mr.  Hardin  of    Kentucky, 
Mr.  Jarvis  of  Maine,  Mr.   Owens  of  Georgia, 
Mr.  Muhlenberg  of  Pennsylvania,  Mr.   Drom- 
goole  of  Virginia,  and  Mr.  Turrill  of  New- York. 
The  committee  reported,  and  digested  their  re- 
port into  two  resolutions,  Jirst,  That  Congress 
possesses  no  constitutional  authority  to  interfere, 
in  any  way,  with  the  Institution  of  slavery  In 
any  State  of  this  confederacy.    Stcondli/,  That 
Congress  ought  not  to  Interfere  In  any  way 
with  slavery  In  the  District  of  Columbia.   And, 
"for  the  purpose  of  arresting  agitation,  and 
restoring  tranquillity  to  the  public  mind,"  they 
recommended  the    adoption  of  this    resolve : 
"  That  all  petitions,  memorials,  resolutions,  pro- 
positions, or  papers  relating   In  any  way  to 
the  subject  of  slavery,  or  tke  abolition  of  slavery, 
shall,  without  either  being  printed  or  referred, 
be  laid  upon  the  table;  and  that  no  further 
action  whatever  be  had  upon  them."    All  these 
resolutions  were  adopted ;  and  the  latter  one  by 
a  vote  of  117  to  68 ;  so  that  the  House  canto 


C22 


THinrV'  VKARS*  VIEW 


to  the  name  coiiPfic  which  the  Senate  h»<l  t»krn 
in  relation  to  thcno  momoriaii*.  Mr.  AdatnH, 
w iins(>  voton,  tftl<i'n  hy  tlioms«lv(-3,  minht  prc- 
Hint  him  aM  acting  with  tlio  a>)<)htionifitH,  wai* 
entirely  ojipoHc*!  to  their  ohjects,  ami  waH 
povi'niod  hy  a  sense  of  wliat  appeared  to  him 
to  Ih)  the  rifilit  of  jx-'tition,  and  alHo  the  mont 
eifectual  way  of  putting  an  end  to  an  agitation 
wJiich  ho  aincerely  deprecate<l.  And  on  thi« 
point  it  is  right  tlmt  he  should  ho  heard  for 
liimself,  as  speaking  for  himwlf  when  Mr. 
Pinckney's  motion  wa.s  hefore  the  TIousc.  Ik 
then  said : 

"  But,  sir,  not  being  in  favor  of  the  ol.jeot  of 
tlio  petitions,  I  then  giivc  notice  to  the  Iloueo  and 
to  tiio  cotmtry,  that  ujKin  the  wupposition  that 
these  petitions  had  been  transmitted  to  me  un- 
der the  oxi)ectation  that  I  should  present  thorn, 
I  felt  it  my  duty  to  say,  I  should  not  support 
them.  And,  sir,  the  reason  which  I  gave  at  that 
time  for  declining  to  support  them  was  precisely 
the  same  reason  which  the  gentleman  from  Vir- 
ginia now  gives  for  reconsidering  this  motion — 
namely,  to  keep  the  discussion  of  tho  subject 
out  of  the  House.  I  6;i:d,  sir,  that  I  believed 
this  discussion  would  bo  altogether  unprofitable 
to  the  House  and  to  tho  country ;  but,  in  de- 
ference to  the  socrc'd  right  of  petition,  I  moved 
tliat  tliese  fifteen  petitions,  all  of  which  were 
numerously  signed,  should  bo  referred  to  the 
Committee  on  the  District  of  Columbia,  nt  the 
head  of  which  was,  at  that  time,  a  distinguislied 
citizen  of  Virginia,  now,  I  regret  to  sayr-and  the 
whole  country  has  occasion  to  regret — no  more. 
These  petitions  wero  thus  referred,  and,  after  a 
short  period  of  time,  tho  chairman  of  the  Com- 
mittee on  the  District  of  Columbia  made  a  re- 
port to  this  House,  which  report  was  read,  and 
unanimously  accepted;  and  nothing  more  has 
been  heard  of  these  petitions  from  that  day  to 
this.  In  taking  the  course  I  then  took,  I  was 
not  sustained  by  the  unanimous  voice  of  my  own 
constituents ;  there  were  many  among  them, 
persons  as  respectable  and  as  entitled  to  consid- 
eration as  any  others,  who  disapproved  of  the 
course  I  pursued  on  that  occasion. 

"  Attempts  were  made  _within  the  district  I 
then  represented  to  get  up  meetings  of  tho  peo- 
ple to  instruct  me  to  pursue  a  difterent  course, 
or  to  multiply  petitions  of  the  same  character. 
These  efforts  were  continued  during  thp  whole 
of  that  long  session  of  Congress ;  but,  I  am  grati- 
fied to  add,  without  any  other  result  thii  that, 
from  one  single  town  of  the  district  which  I  had 
the  honor  to  represent,  a  solitary  petition  was 
forwarded  before  the  close  of  the  session,  with  a 
request  that  I  would  present  it  to  the  House. 
Sir.  I  did  present  it,  and  it  was  referred  to  the 
satne  Committee  on  the  District  of  Columbia, 
and  I  believe  nothing  more  has  been  heard  of  it 
since.    From  the  experience  of  this  session,  I 


waa  pcrfi-iHly  rstifflwl  that  the  tnio  in,| ,, 
liietho<l  r>f  kiH'ping  this  suliir*-!  nut  of  .i,^,    '' 
wa*.  to  take  that  rourw  ;  to  n-fir  nil  i^ m,  .^ 
of  this  kind  to  the  Committee  on  thi-  hisinn 
Columbia,  or    some    other  committH  „f  .i' 
House,  to  n-ccive  their  report,  and  to  lurm 
unanimously.    This  does  efpial  justi.i  |„ .'. 
fiarties  in  the  country  ;  it  avoids  the  diini.i, 
of  this  agitating  question  on   tli.-  nnc  f,^.] 
and,  on   tho  other,  it  pays  a  due  n^  k^i  . 
the  right  v')f  tho  constituent  to  fHtition    T» 
years  afterwards,  similar  petitions  won  inx- 
ed,  and  at  that  time  an  efl'ort  madi-,  wiih,,i||. 
cess,  to  do  that  which  has  now  \nvn  ilouc  i,j 
a'ssfully  in  one  instance.     An  effort  «a.<  it;»J 
to  lay  these  petitions  on  tl"'  table ;  tho  il 
did  not  accede  to  tho  proposition  :  they  rr'rhi 
tho  petitions  as  they  had  been  before  niirn^ 
and  with  the  same  result.    For,  fnun  tlio  ir) 
ment  that  these  petitions  arc  referred  t 
Committee  on  the  District  of  Columtiin,  duv, 
to  the  family  vault 'of  all  the  Ciiimlits,' tj 
you  will  never  hear  of  them  aflerwnnls,      T 
"At  the  first  session  of  tho  last  Conimii 
gentleman  from  the  State  of  New-Yorii,  a  ij 
tinguished  niera1x.'r  of  this  House,  now  no  lonj 
hero,  which  1  regret  to  say,  although  1  do 
doubt  that  his  place  is  well  suppliotl,  pf^rc 
one  or  more  petitions  to  this  effect,  and  ileliTnii 
a  long  and  eloquent  speech  of  two  hours  in  sij 
port  of  them.    And  what  was  the  rtf.ult !  1 
was  not  answered ;  not  a  word  was  said|l«iti,i 
vote  of  tho  House  was  taken ;  the  petitions 'fd 
referred  to  tho  Conimitto  on  the  Diiitricti 
we  have  heard  nothing  more  of  them  An<x. 
tlie  same  session,  or  probably  at  the  vcnl 
session,  a  distinguished  member  of  this  iM 
from  the  State  of  Connecticut,  prcsentaionef 
more  petitions  to  the  same  eL'ect,  and  dw!a 
in  his  place  that  ho,  himself  concurred  i,i  illt 
opinions  expressed.    Did  this  declaration  liJ 
up  the  flamo  of  discord  in  this  Huu.'^e  ?  Sir,| 
was  heard  with  patience  and  complacency. 
moved  the   reference    of  the  petitions  to  l 
Committee  on  tho  District  of  Columbia,! 
there  they  went  to  sleep  the  sleep  of  deatli. 
Adams.  si)eaking  from  recollection,  wa^  [tkil 
porter  is  requested  by  him  to  state]  luisuli 
with  respect  to  the  reference  of  the  pctitioj 
presented  at  the  last  session  of  Congress  to  a 
committee.    They  were  then  for  the  first  tii 
laid  on  the  table,  as  was  the  motion  to  pri 
one  of  them.    At  the  preceding  session  of  l| 
last  Congress,  as  at  all  former  times,  all  such  p 
tions  had  been  referred  to  committees  and  pra 
ed  when  so  desired.    Why  not  adopt  tiie  8 
course  now  ?    Here  is  a  i)etition  which  hash 
already  referred  to  the  Committee  on  the  I 
trict  of  Columbia.     Leave  it  there,  and,  ray  w J 
for  it,  sir,  you  will  have  just  such  a  result  islj 
taken  phun  time  after  time  before.    Your Ci 
mittee  on   he  District  certainly  is  not  an  aboliij 
committee.    You  will  have  a  fit,  proper,  andif 
report  from  them;  the  House,  subsikntki 
adopt  it,  and  you  will  hear  no  more  aboiilj 


ANNO  193rt.     ANDREW  JAlK.HON.  riM>!I)KNT. 


623 


i-Rtlffled  that  tlic  tnii>  m.)  ,^i, 
inir  this  iiilyrct  ont  of  iJiw^,,, 
ut  ronrw" ;  tn  nfir  »!!  iinji,,, 
Ihe  Comniittet'  on  thi-  !>istnr» 
Bome    otluT  <'omniiit(<  n(  • 
vc  thoir  n-port,  ari'l  V,  ncj, 
Thin  U'K'H  «.«(|nal  justiit   i„  , 
;ountry,  it  avoids  thi- tliir,,.,,, 
11(5   qucHtion   on    tl\f  nni'  Im,]] 
)tl»<T,  it  payn  a  due  ni  H,t 
10  constitticnt  to  fxtiiion    j,, 
(1h,  Himilar  petitioiiH  weniffv 
time  an  effort  madt,  with,  n,, 
it  which  hafl  now  Invn  ilum. t^y^ 
10  inHtancc.     An  fflort  \vx*rr,i 
I'titions  on  t^"^  table ;  thi;  II. 
I  to  the  proposition :  they  pi',,, „ 
as  tiioy  ha<l  been  bcfcin-  nlVm<l 
saino  result.    For,  from  tlic  ri 
C8C  petitions  arc  rtforred  tv  it 
I  the  District  of  Columbia,  iIhtij 
r  vault 'of  all  the  Crtpiiliu,' i, 
r  hear  of  them  aflerwiird 
at  session  of  the  last  Conm'?<, 
>m  tho  State  of  New-Yorl(.»4 
L'rabcr  of  this  lloiisc,  now  no  loni. 
rc(;ret  to  say,  altl:o\i(:h  I  do  i 
IB  place  is  well  suppliod,  pfiir:! 
petitions  to  this  ellect,and(ldiTeii. 
oquent  spccrh  of  two  hours  in  scl 
,    And  what  was  the  result !  ll 
rered :  not  a  word  was  said,  but  i,l 
[ousewas  taken;  the  petitions w«| 
ho  Conimitte  on  the  District. « 
•d  nothinK  more  of  them  since, 
mion,  or  probably  at  the  vcnli 
tinguished  member  of  this  iloji 
te  of  Connecticut,  presented  one 
ns  to  the  same  cll'ect,  and  decli 
;hat  ho, himself  concuired  b  all 
rcsaed.     Did  this  declaration  lij 
of  discord  in  this  Uou.-i;  1   Sir.l 
ith  patience  and  complacency. 
reference    of  the  petitions  to 
on  tho  District  of  Columbii, 
ent  to  sleep  the  sleep  of  dcatii. 
king  from  recollection,  was  [the 
luested  by  him  to  state]  misui 
t  to  tho  reference  of  the  petit* 
the  last  session  of  Conp:res3  to 
They  were  then  for  the  first  ti 
table,  as  was  the  motion  to  pr 
At  the  preceding  session  of 
,s,  as  at  all  former  times,  all  such  p 
sen  referred  to  committees  and  pi 
desired.    Why  not  adopt  the 
,     Here  is  a  i)ctition  which  hasl 
rred  to  the  Committee  on  the 
imbia.    Leave  it  there,  and,  my  n 
m  will  have  just  such  a  result  ii\ 
time  irfter  time  before.    YourCa 
e  District  certainly  is  not  an  aboii 
You  will  have  a  fit,  proper,  andf 
them;  the  llouee,  sub siknUo 
d  you  will  hear  no  more  aboiill 


L^^.fron  ar*  to  rwon^idertho  vote,  and  to  lay 

V"^.^titiiin'*  on  thp  t^iMe  j  if  you  coinc  to  fhp 

j.i.in  tli:it  ihij^  Ilonsi'  will  not  n-ceive  any 

.  rttitioii-*,  what  will  1m«  tho  coniio<iiiono<'  1 

.jijfp.pnrfi'in  of  this  cduntry  every  individiml 

^Vrwli"  votes  with  you  will  lio  left  at  home 

ithi' next  t'li'i'tion,  and  xonio  one  will  l>e  sent 

,-fl  li  not  proparoil  to  lay  these  petitions  on  the 


T^frcwns  certainly  reii^nn  in  what  Jfr.  Ad- 

inropii'i'l.  and  encourag(^nn'nt  to  adfipt  his 

ur*',  from  tho  good  etlect  which  ha<l  altraily 

nmled  it  in  other  cases ;  and  from  the  further 

i>i  cffii't  whieli  ho  afllrtned,  that,  in  taking 

lit  course,  till*  committee  and  the  House  would 

Lecome  to  the  same  coJielusion  by  a  unani- 

,i.j,  instead  of  a  divided  vote,  as  at  present. 

ki»  course  was  also  cnnformablc  to  that  of  the 

irlu-t  action  of  Congress  upon  tho  subject.     It 

luin  the  session  of  Coi.gress  of  1780-'!)0 — lie- 

tthe  first  under  the  constitution — that  the  two 

lestions  of  abolishing  the  foreign  slave  trade, 

d  of  providing  for  domestic  emancipation,  came 

rforc  it ;  and  then,  as  in  tho  case  of  tho  Cain 

lemorial,  from  tho  Religious  Society  of  Friends, 

kerc  was  discussion  as  to  tho  mode  of  acting 

m  it— which  ended  in  referring  the  memorial 

lispecial  committee,  without  instructions.  That 

ntnittee,  a  majority  boing  from  the  non-slave- 

tilinj;  States,  reported  against  the  memorial  on 

)th points;  and  on  tho  question  of  emancipation 

jthe  States,  the  resolve  which  the  committee 

Bnimcndcd  (after  having  been  slightly  altered 

I  phraseology),  read  thus:    ^  That  Congress 

vno  authority  to  interfere  in  the  emanci- 

^m  of  slaves,  or  in  the  treatment  of  them 

thin  my  of  the  States;  it  remaining  with 

I  imral  States  to  provide  any  regulations 

mvhirh  humanity  and  true  policy  may 

(iiire."  And  under  this  resolve,  and  thistreat- 

Btof  the  subject,  the  slavery  question  was  then 

Irtcd ;  and  remained  so  until  revived  in  our  own 

^e,  In  the  discussion  which  then  took  place  Mr. 

iison  was  entirely  in  favor  of  sending  tho  pe- 

loD  to  a  committee ;  and  thought  the  only  way 

!tt  up  an  agitation  in  tho  country,  would  be 

I  opposing  that  course.     He  said : 

[The  question  of  sending  tho  petition  to  a 
^iiittee  was  no  otherwise  important  than  as 


pntli'ti  .  :i  rnado  It  m  by  thrir  srrlou*  opposi- 
tion. II  td  lliey  )»TMlill.  d  tlw  <-"iiiliiillutnt  ••( 
the  m<'m.iri!il,  n«  n  iimtiir  of  (.■nnr'e.  in  noti<-<> 
would  have  Im«h  tak.ii  of  it  out  of  door*  :  it 
rouM  nevi  r  lm\r  Im<i»  l.luwn  up  into  a  d«<  i^ion 
of  the  i|ui'Nti<iti  ri".i»<'iiii;r  iln-  diMri.iiru^rciniiit 
uf  the  .\fii(;iii  ulnvr  Irnilc,  imr  alarm  ilir  owncn* 
with  an  i>ippreliension  (Imt  the  ^'emral  jrnveni- 
mcnt  were  alioiit  to  aboliMh  olavcrv  in  nil  tlnf 
StatiS.  Such  tliin|.'s  nn  ikiI  ronii  iri|ilatrd  l>y 
any  gentleman,  but  tiny  imiIc  alan  »  liy  tluir 
extended  olij(cti<Mis  to  eoininittiiiir  ilie  nii- 
tnoriiil"',  The  ili(iii»e  liii-<  taken  a  "(■linii'*  turn  j 
mill  it  will  1k'  owing  tn  ilii«  ttlonc  if  an  alarm  i.H 
rnati'<l :  for.  had  tlir  iminorial  In  in  irtMited  ii\ 
the  iisiiiil  way,  it  would  Imve  br  n  e<inHi<|eri'd. 
a-f  a  matter  of  eour.sc ;  nnd  a  rf|Hirt  ini>;lil  have 
Iwcii  made  so  us  to  L'ive  (.iriiTuI  fatiffiietion. 
If  there  WM  the  !-li>;liti'.l  tendency  bv  thi-  mm- 
mitnu'ut  to  lii'i  'k  in  upon  tln'  <'onHtiliiiion,  be 
would  olijeet  to  it;  but  lie  did  not  fee  niion 
wlial  (rroimd  smdi  an  event  could  Ih'  appre- 
hended. The  petition  did  not  ronteinplate  even 
a  breacli  of  the  coii>litntion;  ii  jiniyid,  in  gene- 
ral terni.s  for  tiie  inlerlereni'e  (d'  Cougiecs  wj  f.ir 
as  they  were  constitutionally  authoiizod." 

Thisclmpteropensandconeluili'swith  the  words 
of  Mr.  Madison.  It  is  beautifid  to  l«  bold  the 
wi.'^e,  just,  anil  consistent  eourK?  of  that  virtuous 
and  patriotic  man — the  same  from  the  iK'ginning 
to  the  ending  of  his  life  j  and  always  in  harmony 
with  the  sanctity  of  the  laws,  the  honor  ami  in- 
terests of  his  country,  and  the  |s"ace  of  his  fellow- 
citizens.  May  his  example  not  be  lost  upon 
II-'.  This  chapter  has  been  copious  on  the  sub- 
ject of  slavery.  It  relates  to  a  period  when  a 
new  point  of  departure  was  taken  on  the  slave 
question ;  when  the  question  was  carried  into 
Congress  w  ith  avowed  alternatives  of  dis.solving 
tho  Union ;  atid  conducted  in  a  way  to  slww 
that  dissolution  wa.s  an  obji^ct  to  be  attained, 
not  prevented ;  and  this  being  the  starting  point 
ofthc  slavery  agitation  which  has  sin  m 'na(«d 
the  Union,  it  is  right  that  every  cit.zti:  r'.Add 
have  a  clear  view  of  its  origin,  j>iogr(«s,  and 
design.  From  the  begiiniing  of  '.':  .'^fissouri 
controversy  up  to  the  year  1835,  the  author  of 
this  View  looked  to  tho  North  as  the  \mnt  of 
danger  from  tho  slavery  agitation:  since  that 
time  he  has  looked  to  the  South  for  that  danger, 
as  Mr.  Madison  did  two  years  earlier.  Eiiually 
opposed  to  it  in  cither  quarter,  he  has  oppasod  it 
iu  both. 


624 


TIIIIITV  VKAUs-  VM;W, 


(IIAl'TKR    (;XXXV[.  I 

i 

UKMliV  Al.  (IK  TIIK  •IIKIiOKKKd  ruuM  UKOKUIA.   I 

I 

Tiu:  ttriioviil  of  the  Crct-k  Indiana  from  tliin  ! 
State  wn«  accoiiiplixhcil  by  thu  tnnfy  of  If^-i^,  j 
antl  that  s.-illsdc'd  t)i(>  oliliKntiiuM  of  thu  IJiitecl 
StntcH  to  (itoij;ia,  tin<hr  the  compuct  of  iMli'J, 
HO  fur  ax  tlif  Cri'i'k  trit*e  wob  concormd.  l]iit 
the  snini'oMi^Mitioii  ronmineil  with  ri'wpcct  to  the 
ChiTokic'H,  ci'iitiiictcd  at  the  Baiiic  tiiiic,  and 
founded  on  tlic  saino  valuable  conHidiiutioii, 
namely:  the  cession  by  (ieorffia  to  the  I'nited 
States  of  her  « extern  t'Tiitory,  nowconHtitutinp 
I  he  two  l^tatcK  of  Alabiintii  and  )Ii.s8i(ti4i|iiil. 
And  twenty-five  years'  delay,  and  under  inccs- 
Hant  application,  the  compact  had  been  carried 
Into  effect  with  respect  to  tho  Creeks ;  it  was 
now  thirty-five  years  since  it  was  formed,  and 
it  still  remained  unexecuted  with  respect  to  tho 
Cherokeea.  Georgia  was  impatient  and  impor- 
tunate, and  justly  so,  for  tho  removal  of  this 
tribo,  tho  last  remaining  obstacle  to  the  full  en- 
joyment of  all  her  territory.  General  Jackson 
was  equally  anxious  to  effect  tho  removal,  both 
as  an  act  of  justice  to  Georgia,  and  also  to  Ala- 
bama (part  of  whoso  territory  was  likewise 
covered  by  the  Chcrokces),  and  olso  to  com- 
plete the  business  of  tho  total  removal  of  all 
the  Indians  from  the  east  to  tho  west  side  of 
tho  Mississippi.  It  was  the  only  tribo  remain- 
ing in  any  of  the  States,  and  he  was  in  the  last 
year  of  his  presidency,  and  tho  time  becoming 
short,  as  well  as  the  occasion  urgent,  and  the 
question  becoming  more  complex  and  difficult. 
Part  of  the  tribe  had  removed  long  before. 
Faction  split  the  remainder  that  staid  behind. 
Intrusive  counsellors,  chiefly  from  the  Northern 
States,  came  in  to  inflamo  dissension,  aggravate 
difficulties,  and  impede  removal.  For  climax 
to  this  state  of  things,  party  spirit  laid  hold  of 
it,  and  the  politicians  in  opposition  to  General 
Jackson  endeavored  to  turn  it  to  the  prejudice 
of  his  administration.  Nothing  daunted  by  this 
combination  of  obstacles.  Genera'  Jackson  pur- 
sued his  plan  with  firmness  and  vigor,  well 
seconded  by  his  Secretary  at  War,  Mr.  Cass — 
the  "War  Department  being  then  charged  with 
tho  administration  of  the  Indian  alTair?  In  the 
autumn  of  1835,  a  commission  had  been  ap- 


pointed to  treat  with  the  \->tr  tr<'«  ,1, 
and  AlttbuniR.    It  wan  very  ,■  ■f.ci.j.iily  eomi,, 
to  8<Tiini|iiinh  its  purpoHc,  lifiiiu  partly  , 
and  jinrlly  ccoleiiiaNtic.     (ii-nernl  WiH,,^  , 
roll, of  Ti-nnesHee,  well  known  to  ull  tt«Si,iitt, 
Indians  rm  a  brave  and  humane  wurni.r.  irni.jj 
Utverend  John  F.  .Schermcrhorn,  of  N^.y,^ 
Will  known  as  a  iikissionury  labotv-r,  ci,,,,, 
the  conunissiom ;    and  it  hod  all  tho  tnix\ 
which  the  I'renident  expected. 

In  the  winter  of  183.'>-'3(j,  a  treaty  wu  „^ 
tiated,  I  y  which  tho  C'iierokecH,  makiii;}  clJ 
disposal   of  all   their  possessionu  citst  of  iJ 
^lississippi,  ceded  the  whole,  and  airrtij  t, 
West,  to  join  the  half  trilnj  beyond  tiiatnvM 
Tho  consideration  jtaid  Ihcni  wis  aini)lt'.  J 
besides  the  moneyed  consideration,  thtv 
large   inducements,  founded  in  views  .)f|U 
own  welfare,  to  make  the  remoyal.    Tliue  1 
ducements  were  set  out  by  thoinstlvwj  jq  , 
preamble  to  tho  treaty,  and  were  dcclarwi  | 
bo:  "A  de-ilro  to  got  rid  of  tho  difliciiltiei J 
pcrienced  by  a  residence  within  the  bcltlicj  t 
of  tho  United  States;  and  to  reuuitv  tliiirr 
pic,  by  joining  those  who  had  crossed  the  )lJ 
sissippi ;  and  to  live  in  a  country  beyonil  ti 
limits  of  State  sovereignties,  and  where  ilj 
could  establish  and  enjoy  a  government  of  tin 
choice,  and  perpetuate  a  state  of  society,  whJ 
might  bo  most  consonant  with  their  views,  bad 
and  condition,  and  which  might  tend  totlnirii 
dividual  comfort,  and  their  advancement  incivJ 
zation."  These  were  sensible  reasons  for(lo.<iriJ 
a  removal,  and,  added  to  the  moneyed  consideij 
tion,  made  it  immensely  desirable  to  thclndiu 
Tho  direct  consideration  was  five  milliuaji 
dollars,  which,  added  to  stipulations  to  pay  I 
tho  improvements  on  the  ceded  lands— to  dcfq 
the  expenses  of  removal  to  their  new  homes  b 
yond  tho  Mississippi — to  subsist  them  for  ( 
year  after  their  arrival — to  commute  KhJ 
funds  and  annuities — to  allow  pre-emptions  1 
pay  for  reserves — with  some  hberal  grants  | 
money  from  Congress,  for  tho  sake  of  quka 
complaints — and  some  large  departmental  1 
lowances,  amounted,  in  tho  whole,  to  more  tiJ 
twelve  millions  of  dollars!    Being  almost  I 
much  for  their  single  extinction  of  Indian  I 
in  the  comer  of  two  States,  as  the  whole  prfl 
ince  of  Louisiana  cost !   And  this  in  additionl 
seven  millions  of  acres  granted  fortheirn 
home,  and  making  a  larger  and  a  better  to^ 


ANM)  Is.irt.     aM»I;KW  JA«  K.'M)N.  I'UI^IDKNT. 


62d 


t  with  Hit  \i;  iri'-  '.h 
It  wftH  viTy  ,'  •.cj.j.inl)  ,s)m(i 
Is  |iur|M>Hc,  U'injs  partly  r  „,, 
I'siojilio.     (ii-neiiil  WiHn^  ( 
.•t',wi'll  known  to  ull  ilitS.uu, 
»vo  and  hiimanv  wnrn.  r,  nii;,, 
F.  SchiTincrhoni,  nf  Niw.y, 
1  a  iiisHioniiry  lul)<)i,;r.  (i,iii|, 
m;   and  it  had  all  tho  iu( 
lident  i-xiK-ctod. 
rofl83.'V-'a(j,  a  treaty  «»,«„, 
•h  tho  C  liurokccH,  nmkini;  cIm 
I   their   poKscssionu  la-.t  ,,f  ^i 
lied  the  whole,  and  acrnj  t , 
the  holf  trilHj  beyond  thatnn 
tion  ]>aid  them  was  ainiili',  |, 
joneyed  consideration,  tlity 
icnts,  foun<led  in  yicw«  of  tin 

0  make  the  removal.    Thoe  ii 
ro  Bct  out  by  thomselvi's  in 
tho  treaty,  ond  were  dwlaN 
J  to  get  rid  of  tho  ditllc«lti«  ei 

1  residence  within  the  bcttli'l 
States ;  and  to  reunite  ttair 
3;  thoso  who  had  croased  the  Mi 

to  live  in  a  country  Ixjond 
to  sovereignties,  and  where  tl 
li  and  enjoy  a  government  of  tl 
rpctuate  a  state  of  Bociuty,  v 
consonant  with  their  views,  hiU 
and  which  might  tend  totliurii 
)tt,  and  their  advancement  in  cm 
10  were  sensible  reasons  for  dwiri 
d,  added  to  the  moneyed  considei 
immensely  desirable  to  the  Indii 
onsideration  was  five  niiliioM 
X  added  to  stipulations  to  pay 
icnta  on  the  ceded  lands— to  deti 
of  removal  to  their  new  homes 
ssissippi — to  subsist  them  for 
heir  arrival — to  commute  schd 
Quities — to  allow  pre-emptions 
.yes — with  some  Ubcral  granu 
Congress,  for  the  sake  of  quiet 
■and  some  large  departmental 
ounted,  in  the  whole,  to  more  tl 
)ns  of  dollars!    Being  almost 
iir  single  extinction  of  Indian 
of  two  States,  os  the  wliole 
iana  cost !   And  this  in  additionl 

of  acres  granted  for  their 
aking  a  larger  and  a  better  he 


liua  iJie  ''"P  *'"'y  ''"'  ^''^'  foi""'dend  m  a 
^u'l  trani>nclion,  the  adTniitiV)'  wih  ulli*- 
I  l^f  tiiJ  out  of  all  proportion,  011  the  itide  of 
l^lnilwn- ;  but  nlief  to  tlw  Stales,  and  <iiiitt 
lidibi!  lnduiiH,und  tlie  conipktion  of  a  wixcund 
l^^jjjn,  policy,  were  overruling?  cniisidenition*, 
lttii(h  tanctioned  tho  enorniity  of  the  amount 

\dvanl"t-''""''  as  this  tn-nty  wo.-*  to  the  In- 
,1,  and  (1  ■^iraljle  a*  it  wiw  to  bolli  parties,  it 
taniotly  o|i|x)«ed  in  the  Senate  ;  and  only 
ued  bv  one  vote.  Tho  discontented  party  of 
t'herokees,  and  the  intrusive  conuseilors, 
li  t^ty  sjiirit,  pursued  it  to  Washington  city, 
bJ  iircaniztd  an  opposition  to  it,  headed  l)y  the 
•at  chii'fs  then  opposed  to  the  administration 
(Ciiieriil  Jiickson— Mr.  Clay,  Mr.  AVebster, 
Ljlr,  I'alhoun.  Immediately  after  the  treaty 
Lc'mniuuicated  to  the  Senotc,  Mr.  Clay  pre- 
Lti',1  a  memorial  and  protest  against  it  from 
f  "Cherokee  nation,"  as  they  were  entitled  bj 
t  factidii  tliat  protested ;  and  also  memorials 
Hm  MveriU  individual  Cherokecs ;  all  which 
L  printed  and  referred  to  tho  Senate's  Com- 
|1U«  on  Indian  Affairs,  and  duly  considered 
KD  the  merits  of  tho  treaty  camo  to  be  cx- 
kiicd,  The  examination  was  long  and  close, 
tendinn  at  intervals  for  nearly  three  months 
[from  March  7th  to  tho  end  of  May — and  as- 
Bing  very  ncarlj  a  complete  party  aspect. 
I  the  IHth  of  May  Mr.  Clay  made  a  motion 
Itch,  as  disclosing  tho  grounds  of  tho  opposi- 
1  to  the  treaty,  deserves  to  be  set  out  in  its 
1  words.  It  was  a  motion  to  reject  tho  reso- 
ion  of  ratification,  and  to  adopt  this  resolve 
litJlUce:  "That  the  instrument  of  writing, 
lortini;  to  bo  a  treaty  concluded  at  New 
Ikota  on  the  29th  of  December,  1835,  between 
^United  States  and  tho  chiefs,  head  men  and 
iplc  of  the  Cherokee  tribe  of  Indians,  and  the 
fplcmentary  articles  thereto  annexed,  were 
^made  and  concluded  by  authority,  on  the 
tof  the  Cherokee  tribe,  competent  to  bind 
lud.  therefore,  without  reference  to  the  terms 
^conditions  of  the  said  agreement  and  sup- 
lentary  articles,  the  Senate  cannot  consent 
ind  advise  tho  ratification  thereof,  as  a  valid 
^.binding  upon  the  Cherokee  tribe  or  na- 
;"  concluding  with  a  recommendation  to 
I  President  to  treat  again  with  the  Cherokecs 
fof  the  Mississippi  for  tho  whole,  or  any  of 
posses?ion8  on  this  side  of  that  river. 

Vol.  I._40 


The  viitp  on  this  nmiKo  and  n><N)niiiH tidation 
wi»«,  '-".'  Mii-.  lo  l.'i  iiHvs;  itnd  it  niiuinn;;  t»<o. 
thirls  to  ndupt  it,  it  «•»<»,  ofcourne,  lo-t.  Hut  it 
showed  thitt  tlie  tnaty  il^lf  wus  in  imiiiineiit 
dunpr  olUinjt  lo-t,  and  woiihl  artuiilly  U^  jo^t, 
in  a  vote,  as  the  Senote  then  st.sid.  The  «  holo 
numler  of  the  Smatc  was  rorly-<ii;ht ;  only 
forty-fiMir  had  voted.  'I'lu  le  wi  re  Tiur  minditTS 
absent,  and  unluss  two  of  these  could  Im-  not  in, 
and  vote  with  the  friends  of  the  treaty,  iind  n« 
one  jjoi  in  on  the  other  side,  tlie  treaty  was  le- 
jecteil.  It  was  a  close  pinch,  and  made  inu  re- 
colleet  what  I  have  often  heard  Mr.  l:uiiil<dph 
say,  that  there  were  always  meuiiars  to  pt  out 
of  the  way  at  a  pinching  vote,  or  to  lend  a  hand 
at  a  pinehing  vote,  Fortunately  the  four  ah- 
I  sent  senators  were  cliussifled  ns  friends  of  tho 
administration,  and  two  of  them  como  in  to  our 
side,  the  other  two  refusing  to  go  to  the  other 
side  :  thus  savin;^  the  treaty  by  one  vote.  The 
vote  stood,  thirty-ono  for  tho  treaty,  fifteen 
against  it ;  and  it  was  only  saved  by  a  strong 
:  Northern  vote.  The  yeas  were  :  Messrs.  Itenton 
I  of  Missouri ;  Black  of  Mississijjpi ;  Brown  of 
I  North  Carolina;  Buchanan  of  Pennsylvania; 
Cuthbcrt  of  Georgia;  Ewing  of  Illinois;  (Jolds- 
borough  of  Maryland;  (irundy  of  Tennessee; 
Ilendrieks  of  Indiana;  Hubbard  of  New  Hump. 
shiiv;  Kent  of  Maryland;  King  of  Ahdianm; 
King  of  Georgia;  Linn  of  Missouri;  MeKean 
of  IVnnsylvaniii ;  Mangum  of  North  Carolino  ; 
Moore  of  Alabama ;  Morris  of  Ohio ;  Niles  of 
Connecticut;  Preston  of  South  Carolina;  Hives 
of  Virginia ;  Robinson  of  Illinois  ;  lluggles  and 
Shcpley  of  Maine ;  N.  P.  Tallniadge  of  New- 
York  ;  Tipton  of  Illinois ;  Walker  of  Mississip- 
pi ;  Wall  of  New  Jersey ;  AVhito  of  Tennessee ; 
and  Wright  of  New- York — 31.  The  nays  were : 
Messrs.  Calhoun  of  South  Carolina ;  Clay  of 
Kentucky;  Clayton  of  Delaware;  Crittenden 
of  Kentucky;  Davis  of  Massachusetts ;  Ewing  of 
Ohio ;  Leigh  of  Virginia ;  Naudain  of  Delaware , 
Porter  of  Louisiana ;  Prentiss  of  Vermont ; 
Bobbins  of  Rhode  Island;  Southard  of  New 
Jersey ;  Swift  of  Vermont ;  Tomlinson  of  Con- 
necticut; and  Webster  of  Massachusetts — 15. 
Thus  the  treaty  was  barely  saved.  One  vote 
less  in  its  favor,  or  one  more  against  it,  and  it 
would  have  been  lost.  Two  members  were  ab- 
sent. If  either  had  come  in  and  voted  with  the 
opposition,  it  would  have  been  lost.  It  was 
saved  by  the  free  State  Tote — by  the  fourteen 


r,26 


TIIIUTY  YKAIIS-  VIKW. 


Ih'o  State  nffinniitive  votc"<,  which  precisely  ha- 
lancod  and  noutrahzcd  the  seven  slave  State 
negative.'!.  If  any  om'  of  these  fourteen  had 
voted  with  tlie  ne;rntiv(s,  or  eve  >  .n  absent  at 
the  vote,  the  treaty  would  liavc  heen  lost ;  and 
thus  the  South  is  indebted  to  tnu  North  fortius 
most  important  treaty,  which  completed  the 
relief  of  the  Southern  States — the  Chickasaws, 
(Jreeks  and  Choctaws  having  previously  af^reed 
to  remove,  and  the  treaties  with  them  (except 
with  the  Greeks)  having  been  ratified  without 
serious  opposition. 

The  ratification  of  this  treaty  for  the  removal 
of  the  Chorokces  was  one  of  the  most  difficult 
and  delicate  questions  which  we  ever  had  to 
manage,  and  i;?  which  success  seemed  to  be  im- 
possible up  to  the  last  moment.  It  was  a 
Southern  question,  involving  an  extension  of 
slavery,  and  was  opposed  by  all  three  of  the 
great  opposition  leaders ;  who  only  required  a 
minority  of  one  third  to  make  good  their  point. 
At  best,  it  required  a  good  Northern  vote,  in 
addition  to  the  undivided  South,  to  carry  the 
treaty ;  but.  with  the  South  divided,  it  seemed 
hardly  possible  to  obtain  the  requisite  number 
to  make  up  for  that  defection ;  yet  it  was  done, 
and  done  at  the  very  time  that  the  systematic 
pla»  had  commenced,  to  charge  the  Northern 
States  with  a  design  to  abolish  slavery  in  the 
South.  And  I,  who  write  history,  not  for  ap- 
plause, but  for  the  sake  of  the  instruction  which 
it  affords,  gather  up  these  dry  details  from  the 
neglected  documents  in  which  they  lie  hidden, 
and  bring  them  forth  to  the  knowledge  and  con- 
sideration of  all  candid  and  impartial  men,  that 
they  may  see  the  just  and  fraternal  spirit  in 
which  the  free  States  then  acted  towards  their 
brethren  of  the  South.  Nor  can  it  fail  to  be  ob- 
served, as  a  curious  contrast,  that,  in  the  very 
moment  that  Mr.  Calhoun  was  seeing  cause  for 
Southern  alarm  lest  the  North  should  abolish 
slavery  in  the  South,  the  Northern  senators 
were  extending  the  area  of  slavery  in  Georgia 
by  converting  Indian  soil  into  slave  soil :  and 
that  against  strenuous  exertions  made  by  him- 
self. 


CHAPTER    CXXXVli 

KXTKNSION  OF  THE  MISSOUIU  nrirM,,^;^ 

This  was  a  measure  of  great  moment  to  Mi-inm  i 
and  full  of  diflricullies  in  itself,  and  requiring,! 
double  process  to  accomplish  it — an  act  c.f  c, 
gress  to  extend  the  boinidary,  and  an  Inr;  J 
treaty  to  remove  the  Indians  to  a  new  li  - 
It  was  to  extend  the  existing  I'nundarvof  tU 
State  so  as  to  include  a  triangle  betwun  theijj 
isting  line  and  the  Missouri  River,  hrpc  cnouH 
to  form  seven  counties  of  the  first  class  and  U 
tile  enough  to  sustain  the  densest  pupulaiioji 
The  difficulties  were  threefold:  1.  To  make  mJ 
larger  a  State  which  was  already  one  of  tb 
'argcst  in  the  Union.     2.  To  remove  Indiai 
from  a  possession  which  had  just  been  a-si;niJ 
to  them  in  perpetuity.    3.  To  alter  the  Mivv)i;| 
compromise  line  in  relation  to  slave  tcniton 
and  thereby  convert  free  soil  into  sla\c  joj 
The  two  first  difficulties  were  serious  — t!J 
third  formidable :  and  in  the  then  stato  of  tU 
pu'  'ic  mir.d  in  relation  to  slave  territory,  tliisei 
largement  of  a  great  slave  State,  and  by  convoif 
ing  free  soil  into  slave,  and  impairing  tlic  compri 
mise  line,  was  an  almost  impossible  underlakio 
and  in  no  way  to  be  accomplished  without] 
generous  co-operation  from  the  members  of  tij 
free  States.     They  were  a  majority  in  the  IIooj 
of  •  .'presentatives,  and  no  act  of  Congrc.-s  coal 
pa.'  i  for  altering  the  compromise  line  withoi 
tLcir  aid :  they  were  equal  in  the  Senate,  M 
no  treaty  for  the  removal  of  the  Indian.'  m 
be    ratified  except  by  a  concurrence  of  ti 
thirds.    And  all  these  difficulties  to  be  otJ 
come  at  a  time  when  Congress  wa.s  inllaiB 
with    angry  debates  upon  abolition  petitioJ 
transmission  of  incendiary  publications,  imputl 
designs  to  abolish  slavery ;  and  the  ai)pears!i 
of  the  criminating  article  in  South  Carolina  ( 
titled  the  "  Crises,"  announcing  a  Southern  c 
vention  and   a  secession  if  certain  Noithd 
States  did  not  suppress  the  abolition  socklj 
within  their  limits  within  a  limited  time 

In  the  face  of  all  these  discouraging  ob.*tai| 
the  two  Missouri  senators,  Messrs.  Bentim  i 
Linn,  commenced  their  operations.    Tiie  fl 
step  was  to  procure  a  bill  for  the  altcratiiial 
tltc  compromise  line  and  the  extension  off 


ANNO  \HV.c,.     ANI»nEW  .lACKxiy,  nU'SIDr.NT 


C27 


KR    C  XXX  VII 

p  THE  MISSOUni  nfirN!iA!;T. 


re  of  great  moment  to  Mii.jfi\!ri 
illk'S  in  itself,  and  requiring »; 
,  accomplish  it— an  :icl  (.fCc 
the  boundary,  and  an  liiiia 
a  the  Indians  to  a  new  li  .mi 
1  the  existing  Vouivkry  nf  t' 
elude  a  triangle  betwic-i  Ik  is 
.he  Missouri  llivcr.  larjie  cnnu? 
►unties  of  the  first  class,  andfv 
sustiiin  the  densest  populaiio 
were  threefold:  1.  To  make  sal 
which  WP-"  already  one  of  i 
Union.     2.  To  reniovo  Imli 
on  which  had  just  lecu  a-^si^ne 
letuity.    3.  To  alter  the  Mi<?ni 
,e  in  relation  to  slave  tcrriioi 
lonvert  free  soil  into  sUao  so- 
difiBculties  were  serious -t 
le:  and  in  the  then  statoof  t 
relation  to  slave  territoiT,  i\m. 
.  great  slave  State,  and  bycravci 
to  slave,  and  impairing  tliccomp 
an  almost  impossible  undcrtaki 
ly  to  be  accomplished  witliom 
leration  from  the  members  of  t! 
'hey  were  a  majority  in  the  IIoi 
lve8,andnoactofCongrc.^sco 
ng  the  compromise  line  witlii 
y  were  equal  in  the  Semite,  win 
the  removal  of  the  Indians  wi 
ixccpt  by  a  concurrence  of  v 
all  those  difficulties  tokovi 
Lc  when  Congress  was  infta 
Idebatcs  upon  abolition  Ftitio 
of  incendiary  publications,  imptf 
iolish  slavery;  and  the  aii^ara 
.ting  article  in  South  Carolina 
Irises,"  announcing  a  Southern' 
a  secession  if  certain  Nort 
,t  suppress  the  abolition  socc 
limits  within  a  limited  tunc 
of  all  these  discouraging  oh?i 
[souri  senators,  Messrs.  Benumj 

•need  their  operations.  Uie  J 
IprocureabillforthcaUerat..^ 
Tiso  line  and  the  extension  0, 


!arv:  it  was  obtained  from  the  .Indioiarr 
f  pmi'tce,  rc'iM)rti'd  by  Mr.  John   >!.  Clayton 
•iitlinftre:   and  passed  the  Senate  without 
I  itonal  opiiosition.     It  went  to  the  House  of 
P„„p.entatives ;    and  found  there  no  Fcrious  ; 
L'p^^ition  to  its  passage.    A  treaty  was  m-goti-  j 
j J  with  the  Sac  and  Fox  Indians  to  whom  the  | 
,Mintrv  hail  been  assigned,  and  was  ratified  by  ; 
,5,  requisite  two  thirds.     And  this,  besides  do-  | 
,  ,n  act  of  generous  ju.stice  to  the  State  of  i 
Louri,  was  the  noble  answer  which  Northern  i 
#mticr8  pave  to  the  imputed  design  of  al)oli8h- 1 
i^siarcry  in  the  States!  actually  extending  it !  j 
ji'lbv  an  addition  equal  inextentto  such  States  ; 
ij^ljffftre and  Rhode  Island;  and  by  its  fer- 
jitv  equal  to  one  of  the  third  class  of  States. 
Iri  thb  accomplished   by  the  extraordinary 
ess  of  altering  a  compromise  line  intended 
)k  perpetual,  and  the  reconversion  of  soil  which 
been  slave,  and  made  free,  back  again  from 
to  slave.    And  all  this  when,  had  there  been 
u  least  disposition  to  impede  the  proper  exten- 
la  of  a  slave  State,  there  were  plausible  reasons 
Mih  to  cover  an  opposition,  in  the  serious 
jections  to  enlarging  a  State  already  the  lar- 
itinthe  Union— to  removing  Indians  again 
jmahome  to  which  they  had  just  been  re- 
ed under  a  national  pledge  of  no  more  rcmov- 
ind  to  disturbing  the  compromise  lino  of 
jii  on  which  the  Missouri  question  had  been 
liled;  and  the  line  between  free  and  slave  tcr- 
OT  fixed  for  national  reasons,  to  remain  for 
\a.  The  author  of  this  View  was  part  and 
j1  of  all  that  transaction — remembers  well 
anxiety  of  the  State  to  obtain  the  extension 
kr  joy  at  obtaining  it — the  gratitude  which  all 
It  to  the  Northern  members  without  whose 
it  could  not  have  been  done ;  and  whose 
manimous  assistance  under  such  trying  cir- 
litanccs  he  now  records  as  one  of  the  proofs 
[this  work  contains  many  others) — of  the  wil- 
less  of  the  non-slaveholding  part  of  the  Union 
be  just  and  generous  to  their  slaveholding 
tthrenjCvon  in  disregard  of  cherished  prejudices 
otfenslvc  criminations.    It  was  the  second 
It  proof  to  this  effect  at  this  identical  session, 
ratification  of  the  Georgia  Cherokee  treaty 
15  the  other. 


CHAPTKll    CXXXVMI 

ADMISSION   OF  THK   STATKr*   OK  AKKANS.VS  AM> 

Ml*  .IK. AN  INTO  TllK  INluN, 

Tiir.sK  two  youiiir  States  had  appliid  toriiii;,:r<  S 
for  an  act  to  enable  tliini  to  iK.ld  a  convciilinn, 
and  form  .State  constitutions,  jjivparatory  lo 
admission  into  the  Union.  Confjres.s  refused  to 
pass  the  acts,  and  the  people  of  the  twoterritn- 
ries  held  the  convention  by  their  own  authority, 
formed  tliolr  ronstltutions — sent  copies  to  Con- 
gress, pray  in;;;;  .idinission  as  States.  They  both 
applied  at  this  session,  and  the  proccedinfrs  on 
their  respective  npiilications  were  slinultautons 
in  Congress,  thoujrh  in  separate  bills.  That  of 
Michigan  was  taken  up  first,  and  had  been 
brought  before  each  House  in  a  message  from 
the  President  in  these  words : 

"By  the  act  of  the  11th  of  January,  ISDo, 
all  that  part  of  the  Indian  Territory  lying  north 
of  a  lino  drawn  due  'east  from  the  southerly 
bend  or  extreme  of  Lake  Michigan  until  it  sliuil 
intersect  1/ake  Erie,  and  east  of  a  line  drawn 
from  the  said  southerly  bend,  through  the  mid- 
dle of  said  lake,  to  its  northern  extiemity,  and 
thence,  due  north,  to  the  northern  boundary  of 
the  United  States,'  was  erected  into  a  sepaiato 
Territory,  by  the  name  of  Michigan.     Tlie  'i'e\- 
rltory  comprised  within  these  limits  being  part 
of    the   district  of    country  described   in   the 
ordinance  of  the  loth  of  Jul}-,  1787,  which  jno- 
vides   that,   whenever  any  of  t!ie   States  into 
which  the  same  should  be  divided  should  hiivo 
sixty    thousand    free    inhabitants,   such   State 
should  be  admitted  by  its  delegates  '  into  the 
Congress  of  the   United   .States,   on  an  equ.al 
footing  with  the  original  States  in  all  respects 
whaiC'vcr,  and  shall  be  at  liberty  to  form  a  per- 
manent constitution  and  State  government,  pro- 
viiled  the  constitution  and  government  so  to  lie 
formed  shall  l)o  republican,  .and  in  conforinlty 
to  the  principles  contained  in  these  articles,'  th(! 
inhabitants   thereof  have,   during   the   present 
year,  in  pursuance  of  the  right  secured  by  the 
ordinance,    formed    a    constitution    and    State 
government.      That  instrument,  together  with 
various  ether  documents  connected  therewith, 
has  been  transmitted  to  me  for  the  purpose  of 
being  laid  before  Congress,  to  whom  the  power 
and  duty  of  admitting  new  States  into  the 
Union  exclusively  appertains ;  and  the  whole 
are  herewith  communicated  for  your  early  deci- 
sion." 

The  application  was  referred  to  a  select  com- 
mittee, Mr.  Benton  the  chainnan  ;  and  a  memo 
1  rial,  entitled  from  the  "  Legislature  of  Michigan," 


628 


THIKTY  YKAIW  VIEW. 


WHS  al-0  referred  to  the  samecomniiltci',  though 
(>)>j'-';te(l  to  hy  ^••oniu  PcnatOM  as  purportiiiK  to 
CDine  from  a  State  which,  as  yet.  had  no  (txist- 
i-nce.  ISiit  the  olijectioii  was  consid'.'reil  by 
others  as  liciii;;  one  of  form — that  it  mipht  l>e 
(iiiisidcrfd  as  coniinp;  from  the  jK-oplc  of  Michi- 
;;an — and  was  nut  even  material  in  that  point 
<if  view,  as  the  (luestion  was  already  before  the 
Senate  on  the  President's  Message.  Some 
objection  was  also  made  to  the  boundaries,  as 
iieinj;  too  large,  and  as  trenching  upon  those  of 
Indiana  and  Ohio.  A  bill  was  reported  for  the 
admission  of  the  State,  in  support  of  which  Mr. 
Benton  said,  the  committee  liad  included  in  the 
j)roposed  limits  a  considerable  portion  of  terri- 
tory on  the  northwest,  and  had  estimated  the 
superficial  contents  of  the  State  at  60,000  square 
miles.  The  territory  attached  contained  but  a 
very  small  portion  of  Indian  population.  It 
was  necessary  to  make  her  large  and  strong, 
l>eing  a  frontier  Stale  both  to  ttie  Indians  and 
to  the  British  possessions.  It  should  have  a 
large  front  on  Lake  Superior  The  principal 
])oints  of  objection,  of  a  permanent  character, 
were,  that  the  proceedings  of  the  people  were 
revolutionary,  in  forming  a  constitution  without 
a  previous  act  of  Congress ;  and  her  constitution 
inconsistent  with  that  of  the  United  States  in 
admitting  aliens  to  vote  before  naturalization. 
To  the  first  it  was  answered  that  she  had 
applied  for  an  act  of  Congress  two  years  ago, 
and  was  denied  by  the  then  dominant  party,  and 
that  it  was  contradictory  to  object  to  her,  for 
not  having  that  which  had  boon  refused  to  be 
given ;  and  on  the  second,  that  the  same  thing 
had  been  done  for  a  quarter  of  a  century.  On 
the  latter  point  Mr.  Burfjanan  said : 

"  Michifian  confined  herself  to  such  residents 
and  inhabitants  of  her  territory  as  were  there 
at  the  signing  of  her  constitution  ;  and  to  those 
alone  she  extended  the  right  of  suil'rage.  Now, 
wo  had  admitted  Ohio  and  Illinois  into  this 
Union  ;  two  sister  States,  of  whom  we  ought 
certainly  to  be  very  proud.  lie  would  refer  sena- 
tors to  the  provision  in  the  constitution  of  Ohio 
on  that  subject.  By  it,  all  white  male  inhabit- 
ants, twenty-one  jears  of  age,  or  upwards, 
having  resided  one  year  in  the  State,  are  entitled 
to  vote.  Michigan  had  made  the  proper  dis- 
tinction ;  she  had  very  properly  confined  the 
elective  franchise  to  inhabitants  within  the  State 
at  the  time  of  the  adoption  of  her  constitution ; 
but  Ohio  had  given  the  right  of  suffrage  as  to 
all  future  time  to  all  her  white  inhabitants  over 
the  age  of  twenty-one  years ;  a  case  embracing 


all  time  to  come,  and  not  limited  as  in  tlif.  ^. 
stitution  of  Michigan.    He  hud  undcrsti-M  t  • 
since  the  adoption  of  her  constitution,  (il,;,,  ^i| 
rei>ealed  this  provision  by  law.     Jlc  di,]  . 
know  whether  this  was  so  or  not ;  hut  Uf, 
was,  as  plain  as   the   English   lun^'iiap;  (rj,  j 
make  it,  that  all  the  white  male  inhiiliitant. 
Ohio,  above  the  age  of  twenty-one  years,  wen 
entitled  to  vote  at  her  elections.     Weil,  fftui 
had  Illinois  done  in  this  matter  ?    H,.  ^,,.1 
read  an  extract  from  her  constitution,  by  n',] 
it  would  appear  that  only  six  months'  t«nvi 
residence  wa.**  required  to  acquire  the  ri.'hi  ( 
sufl'rage.      The    constitution    of  Illinois  „j 
therefore  still  broader  and  more  liberal  thjt 
that  of  Ohio.     There,  in  all  elections,  all  ni,J 
male  inhabitants  above  the  age  of  twintv-orl 
years,  having  resided  in  the  State  si.\  mnntiJ 
previous  to  the  election,  shall  enjoy  the  ri„\A 
of  an  elector.  Now,  sir,  it  had  been  made  a  i.i 
ter  of  preference  by  settlers  to  go  to  lllm^ 
instead  of  the  other  new  States,  where  tliel 
must  become  citizens  before  they  conlcl  vote! 
and  he  appealed  to  the  senators  from  llliniJ 
whether  this  was  not  now  the  case,  anil  whtilj 
any  man  could  not  now  vote  in  that  Statu  aiM 
a  six  months'  residence. 

"[Mr.  Robinson  said  tlint  such  was  th'factj 
"  Now,  here  were  two  constitutions  of  Stat^^T 
the  senator  from  one  of  which  was  niost  sir^^ 
nuously  opposed  to  the  admission  of  Michia^^, 
who  had  not  extended  the  right  of  sutrraLe^H'' 
far  a.^  was  done  by  either  of  them.    Did  .Micl^Hr 
gan  do  right  in  thus  fixing  the  elective  fn 
chise  ?    IJe  contended  that  she  did  act  rijlJ 
and  if  she  had  not  acted  so,  she  would  nut  liil 
acted  in  obedience  to  the  spirit,  if  not  the  ve| 
letter,  of  the   ordinance   of   1787.    Mieliid 
took  the  right  ground,  while  the  States  of  m 
and  Illinois  went  back  in  making  perpeiuai  j 
their  constitution  what  was  contair.id  in  1 
ordinance.    When  Congress  admitteij  tlicinaJ 
Indiana  on  this  principle,  he  thought  it  vd 
ungracious  in  any  of  their  senators  or  repi 
sentatives  to  declare  that  Michigan  should  i 
be  admitted,  because  she  has  extended  the  rid 
of  suft'rage  to  the  few  persons  within  her  1 
at  the  adoption  of  her  constitution.    He  I 
inclined  to  go  a  good  deal  further  into  this  sJ 
ject  j  but  as  he  was  exceedingly  an.xious  ti 
the  decision  should  be  made  soon,  he  would  if 
extend  his  remarks  any  further.    It  &\>\m 
to  him  that  an  amendment  might  vciy  will 
made  to  this  bill,  requiring  that  the  a.'isentl 
the  people  of  Michigan  shall  Ik;  given  to  f 
change  of  boundary.    He  did  hope  that  bvtj 
bill  all  objections  would  be  removed ;  and  i 
this  State,  fo  ready  to  rush  into  our  arms,  wni 
not  be  repulsed,  because  of  the  absence  of  si 
formalities,  which,  perhaps,  were  veryproi 
but  certainly  not  indispensable. 

On  the  other  point,  that  of  a  revoiutiODJ 
movement,  Mr.  Buchanan  answered : 


ANNO  1836.     AXI>UKW  JArKSON,  rP.KMDF.NT. 


629 


anil  not  limited  as  in  iW  ^  • 
i)ian.   He  hud  undcrsifKni  f4' 
ti  of  her  constitution,  (  )]m  l„\ 
oviBion  by  law.     Ho  diil 
lis  was  Bo  or  not ;  t)Ul  hit 
J   the   Eu({li*h  lun;:uitEv:  (t/„,| 
the  white  mule  inhat>itarit 
ape  of  twenty-one  yiarv  wn 
at  her  elections.    Well,  wtm 
0  in  this  matter  ?    lU  wi^w 
from  her  constitutinn.  l>y  wind 
that  only  six  months'  pnv..., 
quired  to  acquire  tho  ri':hi  o| 

constitution    of  lllini)i>  i 
broader  and  more  liberal  t .„ 
There,  in  all  elections,  nil  v\a 
s  above  tho  ajie  of  twinty-o; 
>sided  in  the  State  six  nmwl, 
election,  shall  enjoy  the  rijiii 
[ow,  sir,  it  had  been  made  a 
:e  by  settlers  to  go  to  lllin 
other  new  States,  where  tin, 
citizens  before  they  could  votel 
ed  to  the  senators  from  lllin'r 
ras  not  now  the  case,  and  whviti 
[  not  now  vote  in  that  State  an 
residence. 

nson  said  that  such  wa.s  th'  fici 
were  two  constitutions  of  Stati 
nn  one  of  which  was  mo>t  sti 
:od  to  the  admission  of  Miehiji 
extended  the  ripht  of  sull'rast 
le  by  either  of  them.    Did  Mici 
in  thus  fixing  the  elective  fra 
intended  that  she  did  act  ri»L 
i  not  acted  so,  she  would  not  la| 
lencc  to  the  spirit,  if  ^not  the  wi 
ordinance   of   1787.    Michia 
t  ground,  while  the  States  of  01 
ent  back  in  making  perpetual 
ition  what  was  contained  in  i 
fvhen  Congress  admitted  them 
his  principle,  he  thought  it  vi 
\  any  of  their  senators  or  rej 
ideclare  that  Michigan  should 
because  she  has  extended  the  ri| 
>  the  few  persons  within  her  Im 
ion  of  her  constitution.   He 
\  a  good  deal  further  into  this  si 
he  was  exceedingly  an.xious  tl 
Should  be  made  soon,  he  would' 
femarks  any  further.    It  ai>i*a 
in  amendment  miiiht  very  wid 
bill,  requiring  that  the  a-ssent 
,f  Michigan  shall  he  given  to 
undary.    He  did  hope  that  by 
■ions  would  be  removed;  and 
I  ready  to  rush  into  our  arms,  w 
,ed  because  of  the  absence  of  f 
which,  "perhaps,  were  very  pw| 
not  indispensable. 

[her  point,  that  of  a  revolulou 
llr.  Buclianan  answered: 


•  I  think  their  course  is  clearly  justifiablp ;  I 
tat  if  there  is  any  thing  wnng  or  unusiu.!  in 
,  ,,  isto  l)e  attributed  to  the  neglect  of  Con- 
^jj.    For  three  yenr-i,  they  liavc  been  rapping 
l^voiir  door,  ond  a-sking  for  the  concent  of  (.'on    1 
Js«  to  f>rm  a  constitution,  and  for  .idmission 
J,o  the  Union;  but  their  petitions  have  not 
tiifii  hec<ic<l,  and  have  been  treated  with  neglect. 
\„t  Wing  able  to  be  admitted  in  the  way  they  ] 
Liu'ht,  they  have  been  forced  to  take  their  own  ; 
p^uJso.  and  stand  upon  their  right.s— rights  bc- j 
rtnxi  to  them  by  the  constitution  and  a  solemn  | 
iririxaialile  ordinance.      They  have  taken  the  \ 
ip.„i,ij  of  the  territory;    they  have  formed  a  I 
,(,jn  titiition,  elected  their  ofticers,  ami  the  whole 
Ljfhinery  of  a  State  government  is  ready  to  be 
Lit  in  operation  :  they  are  only  awaiting  yotir  \ 
Lftion.   Having  assumed  this  attitude,  they  now 
IdenwiKl  admis.sion  as  a  matter  of  ri.srht:  they 
imaiid  it  as  an  act  of  justice  at  your  liand.*. 
\re  thev  now  to  be  repelled,  or  to  be  told  tliiit 
tlKvmtis^t  retrace  their  step.s,  and  come  into  the 
n'lon  in  the  way  they  at  tirst  sought  to  do,  but 
itimld  not  oijtain  the  sanction  of  Congress  ?    .sir, 
I  fi'ar  the  consequences  of  stich  a  decision ;  1 
lireinble  iit  an  act  of  such  injustice." 

The  bill  passed  the  Senate  by  rather  a  close 
L,(f_twcnty-four  to  eighteen  ;  the  latter  being 
Iill  senators  in  the  opposition.  It  then  went  to 
lie  House  of  Representatives  for  concurrence. 
■Frora  the  time  of  the  admission  of  new  States, 
It  had  been  the  practice  to  admit  a  free  and 
llare  State  together,  or  alternately,  so  as  to 
jteep  up  a  numerical  equilibrium  between  them 
-a  practice  resulting  frorr.  some  slight  jealousy 
liisting,  from  the  beginning,  between  tho  two 
llisi«s  of  States.  In  1820,  when  the  Missouri 
ptroversy  inflamed  that  jealousy,  the  State  of 
[jssachusetts  divided  herself  to  furnish  terri- 
lorv  for  the  formation  of  a  new  free  State 
IMame)  to  balance  Missouri ;  and  the  acts  of 
longress /or  the  admission  of  both,  wore  passed 
Ucmporancously,  JIarch,  1820.  Now,  in  1830, 
■hen  the  slave  question  again  wa.s  much  in- 
jtmed,  and  a  State  of  each  kind  to  be  admitted, 
le  proceedings  for  that  puri)ose  were  kept  as 
iarly  together  as  possible,  not  to  include  them 
1  the  some  bill.  The  moment,  then,  that  the 
Michigan  bill  had  passed  the  Senate,  that  of 
Irkansas  was  taken  up,  under  the  lead  of  Mr. 
[ochanan.to  ivhom  the  Arkansas  application  had 
Kneonfided,  as  that  of  Michigan  had  been  to  Mr. 
uton.  Tiiis  latter  senator  alluded  to  this  cir- 
tmstanee  to  show  that  the  people  of  these  young 
Utcs  had  no  fear  of  trusting  their  rights  and 
litrcsts  to  the  care  of  senators  differing  from 
Itiiiselvi's  on  the  slavery  qnestion.    lie  said : 


•'It  was  worthy  of  notice,  that,  rn  tho  pr^- 
sciifafiiin  of  these  two  great  qurvtimis  fir  the 
.ndniis,«jon  of  two  State.-,  the  jh'oj.I.-  of  tho-e 
States  were  so  f^li-htly  atieeted  by  the  exer- 
tions that  had  been  niaile  to  disturb  ninl  tileer- 
ate  the  publie  mind  on  the  suliject  of  slavery, 
as  to  put  them  in  the  hands  of  senators  \\\n 
might  Ih'  siip]M>seil  to  i-nlertaiii  o|pinion.i  on  lliat 
suitject  ditU'relit  from  tln'se  held  l>y  the  .^tates 
whose  interest.*  they  were  eharged  with.  TIi'h 
the  peojde  of  Arkansa.s  had  ])nt  their  ni)]ilieation 
into  the  liands  of  a  geiitleniait  iniresenting  a 
non-slaveholding  State;  and  the  people  of  .Mich - 
gan  had  put  their  application  into  the  hands  of 
a  senator  (himself)  coming  from  a  State  where 
the  institutions  of  slavery  exi>ted  ;  all'ording  a 
most  beautiful  ilhistr.ition  of  the  total  inip'- 
tence  of  all  attempts  to  agitate  and  ulcerate  the 
public  mind  on  the  worn-out  subject  of  slavery. 
He  would  further  take  occasion  to  say.  that  th" 
al'olition  question  seemed  to  have  died  out  ; 
there  not  liaving  been  a  single  prc-ontativni  oC  a 
petition  on  that  subject,  since  the  general  jail 
delivery  ordered  by  the  Senate."' 

Mr.  Swift,  of  Vermont,  could  not  vote  for  the 
admission  of  Arkiuisa.s,  because  the  constitution 
of  the  State  .sanctioned  perpetual  slavery  ;  and 
said': 

"That,  although  be  felt  every  disposition  to 
vote  for  the  admission  of  tiie  new  State  into  the 
Union,  yet  there  were  operative  reasons  under 
which  he  must  vote  against  it.  On  looking  at 
the  constitution  subniitted  by  Arkansas,  he  found 
that  they  had  made  the  institution  of  slavery 
perpetual ;  and  to  this  he  could  never  give  bis 
assent.  lie  did  not  mean  to  oppose,  the  pa.s.saiie 
'  of  the  bill,  but  had  merel ;  '  i.  I'n  to  explain  the 
;  reasons  why  he  couhl  not  v>i    for  it." 

Jfr.  Buchanan  felt  himsel;'  bound  by  the  Jlis- 

i  souvi  compromise  to  vote^  for  the  admission,  and 

j  pointed  out  the  amelior.ating  feature  in  the  con- 

I  stitutionwhichguaia'.ieedtheright  of  jury  trials 

to  slaves ;  and  said : 

"That,  on  the  subject  of  slavery,  this  constitu- 
tion wa«  more  liberal  than  the  constitution  of 
any  of  the  slavehoMing  States  that  had  been  ad- 
mitted into  the  Union,  It  preserved  the  very 
words  of  the  otlicr  constitutions,  in  regard  to 

\  slavery  ;  but  there  were  other  i>rovisions  in  it  in 
favor  of  the  slaves,  and  among  them  a  pro'--si(,u 

'  which  secured  to  them  the  right  of  trial  by 

j  jury;  thus  putting  them,  in  that  i)articular.  on 
an  equal  footing  with  the  whites.  He  consider- 
ed the  compromise  which  had  Ix'cn  made,  when 

'  Missouri  was  admitted  into  the  I'nion,  as  havii  g 
settled  the  question  as  to  slavery  in  the  new 
South  Western  States ;  and  the  c<^inmittee,  there- 
fore, did  not  deem  it  right  to  interfere  with  the 

[  question  of  slavery  in  ,\rkan.sas." 


C30 


THIRTY  YEARS'  YIEVT. 


Air.  Prentiss,  of  Ycrmont,  oppMscd  the  mlinis-  j 
fioii,  oil  nrcount  of  tlif'"  n-vulutionary  "  iimnnor  i 
in  wliicli  tin-  Stato  liad  hi'ld  her  (.'oiivcntioii,  with- 
out tlie  aiithiiri/.ution  of  a  pn-'vious  net  of  Con- 
jrii'fis,  and  liirausu  Imt  cuiistitution  had  piveii 
jieriii'timl  sanction  to  slavi-ry ;  and,  riftTrin<:  to 
the  reasons  wliich  induced  him  to  vote  ajrainst 
the  adniission  of  Michigan,  said:  1 

"  That  he  must  also  vote  n;rainst  the  admissicin 
of  Arkansas.  He  viewed  the  movements  of 
these  two  territories,  wi(h  rejrard  to  tlieir  ad- 
mission into  the  (  nion,  as  <leeidedly  revolution- 
ary, formin};  their  constitution  without  the  pre- 
vious consciil  of  Congress,  and  importunately 
knock inj;  iit  its  doors  for  adniission.  The  oh- 
Jections  lie  had  to  the  admission  of  Arkansas 
)>artietili'rly,  were,  that  she  hiid  formed  her  con- 
stitution without  the  previous  assent  of  Con- 
l^'rcss,  and  iii  that  eonstilutioii  had  made  .slavery 
peipetiial,  aa  noticed  by  his  colleague.  Ho  re- 
gretted that  he  was  compelleu  to  vote  against 
this  hill ;  hut  he  could  not,  in  the  discharge  of 
)iis  duty,  do  otherwise." 

Jlr.  Morri.s,  of  Oliio,  spoke  more  fully  on  the 
oLjectiouable  point  than  other  senators,  justifying 
the  right  of  the  people  of  a  territoiy,  when 
amounting  to  00,000  to  meet  and  form  their  own 
coi  stitution — regretting  the  slavery  clause  in 
the  constitution  of  Arkansas,  but  refusing  to 
vote  against  lier  on  that  account,  as  she  tvas  not 
restrained  by  the  ordinance  of  1787,  nor  liad 
entered  into  agreement  agiiinst  slavcrj'.  lie 
said: 

"  Before  1  record  niv  vote  in  favor  of  the  passage 
of  tlie  bill  under  consideration,  f  must  ask  the 
indulgence  of  the  Senate  for  a  moment,  while  I 
oiler  a  few  of  the  reasons  which  govern  me  in 
the  vote  I  shall  give.  Being  one  of  tlie  repre- 
sentatives of  a  free  State,  and  believing  slavery 
to  be  wrong  in  principle,  and  mischievous  in 
practice,  I  wish  to  be  clearly  understood  on  the 
subject,  both  here  and  liy  those  I  have  the  honor 
to  represe'it.  I  have  objections  to  the  constitu- 
tion of  Arkansas,  on  the  groui'J  that  slavery  is 
recognized  in  that  constitution,  and  settled  and 
established  as  a  fundamental  principle  in  her 
pjverament.  I  object  to  the  existence  of  tiiis 
l>rinciple  forming  a  part  of  the  orgjuiic  law  in 
any  State ;  and  I  would  vote  against  the  atlmis- 
sion  of  Arkansas,  as  a  member  of  this  Union, 
if  I  believed  1  had  the  power  to  do  so.  The 
wi-ong,  in  a  moral  sense,  with  which  I  view 
slavery,  would  be  sufficient  for  mo  to  do  this, 
(lid  I  not  consider  my  political  obligations,  and 
the  duty,  as  a  member  of  this  bocly,  I  owe  to 
the  constitution  under  which  I  now  act,  clearly 
roquire  of  me  the  vote  I  shall  give.  1  hold  that 
ttny  jH)rtion  of  American  citizens,  who  may  re- 
kide  on  a  portion  of  the  territory  of  the  United  \ 


States,  whenever  their  numbers  shall  .imo'ii » ■ 
that  which  wo  li  !  entitle  them  to  a  n-tin..,.. ' 
tion   in  tlie  Il(»use  of  Hepresentativts  iMiv* 
gress.  have  the  right  to  provide  for  tlii'm.,  sl', 
constitution  and  Stale  government,  .inil  \.',]a 
adinitti-d  into  the  Lnion  whenever  ti,ev  (^ha]|  'f 
apply;  and  they  ur'e  not  bound  tow.iiti),.  ^1 


'••^^Itl 


tion  of  Couiiress  in  the  first  instance 
there  is  some  eomiiact  or  agvecniciit  nrinir 
them  to  do  so.     1   jiL-u^e  this  right  iiji,!n 
broad,  and.  I  consider,  indisputab.e  groiim]  t' t| 
all  jKirsons,  living  within  the  jurisdK;tion,,!'t''| 
United  States,  are  entitled  to  eipial  iirivi:|..,fj 
and  it  ought  to  be  matter  of  high  pratiii(.ii;,!J 
to  us  here,  that,  in  every  jiortion.  even  tlici;,,,, 
remote,  of  our  country,  our  jieople  iire  ar,v 
to  obtain  this  high  privilege  r.t  us  early  a  (iiiv ;, 
possible.    1 1  furnishes  clear  proof  that  tliu  L  ii  l 
is  highly  esteemed,  and  has  its  fomulation  ,iJ 
in  the  In  arts  of  our  fellow-citizens. 

"  By  the  constitution  of  the  Tnited  Siai,.. 
power  is  given  to  Congress  to  admit  new  S;j[,j 
into  the   Union.      Jt  is  in  the  diaiacttr  hI  i 
State  that  any  jwrtion  of  our  citizens.  inhawiiiJ 
any  part  of  the  territory  of  the  United  >t;<'i3 
must  apply  to  be  adinii'.ed  into  the  i'nii);i;( 
State  government  and  constitution  ii.usttiMlJ 
formed.     It  is  not  necessary  for  the  p()\ir(, 
Congress,  and  I  doubt  whether  Con;>iv-.s ! 
such  power,  to  prescribe  the  mode  by  whioli  i^ 
people  shall  form  a  State  constitution;  ami,'; 
this  plain  reason,  that  Congress  would  lo  c 
tirely  incompetent  to  the  exeroi.se  of  any  cotn ii 
power  to  cari'y  into  etl'ect  the  mode  tlicy  m:;l, 
prescril)e.     I  cannot,  therefore,  vote  apiaiiiit  tlJ 
admission  of  Arkansas  into  1  ho  Union,  on  ilJ 
ground  that  there  was  no  previous  act  of  (.'J 
gress  to  authori/e  the  holding  of  her  convontiiij 
As  a  member  of  Congress,  1  will  not  look  Ik 
yond  the  constitutioa  that  has  been  prc«t;it.< 
I  have  no  right  to  presume  it  was  foriiieil  Ijii 
competent  iiersons,  or  that  it  docs  not  fully cij 
press  tlie  opinions  and  wishes  of  tlie  iicopleo 
that  countiy.     It  is  true  that  the  Unitud  Stiiia 
shall  guarintee  to  every  State  in  the  I'liionl 
republican  form  of  government :  incaninfr,  in  mj 
judgment,  that  Congress  shall  not  permit  ani 
power  to  establish,  in  any  Stale,  a  govcrnnieif 
without  the  assent  of  the  people  of  such  ,^i,itc| 
and  it  will  not  be  amiss  that  we  renicnilxr  liirf 
also,  that  that  guaranty  is  to  the  State,  and  nJ 
as  to  the  formation  of  the  govtrnnicnt  by  tl{ 
l)eople  of  the  State ;  but  should  it  be  adraiitJ 
that  Congress  can  look   into  the  constitutioj 
of  a  State,  in  order  to  ascertain  its  cliaractel 
before  such  State  is  aJ.Mitted  into  the  Uiiiol 
yet  I  contend  that  Congress  cannot  ohject  to  | 
for  the  want  of  a  republican  form,  if  it  cumais 
the  great  juinciple  that  all  power  is  inhenn;  i 
the  people,  and  that  the  government  drew  all  ij 
ju.«t  powers  from  the  governed. 

'" The  people  of  the  teiritory  of  ArkiiM 
having  formed  for  themselves  a  State  govcit 
merit,  having  presente<l  their  constitution  fJ 
adnvissioa  into  the  Union,  and  that  constitute 


AXXO  183(5.     ANDREW  JACKSON'.  PRKSIDFAT. 


631 


tlii-ir  numhors  phall  amoMi  >  • 
!  fiititlo  them  V>  a  rv\>rf^.-. 
sc  of  Ucpri'st-ntntivis  in  (,,:., 
fiht  to  iifoviilc  fi>rthfm'H!v,N> 
Stnlc  ^oviTiiiinMit,  an'l  )., 
;!  L'nion  wlu-iii'vcr  l],vy  fh^!;  ^,] 
ai'o  not  lioimil  to  wait  tl, 
<  in  ihe  lirst  iiisiaiire,  ixr,.{| 
oiin«ict  or  uv'ici'iiicMt  rcqinr:', 
1  \i\suc  tliis  ri;;lit  (ipdn  ti,] 
isidiT,  iii(lis;)«ta!i.e  crouiid,  t';; 
p  within  the  jiirisflictioti  (■!'  tl., 
re  entitled  to  vi^wnl  prni'i., 
he  niiitter  of  hi^'h  prutiiiiji>f1 
in  every  ix)rtioi\.  evon  the  i;i. 
lonntry,  our  iK()])le  iire  anxi 
ijrh  privile<re  i;t  as  cnvly  a  ii:,y 
ninhes  clear  proof  that  thu  liii, 
lied,  and  has  its  foinulatiim  ',it 
'  our  (ellow-citizens. 
islitution  of  the  United  State 
to  Confrr'.'Si^  to  admit  new  S'.ji, 
1,      It  is  in  the  chaiaoter  nf 
[wrtion  of  our  citizens,  inb'w.ia, 
u  territory  of  the  United  Ms'ii 
be  admit  ed  into  the  Uninn; 
.■nt  and  constitution  ii.ustliwl 
not  necessary  for  the  p(]\  tri, 
I  douht  whether  t'i>n;iiv-s  1,. 
prescribe  the  mode hy  whiclitli 
mi  a  State  constitution ;  ami, 
son,  that  Conpres?  would  h 
Lent  to  the  cxerci.se  of  any  coer 
into  ctt'ect  the  mode  they  mij 
annot,  therefore,  vote  a^iainst  tl 
rkansas  into  the  Union,  on' 
re  was  no  previous  act  ot  (,' 
../e  tlic  holding  of  htrconvomM 
of  Congress,  1  will  not  look  1 
,itutioal;h:it  has  been  prc«m 
to  presume  it  was  formed  Ij.v 
.ions,  or  that  it  docs  not  t'lilht 
ions  and  wishes  of  the  peojilo  a 
It  is  true  that  the  United  Stw 
e  to  every  State  in  the  Union 
n  of  government :  meaninjr.  iii  w 
;  Congress  shall  not  permit  anj 
jlish,  iu  any  Stite,  a  goveniiiitij 
sent  of  the  people  of  such  State: 
be  amiss  that  we  rcnicnikr  \n' 
guaranty  is  to  the  State,  and  m 
ation  of  the  government  by  tl 
tate ;  but  should  it  be  adraitt. 
can  look  into  the  constitute 
order  to  ascertain  its  cluii^cK 
aite  is  ad:-'itted  into  tlieliiioi 
bat  Congress  cannot  object  to 
[■  a  republican  form,  if  it  omtai!] 
•iple  that  all  power  is  inherai*.  i 
that  the  government  drew  all  il 
in  the  governed. 
'  of  the  teiritory  of  Arkan: 
for  themselves  a  State  govti 
presentc<l  their  constihitioii  H 
the  Union,  and  that  constilui; 


,  .jj.,  re|iul)licnn  in  its  fumi,  and  believing  t'mt 
,'.,  Miidc  who  prepared  and  t^ent  this  constitu- 
lion  lii'"^'  '*''^'  '^"tticientiy  numerous  to  entitle 
Lm  to  a  ri'prese.Uativc  in  Congress,  and  l.v- 
.11,1?  a)."!*,  tliat  Congress  liaa  no  ri'rht  or  imwfi 
"  I  ."ulate  the  systeni  of  police  lliese  jK'ople 
vj„.  e.-ta'ilishwl  for   themselves,  and   the   or- 
liiiniiicc  of  I"'*'  '"'*   operating  on   them,  nor 
.J,,  they  entere.l  into  any  agreement  with  thv 
'niied  l^tates  tnat  slavery  should  not  be  admit- 
,J  ill  their  State,  have  tlie  i  ight  to  choose  this 
,,  f,r  tlieniselvcs,  though  I  ri'gret  that  they 
Inijiie  this  choice.     Yet,  believing  that  this  gov- 
Uj^niint  has  no  right  to  interfere  with  tlie  ques- 
tion "f  slavery  in  any  of  the  States,  or  prescriiie  , 
Ubia  slwll  or  ahall  not  be  considered  property 
Lj  the  ditl'erent  States,  or  by  what  tenure  pro- 
Lrtv  <'t'  a"y  kind  shall  be  holden,  Imt  that  all 
|ibe.,eare  exclusively  questions  of  State  jjolicy, 
llcaniU't,  as  a  member  of  this  bod}',  refuse  my 
Itoli'  to  admit  this  State  into  the  Union,  because 
,„,■  constitution  recognizes  the  right  and  exist- 
llireuf  slavery." 

}[r.  Alexander  Porter,  of  Louisiana,  would 
Ivot".'  against  the  admission,  on  account  of  the 
►revolutionary"  proceedings  of  the  people  in 
Ithc  formation  of  their  constitution,  without  a 
Irevious  act  of  Congress.    It  is  believed  that 
\Ir.  Clay  voted  upon  the  same  ground.     There 
Iwere  but  six  votes  against  the  admission ;  name- 
By :  Mr.  Clay,  Mr.  Knight  of  Rhode  Island,  Mr. 
Iportcr,  Mr   Prentiss,  Mr.  Eobbins  of  Rhode 
[Islanil,  and  Mr.  Swift.    It  is  believed  that  Mr. 
fclobbins  and  Mr.  Knight  voted  on  the  same 
round  with  Mr.  Clay  and  Mr.  Porter.    So,  the 
ill  was  easily  passed,  and  the  two  bills  went 
iofitlier  to  the  House  of  Representatives,  where 
Ihev  gave  ris;e  to  proceedings,  the  interest  of 
tLich  still  survives,  and  a  knowledge  of  which, 
Ihcrefore,  becomes  necessary.     The  two  bills 
tere  made  the  special  order  for  the  same  day, 
Mncsday,  the  8th  of  June,  Congress  being  to 
Lijoum  on  the  4th  of  July ;  and  the  Jlichigan 
having  priority  on  the  calendar,  as  it  had 
bt  passed  the  Senate.    Mr.  Wise,  of  Virginia, 
n  the  announcement  of  the  Michigan  bill,  from 
( chair,  as  the  business  before  the  House, 
lOTed  to  postpone  its  consideration  until  the 
isuing  Monday,  in  ordei  to  proceed  with  the 
Irkansas  bill.    Mr.  Thomas,  of  Maryland,  ob- 
Ktcd  to  the  motion,  and  said : 

'He  would  call  the  attention  of  the  House  to 
1  position  of  the  two  bills  on  the  Speaker'" 
le,  and  endeavor  to  show  that  this  postpone- 
nt  is  entirely  unnecessary.  These  bills  are 
I  the  Senate.    By  the  rules  of  thia  House, 


two.  I  may  my  three,  quc.^ticins  will  arise,  to 
U'  decided  licforc  they  can  1" cnini"  a  law,  so  far 
as  this  Ildiis,.  is  riincniid.  \\\.  must  |ir-t 
order  each  of  tlicM' bills  to  In- read  a  '.hirl  fitiu'-, 
the  i-.o.vt  i|Uistioii  .hill  will  be,  when  ^hall  the 
bill  lie  rv.i'lathird  time  .?  An<l  the  last  .jiiistiiii 
tobed.Tide<l  will  be,  sluill  the  bill  pjt-.s  .'  Why, 
then,  should  Sdutheni  men  now  in.ik'  .ineflort  to 
give  precedence  to  tlie  bill  for  the  udmis.-ion  <d" 
Arkan.sis  into  the  Union  ?  If  tin  y  manifest  <li.- 
trusf,musf  wcnot  expect  that  fni.'s  will  lieeiitiT- 
tainod  by  Northern  mcmlicrs,  that  •I'livasoiiablc 
opposition  will  bonuide  to  tti.'adini.-.iMii  of  .Michi- 
gan ?  Let  us  jifocced  harmoniously,  until  we 
llnd  that  our  harmony  must  le  intcrruj'fcd. 
We  shall  lose  nothing  by  so  d(.iiig.  If  a  iiia- 
.jority  of  thf  House  be  in  favor  of  ri'adiiig  a 
third  titiic  the  .Michigan  bill,  they  will  order  it. 
to  be  done.  After  tl.  ;t  vote  litis  'been  taken,  we 
can  refuse  to  read  the  bill  a  third  time,  go  into 
Committee  of  the  Whole  on  the  state  of  the 
Union,  then  consider  t..c  Arkan.sas  bill,  rciwirt  it 
to  the  House,  order  it  to  be  read  a  third  time,  and 
in  this  onlir  proceed  to  read  them  each  a  third 
time,  ifa  majority  of  the  House  be  in  favor  of  that 
proceeding.  Let  it  not  be  said  that  Southeiii 
men  may  be  taken  by  suri)rise,  if  the  procceiliuL' 
here  respcctfidly  recommended  be  a<loptcd.  If 
the  friends  of  Arkansas  arc  stiflicieiitly  numer- 
ous to  carry  now  tie  motion  to  jiostponc,  they 
can  arrest  at  any  time  the  action  of  the  House 
on  the  Michigan  bill  until  clear  undiibitalile  in- 
dications have  been  given  that  the  .Niis.^oiiri 
compiomise  :s  not  to  bo  disregarded." 

These  latter  worils  of  Mr.  Thomtis  rovea'cil 
the  point  of  jealousy  between  some  Southern 
and  Northern  member.s,  and  brought  the  observ- 
ance of  the  Missouri  compromise  fully  into  view, 
as  a  question  to  be  tried.  Mr.  "Wise,  after  seme 
remarks,  modified  his  motion  by  moving  to  re- 
fer both  bills  to  the  Committee  of  the  Wh  le 
on  the  state  of  the  Union,  wi»,h  instructions  to 
incorporate  the  two  bills  in  o  one  bill.  Mr. 
Patton,  of  Virginia,  opposed  tlio  latter  motion, 
and  giive  his  reasons  at  length  against  it.  If  his 
colleague  would  so  modify  his  motion  as  to  move 
to  refer  both  bills  to  the  Committee  of  the 
Whole  House,  without  the  instructions,  he 
would  vote  for  it.  Mr.  Bouldin,  of  Virginia, 
successor  to  Mr,  Randolph,  said : 

"  He  agreed  with  his  colleague  [Mr.  Patton]  in 
a  fact  too  plain  for  any  to  overlook,  tliat  both 
bills  must  be  acted  on  sepai-ately,  and  that  oii« 
must  have  the  preference  iu  point  of  time, 
Michigan  had  it  at  that  time — he  was  willing  it 
should  hold  it.  His  colleague  [Mr.  PattonJ 
seemed  to  think  that  in  the  incipient  steps 'ii  r»?- 
lation  to  this  bill,  it  would  be  well  enougrh  1o 
suCer  Michigan  to  hold  her  prcseut  position; 


1  , 


C32 


THIUTV  YEAltS'  VIEW. 


but  tlmt,  Iwf'iro  the  finnl  pw'sape  of  the  bill,  it 
woiiM  ho  well  to  i('<|iii(-(!  of  tlu;  IFoiiw  (or  nitlier 
of  tliL'  iion-hl.ivt'lioldini;  fK)rtion  of  thi-  I'liioii)  to 
ffive  nr)iii<'  uiu'i|iiivo4:nl  piariinty  to  the  South 
tliat  no  ililljculty  would  In;  raiseil  ns  to  the  rc- 
ci'ption  of  Arkansas  in  ri'^ac'l  to  nc}:ro  slavery. 
Mr.  H.  was  wilHuf?  to  po  on  with  llie  hill  for  the 
««lTnist<ion  of  Micliipan.  lie  hail  the  nioiit  im- 
plicit conliilenci!  in  the  House,  jtarticuiarly  nl- 
iudinir  to  the  non-slavelioldinp  jiart  of  tht  Union, 
that  no  serious  difliculty  would  he  made  as  to 
tiie  admission  of  Arkansas  in  regard  lo  ncpro 
slavery.  If  there  were  any  serious  difliculties 
to  he  niisod  in  the  House  to  the  admission  of 
Arkansas,  upon  the  pround  of  nepro  slavery,  he 
wished  immediate  notice  of  it.  If  his  confidence 
was  misplaced,  hi!  wished  to  be  corrected  as  soon 
and  as  certainly  as  possible.  If  there  really  was 
any  intention  in  the  House  of  putting  the  South 
ii;;der  any  difliculty,  restraint,  limit,  any  shackle 
or  embarrassment  on  the  South  on  ircount  of 
negro  slavery  (some  pcntlomcn  said  slaver^'-,  but 
)ie  said  negro  slavery),  he  wished  to  know  it. 
If  there  were  any  individuals  having  such  feeling, 
ho  wished  to  know  them ;  he  wished  to  hear 
their  names  upon  yeas  and  nays.  If  there  were 
a  majority,  he  should  act  promptly,  decisively, 
immediately  upon  it,  and  had  no  doubt  all  the 
■nth  would  do  the  same.  There  might  be 
some  question  as  to  the  claim  of  non-slavehold- 
ing  Slates  to  stop  the  progress  of  Southern 
hahits  and  Southern  influence  Northward.  As 
to  Arkansas,  there  could  be  no  question  ;  and  if 
seriously  pressed,  such  claims  could  leave  no 
doubt  on  the  minds  of  the  South  as  to  the  object 
of  thoh^e  who  pressed  them,  or  the  course  to  be 
pursued  b^'  them.  Such  a  stand  being  taken  by 
tiie  non-slavcholding  States,  it  would  make  little 
dillerence  whether  Michigan  Avas  in  or  out  of 
this  Union.  He  said  he  would  sit  down,  again 
assuring  the  House,  and  the  gentlemen  particu- 
larly from  the  non-slaveholding  States,  of  his 
entire  confidence  that  no  such  thing  would  be 
seriously  attempted  by  any  considerable  num- 
bers of  this  House  ' 

Mr.  Lewis,  of  ifortli  Carolina,  took  decided 
ground  in  favor  of  giving  the  Arkansas  bill  the 
l>riority  of  decision ;  and  expressed  himself  thus : 

"  He  should  vote  for  the  proposition  of  the 
gentleman  from  ^'irginia  |^Mr.  Wise]  to  lay  the 
bill  for  the  admission  of  Michigan  into  the  Union 
on  the  table,  until  the  bill  for  the  admission  of 
Arkansas  should  be  first  passed.  He  should  do 
this,  for  the  obvious  reason  that  there  were 
dangers,  ho  would  not  say  how  great,  which 
beset  Arkansas,  and  which  did  not  beset  Michi- 
gan. The  question  of  slavery  could  be  moved 
as  a  condition  for  the  admission  of  Arkansas,  and 
it  could  not  as  a  condition  to  the  admission  of 
Michigan.  I  look  upon  the  Arkansas  question 
as  therefore  the  weaker  of  the  two,  and  for  that 
reason  I  would  give  it  precedence.  Besides,  upon 
khe  del'  Jate  question  which  may  be  inv  olved  in 


the  wlmission  of  Arkanonn,  wc  may  ho  tho  n-f  ' 
party  in  this  House.     For  that  reason,  if  c.r*' 
men  mean  to  olfer  no  ohstnictions  to  tlic  adtn  *.  *" 
of  Arkansas,  kt  them  give  the  ossur.uKxijvf^ 
inp  the  weaker  party  through  with  iho  n,.!|{'' 
question.     We  of  the  South  cannot,  niwi  will  n, 
as  I  pledpo  myself,  offer  any  objectiiins  (q  ,■ 
flomestic  institutions  of  Mirhipan  with  r(t» 
to    silvery.    Can    any  gentleman    rnaku  tL 
same  pledpe  tlmt  no  such  propositidn  i-lmH^. 
from  the  Is'orth?    Besides,  the  two  hills  ;„y.''*. 
now  on  an  equal  footinp.    The  hill  fortluji. 
mission  of  Arkansas  must  bo  sent  to  a  (.'(iji,,,,;' 
tec  of  tho  Whole  on  the  state  of  the  liiiDii.  '\\1 
bil.  for  tho  admission  of  Michigan  iitcd  not  nJ 
cessarily  go  to  that  committee.    It  will  tlHNfon 
pass  in  perfect  safety,  while  we  shall  U.  Kft  ,j 
get  Arkansas  along,  through  the  tedious  st.iJ 
of  commitment,  as  well  as  we  can.    Thcfintjl 
man  from  Pennsylvania  [Mr.  Sutherlanif]  s,,! 
that  these  two  bills  will  bo  hostapcs  [„r  tjJ 
safety  of  each  --Ukt.     Not,  sir,  if  you  ^ix^i  tJij 
stronger  bill  in  advance  of  the  weaker.    liesjiU 
the  North  want  no   hostages  on  this  fiii,j„.J 
Their  institutions  cannot  l-e  attackiil.    ^Vc  rl 
the  South  want  a  hostage,  to  protect  us  onT 
delicate  question ;  and  the  effect  of  piviii;;  i  ^ 
cedence  to  the  ilichigrui  bill  is  to  deprive  us  1 
that  hostage." 

Mr.  Gushing,  of  Massachusetts,  addressed  thi 
committee  at  length  on  the  subject,  of  nhieij 
only  the  leading  passages  can  be  given.    He  saidj 

"  The  House  has  now  continued  in  session  [li 
the  space  of  eighteen  or  nineteen  hours,  witjioul 
any  interval  of  refreshment  or  rest.    It  is  inmoa 
sible  to  mistake  the  intentions  of  the  rulin"  m 
jority.    I  see  clearly  that  the  conimitteelsr 
solved  to  sit  out  the  debate  on  these  impc  -tanl 
bills  for  the  admission'of  Michigan  and  Aikansi, 
into  the  Union.    This,  it  is  apparent,  the  mj] 
jority  have  the  power  as  well  as  the  ri>rlit  to  dl 
Whether  it  be  just  and  reasonable,  is  anothel 
question.    I  shall  not  quarrel,  liowever,  witl 
the  avowed  will  of  the  House.    It  has  iloiieii 
the  favor  to  hear  me  with  patience  on  other  o. 
casions ;  and  I  cannot  render  it  the  unfit  retun 
of  trespassing  on  its  indulgence  at  this  unsea^oii 
able  hour,  nor  seek  to  defeat  its  jiurposes  bj| 
speaking  against  time.    But  having  been  charj 
ed   with    sundry  memorials   from  citizens  i 
M,   sachusetts  and  New  Hampshire,  remonstratj 
ing  against  that  clause  in  the  constiliuion 
Arkansas  which  relates  to  the  subject  of  slaven 
I  shotdd  be  recreant  to  the  trust  they  have  i 
posed  in  mo,  if  I  suflFered  the  bill  for  the  adr 
sion  of  Arkansas  to  pass  without  a  word  of  pre 
testation.      The    extraordinary    circiimstar.cs 
under  which  I  rise  to  atMress  the  committed 
impel  me  to  brevity  and  succinctness;  but  thej 
would  aflbrd  me  no  justification  for  a  p,vsii 
acquiescence  in  the  admission  of  Arkan«a,<;  ini 
the  Union,  with  all  the  sins  of  its  constitiiia)^ 
upon  its  bead. 


AN'N'O  1836.    ANDREW  JACKSON'.  I'UIOSIDKNT. 


G33 


IrkansnR,  wc  may  Ir  tlic  «,,v,J 
ISO.  For  that  rt-a.-on,  if  <.,  ^i , 
no  obstnictions  to  the  mli,,;., 
ihcni  pivc  the  ohsumik  o  u  |„  .j 
>arty  tlirouph  with  tljc  wimI^!, 
'  the  South  cannot,  ihhI  \\,\\  „ ,, 
L'lf,  offer  any  ohjeotiom,  („  ,• 
tions  of  Mirhifian  with  ri-;,j 
n    any  (gentleman    tnaku  tu 

no  such  propohitidi)  j-liall  ooJ 
'     Besides,  the  two  l/ills  me  ii,h 

footinfr.    The  hill  fortl 
isas  must  be  sent  to  a  Comii,' 

on  the  state  of  t)ie  Inion.  jU 
ssion  of  Michigan  need  nut  ^ 
lat  committee.  1 1  will  tin n  f,jr( 
afcty,  while  we  shall  U'  Kft  \4 
»ng,  through  the  tedious  stapj 
as  well  a.s  we  can.  The  p  ntlc^ 
sylvania  [Mr.  Sutherlati'l]  fx:i 

bilU  will  be  hostages  f.jr  tin 
tluT.    Not,  sir,  if  you  )i!i.-3  th^ 
id vance  of  the  weaker.    IksiiltJ 
t  no   hostages  on  this  fnlijid 
18  cannot  l>e  attacked.    ^Ve  oj 
;  a  hostage,  lo  protect  us  on  if 
n ;  and  the  cH'ect  of  piviuj:  ^i^ 
klichigai!  bill  is  to  deijrive  u,  i| 


of  Mupsachusctts,  addres.ecd  th( 
ength  on  the  subject,  of  whid 
;  passages  can  be  given.    lie  saiij| 

has  now  continued  in  session  f'lj 
iteen  or  nineteen  hours,  withoul 
•efreshment  or  rest.    It  is  impoaJ 
the  intentions  of  the  rulinj!  i 
:lcarly  that  the  coiamittce  is  r 
the  debate  on  those  impc  'tani 
ion' of  Michigan  and  Aikans* 
This,  it  is  apparent,  the  md 
power  as  well  as  the  rislit  to  doi 
just  and  reasonable,  is  anothel 
all  not  quarrel,  however,  vriti 
of  the  House.    It  has  ijoiic  i 
ir  me  with  patience  on  other « 
:annot  render  it  the  unfit  retun 
its  indulgence  at  this  unseasoui 
seek  to  defeat  its  purposes  I 
time.     But  having  been  charj 
_^  memorials   from  citizens  i 
nd  New  Hampshire,  renionstratj 
clause  in  the  constitution 
relates  to  the  subject  of  slavcrj| 
■eant  to  the  trust  they  have  i 
suffered  the  bill  for  the  admia 
s  to  pa.ss  without  a  word  of  pre 
extraordinary    circurastaM 
rise  to  at' dress  the  eominittd 
vity  and  succinctness ;  hut  thej 
110  justification  for  a  pi<siJ 
the  admission  of  Arkansas  i 
all  the  sins  of  its  couslitmd 


3 


.jjj^fon'tittition  of  Arknnww,  m  communi- 

■  {^('(inpn-ss  in  the  niemorial  of  tin-  people 

(ih>t  Territory,  praying  to  b(!  admitted  into 

,  [„ii,n.  ff-ntnins  the  fidlowing  clause  :  '  The 

Pnfnl  As-enibly  phall  havo  no  power  to  pags 

Ij'fi  r  'hi'  emancipation  of  slaves  withr)Ut  tlic 

-...nt  of  the  owners.      They  Khali   have  no 

L^er  ti)  prevent  emigrants  to  this  State  from 

rn'ini  with  them  such  persons  a><  are  diM-nied 

i^5^  liv  the  laws  of  any  one  of  the  United 

Ittti^.'  T''"*  provisiim  of  the  constitution  of 

Vrkan-H'*  is  condemned  by  those  whom  I  re- 

;,,nt  on  this  occr.sion  as  anti-republican,  as 

^„j  on  general  principles  of  civil  polity,  and 

•  oi.iust  to  the  inhabitants  of  the  iion-slave- 

Ldinir  States.    They  object  to  it  as  being,  in 

let,  a  provision  to  render  slavery  perpetual  in 

, new  State  of  Arkansas.     I  concur  in  repro- 

tlinij  such  a  clau.se.      The  legislature  of  Ar- 

jiasis  forbidden  to  emancipate  the  slaves  with- 

Usj  iri.sdiction,  even  though  it  should  be  ready 

Lnlcmnify  fully  their  owners.     It  is  forbidden 

[escliiile  slaves  from  being  imported  into  the 

Ute,  I  cannot,  by  any  vote  of  mine,  ratify  or 

union  a  constitution  of  government  which 

niertakcs  in  this  way  to  foreclose  in  advance 

eprojrress  of  civilization  and  of  liberty  forever. 

loiJiT  to  do  justice  to  the  unchangeable  opin- 

!  of  the  North,  without,  in  any  respect,  in- 

jlin'thc  rights,  real  or  supposed,  of  the  South, 

ycolieagiie  [Mr.  Adams],  the  vigilant  ej-e  of 

[hose  unsleeping  mind  there  is  nothing  which 

spes,  hiui  moved  an  amendment  of  the  bill  for 

(ailmission  of  Arkansas  into  the  Union,  so 

lit  if  the  amendment  be  adopted,  the  bill  would 

I  as  follows :    '  The  State  of  Arkansas  is  ad- 

iited  into  the  Union  upon  the  express  condition 

It  the  people  of  the  said  State  shall  never  inter- 

(witli  the  primary  disposal  of  the  public  lands 

lin  the  said  State,  nor  shall  they  levy  a  tax 

liny  of  the  lands  of  the  Unitftd  States  witliin 

jfsiid  State ;  and  nothing  in  this  act  shall  be 

fctnicd  as  an  assent  by  Congress  [to  the  arti- 

Jin  the  constitution  of  the  said  State  relating 

Islavoryand  to  the  emancipation  of  the  slaves, 

Itoallortoanyof  the  propositions  contained  in 

Joriiiiiance  of  the  said  convention  of  the  people 

(.Irkansas,  nor  to  deprive  the  said  State  of 

aaMis  of  the  same  grants,  subject  to  the  same 

krictions,  which  wore  made  to  the  State  of 

Koiiri.'    This  amendment  is,  according  to  my 

Bpiieut,  reasonable  and  proper  in  itself,  and 

rory  least  that  any  member  from  the  North 

^propose  in  vindication  of  the  opinions  and 

ciples  of  himself  and  his  constituents. 

fit  is  opposed,  however,  by  the  gentleman 

iViririnia  [Jlr,  Wise],  with  his  accustomed 

r  and  ability.      He  alleges  considerations 

kerse  to  the  motion.     He  interrogates  the 

jal^of  the  proposed  amendment  in  regard  to 

[force,  effect,  and  purposes,  in  terms  which 

1  tfl  challenge  response ;  or  which,  at  any 

ufnot  distinctly  and  promptly  met,  would 

e  the  ohjections  which  those  interrogatories 

felly  convey,  to  be  taken  as  confessed  and 


!  admitted  by  niir  signiflcnnt  cilini-r.  What  ninv 
'  Ix'  tbo  opiiiiiin*  of  Mmtin  Van  lliiivn  ai  to  this 
particular  bill,  wli.it  lii.H  coiKliict  f-iiii.  -ly  in  rc- 
fcrt'iirr  to  a  similar  case,  is  a  pcdiit  c  .nifininu' 
which  r  can  have  no  cnntKiviT^y  with  the  irt'ti- 
'  tlcnian  from  Virtriuia.  I  look  only  to  the  incriis 
'  of  tlio  fpisetion  txTore  the  conimiiirc.  Tlici-!-  is 
'  involved  in  it  a  principle  wbidi  I  n;.':ird  iis  ini- 
j  measurably  more  important  than  the  opinion 
of  any  indivirlual  in  this  nation,  liowt  ver  high 
his  present  situation  or  bis  possible  dc^tiiiv — 
the  great  principle  of  constitution;!]  I'lciiloin. 
The  gentleman  from  Virginia,  who.  |  ch»"ifiillv 
admit,  is  always  frank  iiiid  lionniablc  in  bis 
course  upon  this  floor,  has  just  diihurd  that, 
as  a  Southern  man.  he  had  felt  it  to  lie  his  diitv 
to  come  forwaiil  iiiid  take  a  stand  in  liclialt'  of 
an  institution  of  the  South.  TImt  institution 
is  slavery.  In  like  manner,  I  feci  it  to  b{>  my 
duty,  as  a  Northern  man,  to  take  u  cuinter 
stand  in  conservation  of  one  among  the  deurest 
of  the  institutions  of  the  North.  This  institu- 
tion is  liberty.  It  is  not  to  assail  slavery,  but 
to  defend  liberty,  that  I  speak.  It  is  demandeil 
of  us.  Do  you  seek  to  impose  restiictions  on 
Arkansas,  in  violation  of  the  compromise  under 
which  Missouri  entered  the  Union  ?  I  might 
content  myself  with  replying  that  tiie  Sfato  of 
Massachusetts  was  not  a  party  to  that  compro- 
mise. She  never  directly  or  indirectly  a.-sented 
to  it.  Most  of  her  Representatives  iii  Congress 
voted  against  it.  Those  of  her  Repre-cntativcs 
who,  regarding  that  compromise  in  the  light  of 
an  act  of  conciliation  important  to  the  geni'ral 
interests  of  the  Union,  voted  for  it.  Mere  disa- 
vowed and  denounced  at  home,  and  were  stig- 
matized even  here,  by  a  Southern  im  iiiljcr.  as 
over-compliant  towards  the  exactiiigiiess  of  the 
South.  On  the  first  introduction  of  this  sub- 
jcct  to  the  notice  of  the  House,  the  gentleman 
from  Virginia  made  a  declaration,  whitdi  I  par- 
ticularly noticed  at  the  time,  for  the  jmrposo 
of  having  the  tenor  of  the  declaration  distinctly 
understood  by  the  House  and  by  the  country. 
The  gentleman  gave  it  to  be  known  that,  "if 
members  from  the  North  held  themselves  not 
engaged  by  the  temis  of  the  comi)roinise  under 
which  Missouri  entered  into  the  Union,  neither 
would  members  from  the  South  hold  themselves 
engaged  thereby ;  and  that,  if  wo  sought  to  im- 
pose restrictions  affecting  sliivc  jnoperty  on  the 
one  hand,  they  might  be  impelled,  on  the  other 
hand,  to  introduce  slavery  into  the  lieurt  of  tho 
North.  I  heard  the  suggestion  with  the  feel- 
ings natural  to  one  born  and  bred  in  a,  Innd  of 
equality  and  freedom.  I  took  occasion  to  pro- 
test, in  the  surprised  impulse  of  the  moment, 
against  the  idea  of  putting  restrictions  on  liberty 
in  one  quarter  of  the  Union,  in  retaliation  of  the 
attempt  to  limit  the  spread  of  slavery  in  an- 
other quarter.  I  held  up  to  view  the  incon- 
sistency and  Ineon.sequence  of  uttering  the 
warmest  eulogiums  on  freedom  one  day,  of 
pouring  out  aspirations  that  the  spirit  of  liberty 
might   pervade   the  universe,  and  at  another 


C34 


TIIIUTY  YEAIW  VIKW. 


(iiric  tlircatcniii(r  tlic  North  with  the  estnltlish- 
iiiciit  ofSliivfrv  within  its  liordurs,  if  a  Nortlicrn 
inc'inhi'i-.shdiilil  dcprcciito  the  U'Riil  perpetuation 
of  .sldvi'Py  ill  ft  pnipD-ed  new  Slate  of  the  West. 
It  iliil  not  fall  within  the  riik-H  of  pertinent 
di'liiile  to  [lur.siie  tlic  fiuhject  at  tJiat  lime;  and 
I  hiive  hut  a  siii^de  idea  to  present  now.  in  ad- 
dition to  wlijit  I  tlien  ohserved.  It  is  not  pos- 
siljle  for  nic  to  jndjre  whetlier  tlie  gentleman 
from  Virginia,  and  any  of  his  friends  or  fellow- 
eilizi'iis  at  the  South,  deliijerately  and  Hoherly 
c'lierisli  tlie  extraordinary  purjioso  wliich  liis 
lanfjna,'.'e  implied.  I  tru.st  it  was  Init  a  hasly 
thoujrht.  struck  out  in  the  ardor  of  tlehale.  To 
iiitnxhice  slavery  into  the  lieart  of  the  North? 
Vain  idea  !  Invasion,  pestilence,  fivil  war,  may 
C()ns])ire  to  exterminate  the  ei^ht  millions  of 
free  spirits  who  now  dwell  tliere.  'J'his,  in  the 
Ion;?  lapse  of  ages  incalculahle,  is  possible  to 
ha})ipen.  ^'on  may  raze  to  the  i'arth  the 
thronged  cities,  the  industrious  village.s,  the 
peaceful  liamlels  of  the  North.  You  may  hiy 
waste  its  fertile  valleys  and  verdant  hill-side?. 
You  may  i)laut  its  very  soil  with  salt,  and  con- 
sig;n  it  to  everlasting  desolation.  You  may 
transform  its  beautiful  fields  into  a  desert  as 
bare  as  the  blank  face  of  the  sands  of  Sahara. 
You  may  reach  the  realiy/vlion  of  the  infernal 
boast  with  which  Attila  the  Hun  marched  his 
liarbaric  ho.-ts  into  Italy,  demolishing  whatever 
there  is  of  civilization  or  prosperity  in  the 
happy  dwellings  of  the  North,  and  reducing 
their  very  substance  to  powder,  so  that  a  squad- 
ron of  cavalry  shall  gallop  over  the  site  of  popu- 
lous cities,  unimpeded  as  the  wild  steeds  on  the 
savanniis  of  the  AVest.  All  this  you  may  do: 
it  is  within  the  bounds  of  physical  possibility, 
liiit  I  solemnly  assure  every  geiUleman  within 
the  sound  of  my  voice,  I  proclaim  to  the  country 
and  to  the  world,  that,  until  all  this  be  fully 
accomplished  to  the  uttermost  extremity  of  the 
letter,  you  cannot,  you  shall  not,  introduce 
slavery  into  the  heart  of  the  North." 

A  point  of  order  being  raised  whether  the  two 
bills  were  not  required  by  a  rule  of  the  House 
to  go  before  the  Committee  of  the  Whole, 
the  Speaker,  Jlr.  Polk,  decided  in  the  affirma- 
tive— the  Arkansas  bill,  upon  the  ground  of 
containing  an  appropriation  for  the  salary  of 
judges ;  and  tliat  of  Michigan  because  it  provided 
for  judges,  which  involved  a  necessity  for  an 
appropriation.  The  two  bills  then  wtnt  into 
Committee  of  the  AVhole,  Mr.  Speight,  of  North 
Carolina,  in  the  chair.  3Iany  members  spoke, 
and  much  of  the  speaking  related  to  the  boun- 
daries of  Jlichigan,  and  especially  the  line  be- 
tween herself  and  the  State  of  Ohio — to  which 
no  surviving  interest  attaches.  The  debate, 
therefore,  will  only  be  pursued  as  it  presents 
points  of  present  and  future  interest.    These 


may  Imj  axsumed  under  thrre  h(ar)«-  i  -1 
fonnation  of  constitutions  without  tlio  hrt  ; 
assent  of  Congress;  and  tliis  was  nphjici   1 
both  States.     2.  The  right  of  aliins  t„  v,,,,,  J 
foro  naturalization.     3.  The  ri^rht  of.\r'    j 
to  bo  admitted  with  slavery  by  viitm.  ,i  1 
rights  of  a  State,— by  virtue  of  tlu'  third  ar-j 
of  the  treaty  wliich  ceded  I.ouisiaiia  t„ ,, 
United  States — and  by  virtue  of  the  y\  <. 
compromise.     On  tlicse  points,  Mr.  Hm,,,, 
Ohio,  spoko  thus : 

"  One  of  the  principal  objections  ur'^'cd  a^jj 
their  admission  at  this  time  is,  tliat^tlnir 
ceedings  have  been  lawless  and  ruvolutidna 
and  that,  for  the  example's  sake,  if  for  n,, ,  ,ij 
reason,  wo  i^hould  reject  their  apiiljcatiiin  j 
force  them  to  go  back  and  do  all  their 
over  again.     I  cannot  assent  to  this  propositi 
Two  ways  arc  open  to  every  territory  that  i 
sires  to  emerge  from  its  (lependunt  con.Jii^ 
and  become  a  State.    It  may  either  petition  c3 
gross  for  leave  to  form  a  State  constituiirtn  d 
when  that  pennission  is  given,  jiroewil  h{\ 
it,  and  present  the  new  State  constitution] 
our  approbation  ;  or  they  may  meet, ir.  lhc{ 
ins taa^Cj  form  the  constitution,  ami  ofiir  it i 
our  approvol.  There  is  no  impropriety  in  till 
mode.    It  is  optional  with  Congress,  at  lajt,] 
admit  the  State  or  not,  as  may  bo  thonj;litejf 
dient.    If  they  wish  to  admit  h<r.  tlieycanl 
it  by  two  acts  of  Congress ;  one  to  autlioJ 
the  formation  of  a  constitution,  and  tiie  A 
to  approve  of  it  when  made ;  or  by  one  act] 
lowing  the  prayer  of  the  petitioners  to  kco 
a  State,  and  approving  of  their  constitution! 
the  same  time.      This  latter  course  is  the  ( 
adopted  in  the  present  case.    There  is  nutl^ 
disrespectful  in  it.    Indeed,  there  is  miichl 
justify  the  Territory  in  its  procecdinp,  y| 
after  ycor  they  petitioned  for  leave  to  ft 
constitution,  and  it  was  refused,  or  their  api 
cation  was  treated  with  neglect.    Wcariid  v 
repeated  instances  of  this  treatment,  thev  I 
formed  a  constitution,  brought  it  to  us.  i 
asked  us  to  sanction  it,  and  admit  them  into  j 
Union.    We  have  the  authority  to  do  liiis;  j 
if  their  constitution  is  i-epublican,  we  oiijlii 
do  it.    There  is  no  weight  in  this  objcctioaj 
I  will  dismiss  it  without  further  remark, 
other  objection  is,  that  aliens  have  aided  inn 
ing  this  constitution,  and  are  allowed  the  r 
of  suffrage  in  all  elections  by  the  provisio^ 
contains.     As  to  the  lirst  point,  it  is  su 
to  say  that  all  the  new  States  northwest  ofl 
Ohio  formed  their  constitutions  precisely  inl 
same  way.     The  ordinance  of  1787  docs  not! 
quire  sixty  thousand  citizens  of  the  X^ 
States  to  be  resident  within  the  limits  of  ai 
State,  in  order  to  authorize  a  constitution! 
admission  into  the  Union.     It  requires  | 
number  of   '  free  inhabitants ;'  and  the  i 
who  resides  there,  if  he  be  a  •  free  iniialitJ 


ANNO  isar..     ANDREW  JACKsoN.  nu:sir)KNT. 


(;:j.> 


lmI  iimliT  UiFoo  \\vvh:  1,  j 
nstiliitions  without  iho  prcv.,,, 
rcss:  anil  thw  \va.s  ajiiilicuVi.  | 
J.  The  I'iglit  <if  ttlkii>  tc  \..\,.\ 
tion,  3.  The  rijrht  of  Adanj 
il  with  slavery  by  virtue  of  i 
tc, — Ijy  virtue  of  llu'  third  arti, 
which  ceded  I^uisiana  t,  i 
—and  by  virtue  of  the  Mii^ 
On  thcHC  points,  Mr.  llani(r| 
lus: 

1  principal  ohjcctions  urjKdnni, 
)n  at  this  thnc  is,  that  tlioir  j, 
been  lawless  and  revcilutionai 
Lhe  example's  sake,  if  for  no  ,i 
lould  reject  their  apjdication,  i 
)  po  back  and  do  all  tliiir  w 
[  cannot  assent  to  this  propo^it 
D  open  to  every  territory  that , 
rjie  from  its  depcndi'nt  conJiii 
State,    it  may  either  petition  C 
e  to  form  a  State  constitulion.i 
crmission  is  piven,  proceed  to  (: 
nt  the  new  State  constitution 
ion  ;  or  they  may  mcet.ir,  Ik 
n  the  constitution,  and  ofilr  it 
.  There  is  no  impropriety  in  cit 
optional  with  Congress,  at  last, 
ate  or  not,  a.s  may  be  thoujihtt . 
ey  wish  to  admit  In  r,  they  can 
;ts  of  Conjrress ;  one  to  autlioi 
of  a  constitution,  and  tlic  oti 
.  it  when  made  ;  or  by  one  act,] 
irayer  of  the  petitioners  to  btcol 
approving  of  their  constitution! 
ne.      This  latter  course  is  tiie  f 
the  present  case.    There  is  nuttL 
I  in  it.     Indeed,  there  is  mucJii 
Territory  in  its  proceeding,  Y| 
:hey  petitioned  for  leave  to  foi 
and  it  was  refused,  or  their  afl 
Tcatcd  with  neglect.    'Wcariid  \ 
stances  of  this  treatment,  they  1 
onstitution,  brought  it  to  us, 
sanction  it,  and  admit  them  mtol 
have  the  authority  to  do  lliis;f 
titution  is  republican,  wc  oiiflit 
re  is  no  weight  in  this  objcctionj 
ss  it  without  further  remark, 
.ion  is,  that  aliens  have  aided  inn 
stitntion,  and  are  allowed  ther 
in  all  elections  by  the  provifioJ 
\.s  to  the  lirst  point,  it  is  t^wM 
all  the  new  States  northwest  ofl 
i  their  constitutions  precisely  inl 
The  ordinance  of  1787  docs  not! 
thousand  citizens  of  the  Tr 
resident  within  the  hmitsofal 
dcr  to  authorize  a  constitution! 
nto  the  TJnion.     It  requireif 
'free  inhabitants;'  and  the 
there,  ii'  ho  be  a  "  free  inhabit^ 


re 


ijlleij  to  vote  in  the  cleotion  of  delecrstcfl 
'.1,,.  ,t,iniiili'in;  and  nlterwanU  in  (licidin); 
Vthir  the  jMOple  will  ai-ccpt  the  coiistitiiiion 
lri'"l  ''X  *'"^'''"  convention.     .Siieli  Im.t  \mi\ 
L,"  n^tnii'tion  and  practice  in  all  the  country 
j/itiiif  thi' "hio  ;  and  as  tlic  Inst  conmis  slio«s 
[y  tliire  are  but  u  lew  hundreds  of  uliens  in 
liicvi.'nn.  it  would  Ije  hard  to  set  a-^ide  their 
;'iiiitiiin,  liecause  some  of  the.>*e  tuiiy  have 
tuiliatitl  in  its  fonnation.    It  wouM  lie  un- 
;  10  <lo  K".  'f  ^v®  '"**^  ^'"'*  power ;  but  we  have 
,  authority  to  do  it;  for  if  wo  ri'pjrd  the  or- 
^100  M  of  any  validity,  it  allows  all  '  five  in- 
k;,itant.>'  to  vote  in  franiiiip;  the  Stater  t:ov('rn- 
.jlj  which  are  to  Ikj  created  within  lln-  sphere 
^iijiiilhieiice.     Wo  will  now  turn  to  the  re- 
linin;;  \^i"^  '"  ^'''*'  objection,  and  we  shall  see 
at  it  lias  no  more  force  in  it  than  the  other, 
.jliuouiii'titutioii  allows  all  white  male  citizens 
|,(ri«inty-one  years  of  ago,  having  resided  six 
^Pilis  ill' Michigan,  to  vote  at  all  elections; 
Ljtnn'  wiiite  male  inhabitant  residing  in  the 
UJiattiie  time  of  signing  the  constitution  is 
loiftil  the  same  privilege.    'J'hose  provisions 
iJoubtedly  confer  on  aliens  the  right  of  suf- 
n;  and  it  is  contended  that  they  are  In  viola- 
Jof  llie  constituticm  of  the  United  States. 
jjtiii'tniinent  declares  that  'now  States  may 
fadroittKl  by  the  Congress  into  this  Union";' 
the  l.'nited  States  shall  guarantee  to  every 
Ete  ill  tliis  Union  a  republican  form  of  govern- 
Bit;'  and  that  '  tho   citizens  of    each  State 
1  be  entitled  to  all  privileges  and  immunities 
Iriii/eiis  in  tho  several  States.'    The  ordinance 
lllb I  provides  that  the  constitution  to  be  form- 
iDortlmest  of  the  Ohio  'shall  be  republican.' 
rji  is  an  error  not  very  uncommon  to  suppose 
J  the  ri;;ht  of  sufl'rage  is  inseparably  connect- 
Jffith  the  privilege  of  citizenship.    A  slight 
[estipition  of  tho  subject  will  prove  that  this 
lot  bo.    The  privileges  are  totally  distinct. 
ttate  cannot  make  an  American  citizen  who, 
^er  the  constitution  of  tho  United   States 
be  entitled  to  tho  rights  of  citizenship 
^uphout  the  Union.    The  power  belongs  to 
I  federal  government.     Wo  pass  all  tho  na- 
ilization  laws,  by  which  aliens  are  trans- 
med  into  citizens.    We  do  so  under  tho  con- 
ation of  the  United  States,  conceding  to  us 
f  authority.   But,  on  the  other  hand,  we  have 
jjntrol  over  the  right  of  suflrage  in  tho  dif- 
kut  States.      That  belongs   exclusively  to 
|te  lejrislation  and  State  authority.    It  varies 
post  all  the  States ;  and  yet  who  ever  aup- 
]  that  Congress  could  interfere  to  change 
jniles  adopted  by  the  people  in  regard  to  it  ? 
lone,  I  presume.    Why  then  attempt  to  con- 
^  it  here?    Other  States  have  adopted  the 
provisions.     Look  at  the  constitutions 
phio  and  other  new  States,  and  you  will  find 
Itiiey  require  residence  only,  and  not  citi- 
Ihip.  to  enable  a  man  to  vote.     Each  State 
Iconfer  tliis  right  upon  all  persons  within 
tiniits.    It  gives  them  no  rights  beyond  the 
>of  the  State.    It  cannot  make  them  citi- 


zcns.  for  that  would  violtit*.  i!„.  nulundiznth-n 
laws;  or.ritlur.  it  uculd  r.n.hr  thiiii  iiiii.'iit..ry 
It  caiintit  jrivf  thiiii  a  iil'Ii(  to  M.tr  in  niiv  "lln'f 
StuU:  lor  tliat  w.mld  inliiup.  ii|><>ii  tlic  "aulb'U- 
ity  of  mkIi  .^t.itf  to  u_"il  ite  its  .nvii  iitl.iiis. 
It  hiniply  coiiiVrs  (}„.  ,,,-  ,,  „f  „i,|i„,.  j,,  d,,. 
choiee  olpul.lieotllcrs  wlni-t  lli.Miltii  rcniuin-i 
in  the  Slate;  it  thus  iii.t  make  him  a  iiti/,<  ii ; 
nor  is  it  of  tlif  slight.  i«t  adMinlage  to  him  l»e- 
yond  the  boundaries  of  .Michi-iui."' 

I  Mr.  Jlamcr  concluded  his  remarks  with  a 
;  feeling  allusion  to  tho   distractions  which   ha<l 

prevailed  during  the  Missouri  eoiitroyii^y.  aeon- 
I  gravulivtiuii  upon  their  disapiiearaiirc  imder  tho 
i  JlisHoiu'iconiiu'onii-ie, andan  eiiriu-  ■  cxboitutiun 
I  to  harmony  and  the  prexrvntion  of'<:oo(i  .  uling 
j  in  tl;;e  speedy  udminsioii  <if  the  two  .States;  and 

said: 

'•We  can  put  an  cud  to  a  most  distracting 
contest,  that  has  agitated  our  country  from 
Maine  to  (iecu'gia,  and  from  the  Allanlii;  to  tlm 
most  remote  settlement  upon  the  (Vonlier.  There 
was  a  time  when  the  most  jiainful  anxiety  per- 
vaded the  whole  nation  ;  and  whilst  each  one 
waited  with  feverish  impatience  fir  further  in- 
telligence from  th(!  disjiuted  territory,  he  trem- 
bled lest  the  ensuing  mail  should  bear  the  dis- 
astrous tidings  of  a  civil  strife  in  which  brotiier 
had  fallen  by  the  hand  of  brother,  and  the  soil 
of  freedom  had  been  stained  by  the  bh  od  of 
her  own  sons.  Itut  the  storm  has  passed.  The 
usual  good  fortune  of  the  Aineiicaii  peo[ile  ha.s 
prevailed.  The  land  heaves  in  view,  and  a 
haven,  with  its  wide-spread  arms,  invites  us  to 
enter.  After  so  long  an  exposure  to  the  fury  of 
a  tempest  that  was  apparently  gathering  in  our 
political  horizon,  let  us  seize  the  lirst  ojiportii- 
nity  to  steer  the  ship  into  a  safe  harbor,  far  be- 
yond the  reach  of  that  elemental  war  tiiat 
threatened  licr  security  in  the  open  sea.  I.l!  us 
pass  this  bill.  It  does  justice  to  all.  It  conciii- 
ates  all.  Its  ])rovisions  will  carry  jieace  and 
harmony  to  those  who  are  now  agitate<l  by 
strife,  and  disquieted  by  tiiniults  iind  disorder.^. 
By  this  just,  humane,  and  beneficent  policy,  wo 
shall  consolidate  our  liberties,  and  make  tlii.s 
governtnent  what  Mr.  .lelterson.  more  than  thirty 
years  ago,  declared  it  to  be,  '  the  strongest  gov- 
ernment on  earth;  tb.  only  one  where  every 
man,  at  the  call  of  (he  law,  will  lly  to  the  stand- 
ard of  the  law,  iuul  meet  invasions  of  the  public 
order  as  his  own  personal  concern.'  With  this 
policy  on  the  part  of  the  government,  and  tho 
spirit  of  patriotism  that  now  animates  our  citi- 
zens in  full  vigor,  united  America  may  bid  de- 
fiance to  a  world  in  arms  ;  and  should  Provi- 
dence continue  to  siuile  upon  our  country,  wo 
may  contidently  anticipate  that  the  freedom, 
the  happiness,  and  the  prosperity,  which  we  now 
enjoy,  will  be  as  jierpetnai  as  tiie  lofty  moun- 
tains that  crown  our  continent,  or  the  nobia 
rivers  that  tcrtiliie  our  plains." 


C3G 


TIIIUTY  VKAUS*  VII.W. 


>fr.  ,A<lnni'<r<imincn(i'<1 .-» sjM'«!ch  in  Commlttoe 
of  ilio  \Vh'>l<',  which  \\m  lliii-hi-*!  in  (lie  IIouw, 
(ini|  \K\n<^  |ir«'i»an<l  for  i)iihlicnti<»n  I'V  himself, 
iiii'l  thiTtfiin-  fnt'  froiii  ci  r,  is  htrc  jriv.-n — nil 
tiif  iimiii  I  irNof  it — lo  >ii-i.v  his  n-al  puvition 
on  tlic  uluviTy  question,  so  niinh  inisumkTstiKxl 
«t  till"  tiiiiL-  on  iici'iiuiit  of  his  fcimciouR  adluT- 
•iK'c  to  th(.'  riftht  of  {it'tition.     lie  tiiilil : 

"I  rnnnot,  ronsistonlly  with  my  hciiso  of  my 
olili-riitiitiiH  us  ft  citizen  of  tho  t  riitcd   Stntcs, 
(iiid  hound  hy  oiith  to  su|)|)ort  their  constitution, 
1  cannot  ohject  to  tlm  udinission  of  Arkansas 
info  the  Cnion  as  a  slave  State;  I  cannot  pn)- 
)iose  or  ajiree  to  nmkc  it  n  condition  of  lier  ad- 
mission, that  a  conv<'nlion  of  her  |)ooplo  shall 
expinifre  this  nrticli)  from  her  constitution.    She 
is  entitled  to  admission  as  a  slave  State,  as  Lou- 
isiana atid  iMis~issi|ipi,  and  Alal)aiiift,  and  Mis- 
eouri,  havo  been  admitted,  liy  virtue  of  that 
article  in  the  treaty  for  the  aciiuisition  of  Louis- 
iana, whicii  secvires  to  the  inhabitants  of  the 
ceded  territories  all  the  rijihtH,  privi'.  xes,  ami 
Imnumities,  of  the  ori^.nnal  citizens  of  tiie  United 
States;  anil  stipulates  for  their  admission,  con- 
formably   to   that    princii)le,    into   the  Union. 
Louisiana  was  purchased  as  a  country  wherein 
(slavery  was  the  established  law  of  tlio   land. 
As  Congress  have  not  power  in  time  of  peace  to 
abolish  slavery  in  the  original  States  of  the 
Union,  they  are  equally  destitute  of  the  rower 
in  those  parts  of  t!  .■  i,. iritory  cedeii  by  Ii ranee 
to  the  United  Svavn  hy  she  name  of  Louisiana, 
where  slavery  i'>  it'  i  •••   the  time  of  the  :icqui- 
eition.    Slav  : ,  >.ia  ih' i  Union  the  subject  of 
interna.  legisLn'ri  in  the  States,  and  in  peace  is 
cognizable  by  Coiijav-.s  only,  as  it  is  tacitly 
tolerated  and  protected  where  it  exists  by  the 
constitution  of  the   United  States,  and  as  it 
mingles  in  their  intercourse  with  other  nations. 
Arkansas,  therefore,  comes,  and  has  the  riglitto 
come  into  the  I'nion  with  licr  slaves  and  her 
slave  laws.     It  is  written  in  the  bond,  and, 
however  I  may  lament  that  it  ever  was  so  writ- 
ten, I  must  faithfully  perform  its  obligations. 
I  am  content  to  receive  her  as  one  of  the  slave- 
holding  States  of  this  Union  ;  but  I  ai/i  unwil- 
ling that  Congress,  in  accepting  herconstifution, 
should  even  lie  under  the  imputation  of  assent- 
ing to  an  article  in  the  constitution  of  a  State 
which  withholds  fiom  its  legislature  the  power 
of  giving  freedom  to  the  slave.    Upon  this  topic 
I  will  not  enlai-ge.    Were  I  disposed  so  to  do, 
twenty  hours  of  continuous  session  have  too 
much  exhausted  my  own  physical  strength,  and 
the  faculties  as  well  as  the  indulgence  of  those 
v.ho  might  incline  to  hear  me,  for  me  to  trespass 
longer  upon  their  patience.     When  the  bill  shall 
be  reported  to  the  House,  I  may,  perhaps,  again 
ask  to  be  heard,  upon  renewing  there,  as  I  in- 
tend, the  motion  for  this  amendment.' 

After  a  session  o."  twenty-five  hours,  including 


the  whole  ni|:ht,  the  commiltec  rnio  on )  r<  . 
the  Ixs  o  bills  to  the  lloiiw.     Of  the  nr| 
of  thi'*  session,  which  began  i»t  ten  in  t'.  ■ 
iu'r  of  Thursday,  and  waH  continut  1  uii' 
o'clock  the  nest  niorvinif,  Mr.  Ailiiiii..  wh., 
mniuwl  at  his  pout  tf)-^   whole  tiiiic,  pn„  ,y 
account  in  a  subsoq  .eni  notice  of  tliu  nittiiif 

'On  Thursday,  the  9ih  of  .lunt-.  ij,,.  |i„ 
went  into  Cominitlei-  of  the  Wlmli'  mi  n,,  ., 
of  the   Union  upon   two  bills;  one  i,,  |jj 
Northern  bomidiiry  of  the  State  of  (il.j,  „,||| 
the  conditional  admission  of  thi>  Sfntc  ,,|'  \i,, 
gan  into  the  l'ni<in;  and  the  otlur  f„r  ti,,. 
mission  of  the  State  of  Arkansim  intntlH  |  ^^ 
The  bill  for  fixing  the  Northern  himii.hrv] 
the  State  of  Ohio,  and  the  con(liiloimlu,|„,. 
of  Michigan  into  the  Union,  was  tlrst  talic,  i 
for  consideration,  and  gave  rise  todelmto  »lii 
continued  till  near  one  o'clock  of  the  n,i,n, 
of  Friday,  the  lOth  of  ,/ime:  rcpeatt.l     ,| 
to  adjourn  had  been  made  and  ivjcctnl. 
committee  had  twice   found  itsdi'  .itiio,,, 
quorum,  and  had  l)cen  thereby  couipvjlcilt,, 
and  report  the  fact  to  the  House.    In  tin.  ti, 
instance  there  had   l)een  found  within  jirr 
calling;  distance  a  sullicient  number  of  n  i 
who.  though  absent  from  their  duty  (i|'  a 
ance  upon  the  House,  were  upon  the  akt 
appear  and  answer  to  their  names  to  mali 
quorum  to  vote  against  adjourning,  iind  tlwi 
retire  again  to  their amuKcinent  or  np(/-i . 
the  first  restoration  of  the  quonnn  i.v 
operation,  the  delegate  from  Arkansas  saii|  ti 
if  the  committee  would  only  take  uji  ami 
the  bill,  he  would  not  urge  any  discussjnn 
it  then,  and  would  consent  to  the  coniniin 
rising,  and  resuming  the  subject  at  the  next 
ting  of  the  House»     The  bill  was  aocri!! 
read ;  a  m<jtion  was  then  made  for  the  ma] 
tee  to  rise,  and  i  ejected  ;  an  amendmii  •  ^) 
bill  was  moved,  on  taking  the  quisti 
which  there  was   no  (luorunv.    Tho  usiul 
pedient  of  private  call  to  straggling  nienilxr^ 
found  inetiectual.    A  call  of  the  House  wn 
dered,  at  one  o'clock  in  the  nwjrr  in;:, 
operation,  to  be  carried  through  all  its  fti 
must  necessarily  consume  about  thrcf  hourf 
time,  during  which  the  House  can  do  no  oi 
business.    Upon  this  call,  after  the  nanus  ij(| 
the  members  had  been  twice  calh  d  ovcr.aiw 
the  absentees  for  whom  any  valid  or  \M 
excuse  wa.s  offered  had  been  excused,  tliirej 
mained  eighty-one  names  of  mcuilxirs,  wiiu,] 
the  rules  of  the  House,  were  to  be  takin 
custody  as  they  should  appear,  or  were  loj 
sent  for,  and  taken  into  custody  wherever 
might  1^  found,  by  special  messengers  apjoi 
for  that  purpose.    At  this  hour  of  the  nijlit| 
city  of  Washington  was  ransacked  bv  il 
special  messengers,  and  the  members  of 
House  were  summoned  from  their  bedstt 
brought  in  custody  of  these  special  inesMni 
before  the  House,  to  answer  for  their  abr 


ANNO   I8.1i\.     ANDKKW  JAl  K.H(>.\,  l'KI>li>HNT. 


637 


i-  ruminilti'c  roMjuri'i  f^.^j, 
•IloiKH'.     Ofthenr,!. 
irli  Npiti  ht  ten  in  t' 
ul  waHContiiiiifil  nil'    , ,, 
iioriinvt,  Mr.  A<liiiii.,  *|,„ 
■    ':>•      >vhole  tiiiic,  ([»vi.  t| 
i  it-ni  notice  of  the  »iitmj;l 

tho   9(h   of  JllTII'.  lie  ]|„J 

Xvv  of  the  Whole  im  th.  < 
)ii  two  liilU ;  (iii(>  III  In 
•y  of  tlic  Stiilc  i.r(i|,i,„,|\ 
mission  of  the  Stute  nf  \i;, 
n;  nn'l  the  otlier  t,ir  th,.  | 
U-  of  Arkansas  into  tlic  I  n:ij 
1^  tlic  NorthiTU  li(iiiii,lirii 
,  nnd  tho  conditionultt'hiii.jj 
tho  Union,  was  first  tnki-il 
anil  jfavc  rise  todilinti-  *!ii 
If  ono  o'clock  of  the  i;,,,n,i 
[h  of  June ;  n'lH'attM     i,, 
con  made  nnd  nJiTtui. 
twice   found  itnclt'  .■•tliontl 
l>ccn  tlion'by  coniiwlM  t.ir 
»ct  to  tho  House.    Intlifi 
ul   l)cen  found  witli'm  fmn 
,  siillicient  ninnhcr  of  n  n, 
'ut  from  thoir  duty  of  at' 
louHc,  wore  uy)on  the  akil 
fcr  to  their  nanu'.-i  to  miilJ 
ipainst  adjournin):.  iind  tliiji 
tir  amuKcinont  or  npo-i.  ip 
ition   of  the  (juoriim  iy  tl 
x'gate  from  Arkansas  snilti 
woidd  only  take  u])  ami 
i  not  urge  any  (hscussimi  ud 
dd  consent  to  the  (•oiiiniiiiJ 
ling  tho  subject  at  the  niNtl 
isci     The  bill  was  awmliiil 
.vas  then  made  for  the  mat 
ijcctcd ;  an  nmendnn'! 
(in  taking  the  (niosti 
no  quonur.     'Ihe  usual  | 
call  to  strag|:linf;mt'niUr>' 
A  call  of  the  HousewiM 
I'clock  in   tho  ninrrin?.  1| 
carried  through  all  its  ftii 
consume  about  three  houru 
ich  tho  House  can  do  no  oil 
this  call,  after  the  namts  o(| 
i  been  twice  call(  d  cvcr.i  " 
whom  any  valid  or  plausl 
ed  had  been  oxcu.scd,  tlitrej 
ne  names  of  memlM;rs,  wiij,| 
House,  were  to  be  taktn  i 
should  appear,  or  were  loj 
ten  into  custody  wherever  f 
by  special  messengers  api«u( 
■.    At  this  hour  of  the  riii:litj 
igton  was  ransacked  by  if 
rers,  and  tho  members  of 
mmoned  from  their  bedstM 
idy  of  these  special  incisend 
e,  to  answer  for  their  abir 


ii*,^ii(«riiiil  tho  oxru»o«  of  two  ■1'  thcHc  mom 
U.iiiil  tii«'  a<'knowlfdKo«l  no  j.  od  roa.«iin  of 
,k"!  thov  wore  nil  rxiMihcd  in  a  man-',  without 
^ nt  of '"'■'"' *>  which  ftc'*,  to  tho  aniounl  of 
,f  tlir.v  hundro*!  dollars,  have  of  roiir««- 
,,.  »clmrgu  u|>on  tlio  (K-ople,  and  toU-  paid 
•itlii.r  iiionoy.  Hy  tlii-*  o|KTation,  Itotwccn 
,f»:.l  li»c  o'clock  of  tho  morninir,  a  ^inull 
of  tlie  H"'i'*e  was  obtained,  and,  without 
,,,,.  (if  the  lloiiHi',  the  s|M'akcr  hit  the 
f.  wliictiwaH  roHM'u'd  by  tho  eimirman  of 
I Viimiiilteo  of  the  .Vhole." 

Mr,  ,\  lann  resumed  his  seat,  ami  Mr.  M'iso 

f>od  tli«  Of  nnittoo,  particularly  in  reply 
jlr,  C'lis^hing-  ConfuHion,  noise  and  disorder 
iine  pi  :it  in  the  Hall.  .Several  incndxrs 
itf,  Slid  cries  of  "  order,"  and  "question" 
p.  fiviiiicnt.  I'ersoiKd  reflections  pas.<ed  an<l 
iliair  of  honor  followed  between  two  South- 

iiicmlKr,s,  hapidly  adjusted  without  blocid- 
il,  The  ciiairnian,  Mr.  Sjicight,  by  groat 
rtiuns,  liBil  procured  attention  to  Mr.  Hoar, 
)lj!*!ichii>ctt3.  Afterwards  Mr.  Adam.s  again 
Ire^jel  tho  committee.  Mr.  Wise  inquired 
him  « lietiier  in  his  own  opinion,  if  his  amend- 
lat  should  bo  adopted,  the  State  of  Arkan-^as 

iliL  by  thi^  bill,  be  admitted  ?  Mr.  Adams 
iifcred— *  Certainly,  sir.     There  i.s  not  in  my 

niliiiint  tho  shadow  of  a  restriction  projx)sed 
in  the  State.  It  leaves  tho  State,  like  all  the 
it,  to  regulate  the  subject  of  slaver  y  within 
jstlf  by  her  own  laws."    Tho  motion  of  Mr. 

Ills  was  rejected,  only  thirty-two  members 

1.'  fur  it ;  being  not  one  third  of  tlie  mom- 
's from  tlie  non-slaveholding  States, 
iThevotn  was  taken  on  the  Michigan  bill  first, 

was  ordered  to  a  third  reading  by  a  vote  of 

to  4 J.    The  nays  were : 

•Me'sr?.  John  Quincy  Adams,  Heman  Allen, 

ptmiah  Bailey,  John  Bell.  George  N.  IJriggs, 

liliiain  B.  Calhoun,  George  Chambers,  .John 

nlxrs.  Timothy  Child.s,    William    Clark, 

Everett,  William    J.   Graven,   George 

[(iineli,  jr,,  John   K.   Griffin,   Hiland   Hall, 

ion  Hard,  Benjamin  Hardin,  James  Harper, 

Iner  Ilazeitine,  Samuel  Hoar,  Joseph  R.  In- 

,  Daniel  Jenifer,  Abbott  Lawrence,  Levi 

Icolii, Thomas  C.  Love,  Samson  Mason,  Jona- 

McCarty,    Thomas   M.    T.    McKennan, 

irlos  F.  Mercer,  John  J.  Milligan,  Mathias 

rris,  James  Parker,  James  A.  Pearco,  Ste- 

^D  C.  Phillips,  David  Potts,  jr..  John  Reed, 

1  Robertson,  David  Russell,  William  Slade, 

|iQ  N.  Steele,   John   Taliaferro,  Joseph  R. 

lerwood,  Lewis  Williams,  Sherrod  Williams, 

iry  A.  Wise. 

It  is  remarkable  that  this  list  of  nays  begins 


with  Mr.  Aduiiix,  Kud  iiuU  Miih  Mr.  WkM— • 
proiif  that  iill  till'  nct:utiui  to|i-ii,  win-  not  (ji\i-ii 
U|Kin  tlio  Hiiino  I'cai'onH. 

Tho  vole  w.w  111,1,,.  limit  ly  alti  r  Ukcii  oti 
ordering  to  u  tliird  niidmn  tin'  bdl  f  ,r  the  ad- 
mixoion  r.f  tho.^'iiiilc  ,1  .\rkjin>a«  ;  whuli  wan  h«i 
ordered  by  a  vote  of  1  l:i  to  .'id.    The  uayii  were : 

"  .Mc»',xr«.  John  (^liiiry  AdHtn-,  Heiimn  Allen  | 
Joseph  II,  Anthony.  .Ii  icniiuli  IJinli  y,  W  illinin  K. 
Bond,  Nftllianiel  M.  Bfirdni,  ticor^c  N,  lliiuti.i, 
William  If.  Calhoun,  Timothy  Cliildi,  William 
Clark,  Jn^cpli  H,  Crimo.  Calcii("u*hiM'r,  Ivlward 
Darlin^'ton,  Hum:  Denny,  (icort'e  Kvaiw, 
Knilcr,  (iconre  (jren- 


Horiwc  Kver»'ft.  ' 
noll.jr..  Hilui 
Abner  Ha/.e,  II 
Hiester,  Sanno 
F.  Jane.i,  llenjii 
liott  ijawrenco,  (. 


•>  Ibtril,  JatncH  lliiriMr. 

idctHun,   \\  illiiini 

II  .Iack.«(ni,  Henry 

lohn  l.aporte,  .\li- 

l.av.   I,<\i   l.incdn. 


Thomas  C.  Love,  .^^ainson  .Mason,  Jonutlijui 
McCarthy,  Thomas  .M.  T.  .McKiiman,  .Muihi.is 
Morris,  JanicM  I'nrker,  Dulce.l.  I'carce,  ,St(|,lu  ii 
C.  Phillips.  David  I'ottM,  Jr„  .Inhn  llced,  David 
Russell,  WiUiiiin  N.  .shinii,  Williiim  >^\niU;  .lolm 
Thomson,  Jose|iii  K.  Cnderwood,  .^auniel  l'. 
Vinton,  Kliiihu  Whittlesey,  Lewiis  William^." 

Hero  again  the  beginning;  and  the  ending  of 
the  list  of  voters  is  reniarkuMe,  be|;iiining  again 
with  Mr.  Adams,  and  terminating  with  Mr. 
Lewis  Williams,  of  North  Carolinii— two  gen- 
tlemen wide  apart  in  their  pfditical  courses,  and 
certainly  voting  on  tliis  occa.-ion  on  difl'erciit 
principles. 

From  the  meagroness  of  these  negafivo  votes, 
it  is  evident  that  the  struggle  was,  not  to  pnsi 
the  two  bills,  but  to  bring  them  to  a  vote.  This 
was  the  secret  of  tlie  arduous  M'ssion  of  twenty- 
five  hours  in  the  House.  Besides  the  public 
objectiims'  which  cloggeil  their  admission — 
boundaries  in  one,  slavery  in  the  other,  alien 
voting,  and  (what  was  deemed  by  some),  revolu- 
tionary conduct  in  both  in  holding  conventions 
without  authority  of  Congress ;  besides  these  pub- 
lic reasons,  there  was  another  cau,-o  operating 
silently,  and  which  went  more  to  tlie  iiostponc- 
ment  than  to  the  rejection  of  the  States.  Thh 
cause  was  political  and  partisan,  an<l  grew  out 
of  the  impending  presidei'tial  election,  to  bo 
held  before  Congress  slioidd  meet  again.  Mr. 
Van  Buren  was  the  democratic  candidate  ;  Gene- 
ral William  Henry  Harrison  was  the  camlidafe 
of  the  oppo.sition ;  and  Mr.  Hugh  Ii.  White,  of 
Tennessee,  was  brought  forward  by  a  fraction 
which  dividefl  from  the  democratic  jmrty.  Thw 
r  w  States,  it  was  known,  would  vote,  if  now 


Vi/::^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


^ 


^ 


1.0 


I.I 


l^|2£    |2.5 

■  JO     ~^*       ■■■ 

:!f  us,  12.0 


IU£ 


M  IIMiiii^ 

< 

6"     

^ 

73 


'■•'#'   ^^. 


Photographic 

Sdences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  MS80 

(716)872-4503 


^j 


m 


6:J8 


THIRTY  TEARS*  VIEW 


admitted,  for  Mr.  Van  Burcn ;  and  this  furnished 
a  reason  to  tlo  frionda  of  the  other  candidates 
(even  those  friendly  to  eventual  admission,  and 
on  which  some  of  them  were  believed  to  act), 
to  wish  to  stave  off  the  admission  to  the  ensuing 
session. — The  actual  negative  vote  to  the  ad- 
mission of  each  State,  was  not  only  small,  but 
nearly  the  same  in  number,  and  mixed  both  as 
to  political  parties  and  sectional  localities ;  so 
as  to  exclude  the  idea  of  any  reguUr  or  consi- 
derable opposition  to  Arkansas  as  a  slave  State. 
The  vote  which  would  come  nearest  to  referring 
itself  to  that  cause  was  the  one  on  Mr.  Adams' 
proposed  amendment  to  the  State  constitution ; 
and  there  the  whole  vote  amounted  only  to  32 ; 
and  of  the  sentiments  of  the  greater  part  of 
these,  including  Mr.  Adams  himself,  the  speech 
of  that  gentleman  must  be  considered  the  au- 
thentic exponent ;  and  will  refer  their  opposition, 
not  to  any  objection  to  the  admission  of  the 
State  as  slave-holding,  but  to  an  unwillingness 
to  appear  upon  the  record  as  assenting  to  a  con- 
stitution which  forbid  emancipation,  and  made 
slavery  perpetual.  The  number  actually  voting 
to  reject  the  State,  and  keep  her  out  of  the 
Union,  because  she  admitted  slavery,  must  have 
been  quite  small — not  more  in  proportion,  pro- 
bably, than  what  it  was  in  the  Senate. 


CHAPTER  CXXXIX. 

ATTEMPTED   INQUIRY   INTO  THE   MILITARY" 
ACADEMY. 

This  institution,  soon  after  its  organization 
under  the  act  of  1812,  began  to  attract  public 
attention,  as  an  establishment  unfriendly  to  the 
rights  of  the  people,  of  questionable  constitu- 
tionality, as  being  for  the  benefit  of  the  rich 
and  influential ;  and  as  costing  an  enormous  sum 
for  each  officer  obtained  from  it  for  actual  service. 
Movements  against  it  were  soon  commenced  in 
Congress,  and  for  some  years  perseveringly  con- 
tinued, principally  under  the  lead  of  Mr.  Xrwton 
Cannon,  and  Mr.  John  Cooke,  representatives 
from  the  State  of  Tennessee.  Their  speeches 
and  statements  made  considerable  impression 
upon  the  public  mind,  but  very  little  upon  Con- 
gress, where  no  amelioration  of  any  kind  could  be 
obtained,  either  in  the  organization  of  the  in- 


stitution,  or   in  the  practical  adnrnikntJ 
which  had  grown  np  uml'ir  it.    In  the  mniJ 
of  1834 — '35  these  efforts  were  renewed,  chi* 
induced  by  Mr.  Albert  Gallatin  Uann.  ren 
scntative  from  Kentucky,  who  moved  for  i 
attained  the  appointment  of  a  committee 
twenty-four,  one  from  each  State ;  which 
a  report,  for  which  no  oonaideration  conid  I 
procured — not  even  the  printing  of  the  nr» 
Ba£Qcd  in  their  attempts  to  get  at  their  object] 
the  usual  forms  of  legislation,  the  members  on 
ed  to  the  institution  resorted  to  the  cxtraonUn 
mode  of  attacking  its  existence  in  an  appn 
tion  bill :  that  is  to  say,  resisting  appropmtii 
for  its  «upport — a  mode  of  proceeding  entin 
hopeless  of  success,  but  justifiable,  as  tl^ 
believed,  under  the  circumstances ;  and  it  i 
events  as  giving  them  an  opportunity  to  i 
their  objections  before  the  public. 

It  was  at  the  session  of  1835-'3C,  that  i 
form  of  opposition  took  its  most  detennini 
course ;  and  some  brief  notices  of  what  vk  s 
then  may  still  be  of  service  in  awakening  a  epi 
of  inquiry  in  the  country,  and  promoting  inri 
tigations  which  luve  so  long  been  requestj 
and  denied.      But  it  was  not  until  after  anotl 
attempt  had  failed  to  do  any  thing  throaglJ 
committee  at  this  session  also,  that  the  ultin 
resource  of  an  attack  upon  the  appropriation  j 
the  support  of  the  institution  was  resorted  | 
Early  in  the  session  Mr.  Hawes  offered  this  j 
solution :   "  That  a  sdect  committee  of  nine  | 
appointed  to  inquire  into  what  amendments 
any,  are  expedient  to  be  made  to  the  laws  \ 
lating  to  the  military  Academy  at  West  Poi 
in  the  State  of  New- York ;  and  also  into  the  ^ 
pediency  of  modifying  the  organization  of  i 
institution ;  and  also  whether  it  would  note 
port  with  the  public  interest  to  abolish 
same:  with  power  in  the  committee  to  i 
by  bill  or  otherwise."    Mr.  Hawes,  in  euppt 
of  his  motion  reminded  the  House  of  the  i 
pointment  of  the  committee  of  the  last  i 
of  its  report,  and  his  inability  to  obtain  i 
upon  it,  or  to  procure  an  order  for  its  printif 
The  resolution  which  he  now  submitted 
but  in  one  particular  from  that  which  he  I 
offered  the  year  before,  and  that  was  in  th;  j 
daced  number  of  the  committee  asked  I 
Twenty-four  was  a  larger  number  than  c 
be  induced  to  enter  into  any  extended  or  pitil 
investigation ;  and  he  now  proposed  a  comi^ 


ANNO  1836.     ASDHEW  JACKSON,  rRKSIDEXT. 


639 


in  ihe  pmctical  admmUtnti^ 
own  np  un<l'!r  it.    In  thf  |^*^,^ 
these  cflbrts  were  renewed,  chid 
T.  Albert  Gallatin  Han  ex.  rtu 
a  Kentucky,  who  moved  for,  i 
appointment  of  a  comraittw 
one  from  each  State ;  wliich  i 
which  no  consideration  conldl 
it  OTon  the  printinf^  of  the  nn 
ir  attempts  to  get  at  their  object  j 
18  of  legislation,  the  members  on 
tution  resorted  to  the  cxtraordin 
king  its  existence  in  an  appn 
it  is  to  say,  resisting  appropriiiii 
rt — a  mode  of  proceeding  enti« 
success,  but  justifiable,  ts  th 
er  the  circumstances ;  and  u  i 
ring  them  an  opportunity  to  | 
ins  before  the  public, 
the  session  of  1835-'3C,  that  i 
>8ition  took  its  most  detenninj 
some  brief  notices  of  what  vk  t 
11  be  of  service  in  awakening  a  tpi 
the  country,  and  promoting  m\ 
ich  Iiare  so  long  been  request 

But  it  was  not  until  after  anotl 
failed  to  do  any  thing  thronchj 
,  this  session  also,  that  the  ultin 
1  attack  upon  the  appropriatb^ 
}f  the  institution  was  resorted  j 
session  Mr.  Hawes  offered  this  i 
That  a  select  committee  of  ninel 

inquire  into  what  amendmesU 
edient  to  be  made  to  the  laws  i 

military  Academy  at  West  Foil 
ot  New- York ;  and  also  mto  the  ^ 
modifying  the  organization  of  s 
and  also  whether  it  would  nuK 
le  public  interest  to  abolish  i 
rawer  in  the  committee  to  i 
herwise."  Mr.  Hawes,  in  siipp 
n  reminded  the  House  of  the  i 
'  the  committee  of  the  last  i 

and  his  inability  to  obtain  i 
9  procure  an  order  for  its  printi 
3n  which  he  now  submitted  ' 
particular  from  that  which  he  1 

ear  before,  and  that  was  in  th;  j 
jer  of  the  committee  asked  I 

was  a  larger  number  than  c 
o  enter  into  any  extended  orpati 
and  he  now  proposed  a  comi^ 


t«f  nine  only.    His  resolution  was  only  one 

liaquiry,  to  obtain  a  report  for  the  infor- 

of  the  people,  and  the  action  of  the 

I  species  of  resolution  usually  granted 

li  nuUer  of  courw ;  and  he  hoped  there  would 

,110  objection  to  hi.4  motion.    Mr.  Wardwell, 

[Xew-Vork,  objected  to  the  appointment  of 

Ijtltct  committee,  and  thought  the  inquiry 

ibt  to  go  to  the  standing  committee  on  mili- 

iffairs.     Mr.  F.  0.   J.  Smith,  of  Maine, 

to  hear  some  reason  assigned  for  this 

,   It  seemed  to  him  that  a  special  com- 

Htce  ought  to  be  raised ;  but  if  the  friends  of 

I  institution  were  fearful  of  a  select  commit- 

t.ind  would  assign  that  fear  as  a  motive  for 

ring  the  standing  committee,  he  would 

ihdnw  his  objection.    Mr.  Briggs,  of  Massa- 

ittts,  believed  the  subject  was  already  re- 

1  to  the  military  committee  in  the  general 

tice  to  that  committee  of  all  that  related 

\  the  President's  message  to  this  Academy ; 

dEO  believing,  he  made  it  a  point  of  order  for 

1  Speaker  to  decide,  whether  the  motion  of 

t  Hawes  could  be  entertained.    The  Speaker, 

r.Polk,  said  that  the  motion  was  one  of  in- 

f ;  and  he  considered  the  reference  of  the 

sdent's  message  as  not  applying  to  the  case. 

iBriggs  adhered  to  his  belief  that  the  subject 

tbt  to  go  to  a  standing  committee.  The  com- 

e  had  made  an  elaborate  report  at  the  last 

ba,  which  was  now  on  the  files  of  the  House ; 

I  if  gentlemen  wished  information  from  it, 

T  could  order  it  to  be  printed.    Mr.  John 

loio!!,  of  Illinois,  said  it  was  astonishing 

Jmemkrs  of  this  House,  friends  of  this  in- 

totion,  were  so  strenuous  in  their  opposition 

Ibvestigation.  If  it  was  an  institution  foundt-i 

li  proper  basis,  and  conducted  on  proper  and 

Itblican  principles,  they  had  nothing  to  fear 

niiiTestigation;  if  otherwise  the  people  had: 

^the  great  dread  of  investigation  »H)rtended 

h'lng  wrong.    His  constituents  were  dis- 

I  with  this  Academy,  and  expected  him 

fsent  them  fairly  in  doing  his  part  to  re- 

i,or  to  abolish  it;  and  he  should  not  dis- 

|nntthem.  The  member  from  Massachusetts, 

•  Briggs,  he  said,  had  endeavored  to  stifle 

I  inquiry,  by  making  it »  point  of  order  io  be 

1  by  the  Speaker;  which  augured  badly 

[the  integrity  of  the  institution.     Failing 

lit  attempt  to  stifle  inquiry,  he  had  joinnd 

I  «mber  from  New-York,  Mr.  Wardw«ll, 


in  the  attempt  to  semi  it  to  a  rommittre  whrr»? 
no  inquiry  would  be  made,  and  in  violation  of 
parliamcnUry  practice.  IIo.  Mr.  Ucynold.i.  had 
great  respect  for  the  memU-rs  of  the  military 
committee ;  but  some  of  them,  nn<l  perhaps  all, 
had  expressed  an  opinion  in  favor  of  the  institu- 
tion. Neither  the  chairman,  nor  nny  member 
of  the  committee  had  askc<l  for  this  inqtiiry ; 
it  was  the  law  of  parliament,  and  also  of  n-a^on 
and  common  sense,  that  all  inquiries  shouM  go 
to  committees  disposed  to  make  them;  and  it 
was  without  precedent  or  ju.<;tiflcation,  and  in- 
jurious to  the  fair  conducting  of  busine.«s,  to  take 
an  inquiry  out  of  the  hands  of  a  member  that 
moves  it,  and  is  responsible  for  its  adequate 
prosecution,  and  refer  it  to  a  committee  that  is 
against  it,  or  iudifiTcrent  to  it.  When  a  member 
gets  up,  and  moves  an  inquiry  touching  any 
branch  of  the  public  service,  or  the  official  con- 
duct of  any  officer,  ho  incurs  a  responsibility 
to  the  moral  sense  of  the  House  and  of  the 
country.  He  assumes  that  there  is  something 
wrong — that  he  can  find  it  out  if  ho  has  a 
chance ;  and  ho  is  entitled  to  a  chance,  both  for 
his  own  sake  and  the  coimtry ;  and  not  only  to 
have  his  committee,  but  to  be  its  chairman,  and 
to  have  a  majority  of  the  members  favorable  to 
its  object.  If  it  were  otherwise  members  would 
have  but  poor  encouragement  to  move  inquiries 
for  the  public  service.  Cut  off  him.sulf  from  the 
performance  of  his  work,  an  indifierent  or  pre- 
judiced committee  may  neglect  inquiry,  or  per- 
vert it  into  defence ;  and  subject  the  mover  to 
the  imputation  of  preferring  false  and  frivolous 
motions;  and  so  discredit  him,  while  injuring 
the  public,  and  sheltering  abu.sc.  Under  a 
just  report  ho  believed  the  Academy  would 
wither  and  die.  Under  its  present  organiz.a- 
tion  it  is  a  monopoly  for  the  gratuitous 
education  of  the  sons  and  connections  of  the  rich 
and  influential — to  be  afterwards  preferred  for 
army  appointments,  or  even  for  civil  appoint- 
ments ;  and  to  be  always  provided  for  as  the  child- 
ren of  the  government,  getting  not  only  gratuitous 
education,  but  a  preference  in  appointments.  A 
private  soldier,  though  a  young  David,  slaying 
Goliath,  could  get  no  appointment  in  our  army. 
He  must  stand  back  for  a  West-Pointer,  even  the 
most  inefficient,  who  through  favor,  or  drivinp, 
had  gone  through  his  course  and  got  his  diplo- 
ma. Promotion  was  the  stimulus  and  the  re- 
ward to  merit.    We,  members  of  Crn;' -('"js,  rise 


640 


THIRTY  YEARS'  VIEW. 


from  the  ranks  of  the  people  when  we  come 
ht-re,  and  Imvc  to  depend  upon  merit  to  get  here. 
Why  not  Kt  tlio  same  rule  apply  in  the  army, 
and  give  a  chance  to  merit  there,  instead  of  giv- 
ing all  the  offices  to  those  who  njay  have  no 
turn  for  war,  who  cily  want  support,  and  get 
it  by  public  patronage,  and  favor,  because  they 
have  ufllcinl  friends  or  parents?  The  report 
made  at  the  hist  session  looks  bad  for  the 
Academy.  Let  any  one  read  it,  and  he  will  feel 
that  there  is  something  wrong.  If  the  friends 
of  the  institution  would  sufTer  that  report  to  be 
printed,  and  let  it  go  to  the  people,  it  would  be 
a  great  satisfaction.  Mr.  Wardwell  said  the 
last  Congress  had  refused  to  print  the  report ; 
and  a.sked  why  it  was  that  these  complaints 
against  the  Academy  came  from  the  West? 
Was  it  because  the  Western  engineers  wanted 
the  employment  on  the  roads  and  bridges  in 
place  of  the  regular  officers.  Mr.  Hanncgan,  of 
Indiana,  said  he  was  a  member  of  the  military 
committee  which  made  the  report  at  the  last 
session,  and  which  Mr.  Wardwell  had  reminded 
them  the  House  refused  to  order  to  be  printed. 
And  why  that  refusal  ?  Because  the  friends  of 
the  Academy  took  post  behind  the  two-thirds 
rule ;  and  the  order  for  printing  could  not  be 
obtained  because  two-thirds  of  the  House  could 
not  be  got  to  suspend  the  rule,  even  for  one  hour, 
and  that  the  morning  hour.  The  friends  of  the 
Academy  rallied,  he  said,  to  prevent  the  suspen- 
sion of  the  rule,  and  to  pre- ■'  ♦  publicity  to  the 
report.    Mr.  Hamcr,  of  C  iid,  why  oppose 

this  inquiry  ?  The  peopl  .  .re  it.  A  large 
portion  of  them  believed  the  Academy  to  be  an 
aristocratical  Institution,  which  ought  to  be 
abolished ;  ethers  believe  it  to  be  republican,  and 
that  it  ough<  to  bo  cherished.  Then  why  not 
inquire,  and  find  out  which  is  right,  and  legis- 
late accordingly  ?  Mr.  Abijah  Mann,  of  New- 
York,  said  there  was  a  considerable  interest  in 
the  States  surrounding  this  institution,  and  he 
had  seen  a  strong  disposition  in  the  members 
coming  from  those  States  to  defend  it  f^inst 
all  charges.  He  was  a  member  of  the  committee 
of  twenty-four  at  the  last  session,  and  concurred 
partially  in  the  report  which  was  made,  which 
was,  to  say  the  least  of  it,  an  elaborate  examina- 
tion of  the  institution  from  its  foundation.  He 
knew  that  in  doing  so  he  had  incurred  some 
censure  from  a  part  of  his  own  State ;  but  he 
Dover  had  flinched,  and  never  would  flinch,  from 


the  performance  of  any  duty  hen  which  he  i, 
it  incumbent  upon  him  to  discharge    ]U 
found  much   to  censure,  and  believed  if  i 
friends  of  the  institution  would  take  the  im. 
to  investigate  it  as  the  committee  of  twcnty.f 
had  done,  they  would  find  more  to  cciw'irt 
the  principle  of  the  establishment  than 
were  aware  of.    There  were  abuses  in  this 
stitution,  develoiicd  in  that  rcport,of  achiiraci 
that  would  not  find,  he  presumed,  a  single 
Tocate  upon  that  floor  when  they  came  to 
published.     He  believed  the  princialc  of  the 
stitution  was  utterly  inconsistent  with  tlie  prj 
ciple  of  all  other  institutions ;  but  he  was 
for  exterminating  it.    Reformation  was  his 
ject.    It  was  the  only  avenue  by  which 
people  of  the  country  could  approach  the  ol 
of  the  army — the  only  gateway  by  which  tl 
could  be  reached.    The  principle  was  nroi 
and  the  practice  bad.    We  saw  individuals  ci 
tinually  pressing  the  government  for  admii; 
into  this  institution,  to  be  educated  profcsj 
for  the  military  service,  but  very  frequentiv 
too  generally  with  the  secret  design  in  i: 
hearts  to  devote  themselves  to  the  civil  pur: 
of  society ;  and  this  was  a  fraud  upon  the 
ernment,  and  a  poor  way  for  the  future 
begin  his  educational  life.    When  the  rcpoi 
the  twenty-four  came  to  be  printed,  as  he  ho| 
it  would,  it  would  be  seen  that  this  institui 
cost  the  government  by  far  too  much  for 
education  of  these  young  men.  Whether  itspi 
from  abuse  or  not,  such  was  the  fact  wlien  tl 
looked  at  utility  connected  with  the  expenditi 
If  he  recollected  the  report  aright  it  proved 
not  more  than  two  out  of  five  who  entered 
institution  remained  there  long  enough  to 
ate ;  and  not  two  more  out  of  five  gradi 
who  entered  the  army.    If  his  memory  sei 
him  right  the  report  would  show  that  ei 
graduate  coming  from  that  institution  in  the 
ten  years,  had  cost  the  United  States  more 
five  thousand  dollars  ;  and  previously  a  m 
larger  sum ;  and  he  believed  within  one 
the  graduates  had  cost  upwards  of  thirty  tl 
sand  dollars.     If  there  bo  any  truth  in 
statements  the  institution  must  be  mismi 
or  misconducted,  and  ought  to  be  thoroi 
investigated  and  reformed.    And  he  ap] 
to  the  friends  of  the  Academy  to  withdraw 
opposition,  and  sufier  the  report  to  be  pi 
and  the  select  committee  to  be  raised;  but] 


ANNO  ISSft.     A.MiHKW  JA(  KS(.N,  rUF>II>K.\T. 


641 


)  of  ony  duty  hen:  which  he  ig 
pon  him  to  dischaive.    lU 
J  ct'nBure,  and  believed  if  t| 
istilulion  would  take  the  truut 
,  as  the  committee  of  twemjf; 
would  find  more  to  <xmm 
)f  the  establishment  than 
;    There  were  abuses  in  ihib 
oped  in  that  report,  of  achanct 
t  find,  he  presumed,  a  ginjile 
hat  floor  when  they  came  to 
e  believed  the  principle  of  theil 
utterly  inconsistent  with  the  ptj 
her  institutions ;  but  he  was 
ting  it.    Reformation  was  his 
the  only  avenue  by  which 
country  could  approach  the  of 
-the  only  gateway  by  which  tl 
ched.    The  principle  was  wtaj 
ice  bad.    We  saw  individuals  co 
sing  the  government  for  admis-ij 
.itution,  to  be  educated  profess 
iry  service,  but  very  frequcntlv,! 
y  with  the  secret  design  in  ll 
roto  themselves  to  the  civil  pursi 
ind  this  was  a  fraud  upon  the 
i  a  poor  way  for  the  future 
national  life.    When  the  rcpor 
bur  came  to  be  printed,  as  he  ho 
would  be  seen  that  this  institut 
emment  by  far  too  much  for 
these  young  men.  Whether  it  spr 
)r  not,  such  was  the  fact  wkntli 
ty  connected  with  the  expendit^ 
cted  the  report  aright  it  provtdtl 
an  two  out  of  five  who  entered] 
imained  there  long  enough  to 
t  two  more  out  of  five  gradi 
the  army.    If  his  memory  sei 
he  report  would  show  that  v 
Qing  from  that  institution  in  the 
id  cost  the  United  States  more 
d  dollars;  and  previously  ami 
and  ho  believed  within  one 
!S  had  cost  upwards  of  thirty  tl 
s.    If  there  bo  any  truth  in 
he  institution  must  be  misni 
icted,  and  ought  to  be  thoroi 
and  reformed.    And  he  an 
.  of  the  Academy  to  withdraw 
,nd  suffer  the  report  to  be  pi 
It  committee  to  be  raUed  ' 


I  Bpttlcfl  in  vain.    The  opposition  was  kept  up, 
b1  the  two-thirds  rule  npain  resorted  to,  nn'l 
^,<tually  used  to  balk  the  frii-nda  of  inquiry-. 
l!«j3  after  this  second  failure  to  pet  at  the 
«t  cct  regularly  through  a  committee,  and  a 
«iViijhe<l  report,  that  the  friends  of  inquiry  j 
li^irted  to  the  last  nlternative — that  of  an  at- , 
lufkupon  the  appropriation.    The  opportunity 
Ifcrthis  was  not  presented  until  near  tlie  end  of  ' 
llhe  fession,  when  Mr.  Franklin  Pierce,  of  New 
I  junpjhire,  delivered  a  well-considered  and  well- 
1  rained  speech  against  the  institution,  bottomed 
|(«  fict'<,  and  sustained  by  conclusions,  in  tiie  : 
icst  degree  condemnatory  of  the  Academy  ; 
|mi  which  will  be  given  in  the  next  chapter. 


but 


CHAPTER     C  X  L  . 

llllLITAUV  ACADEMY-SPEECH  OF  Mlt.  PIEUCK 

fllR.CiiAiRMAN : — An  attempt  was  made  during 
(last  Congress  to  bring  the  subject  of  the  re- 
nization  of  the  Military  Academy  before  the 
ntry,  through  a  report  of  a  committee.    The 
thing  has  been  done  during  the  present 
;$ion,  again  and  again,  but  all  eiforts  have 
wed  alike  unsuccessful !     Still,  you  do  not 
to  call  for  appropriations ;  you  require  the 
»ple'5  money  for  the  support  of  the  institu- 
ita,  while  you  refuse  them  the  light  necessary 
I  enable  them  to  judge  of  the  propriety  of 
lor  annual  requisitions.    W  hethcr  the  amount 
loposed  to  be  appropriated,  by  the  bill  upon 
f  table,  is  too  great  or  too  small,  or  precisely 
icient  to  cover  the  current  expenses  of  the 
litution,  is  a  matter  into  which  I  will  not  at 
mi  inquire ;  but  I  shall  feel  bound  to  oppose 
bill  in  every  stage  of  its  progress.    I  cannot 
e  a  single  dollar  until  the  resolution  of  in- 
iry,  presented  by  my  friend  from  Kentucky 
Huwes),  at  an  early  day  in  the  session, 
I  be  first  taken  up  and  disposed  o£    I  am 
,  sir,  that  it  will  be  said,  because  I  have 
the  same  declaration  on  a  former  occa- 
,that  this  is  not  the  proper  time  to  discuss 
merits  of  the  institution ;  that  the  bill  is  to 
k  provision  for  expenses  already  incurred 
Jtsrt;  and  whatever  opinions  may  be  enter- 
pi  upon  the  nectssity  of  a  reorganization, 
s  ippropriation  muU  he  made.   I  say  to  gen- 
ica  who  are  oppos  A  to  the  principles  of  the 
^tution,and  to  those  who  believe  that  abuses 
ist  which  ought  to  be  exposed  and  corrected, 
;  now  is  their  only  time,  and  this  the  only 
ertunity,  during  the  present  session,  to  at- 
|i  their  object,  and  I  trust  they  will  steadily 
ist  the  bill  until  its  friends  shall  find  it  neces- 
VOL.  I.— 41 


pary  to  take  up  tho  resolution  of  inquiry,  a:id 
givi-  it  iis  iirH|(iT  rcrcnni-f. 

"  .Sir,  why  lias  thi^  invc^tipition  \n'vn  resist 
e<l  ?     Is  it  not  an  institutii)n  which  hn.-*  ;ilr»n<ly 
cost  this  co"ntry  luon  than  three  niilliniis  i.f 
dollars,  fur  which  yon  ]iro|)<)>e,  in  this  very  hill. 
an  api)n)priation  of  pi'ire  tlinn  one  hiin<lrc<l  ninl 
thirty  thousand  dollui-s,  au'l  \\  liich.  at  the  ^ainc 
time,  in  the  estimation  of  a  hirjre  portion  of  the 
citizens   of  this    Union,   has   liiilid,  finintiitly 
fiiiiiMl,  fo  fiillil  the  ohject«  for  whirh  it  was  es- 
tablished, of  sufficient  interest  and  imi)ortaiire 
to  claim  the  consideration  of  a  committee  of  this 
House,  and  of  the  House  itself?     I  should  have 
exj)cctc(l  the  resolution  of  the  gentleman  from 
Kentucky  (Mr.  llawcs),  merely  jirojiosinK  an 
inquiry,  to  pass  without  opjiosition,  luid  I   not 
witnessed  the  strong  sensation,  nay,  excitement 
that  was  produced  here,  at  the  last  session,  by 
the  presentation  of  his  yet  unpublished  repurt. 
Sir,  if  you  would  have  an  exhibition  of  hijrhl- 
excited  feeling,  it  requires  little  observation  to 
learn  that  you  may  produce  it  at  any  moment 
by  attacking  such  laws  as  confer  exclusive  and 
gratuitous  privileges.    Tho  adoption  of  the  re- 
solution of  inquiry,  at  the  last  session  of  Con- 
gress, and  the  apiwintmcnt  of  a  select  commit- 
tee under  it,  were  made  occasion  of  newspaper 
paragraphs,  which,  in  tone  of  lamentation  and 
direful  prediction,  rivalled   the    most    highly 
wrought  specimens  of  the  panic  era.    Ono  lA' 
those  articles  I  have  preserved,  and  have  before 
nr.e.    It  commences  thus:  'The  architecta  of 
ruin. — This  name  has  been  appropriately  given 
to  those  who  are  leading  on  the  base,  the  igno- 
rant, and  the  unprincipled,  in  a  remorseless  war 
upon  all  the  guards  and  defences  of  society.' 

"I  introduce  it  here  merely  to  show  what  are. 
in  certain  quarters,  considered  the  guards  and 
defences  of  society.  After  various  compliments, 
similar  to  that  just  cited,  the  article  procee<ls : 
'All  this  is  dangerous  as  novel,  and  the  ulti- 
mate results  cannot  be  contemplated  without 
anxiety.  If  this  spirit  extends,  who  can  check 
it  ?  "  Down  with  the  Bank ; "  "  down  with  the 
Military  Academy;"  "down  with  the  Judici- 
ary ;"  "  down  with  the  Senate  ;"  will  be  follow- 
cfl  by  watchwords  of  a  worse  character,'  Here, 
Mr.  Chairman,  you  have  the  United  States  Bank 
first,  and  then  the  Military  Academy,  as  the 
guards  and  defences  of  your  country.  If  it  be 
so,  you  are,  indeed,  feebly  protected.  One  of 
these  guards  and  defences  is  already  tottering. 
And  who  are  the  '  architects  of  niin '  that  have 
resolved  its  downfall  ?  Are  they  the  base,  the 
ignorant,  and  the  imprincipled  ?  No,  sir.  The 
most  pure  and  patriotic  portion  of  your  com- 
munity: the  staid,  industrious,  intelligent  far- 
mers and  mechanics,  through  a  public  .servant, 
who  has  met  responsibilities  and  seconded  their 
wishes,  with  equal  intrepidity  and  success,  in 
the  camp  and  in  the  cabinet,  have  accomplished 
this  great  work.  Mr.  Chairman,  there  is  no 
real  danger  to  be  apprehended  fr«>m  this  much* 
dreaded  levelling  principle. 


042 


THIRTY  YEAItS'  VIKW. 


•'  From  the  middlinfr  intcrcct  you  have  derived 
your  most  aMe  and  cfllcieiit  support  in  the  most 
gloomy  and  tryinp  i)crio<l8  of  your  history.  And 
what  have  they  anked  in  return  ?  XoliiinK  but 
tiic  common  advantages  and  blessinps  of  a  free 
povcrnnient,  administored  under  equal  and  im- 
partial laws.  They  arc  responsible  for  no  por- 
tion of  your  legislation,  wliich,  through  its  par- 
tial and  unjust  operation,  has  shaken  this  Union 
to  its  centre.  That  has  had  its  origin  in  a  dif- 
f  rent  quarter,  sustained  by  wealth,  tlio  wealth 
of  monopolies,  and  the  power  and  influence 
which  wealth,  thus  aecunudated  and  disposed, 
never  fails  to  control.  Indeed,  sir,  while  far 
from  demanding  at  your  hands  special  favors 
far  themselves,  they  have  not,  in  my  Judgment, 
been  sufficiently  jealous  of  all  legislation  confer- 
ring exclusive  and  gratuitous  privileges. 

"That  the  law  creating  the  institution,  of  which 
1  am  now  speaking,  and  the  practice  under  it,  is 
strongly  marked  by  both  these  characteristics,  is 
apparent  at  a  single  glance.  It  is  gratuitous, 
because  those  who  are  so  fortunate  as  to  obtain 
admission  there,  receive  their  education  without 
any  obligation,  except  such  as  a  sense  of  honor 
may  impose^  to  return,  cither  by  service  or  other- 
wise, the  slightest  equivalent.  It  is  exclusive, 
inasmuch  as  only  one  youth,  out  of  a  population 
of  more  than  47,000,  can  participate  in  its  ad- 
vantages at  the  same  time ;  and  those  who  are 
successful  are  admitted  at  an  age,  when  their 
characters  cannot  have  become  developed,  and 
with  very  little  knowledge  of  their  adapta- 
tion, mental  or  physical,  fur  military  life.  The 
system  disregards  one  of  those  great  principles 
which,  carried  into  practice,  contributed,  per- 
liaps,  more  than  any  other  to  render  the  arms 
of  Napoleon  invincible  for  so  many  years.  Who 
does  not  percieve  that  it  destroys  the  very  life 
and  spring  of  military  ardor  and  enthusiasm, 
"by  utterly  foreclosing  all  hope  of  promotion  to 
the  soldier  and  non-commissioned  officer?  How- 
ever meritorious  may  be  his  services,  however 
pre-eminent  may  become  his  qualifications  for 
command,  all  is  unavailing.  The  portcuUis  is 
dropped  between  him  and  preferment ;  the  wis- 
dom of  your  laws  having  provided  another  cri- 
terion than  that  of  admitted  courage  and  con- 
duct, by  which  to  determine  who  are  worthy  of 
command.  They  have  made  an  Academy,  where 
a  certain  number  of  young  gentlemen  are  edu- 
cated annually  at  the  public  expense,  and  to 
whidi  there  is,  of  consequence,  a  general  rush, 
not  so  much  from  sentiments  of  patriotism  and 
a  taste  for  military  life,  as  from  motives  less 
worthy — the  avenue,  and  the  only  avenue,  to 
rank  in  your  army.  These  are  truths,  Mr. 
Chairman,  which  no  man  will  pretend  to  deny ; 
and  I  leave  it  for  this  House  and  the  nation  to 
determine  whether  they  do  not  exhibit  a  spirit 
of  exclusivcncss,  alike  at  variance  with  the  ge- 
:niu8  of  your  government,  and  the  efficiency  and 
■chivalrous  character  of  your  military  force. 

"  Sir,  no  man  can  feel  more  deeply  interested 
in  the  army,  or  entertain  a  higher  n^rd  for  it, 


than  myself.    My  earliest  n>collcctions  rornMl 
themselves  fondly  and  gratefully  with  tlio  mw!,,! 
of  the  brave  men  who,  reliiiquisliinf:  the  nij,.! 
and  security  of  civil  life,  were  staking  their  »''| 
upon  the  defence  of  their  coimtry's  .iclit«  j^il 
honor.    One  of  the  most  distingiiisliH  anKnJ 
that  noble  band  now  occupies  and  honors  a  t,,"! 
ti[)on  this  floor.     It  is  not  fit  that  1  sin  uM  -"I 
dulgc  in  expressions  of  [wrsonnl  Rspfrt  ani  jt" 
miratiim,  which  I  am  sure  would  tinrj  a  h-^'f^ 
response  in  the  bosom  of  every  memtior  nf  th.J 
committee.    1  allu<!e  to  him  mcrtly  to  cxin  J 
the  hofie  that,  on  sortie  occasion,  we  niav  IhitiJ 
upon  this  subject,  the  benefit  of  liis  cxjiirir. 
and  ol)seivation.    And  if  his  opinions  sliall ilifl 
fer  from  my  own.  I  promise  carefully  to  rivjoi 
every  step  by  whicli  I  have  been  led  to  my  pr« 
sent  conclusions.    You  cannot  mistake  mo,  ^1:1 
I  refer  to  the  hero  of  Erie.    I  have  declarii 
myself  the  friend  of  the  army.    .Satisfy  me.  tLeJ 
what  measures  are  best  calculated  to  render  i 
effective  and  what  all  desire  it  to  bo,  and  1 ' 
for  the  proposition  with  my  whole  heart. 

"  But  I  cannot  believe  that  the  Military  Aa 
demy,  as  at  present  organized,  is  calculated  i 
accomplish  tliis  desirable  end.  It  may,  and  iinj 
doubtedly  does,  send  forth  into  the  cointd 
much  military  knowledge;  but  the  adva.itaj 
which  your  army,  or  that  which  will  constitu^ 
your  army  in  time  of  need,  derives  from  it,  is  k 
no  means  commensurate  with  the  cxpcn.se  roj 
incur.  Here,  Mr.  Chairman,  permit  me  to  sd 
tliat  I  deny,  utterly,  the  expediency,  and  tn 
right  to  educate,  at  the  public  expense,  iJ 
number  of  young  men  who,  on  the  completion  { 
their  education,  are  not  to  form  a  portion  of  yoi 
military  force,  but  to  return  to  the  walks  i 
private  life.  Such  was  never  the  operation  J 
the  Military  Academy,  until  after  the  iaw^ 
1812;  and  the  doctrine,  so  far  as  I  have  I 
able  to  ascertain,  was  first  formally  announcj 
by  a  distinguished  individual,  at  this  time  sni 
ciently  jealous  of  the  exercise  of  executireif 
tronage,  and  greatly  ularmed  by  what  he  ( 
ceives  to  be  the  tendencies  of  this  governmcJ 
to  centralism  and  consolidation.  It  inayi 
found  in  the  report  of  the  Secretary  of  ff^ 
communicated  to  Congress  in  1819. 

'"  If  it  shall,  upon  due  consideration,  rcooi| 
the  sanction  of  Congress  and  the  country,  I  c 
see  no  limit  to  the  exercise  of  power  and  | 
ernment  patronage.  Follow  out  the  prinj 
pie,  and  where  will  it  lead  you  ?  You  eonf 
upon  the  national  government  the  absoll 
guardianship  of  literature  and  science,  miiitr 
and  civil ;  you  need  not  stop  at  military  sciea 
any  one,  in  the  wide  range  of  sciences,  bccoJ 
at  once  a  legitimate  and  constitutional  objcctj 
your  patronage ;  you  are  confined  by  no  ill 
but  your  discretion ;  you  have  no  check  butyJ 
own  good  pleasure.  If  you  may  afford  instif 
tion,  at  the  public  expense,  in  the  kngua;?!^ 
philosophy,  in  chemistry,  and  in  the  exact! 
ences,  to  young  gentlemen  who  are  under! 
obligation  to  enter  the  eervice  of  their  coinl 


ANNO  IM.ia.     ANIUIEW  JACKSON.  ruilslDI'NT. 


C43 


f  carlirpt  ircol lections  ronrnyii 
f  and  gratefully  with  tlic  nirr..i| 
II  who,  rflinqiiishinjr  the  i\;n\ 
livil  lift",  were  staking  their  s!!) 
3  of  their  country's  lislitj  »mI 
the  most  (listinpuishH  aracnj 
now  occupies  ami  honors  a  mJ 
It  is  not  fit  that  I  hlinuM  k 
ions  of  iwrsonal  n-sport  an'l  »l 
I  am  sure  would  timl  i\  Iimhj 
hosom  of  every  mcniher  of  thu 
Uu'le  to  him  mcR'ly  to  txproJ 
n  Rortio  occasion,  we  may  liavcj 
;t,  the  benefit  of  his  cxiiiri' n-i 
And  if  his  ojiinions  slmll  ilifj 
■n.  I  promise  carefully  to  nviei 
•hich  I  have  been  leil  to  my  pre, 
».    Yon  cannot  mistake  mo,  >;rj 
hero  of  Erie.    I  have  (Iceland 
id  of  the  army.   Sati>fy  mc.  tl.a 
are  best  calculated  to  n-ndcr 
rhat  all  desire  it  to  bo,  and  1 ; 
tion  with  my  whole  heart. 
lOt  believe  that  the  Military  \^. 
■esent  orpiuized,  is  calculuteil 
3  desirable  end.    It  may,  and  \n 
!S   send  forth  into  the  co'intr 
r  knowledge ;  but  the  adva.itaa 
my,  or  that  which  will  constituJ 
time  of  need,  derives  from  it,  is  kf 
imcnsurate  with  the  expense  yo 
Mr.  Chairman,  permit  me  to  fa 
utterly,  the  expediency,  and  ti^ 
Mite,  at  the  public  expense,  in^ 
ing  men  who,  on  the  completion  i 
n  are  not  to  form  a  portion  of  yoJ 
'but  to  return  to  the  walks  f 
Such  was  never  the  operatioiK 
Academy,  until  after  the  law^ 
16  doctrine,  so  far  as  I  have  W 
tain,  was  first  formally  announci 
ished  individual,  at  this  timesnH 
s  of  the  exercise  of  executive] 
creatly  alarmed  by  what  he  c< 
he  tendencies  of  this  governmd 
and  consolidation.     It  mav  1 
_  report  of  the  Secretary  of  Wl 
i  to  Congress  in  1819.  I 

L  upon  due  consideration,  rccci 
of  Congress  and  the  country,  I  (< 
to  the  exercise  of  power  and  p 
ronafic.     Follow  out  the  pnn 
re  will  it  lead  you?    You  cori 
ational  government  the  absoj 
of  literature  and  science,  miiiw 
,u  need  not  stop  at  military  scien 
he  wide  range  of  sciences,  bwofl 
it'mate  and  constitutional  objccj 
ttce;  you  are  confined  byno  M 
TCtion ;  you  have  no  check  ktyj 
■easure.    If  you  may  afford  mstj 
public  expense,  in  the  languar.^ 
in  chemistry,  and  in  the  exact  < 
ung  gentlemen  who  are  underl 
'enter  the  service  of  their  couii 


Vf>f!t.  in  ftct,  dostincil  for  civil  life,  why  may 
T„n  not,  hr  l>arify  of  riasouinj:,  proviih'  \\\v 
_f,ni<  of  a  legal,  or  theological,  or  me<iic«l  edu- 
fltji)n  on  the  grotin'l  that  the  n-cipiontH  of  your 
'«;intr  will  carry  forth  a  fund  of  useful  kuow- 
ki!:c.  th<it  may,  at  some  time,  under  some  cir- 
riBStanceS  produce  a  bcnetirlal  influence,  and 
pfiinotc  '  the  general  welfare  ? '  Sir,  I  fear  that 
f«n  lomc  of  us  may  live  to  see  the  day  when 
this 'general  welfare'  of  your  constitution  will 
]^Te  119  littlo  ground  to  boast  of  a  government 
of  limited  powers.  Hut  I  did  not  propose  at 
tto  time  to 'discuss  the  abstract  question  of 
(oDftitutiorial  right.  I  will  regard  the  expedi- 
flicv  alone ;  and,  whether  the  power  exist  or  not, 
itiexercise,  in  an  institution  like  this,  is  subvcr- 
lire  of  the  only  principle  upon  which  a  school, 
(Midurted  at  the  public  expense,  can  bo  made 
profitable  to  the  public  service — that  of  making 
n  admission  into  your  school,  and  an  education 
there,  secondary  to  an  apiwintment  in  the  army. 
«ir,  this  distinctive  feature  characterized  all 
;„iir  legislation,  and  all  executive  rocommcnda- 
jon?,  down  to  1810. 

"1  may  as  well  notice  here,  as  at  any  time, 
in  answer  which  has  always  been  ready  when 
((liections  have  been  raised  to  this  institution — 
i^iinswer  which,  if  it  ha.s  not  proved  quite  sa- 
tsfactory  to  minds  that  yield  their  assent  more 
idily  to  strong  reasons  than  to  the  authority 
jjreat  names,  has  yet,  unquestionably,  exer- 
Li*'!  a  powerful  influence  upon  the  public  mind. 
!  has  not  gone  forth  upon  the  cuthority  of  an 
kividual  merely,  but  has  been  published  to  the 
orld  with  the  approbation  of  a  committee  of  a 
Iraer  Congress.  It  is  this :  that  the  institu- 
OD  has  received,  at  diflerent  times,  the  sanc- 
in  of  such  names  as  Washington,  Adams,  and 
fei^on ;  and  this  has  been  claimed  with  such 
^Idaess,  and  in  a  form  so  imposing,  as  almost 
B forbid  any  question  of  its  accuracy.  If  this; 
rere  correct,  in  point  of  fact,  it  would  be  enti- 
Hto  the  most  profound  respect  and  considcra- 
k  and  no  change  should  be  urged  against  the 
feht  of  such  Authority,  without  mature  delib- 
fttion,and  thorough  conviction  of.  expediency. 
infortunately  for  the  advocates  of  the  institu- 
V  and  fortunately  for  the  interests  of  the 
mntry,  this  claim  cannot  be  sustained  by  re- 
rence  to  executive  documents,  from  the  first 
i^rt  of  General  Knox,  in  1790,  to  the  close 
(Mr.  Jefferson's  administration. 
"The  error  has  undoubtedly  innocently  oc- 
h1,  by  confounding  the  Military  Academy 
I  West  Point  as  it  was,  with  the  Military  Aca- 
my  at  West  Point  as  it  is.  The  leport  of 
■ctary  Knox,  just  referred  to,  is  character- 
Iby  this  distinctive  feature — that  the  corps 
to  be  organized  were  '  to  serve  as  an 
1  defence  to  the  community,'  and  to  consti- 
e apart  of  the  active  military  force  of  the 
nitry,'to  serve  in  the  field,  or  on  the  frontier, 
I  in  the  fortifications  of  the  sea-coast,  as  the 
ominder-in-chief  may  direct.'  At  a  later  pe- 
li  the  report  of  the  Secretary  of  War  (Mr. 


Mcllcnry),  oommunM-atcd  to  Pongrrss  in  18'"tn 
nllhoii^h  it  proposed  a  jdan  fnriinhtaiy  oIiooIj, 
dillVrini.'  in  many  essential  |mrti<ul:»rs  from  iIiom- 
which  had  phhimUmI  it,  still  rctaimd  tin-  di-ititK- 
tiv»'  fi-atiin-Jusf  named  us  cliunicli'ii/.iiig  thert- 
porf  of  (Jeticral  Knox. 

''With  n-giird  to  eduejitin;:  young  men  gniti;- 
itously,  which,  whatever  ituiy  have  he.-n  tin- 
design.  I  nin  i)ri'imred  to  shuW  is  the  pmct;'-!:! 
op«!rafion  of  the  Academy,  ns  at  present  organ- 
ized, [  cannot,  jn-rhnps,  fxhil.it  more  dearly  th-.' 
sentiments  of  the  Kxeeutivc  at  that  early  day, 
urgent  as  was  the  occasion,  nml  strong  as  must 
have  been  the  desire,  to  give  strength  and  elli- 
ciency  to  the  military  force,  than  by  reading  ono 
or  two  paragraphs  fron>  a  suppknieiitary  repori 
«if  Secretary  McHenry,  addivssod  to  the  eli.iir- 
inan  of  the  Comiiiittee  of  Defence,  on  the  lU.-t 
January,  IHllO. 

'"The  Swretary  says  :  'Agreeably  to  the  phm 
of  the  Military  Acatieniy,  the  «lirector.s  thereof 
are  to  bo  oilieers  taken  from  the  anny ;  conse- 
quently, no  exijcnse  will  be  incurred  by  mieh 
appointments.  The  plan  also  conteniplatoa  that 
ofllccrs  of  the  army,  cadets,  and  non-commis- 
sioned officers,  shall  receive  instruction  in  the 
Academy.  As  the  rations  and  fuel  which  they 
arc  entitled  to  in  the  anny  will  suffice  for  them 
in  the  Acatlemy,  no  additional  expense  will  be 
required  for  object.s  of  maintenance  while  there. 
The  expenses  of  servants  and  certain  incidental 
expenses  relative  to  the  police  and  administra- 
tion, may  bo  defrayed  by  those  who  shall  be 
admitted,  out  of  their  pay  and  emoluments.' 

"  You  will  obseiTO,  Mr.  Chairman,  from  the 
phraseology  of  the  report,  that  all  were  to  con- 
stitute a  part  of  your  actual  military  force ;  and 
that  whatever  additional  charges  should  be 
incurred,  were  to  bo  defrayed  by  those  who 
might  receive  the  advantages  of  instruction. 
These  were  provisions,  just,  as  they  ore  impor- 
tant. Let  me  call  j-our  attention  for  a  moment 
to  a  report  of  Col.  AVilliams,  which  was  made 
the  subject  of  a  special  message,  communicated 
to  Congress  by  Mr.  Jefferson,  on  the  18tli  of 
March,  1808.  The  extract  I  propose  to  read,  as 
sustaining  fully  the  views  of  Mr.  AlcIIenry  upon 
this  point,  is  in  the  following  words :  *  It  might 
be  well  to  make  the  plan  upon  such  a  scale  as 
not  only  to  take  in  the  minor  officers  of  the  navy, 
but  also  any  youths  from  any  of  the  States  who 
might  wish  for  such  an  education,  whether  de- 
signed for  the  army  or  navy,  or  neither,  and  let 
them  be  assessed  to  the  value  of  their  education, 
which  might  form  a  I'undfor  extra  or  contingent 
expenses.'  Sir,  these  are  the  true  doctrines  upon 
this  subject ;  doctrines  worthy  of  the  adminis- 
tration under  which  they  were  promulgated, 
and  in  accordance  with  the  views  of  statesmen  in 
the  earlier  and  purer  days  of  the  Republic.  ({ i ve 
to  the  ofllcers  of  your  army  the  highest  advan- 
tages for  perfection  in  ail  the  branches  of  military 
science,  and  let  those  advantages  be  open  to  nil, 
in  rotation,  and  under  such  terms  and  regulation* 
as  shall  bo  at  once  impartial  toward  the  ofllcei's 


044 


TIIIUTV  YKAUh'  VIEW. 


ntifl  advantapi'ous  to  the  Benico  \  but  let  all 
voiiii};  fi^i'iillciiicii  who  have  a  tiiutu  for  military 
life,  uiul  (ic-Hiru  to  adopt  arms  an  a  profchsion, 
prL'putv  tiic'iiiKclTOD  for  trtihordinato  HituatioiiH 
lit  tiitir  own  fxpt'iiso,  or  at  the  uxikjuso  of  their 
jiuri'iits  or  piiurdiaiis,  in  the  same  manner  that  the 
youth  (if  the  country  are  qualilkd  for  the  profes- 
sions of  civil  life.  Sir,  while  upon  thin  subject  of 
^nituitous  education,  t  will  read  an  extract  from 
'  Dupin'ti  Military  Force  of  Great  Britain.'  to  show 
\('liut  favor  it  linds  in  another  country,  from  the 
practice  and  e.\perience  of  which  we  may  derive 
fuvMi  a<lvanta)j;eH,  however  far  from  approving  of 
us  itistitutions  generully.  The  extract  is  from 
the  2d  vol.  Tlst  page,  and  relates  to  the  terms  on 
which  younfj;  gentlemen  are  admitted  to  the  ju- 
nior de|)artment^  of  the  lloyal  Mihtary  College 
at  Sandhurst. 

•'  First ;  The  sons  of  olTlcers  of  all  ranks, 
whether  of  the  land  or  sea  forces,  who  have 
di<id  in  the  service,  leaving  their  families  in  pe- 
cuniary distress ;  this  class  arc  instructed,  board- 
ed, and  habited  gratutiously  by  the  State ;  be- 
ing rc((uiied  only  to  provide  their  equipments 
on  admission,  and  to  maintain  themselves  in 
linen.  SccoiuHi/ :  The  sons  of  all  olBcers  of  the 
anny  above  the  rank  of  subalterns  actually  in 
the  service,  and  who  pay  a  sum  proportioned  to 
their  ranks,  according  to  a  scale  per  anr.-im  re- 
gulated by  the  supreme  board.  The  sons  of  living 
naval  officers  of  rank  not  below  that  of  master 
and  commander,  are  also  admitted  on  payment 
of  annual  stipends,  similar  to  those  of  corres- 
ponding ranks  in  tne  army.  The  orphan  sons 
of  otlicers,  who  have  not  left  their  families  in 
pecuniary  difficulties,  are  admitted  into  this  class 
on  paying  the  stipends  required  of  officers  of  the 
rank  held  by  their  parents  at  the  time  of  their 
decease.  Thirdly :  The  sons  of  noblemen  and 
private  gentlemen  who  pay  a  yearly  sum  equiv- 
alent to  the  expenses  of  their  education,  board, 
and  clothing,  according  to  a  rate  regulated  from 
time  to  time  by  the  commissioners.'  Sir,  let  it 
be  remembered  that  these  are  the  regulations 
of  a  government  which,  with  all  its  wealth  and 
power,  is,  from  its  structure  and  practice,  groan- 
ing under  the  accumulated  weight  of  pensions, 
sinecures,  and  gratuities,  and  yet  you  observe, 
that  only  one  class, '  the  sons  of  officers  of  all 
ranks,  whether  of  the  land  or  sea  forces,  who 
have  died  in  the  service,  leaving  their  families  in 
pecuniary  distress,'  are  educated  gratuitously. 

"  I  do  not  approve  even  of  this,  but  I  hold  it 
up  in  contrast  with  your  own  principlep  and 
practice.  If  the  patience  of  the  committee  would 
warrant  me,  Mr.  Chairman,  I  could  show,  by 
reference  to  Executive  communications,  and  the 
concurrent  legislation  of  Congress  in  1794, 1706, 
1802,  and  1808,  that  prior  to  the  last  mentioned 
date,  such  an  institution  as  we  now  hare  was 
neither  recommended  nor  contemplated.  Upon 
this  point  I  will  not  detain  }'ou  longer ;  but 
when  hereafter  confronted  by  the  authority  of 
great  aames,  I  trust  we  shall  be  told  where  the 
expressions  of  approbation  are  to  be  found.  Wo 


may  then  judge  of  their  applicability  t"  tin 
Military  Academy  as  at  pre«ent  or>tiinii(,| 
am  fur  from  desiring  to  see  this  coimtrv  diii   i 
tute  of  a  MiliUry  Academy  ;  but  1  would  hn ! 
it  a  school  of  jjracticc,  antl  instruction,  fornflk,,. 
actually  in  the  Hcr>ice  of  the  United  ^ilatia;  i,,' 
an  institution  for  educating  gratuitou^lv.  vour,  i 
gentlemen,  who,  on  the  completion  of  thiiV tirnf 
or  after  a  few  months'  leave  of  ab.-eiiee,  nj, !r| 
their  conmiissions  and  return  to  the  pursiiit<"(l 
civil  life.    If  any  one  doubts  that  this  is  il  .f 
practical  opiTation  of  your  present  syKiem,  I  r  .1 
fer  him  to  the  annual  list  of  resigntiticina  tul,'| 
found  in  the  Adjutant  General's  otlltv.     '       I 
"  Firmly  as  I  am  convinced  of  the  iicccs«iu  I 
of  a  reorganization,  I  would  take  no  »{{.■<,  (A 
create  an  unjust  prejudice  againstt  the  in.stitiiti„n  I 
All  that  I  ask,  and,  so  far  as  I  know,  all  tjuj 
any  of  the  opponents  of  the  institution  ask,  is  f 
that  after  a  full  and  impartial  invcstigfttioii,  it| 
shall  stand  or  fall  upon  its  mirits.    I  kniiJ 
there  are  graduates  of  the  institution  who  arj 
ornaments  to  the  army,  and  an  honor  to  tJiur 
country;  but  they,  and  not  the  scininary, arl 
entitled  to  the  credit.     Hero  I  would  rtmarJ 
once  for  all,  that  I  do  not  reflect  upon  thu  olliJ 
ccrs  or  pupils  of  the  Academy ;  it  is  to  tlu  |iriiJ 
ciplcs  of  the  institution  itself,  as  at  prcH.it  <>r| 
ganized,  that  I  object.    It  is  often  said  tlmt  li.f 
graduates  leave  the  institution  with  sentiiiitud 
that  but  ill  accord  with  the  feelings  and  oiiiiiio;i| 
of  the  great  mass  of  the  people  of  that  trovtuiJ 
ment  from  which  they  derive  the  means uf  ilnf 
cation,  and  that  man^  who  take  commis>ioiu 
possess  few  qualifications  for  thu  command  cj. 
men,  either  in  war  or  in  peace.    Jlost  of  tlil 
members  of  this  House  have  had  more  or  !iJ 
intercourse  with  these  young  gentlemen,  and  J 
leave  it  for  each  individual  to  form  lii,s  ow{ 
opinion  of  the  correctness  of  the  charges.  ThJ 
much  I  will  say  for  myself,  that  I  believe  tiJ 
these,  and  greater  evils,  are  the  natural,  if  J 
the  inevitable,  result  of  the  principles  in  whid 
this  institution  is  founded;  and  any  system  J 
education,  established  upon  similar  principla 
on  government  patronage  alone,  will  produi 
like  results,  now  and  for  ever.     Sir,  what  u 
some  of  these  results  ?    By  the  report  of  t!j 
Secretary  of  War,  dated  January,  183)  t<>  J 
informed  that,  "  by  an  estimate  of  the   ^t  fii 
years  (preceding  that  date),  it  appears  that  til 
supply  of  the  army  from  the  corps  of  graduatJ 
cadets,  has  averaged  about  twenty-two  annmll| 
while  those  who  graduated  are  about  fort 
making  in  each  year  an  excess  of  eighteen,  TJ 
number  received  annually  into  the  AcadcmyaJ 
rages  one  hundred,  of  which  only  the  nunili| 
stated,  to  wit,   forty,   pass  through  the  ra 
scribed  course  of  education  at  schools,  and  Ij 
come  supernumerary  lieutenants  in  the  arm* 
By  the  report  of  the  Secretary  of  ffar,? 
cember,  1830,  we  are  informed,  that  "  the  m 
ber  of  promotions  to  the  army  from  this  con 
for  the  last  five   years,  hae  averaged  aw 
twenty-two   annually    while   the  number  I 


ANNO  isaa.     ANDUEW  JACKSON.  I'lir.HlDENT. 


645 


if  their  applicability  t"  \U 
08  at  prl•^«l•nt  ortrniiiiiil.   ; 

Ij;  to  KW!   tllirt  COUUtrv  ilesi . 

Academy  ;  but  1  w(jiiM  \a\. 
CO,  and  iiwtructiDii,  foroflii,r< 
rice  of  the  United  >^Utc9;  n,. 
educating  (^^atuitou^\y,  yom ,.•  ■ 
1  tlio  conjpielion  t.f  tln.'ir  tini.  I 
ntiis'  leave  of  uba-nce,  ft^.i, 
\  and  return  to  the  imrsuii*! 
r  one  doubts  that  this  is  tic 

I  of  your  present  sy Klein,  1  r . 
inual  list  of  resijiniiliimg,  iul,..| 
itant  General's  otlice.  . 
im  convinced  of  the  ncccsMtyl 
on,  I  would  take  no  Hi:\,  iJ 
irejudicc  against  the  institminn.1 
iid,  80  far  as  I  know,  all  ili«l 
lents  of  the  institution  ask,  iJ 

and  impartial  iuvcstigiitioii,  J 
fall  upon  its  merits,  I  lininr 
atcs  of  the  institution  who  aw 
,0  army,  and  an  honor  to  llmrt 
ley,  and  not  the  sciniiiary,  ard 
credit.     Hero  I  would  rtraarki 

I I  do  not  reflect  upon  tlw  ollij 
'  the  Academy ;  it  is  to  thi  \ml 
stitution  itself,  as  at  prcst.ii  <>rJ 
object.  It  is  often  said  thut  iJ 
.  the  institution  with  sentinuid 
ord  with  the  feelings  and  opinioii 
ass  of  the  people  of  that  (.'ovcrnl 
ich  they  derive  the  means  of  m 
it  many  who  take  commi5>iuiii 
alifications  for  thocoramamli 

war  or  in  peace.    ^Most  of  iW 
is  House  have  had  more  or  W 
th  these  young  gentlemen,  amlj 
ich  individual  to  form  hw  od 
correctness  of  the  charges.  IW 
,V  for  myself,  that  I  believe  thi 
»ter  evils,  are  the  natural,  if  nd 
result  of  the  principles  in  whic) 
H  is  founded;  and  any  system^ 
iblished  upon  similar  prmcipW 
X  patronage  alone,  wdl  prodiK 
,ow  and  for  ever.     Sir,whutu 
,  results?    By  the  report  of  iM 
Var,  dated  January,  183)  -"M 
"  by  an  estimate  01  tnt    oii 
ngthat  date),  it  appears  that  til 
amy  from  the  corps  of  gradual 
vraged  about  twenty-two  annua  j 
who  graduated  are  about  for^ 
h  year  an  excess  of  eighteen.  H 
ed  annually  into  the  Academy  .< 
led,  of  which  only  the  H 
forty,   pass  through  the  [< 
e  of  education  at  schools,  and  J 
imeraryUeutenantsmtheannj 
t  of  the  Secretary  of  >|w« 
U  are  infomed,  that  "  J  3 
.tionstothearmyfromthsMi 
five   years,  hae  averaged  aM 
Tnuaily    while   the  numkr 


■.Tsduatf*  has  been  at  nn  avomptMif  furty.   Thi.- 
'jcf««,  which  is  annually  incn-asiii;.'.  has  plnnti 
'.(ilyl^even  in  waiting  until  vncaiicics  olwill 
ij'ke  place,  and  hhow  that  in  the   nixt  yiar, 
rriNiWy.  and  in  the  stircpcding  one,  nrtiiiiily, 
[liciv  will  be  an  excess  Injyond  what  the  exist- 
in*  Uw  aiithori7.c8  to  be  commissioiuMl.    1  licre  ' 
(ill then  bo  MO  Hupcrnumerary  bnvet  second 
I  untenants    appurtenant  t<»  the  army,  at  an 
ivenge  annual  expense  of  ^8'i,0iiO.    .Sir.  that  | 
rejults  here  disclosed  were  not  anticipatc<l  by 
jlr,  .Madison,  is  annarcnt  from  a  rccurRiice  to  j 
iiu'messages  of  1»1()  and  181 1.  \ 

"In  passing  the  law  of  1812,  both  Congress 
inil  the  President  acted  fur  the  occasion,  and 
tky  expected  thf)so  who  should  succeed  tlum 
to  act  in  a  similar  manner.    Their  feelings  of 
njtriotism  and  resentment  were  aroused,  by  be- 
Lliling  the  privileges  of  freemen  wantonly  in- 
vaded, our  glorious  stars  and  strijics  disregard- 
ed and  national  and  individual  rights  trampled 
in  the  dust.    The  war  was  pending.    The  ne- 
cessity for  increasing  the  military  force  of  the 
f  luntry  was  obvious  and  pressing,  and  the  iir- 
pint  occasion  for  increased  facilities  for  military 
initmction,  equally  apparent.    Sir,  it  was  under 
circumstances  like  these,  when  we  had  not  only 
memiea  abroad,  but,  I  blush  to  say,  enemies  at 
home,  that  the  institution,  as  at  present  organ- 
ized, had  its  origin.    It  will  hardly  l)C  pretended 
that  it  was  the  original  design  of  the  law  to 
aujrment  the  number  of  persons  instructed,  bc- 
vond  the  wants  of  the  public  service.    Well,  the 
fiport  of  the  Secretary  shows,  that  for  five  years 
prior  to   1831,  the  Academy  had    furnished 
eijrhteen  supernumeraries  annually.    A  practical 
'  operation  of  this  character  has  no  sanction  in  the 
Mommendation  of  Mr.  Madison.    The  report 
demonstrates,  further,    the   fr uitf illness    and 
ii(i/i7i/of  this  institution,  by'showing  the  fact, 
that  but  two-fifths  of  those  who  enter  the 
Jlcademy  graduate,  and  that  but  a  fraction  niore 
Ithin  one-fifth  enter  the  public  service.    This  if, 
Jiiot  the  fault  of  the  administration  of  the  Acad( 
luiy;  it  is  not  the  fault  of  the  young  gentlemen 
■who  are  sent  there ;  on  your  present  pteace  es- 
Itablishment  there  can  be  but  little  to  stimulate 
Ithem,  particularly  'n  the  acquisition  of  military 
lidence.   There  can  hardly  be  but  one  object  in 
Ithe  mind  of  the  student,  and  that  would  be  to 
ihtain  an  education  for  the  purposes  of  civil  life. 
lie  difficulty  is,  that  the  institution  has  out- 
BTedboth  the  occasion  that  called  it  into  exist- 
■nce,  and  its  original  design.    I  have  before  re- 
arked,  that  the  Academy  was  manifestly  cn- 
jged  to  correspond  with  the  army  and  militia 
Jtuallyto  be  called  into  service.    Look  then 
Bra  moment  at  facta,  and  observe  with  how 
pch  wisdom,  justice,  and  sound  policy,  you  re- 
tanthe  provisions  of  the  law  of  1812.    Thetotal 
tathorized  force  of  1813,  after  the  declaration  of 
rar,  was  58,254;  and  in  October,  1814,  the 
oilitary  establishment  amounted  to  62,428.    By 
Jhe  act  of  March,  1815,  the  peace  establishment 
Iras  limited  to  10,000,  and  now  hardly  exceeds 


that  nnmbcr.    Thus  you  make  a  m<lurtion  i( 
iimre  thiin  r>it.Ono  in  y.iur  actual  military  forri', 
to  at'C(iiiiiii<i(|ato  thf  cx|.ciis('s  nf  the  j:iiv»  riiniriit 
t'>  its  wants.     And  wby  ilo  yoU  n  fii.-i'  to  do  tin- 
s:iiiu'  with  your  (rriml  Hystc'iu  of  piiMir  idncii. 
tinii?  WiiydiH's  tli!'.l  rriiijiiti  uiichantTi-d  ?   Wliy 
nut  reduce  it  at  (tncc,  nt  Ka^t  to  the  acluiil  w:iiits 
of  the  ^cr^'icc,  and  <lis|iciiM-  with  your  corps  o!" 
sviHTiiiiincrary  lieutenant- .'     .*»ir, "there  is,  tliere 
can  W'  but  one  aii'-wer  to  the  nuestiou,  iiml  ilj.it 
may  Ik?  found  in  the  wnrre]K)rt  of  i>il',i,  to  whicli 
I  have  lH.'forc  had  occasion  to  allude.     The  Sic- 
retary  siiys,  'the  cadets  who  cjiniiot  bo  providid 
for  in  the  army  will  nturn  to  jirivate   life,  bi.t 
in  the  event  of  a  war  their  kiiowled^'e  will  not 
be  lost  to  the  country.'     Indeed,  sir,  tluse yoiiii;,' 
gentlemen,  if  they  could  be  iiidiicid  to  take  the 
field,  would,  after  a  lapse  of  ten  or  fifteen  years, 
conic  up  from  the  bar,  or  it  may  be  the  pulpit, 
fresh  in  military  scieiiccj  and  admirably  quali- 
fied for  command  in  the  lace  of  an  enemy.     The 
magazine  of  facts,  to  jirove  at  the  same  plan<v 
the  extravaganco  and  unfruitfulness  of  this  in- 
stitution, is  not  easily  exhausted :  but  I  am  ad- 
monished by  the  lateness  of  the  hour  to  omit 
many  considerations  which  I  regard  as  both  in- 
teresting and  important.    I  will  only  detain  the 
committee  to  make  a  single  statement,  jjlacintc 
side  by  side  some  aggregate  results.    There  has 
already  been  expended  upon  the  institution  more 
than  three  millions  three  hundred  thousand  ilol- 
lars.    Between  1815,  and  1821,  thirteen  hundred 
and  eighteen  students  were  admitted  into  the 
Academy ;  and  of  all  the  cadets  who  were  ever 
there,  only  two  hundred  and  sixty-five  remain- 
ed in  the  service  at  the  end  of  1«30,    Hei<  are  the 
expenses  you  have  incurred,  and  the  jiroducts 
you  have  realized. 

"  I  leave  them  to  bo  balanced  by  the  pople. 
But  for  myself,  believing  as  I  do,  that  the  Acad- 
emy stands  forth  as  an  anomaly  among  the  in- 
stitutions of  this  country ;  that  it  is  at  variance 
with  the  spirit,  if  not  the  letter  of  the  constitu- 
■.on  under  which  wj  live  ;  so  long  as  this  House 
tr'iall  deny  investigation  into  its  principles  antl 
practical  operation,  I,  as  an  individual  member, 
wit  refuse  to  appropriate  the  first  dollar  for  its 
support." 


CHAPTER    CXLI. 

EXPUNOINO  EESOLL'TION-PEKOIJATION  OF  SEN- 
ATOR BENTONS  SECOND  SPEECH. 

"  The  condemnation  of  the  President,  combining 
as  it  did  all  that  illegality  and  injustice  could  in- 
flict, had  the  further  misfortune  to  be  co-opera- 
tive in  its  effect  with  the  conspiracy  o\  the  Bank 
of  the  United  States  to  cflcct  the  most  wicked 


64G 


TllUaV  YKAIW  VIKW 


ainl  uiiivLTHul  mcIh'Iiic  or  iniM^hief  wiiicli  tliv 
uiitmlt  of  iiioik'rn  tiiiioM  exhibit.  It  uoh  u  |ilot 
K„'niii><t  t)iu  povernineiit,  and  ogninst  thu  |)r(>- 
lK.Tty  of  the  rouiitry.  The  KovtTumt'nt  watt  to 
l><-  iipHi't,  and  |ir<)|icrty  rovolutiotiizcil.  Six 
liuiiilrt'd  barikii  woru  to  Im  broken — tho  general 
t'lirrcncy  ruined — niyriodn  bankrupted — all  bii- 
sincxs  RtopjH-'d — all  property  sunk  in  value— 
nil  confidunco  deHtroyed!  tliut  out  of  this  wide 
hpread  ruin  and  |K!rvadinK  diHtrcKs,  tho  venKofiil 
institution  might  glut  itH  avarice  and  ambition, 
trample  upon  the  i'resident,  take  poHsession  of 
tho  government,  reclaim  its  lost  deposits,  and 
iKTpetuatc  its  charter.  These  crimes,  revolting 
and  frightful  in  tliemHelves,  were  to  bo  accom- 
I'lishcd  by  the  peri)etration  of  a  wholo  systora 
of  subordinate  and  subsidiary  crime!  thoiKioplo 
to  bo  deceived  and  excited  ;  the  President  to  bo 
calumniated  ;  the  ctfects  of  tho  bank's  own  con- 
duct to  bo  charged  upon  him ;  meetings  got  up ; 
business  suspended ;  distress  deputations  or- 
ganized ;  and  the  Senate  chamber  converted  into 
a  theatre  for  the  dramatic  exhibition  of  all  this 
fictitious  woe.  That  it  was  tho  deep  and  sad 
misfortune  of  tho  Senate  so  to  act,  as  to  bo  co- 
operative in  all  this  scone  of  mischief,  is  too  fully 
proved  by  tho  facts  known,  to  admit  of  denial. 
I  speak  of  acts,  not  of  motives.  Tho  effect  of 
the  Senate's  conduct  in  trying  tho  President 
and  uttering  alarm  speeches,  was  to  co-operato 
with  the  bank,  and  that  secondarily,  and  as  a 
subordinate  performer;  for  it  is  incontestable 
that  the  bank  began  tho  whole  affair ;  tho  little 
bix»k  of  fifty  pages  proves  that.  The  bank  be- 
gan it ;  the  bank  followed  it  up ;  the  bank  at- 
tends to  it  now.  It  is  a  case  which  might  well 
be  entered  on  our  journal  as  a  State  is  entered 
against  a  criminal  in  tho  docket  of  a  court :  the 
Bank  of  the  United  States  versus  President 
Jackson :  on  impeachment  for  removing  tho  de- 
posits. The  entry  would  bo  justified  by  tho 
fact  J,  for  these  are  tho  indubitable  facts.  The 
bank  started  the  accusation ;  tho  Senate  took  it 
up.  The  bank  furnished  arguments;  the  Se- 
nate used  them.  The  bank  excited  meetings ;  the 
Senate  extolled  them.  The  bank  sent  deputa- 
tions ;  the  senators  received  them  with  honor. 
The  deputations  reported  answers  for  the  Presi- 
dent which  he  never  gave;  thf  Senate  repeated  and 
enforced  these  answers.  Hand  in  hand  through- 
out the  whole  process,  the  bank  and  the  Senate 
•cted  together,  and  succeeded  in  getting  up  tho 


most  serious  ami  aitlu-ting  panic  eirpr  kiiowii  ,■ 
this  country.    Tlio  whole  country  wuh  iiL-n^t,  ; 
Cities,   towns,  and  villapes,  tlio  entiiv  C(jtit,ip 
and  the  wlioli-  earth  swnifd  to  be  in  cfiinnii.ti  „ 
against  one  man.     A  revolution  wan  pro<  Uin,, ,] 
tho  ovcrtlimw  of  all   law  was  HniiuunrKJl  ||, 
substitution  of  one  nian'.<  will  fir  tho  Toirx>  /,f 
tho  whole  government,  was  daily  iissijrtcij !  t! , 
public  sense  was  astounded  and  l>e\vililiri(l  «itr 
dire  and   jKirtentous  annunciations !     In  ti,„ 
midst  of  all  this  machinery  of  alarm  and  diHin  , 
many  good  citizen.4  lost  their  reckoning';  hj,. . 
bio  heads  went  wrong ;  stout  hearts  (jimikMl ;  ,,ii  I 
friends  gave  way ;  temporizing  counstls  came  in ; 
and  tho  solitary  defender  of  hi,s  conntrj  w». 
urged  to  yield  !    Oh,  liow  much  depended  ui* 
that  one  man  at  that  dread  and  awful  puini  of  i 
time  !     If  he  had  given  way,  thtn  all  wa«  gmn.: 
An  insolent,  rapaciouH,  and  revengeful  institii.! 
tion  would  have   been   installed  in  Bovini.nl 
power.     The  federal  and  State  government.',  iLt 
Congress,  tho  Presidency,  the  State  legisltttun^,  I 
all  would  have  fallen  under  the  dominion  of  the  I 
bank;  and  all  departments  of  the  govcmmfnti 
would  have  been  filled  and  administered  by  tin 
debtors,  ])en8ioner8,  and  attorneys  oi  tliat  in-l 
stitutlon.    IIo  did  not  yield,  and  tho  countrrl 
\fR»  saved.    Tho  heroic  patriotism  of  one  maal 
prevented  all  this  calamity,  and  saved  the  Re-I 
public  from  becoming  the  appendage  and  lief  off 
a  moneyed  corporation.    And  what  has  been) 
his  reward  ?    So  far  as  the  people  are  conecnuil, 
honor,  gratitude,  blessings,  everlasting  bcnedir- 
tions ;  so  fur  as  tho  Senate  is  concerned,  di.i.| 
honor,  denunciation,  stigma,  infamy.    And  m\ 
these  two  verdicts  stand  ?    Sliall  our  joumall 
bear  tho  verdict  of  infamy,  while  the  hearts  of  I 
the  people  glow  and  palpitate  with  tho  vcrdict| 
of  honor  ? 

"  President  Jackson  has  done  more  for  tli;! 
human  race  than  the  whole    tribe  of  politi-j 
cians  put  together ;  and  shall  ho  remain  Etignii- 
tizcd  and  condemned  for  the  most  glorious  actiod 
of  his  life  ?    The  bare  attempt  to  stigmatize  .Mr| 
Jefferson  was  not  merely  expunged,  but  cutoulj 
from  the  journal ;  so  that  no  trace  of  it  remaix 
upon  tho  Senate  records.    The  designs  arc  tin 
same  in  both  cases ;  but  the  oggravations  vA 
inexpressibly  greater  in  the  case  of  PrcsidenI 
Jackson.    Referring  to  the  journals  of  tho  Iloui 
of  Representatives  for  tho  character  of  the  at] 
tempt  against  President  Jefferson,  and  the  i 


ANNO  lH3rt.     ANDUKW  JArKSOX,  lUKslbKNT. 


C47 


tlllii'tinK  pAtiic  «vrr  known  ;; 

0  wholu  country  wan  ui:iia(,  ; 

1  villapt'H,  Uio  ciitiiv  ciniiitr 
III  »itnH<l  til  Ik-  ill  fiiinmi.ti  i 

A  rt'volutioii  wuH  jiroi  l.iiiu.  i 
hII   Inw  WM  Hiiiioiinn i| I  ti- 
ne iimn'.s  will  fir  the  voiif  .f 
[iiciit,  will*  <lttily  iinsi.'it('il  I  ti ,. 
a«touiiileil  an<l  iKiwililvniUnn  I 
touH  annunciations  t     In  t'li" 
nachinery  of  ulnrin  nnd  diditi  . 
n.H  lost  tht'ir  ri'ckoninj:;  Hii-. 
Tong }  Ktout  hearts  (juaik'il ;  oil  I 
;  temporizing  counsels  canit  in ; 
r  defender  of  his  country  wiJ 
Oh,  how  much  depended  up  n 
that  dread  and  awful  point  of 
1  piTcn  way,  thtn  all  was gom'.l 
pacioiin,  and  revenfceful  institu- 1 
'0  been  installed  in  eovcnb 
lerul  and  State  government?,  the  | 
residency,  the  State  legiskturw. 
fallen  umlcr  the  dominion  of  the  I 
departments  of  the  government  I 
n  lilkd  and  administered  by  tli;| 
ners,  and  attorncya  of  tliat  in- 
did  not  yield,  and  the  country  I 
10  heroic  patriotism  of  one  iriajl 
his  calamity,  and  saved  the  Kc-I 
oming  the  appendage  and  iiifotl 
■poration.    And  what  has  bcenl 
;o  far  as  the  people  are  concctnull 
J,  blessings,  everlasting  bcnef.ic-f 
s  the  Senate  is  concerned,  dis.! 
ition,  stigma,  infamy.    And  fhilll 
iicts  stand  1    Shall  our  joumall 
of  infamy,  while  the  hearts  of  I 
V  and  palpitate  with  the  verdict! 

Fackson  has  done  more  for  th(| 
lan  the  whole    tribe  of  politi' 
her;  and  shall  ho  remain  Btigmi 
'mned  for  the  most  glorious  action 
he  bare  attempt  to  stigmatize  MrJ 
not  merely  expunged,  but  cutout! 
al ;  BO  that  no  trace  of  it  remiu: 
;o  records.    The  designs  arc  tl 
cases;  but  the  aggravations w 
rrcatcr  in  the  case  of  Presidenj 
rring  to  the  journals  of  the  llous 
ivcs  for  the  character  of  the  al 
President  Jefferson,  and  the 


»«« for  repulsing  it,  and  it  i«  Men   that  tin- 

^iitniit  wait  made  to  criminate  Mr.  .lellcpioii, 

pi  tu  chargo   him   u|)on  the  journals  with  a 

n>!«tiun  uf  the  lawx  ;  and  tliat  thin  attempt  was 

pti'i'  -kt  a  time,  and  umler  cireunistaiices  in^iili- 

,,iv  calculated  to  excite  unjust   suspiciou   in 

I  f^  niiudi  of  the  |it'oplu  against  the  Chief  .Magis- 

t,-ite,    Such  was  precisely  the  charaeter  of  the 

iwrifi'  '<  ^" '   *''"  effi-ct  of  the   charge  nf,'ainHt 

1  ^liiiJtnt  Jackson,  with  the  dilfert  iice  only  lliat 

I  i^  pruoediug  against  President  Jackson,  was 

Qtnr  ten  thousand  limeH  more  revolting  and 

HDiraTatcd;  commencing  ha  it  did  in  the  Itank, 

lorriwlon  by  a  violent  political  party,  prosecuted 

1 10  M.'ntenco  and  condemnation ;  and  calculated, 

I  [.'believed,  to  destroy  the  President,  to  change 

lti)etiIministration,aud  to  put  an  end  to  popular 

Uprcjcutativo  government.    Yes,  sir,  to  put  an 

1(0(1  to  elective  and  representative  government! 

hjr  wliat  are  all  the  attacks  upon  President 

Ijackson's  administration  but  attacks  upon  the 

lutople  who  elect  and  re-elect  him,  who  approve 

lb  administration,  and  by  approving,  make  it 

Itheirown  ?    To  condemn  such  a  President,  thus 

liupported.  is  to  condemn  the  pople,  to  condemn 

llbe  dcctive  principle,  to  condemn  the  funda- 

leDtal  principle  of  our  government;  and  to 

tiublish  the  favorite  dogma  of  the  monarchists, 

lit  the  i)oople  are  incapable  of  self-government, 

ind  will  surrender  themselves  as  collared  slaves 

|Dto  the  hands  of  military  chieftains. 

"Great  are   the    services  which    President 

jlickson  has  rendered  his  country.    As  a  Gcne- 

>l  he  has  extended  her  frontiers,  saved  a  city, 

learned  her  renown  to  the  highest  pitch  of 

lory.   Ilia  civil  administration  has  rivalled  and 

ascended  his  warlike  exploits.     Indemnities 

irocured  froir*  the  great  powers  of  Europe  for 

foiiAtions  committed  on  our  citizens  under 

ler  administrations,  and  which,  by  former 

ninlstrations  were  reclaimed  in  vain  ;  peace 

1  friendship  with  the  whole  world,  and,  what 

f  more,  the  respect  of  the  whole  world ;  the 

icter  of  our  America  exalted  in  Europe ; 

I  exalted  that  the  American  citizen  treading 

continent   of  Europe,  and  contemplating 

e  sudden  and  great  elevation  of  the  national 

icter,  might  feel  as  if  he  himself  was  an 

ed  feet  high.    Such  is  the  picture  abroad ! 

;  home  we  behold  a  brilliant  and  grateful 

e;  the  public  debt  paid, — taxes  reduced, — 

gold  ciuToncy  restored, — the  Southern 


Staler  nleiuMiI  fnim  a  iist'U>sii  and  d«npTi>us 
|)<)piilatiiiii,— all  diKturhihg  «|ueslicins  Mttlcd,— 
a  jtipintie  moiuytd  in>liliiti<»n  npiiI-i-<!  in  itn 
nmivh  to  the  rompicst  of  the  goveninit  nt,— tliu 
hi^liest  pii>s|Mrity  attained,  —  and  the  Hero 
Patriot  now  erownini;  the  list  of  liis  ulc.rioi* 
serviros  by  ( oveiini;  his  country  with  the  panoply 
of  <lef('iiee,  anil  consiiminatlii;;  his  niciiHiires  f  r 
the  re.-toration  and  pres<rvatiou  of  the  iiiricner 
of  the  constitution.  AVe  have  had  lirllliant  au'l 
pn)si)i'rous  ailministmtion-" ;  but  that  of  Pn'>i- 
(lent  Jackson  eclipses,  surpassts,  and  casts  into 
the  shade,  all  that  have  preceded  it.  And  is 
ho  to  be  branded,  stij-'iuatized,  comh  nnud,  un- 
justly and  untruly  coMileinned ;  and  the  records 
of  the  Senate  to  bear  tlio  evidence  of  this  out- 
rage to  the  latest  posterity  ?  Shall  this  Presi 
dent,  so  glorious  in  peace  and  in  war,  so  suctesi- 
ful  at  homo  and  abroad,  vthose  administration, 
now,  hailed  with  applau.-e  and  gratitude  by  the 
people,  and  destined  to  shine  for  unnundjcred 
ages  in  the  political  firmament  of  our  history  ! 
shall  this  President,  whose  name  is  to  live  for 
ever,  whose  retirement  from  life  and  services 
will  bo  through  the  gate  that  leads  to  the  tem- 
ple of  everlasting  fame;  shall  he  go  down  to 
posterity  with  this  condemnation  o^jon  him ; 
and  that  for  the  most  glorious  action  ol  his  life  ? 

"  Mr.  President,  I  have  some  kuowludge  of 
history,  and  some  acquaintance  with  the  dangers 
which  nations  have  encountered,  and  from 
which  heroes  and  statesmen  have  saved  them. 
I  have  read  much  of  ancient  and  modem  his- 
tory, and  nowhere  have  I  found  a  parallel  to 
the  services  rendered  by  President  Jackson  in 
crushing  the  conspiracy  of  the  Bank,  but  in  the 
labors  of  the  Roman  Consul  in  crushing  the 
conspiracy  of  Catiline.  The  two  conspiracies 
were  identical  in  their  objects;  both  directed 
against  the  government,  and  the  property  of 
the  country.  Cicero  extinguished  the  Catili- 
narean  conspiracy,  and  saved  Rome ;  President 
Jackson  defeated  the  conspiracy  of  the  Rank, 
and  saved  our  America,  llieir  heroic  servictf 
was  the  same,  and  their  fates  have  been  strange- 
ly alike.  Cicero  was  condemned  for  violating  the 
laws  and  the  constitution ;  so  has  been  President 
Jackson.  The  consul  was  refused  a  hearing  in  his 
own  defence:  so  has  been  President  Jackson.  The 
Ufe  of  Cicero  was  attempted  by  two  assassins ; 
twice  was  the  murderous  pistol  levelled  at  our 
President.    All  Italy,  the  whole  Roman  worhl, 


G48 


TIIIKTY  YKAW  VIEW. 


bon-  CictTD  to  t)iv  Cniiltol,  tti'l  tore  the  wntenw  , 
<'ftln'c<»nsijrHcoiiiUintmli<iii  from  lUv  fmili  of  the 
rcpiiltlic:  a  iiiillioti  of  Atiu'iicikiH,  rtthirM  ami 
Iii'wIn  of  ruiiiilii'M,  tiow  ilcmami  tlic  cxpiiririition  of 
till' m-iili'iicu  itKikiimt  thn  I*n'«iilfiit.  t'i(vn),  ful- 
lowi'il  liy  all  tliut  wa.s  virtuoiiM  in  Home,  n'|tuiri'«l 
t>i  (lu-  t('in|ilu  of  the  tiitcliiry  pxlx,  nml  Hworv 
ii|ioii  the  ullar  that  hu  hail  Havud  hit*  country: 
l'ri.'Hi(k-nt  JuckNoii,  in  tliu  teir.plu  a**  i.  o  living 
<i(mI,  nii);ht  take  the  Hnme  oath,  ami  >'< '  itN  re- 
HiioiiHu  in  the  hearts  of  millions.  Nor  Nhall  the 
parallel  stop  here  ;  hut  after  timuH,  ami  remote 
poHteritioH  shall  render  tliu  wuno  honors  tu 
each.  Two  thouHiimi  yonrH  Imvo  paHsed,  and 
tiiu  threat  actions  of  tho  coii.huI  arc  fresh  and 
preen  in  history.  The  school-boy  learns  them ; 
tlie  patriot  studies  them ;  tho  Htatefiman  applies 
them  :  so  shall  it  bo  with  our  patriot  President. 
Two  thousand  years  hcneo, — ten  thousand, — 
nny,  while  time  itself  shall  Ia8t,  for  who  can 
contemplate  tho  time  when  tho  memory  of  this 
republic  shall  bo  lost  ?  whilo  timo  it.self  shall 
last,  thonamo  and  fumo  of  Jackson  shall  remain 
and  ilourish  ;  and  this  last  great  net  by  which 
ho  saved  tho  government  from  subversion,  and 
property  from  revolution,  shall  stand  forth  as 
tho  seal  and  crown  of  his  heroic  services.  And 
if  any  thing  that  I  myself  may  do  or  say,  shall 
Hurvirc  tho  brief  hour  in  which  I  livo,  it  will 
1)6  tho  part  which  I  havo  taken,  and  tho  efforts 
which  I  havo  mado,  to  sustain  and  defend  the 
great  defender  of  his  country. 

"  Mr.  President,  I  havo  now  flnishcd  tho  view 
which  an  imperious  sense  of  duty  has  required 
mo  to  take  of  this  subject.  I  trust  that  I  havo 
proceeded  upon  proofs  and  facts,  and  have  left 
nothing  unsustaincd  which  I  feel  it  to  bo  my 
duty  to  advance.  It  is  not  my  design  to  repeat, 
or  to  recapitulate ;  but  there  is  one  further  and 
vital  consideration  which  demands  the  notice 
of  a  remark,  and  which  I  should  bo  faithless  to 
iho  genius  of  our  government,  if  I  should  pre- 
termit. It  is  known,  sir,  that  ambition  for 
office  is  tho  bane  of  free  States,  and  the  conten- 
tions of  rivals  the  destruction  of  their  country. 
These  contentions  lead  to  every  species  of  in- 
justice, and  to  every  variety  of  violence,  and 
all  cloaked  with  tho  pretext  of  the  public  good. 
Civil  wars  and  banishment  at  Rome ;  civil  wars, 
and  tho  ostracism  at  Athens ;  bills  of  attainder, 
Ftar-chomber  prosecutions,  and  impeachments 
in  England;  all  to  get  rid  of  some  envied,  or 


hated  riral,  and  all  prvtoxtrd  with  ihp  p,»,;^, 
ftowl :  Huch  haji  Wen  iIms  hiMtnry  of  fr^^  v,^,^  I 
for  tw(»  thousand  yfar4.     The  wise  nun  wi 
frame<l  our  couKtitiition  were  well  awarrof 
thiH  dani;er  and  all  this  mischief,  and  tiH.k  nf., 
tual  care,  a«  they  thought,  to  guord  apm,.,  ,  | 
lianinhment,  the  oHtraeism,    tho  »t«rHliiinii. . 
prosecutious,  billH  of  attainder,  all  fl,ov  mi,, 
mary  and  violent  modes  of  himtini;  (i„wri  ,. 
rival,  whifh  deprive  tho  victim  of  (|(f,.,|p,. 
dipriviii^  him  of  tho  intervention  of  nu  ,,,,  j 
ing  iKxly  to  staml  between  tho  accuser  mil  i . 
tryiPK  liody;  all  these  are  proHcrilicd  l,vi(„. 
genius    of    our   constitution.      IniixwlinKtitj 
alone  arc   {HTUiitted;  and  these  woiilil  ni.,.|| 
usually  occur  for  political  oflena>s,  and  k' ,  f  j 
character  to  enlist  the  passions  of  many,  ai/ 
to  agitato  tho  country.    An  cfl'ectual  f^imrd. 
was  supposed,  was  provided  against  the  alin 
of  the  impeachment  power,  first,  by  rcqiiiriii!;i 
chargo  to  bo  preferred  by  tho  House  of  HqisJ 
sontatives,  as  the  grand  Inquest  of  tlio  nation/ 
and  ne.rt,  in  confining  tho  trial  to  tho  Snaie, 
and  roqiiiring  a  minority  of  two-thirds  to  rn 
vict.    Tho  gravity,  tho  dignity,  tho  ago  of  tl* 
senators,  and  tho  groat  and  various  powers  viiij 
which  they  wore  invested — greater  and  mn 
various  than  are  united  in  tho  same  pcrtoiu 
under  any  other  constitutional  government  iipoJ 
earth — these  were  supposed  to  mako  the  ScnitJ 
a  safe  depository  for  the  impeachment  power] 
and  if  the  plan  of  tho  constitution  is  fcdldwuf 
out  it  must  be  admitted  to  bo  so.    But  if  i 
public  officer  can  be  arraigned  by  his  rinl^ 
before  the  Senate  for  impeachable  offences  with. 
out  the  intervention  of  the  House  of  Itcprcseiv 
tativcs,  and  if  he  can  be  pronounced  guilty  bjj 
a  simple  majority,  instead  of  a  majority  of  t«oj 
thirds,  then  haa  the  wholo  frame  of  our  goTen 
ment  miscarried,  and  the  door  left  wide  opent^ 
the  greatest  mischief  which  has  ever  afflicted 
the  people  of  free  States.    Then  can  rivals  i 
competitors  go  on  to  d<)  whnt  it  was  intcidi 
they  should  nerer  do ;  accuse,  denounce, 
demn,  and  hunt  down  each  other !    Great  I 
been  the  weight  of  the  American  Senate.  Tin 
wa8  when  its  rejections  for  office  were  fatal  I 
character ;  time  t«  when  its  rejections  are  ratlx 
passports  to  public  favor.    Why  this  Bad  i 
ominous  decline  1    Let  no  one  deceive  Uimt 
Public  opinion  is  the  arbiter  of  character  i 
cur  enlightened  day ;  it  is  the  Areopagus  f 


ANNO  IsntV     ASnnKW  JAfKSfJX.  riUMDKNT. 


C40 


ill  prfUrxti'd  with  the  puM^ 
wn  llw  hUtnry  <>f  frro  »>t,i„ 
i  yfurn.     The  wIms  min  »i , 
itution  wen'  well  owarr  of  i,; 
ill  thia  mifchicr,  aniltiH>k  itfr. 
r  thought,  to  inian)  a).'nin>i  i 
t  oatrRclKtn,    the   Ktar-<Uml.< 
Im  of  attaimlor,  all  «1ioh'  Him 
lit  inoclcB  of  huiilini;  dcmn  J 
)rivo  the  vU'thn  <>f  Mvury 
r  the  Intervention  of  an  i  n 
111  between  the  acciisir  mil  t , 
]\  thewj  aro  pro^rrilnid  l.yi!, 
'    conntitution.      IniiH'ttchnun: 
nitted;  and  these  would  ni..'tl 
jr  political  oflences,  and  !>«  .  i 
list  the  paaniona  of  many,  an 
Runtry.    An  effectual  pianl. 
was  provided  against  the  aliu 
ment  power,  first,  by  requiriii!;  _ 
referred  by  the  lloiisc  of  Uiprf. 
ho  grand  Inquest  of  the  nation 
mflning  tho  trial  to  the  S.'mi 
a  miyority  of  two-thirds  to  w 
,vity,  tho  dignity,  tho  ago  of  tl 
ho  great  and  various  powcn  witl 
vero  invested— greater  and  mo 
are  united  in  tho  same  pcrwi 
cr  constitutional  government  iipo 
rcre  supposed  to  make  the  Scmi 
iry  for  the  impeachment  power 
of  tho  constitution  is  follow 
^  admitted  to  bo  so.    But  if 
can  bo  arraigned  by  liis  rival 
ittte  for  impsachablo  offences  witl 
entionof  tho  House  of  UcprcKi 
he  can  be  pronounced  guilty  bi 
rity,  instead  of  a  majority  of  twr 
aa  the  whole  frame  of  our  goTer 
ed,  and  the  door  left  wide  openti 
lischicf  which  has  ever  afflirt 
free  States.    Then  can  rivals 
on  to  do  wlmt  it  was  intern 
leyer  do;  accuse,  denounce, 
mnt  down  each  other!    Great 
ht  of  the  American  Senate.  T 
rejections  for  office  were  fatal 
ne  t»  when  its  rejections  are  rat! 
mblio  favor.    Why  this  sad  i 
no  t    Let  no  one  deceive  hims 
»n  is  the  arbiter  of  char«ct<r 
day ;  it  is  the  Areopagus 


(It  th<''v  is  no  appeal!  That  arbltrr  luu*  the  author  of  ihr  ivlirmr— Imd  iti'nxliici'tl  it  at 
.i«m<T<l  atfalnat  tlw  ."v-natc.  It  ban  MiMaimfl  mvrrnl  w*. ion*— and  now  niu-w.  .1  u.  Mr.  \Vv\y 
prfiMUiil,  an<l  c*>ndt'nin«'<l  tho  Scnnti*.  If  >-ti  r  al-o  mmii' a  |  ni|i«i«itiiiiil<Hli("iniiiMffirt  at 
U  tu^uiiie*!  tlic  Sonutt',  the  I'n'xidont  nui«t  thii*  mmiiiin.  It  wan  th«  nutiinitr  <>f  the  pri>Hidt'n- 
iMn  ruined!  aH  it  hait  not,  the  .Senate  tialrloitioii;  nrxt  ^rrent  calnilittixiift  wi  n■llln>le>>y 
lt  be  ruined,  if  it  pcmcvere*  in  It  r'.ar«»«,  the  party  which  fuvund  th- iliKirH>u'i'in  u|Min 
|-,n< on  to  bravo  public  opinion!— a.H  an  in-  il.-t  effict  in  aildinn  to  tluir  |mpiilnrily,  .Mr. 
^tiDO, it  tnuKt  bo  ruined!  j  Clay  limited  lii«planof(lip<tiil,uti(,n  tofh.-yeiiix  j 

but  the  liniitntiun  \\m  justly  coiiAiili  nd  a^  no- 
thing—aM  a  nuTC  nieaiiH  of  Ujjiiniin;:  the »<y«t«'in 
of  theKO  dlNtriliutioiiK — which  imce lH(;!in.  wiiiild 
go  on  of  tluinM'lves,  w bile  our  preHidinliul  ilec- 
tiouH  continued,  and  any  thing  to  divide  could 
1)0  fouml  in  the  treanury.  .Mr.  Heiiton  ()|i|i(k< d 
the  whole  scheino, and  confronted  it  with  a  pro- 
position to  devote  tho  surplus  revenue  to  the 


CHAPTKll  CXLII. 

pijTRllll'TtON  OP  TIIK  LAND  nKVENUH 


kt  iTcat  loss  of  tho  bank  has  been  in  tho 
filiation  of  the  securities  ;  and  tho  only  way 
[tRiin  a  capital  is  to  rcstoro  their  value.    A 
^portion  of  them  consiKts  of  State  stocks, 
itii  are  so  far  bolow  their  intrinsic  worth  that 
L  present  prices  could  not  have  been  antici- 
1  bv  any  reasonable  man.    No  doubt  can 
Idtertained  of  their  ultimate  payment.    The 
themselves,  unaided,  can  satisfy  every 
1  against  them ;  they  will  do  it  speedily,  if 
adopt  tho  moasurcH  contemplated  fur 
relief.    A  division  of  tho  public  lands 
ngtho  States,  which  would  enable  thorn  all 
iv  their  debts — or  a  pledge  of  tho  proceeds 
|ttles  for  that  purpose — would  bo  abundant 
lity.   Either  of  these  acts  would  inspire 
lidence,  and  enhance  tho  value  n(  all  kinds 
loperty."    Thia  paragraph  appeared  in  tho 
idelphia  National  Gazette,  was  attributed 
[llr.  Biddle,  President  of  the  Bank  of  the 
States;  and  connects  that  institution 
Ul  the  plans  for  distributing  tho  public 
1  money  among  the  States,  either  in  the 
(of  a  direct  distribution,  or  in  the  disguise 
Uposit  of  the  surplus  revenue ;  and  this  for 
jpurpose  of  enhancing  the  value  of  the  State 
I  held  by  it.    That  institution  was  known 
^Te  interfered  in  the  federal  legislation,  to 
lote  or  to  baffle  the  passage  of  lawc^  as 
1  to  bo  favorable  or  otherwise  to  her  in- 
s;and  this  resort  to  the  land  rc-vwiue 
igh  an  act  of  Congress  was  an  emlneut  in- 
i  of  the  spirit  of  interference.    This  dis- 
had  become,  very  nearly,  a  party 
e;  and  of  the  party  of  which  the  bank 
I  member,  and  Mr.  Clay  the  obkf.    He  was 


purimses  of  national  defenee  ;  thereby  making 
an  issue,  as  he  declared,  l>etween  the  plumler  of 
tho  country  and  the  defeiico  of  tho  country. 
lie  introduced  uu  antagonistic  bill,  ii.h  he  termed 
it,  devoting  tho  surplus  moneys  to  the  public 
defences  ;  and  allowing  by  reports  from  the  war 
and  navy  departments  that  feveii  millions  a 
year  for  fifteen  years  would  bo  retjuired  for  tho 
completuui  of  the  naval  difince-x,  aiul  thirty 
millions  to  complete  tho  military  defences  j  of 
which  nine  millions  per  annum  could  bo  benell- 
cially  expended ;  and  then  went  on  to  say  : 

"  That  the  reports  from  which  ho  had  read, 
taken  together,  presented  a  complete  pysteni  of 
preparation  for  tho  national  defence ;  every  nrni 
and  branch  of  defence  was  to  be  provided  lor  ;  nn 
increase  of  tho  navy,  including  steamships ;  aj)- 
propriate  fortifications,  including  steam  batter- 
ies ;  armories,  foundries,  arsenahi,  with  ample 
supplies  of  arms  and  munitions  of  war ;  an  in- 
crease of  troops  for  tho  West  and  Northwest ; 
a  line  of  posts  and  a  military  road  from  the  Ked 
River  to  ths  Wisconsin,  in  tne  rear  of  the  scttie- 
mcnts,  and  mounted  dragoons  to  scour  the 
country ;  every  thing  was  considered ;  all  was 
reduced  to  system,  and  a  general,  adequate,  and 
appropriate  plan  of  national  defence  was  pre- 
sented, sutficicnt  to  absorb  all  the  surplus  re- 
venue, and  wanting  nothing  but  tho  vote  of 
Congress  to  carry  it  into  etl'ect.    In  this  great 
system  of  national  defence  the  whole  Union  was 
equally  interested ;  for  the  country,  in  all  that 
concerned  its  defences,  was  but  a  unit,  and  every 
section  was  interested  in  tho  defence  of  every 
other  section,  and  ever}'  individual  citizen  was 
interested  in  the  defence  of  the  whole  popula- 
tion.   It  was  in  vain  to  sa^y  that  the  navy  was 
on  the  sea,  and  the  fortifications  on  the  seaboard, 
and  that  the  citizens  in  the  interior  States,  or 
in  tho  valley  of  tho  Mississippi,  had  no  interest 
in  these  remote  dcfvnccb.    Such  on  idea  woa 


620 


TIIIUTY  YEARS'  VIEW. 


mistaken  and  deliisivo.  The  inha1)iUnt  of  Mis- 
tiuiiri  and  uf  Indiana  had  a  direct  interest  in 
kwpinp;  oiK;n  tlio  nioiithH  of  the  rivers,  defending 
the  seaport  towns,  and  preserving  a  naval  force 
tiiat  woiii(i  protect  the  proiluco  of  his  labor 
in  cronsing  tlio  ocean,  and  arriving  safely  in 
foreiprn  iiiurkets.  All  the  forts  at  the  mouth 
of  the  Mississippi  were  just  as  much  for  the 
bonelit  of  the  western  Slates,  as  if  those 
States  wore  down  at  the  mouth  of  that  river. 
So  of  all  the  forts  on  the  Gulf  of  Mexico.  Five 
forts  are  completed  in  the  delta  of  the  Missis- 
Fippi ;  two  are  completed  on  the  Florida  or 
Alabama  coast ;  and  seven  or  eight  more  are 
projected;  all  calculated  to  give  security  to 
western  commerce  in  passing  through  the  Gulf 
of  Mexico.  Much  had  been  done  for  that  fron- 
tier, but  more  remained  to  be  done  ;  and  among 
the  great  works  contemplated  in  that  quarter 
were  larp;e  establishments  at  I'ensacola,  Key 
West,  or  the  Dry  Tortugas.  Large  military  and 
naval  stations  were  contemplate*'  -  ^  these  points, 
and  no  cxpunditiuc  or  prcparuw.jns  could  exceed 
in  amount  the  magnitude  of  the  interests  to  be 
protected.  O  n  the  Atlantic  board  the  commerce 
of  the  States  found  its  way  to  the  ocean  through 
many  outlets,  from  Maine  to  Florida;  in  the 
West,  on  the  contrary,  the  whole  commerce  of 
the  valley  of  the  Mississippi,  all  that  of  the  Al- 
abama^ of  western  Florida,  and  some  part  of 
Georgia,  passes  through  a  single  outlet,  and 
1  caches  the  ocean  by  passing  between  Key  West 
and  Cuba.  Here,  then,  is  an  immense  commerce 
collected  into  one  channel,  compressed  into  one 
line,  and  passing,  as  it  were,  through  one  gate. 
This  gives  to  Key  West  and  the  Dry  Tortugas 
an  importance  hardly  possessed  by  any  point  on 
tlie  globe;  for,  besides  commanding  the  com- 
merce of  the  entire  West,  it  will  also  command 
that  of  Mexico,  of  the  West  Indies,  of  the  Carib- 
bean sea,  and  of  South  America  down  to  the 
middle  of  tiiat  continent  at  its  most  eastern  pro- 
jection, Cape  Roque.  To  understand  the  cause 
of  all  this  (Mr.  B.  said),  it  was  necessary  to 
look  to  the  trade  winds,  which,  blowing  across 
the  Atlantic  between  the  tropics,  strike  the 
South  American  continent  at  Cape  Roque,  fol- 
low the  retreating  coast  of  that  continent  up 
to  the  Caribbean  sea,  and  to  the  Gulf  of  Mexico, 
creating  the  gulf  stream  as  they  go,  and  by  the 
combined  effect  of  a  current  in  the  air  and  in  the 
water,  sweeping  all  vessels  from  this  side  Cape 
Roque  into  its  stream,  carrying  them  round  west 
of  Cuba  and  bringing  tbem  out  between  Key 
West  and  the  Havana.  These  two  positions, 
then,  constitute  the  gate  through  which  every 
thing  must  pass  that  cornea  from  the  valley  of 
the  Mississippi,  from  Mexico,  and  from  South 
America  as  low  down  as  Cape  Roque,  As  the 
masters  of  the  Mississippi,  we  should  be  able  to 
predominate  in  the  Gulf  of  Mexico ;  and,  to  do 
so,  we  must  have  great  estabhshments  at  Key 
West  and  Pensacolo.  Such  establishments  are 
now  proposed ;  and  every  citizen  of  the  West 
should  look  upon  them  as  the  guardians  of  his 


own  immediate  interests,  the  indispensable  t 
guard  to  his  own  commerce ;  and  to  him  *■ 
highest,  most  sacred,  and  most  beneticial  ot  J 
to  which  surplus  revenue  could  \k'  apjjlit,] 
Gulf  of  Mexico  should  be  considtred  gfi  j),,  J 
tuary  of  the  Mississippi.    A  naval  and  mill  J 
supremacy  should  be  established  in  that  n 
cost  what  it  might ;  for  without  thatsH])!^., 
the  commerce  of  the  entire  AVest  would  iH 
the  mercy  of  the  fleets  and  privatters  of  iniulj 
powers.  1 

"Mr.  B.  returned  to  tlio  immediate  (i\tm\ 
his  remarks — to  the  object  of  showing  that  J 
defences  of  the  country  would  absorb  eTerr^J 
plus  dollar  that  would  ever  be  found  inthciJ 
sury.  He  recapitulated  the  aggregates  of  til 
heoids  of  expenditure ;  for  the  navy,  about  f  J 
millions  of  dollars,  embracing  the  increaw  [ 
the  navy,  navy  yards,  ordnance,  and  n  pain  I 
vessels  for  a  series  of  years ;  for  fortificatJ 
about  thirty  millions,  reported  by  the  cn-irj 
department ;  and  which  sum,  after  reducing] 
size  of  some  of  the  largest  class  of  frrts,  not] 
commenced,  would  still  be  large  enougli,  J 
the  sum  reported  by  the  ordnance  dcpartmJ 
amounting  to  near  thirty  millions,  to  malJ 
totality  not  much  less  than  one  hundred  milji  J 
and  far  more  than  sufficient  to  Bwaliovup] 
the  surpluses  which  will  ever  be  found  toei 
in  the  treasury.  Even  after  deducting  ml 
from  these  estimates,  the  remainder  will  stilf 
bej'ond  any  surplus  that  will  actually  be  fol 
Every  person  knows  that  the  present  yearijj 
criterion  for  estimating  the  revenue ;  excess 
paper  issues  has  inflated  all  busmcss,  and  1 
excess  in  all  branches  of  the  revenue;  nesty 
it  will  be  down,  and  soon  fall  as  much  bel 
the  usual  level  as  it  now  is  above  it.  Moretl 
that ;  what  is  now  called  a  surplus  in  the  t 
sury  is  no  surplus,  hat  a  mere  accumuiitioal 
want  of  passing  the  appropriation  bills,  f 
whole  of  it  is  pledged  to  the  bills  which! 
piled  upon  our  tables,  and  which  we  cannot! 
passed ;  for  the  opposition  is  strong  cnongi 
arrest  the  appropriations,  to  dam  up  the  mof 
in  the  treasury ;  and  then  call  that  a  surj 
which  would  now  be  in  a  course  of  expendituij 
the  necessary  appropriation  bills  could  be  p 

"The  public  defences  will  require  nesrj 
hundred  millions  of  dollars;  the  annualanol 
required  for  these  defences  alone  amouiii 
thirteen  or  fourteen  millicfns.     The  engi 
department  answers  explicitly  that  it  can  t 
ficially  expend  six  raillions  of  dollars  anntu 
the  ordnance  that  it  can  beneficially  eipj 
three  millions ;  the  navy  that  it  can  benefii 
expend  several  millions ;  and  all  this  for*  s 
of  years.    This  distribution  bill  has  five  jl 
to  run,  and  in  that  time,  if  the  money  is  afJ 
to  defence  instead  of  distribution,  the  great  r 
of  national  defence  will  be  so  far  compleiej 
to  place  the  United  States  in  a  condition  too 
her  rights  and  her  interests,  her  flag  amlj 
soil,  to  be  honored  and  respected  by  the« 
world." 


ANNO  1S30.    ANDREW  JACKSON',  I'KIvSIDENT. 


6.11 


ate  interests,  the  indisjicnsable  < 
J  o\N-n  commerce;  ami  to  him  , 
st  sacred,  and  most  benetici»l  o J 
rpliis  revenue  could  U'  apiilic'l.  t 
xico  should  be  considereil  &«  tho, 
I  Mississippi.  A  naval  and  miliij 
should  be  established  in  thati 
,  might ;  for  without  that  supn-iu, 
■ce  of  the  entire  AVest  would  iJ 
)f  the  fleets  and  privateers  of  mm 

returned  to  tho  immediate  objwij 
I — to  the  object  of  showing  that  | 
the  country  would  absorb  every  s, 
that  would  ever  be  found  in  thetn 
recapitulated  the  aggregates  of  tin 
penditure  ;  for  the  navy,  about  ft 
dollars,  embracing  the  incrta«l 
navy  yards,  ordnance,  and  rcpairij 
a  scries  of  years  ;  for  fortiiicatiof 
y  millions,  reported  by  the  cnpJ 
t ;  and  which  sum,  after  rcducins] 
fi  of  the  largest  class  of  frrts,  not] 
J,  would  still  be  large  enougli,  J 
sported  by  the  ordnance  dcpartmJ 
to  near  thirty  millions,  to  mak? 
t  much  less  than  one  hundred  millioj 
)re  than  sufficient  to  8wallo\'up 
ses  which  will  ever  be  found  tot 
iasurv.    Even  after  deducting  il 
» estimates,  the  remainder  will  still 
y  surplus  that  will  actually  be  fod 
»n  knows  that  the  present  yearisj 
)r  estunating  the  revenue ;  excea 
es  has  inflated  all  business,  and  W 
ill  branches  of  the  revenue ;  ncxtj 
down,  and  soon  fall  as  much  be 
level  as  it  now  is  above  it.    Moret 
it  is  now  called  a  surplus  in  thet 
surplus,  hat  a  mere  accumuljiionj 
assing  tho  appropriation  bills,  f 
it  is  pledged  to  the  bills  which  I 
I  our  tables,  and  which  we  cannotj 
)r  the  opposition  is  strong  cnongij 
appropriations,  to  dam  up  the  w 
usury ;  and  then  call  that  a  sai 
lid  now  be  in  a  course  of  expenditu^ 
ary  appropriation  bills  could  be  pad 
lublic  defences  will  require  near  I 
aillions  of  dollars ;  the  annual  amoj 
for  these  defences  alone  an 
or  fourteen  millions.     The  e\ 
at  answers  explicitly  that  it  can  I 
nend  six  millions  of  dollars  annii 
»nce  ttat  it  can  beneficially  a 
ions ;  the  navy  that  it  can  knefit 
veral  millions ;  and  all  this  for  as 
This  distribution  bill  has  five  i 
id  in  that  time,  if  the  money  is  api 
i  instead  of  distribution,  the  great) 
al  defence  will  be  so  far  complcts 
he  United  States  in  a  condition  too 
and  her  interests,  her  flag  arf 
honored  and  respected  by  the^ 


\^  bill  was  passed  in  the  Senate,  though  by 
|,j,e  wmcwhat  close — 25  to  20.    Tho  yeas 

Lrtfrg.  Black,  Buchanan,  Clay,  Clayton, 
iiifnden.  Davis,  E wing  of  Uhio,  Qoldsburough, 
jiricks,  Kent,  Knight,  Leigh,  McKean,  Alaii- 
(^  Swidain,  Nicholas,  Porter,  Prentiss,  Pres- 
^Kiitibins,  Southard,  Swift,  Tomliuson,  Web- 
_f  White. 

fvivs.— Messrs.  Benton,  Calhoun,  Cuthlwrt, 
W  of  Illinois,  Grundy,  Hill,  Hubbard.  King 
Ijjibania,  King  of  Georgia,  Linn,  Moore,  Mor- 
3,  Rives,  Bobinson,  Buggies,  Shepley, 
^,  Walker,  Wright 

jfjDg  sent  to  the  Hou-se  for  concuiTcnce  it 

.  evident  that  it  could  not  pass  that  body ; 

1  the  friends  of  distribution  in  the  Senate 

jnpon  a  new  mode  to  eflect  their  object,  and 

^form  to  gain  tho  votes  of  many  members 

(held  distribution  to  be  a  violation  of  the 

dilution— among  them  Mr.  Calhoun ; — who 

k  the  lead  in  tl     movement.    There  was  a 

Ibefore  the  Sem.tp  io  regulate  tho  keeping  of 

I  public  moneys  in  the  deposit  banks ;  and 

Lf  as  turned  into  distribution  of  the  surplus 

c  moneys  with  the  States,  in  proportion  to 

jtpresentation  in  Congress,  to  be  returned 

1  Congress  should  call  for  it :  and  this  was 

j  a  deposit  with  the  States;  and  the  faith 

(States  pledged  for  returning  the  money. 

Ideposit  was  defended  on  the  same  argument 

fhich  Mr.  Calhoun  had  proposed  to  amend 

lonstitution  two  years  before ;  namely  that 

I  was  no  other  way  to  get  rid  of  the  surplus. 

Ilo  a  suggestion  from  Mr.  Wright  that  the 

jtrs,  when  once  so  deposited  might  never  be 

1  again,  Mr.  Calhoun  answered : 

I  the  senator  from  New-York  objects  to 
£ure,  that  it  would,  in  eflect,  amount  to 
hbution,  on  the  ground,  as  he  conceives, 
be  States  would  never  refund.  He  does 
|[iiibt  but  that  they  would,  if  called  on  to 
1  by  the  government ;  but  ho  says  that 
ess  will  in  fact  never  make  the  call.  Ho 
{this  conclusion  on  the  supposition  that 
jfould  be  a  majority  of  the  States  opposed 
He  admits,  in  case  the  revenue  should 
deficient,  that  the  southern  or  staple 
I  vould  prefer  to  refund  their  quota,  rather 
[to  raise  the  imposts  to  meet  the  deficit ; 
K  insists  that  the  contrary  would  be  the 
riththe  manufacturing  States,  which  would 
I  to  increase  the  imposts  to  refunding  their 
loathe  ground  that  the  increase  of  the 
I  vould  promote  the  interests  of  manufac- 
I  cannoi  agree  with  the  senator  that 
iSuies  would  assume  a  position  so  utterly 


I  untenable  as  to  refuse  to  refund  a  dejwsit  whicli 

;  their  faith  would  be  plighttd  to  return,  nn.l  ivn 
the  refusal  on  the  ground  of  prfftriin-  to  l.iv 
a  tax.  because  it  would  U-a  bonntv  to  tlioin  aiwl 
w-ould  consequently  throw  tiie  whole  l.nrdt'U  of 
the  tax  on  the  other  States.  But,  l.c  this  as  it 
may,  I  can  tell  the  Bcn-iiui-  tlmt.  if  tlity  td.oubl 
take  a  course  so  unjust  and  iiion.stnjiis,  lie  mav 
bo  assured  that  the  other  ,Stafe«  would  most 

I  unquestionably  resist  the  incrciise  (if  the  imposts ; 

I  so  that  the  government  would  have  to  Uiko  its 
choice,  either  to  go  without  the  money.  <.r  cull 
on  the  States  to  refund  the  deposits." 

Mr.  Benton  took  nn  objection  to  this  scheme  of 
deposit,  that  it  was  a  distribution  under  a  false 
name,  making  a  double  disposition  of  the  same 
money ;  tliat  the  land  money  was  to  be  distributed 
under  the  bill  already  passed  by  the  Senate :  and 
he  moved  an  amendment  to  except  that  money 
from  the  operation  of  the  deposit  to  be  made  with 
the  States.  He  said  it  was  hardly  to  be  supposed 
that,  in  the  nineteenth  century,  a  grave  legisla- 
tive body  would  pass  two  bills  for  dividing  the 
same  money;  and  it  was  to  save  the  Senate 
from  the  ridicule  of  such  a  blunder  that  he  called 
their  attention  to  it,  and  proposed  the  amend- 
ment. Mr.  Calhoun  said  there  was  a  remedy 
for  it  in  a  few  words,  by  adding  a  proviso  of  ex- 
ception, if  tho  land  distribution  bill  became  a 
law.  Mr.  Benton  was  utterly  opposed  to  such 
a  proviso — ^a  proviso  t>  take  effect  if  the  same 
thing  did  not  become  law  in  another  bill.  Mr. 
Morris  aho  wished  to  know  if  the  Senate  was 
about  to  make  a  double  distribution  of  the  same 
money  ?  As  far  it  respected  the  action  of  the 
Senate  the  land  bill  was,  to  all  intents  and  pur- 
poses, a  law.  It  had  passed  the  Senate,  and  they 
were  done  with  it.  It  had  changed  its  title 
from  "bill"  to  "act."  It  was  now  tho  act  of = 
the  Senate,  and  they  could  not  know  what  dis- 
position the  House  would  make  of  it.  Mr. 
Webster  believed  the  land  bill  could  not  pass 
the  House ;  that  it  was  put  to  rest  there ;  and 
therefore  he  had  no  objection  to  voting  for  the 
second  one:  thus  admitting  that,  under  tho 
name  of  '•  distribution  "  the  act  could  not  pass 
the  House,  and  that  a  change  of  name  was  indis- 
pensable. Mr.  Wright  made  a  speech  of  state- 
ments and  facts  to  show  that  there  would  be  no 
surplus;  and  taking  up  that  idea,  Mr.  Benton 
spoke  thus : 

"  About  this  time  two  years  ago,  the  Senate 
was  engaged  in  proclaiming  the  danger  of  a 
bankrupt  Treasury,  and  in  proving  to  the  peo< 


652 


THIRTY  YEARS'  VIEW. 


pic  that  utter  ruin  must  ensue  from  the  removal 
of  the  deposits  from  the  Bank  of  tho  United 
Btates.  The  same  >Scnatc,  nothing  abated  in 
confidence  from  the  failure  of  former  predictions, 
la  now  engaged  in  celebrating  the  prosperity  of 
the  country,  and  proclaiming  a  surplus  of  forty, 
und  fifty,  and  sixty  millions  of  dollars  in  that 
iiamo  Treasury,  which  so  short  a  time  sinco 
they  thought  was  going  to  be  bankrupt.  Both 
occupations  are  equally  unfortunate.  Our 
Treasury  is  in  no  more  danger  of  bursting  from 
distension  now,  than  it  was  of  collapsing  from 
depletion  then.  The  ghost  of  the  panic  was  dri- 
ven from  this  chamber  in  May,  1834,  by  the  re- 
port of  Mr.  Taney,  showing  that  all  tho  sources 
of  the  national  revenue  were  in  their  usual  rich 
and  bountiful  condition ;  and  that  there  wa^  no 
danger  of  bankruptcy.  Tho  speech  and  state- 
ment, so  brief  and  perspicuous,  just  delivered  by 
the  senator  from  New  York  [Air.  Wright],  will 
perform  the  same  office  upon  the  distribution 
spirit,  by  showing  that  the  appropriations  of  the 
session  will  require  nearly  as  much  money  as 
the  public  Treasury  will  be  found  to  contain. 
The  present  exaggerations  about  the  surplus  n-ill 
have  their  day,  as  tho  panic  about  an  empty 
Treasury  had  its  day ;  and  time,  which  corrects 
all  things,  will  show  the  enormity  of  these  errors 
which  excite  the  public  mind,  and  stimulate  the 
public  appetite,  for  a  division  of  forty,  fifty,  and 
sixty  millions  of  surplus  treasure." 

The  bill  being  ordered  to  a  third  reading,  with 
only  six  dissenting  votes,  the  author  of  this 
View  could  not  consent  to  let  it  pass  without 
an  attempt  to  stigmatize  it,  and  render  it  odious 
to  the  people,  as  a  distribution  in  disguise — ^as  a 
deposit  never  to  be  reclaimed;  as  a  miserable 
evasion  of  the  constitution ;  as  an  attempt  to 
debiiuch  the  people  with  their  own  money ;  as 
plundering  instead  of  defending  the  country; 
as  a  cheat  that  would  only  last  till  the  presiden- 
tial election  was  over ;  for  there  would  be  no 
money  to  deposit  after  tho  first  or  second  quar- 
ter ;— and  as  having  the  inevitable  effect,  if  not 
the  intention,  to  break  tho  deposit  banks ;  and, 
finally,  as  d'sappointing  its  authors  in  their 
schemes  •■>.  popularity:  in  which  he  was  pro- 
phetic ;  as,  out  of  half  a  dozen  aspirants  to  the 
presidency,  who  voted  for  it,  no  one  of  them 
ever  attained  that  place.  The  following  are 
parts  of  his  speech : 

"  I  now  come,  Mr.  President  (continued  Mr. 
B.),  to  the  second  subject  in  tho  bill — the  dis- 
tribution feature — and  to  which  tho  objections 
are,  not  of  detail,  but  of  principle ;  but  which 
objections  are  so  strong,  in  tho  mind  of  myself 
and  some  friends,  that,  far  from  shrinking  from 
tho  contest,  and  sneaking  away  in  our  little 
lumority  of  six,  where  we  were  left  last  even- 


ing, we  come  forward  with  unabated  rtir, 
to  renew  our  opposition,  and  to  gjin,,! 
dissent;  anxious  to  have  it  known  t!  > 
tended  to  the  last  against  the  ecducn. 
measure,  specious  to  the  view,  and  teir  , 
the  taste,  but  fraught  with  mischief  and  f 
consequences  to  the  character  of  this  m^ 
ment,  and  to  the  stability  and  harmony  oil 
confederacy.  "     | 

"Stripping  this  enactment  of  statntnrr 
biage,  and  coUeciing  the  provisions  of  the  I 
tion  into  a  single  view,  they  seem  to  be  td 
1.  The  public  moneys,  above  a  specific  suttl 
to  be  deposited  with  the  States,  in  a  ivJ 
ratio ;  2.  The  States  are  to  give  ccrtificaJ 
deposit,  payable  to  the  United  States  •  bul 
time,  or  contingency,  is  fixed  for  the  pavij 
3.  The  Secretary  of  tho  Treasury  is  to  4li1 
assign  tho  certificates,  limited  to  a  ratable  J 
protion  of  each,  when  necessary  to  meet  a 
priations  made  by  Congress ;  4.  The  ceriifij 
so  assigned  are  to  bear  an  interest  of  Hf  J 
cent.,  payable  half  yearly ;  5.  To  bear  no  j 
rest  before  assignment ;  6.  The  principal  i 
payable  at  the  pleasure  of  the  State. 

"This,  Mr.  President,  is  the  enactment! 
what  is  such  an  enactment  ?   Sir,  I  will  i 
what  it  is.    It  is,  in  name,  a  deposit;  in  foJ 
loan;    in  essence  and  design,  a  dlstribj 
Names  cannot  alter  things ;  and  it  is  as  ii 
call  a  gift  a  deposit,  as  it  would  be  to  call  a| 
of  the  dagger  a  kiss  of  the  lips.    It  is  a  L 
bution  of  the  revenues,  under  the  nanie] 
deposit,  and  under  the  form  of  a  loan. 
known  to  be  so,  and  is  intended  to  besot 
all  this  verbiage  about  a  deposit  is  nothinjf 
the  device  and  contrivance  of  those  who] 
been  for  years  endeavoring  to  distributal 
revenues,  sometimes  by  tho  land  bill,  somel 
by  direct  propositions,  and  sometimes  br] 
posed  amendments  to  the  constitution.  M 
all  these  modes  of  accomplishing  tlie  ohjecj 
and  frustrated  by  the  constitution,  theyfi 
this  invention  of  a  deposit,  and  exult  in  the] 
cess  of  an  old  scheme  under  a  new  name. 
it  is  no  deposit,  but  a  free  gift,  aiid  a 
distribution,  is  clear  and  demonstrable,  noti 
from  the  avowed  principles,  declared  intcnl 
and  systematic  purposes  of  those  who  co| 
the  bill,  but  also  from  the  means  devised  I 
feet  their  object     Names  are  nothing.  | 
thing  done  gives  character  to  t  ae  transv 
and  the  imposition  of  an  erroneous  namea 
change  that  character.    This  is  no  deposif 
has  no  feature,  no  attribute,  no  characte 
no  quality  of  a  deposit.    A  deposit  is  a  I 
requiring  the  consent  of  two  parties,  leaviJ 
one  the  rights  of  ownership,  and  imposi/ 
the  other  the  duties  of  trustee.    The  depj 
retams  the  right  of  property,  and  resemj 
privilege    of  resumption ;   the  depositi 
bound  to  restore.    But  here  the  right  of  pr: 
is  parted  with ;  the  privilege  of  rcsumptj 
surrendered ;  the  obligation  to  render  I 
not  imposedi    On  the  contrary,  our  moi 


AXXO  1880.    ANDREW  JACKSON,  mF-SIDENT. 


653 


3  forward  with  unulutcd  rtsf,, 
ur  opposition,  and  to  i\f%\\, 
iious  to  have  it  known  t!  .' 
ho  lost  against  the  ecducii' 
ccious  to  the  view,  and  ten.,!,,,,,; 
it  fraught  with  raischicf  &nd  fn 
>s  to  the  character  of  this  p,n 
o  the  stability  and  harmony  of] 

ig  this  enactment  of  statutnrj-  * 
:olleciing  the  provisions  of  the 
single  view,  they  seem  to  \k  tv 
ilic  moneys,  above  a  specific  mn, 
sited  with  the  States,  in  a  intd 
"he  States  are  to  give  ccrtiliatei 
yablo  to  the  United  States ;  bul 
ntingcncy,  is  fixed  for  the  pavij 
retary  of  the  Treasury  is  to  ^iFj 
certificates,  limited  to  a  ratable  [ 
each,  when  necessary  to  meet  aa 
nade  by  Congress ;  4.  The  certify 
i  are  to  bear  an  interest  of  fi  J 
ible  half  yearly;  5.  To  bear  no  f 
3  assignment ;  6,  The  principal  i 
,  the  pleasure  of  the  State. 
Mr.  President,  is  the  enactment  i 
ich  an  enactment  ?   Sir,  I  will  tell 
.    It  is,  in  name,  a  deposit ;  in  foif 
essence  and  design,  a  distribJ 
tmot  alter  things  ;  and  it  is  as  ii 
a  deposit,  as  it  would  be  to  call  t\ 
^r  a  kiss  of  the  lips.    It  is  a  dl 
'  the  revenues,  under  the  name  j 
nd  under  the  form  of  a  loan.  L 
»  be  80,  and  is  intended  to  be  sol 
irbiage  about  a  deposit  is  nothingf 
e  and  contrivance  of  those  who] 
years  endeavoring  to  distributi 
sometimes  by  the  land  bill,  some! 
propositions,  and  Bometimw  byl 
cndmcnts  to  the  constitution.  Ff 
modes  of  accomplishing  the  object 
rated  by  the  constitution,  they  fall! 
ition  of  a  deposit,  and  exult  in  thJ 
I  old  scheme  under  a  new  name. 
deposit,  but  a  free  gift,  and  a  r 
ton  is  clear  and  demonstrable,  notl 
avowed  principles,  declared  intcnl 
ematic  purposes  of  those  who  cof 
jut  also  from  the  means  devised  I 
r  object     Names  are  nothing, 
ne  gives  charactfer  to  tae  transi 
mposition  of  an  erroneous  name o 
hat  character.    This  is  no  deposil 
eature,  no  attribute,  no  characU 
y  of  a  deposit.    A  deposit  is  a 
r  the  consent  of  two  parties,  leavJ 
'rights  of  ownership,  and  imposiJ 
•  the  duties  of  trustee.    The  M 
le  right  of  property,  and  resenJ 
of  resumption ;   the  deposit!^ 
restore.    But  here  the  right  of  pro 
I  with;  the  privilege  of  rcsumptt 
red ;  the  obligation  to  render  W 
osed.    On  the  contrary,  our  moi 


fhcte  ve  cannot  reach  it.    Our  trcas«iry  I 
t  cannot  pursue  it.    The  States  arc  to 
the  money,  free  of  interest,  until  is  is  necd- 
raeet  appropriations ;  and  then  the  Sccre- 
of  the  Treasury  is — to  do  what  ? — call  upon 
■«tate  t    No !  but  to  sell  and  assign  the  cer- 
'\f  and  the  State  is  to  pay  the  a-ssignce  an 
'J-j  half  yearly,  and  the  principal  when  it 
Now,  these  appropriations  will  never 
^,1q.    The  member,"?  of  Congress  arc  not 
l)i,ni--the  race  of  representatives  is  not  yet 
,n,— who  will  vote  appropriations  for  na- 
jbjccts,  to  be  paid  out  of  their  own  State 
.ies.    Sooner  will  the  tariff"  be  revived,  or 
itice  of  public  land  be  raised.    Sooner  will 
issisnability  of  the  certificate  bo  repealed 
„v. "  The  contingency  will  never  arrive,  on 
the  Secretary  is  to  assign :  so  the  dcpo,sit 
stand  as  a  loan  for  ever,  without  interest. 
the  end  of  some  years,  the  nominal  transac- 
.will  be  rescinded  j  the  certificates  will  all 
(jncellcd  by  one  general,  unanimous,  harmo- 
II  rote  in  Congress.    The  disguise  of  a  de- 
it  like  the  mask  after  a  play,  will  be  thrown 
If  and  the  delivery  of  the  money  will  turn 
to  be,  what  it  is  now  intended  to  be,  a  gift 
the  beginning.    This  will  be  the  end  of  the 
.chapter.    And  now,  how  unbecoming  in 
Jenate  to  practise  this  indirection,  and  to 
IT  a  false  name  what  cannot  be  done  by  its 
one.   The  constitution,  by  the  acknowledg- 
it  of  many  who  conduct  this  bill,  will  not 
lit  of  a  distribution  of  the  revenues.    Not 
r  back  than  the  last  session,  and  again  at 
Mmmencement  of  the  present  session,  a  pro- 
was  made  to  amend  the  constitution,  to 
lit  this  identical  distribution  to  be  made. 
proposition  is  now  upon  our  calendar,  for 
iction  of  Congress.    All  at  once,  it  is  disco- 
that  a  change  of  names  will  do  as  well  as 
mjie  of  the  constitution.    Strike  out  the 
'distribute,'  and  insert  the  word  'depo- 
and,  incontinently,  the  impediment  is  re- 
d;  the  constitution  difficulty  is  surmount- 
the  division  of  the  money  can  be  mau^ 
at  least,  is  quick  work.    It  looks  magical, 
h  not  the  exploit  of  the  magician.     It 
lits  nobody,  though  not  the  invention  of 
fiion-committal  school.    After  all,  it  must  be 
itted  to  be  a  very  compendious  mode  of 
the  constitution,  and  such  a  one  as 
imers  of  that  instrument  never  happened 
k  of.   Is  this  fancy,  or  is  it  fact  1    Are 
jislating,  or  amusing  ourselves  with  phan- 
iforia?    Can  we  forget  that  we  now  have 
the  calendar  a  proposition  to  amend  the 
atution,  to  effect  this  very  distribution,  and 
the  only  difference  between  that  resolution 
this  thirteenth  section,  is  in  substituting 
ord' deposit'  for  the  word  'distribute?' 
iving  shown  this  pretended  deposit  to  be 
ibution  in  disguise,  and  to  be  a  mere  eva- 
otthe  constitution,  Mr.  B.  proceeded  to  ex- 
its efl'ects.  and  to  trace  its  ruinous  conse- 
upon  the  federal  government  and  the 


a  temporary 
a  thing  to  lit> 


States.  It  is  br»)ught  forward  as 
measure,  a.s  a  sinjile  ojiirutioii,  as 
done  but  once ;  but  what  rnreor,  rithtr  iir  pood 
or  for  evil,  over  stop]H.'d  with  the  first  step  ?  It 
is  the  first  step  which  costs  the  (iifiiculty  :  that 
taken,  the  second  lecuints  easy,  and  npotitiou 
habitual.  Let  thi,s  distribution,  in  this  dispii.sf, 
take  effect ;  and  future  distribution  will  Ik-  com- 
mon and  regular.  Every  presidential  election 
will  bring  them,  and  larger  each  time ;  as  the 
consular  elections  in  Koine,  commencing  with 
distributions  of  grain  from  tiie  public  granaries, 
went  on  to  the  exhibitions  of  games  and  shows, 
the  remission  of  debts,  largesses  in  money,  lands, 
and  provisions ;  until  the  rival  candidates  ojienly 
bid  against  each  other,  and  the  diadem  of  eiii- 
pire  was  put  up  at  auction,  and  knocked  down 
to  the  last  and  highest  bidder.  Tlio  purity  of 
elections  may  not  yet  be  affected  in  our  young 
and  vigorous  country ;  but  how  long  will  it  U* 
before  voters  will  look  to  the  candidates  for  the 
magnitude  of  their  distributions,  instead  of  look- 
ing to  them  for  the  qualifications  whicli  the  pre- 
sidential office  requires  ? 

"The  bad  consequences  of  this  distribution 
of  money  to  the  States  are  palpable  and  fright- 
ful.   It  is  complicating  the  federal  and  Statu 
systems,  and  multiplying  their  points  of  contact 
and  hazards  of  collision.    Take  it  as  ostensibly 
presented,  that  of  a  deposit  or  loan,  to  be  repaid 
at  some  future  time ;  then  it  is  cstablisliing  the 
relation  of  debtor  and  creditor  between  theiu : 
a  relation  critical  between  friends,  embarrassing 
between  a  State  and  its  citizens ;  and  eminently 
dangerous  between  confederate  States  and  their 
common  head.    It  is  a  relation  always  depre- 
cated in  our  federal  system.    The  land  credit 
system  was  abolished  by  Congress,  fifteen  years 
ago,  to  get  rid  of  the  relation  of  debtor  and 
creditor  between  the  federal  government  and  the 
citizens  of  the  States ;  and  seven  or  eight  mil- 
lions of  debt,  principal  and  interest,  was  then 
surrendered.     The  collection  of  a  large  debt 
from  numerous  ii.dividual  debtors,  was  found  to 
be  almost  impossible.    How  much  worse  if  the 
State  itself  becomes  the  debtor !  and  more,  if 
all  the  States  become  indebted  together !    Any 
attenqpt  to  collect  the  debt  would  be  attended, 
first  with  ill  blood,  then  with  cancellation.    It 
must  be  the  representatives  of  the  States  who 
are  to  enforce  the  collection  of  the  debt.    This 
they  would  nv,t  do.    They  would  stand  together 
against  the  creditor.    No  member  of  Congress 
could  vote  to  tax  his  State  to  raise  money  for 
the  general  purposes  of  the  confederacy.    No 
one  could  vote  an  appropriation  which  was  to 
become  a  charge  on  his  own  State  treasury. 
Taxation  would  first  bo  resorted  t«,  and  the 
tariff  and  the  public  lands  would  become  the 
fountain  of  supply  to  the  federal  government. 
Taken  as  a  real  transaction — as  a  deposit  with 
the  States,  or  a  loan  to  the  States— as  this  mea- 
sure professes  to  be,  and  it  is  fraught  with  con- 
sequences adverse  to  the  harmony  of  the  federal 
system,  and  fraught  with  new  burdens  upon  the 


CM 


THIRTY  YEARS*  VIEW. 


customs,  and  upon  the  Innds ;  taken  as  a  Action 
to  avoid  tho  conrititution,  as  a  John  Doe  and 
llichurd  Koe  invention  to  convey  a  gift  under 
the  name  of  a  deposit,  and  to  ettcct  a  distribu- 
tion under  the  disj^ise  of  a  loan,  and  it  is  an 
artiflct)  which  maken  derioion  of  the  constitu- 
tion, lots  down  tho  Senate  from  its  lofty  station ; 
and  provides  a  facile  way  for  doing  any  thing 
that  any  Conpfress  may  choose  to  do  in  all  time 
to  come.  It  is  only  to  depose  one  word  and  in- 
stal  another — it  is  merely  to  chanp;e  a  name — 
and  the  fVowninp;  constitution  immediately  smiles 
on  tho  late  forbidden  attempt. 

"  To  the  federal  povemment  the  consequences 
of  these  distributions  must  be  deplorable  and 
«lcstructive.  It  must  be  remitted  to  the  helpless 
condition  of  the  old  confederacy,  depending  for 
its  supplies  upon  tho  voluntary  contributions 
of  the  .Slates.  Worse  than  depending  upon  the 
voluntary  contributions,  it  will  bo  left  to  the 
pratuitous  leavings,  to  tho  eleemosynary  crumbs, 
which  remain  upon  the  table  after  the  feast  of 
tho  States  is  over.  God  grant  they  may  not 
prove  to  be  the  feasts  of  the  Lapithse  and 
Centaurs  !  But  the  States  will  be  served  fiiSt ; 
and  what  remains  may  go  to  the  objects  of  com- 
mon defence  and  national  concern  for  which  the 
eonfedsracy  was  framed,  and  for  which  the 
power  of  raising  money  was  confided  to  Con- 
press.  The  distribution  bills  will  be  passed 
lirst,  and  the  appropriation  bills  afterwards ;  and 
every  appropriation  will  be  cut  down  to  the 
lowest  point,  and  kept  off  to  the  last  moment. 
To  stave  oft"  as  long  as  possible,  to  reduce  as 
low  as  possible,  to  defeat  whenever  possible, 
will  be  the  tactics  of  federal  legislation ;  and 
when  at  last  some  object  of  national  expenditure 
has  miraculously  run  the  gauntlet  of  all  these 
assaults,  and  escaped  tho  perils  of  these  multi- 
plied dangers,  behold  the  enemy  still  ahead,  and 
the  recapture  which  awaits  the  devoted  appro- 
priation, in  the  shape  of  an  unexpended  balance, 
on  the  first  day  of  January  then  next  ensuing. 
Thus  it  is  already ;  distribution  has  occupied  us 
all  the  session.  A  proposition  to  amend  the 
constitution,  to  enable  us  to  make  the  division, 
was  brought  in  in  the  first  month  of  the  session. 
The  land  bill  followed,  and  engrossed  months, 
to  the  exclusion  of  national  defence.  Then  came 
the  deposit  scheme,  which  absorbs  the  remainder 
of  the  session.  For  nearly  seven  months  we 
have  been  occupied  with  distribution,  and  the 
Senate  has  actually  passed  two  bills  to  effect  the 
same  object,  and  to  divide  the  same  identical 
money.  Two  bills  to  divide  money,  while  one 
bill  cannot  be  got  through  for  the  great  objects 
of  national  defence  named  in  the  constitution. 
We  are  now  near  the  end  of  the  seventh  month 
of  the  session.  The  day  named  by  the  Senate 
lor  the  termination  of  the  session  is  long  passed 
by ;  tho  day  fixed  by  the  two  Houses  is  close 
at  hand.  The  year  is  half  gone,  and  the  season 
for  labor  largely  lost ;  yet  what  is  the  state  of 
the  general,  national,  and  most  essential  appro- 
priations ?    Not  a  shilling  is  yet  voted  for  I'orti- 


flcations;  not  a  shilling  for  the  nrtlnan^.. 
thing  for  filling  the  empty  ranks  of  the  Am 
army;  nothing  for  the  new  Indian  fttitl 
nothing  for  the  continuation  of  the  t'limhr  J 
road;  nothing  for  rebuilding  the  biimtHil 
Treasury ;  nothing  for  the  custom-houMin3 
Orleans ;  nothing  for  extinguishing  the  i 
of  private  corporators  in  the  LouigviHc  i 
and  making  that  great  thorongh&rc  free  to i 
commerce  of  the  West ;  nothing  for  the  wesj 
armory,  and  arsenals  in  tho  States  which  h 
none ;  nothing  for  the  extension  of  the  cii, 
court  system  to  the  new  States  of  the  Westd 
Southwest ;   nothing  for  improving  the 
machinery ;    nothing    for  keeping   the  ni 
regularly  supplied  with    metals  for  coinl 
nothing  for  the  new  marine  hospitals ;  not  J 
for  tho  expenses  of  the  visitors  now  gone  tol 
Military  Academy;  nothing  for  the  chainl 
posts  and  the  military  road  along  the  We 
and  Northwestern  frontier.    All  these  i, 
long  list  of  other  objects,  remain  without  at 
to  this  day ;  and  those  who  have  kept  thenii 
now  coolly  turn  upon  us,  and  say  the  nioT 
cannot  be  expended  if  appropriated,  and  thug 
the  first  of  January,  it  must  fall  into  the  sun 
fund  to  be  divided.    Of  the  bills  passed,  r. 
of  the  most  essential  character  have  been  dj 
ed  for  months,  to  the  great  injury  of  individi 
and  of  tho  puolic  service.    Clerks  and  salti 
ofBcers  have  been  borrowing  money  at  usun 
support  their  families,  while  we,  wholly  abJ 
ed  with  dividing  surpluses,  were  withholJ 
from  them  their  stipulated  wages.    LaborcJ 
Harper's   Ferry  Armory  have  been  witJ 
money  to  go  to  market  for  their  families,] 
some  have  lived  three  weeks  without 
because  we  must  attend  to  the  distribution  b 
before  we  can  attend  to  the  pay  bills.   Uisbi 
ing  officers  have  raised  money  on  their  oini| 
count,  to  supply  the  want  of  approprlatJ 
Even  the  annual  Indian  Annuity  Bill  has| 
just  got  through ;  the  Indians  even— the  i 
Indians,  as  they  were  wont  to  be  called- 
they  have  had  to  wait,  in  want  and  miserrj 
the  annual   stipends   solemnly  guarantiedl 
treaties.    All  this  has  already  taken  place  [ 
der  the  deplorable  influence  of  the  distribii| 
spirit. 

"  The  progress  which  the  distribution  ( 
has  made  in  advaancing  beyond  its  own  pre 
sions,  is  a  striking  feature  in  the  history  of| 
case,  and  ominous  of  what  may  be  expi 
from  its  future  exactions.    Originally  the  j 
position  was  to  divide  the  surplus.    It 
surplus,  and  nothing  but  the  surplus,  which  I 
to  be  taken ;  that  bona  fide  and  inevitable! 
plus  which  remained  after  all  the  defences  f 
provided  for,  and  all  needed  appropriations! 
made.    Now  the  defences  are  postponed  a 
cried ;  tho  needful  appropriations  are  rej« 
stinted,  and  deferred,  till  they  cannot  be  i 
and,  instead  of  the  surplus,  it  is  the  intd 
revenue,  it  is  the  money  in  the  Treasury, | 
tho  money  appropriated"  by  law,  which  is  K 


ANN'O  183«.    AM  F.EW  JACKSON',  rRMSIDEXT. 


65S 


ta  shillinp;  for  the  nnlnan» , , 
ing  the  empty  ranks  of  the  t\(U 
ng  for  the  now  Indian  ti^J 
he  conttnuatinn  of  the  CumhrHl 
ng  for  rebuilding  the  biimHl 
othing  for  the  custom-houwin!! 
thing  for  cxtinguiahinp  the  nrf 
jrporators  in  the  Louigville  cl 
that  great  thoroughfare  frw  trl 
■  the  West ;  nothini?  for  thn  w«,^ 
arsenals  in  the  States  which  b 
ng  for  the  extension  of  the  6k 
1  to  the  new  States  of  the  West] 
nothing  for  improving  the 
nothing   for  keeping   the  ml 
Lipplied  with    metals  for  cojnj 
the  new  marine  hospitals ;  noti 
nses  of  the  visitors  now  gone  tol 
cadcmy;  nothing  for  the  chain| 
ne  military  road  along  the  \\\ 
vestern  frontier.    All  these,  i 
other  objects,  remain  without »« 
5  and  those  who  have  kept  themj 
turn  upon  us,  and  say  the  mJ 
xpended  if  appropriated,  and  tha^ 
January,  it  must  fall  into  the  Bur| 
divided.    Of  the  bills  p8Bwd,m 
;  essential  character  have  been  dc| 
ths.  to  the  great  injury  of  individi 
public  service.    Clerks  and  salii 
e  been  borrowing  money  at  ueui} 
nt  families,  while  we,  wholly  iht 
ividing  surpluses,  were  withholl 
their  stipulated  wages.    Laboreii 
Perry  Armory  have  been  witU 
to  to  market  for  their  families.! 
lived  three  weeks  without  ml 
must  attend  to  the  distribution  i 
;an  attend  to  the  pay  bills.   IJistn 
have  raised  money  on  their  o» 
supply  the  want  of  appropriatij 
uinual  Indian  Annuity  Bill  \m\ 
trough;  the  Indians  even— the ] 
they  were  wont  to  be  called- 
had  to  wait,  in  want  and  miseryJ 
stipends   solemnly  guarantied! 
All  this  has  already  taken  place  [ 
)lorable  influence  of  the  distrik 

ogress  which  the  distribution  i 
n  advaancing  bej;ond  its  own  pn 
striking  feature  in  the  history  ofj 
Dminous  of  what  may  be  expel 
Lture  exactions.    Originally  the  1 
as  to  divide  the  surplus.   It^ 
td  nothing  but  the  surplus,  whidl 
n;  that  bona  fide  and  inevitablel 
»  remained  after  all  the  defences^ 
)r,  and  all  needed  appropriatiom 
)w  the  defences  are  postponcdaiiJ 
needful  appropriations  arc  rejei 
d  deferred,  till  they  cannot  be  u 
d  of  the  surplus,  it  is  the  int^ 
is  the  money  in  the  Trcasnry,| 
appropriated  by  law,  which  isi 


^4  npnn  ""'^  divided  out.    It  is  the  uncxpend- 

S^iiiices  which  arc  now  the  object  of  all  de- 

,  ml  the  priaj  of   me<litated   distribution. 

(woni  surplus  is  not  in  the  i;ill !  that  word, 

jfh  ha-s  fietircd  in  ho  many  speeches,  which 

,  (Ktn  the  subject  of  bo  much  speculation, 

jfli  hiv«  been  the  cause  of  go  miich  delusion 

Ui  public  mind,  and  of  so  much  excited  hope ; 

lipoid  is  not  in  the  bill!    It  is  carefully, 

Jiously.  systematically  excluded,  and  a  form 

[iipivssjon  ia  adopted  to  cover  all  the  money 

Itbt  Treasury,  a  small  sum  excepted,  although 

fl)priate'l  by  law  to  the  most  sacred  and 

(ssiry  objects.    A  recapture  of  the  appro- 

jiled  money  is  intended ;  and  thug  the  very 

Btical  money  which  we  appropriate  at  this 

Jon  is  to  bo  seized  upon  on  the  first  day  of 

fcir}',  torn  away  from  the  objects  to  which 

.J  dedicated,  and  absorbed  in  the  fund  for 

itnl  distribution.    And  why?  because  the 

lorant  appetite  of  distribution  grows  as  it 

1,  and  becomes  more  ravenous  os  it  gorges. 

lietout  for  the  surplus ;  now  it  takes  the  un- 

Klcd  balances,  save  five  millions ;  next  year 

11  take  all.    But  it  is  sufficient  to  contemplate 

kthin°:  as  it  is ;  it  is  sufficient  to  contemplate 

1  as  seizing  upon  the  unexpended  balances 

ftlie  first  day  of  January,  regardless  of  the 

ictj  to  which  they  are  appropriated ;  and  to 

its  effect  upon  the  laws,  the  policy,  and 

reiistence  of  the  federal  government. 

f  Such,  then,  is  the  progress  of  the  distribu- 

I spirit;  a  cormorant  appetite,  growing  as  it 

LruTeningas  it  gorges;  seizing  the  appro- 

1  moneys,  and  leaving  the  federal  govem- 

^tto  starve  upon  crumbs,  and  to  die  of  in- 

ion.  But  this  appetite  is  not  the  sole  cause 

Ithis  seizure.    There  is  another  reason  for  it, 

si  with  the  movements  in  this  chamber, 

||l)unded  in  the  deep-seated  law  of  self-pre- 

ition.   For  six  months  the  public  mind  has 

I  stimulated  with  the  stoiy  of  sixty  milliona 

mrplus  money  in  the  Trea.sury;  and  two 

ago,  the  grave  Senate  of  the  United 

!  carried  the  rash  joke  of  that  illusory 

[eration  so  far  as  to  pass  a  bill  to  commence 

Idistribution  of  that  vast  sum.    It  was  the 

which  was  to  do  it,  commencing  its 

|lling  dividends  on  the  1st  day  of  July,  deal- 

llem  out  every  ninety  days,  and  completing 

iplendid  distribution  of  prizes,  in  the  sixty- 

[  million  lottery,  in  eighteen  months  from 

nmmenccment  of  the  drawing.    It  was  two 

ago  that  we  passed  this  bill ;  and  all 

Ls  then  made  to  convince  the  people  that 

[rere  deluded,  were  vain  and  useless.  Sixty- 

I  millions  they  were   promised,  sixty-four 

ions  they  were  to  have,  sixty-four  millions 

jbegan  to  want ;  and  slates  and  pencils  were 

las  busy  then  in  figuring  out  the  dividends 

te  sixty-four  millions,  to  begin  on  the  1st 

|ilr,  as  they  now  are  in  figuring  out  the 

ris  under  the  forty,  fifty,  and  sixty  mil- 

Uhich  are  to  begin  on  the  Ist  of  January 

And  now  behold  the  end  of  the  first 


chapter.  The  l^t  of  July  i.«  como.  but  tin'  sixty- 
four  million.s  are  not  in  the  Tri-nsury !  It  "is 
not  there;  and  any  attempt  to  comniivico  the 
dLstribution  of  that  sum,  nrpf>rdiii!j  to  tlu> 
terms  of  the  land  bill,  wmild  Imnknipt  the 
Treasury,  stop  the  government,  ami  caiis»-  Con- 
gress to  l)c  called  topethor,  to  levy  taxes  or 
make  louns.  So  much  fur  the  Innd  bill,  which 
two  months  ago  received  all  the  praises  wliieli 
are  now  Iwstowed  upon  the  deposit  bill.  So 
the  drawing  had  to  be  postponed,  the  perform- 
ance had  to  be  wijoumi'd.  and  the  1st  of  Jan- 
uary was  substituted  for  the  Ist  of  July.  This 
gives  six  months  to  go  upon,  and  defers  the 
catastrophe  of  the  mount.iin  in  labor  until  tho 
presidential  election  is  over.  Still  the  first  cf 
Jamiary  must  come ;  and  the  ridicule  would  bo 
tJo  great,  if  there  was  nothing,  or  next  to  nf>- 
thing,  to  divide.  And  nothing,  or  next  to 
nothing,  there  would  be,  if  the  appropriations 
were  fairly  made,  and  made  in  time,  and  if 
nothing  but  a  surplus  was  left  to  divide.  There 
would  be  no  more  in  the  deposit  b.ink,  in  that 
event,  than  has  usually  been  in  the  Bank  of  tho 
United  States — say  ten,  or  twelve,  or  fourteen, 
or  sixteen  millions;  and  from  which,  in  the 
hands  of  a  single  bank,  none  of  tho.se  dangers 
to  the  country  were  then  seen  which  arc  now 
discovered  in  like  sums  in  three  dozen  tmcon- 
nected  and  independent  banks.  Even  after  all 
the  delays  and  reductions  in  the  appropriations, 
the  surplus  will  now  be  but  a  trifle — such  a 
trifle  as  must  expose  to  ridicule,  or  something 
worse,  all  those  who  have  tantalized  the  public 
with  the  expectation  of  forty,  fifty,  or  sixty 
millions  to  divide.  To  avoid  this  fate,  and  to 
make  up  something  for  distribution,  then,  the 
unexpended  balances  have  been  fallen  upon ; 
the  law  of  1795  is  nullified ;  tho  fiscal  year  is 
changed ;  the  policy  of  the  government  subvert- 
ed ;  rea-son,  justice,  propriety  outraged ;  all  con- 
tracts, labor,  service,  salaries  cut  off,  interrupted, 
or  reduced ;  appropriations  recaptured,  and  the 
government  paralyzed.  Sir,  the  people  are  de- 
ceived ;  they  are  made  to  believe  thjt  a  surplus 
only,  an  unavoidable  surplus,  is  to  be  divided, 
when  the  fact  is  that  appropriated  moneys  are 
to  be  Leized. 

"Sir,  I  am  opposed  to  the  whole  policy  of 
this  measure.  1  am  opposed  to  it  as  going  to 
sap  tho  foundations  of  the  Federal  Government, 
and  to  undo  tho  constitution,  and  that  by  eva- 
sion, in  the  very  point  for  which  the  constitu- 
tion was  made.  What  is  that  point?  A 
Treasury  I  a  Treasury  !  a  Treasury  of  its  own, 
unconnected  with,  and  independent  of  the  States. 
It  was  for  this  that  wise  and  patriotic  men 
wrote,  and  spoke,  and  prayed  for  the  fourteen 
years  that  intervened  from  tho  declaration  of 
mdependence,  in  1776,  to  the  formation  of  tho 
constitution  in  1789.  It  was  for  this  that  so 
many  appeals  were  made,  so  many  ctlbrts  ex- 
erted, 80  many  fruitless  attempts  so  long  re- 
peated, to  obtain  from  the  States  the  power  of 
i  raising  revenue  from  imports.    It  was  for  this 


'J56 


TIIIUTV  YEAIW  VIEW. 


11  ,- 


that  tho  convention  of  1787  met,  and  but  for 
this  tliey  never  would  iiave  met.  The  forma- 
tion of  a  re(]eral  treasury,  unconnected  with  the 
States,  and  indepencnt  of  ttio  States,  was  the 
cause  of  the  meeting  of  that  convention  ;  it  was 
tiic  great  (>l)Ject  of  its  labors ;  it  w&s  the  poin't 
to  wiiich  all  its  exertions  tended,  and  it  was  tho 
point  at  which  failure  would  have  been  the  fail- 
ure of  the  whole  object  of  the  meeting,  of  the 
whole  frame  of  the  general  government,  and  of 
the  whole  design  of  tho  constitution.  AV'ith  in- 
finite labor,  pains,  and  difficulty,  they  succeeded 
in  erecting  the  edifice  of  the  federal  treasury ;  we, 
not  builders,  but  destroyers,  "architects  of 
ruin,"  undo  in  a  night  what  they  accomplished  in 
many  years.  We  expunge  tho  federal  treasury ; 
we  throw  the  fedenfl  government  back  upon 
States  for  Bupplic.s  ;  we  unhinge  and  undo  l.ie 
constitution ;  and  we  effect  our  purpose  by  an 
artifice  which  derides,  mocks,  ridicules  that 
sacred  instrument,  and  opens  tho  way  to  its 
perjHJtual  evasion  by  every  paltry  performer 
that  is  able  to  dethrone  one  word,  and  exalt 
another  in  its  place. 

"I  object  to  tho  time  for  another  reason. 
There  is  no  necessity  to  act  at  all  upon  this 
subject,  at  this  session  of  Congress.  The  dis- 
tribution is  not  to  take  effect  until  after  we  are 
in  session  again,  and  when  the  true  sts  te  of  the 
treasury  shall  be  known.  Its  true  state  cannot 
bo  known  now ;  but  enough  is  known  to  make 
it  questionable  whether  there  will  be  any  sur- 
plus, requiring  a  specific  disposition,  over  and 
beyond  the  wants  of  the  country.  Many  ap- 
propriations are  yet  behind ;  two  Indian  wars 
are  yet  to  be  finished ;  when  tho  wars  are  over, 
the  vanquished  Indians  are  to  be  removed  to 
the  West ;  and  when  there,  either  the  Federal 
Government  or  the  States  must  raise  a  force  to 
protect  the  people  from  them.  Twenty-five  thou- 
sand Creeks,  seven  thousand  Seminoles,  eigh- 
teen thousand  Cherokees,  and  others,  making  a 
totality  of  seventy-two  thousand,  are  to  be  re- 
moved ;  and  the  expenses  of  removal,  and  the 
year's  subsistence  afterwards,  is  close  upon 
seventy  dollars  per  head.  It  is  a  problem 
whether  there  will  be  any  surplus  worth  dis- 
posing of.  The  surplus  party  themselves  admit 
there  will  be  a  disappointment  unless  they  go 
beyond  the  surplus,  and  seize  the  appropriated 
moneys.  Tho  Senator  from  New-York  [Mr. 
Wright],  has  made  an  exposition,  as  candid  and 
perspicuous  as  it  is  patriotic  and  unanswerable, 
showing  that  there  will  be  an  excess  of  appro- 
priations over  the  money  in  the  treasury  on 
the  day  that  wo  adjourn;  and  that  we  shall 
have  to  depend  upon  the  accruing  revenue 
of  the  remainder  of  the  year  to  meet  the  de- 
mands which  we  authorize.  This  is  the  state 
of  the  surplus  question :  problematical,  debata- 
ble ;  tho  weight  of  the  evidence  and  the  strength 
of  the  argument  entirely  against  it;  time 
enough  to  ascertain  the  truth,  and  yet  a  deter- 
mination to  reject  all  evidence,  refuse  all  time, 
iudli  on  to  the  object,  and  divide  the  money, 


cost  what  it  may  to  the  constitution  ^l^, 
crnment,  the  good  of  the  States,  and  the  t,' 
of  elections.    Tho  catastrophe  of  the  lajj'i' 
project  ought  certainly  to  be  a  warnin'  i„ 
Two  months  ago  it  was  pushed  tlirouifl, 
tho  only  means  of  saving  tho  country,  a, 
blessed  act  which  was  to  save  the  republic 
was  to  commence  on  the  first  day  of  July 
magnificent  operations  of  distributing 
four  millions ;  now  it  lies  a  corpse  in  tiie  1|< 
of  lleprcsentativcs,  a  monument  of  liaet« 
folly,  its  very  authors  endeavoring  to  mi 
sede  it  by  another  measure,  because  it  c, 
not  take  effect  without  ruining  the  count 
and,  what  is  equally  important  to  them  rui 
themselves. 

"  Admitting  that  the  year  produces  more 
venue  than  is  wanting,  is  it  wise,  is  it  sti 
manlike,  is  it  consonant  with  our  cxpcriei 
to  take  fright  at  the  event,  and  throv 
money  away  ?    Did  we  not  have  forty  mil] 
of  income  in  the  year  1817  ?  and  did  wc 
have  an  empty  treasury  in  1819  ?  Instead  of 
ing  fright  and  throwing  the  money  awar 
statesman  should  look  into  the  cause  of  thL 
be  should  take  for  his  motto  the  prayer 
Virgil:    Cognoscere  causa  rerum.    Let 
know  the  cause  of  things ;  and,  lea-ning 
cause,  act  accordingly.    If  the  redundant 
ply  is  accidental  and  transient,  it  will  quii 
correct  itself;  if  founded  in  laws,  alter  \[ 
This  is  the  part  not  merely  of  wisdom,  bu 
common  sense :  it  was  the  conduct  of  1 
when  the  excessive  supply  was  seen  tu  fce 
effect  of  transient  causes — termination  of 
war  and  efflorescence  of  the  paper  system 
left  to  correct  itself,  which  it  did  in  twovi 
It  should  be  tho  conduct  now,  when  the  w 
sive  income  is  seen  to  be  the  effect  of  the 
and  the  paper  system  combined,  and  when  li 
lation  or  regulation  is  necessary  to  corrc 
Reduction  of  the  tariff;  reduction  of  the 
of  land  to  actual  settlers ;  rejection  of 
paper  from  universal  receivability  for  pi 
dues ;  these  are  the  remedies.    After  all, 
whole  evil  may  be  found  in  a  single  cause! 
the  whole  remedy  may  be  seen  in  a  single 
sure.    The  public  lands  are  exchangeabli 
paper.    Seven  hundred  and  fifty  machmejj 
at  work  striking  off  paper ;  that  paper  is 
forming  the  grand  rounds,  from  the  bani 
the  public  lands,  and  from  the  lands  to 
banks.    Every  body,  especially  a  public 
may  take  as  much  as  his  trunks  can  i 
The  public  domain  is  changing  into  paper;] 
public  treasury  is  filling  up  with  paper 
new  States  are  deluged  with  paper;  thecui 
is  ruining  with  paper ;  farmers,  settlers, 
vators,  are  outbid,  deprived  of  their  sel 
homes,  or  made  to  pay  double  for  then 
public  men  loaded,  not  like  Philip's  ass, 
bags  of  gold,  but  like  bank  advocates, 
bales  of  paper.   Sir,  the  evil  is  in  the  unf 
state  of  the  paper  system,  and  m  the  unci 
receivability  of  paper  for  federal  dues.  Ill 


AJfSO  18^.5.     ANDREW  JACKSON    I'KIMDKNT. 


C57 


lay  to  the  constitution,  the 
^ood  of  the  States,  iiml  tlit  purl 

Tho  catastrophe  of  the  laul 
certainly  to  be  a  warnin;,  lo  i 

ago  it  was  pushed  throucli. 
ns  of  saving  tho  country,  i,  i 
hich  was  to  save  the  rcpubiir, 
encc  on  tho  first  day  of  Julyj 
operations  of   distributing  ni^ 
•  now  it  lies  a  corpse  in  tlie  lid 
atives,  a  monument  of  liaete  i 
ry  authors  endeavoring  to  mi 
nother  measure,  because  it  cJ 
ect  without  ruining  the  count! 

equally  important  tolhcin,ruiii 

n"  that  the  year  produces  more 
is" wanting,  is  it  wise,  is  it  sti 

it  consonant  with  our  cxpcru 
ijrht  at  the  event,  and  throw 
V 1  Did  we  not  have  forty  niillij 
n  the  year  1817  ?  and  did  vrc 
Btv  treasury  in  18191  Instcadot 
[nd  throwing  tho  money  away, 
should  look  into  tho  cause  of  thii 

take  for  his  motto  the  prayer] 
'osnoscere  causa  rerum.    Ut 

cause  of  things ;  and,  leaTuns 
accordingly.    If  the  redundant 
idental  and  transient,  it  wi  1  qui 
elf-  if  founded  in  laws,  altor 
,e  part  not  merely  of  wisdom,  b, 
sense :  it  was  the  conduct  of  1 

excessive  supply  was  seen  to  h 
transient  causes-termination  oil 
fflorescenco  of  the  paper  system- 

rectitself,  which  It  did  m  two  y 

betho  conduct  now,  when  he  e: 

„e  is  seen  to  be  the  effect  of  the 
ner  system  combined,  andwhenli 

Elation  is  necessary  to  corret 
of  the  tariff;  reduction  of  the 

0  actual  settlers ;  rejection  of 
universal  receivabihty  for  pi 

so  are  the  remedies.    After  all,] 

1  may  be  found  in  a  single  cause, 
remedy  may  be  seen  in  a  stngk 

B  public  lands  are  exchanp;abl( 
even  hundred  and  fifty  machmes 
tiling  off  paper;  that  paFris,' 
he  -^rand  rounds,  from 

lands,  and  from  the  lands  t,] 
very  body,  especially  a  publn 
i  much  as  his  trunks  can 
,ic  domain  is  changmg  into  pa^j 
easury  is  fiUmg  up 


with  pap«r 
IPS  arc''deluged  with  paper;  the 
'^Th  pap'er;  farmers  sette 
.re  outbid,  deprived  of  their  sel 
made  to  P^F  .J^'^We  ^^^r  th. 
en  loaded,  not  like  Philip*  f^ 
told  but  like  bank  advocate^ 
S  Sir,  the  evil  is  in  the  un 
KperBV8tem,andmthmc 
lity  ofpapcr  for  federal  dues.  U( 


jil.    Banks  arc  our  masters ;  not  one,  but 
'  hundred  and  fifty !   and  this  splendid 
f»l  Conpress,  like  a  chained  and  chastised 
„  lies  helpless  and  powerless  at  their  feet 
^if  I  can  see  nothing  but  evil,  turn  on 
h  fide  I  may,  from  this  fatal  scheme  of  di- 
le  money ;  riot  fiurj'lus  money,  but  appro- 
1^1  funds  J  not  by  an  amendment,  but  hy  a 
j„ry  evasion  of  the  constitution.  Where  is  it 
"Lit  History  shows  us  that  those  who  begin 
olutions  never  end  them ;  that  those  who  com- 
rtice  innovations  never  limit  them.     Hero  is 
fllat  innovation,  constituting  in  reality— not 
iVure  of  speech,  but  in  reality— a  revolution 
Reform  <>f  our  government.    We  set  out  to 
ide  tho  surplus ;  wo  are  now  dividing  the 
ipriatcd  funds.     To  prevent  all  appropria- 
cxccpt  to  the  powerful  States,  will  be  the 
,,ftep;  and  the  small  States,  in  self-defence, 
I't  oppose  all  appropriations,  and  go  for  a  di- 
jn  of  the  whole.    They  will  have  to  stand 
■thcr  in  the  Senate,  and  oppose  all  appropria- 
I   It  will  not  do  for  the  large  States  to 
all  the  appropriations  first,  and  the  bulk 
'itt  distribution  afterwards ;  and  there  will 
noway  to  prevent  it  but  to  refuse  all  appro- 
is  divide  out  the    money  among   the 
„  and  let  each  State  lay  it  out  for  itself. 
m  surplus  party  will  supersede  tho  present 
ilus  party,  as  successive  factions  supersede 
other  in  chaotic  revolutions.     They  wrill 
.Congress  tho  quaatoroi  provinces,  to  col- 
money  for  the  States  to  administer.    This 
be  their  argument :  the  States  know  best 
.tthey  need,  and  can  lay  out  the  money  to 
lest  advantage,  and  to  suit  themselves.  One 
>  will  want  roads  and  no  canals ;  another 
Is  and  no  roads ;  one  will  want  forts,  an- 
;ioops ;  one  wants  ships,  another  steam- 
one  wants  high  schools,  another  low 
A, ;  one  is  for  the  useful  arts,  another  is 
[the  fine  arts,  for  lyceums,  athenaeums,  muse- 
arts,  statuary,  painting,  music ;  and  the 
!r  Stote  will  want  all  for  banks.    Thus  will 
go  on,  and  Congress  will  have  no  appro- 
ion  to  make,  except  to  the  President,  and 
id  clerks,  and  their  under  clerks.    Even 
own  pay,  like  it  was  under  the  confedera- 
may  be  remitted  to  our  ovra  States.    The 
dollars  a  day  may  be  voted  to  them,  and 
jrted  by  the  argument  that  they  can  get 
I  men  for  four  dollars  a  day ;  and  so  save 
the  money,  and  have  the  work  better  done. 
is  the  progress  in  this  road  to  ruin.    Sir, 
of  this  measure,  as  I  said  of  its  progeni- 
je  land  bill:  if  I  could  be  willing  to  let 
[pass,  that  good  might  come  of  it,  I  should 
ling  to  let  this  bill  pass.    A  i-ecoil,  a  reao- 
a  revulsion  must  take  place.    Thie  con- 
y  cannot  go  to  ruin.    This  Union  has  a 
in  the  hearts  of  the  people  which  will  save 
nullification  in  disguise,  as  well  as  from 
ication  in  arms.    One  word  of  myself.    It 
ten  years  since  schemes  of  distribution 
broached  upon  this  floor.     They  began 
Vol.  I.— 42 


with  a  senator  fmm  New .lersey,  now Si-ontary 
of  the  navy  (Mr.  Dickerwii).  Tlity  were 
denounced  by  many,  for  their  uncon.-titutioniil- 
itv,  their  corniptiirj;  temlineies,  and  tlieir  fatal 
cnects  upon  the  federal  and  State  govinunents. 
I  took  iiiv  liosition  then,  have  stoiMl  u|M)n  it 
during  all  the  luod^tlcations  of  the  original 
scheme ;  and  continue  standing  utwi  it  now. 
My  answer  then  was,  pay  the  public  debt  an(i 
reduce  the  taxes ;  my  answer  now  is,  provide 
for  the  public  defences,  reduce  the  taxes,  and 
bridle  tho  paper  system.  On  this  pTound  I 
have  stood — on  this  I  stand ;  and  never  did  I 
feel  more  satisfaction  and  more  exultation  in 
my  vote,  when  triumphant  in  numbers,  than  I 
now  do  in  u  minority  of  six." 


The  bill  went  to  the  House,  and  was  concurred 
in  by  a  large  majority — one  hundred  and  fifty- 
five  to  thirty-eight — although,  under  tho  name 
of  distribution,  there  was  no  chance  for  it  to 
pass  that  House.  Deeming  tho  opposition  of 
this  small  minority  courageous  as  well  as  meri 
toriouB,  and  deserving  to  be  held  in  honorable 
remembrance,  their  names  are  here  set  down  ; 
to  wit : 

Messrs.  Michael  W.  Ash,  James  M.  H.  Beale, 
Bcnning  AI.  Bean,  Andrew  Beaumont,  John  W. 
Brown,  Robert  Burns,  John  F.  H.  Claiborne, 
Walter  Coles,  Samuel  Cushman,  George  C. 
Dromgoole,  John  Fairfield,  William  K.  Fuller, 
Ransom  H.  Gillet,  Joseph  Hall,  Thomas  L, 
Hamer,  Leonard  Jarvis,  Cave  Johnson,  Gerrit 
Y.  Lansing,  Gideon  Lee,  George  Loyall,  Abijah 
Mann,  jr.,  John  Y.  Mason,  James  J.  McKay, 
John  Mckeon,  Isaac  McKiin,  Gorham  Parks, 
Franklin  Pierce,  Henry  L.  Pinckney,  John 
Roane,  James  Rogers,  Nicholas  Sickles,  William 
Taylor,  Francis  Thomas,  Joel  Turrill,  Aaron 
Vanderpoel,  Aaron  Ward,  Daniel  Wardwell, 
Henry  A.  Wise. 

The  bill  passed  the  House,  and  was  approved 
by  tho  President,  but  with  a  repugnance  of  fool- 
ing, and  a  recoil  of  judgment,  which  it  required 
great  efforts  of  friends  to  overcome ;  and  with 
a  regret  for  it  afterwards  which  he  often  and 
publicly  expressed.  It  was  a  grief  that  his 
name  was  seen  to  such  an  act.  It  was  a  most 
unfortunate  act,  a  plain  evasion  of  tho  constitu- 
tion for  a  bad  purpose — soon  gave  a  sad  over- 
throw to  the  democracy— and  disappomted  every 
calculation  made  upon  it.  Politically,  it  was  no 
advantage  to  its  numerous  and  emulous  support" 
ers — of  no  disservice  to  its  few  determined  oppo- 
nents—only four  in  number,  in  tho  Senate,  the 
two  senators  from  Mississippi  voting  against  U, 
for  reasons  found  in  the  constitutioa  of  their 


eM 


THIRTY  YEARS'  VIEW. 


Stato.  To  tlio  States,  it  was  of  no  odvantage, 
raising  expoctationH  whirh  were  not  fulfilled, 
and  upon  which  many  of  them  acted  aa  realities, 
and  commenced  enterprises  to  which  they  were 
inadequate.  It  was  understood  that  some  of 
Mr.  Van  Duren's  friends  favored  the  President's 
approval,  and  recommcndcfl  him  to  sign  it — in- 
duced by  the  supposetl  effect  which  its  rejection 
might  have  on  the  democratic  party  in  the  elec- 
tion. The  opponents  of  the  bill  did  not  visit 
the  President  t  giye  him  their  opinions,  nor 
had  ho  heard  their  arguments.  If  they  had 
seen  him,  their  opinions  concurring  with  his 
own  feelings  and  judgment,  his  conduct  might 
have  been  different,  and  the  approval  of  the  act 
withheld.  It  might  not  have  prevented  the  act 
from  becoming  a  law,  as  two  thirds  in  each 
Iloufie  might  have  been  found  to  support  it; 
but  it  would  have  deprived  the  bill  of  the 
odor  of  his  name,  and  saved  himself  from  sub- 
sequent regrets.  In  a  party  point  of  view,  it 
was  the  commencement  of  calamities,  being  an 
efficient  cause  in  that  general  suspension  of 
(ipecio  payments,  which  quickly  occurred,  and 
brought  so  much  embarrassment  on  the  Van 
Burcn  administration,  ending  in  the  great  demo- 
cratic defeat  of  1840.    But  of  this  hereafter. 


CHAPTER    CXLIII. 

BECnARTEft  OP  THE  DISTRICT  BANKS— SPEECH 
OF  MB.  BbNTON:  THE  PARTS  OF  LOCAL  AND 
TEMPOEAB\  INTEREST  OMITTED. 

"  Mr.  Benton  rose  to  oppose  the  passage  of  the 
bill,  notwithstanding  it  was  at  the  third  read- 
ing, and  that  it  was  not  usual  to  continue  oppo- 
sition, which  seemed  to  be  useless,  at  that  late 
stage.  But  there  were  occasions  when  he  never 
took  such  things  into  calculation,  and  when  he 
continued  to  resist  pernicious  measures,  regard- 
less of  common  usages,  as  long  as  the  ^orms  of 
parliamentary  proceeding  would  allow  him  to 
go  on.  Thus  he  had  acted  at  the  passing  of  the 
United  States  Bank  charter,  in  1832 ;  thus  he 
did  at  the  passing  of  the  resolution  against  Pre- 
sident Jackson,  in  1834 ;  and  thus  he  did  at  the 
passing  of  the  famous  land  bill,  at  the  present 
Fession.  He  bad  continued  to  speak  against  all 
these  measures,  long  after  speaking  seemed  to 


be  of  any  avail ;  and,  for  from  rcj^rcttinp,  hf  [ 
reason  to  rejoice  at  the  course  that  lie  haii  t,.^ 
sued.     The  event  proved  him  to  be  riglit  •  fJ 
all  these  measures,  though  iluatc(l  tliruuch  tLi 
chamber  upon  the  swelling  wave  of  a  n^LM* 
and  impatient  majority,  had  quickly  nm  \U 
brief  career.    Their  day  of  triumph  had  U 
short.     The  bank  charter  perished  at  the  fj 
general  election ;  the  condemnatory  resolmJ 
was  received  by  the  continent  in  a  ttnipc.st  i 
execration  ;  and  the  land  bill,  that  \aH  her*) 
expiring  party,  has  dropped  an  abortion  frj 
the  Senate.    It  is  dead  even  here,  in  tliis  c!u 
ber,  where  it  originated — where  it  was  once  I 
omnipotent  that,  to  speak  against  it,  wan  iixa 
by  some  to  be  an  idle  consumption  of  time,  a 
by  othei-s  to  be  an  unparliamentary  dcnior.iij 
tion  against  the  ascertained  will  of  the  IIoqi 
Yet,  that  land  bill  is  finished.    That  brief  ( 
die  is  out.    The  Senate  has  revoked  that  lij 
has  retracted,  recanted,  and  sung  its  paliu 
over  that  unfortunate  conception.    It  haa  ( 
out  a  committee — an  extniordinary  coDnnitj 
of  nine — to  devise  some  otler  scheme  for  M 
ing  that  same  money  which  the  land  bill  diriiil 
and,  in  doing  so,  the  Senate  has  authcntia 
declared  a  change  of  opinion,  and  a  rcTociti 
of  its  sentiments  in  favor  of  that  bill.   Thui 
has  happened,  in  recent  and  signal  casc$,  i 
by  contmuing  the  contest  after  the  battle  s(«i| 
to  be  lost,  the  battle  was  in  fact  gained;  i 
it  may  be  again.  _  These  charters  may  yet  | 
defeated ;  and  whether  they  will  be  or  not] 
nothing  to  me.    I  believe  them  to  be  wra 
greatly,  immeasurably  wrong  ! — and  shall  ( 
tinue  to  oppose  them  without  regard  to  den 
tions,  or  consequences,  until  the  rules  of  |i 
liamentary  proceeding  shall  put  an  end  toj 
contest.    Mr.  B.  said  he  had  moved  for  a  s 
committee,  at  the  commencement  of  the  ses 
to  examine  into  the  condition  of  these 
and  he  had  done  so  with  no  other  object  t 
to  endeavor  to  provide  some  checks  and  | 
for  the  security  of  the  country  against  the  abi 
and  excesses  of  the  paper  system.    The  si 
committee  had  not  been  raised.    The  i 
Committee  on  the  District  of  Columbia  hidlj 
charged  with  the  subject ;  and,  seeing  thatil 
had  made  a  report  adverse  to  his  opinions.! 
brought  lu  u  ^'11  which  he  could  not  erjicf 
y^  would  be  his  part  to  act  upon  the  nej 
materials  which  had  been  placed  before  tliel 


ANNO  183fl.     ANDREW  JACKSON',  riir,sir>F;NT. 


C59 


;  and,  for  from  reprcttinir.  he  L^ 
ce  at  the  coiirfio  that  he  hail  j,]. 
cnt  proved  him  to  be  riglit;  'A 
urcs,  though  floatc«l  tliroufh  tj 
the  swcHing  wave  of  a  mmu 
majority,  had  quickly  nin  tl«| 
Their  day  of  triumph  lad  U 
)ank  charter  perished  at  tlie  £i] 
on  ;  the  condemnatory  rcsoluii( 
by  the  continent  in  a  ttmpcst  ( 
md  the  land  bill,  that  last  hci*( 
ty  has  dropped  an  abortion  in 
It  is  dead  even  here,  in  tliis  ck 
originated — where  ii  was  once 
hat,  to  Bpcak  against  it,  wasdwi 
le  an  idle  consumption  of  time, 
be  an  unparliamentary  dcmor.a 
the  ascertained  will  of  tlie  llo 
id  bill  is  finished.    That  brief 
The  Senate  has  revoked  thatli 
d,  recanted,  and  sung  its  palii 
ifortunate  conception.    It  has  s 
[jittee — an  cxtriiordinary  commii 
devise  some  other  scheme  for  4 
tto  money  which  the  land  bill  divii 
ig  so,  the  Senate  has  authentic 
change  of  opinion,  and  a  rcvowi 
nents  in  favor  of  that  bill.  Tb 
ed,  in  recent  and  signal  cases 
ig  the  contest  after  the  battle  scei 
the  battle  was  in  fact  gainfld;  a 
again.  .These  charters  may  yet 
md  whether  they  will  he  or  nol 
me.    I  believe  them  to  be  vrra 
measurably  wrong  '.—and  shall 
pose  them  without  regard  to  cali 
onsequences,  until  the  rules  of 
proceeding  shall  put  an  end  to 
Ir.  B.  said  he  had  moved  for  a  - 
at  the  commencement  of  the  s 
into  the  condition  of  these 
d  done  so  with  no  other  object 
r  to  provide  some  checks  and  g 
arity  of  the  country  against  the  al 
ea  of  the  paper  system.   The 
had  not  been  raised.    The  st: 
,  on  the  District  of  Columbia  had 
ith  the  subject ;  and,  seeing  that 
a  report  adverse  to  his  opinions 
^  v;ii  which  he  could  not  erjif 
—e"  his  part  to  act  upon  the 
which  had  been  placed  before  the 


L  inj  endeavor  to  accomplish  an  a  member  of 
Ltbody,  what  could  have  l)een  attempted,  with 
Lrtter  prospect?  of  oucress,  as  a  member  of  a  I 
Lnraittce  which  had  had  the  management  of  ' 
llbe  subject. 

Mr.  B.  said  lie  had  wished  to  have  been  on 
iielert  committee  for  the  charter  of  these  banks ; 
wished  to  have  revived  the  idea  of  a  bank 
ithoat  circulation,  and  to  have  disconnected 
^rernment  from  the  banking  of  the  district. 
]( had  failed  in  his  attempt  to  raise  such  a 
jmittce;  and,  as  an  individual  member  of 
Senate,  he  could  now  do  no  more  than  men- 
inn  in  debate  the  ideas  which  ho  would  have 
to  have  ripened  into  legislation  through 
I  instrumentality  of  a  committee. 
■Mr.  B.  said  he  had  demonstrated  that  no 
ik  of  circulation  ought  to  be  authorized  in 
district ;  and,  he  would  add,  that  none  to 
lish  currency,  except  of  large  notes,  ought 
be  authorized  any  where ;  yet  what  are  we 
(ing?   We  are  breeding  six  little  corporations 
libirth,  to  issue  $2,250,000  of  paper  r-'rrency : 
on  what  terms  ?    No  bonus ;  no  tax  on  the 
itjl;noneon  the  circulation  ;  no  reduction 
interest  in  lieu  of  bonus  or  tax ;  no  specie 
what  the  stockholders  please  to  put  in  ;  and 
liability  on  the  part  of  the  stockholders  for  a 
lore  of  these  corporations  to  redeem  their 
and  pay  their  debts.    This  is  what  we  are 
Ug;  and  now  let  us  see  what  burdens  and 
pes  these  six  corporations  will  impose  upon 
e  business  part  of  the  community — the  pro- 
rtive  classes  among  which  they  aie  to  be  per- 
lated.    First,  there  is  the  support  of  these 
[corporation  governments}  for  every  bank 
ist  have  a  government,  like  a  State  or  king- 
D;ind  the  persons  who  administer  these 
loration  governments  must  be  paid,  and  paid 
|the  people,  and  that  according  to  the  rates 
by  themselves  and  not  by  the  people. 
Ith  of  these  six  banks  must  have  its  president, 
Ihier,  clerks,  and  messengers ;  its  notary  pub- 
|to protest  notes;  and  its  attorney  to  bring 
The  aggregate  salaries,  fees,  and  perqui- 
^  of  all  these  officers  of  the  six  banks  will 
Ithe  first  tax  on  the  people.    Next  comes  the 
ifits  to  the  stockholders.    The  nett  profits 
are  usually  eight  to  ten  per  cent,  at 
Knt;  the  gross  profits  are  several  per  cent. 
e;  and  the  gross  profits  are  what  the  people 
.^Bsuming  the  gross  profits  to  be  twelve 


per  cent.,  and  the  annual  levy  upon  the  rnm- 
munity  will  »»c  alwiit  S-'t'if^oo.  Tho  thini  I(.s« 
to  the  community  will  Ik>  on  tho  flurttintirmx  of 
prices  of  Inljor  nnd  pntiH-rfy,  and  the  rise  nii-l 
fall  of  stocks,  from  the  i-xpanxions  anrl  conti-wv 
fions  of  currency,  produred  by  making  moncv 
plenty  or  scarce,  as  it  suits  the  interost  of  t'  c 
bank  managers.  This  item  cannot  Ik-  calculatti'. 
and  depends  entirely  upon  the  moderation  and 
consciences  of  the  Neptunes  who  preside  over 
tho  flux  and  reflux  of  the  paper  ocean;  nnd  to 
whopr  all  tides,  whether  of  chb  or  f!ow,  and  all 
conditions  of  the  sea,  whether  of  calm  or  storm, 
are  equally  welcome,  equal  1/  auspicious,  nnd 
equally  productive.  Then  come  three  otlu  r 
heads  of  loss  to  the  community,  and  of  profit  to 
the  bank :  loss  of  notes  from  wear  and  tear,  coun- 
terfeits imposed  upon  the  people  for  good  notes, 
and  good  notes  rejected  by  tho  banks  for  coun- 
terfeits ;  and  then  the  loss  to  the  holders  from 
the  stoppage  and  failure  of  banks,  and  tho  shnv 
ing  in  «f  notes  and  stocks.  Such  are  the  bur 
dens  and  taxes  to  be  imposed  upon  the  pcoplo 
to  give  them  a  paper  currency,  when,  if  the  piqier 
currency  were  kept  away,  and  only  large  notes 
used,  as  in  France,  they  would  have  a  gold  and 
silver  currency  without  paying  a  tax  to  any  body 
for  it,  and  without  being  subject  to  any  of  tho 
frightful  evils  resulting  from  the  paper  system. 

"Objecting  to  all  banks  of  circulation,  but 
not  able  to  suppress  them  entirely,  Mr.  B.  su}:- 
gested  some  ameliorations  in  the  charters  pro- 
posed to  be  granted  to  render  them  less  dan- 
gerous to  the  communitj'.  1.  The  liability  of 
tho  stockholders  for  all  the  debts  of  the  institu- 
tion, as  in  the  Scottish  banks.  2.  The  bank 
stock  to  be  subject  to  taxation,  like  other  pro- 
perty. 3.  Tg  issue  or  receive  no  note  of  less 
than  twenty  dollars.  4.  The  charters  to  be 
repealable  at  tho  will  of  Congress  :  and  he  gave 
reasons  for  each  of  these  improvements ;  and 
first  for  the  liability  of  the  stockholders.  lie 
said: 

"  Reasons  for  this  liability  were  strong  and 
palpable.  A  man  that  owes  should  pay  while 
he  has  property  to  pay  with ;  and  it  is  iniquitous 
and  unjustifiable  that  a  bank  director,  or  stock- 
holder, should  riot  in  wealth  while  the  business 
part  of  the  community  should  hold  tho  bank 
notes  which  they  have  put  into  circulation,  and 
be  able  to  get  nothing  for  them  after  the  hank 
had  closed  its  doors.    Such  exemptions  are  <jon« 


660 


TimiTV  YKAIW  VIEW. 


h 


trury  to  t)iu  righu  of  t)ic  coiiitnnnity,  and  uno 
of  thu  KTi'ttt  caiiHi'M  of  the  failure  of  Itanka.  A 
lial>ility  in  the  fltockbrokLMR  iM  one  of  the  beat 
BfciiriticH  whii-h  the  public  can  have  fur  the  cor- 
rect niano^i-nicnt  and  Kulvency  of  the  inHtitution. 
'i  lie  funuiua  Scotlit>h  bankH,  wiiich,  in  upwards 
of  one  hundred  yeare'  operations,  had  neither 
(Mice  convulsed  the  country  with  contractions 
biid  expansiona,  nor  once  Htvp|M}d  payment,  were 
couKtituted  upon  tliia  principle.  All  the  country 
banks  in  Kn|;land,  and  all  the  bankers  on  the 
continent  of  Kuropo,  were  liable  to  a  still  greater 
degree ;  for  in  them  each  stockholder,  or  part- 
ner, was  liable,  individually,  for  the  whole 
amount  of  the  debts  of  the  bank.  The  principle 
proposed  to  bo  incorporated  in  those  charters 
strikes  the  just  medium  between  tho  common 
\a\v  principle,  which  makes  each  partner  liable 
for  tho  whole  debts  of  the  firm ;  and  tho  corpo- 
ration principle  in  tho  United  States,  which 
absolves  each  from  all  liability,  and  leaves 
tho  penniless  and  soulless  carcase  of  a  defunct 
and  eviscerated  bank  alone  responsible  to  tho 
community.  Liability  to  tho  amount  of  the 
stock  was  an  equitable  principle,  and  with  sum- 
mary process  for  tho  recovery  of  the  amounts 
of  notes  and  deposits,  and  the  invalidity  of 
transfers  of  stock  to  avoid  this  liability,  would 
be  found  a  good  remedy  for  a  great  evil.  If  the 
stockholders  in  the  three  banks  which  stopped 
payment  in  this  city  during  the  panic  scskIod 
had  been  thus  liable,  the  notes  would  not  have 
been  shaved  out  of  the  hands  of  the  holders ;  if 
the  bank  which  stopped  in  Batimore  at  the  same 
time,  had  been  subject  to  this  principle,  tho  riots, 
which  have  afflicted  that  city  in  consequence  of 
that  stoppage,  would  not  have  taken  place. 
Instead  of  these  losses  and  riots,  law  and  remedy 
would  have  prevailed ;  every  stockholder  would 
have  been  summoned  before  a  justice  of  the 
peace— judgment  granted  against  him  on  motion 
— for  the  amount  held  by  the  complainant ;  and 
BO  on,  until  all  were  paid,  or  he  could  plead  that 
he  had  paid  up  the  whole  amount  of  hia  stock." 
The  evil  of  small  notes  he  classed  under  three 
general  heads:  1.  The  banishment  of  gold  and 
silver.  2.  Encouragement  to  counterfeiting. 
3.  Throwing  the  burthens  and  losses  of  the 
paper  system  upon  the  laboring  and  small- 
dealing  part  of  the  community,  who  have  no 
share  in  the  profits  of  banking,  and  should  not  be 
(wde  to  bear  its  losses.  On  these  points,  he  said : 


"The  instinct  of  banks  to  sink  tlieircjrr. 
tion  to  the  lowent  denomination  of  notci  ^ur 
can  be  forccil  upon  tho  community,  it  a  trui 
the  aystcm  universally  proved  to  cxitt  wUmh 
banks  of  circulation  have   been  ptrmiluii 
Ifive  a  currency  to  a  country  j  and  tlic  t  Hwt , 
that  instinct  has  always  been  to  buiith  [,j 
and  silver.     AVhcn  tho  liank  of  EngUnd  tJ 
chartered,  in  the  year  1C94,  it  could  JMut  i 
note  less  than  £1U0  sterling;  that  amount  tj 
gradually  rctluced  by  the  persevering  effDrt*! 
the  bank,  to  £50;  then  toX20;  tiicn  toiij 
then  to  XIO;  at  last  to  £5;  and  finally  to  i 
and  £1.      Those  last  denominations  wire  i 
reached  until  tho  year  1707,  or  until  one  huiifi> 
and  three  years  after   tho  institution  if  i| 
bank ;  and  as  the  several  reductions  in  tk' » 
of  tho  notes,  and  the  consequent  incita.<«  ( 
paper  currtncy  took  place,  gold  became  ttt\ 
and  more  scarce ;  and  with  tho  issue  of  tl.c  > 
and  two  pound  notes,   it  totally  di^apiA'vJ 
from  the  cojmtry. 

"This  effect  was    foretold    by  all  poiitJ 
economists,  and  especially  by  Mr.  Burlto,  ill 
aged  and  retired  from  public  life,  wlio  vp\ 
from  his  retreat,  to  Mr.  Canning,  to  say  to] 
Pitt,  the  Prime  Minister,  these  prophetic  vorj 
<  If  this  bill  for  the  one  and  two  pounds  Ls  p 
mitted  to  pass,  we  shall  never  see  another  gii;:| 
in  England.'    The  bill  did  pass,  and  the  pn 
tion  was  fulfilled ;  fur  not  another  guinea  I 
guinea,  or  sovereign,  was  seen  in  England,  | 
circulation,  until  the  bill  was  repealed  two « 
twenty  years   afterwards !     After  remai 
nearly  a  quarter  of  a  century  without  1 1 
circulation,  England  abolished  her  one  and  il 
pound  notes,  limited  her  paper  currency  tof 
sterling,  required  all  Bank  of  England  note 
be  paid  in  gold,  and  allowed  four  years  for  j 
act  to  take  effect    Before  the  four  years » 
out,  tho  Bank  of  England  reported  to  Parliu 
that  it  was  ready  to  begin  gold  payments; 
commenced  accordingly,  and  has  continued  tl 
ever  since. 

"  The  encouragement  of  counterfeiting  wasl 
next  great  evil  which  Mr.  B.  pointed  outisl 
longing  to  a  small  note  currency ;  and  of  all  | 
denominations  of  notes,  he  said  those  of  one  | 
two  pounds  in  England  (corresponding! 
fives  and  tens  in  the  United  States),  vert  ti 
to  which  tho  demoralizing  business  of  com 
feiting  was  chiefly  directed!     They  wenj 


ANNO  J8Rfl.     ANDUKW  JACKSON.  I'i:F>iM>KM. 


CO  I 


ct  of  IjanWs  to  sink  tlifir  cirr:. 
ri'Mt  (Iciiumination  of  note*  «h< 
upon  the  ooininunity.  ii  &  tnui  j 
iverwilly  proved  to  txiul  wIkmJ 
iulation  have  betn  ptnnilud  d 
:y  to  H  country ;  and  the  t  ll«t  J 

has  alwaya  bc«a  to  l)Uii»h  (J 
>Vhcn  tho  Dank  of  EngUml  «J 

the  year  10'J4,  it  could  \tm  J 
n  XlOO  sterling;  thot  amounuJ 
luwd  by  the  per? evcrinj?  t\Unt  i 
£50;  then  toX20;  then  toXll 
;  at  last  to  X5;  and  finally  to  i^ 
hoHO  last  denominations  were  n 
1  the  year  1797,  or  until  one  humlr 
ears  after  tho  institution  d  i 
iB  the  several  reductions  in  the , 
B  and  tho  consequent  incrcwi 
ncy  took  place,  gold  became  n 
larce ;  and  with  tho  issue  of  thcil 
)und   notes,    it  totally  difap^t 

iintry. 

feet  was    foretold    by  all  poiib 
and  especially  by  Mr.  Burke,  tb 
elircd  from  public  life,  who  m 
streat,  to  Mr.  Canning,  to  say  to 5 
hime  Minister,  these  prophetic  m 
for  the  one  and  two  pounds  ispi 
ass,  we  shall  never  see  another  piij 
.'    The  bill  did  pass,  and  the  prrf 
ilfllled;  for  not  another  guinci,  I 
sovereign,  was  seen  in  England, 
until  tho  bill  was  repealed  two  i 
ars   afterwards!     After  remaini 
uarter  of  a  century  without  a  i 
England  abolished  her  one  andt 
IS,  limited  her  paper  currency  toj 
quired  all  Bank  of  England  noted 
gold,  and  allowed  four  years  fori 
effect    Before  the  four  years  H 
,nk  of  England  reported  to  Parlim 
1  ready  to  begin  gold  payments; 
a  accordingly,  and  has  continued^ 

couragement  of  counterfeiting  wmI 
evil  which  Mr.  B.  pointed  out  asl 
a  small  note  currency;  and  of  all 
ions  of  notes,  he  said  those  of  one 
ds  in  England  (corresponding 
;en8  in  the  United  States),  wer« 
;ho  demoralising  business  of  coi 
chiefly  directed!     They  wen 


i,,*;n  pme  of  tho  forplnpr  doprrdator!  and 
I'jtffTthc  obvious  rca^onxthat  Hvch  and  Uno  I 
„«  !<mttl!  enough  to  pass  ciirn-ntly  nnionp  p<'r- 
Ln»  not  much  acquainted  with  Iwink  paixr.  and 
L-e  fnoiiph  to  airord  some  profit  to  compi-n- 
Ly  for  the  expense  and  labor  «>f  producing  tlio 
rflnlfrttit,  and  the  rink  of  pa^^infr  it.     llelow 
ir(<,  the  profits  arc  too  small  for  the  tn))or  and 
Ult.   Too  many  have  to  l)C  forged  and  passed 
Mn  an  article  of  any  value  can  be  purchnce*! ; 
id  the  chanfro  to  Ikj  pot  in  silver,  in  pnsoing 
me  for  a  small  article,  is  too  little.    Of  twenty 
id  upwanls,  though  the  profit  is  greater  on 
ijing  them,  yet  the  danger  of  detection  is 
greater.    On  account  of  its  larger  size,  the 
,tei»not  only  more  closely  scrutinizeil  before 
13  received,  and  the  passer  of  it  better  remem- 
but  the  circulation  of  them  is  more  con- 
,ed  to  business  men  and  largo  dealers,  and 
iTcr  change  will  not  be  given  for  them  in  buy- 
ij  small  articles.    The  fives  and  tens,  then,  in 
k  United  States,  like  the  XI  and  X2  in  Eng- 
aro  tho  peculiar  game  of  counterfeiters, 
idthwis  fully  proved  by  the  criminal  statistics 
the  forger)'  department  in  both  countries, 
iccording  to  returns  made  to  the  British  Parlia- 
)ret  for  twenty-two  years — from  1797  to  1819 
the  period  in  which  tho  one  and  two  pound 
les  were  allowed  to    circulate,  the  whole 
ibcr  of  prosecutions  for  counterfeiting,  or 
Ksing  counterfeit  notes  of  the  Bank  of  Eng- 
wAS  998:  in  that  number  there  were  313 
jitalconvictionB ;  530  inferior  convictions ;  and 
acquittals :  and  the  sum  of  X240,900,  near  a 
^ion  and  a  quarter  of  dollars,  was  cxpcnd- 
by  the  bank  in  attending  to  prosecutions. 
thi3  great  number  of  prosecutions,  the  re- 
show  that  the  mass  of  them  wore  for 
races  connected  with  the  one  and  two  pound 
The  proportion  may  be  distinctly  seen 
|the  number  of  counterfeit  notes  of  difTerent 
lominations  detected  at  the  Bank  of  England 
a  given  period  of  time — from  the  1st  of 
luary,  1812,  to  the  10th  of  April,  1818— being 
mod  of  six  years  and  three  months  out  of 
twenty-two  years  that  tho  one  and  two 
id  notes  continued  to  circulate.    The  detec- 
wcre,  of  one  pound  notes,  the  number  of 
fJ238;  of  two  pound  notes,  17,787 ;  of  five 
notes,  5,826 ;  of  ten  pound  notes,  419 ; 
reaty  pound  notes,  54.    Of  all  above  twenty 
i,  35.    The  proportion  of  ones  and  twos 


to  the  other  n'xrvn  may  l*  will  <«ron  in  tho  tabl'< 
for  tliin  brief  ixriiid;  but  to  have  any  \<\v»  of 
the  mass  of  counterfeiting  done  tipon  tho"** 
small  iiotea,  the  whole  iH-riod  of  twenty-tw<i 
yiarn  nuicf  Ik-  otisidereil,  mid  the  entire  kirv- 
dom  of  (ireat  Uritnin  taken  in  ;  for  the  list  onlv 
inriudes  the  number  of  eoiinterfeif*  deterled  (it 
the  counter  of  the  bank  ;  a  place  to  whirh  lb<' 
guilty  never  carry  their  forgeries,  and  to  wbirli 
a  portion  only  of  tho«o  rireiiliitinir  in  and  about 
fiondon  could  Ik;  carried.  Tlie  proportion  of 
crime  connected  with  the  small  notes  is  here 
shown  to  lie  enormously  and  frightfully  pnnt. 
The  same  results  are  found  in  the  liiited  State-. 
Sir.  I),  had  hoko*!  over  the  statistics  of  crime 
connected  with  the  counterfeiting  of  bank  notts 
in  the  United  States,  and  found  the  ratio  bet\ve(  n 
the  great  and  small  notes  to  lie  about  the  same 
that  it  was  in  England.  He  liad  had  recour'^o 
to  the  most  authentic  data — Ilicknell's  Coun- 
terfeit Detector — and  there  fomid  the  editions  <  f 
counterfeit  notes  of  the  local  or  State  Imnks,  to 
be  eight  htindrcd  and  eighteen,  of  which  seven 
hundred  and  fifty-six  were  of  ten  dollars  and 
under;  and  sixty-two  editions  only  were  of 
twenty  dollars  and  upwards.  Of  the  Bank  if 
the  United  States  and  its  branches,  he  foimd 
eighty-two  editions  of  fives  ;  seventy-one  edi- 
tions of  tens;  twenty-six  editions  of  twentiis; 
and  two  etlitions  of  fifties  ;  still  showing  timt 
in  the  United  States,  as  well  as  in  England,  on 
local  banks  as  well  as  that  of  the  United  States', 
the  course  of  counterfeiting  was  still  the  same  ; 
and  that  the  whole  stress  of  the  crime  fell  uixm 
tho  five  and  ten  dollar  notes  in  this  country,  ami 
their  corresponding  classes,  the  one  and  two 
pound  notes  in  England.  Jlr.  B.  also  exhibited 
the  pages  of  Bicknell's  Counterfeit  Detector,  a 
pamphlet  covered  over  column  after  column 
with  its  frightful  lists,  nearly  all  under  twenty 
dollars  ;  and  he  called  upon  the  Senate  in  the 
sacred  name  of  the  morals  of  the  country — in 
the  name  of  virtue  and  morality— to  endeavor 
to  check  the  fountain  of  this  crime,  by  stopping 
the  issue  of  the  description  of  notes  on  which 
it  exerted  nearly  its  whole  force. 

"Mr.  B.  could  not  quit  the  evils  of  tI:o 
crime  of  counterfeiting  in  the  United  States 
without  remarking  that  the  difficulty  of  lej:al 
detection  and  punishment  was  so  great,  owing 
to  the  distance  at  which  the  counterfeits  were 
circulated  from  the  banks  purporting  to  issue 


f}C2 


TlllinV  YKAIW  VIEW. 


lluin,  and  tlio  iitill  ^rcutct  difnciilty  (in  moat 
i'ii.'<i'M  iin|)<)Niiilili')  of  ^i'tti'i)(  witni-MNi-H  to  attcixl 
ill  |NrM)ii,  in  Kutcf*  in  wlmh  tlxy  <lo  not  n'^'(il>, 
tlif  ('ouiiUrfi'itiTH  all  <'li(K)Hiii^  to  {irncliM*  thvir 
ciiniu  niul  ciiculutv  their  (ii-Ktrics  in  tStato" 
wliidi  <lo  not  contain  tlio  liankM  wIiomi  pA|>i  I 
lliiy  nro  iniitutin^;.  So  difllcult  ia  it  to  olituii> 
the  uttcnduncc  of  witninHcs  in  other  Statca,  tlmt 
till!  Clime  of  counterfeiting  is  almoHt  pmctiHed 
wilii  impunity.  Tiie  notea  under  $'20  feed  and 
HU|>])ly  thiM  crime ;  let  them  be  atopped,  and 
ninety-nino  hundivdlha  of  this  crime  will  atop 
with  them. 

"  A  third  nlijectiua  which  Mr,  1).  urged  aj^aiuHt 
tlie  notes  under  twenty  dollars  was,  that 
ncurly  the  whole  evils  of  that  iMirt  of  the  (Hipcr 
Kystem  fell  upon  titu  laboring  and  umall  deal- 
ing piirt  of  tlio  community.  Nearly  all  the 
eounterfeitfl  lodged  in  their  hands,  or  wi  I'e 
shaved  out  of  their  hands.  When  a  bank  faiiud, 
the  mass  of  its  circulation  being  in  small 
notes,  sunk  upon  their  hands.  Tho  gain  to  the 
b.inks  from  tho  wear  and  tear  of  small  notes, 
came  out  of  them ;  the  loss  from  the  same 
cause,  fulling  up<m  them.  Tho  ten  or  twelve  per 
cent,  annual  proiit  for  furnishing  a  currency  in 
place  of  gold  and  silver  (for  which  no  interest 
would  'le  paid  to  the  mint  or  tho  government), 
cliiiily  fulls  upon  them;  for  the  paper  currency 
is  chicily  under  twenty  dollars.  These  evils 
they  almost  exclusively  bear,  while  they  have, 
over  and  above  all  these,  their  full  proportion 
of  all  the  evils  resulting  from  tho  expansions 
und  contractions  which  are  incessantly  going 
on,  totally  destroying  the  standard  of  value, 
periodically  convulsing  the  country ;  and  in  every 
cycle  of  five  or  six  years  making  a  lottery  of 
all  property,  in  which  all  tho  prizes  are  drawn 
by  bank  managers  and  their  friends. 

"  lie  wished  the  basis  of  ' ,  <  Mlar.in  through- 
out ;hc  country  to  be  in  hard  toopo;  !■  'irmers, 
laborers,  and  market  peo'  ?,  rpuL  .'  'oceive 
their  payments  in  hard  iii.i.  j.  They  ought 
not  to  be  put  to  the  risk  of  receiving  bank,  notes 
in  all  their  small  dealings.  They  are  nojudgcs 
of  good  or  bad  notes.  Counterfeits  are  sure  to 
fall  upon  their  hands ;  and  the  whole  business 
of  counterfeiting  was  mainly  directed  to  such 
notes  as  they  handle — those  under  twenty 
dollars. 

"  Mr.  B.  said  he  here  wished  to  fix  the  attcn- 
ion  of  those  who  were  in  favor  of  a  respectable 


paper  rurrcnoj— -a  currency  oriri|M<rtaMft>,| 
notes  of  twenty  dollars  and  upwaril*— «n  i , 
great  fort,  that  tho  er  the  »[ieeic  (jwiii.  ||, 

largt  r  and  ^afir  would  be  the  HU|KTiitnirtiiri    i 
pa|MT  which  rt'Kt«'<l  iip«jn  it;  tho  Knialjcr  t!j,J 
tpicik  bavis,  the  xmalU-r  and  more  iinK«r<'  tm..; 
bo  tho  |;u|Kr  which  rested  on  it.     The  nimnr- 
of  Fngland  is  S;i'><'."»><M>W\  to  wit;  jCN/khh 
sterling  (near  $  l(VM)0,()UO)in  silver ;  XJ2,i)(K),it,| 
Rtcrling  (above    910<),000,()U<))  in    g<il.|;  i^| 
alxjut  X3t),0()0,00()  «U>rIing  (near  ^l.Vi.OoOdi. ) 
in  bank  notes.     The  cur'>nc^   of  the  I'nu.J 
States  is  diflicult  to    1h    it.rertaincd,  from  tU 
multitude  of  f  unU4,  in  <l  tii    iiceisant  lUml 
flow  of  till  it  ..'--ues;  cdculai  onsvary;  biitall[H,| 
tho  paper  ci     duf    "  nt  Ic*  than  $IOO,0(JO,(,iii  j 
and  i,!i  >  I  roportion  of  specie  .\nd  paper,  »t  11101 
th. '  <i     .lalf  paper.    This  iii  agreed  upon  ilj 
hand.-,  and  is  sullkient  for  tho  praotii..!  rwi.tj 
that  an  increase  •  f  our  specie  to  $100,l)(KM>i«j 
and  tho  suppression  of  small  notes,  will  give 
larger  total  circulation  than  we  now  liDve,  r.i 
a  safer  one.    The  total  circulation  may  then  I 
S:;0(),n00,000,in  the  projiortions  of  half  pai)€ri.'i| 
half  specie  ;  and  the  specie,  half  gold  ami  bi 
silver.    This  would  be  an  immense  improTcj 
mcnt  upon  our  present  condition,  both  in  quai 
tity  and  in  quality ;  the  paper  part  would  t 
come  respectable  from  the  suitpression  of  note 
under  twenty  dollars,  which  arc  of  no  protit  q 
ccpt  to  tho  banks  which  issue  them,  and  tlij 
counterfeiters  who  .imitate  thum ;  the  t^pi 
part  would  be  equally  improved  by  becomia 
one  half  gold.    Mr.  B.  could  not  quit  this  'u^ 
portant  point,  namely,  the  practicability  of  m 
obtaining  a  sjiccie  currency  of  $100,000,000,  inj 
the  one  half  gold,  without  giving  other  pn 
to  show  tho  facility  with  which  it  has 
every  where  done  when  attempted.    He  refcj 
red  to  our  own  history  immediately  after  tlj 
Rovol'ition,  wliLii  tho  disappearance  of  papT 
n.  key  was  instantly  followed,  as  if  by  ma^ 
by  the  appearance  of  gold  and  silver ;  to  Frai 
where  the  energy  of  the  great  Napoleon,  tin 
first  consul,  restored  an  abundant  supply  of  m 
and  silver  in  ono  year ;  to  Kngland,  wlwre  t 
acquisition  of  gold  was  at  the  rate  of  .$-24 1""'* 
per  annum  for  four  years  after  the  note 
five  pounds  were  ordered  to  I*  suppresad ; 
he  referred  with  triumph  to  our  ow  n  preaj 
history,  when,  in  defiance  of  an  immense  1 
powerful  political  and  moneyed  combii 


ANNO  IMft.     iSIMlKW  JACKSON,  MUMIhKNr. 


663 


-a  nirix'nry  of  w iixTHliif-i  l^,| 

•  ilollnr"  ami  hi>w«|i1«— <m  i  «| 
iho  iT  the  »i»ccic  Ukik. t) J 
wouUl  bf  the  nti|)iTi*tnirtiifi  || 
^t^•^l  »ip«)n  it;  the  Miiallcr  lUtj 

•  HinalhT  ninl  nion-  iinstfo  rnuJ 
iiii'h  ri'sti'fl  on  it.  The  rumiifj 
:ui(MMi(),OUO,  to  wit:  XH,(Hki.c,J 
lO,(X)0,t)0<))in  Hilver;  X22,()ip(i.i.ij 
I  »100,()<)0,00())  In  g-.l.l;  ,a 
1)00  dUTlinK  (near  815(l,0<)0(Niii] 

Tho  ciir-nc^'  of  the  I'miiii 
iiU  to    III:   liATi'rtaincd,  from  ili< 
,tn'  ■'  .  I  '  til     .  iccRHant  clbinl 
icH,  t  klculaiionsYnry;  butilltH.[ 
.lui    -at  h-'than^lOO.OflCwj 
rlion  'if  specie  .\nd  paper,  it  m.. 
pajM-T.    This  is  aKreeil  upon  il 
tuniuieiit  for  tho  practuJ  rwu! 
wc  '  f  our  spccio  to  S100,000,iH«j 
e-iBion  of  Braall  notes,  will  pre 
irculation  than  wo  now  have,  v 
Iho  total  circulation  m»y  then 
in  tho  proi)ortion8  of  half  pnperii 
nd  tho  Bpecic,  half  gold  and  lu! 
would  bo  an  immense  improTt 
r  present  condition,  both  in  qui 
uality,  the  paper  part  would' 
iblo  from  tho  Buppresaion  of  not 
dollars,  which  arc  of  no  profit  ei 
banks  which  issue  them,  and  il 

who  .iuiitato  theraj  the  i>] 
ae  eciually  improved  by  bccomii 
Mr.  B.  could  not  quit  this  ii 
namely,  the  practicability  of  k 
,«cie  currency  of  ^100,000,000, « 
gold,  without  giving  other  pi 
facility  with  which  it  has 
done  when  attempted.    He  rtfe 
wn  history  immediati-ly  after  ' 
vliai  tho  di.sappearanco  ofpaj 
instantly  followed,  as  if  by  ma 
ranee  of  gold  and  silver ;  to  Fn 
ncrgy  of  the  great  Napoleon,  tl 
•estored  an  abundant  supply  of  po 
one  year ;  to  England,  where 
gold  was  at  the  rate  of  ^ll*''*''' 
)r  four  years  after  the  note^ 
•ere  ordered  to  be  supi-resscd 
ith  triumph  to  our  o"  n  pres 
n,  in  defiance  of  an  immcn.<e 
itical  and  moneyed  combi 


I^UKt  K*<i '  W0  will  h«To  acquired  about 
\p\  «)0,()0O  o(  f  Hat  nirtal  in  the  two  conrhidtng 
I„(r4  of  Pn'iiident  J*' kkon'ii  adiniuistr«tion. 

Mr.  h   '""'*  this  o«ca.-i    >  '  •  •  xprtss  hiii  n- 

tm\  that  thi*  tr<u    idea  of  baitkn  MHrfOcd  to  bo 

lldtiBilii" '"••nntry,  anil   ''i»t  here  we  ha«l  but 

|^rcuoiv|ii    'I  or  a  bunk.  r.v(<fpt  a*  an  \s»\UHr 

fciimnry.    A  bank  or  discount  aitd  .It'piHiit, 

IP  iitra<ii.<'tinction  to  a  bank  of  circulation,  in 

illy  thought  of  la  thu  Unitt'd  Stati  ^  ;  and  it 

If  lie  news  to  aomo  bank  proJcctorM,  who  auiv 

that  nothing  can  bo  dono  without  banki« 

iLi(uo  millions  of  paper,  tolcam  tliat  lhc>;n<at 

okeri  in  London  and  Paris,  and  other  capitals 

! Earopo,  issuo  no  paper;  and,  still  more,  it 

(T  bo  news  to  them  to  learn  that  Liverpool 

I  Manchester,  two  cities  which  hap|K>n  to  do 

ut  as  much  business  as  a  myriad  of  such 

ts  u  this  our  Washington  put  together,  also 

fptn  to  have  no  bonks  to  issue  currency  fur 

km.  They  use  money  and  bills  of  exchange, 

I  hive  banks  of  discount  and  deposit,  but  no 

I  of  circulation.    Mr.  Gallatin,  in  his  Essay 

I  Currency,  thus  sjicaks  of  them : 

■There  are,  however,  even  in  Englond,  where 

nrporatcd  country  banks  issuing  paper  arc 

^numerous,  and  have  been  attended  with  tho 

advantages,  and  the  same  evils,  as  our 

Dtry  banks,  some  extensive  districts,  highly 

jtrious  and  prosperous,  where  no  such  bank 

i  exist,  and  where  that  want  is  supplied  by 

I  of  exchange  drawn  on  London.    This  is 

tease  in  Lancashire,  which  includes  Liverpool 

1  Manchester,  and  where  such  bills,  drawn  at 

Kty  days  after  date,  are  indorsed  by  each 

tssirc  holder,  and  circulate  through  numer- 

;  persons  before  they  reach  their  ultimate 

jitination,  and  are  paid  by  the  drawee.' 

'Mr.  B.  greatly  regretted  that  such  banks  as 

!  in  Liverpool  and  Manchester  were  not  in 

jie  in  tho  United  States.     They  wero  the 

bt  kind  of  banks.    They  did  great  good,  and 

wholly  free  from  mischief.     They  lent 

ley;  they  kept  money;    they  transferred 

dits  on  books ;  they  bought  and  sold  bills  of 

Dge ;  and  these  bills,  circulating  through 

py  hands,  and  indorsed  by  each,  answered 

burpose  of  large  hank  notes,  without  their 

8,  and  became  stronger  every  time  they 

!  passed.    To  the  banks  it  was  a  profitable 

oess  to  sell  them,  because  they  got  both  ex- 

:  and  interest.    To  the  commercial  com< 


likf 


niunlty  thoy  wtrr  rr>n\rni«n4i  WMh  «m  b  remit- 
tance and  %n  fundit  in  liand.  To  tbv  oouiniunilr 
they  w.-re  »i»lirtly  "aft".  iRMkkx  TdiMviunt  and 
dijiosit  in  the  l'uitf<l  Staira,  ».«i.iiig no  ciirrenry, 
and  isMuing  no  bank  notr  <  xc-cpt  of  SlOOand 
u|i» iinU,  and  di-aling  w  vxihaiigo,  wo«d<l  lie  in- 
tilU d  to  the  Aivor  aM4  cotilldi-ncv  of  titc  |Mi>p!c 
and  of  the  fi'<k*»I  gf^vernmcnt.  Such  lnuikit 
(inlv  should  U  tho  dt-iKxiitoricw  of  tlie  public 
moneys. 

'•  It  is  the  faculty  of  insuinK  jwi  nrrenry 
which  Miakc-*  tmnks  dan(tpr««u.>«  t>i  ^  country, 
and  i^.c  heiirht   to  whi<h  this    ^anni-r  ri*>i 

in  thif  Tnitcil  States,  and  the  j        i   --t  «    ich  it 
!.'«  niiikin);.  .should  rouse  ami  alai   »  (ho      iiolc 
oramunity.     It  is  dentrojin;;  aU   mdor  '  of 
value.  It  is  subjecting  the  country  I     tom«tnil.^- 
ing  anii  ruinous  fluctuation     T  prire.     ft  is  mak>* 
ing  a  lottery  of  property,  m  I  making;   «r  "l^rt' 
di -<.' of  niMHcy,  which  has  ii.  be  bimghi  bv  the 
til  ket  holiicrs  in  the  great  lolUry  at 
till      per  cent,  a  month.     It  isci|uivali 
dcM  ruction  of  weights  ond  measures,  i 
bu)  1  isj  and  Billing  without  counting,  w 
or  nil  I- lining.     It  is  the  real izat ion,  in  ii 
cnt  fii  in,  of  tho  debasement  and  arbitrary 
ation  (  '  llic  value  of  coins  practised  by  thu 
of  Euro'c  in  former  ages,  and  now  by  tho  Sta^ 
of  Turki  \ .     It  is  cxtingui8hiii<:  the  idea  of 
moderali .  annual  interest.        rcat  duties       •» 
thus  impoM^'il  upon  the  legislator  ;  ond  tho  lir«f 
of  these  ci  itics  is  to  revive  and  favor  tho  cln«» 
of  banks  I)    discount  and  deposit;  banks  to  makf 
loans,  keep  money,  transfer  credits  on  books, 
buy  and  sill  exchange,  deal  in  buinoii ;  but  to 
issue  no  pnj    r.    This  class  of  banks  should  bu 
revived  and   favored;   and  tho   United  States 
could  (asily  r  vivo  them  by  confiding  to  them 
the  public  di'i  'isits.    Tho  next  great  duty  of  the 
legislator  is  t(  limit  the  issues  of  banks  of  circu- 
lation, and  make  them  indemnify  the  community 
in  some  little  dogree,  by  refunding,  in  annual 
taxes,  some  part  of  their  undue  gains. 

"The  progress  of  the  banking  busine.ss  is 
alarming  and  deplorable  in  tho  United  States. 
It  is  now  computed  that  there  arc  750  bucks 
and  their  branches  in  operation,  all  having  au- 
thority to  issue  currency ;  and,  what  is  worse, 
all  that  currency  is  receivable  by  the  federal 
government.  The  quantity  of  chartered  bank 
capital,  as  it  is  called,  is  estimated  at  near 
$800,000,000 ;  the  amount  of  this  capital  ro- 


GG4 


TIliriTY  YEARS'  VIEW. 


ported  liy  the  l)ank8  to  have  Ijcen  paid  in  is 
about  $300,000,000 ;  and  the  quantity  if  paper 
money  which  they  are  authorized  by  their  char- 
ters to  issue  is  about  ^7.'>(),000,000.  How  much 
of  thift  b  actually  issued  can  never  be  known 
with  any  precision  ;  for  such  arc  the  fluctuations 
in  the  amount  of  a  paper  currency,  ilowinj;;  from 
750  fountains,  that  the  circulation  of  one  day 
cannot  be  railed  upon  for  the  next.  The  amount 
of  capital,  reported  to  be  paid  in,  is,  however,  well 
ascertained,  and  that  is  fixed  at  ^300,000,000. 
This,  upon  its  face,  and  without  recourse  to  any 
other  evidence,  is  proof  that  our  banking  system, 
as  a  whole,  is  unsolid  and  delusive,  and  a  fright- 
ful imposition  upon  the  people.  Nothing  but 
specie  can  form  the  capital  of  a  bank ;  there  are 
not  above  sixty  or  seventy  millions  of  specie  in 
the  country,  and,  of  that,  the  banks  have  not 
the  one  half.  Thirty  millions  in  specie  is  the 
extent ;  the  remainder  of  the  capital  must  have 
l)cen  made  up  of  that  undefinable  material  called 
'  specie  funds,'  or  '  funds  equivalent  to  specie,' 
the  fallacy  of  which  is  established  by  the  facts 
already  stated,  and  which  show  that  all  the 
specie  in  the  country  put  together  is  not  suffi- 
cient to  meet  the  one  fifth  part  of  these  '  specie 
funds,'  or  'funds  equivalent  to  specie.'  The 
equivalent,  then,  does  not  exist !  credit  alone 
exists  ;  and  any  general  attempt  to  realize  these 
'  specie  funds,'  and  turn  them  into  specie,  would 
explode  the  whole  banking  system,  and  cover 
the  country  with  ruin.  There  may  bo  some 
solid  and  substantial  banks  in  the  country,  and 
undoubtedly  there  are  better  and  worse  among 
them ;  but  as  a  whole — and  it  is  in  that  point 
of  view  the  community  is  interested — as  a  whole, 
the  system  is  unsolid  and  delusive  ;  and  there  is 
no  safety  for  the  country  until  great  and  radical 
reforms  are  effected. 

"  The  burdens  which  these  750  banks  impose 
upon  the  people  were  then  briefly  touched  by  Mr. 
B.  It  was  a  great  field,  which  he  had  not  time 
to  explore,  but  which  could  not,  in  justice,  be 
entirely  passed  by.  First,  there  were  the  sala- 
ries and  fees  of  750  sets  of  bank  officers :  presi- 
flents,  cashiers,  clerks,  messengers,  notaries  pub- 
lic to  protest  notes,  and  attorneys  to  sue  on 
them ;  all  these  had  salaries,  and  good  salaries, 
paid  by  the  people,  though  the  people  had  no 
hand  in  fixing  these  salaries :  next,  the  profits 
to  the  stockholders,  which,  at  an  average  of  ten 
per  ceutuw  gross  would  g*"  -e  thirty  millions  of 


dollars,    '  1  levied  upon  the  pcoi)le ;  then  nri 
the  profits  to  the  brokers,  first  cousins  to  tbj 
linkers,  for  changing  notes  for  nioncv,  or  f  ,J 
other  notes  at  par ;  then  the  gain  to  the  ba;  J 
and  their  friends  on  speculations  in  pmrjertvi 
merchandise,  produce,  and  stocks,  diirinc  tli 
periodical  visitations  of  the  expansions  and  c 
tractions  of  the  currency ;  then  the  pain  fri.i 
the  wear  and  tear  of  notes,  which  is  so  nii;cl 
loss  to  the  people ;  and,  finally,  the  great  chaJ 
ter  of  counterfeiting  which,  without  being  p  J 
fitable  tc  (he  bank,  is  a  great  burden  to  the  k  > 
pie,  on  whose  hands  a'::  the  counterfeits  sinj 
The  amount  of  these  burdens  he  could  not  cf  n 
pute ;  but  there  was  one  item  about  which  tint 
was  no  dispute — the  salaries  to  the  ofliicprs  an| 
the  profits  to  the  stockholders — ana  ihis  jn 
senteu  in  array  of  names  more  numerouii.  auj 
an  amount  of  money  more  excessive,  th,in  waj 
to  be  found  in  the  '  Blua  Book,'  with  the  Arml 
and  Navy  Register  inclusive. 

"  Mr,  B.  said  this  was  a  faint  sketch  of  ilj 
burdens  of  the  banking  system  as  carried  on  t 
the  United  States,  where  every  bank  is  a  coinej 
of  paper  currency,  and  where  every  town, 
some  States,  must  have  its  banks  of  circulatiJ 
while  such  cities  as  Liverpool  and  Manchest^ 
have  no  such  banks,  and  where  thcpapcrmom 
of  all  these  machines  receive  wings  to  fly  ovJ 
the  whole  continent,  and  to  infest  the  wliol) 
land,  from  their  universal  receivability  by  ttJ 
federal  government  ki  payment  of  all  dues  i 
their   custom-houses,  land-offices,  post-offi« 
and  by  all  the  district  attorneys,  marshals,  i 
clerks,  employed  under  the  federal  judiciad 
The  improvidence  of  the  States,  in  chartcrin 
such  institutions,  is  great  and  deplorable ;  bi 
their  error  was  trifling,  compared  to  the  inipr( 
vidence  of  the  federal  government  in  taking  tij 
paper  coinage  of  all  these  banks  for  the  cumiK 
of  the  federal  government,  maugre  that  clanJ 
in  the  constitution  which  recognizes  nothing  bi 
gold  and  silver  for  currency,  and  which  was  ii 
tended  for  ever  to  defend  and  preserve  this  I'Diu 
from  the  evils  of  paper  money. 

"Mr.  B.  averred,  with  a  perfect  knowledeoij 
the  fact,  that  the  banking  system  of  the  UniiJ 
States  was  on  a  worse  footing  than  it  was  ins 
country  upon  the  face  of  the  earth ;  and  tbatj 
addition  to  its  deep  and  dangerous  dckts, 
was  also  the  most  expensive  and  burdousonj 
and  gave  the  most  undue  advantages  to  onep 


AXXO  1830.    ANDREW  JACKSOX,  PRESIDENT. 


CG5 


1(1  upon  the  pcojile ;  then  ruir, 
le  brokers,  first  cousins  to  t 
inging  notes  for  money,  or  f( 
ar ;  then  the  gain  to  the  baji 
i\s  on  speculations  in  jiroijertv 
roducc,  and  stocks,  during  tl 
tiona  of  tho  expansions  and  c 
)  currency ;  then  the  gain  fn.i 
ear  of  notes,  which  Ls  so  muc 
pie ;  und,  finally,  the  great  olia 
;iting  which,  w^ithout  Ijcin;:  pp 
ank,  is  a  great  burden  to  the  j* 
hands  a'i  tho  counterfeits  sir. 
■  these  burdens  he  could  not  c 
•c  was  one  item  about  which  tin 
; — the  salaries  to  the  officers  an 
the  stockholders— an  i  iliia  r 
ly  of  names  more  numcrou.«.  a» 
money  more  excessive,  than  w 
the  '  Blue  Book,'  with  the  Arm; 
rister  inclusive, 
id  this  was  a  faint  sketch  if 
le  banking  system  as  carried  on  ii 
,atcs,  where  every  bank  is  a  coim 
rency,  and  where  every  town, 
must  have  its  banks  of  circulatifii 
ties  as  Liverpool  and  Mancheit 
banks,  and  where  the  paper  mo 
aachines  receive  wings  to  fly  ovi 
jntinent,  and  to  infest  the  who 
leir  universal  receivability  by  t 
•nment  in  payment  of  all  dues 
■houses,  land-offices,  post-ofB 
e  district  attorneys,  marshals. 
oj'cd  under  the  federal  judic 
denco  of  the  States,  m  chartcri 
ions,  is  great  and  deplorable;  bi 
■as  trifling,  compared  to  the  imp 
e  federal  government  in  taking 
of  all  these  banks  for  the  cumi 
_  government,  maugrc  that  clan 
tution  which  recognizes  nothing  bi 
er  for  currency,  and  which  was 
cr  to  defend  and  preserve  this  Udj 
is  of  paper  money, 
■erred,  with  a  perfect  knowlclM 
the  banking  system  of  the  Unit 
in  a  worse  footing  than  it  was  in 
n  the  face  of  the  earth ;  and  tbal 
its  deep  and  dangerous  dcte 
most  expensive  and  burdensoi 
moat  undue  advantages  to  one 


/ihc  n»mmnnity  over  another.     lie  had  no 

ixiM  but  that  this  banking  system  was  more 

wden.«on>c  to  the  free  citizens  of  tho  United 

fates  than  ever  the  feudal  system  was  to  the 

rikins.  and  serfs,  and  pea.sant8  of  Europe.  And 

^t  did  they  get  in  return  for  this  vast  bur- 

fcn  ?   A  pestiferous  currency  of  small  paper ! 

ihen  tlicy  might  have  a  gold  currency  without 

urin?  interest,  or  suffering  losses,  if  their  banks, 

itetlinse  in  Liverpool  and  Manchester,  issued  no 

rrroncy  except  as  bills  of  exchange ;  or,  like 

tie  Bank  of  France,  issued  no  notes  but  those 

rf  500  and  1,000  francs  (say  $;100  and  ^500) ; 

eren,  like  the  Bank  of  England,  issued  no 

e  under  £5  sterling,  and  payable  in  gold.  And 

ithhow  much  real  capital  is  this  banking  sy.s- 

1,  go  burdensome  to  the  people  of  the  United 

»  carried  on?  About  $30,000,000!  Yes;  on 

,i;t.S3(>,000,000  of  specie  rests  the  $300,000,000 

b,  and  on  which  the  community  are  paying 

itercst,  and  giving  profits  to  bankers,  and  blind- 

vielding  their  faith  and  confidence,  as  if  the 

iMe  §300,000,000  was  a  solid  bed  of  gold  and 

Irer,  instead  of  being,  as  it  is,  one  tenth  part 

10,  and  nine  tenths  paper  credit ! " 

Other  senators  spoke  against  the  recharter  of 

banks,  without  the  amelioration  of  their 

irters  which  the  public  welfare  required ;  but 

iihout  eflect.    The  amendments  were  all  re- 

led,  and  the  bill  passed  for  the  recharter  of 

whole  six  by  a  large  vote — 20  to  14.    The 

and  nays  were : 

IYeas.— Messrs,  Black,  Buchanan,  Calhoun, 
V  Crittenden,  Cuthbert,  Davis,  Ewing  of 
lio,Goldsborough,  Hendricks,  Hubbard,  Kent, 
log  of  Alabama,  Knight,  Leigh,  Naudain, 
tholas,  Porter,  Prentiss,  Rives,  Southard, 
lift,  Tallmadgo,  Tomlinson,  Walker,  Webster. 
Pivs,— Messrs.  Benton,  Ewing  of  Hlinois, 
f  of  Georgia.  Linn,  McKean,  INIangum,  Mor- 
iXiles,  Robmson,  Ruggles,  Shepley,  Wall, 
lite,  Wright. 


CHAPTER   CXLIV. 

INDEPENDENCE  OF  TEXAS. 

(iiNG  several  months  memorials  had  been 
:  in  from  public  meetings  in  difierent  cities 

^Tor  of  acknowledging  the  independence  of 
-the  public  feeling  in  behalf  of  tho  people 


of  that  small  revollod  provinco.  strmii:  from  the 
iK-ginning  of  the  contest,  now  iiill;iiiu<!  into  rnpo 
from  the  ma.s.^nores  of  the  .\l.iiuo  and  of  (loliad. 
TowanU  the  middle  of  May  news  of  the  vic- 
tor)' of  iSan  Jacinto  arrived  at  Wasliington. 
Public  feeling  no  longer  know  any  bounds. 
The  people  were  exiilted — Conjiress  not  less  so 
— and  a  feeling  for  the  acknowlolj^mcnt  of 
Texiiin  independenre,  if  not  universal,  almost 
general.  The  sixteenth  of  May — the  first  sitting 
of  the  Senate  after  this  great  news — Mr.  Man- 
gum,  of  North  Carolina,  presented  tlie  pr<x'eed- 
ings  of  a  public  meeting  in  Burke  county,  of  that 
State,  praying  Congress  to  acknowledge  the  in- 
dependence of  tho  young  republic.  Mr.  Predion 
said :  "  The  effects  of  that  victory  had  opened  up 
a  curtain  to  a  most  magnificent  scene.  This 
invader  had  come  at  the  head  of  his  forces,  urged 
on  by  no  ordinary  impulse — b3'an  infiiriutc  fana- 
ticism— by  a  superstitious  Catholicism,  goaded 
on  by  a  miserable  priesthood,  against  that  in- 
vincible Anglo-Saxon  race,  the  van  of  which 
now  approaches  the  del  Norte,  It  wa.s  at  once 
a  war  of  religion  and  of  liberty.  And  when 
that  noble  race  engaged  in  a  war,  victory  was 
sure  to  perch  upon  their  standard.  This  wa.< 
not  merely  the  retribution  of  the  cruel  war  upon 
the  Alamo,  but  that  tide  which  was  swollen 
by  this  extraordinary  victory  would  roll  on ; 
and  it  was  not  in  the  spirit  of  prophecy  to  say 
where  it  would  stop."  Jlr.  Walker,  of  Missis- 
sippi, said : 

"  He  had,  upon  the  22d  of  April  last,  called 
tho  attention  of  the  Senate  to  the  struggle  in 
Texas,  and  suggested  the  reservation  of  any 
surplus  that  might  remain  in  the  tieasury,  for 
the  purpose  of  acquiring  Texas  from  whatever 
government  might  remain  the  government  de 
facto  of  tha^  country.  At  that  period  (said  Mr. 
W.)  no  allusion  had  been  made,  he  believed,  by 
any  one  in  either  House  of  Congress  to  the  situ- 
ation of  affairs  in  Texas,  And  now  (said  Mr. 
W.),  upon  the  very  day  that  he  had  called 
the  attention  of  the  Senate  to  this  subject,  it 
appeared  that  Santa  Anna  had  been  captured, 
and  his  army  overthrown.  Mr.  W.  said  he  had 
never  doubted  this  result.  When  on  the  22d 
of  April  last,  resolutions  were  introduced  before 
the  Senate  by  the  senator  from  Ohio  (Mr.  Mor- 
ris), requesting  Congress  to  recognize  the  inde- 
pendence of  Texas,  he  (Mr.  W.)  had  opposed 
faying  these  resolutions  on  tho  table,  and  advo- 
cated their  reference  to  a  committee  of  tho 
Senate.  Mr,  W.  said  he  had  addressed  tiie 
Senate  then  under  very  different  circumstances 
from  those  which  now  existed.    The  cries  of 


1i' 


M6 


TUIUTY  YEARS'  VIEW. 


the  expiring  priMoiicrs  at  the  Alamo  were  then 
resouniiiiip  in  our  cars  ;  the  victorious  usurper 
was  advancinp  onward  with  his  exterminating 
M'arfare,  and,  in  tho  minds  of  many,  all  was 
gloom  and  despondency  ;  but  Mr.  W.  said  that 
Uie  published  report  of  our  proceedings  demon- 
strated tliat  he  did  not  for  a  moment  despond ; 
that  his  confidence  in  the  rifle  of  the  West  was 
iirm  and  unshaken ;  and  that  he  had  then  de- 
clared that  the  sun  was  not  more  certain  to  set 
in  tho  western  horizon,  than  that  Texas  would 
maintain  her  independence ;  and  this  sentiment 
he  had  taken  occasion  to  repeat  in  tho  debate 
on  this  subjeot  in  the  Senate  on  the  9th  of  May 
last.  Jlr.  W.  said  that  what  was  then  predic- 
tion was  now  reality ;  and  his  heart  beat  high,  and 
his  pulse  throbbed  with  delight,  in  contemplating 
tliis  triumph  of  liberty.  Sir  (said  Mr.  W.),  the 
people  of  the  vallej-  of  the  Mississippi  never 
could  have  permitted  Santa  Ana  and  his  myr- 
midoui:)  to  retain  the  dominion  of  Texas." 

iMr.  Walker  afterwards  moved  the  reference 
of  all  the  memoiials  in  relation  to  Texas  to  the 
Committee  on  Foreign  Relations.  If  the  accounts 
received  from  Texas  had  been  official  (for  as 
yet  there  were  nothing  but  newspaper  accounts 
of  the  great  victory),  he  would  have  moved  for 
the  immediate  recognition  of  the  Texian  inde- 
pendence. Being  unofficial,  he  could  only  move 
the  reference  to  the  committee  in  the  expecta- 
tion that  they  would  investigate  the  facts  and 
bring  the  subject  before  the  Senate  in  a  suitable 
form  for  action.     Jlr.  Webster  said : 

"  That  if  the  people  of  Texas  had  established 
a  government  do  facto,  it  was  undoubtedly 
the  duty  of  this  government  to  acknowledge 
their  independence.  The  time  and  manner  of 
doing  so,  however,  were  all  matters  proper 
for  grave  and  mature  consideration.  lie  should 
have  been  better  satisfied,  had  this  matter 
not  been  moved  again  till  all  the  evidence 
had  been  collected,  and  until  they  had  received 
official  information  of  the  important  events  that 
had  taken  place  in  Texas.  As  this  proceeding 
had  been  moved  by  a  member  of  the  adminis- 
tration party,  he  felt  himself  bound  to  under- 
stand that  the  Executive  was  not  opposed  to 
take  the  first  steps  now,  and  that  in  his  opinion 
this  proceeding  was  not  dangerous  or  premature. 
Mr.  \V.  was  of  opinion  that  it  would '  be  best 
not  to  act  with  precipitation.  If  this  informa- 
tion was  true,  they  would  doubtless  before  long 
hear  from  Texas  herself;  for  as  soon  as  she  felt 
that  she  was  a  country,  and  had  a  country,  she 
'  would  naturally  present  her  claims  to  her  neigh- 
bors, to  be  recognized  as  an  independent  nation. 
He  did  not  say  that  it  would  be  necessary  to 
wait  for  this  event,  but  he  thought  it  would  bo 
discreet  to  do  so.  He  would  be  one  of  the  first 
to  ack'aowlcdge  the  iiidependence  of  Texas,  on 


reasonable  proof  tliat  she  had  cstalilishei]  > 
emment.      There  were  views  coniiecttil  l"t 
Texas  which  he  would  not  now  prestnt  « 
would  be  premature  to  do  so ;  but  lie  woijli  u 
Ber\'e  that  he  had  received  some  informjii-l 
from  a  respectable  source,  which  turned  his' J 
tcntion  to  tho  very  significant  expi-essi.)n  ^ 
by  Mr.  Monroe  in  his  message  of  1822  tint 
European  Power  should  ever  be  pcrmittwH 
establish  a  colony  on  the  American  contiJt„ 
He  had  no  doubt  that  attempts  would  be  m 
by  some  European  government  to  obtain  a  a 
sion  of  Texas  from  the  government  of  Mcxi„ 

Mr.  King,  of  Alabama,  counselled  modera  J 
and  deliberation,  although  ho  was  aware  that] 
the  present  excited  feeling  in  relation  to  TeJ 
every  prudent  and  cautious  course  wouM  I 
misunderstood,  and  a  proper  resene  be  probabl 
construed  into  hostility  to  Texian  indepcndencJ 
but  he  would,  so  long  as  he  remained  a  mma 
on  that  floor,  be  regardless  of  every  persoj 
consideration,  and  place  himself  in  opposition] 
all  measures  which  he  conceived  were  calcukJ 
to  detract  from  the  exalted  character  of  i 
country  for  good  faith,  and  for  undcviating  i 
herencc  to  all  its  treaty  stipulations.    He  ty 
went  on  to  say  : 

"  He  knew  not  whether  the  information  I 
ceived  of  the  extraordinary  successes  of  the  ij 
ans  was  to  be  relied  on  or  not ;  he  sinwi^ 
hoped  it  might  prove  true ;  no  man  here  fdi 
deeper  detestation  of  the  bloodthirsty  wixtcl 
who  had  cruelly  butchered  their  dcfenctl 
prisoners,  than  he  did;  but,  whether  true 
false,  did  it  become  wise,  discreet,  prudent 
bound  by  the  strongest  considerations  to 
serve  the  honor  and  faith  of  the  country,  to 
hurried  along  by  the  effervescence  of  fcelij 
and  at  once  abandon  the  course^  and 
say,  the  only  true  course,  which  this  governi 
has  invariably,  heretofore,  pursued  towardj 
reign  powers  ?    We  have  uniformly  (said 
K.)  recognized  the  existing  governments- 
governments  de  facto;  we  have  not  stopped 
inquire  whether  it  is  a  despotic  or  constimti 
government ;  whether  it  is  a  republic  or  a 
potism.    All  we  ask  is,  does  a  governini.nt  ai 
ally  exist?  and.  Laving  satisfied  oitscIvcs 
that  fact,  we  look  no  further,  but  rccofrnize  il 
it  is.    It  was  on  this  principle  (said  Mr.  K,] 
this  safe,  this  correct  principle,  that  we  i 
nized  what  was  called  the  Republic  of  Fi 
founded  on  the  ruins  of  the  old  monarchy;  il 
the  consular  government ;  a  little  after,  the 
perial ;  and  when  that  was  crushed  by  a  coi 
nation  of  all  Europe,  and  that  extraui 
man  who  wielded  it  was  driven  into  exil( 
again  acknowledged  the  kingly  govcrnmed 
the  House  of  Bourbon,  and  now  the  cui 
tional  King  Louis  Philippe  of  Orleans. 


ANNO  183ti.     ANDUKW  JACKSOX,  nU'-SlDEXT. 


667 


;  tliat  she  had  c8tal)Vishcil  &  jr„ 
re  were  views  conntctcti  v.ij 
B  would  not  now  iirusint,  u 
,ture  to  do  so ;  but  lit-  would  oil 
had  received  some  informatil 
ble  source,  which  turned  his  J 
very  gignificant  expression  \^ 
in  his  message  of  1822,  th«  h 
er  should  ever  be  pcrmitUill 
ony  on  the  American  contineit 
bt  that  attempts  would  \k  tnai 
pean  government  to  obtain  a  o 
from  the  government  of  Mexio 

f  Alabama,  counselled  moileratiJ 
on,  although  ho  was  aware  that  I 
icited  feeling  in  relation  to  T«J 
t  and  cautious  course  would  I 

I  and  a  proper  rcser\e  be  prohabl 
J  hostility  to  Texian  indepcndend 

so  long  as  he  remaircd  a  mcmU 
r  be  regardless  of  every  pcrsoi 

and  place  himself  in  opposition  I 
which  he  conceived  were  calculjtl 
rom  the  exalted  character  of  i 
good  faith,  and  for  undcviating  ( 

II  its  treaty  stipulations.   lie  tli 
jay : 

kv  not  whether  the  information 
.  extraordinary  successes  of  the  T( 
be  relied  on  or  not ;  he  mm. 
rht  prove  true ;  no  man  here  fell 
jtation  of  the  bloodthirsty  wretcl 
iruelly  butchered  their  defenctl 
ban  he  did;  but,  whether  true 
become  wise,  discreet,  pruaenf 
he  strongest  considerations  to , 
Uor  and  faith  of  the  country,  to 
Ine  by  the  effervescence  of  feeli 
abandon  the  course,  and,  he  woi 
/  true  course,  which  this  governt 
,lv  heretofore,  pursued  towards 
\ri\    We  have  uniformly  (said 
,zod  the  existing  governments- 
a  de  facto  s  we  have  not  stopped 
;ther  it  is  a  despotic  or  constitutifl 
f  whether  it  is  a  republic  or  a 
li  we  ask  is,  does  a  govcmnent 
I  and,  baving  satisfied  ovrselves^ 
elooUo  further,  but  rccopmze 'I 
-as  on  this  principle  (said  Mr.  K, 
lis  correct  principle,  that  \rer. 
was  called  the  lepubhc  of  F. 
the  ruins  of  the  old  monarchy  ;ll 
^government;  a  little  after,  the 
Iw-hen  that  was  crushed  by  a  CO! 
all  Europe,  and  that  ex  raonk 
'Jielded  it  was  driven  into  eri 
'owledged  the  kingly  governme 
of  Bourbon,  and  now  the  «1 
Louis  Philippe  of  Orleans, 


.vir(said  Mr.  K.),  we  take  thinps  as  they 
ire  a.sk  not  how  governments  are  estab- 
_by  what  revolutions  they  are  brought 

,  exi4tnoe.    Let  us  see  an  independent  gov- 

lent  in  Texas,  and  he  would  not  be  beliind 

■nator  from  Mississippi  nor  the  senator 

A)uth  Carolina  in  pressing  forward  to  its 

vTiition.  and  establishing  with  it  the  most 

lii\  and  friendly  relations." 

Mr.  Calhoun  went  beyond  all  other  speakers, 
udvocated  not  only  immediate  recognition 
(be  independence  of  Texas,  but  her  simulta- 
j  admission  into  the  Union ;  was  in  favor 
^tin"  on  both  questions  together,  and  at  the 
nt  session ;  and  saw  an  interest  in  the  slave- 
in"  States  in  preventing  Texas  from  liaving 
power  to  annoy  them.    And  he  said : 

•lie  was  of  opinion  that  it  would  add  more 
-mrth  to  the  cause  of  Texas,  to  wait  for  a  few 
iuntil  they  received  official  confirmation  of 
Tictory  and  capture  of  Santa  Anna,  in  order 
ickiain  a  more  unanimous  vote  in  favor  of  the 
fliition  of  Texas.     He  had  been  of  but  one 
J)n  from  the  beginning,  that,  so  far  from 
ico  being  able  to  reduce  Texas,  there  was 
it  danger  of  Mexico,  herself,  being  conquered 
theiexans.    The  repult  of  one  battle  had 
the  ruler  of  Mexico  in  the  power  of  the 
,j ;  and  they  were  now  able,  either  to  dic- 
»liat  terms  they  pleased  to  him,  or  to  make 
„wit!i  the  opposition  in  Mexico.    This  ex- 
inlinary  meeting  had  given  a  handful  of  brave 
most  powerful  control  over  the  destinies 
Mexico ;  he  trusted  they  wonld  use  their 
irv  with  moderation.    He  had  made  up  his 
not  only  to  recognize  the  independence  of 
but  for  her  admission  into  this  Union ;  and 
Texans  managed  their  affairs  prudently, 
would  soon  be  called  upon  to  decide  that 
lion.   No  man  could  suppose  for  a  moment 
country  could  ever  come  again  under 
[dominion  of  Mexico ;  and  he  was  of  opinion 
it  was?  not  for  our  interests  that  there 
lid  be  an  independent  community  between 
id  Mexico.    There  were  powerful  reasons 
fas  should  be  a  part  of  this  Union.  The 
rp.  States,  owning  a  slave  population,  were 
iV  interested  in  preventing  that  country 
having  the  power  to  annoy  them ;  and  the 
stinj  and  manufacturing  interests  of  the 
ihand  the  East  were  equally  interested  in 
it  a  part  of  this  Union.    He  thought 
would  soon  be  called  on  to  decide  these 
ins ;  and  when  they  did  act  on  it,  he  was 
lini:  on  both  together — for  recognizing  the 
ndcnce  of  Texas,  and  for  admitting  her 
Ihe  Union.    Though  he  felt  the  deepest  so- 
on this  subject,  Iw  was  for  acting  calmly, 
ntoly,  and  cautiously,  but  at  the  same 
|vith  decision  and  firmness.    They  should 
iolate  their  neutrality;  but  when  they 
unco  satisfied  that  Texas  had  established 


a  government,  they  should  <lo  as  they  had  di)no 
in  all  otlier  i-iiuilar  cases :  rcoopiii/.o  Iut  a.-*  tin 
independent  nation  ;  and  if  her  im(i|i!(",  ,\  Im  \vi iv 
once  citizi'ii.'^  of  this  ReiniMic.  wi.^hed  to  couu' 
back  to  us,  he  would  receive  tlioiu  with  <>iki) 
arm.s.  If  events  .should  jioon  as  they  b.id  done, 
he  could  not  but  hope  that,  bef  ire  ilie  di><t'  df 
the  present  session  of  Con-rress.  liicy  would  not 
only  acknowledge  the  indeiK'ndi'ncV  of  Tfxas, 
but  admit  her  into  the  Union.  He  h()j)ed  there 
would  bo  no  unnecessary  del.iy,  for.  in  such 
cases,  delays  were  diuigcrous ;  biit  tluit  tlii-y 
would  act  with  unanimity,  and  act  promptly." 

The  author  of  this  View  did  not  reply  to  Mr. 
Calhoun,  being  then  on  ill  terms  with  him ;  biit 
he  saw  in  the  speech  much  to  be  considered  and 
remembered — the  shadowings  forth  of  coming 
events  ;  the  revelation  of  a  new  theatre  for  the 
slavery  agitation;  and  a  design  to  make  th.'i 
Texas  question  an  element   in  the  impending 
election.  Mr.  Calhoun  had  been  one  of  Mr.  Mon- 
roe's cabinet,  at  the  time  that  Texas  was  ceded 
to  Spain,  and  for  reasons  (as  Jlr.  Monroe  stated 
to  General  Jackson,  in  the  private  letter  hereto- 
fore quoted)  of  internal  policy  and  considera- 
tion ;  that  is  to  say,  t    conciliate  the  free  States, 
by  amputating  slave  territory,  and  preventing 
their  opposition  to  future  Southern  presidential 
candidates.    He  did  not  use  those  precise  words, 
but  that  was  the  meaning  of  the  words  used. 
The  cession  of  Texas  was  made  in  the  crisis  of 
the  Missouri  controversy  ;  and  both  Mr.  ^Ion- 
roe  and  Mr.  Calhoun  received  the  benefit  of 
the  conciliation  it  produced :  ^Ir.  Monroe  in  the 
re-election,  almost  unanimous,  of  1820 ;  and  ilr. 
Calhoun  in  the  vice-presidential  elections  of 
1824  and  1828 ;  in  which  he  was  so  much  a 
favorite  of  the  North  as  to  get  more  votes  than 
Mr.  Adams  received  in  the  free  States,  and  owed 
to  them  his  honorable  election  by  the  people, 
when  all  others  were  defeated,  on  the  popular 
vote.     Their  justification  (that  of  Mr.  Monroe's 
cabinet)  for  this  cession  of  a  great  province, 
was,  that  the  loss  was  temporary — "that  it 
could  be  got  back  again  whenever  it  was  want- 
ed " — but  the  victory  of  San  Jacinto  was  hardly 
foreseen  at  that  time.    It  was  these  reasons 
(Northern  conciliation,  and  getting  it  back  when 
we  pleased)  that  reconciled   General  Jackson 
to  the  cession,  at  the  time  it  was  made.    One 
of  the  foremost  to  give  away  Texas,  Mr.  Cal- 
houn was  the  very  foremost  to  get  her  back ; 
and  at  an  immense  cost  to  our  foreign  relations 
and  domestic  peace.    The  immediate  admissioa 


CG8 


THIRTY  YEARS'  VIEW. 


of  Toxns  into  the  Union,  was  his  plan.  She 
was  at  war  with  Mexico — wc  at  peace :  to  in- 
coriwrate  her  into  the  Union,  was  to  adopt  her 
war.  Wo  had  treaties  of  amity  with  Mexico: 
to  join  Texas  in  the  war,  was  to  bo  faithless  to 
those  treaties.  Vic  had  a  presidential  election 
depending ;  and  to  discuss  the  question  of  Texiun 
admission  into  our  Union,  was  to  bring  that  ele- 
ment into  the  canvass,  in  which  all  prudent  men 
who  were  adverse  to  the  admission  (as  Mr. 
Van  Burcn  and  his  friends  were),  would  be 
thrown  under  the  florce  of  an  immense  popular 
current;  while  all  that  were  in  favor  of  it 
woidd  expect  to  swim  high  upon  the  waves  of 
that  current.  The  proposition  was  incredibly 
rash,  tending  to  involve  us  in  war  and  dishonor ; 
and  also  disrespectful  to  Texas  herself,  who  had 
not  asked  for  admission ;  and  extravagantly 
hasty,  in  being  broached  before  there  was  any 
official  news  of  the  great  victory.  Before  the 
debate  was  over,  the  author  of  this  View  took 
an  opportunity  to  rcpl}'^,  without  reference  to 
other  speakers,  and  to  give  reasons  i^inst  the 
present  admission  of  Texas.  But  there  was 
one  of  Mr.  Calhoun's  reasons  for  immediate  ad- 
mission, which  to  him  was  enigmatical,  and  at 
that  time,  incomprehensible ;  and  that  was,  the 
prevention  of  Texas  "  from  having  the  power  to 
annoy"  the  Southern  slave  StPtes.  Wo  had 
just  been  employed  in  suppressing,  or  explod- 
ing, this  annoyance,  in  the  Northeast ;  and,  in 
the  twinkling  of  an  eye,  it  sprung  up  in  the 
Southwest,  two  thousand  miles  off,  and  quite 
diagonally  from  its  late  point  of  apparition. 
That  sudden  and  so  distant  re-j.ppearance  of  the 
danger,  was  a  puzzle,  remaining  unsolved  until 
the  Tyler  administration,  and  the  return  of  Mr. 
Duff  Green  from  London,  with  the  discovery 
of  the  British  abolition  plot ;  which  was  to  be 
planted  in  Texas,  spread  into  the  South,  and 
blow  up  its  slavciy.  Mr.  Bedford  Brown,  and 
others,  answered  Jlr.  Calhoun.  Mr.  Brown 
said : 


"  He  regarded  our  national  character  as  worth 
infinitely  more  than  all  the  territoria'  posses- 
sions of  Mexico,  her  wealth,  or  the  wealth  of  all 
other  nations  added  together.  We  occupied  a 
standing  among  the  nations  of  the  earth,  of 
which  we  might  well  be  proud,  and  which  we 
ought  not  to  permit  to  be  tarnished.  We  have, 
said  Mr.  B.,  arrived  at  that  period  of  our  history, 
as  a  nation,  when  it  behooves  us  to  act  with  the 
greatest  wisdom  and  circumspection.  But  a  few 
years  since  as  a  nation,  we  were  comparatively 


in  a  state  of  infancy ;  wc  were  now,  in  th*  ft 
fldcnce  of  youth,  and  with  the  buoyaiicy  ^f  j 
incident  to  this  period  of  our  existence  i* . 
tion,  abotit  to  enter  on  '  man's  estate.'    |v,  \ 
fid  in  resources,  and  conscious  of  our  stnnH 
let  us  not  forget  the  sacred  obiipations  of  i 
tico  and  good  faith,  which  form  the  indispfJ 
)(lo  basis  of  a  nation's  character— grcatmL  J 
freedom;  and  without  which,  no  pcoj,]^,  j!j 
long  preserve  the  blessings  of  self-froverniria 
Republican  government  was  based  on  tiie  tH 
ciplcs  of  justice  ;  and  for  it  to  be  adminis'j 
on  any  other,  either  in  its  foreign  or  domj 
affairs,  was  to  undermine  its  foundaliun  uujl 
hasten  its  overthrow." 

Mr.  Hives  concurred  in  the  necessitv  f.tr  5 
tion ;  and  said : 

"  This  government  should  act  with  mtli 
tion,  calmness,  and  dignity ;  and,  becaus* ] 
wished  the  Senate  to  act  with  tliat  beconi 
moderation,  calmness,  and  dignity,  whicli  r 
to  characterize  its  deliberations  on  intcrnatii 
subjects,  it  was  his  wish  that  the  subject  ml 
be  referred.    I  f  it  was  postponed,  it  would  cJ 
up  again  for  discussion,  from  mornin;;  to  nu] 
ing,  to  the  exclusion  of  most  of  thi  bus: J 
of  the  Senate,  as  there  was  nothing  to  prtJ 
the  presentation  of  petitions  every  mornin! 
excite  discussion.    It  was  for  the  purpose] 
a\  oiding  these  discussions,  that  he  kIwuIiI^ 
to  refer  it  at  once  to  the  Committee  on  l\,:i 
Relations.    A  prominent  member  of  that  l 
mitteo  had  been  long  and  intimately  acquaiJ 
with  the  subject  of  our  foreign  relatiunsl 
there  were  members  on  it  representing  ali| 
different  sections  of  the  country,  to  whose  cla 
he  believed  the  subject  could  be  safely  com 
ted.    It  would  seem,  from  the  course  of  d^ 
this  morning,  that  gentlemen  supposed  the  a 
tion  of  the  recognition  of  the  independent 
Texas,  or  its  admission  into  this  Union,  wJ 
rectly  before  the  Senate ;  and  some  pcntla 
had  volunteered  their  opinions  in  advanceol 
report  of  the  committee.    He  did  not  vol 
refer  it  to  the  committee  to  receive  its  qui 
but  that  they  might  give  their  views  upc 
nor  did  he  feel  as  if  he  were  called  upon  t 
press  an  opinion  upon  the  propriety  of  the  | 
sure.    It  was  strange  that  senators,  who; 
that  their  opinions  were  made  up,  sliouli^ 
pose  the  reference." 

]Mr.  Niles,  of  Connecticut,  was  entirej 
favor  of  preserving  the  national  faith  invi 
and  its  honor  untarnished,  and  ourselves  I 
the  imputation  of  base  motives  in  our  ff 
conduct  in  relation  to  Texas,  and  said: 

"  This  was  a  case  in  which  this  poven 
should  act  with  caution.    In  ordinary  ai 
this  kind  the  question  was  only  oneof  fac 
was  but  little  calculated  to  compromit  til 
terests  or  honor  of  the  United  States;  hi 


AXXO  1836.    AXDIIEW  JACKSOX,  I'liF^IKKM. 


66? 


fancy ;  wc  were  now.  in  the , 
li,  anil  with  the  huoyancy  of  >pJ 
g  period  of  our  cxisttnec  el* ^  J 
enter  on  '  man's  estate'  I'owJ 
L>H  and  conacioua  of  our  stnni 
p^t  the  Bacrod  oblipntinn^  of  j] 
faith,  which  form  the  iniiispfV 
nation's  character— greatni**  i, 
withont  which,  no  people  c-ij 
the  blessinps  of  Belf-<»vermiiij 
)vcmment  was  based  on  the  fiL 
cc  ;  and  for  it  to  be  administJ 
either  in  its  foreipn  or  domJ 
J  undermine  its  foundatiun  auj| 
srthrow." 

concurred  in  the  necessity  fir  o 
id: 

remment  should  act  with  ni'A 
jss,  and  dignity ;  and,  because 
Senate  to  act  with  that  kcon 
calmness,  and  dignity,  which  on 
ize  its  deliberations  on  intcrnatii 
ivas  his  wish  that  the  subject  t 
If  it  was  postponed,  it  would  ri 
•  discussion,  from  morninKtoi 
exclusion  of  most  of  tht  busii 
ite  as  there  was  nothing  to  prp 
ation  of  petitions  every  momini 
ussion.    It  was  for  the  purpos. 
lese  discussions,  that  he  should 
it  once  to  the  Committee  on  Voi 
r  A  prominent  member  of  that . 
been  long  and  intimately  acquaii 
subject  of  our  foreign  relatiun!,| 
members  on  it  representing  all 
ctions  of  the  country,  to  whose  ch 
I  the  subject  could  be  safely  coi 
ould  seem,  from  the  course  of  d( 
nc  that  gentlemen  supposed  the- 
)  recognition  of  the  independen 
its  admission  into  this  Union,  wi. 
,re  the  Senate  -,  and  some  gcntli 
^red  their  opinions  in  advancso 
the  committee.    He  did  notwl 
the  committee  to  receive  itsqi 
they  might  give  their  views  ui 
)  feel  as  if  he  were  called  upon  ti 
ipinion  upon  the  propriety  of  the 
was  strange  that  senators,  who » 
.  opinions  were  made  up,  shouk 
■eference." 

lea,  of  Connecticut,  was  entire! 
(reserving  the  national  faith  inJ 
mor  untarnished,  and  ourselves! 
tation  of  base  motives  in  our  f  j 
n  relation  to  Texas,  and  said: 

was  a  case  in  which  this  poven 
it  with  caution.    In  ordinary  cal 

the  question  was  only  oneot  li« 
little  calculated  to  compromittM 

.  honor  of  the  United  States  ;bJ 


lotion  m  regard  to  Texas  was  very  different, 
irwtly  more  important.    That  is  a  country 
(„,r  own  l)order8,  and  its  inhr.bitants,  most 
'tbtm.  emigrants  from  the  United  States; 
,  j,|^st  of  the  bravo  men  constituting  its 
«ho  arc  so  heroically  fighting  to  redeem 
■ptxivince,  are  citizens  of  tiie  United  States, 
Ji  have  cngnged  in  this  Ijold  enterprise  as  vo- 
(Prs.    Were  this  government  to  be  precipi- 
in  acknowledging    the    independence  of 
I  ju,  niijrht  it  not  be  exposed  to  a  suspicion 
I  win>»  encouraged  these  enterprises  of  its 
i,(,„s?    There  is  another  consideration  of 
J  iniportnncp.    Should  the  independence  of 
1(1113  be  followed  by  its  annexation  to  the 
/j.;cd  States,  the  reasons  for  suspicions  dero- 
:v  to  *'"'    national  faith   might  be  still 
^nircr.    If  ^vc,  by  our  own  act,  contribute  to 
Lhc  the  constituted  authorities  of  the  pro- 
te  with  the  power  of  sovereignty  over  it, 
itlicn  accept  a  cession  of  the  country  from 
„.  authorities,  might  there  not  be  some  rea- 
fto  charge  us  with  having  recognized  the 
Itpendence  of  the  country  as  a  means  of  getting 
bssion  of  it  ?    These  and  other  considera- 
BS  require  that  this  government  should  act 
J,  caution ;  yet,  when  the  proper  time  arrives 
lill  be  our  duty  to  act,  and  to  act  promptly. 
Ithetrasted  that  all  would  feel  the  impor- 
[  of  preserving  the  national  fnith  and  na- 
il honor.    They  should  not  only  be  kept 
■  but  free  from  injurious  suspicions,  being 
.;  to  be  prized  than  any  extension  of  terri- 
■V,  wealth,  population,  or  other  acquisition, 
ich  enters  into  the  elements  of  national  pros- 
jity  or  power." 

iic  various  memorials  were  referred  to  the 
mittce  on  foreign  relations,  consisting  of  Mr. 
Ij,  Mr.  King  of  Georgia,  Mr.  Tallmadgc,  Mr. 
laim,  and  Mr.  Porter  of  Louisiana ;  v.  iiich 
Ued  early,  and  unanimously,  in  favor  of  the 
jiition  of  the  independence  of   Texas,  as 
Dissatisfactory  information  should  be  re- 
led,  showing  that  she  had  a  civil  government 
nation  capable  of  performing  the  duties 
Ifiilfilling   the    obligations  of  a  civilized 
ler.  In  the  report  which  accompanied  the 
Ution,  its  author,  Mr.  Clay,  said : 

ISentiments  of  sympathy  and  devotion  to 

1  liberty,  which  have  always  animated  the 

kle  of  the  United  States,  have  prompted  the 

|iion  of  the  resolution,  and  other  manifes- 

m  of  popular  feeling  which    have  been 

red  to  the  committee,  recommending  an  ac- 

Irledgment  of  the  independence  of  Texas. 

[committee  shares  fully  in  all  these  senti- 

but  a  wise  and  prudent  government 

lid  not  act  solely  on  the  impulse  of  feeling, 

per  natural  and  laudable  it  may  be.    It 

It  to  avoid  all  precipitation,  and  not  adopt  so 


grave  %  measure  as  that  of  reco^tiizing  the  imliv 
}>endence  of  a  niw  I'owir,  until  it  lui.-i  siiti.'l'ai- 
tory  infonualion,  ami  ii:w  fully  diliU'riitecl. 

'"  The  committee  lias  no  iiifonnatii>n  n'S|H'<>tini» 
the  recent  movements  in  'i'cxn«,  except  such  as 
is  derived  from  the  public  prints.  Aocorilitig 
to  that,  the  war  broke  <nit  in  IVxas  iastuiiluimi. 
Its  professed  object,  like  that  of  our  rovuliuiou- 
ary  contest  in  the  connueiicenieiit,  wa.s  not 
separatiim  and  independence,  but  a  redress  of 
grievances.  In  March  last.  in(le|niidenef  was 
proclaimed,  and  a  constitution  and  form  of  guv 
emment  were  established.  No  ineaiisi  of  ascer- 
taininjT  accurately  the  exact  niiiount  of  the 
population  of  Texas  are  at  tlie  command  of  the 
committee.  It  has  l)een  estimated  at  some  nixly 
or  seventy  thousand  souls.  Nor  are  the  precise 
limits  of  the  country  wliich  passes  under  the 
denomination  of  Texa.s  known  to  the  comuiittee. 
They  arc  probably  not  clearly  detined.  but  they 
are  supposed  to  beextensive,  andsullicienlly  lai  ge, 
when  peopled,  to  form  a  respectable  I'ower." 

Mr.  Southanl  concurred  in  the  views  and  con- 
clusion of  the  report,  but  desired  to  say  a  few 
worfls  in  reply  to  that  part  of  Mr.  Calhoun's 
speech  which  looked  to  the  '•  balance  of  power, 
and  the  perpetuation  of  our  institutions,"  as  a 
reason  for  the  speedy  admission  of  'I'exas  into 
the  Union,  and  .said '. 

"I  should  not  have  risen  to  express  theso 
notions,  if  I  had  not  understood  the  Senator 
from  South  Carolina  [Mr.  Calhoun]  to  declare 
that  he  regarded  the  acknowledgment  of  the  in- 
depence  of  Texas  as  important,  and  principally 
important,  because  it  prepared  the  way  for  the 
speedy  admission  of  that  State  as  a  nauibcr  of 
our  Union;  and  that  he  looked  anxiously  to 
that  event,  as  conducing  to  a  proper  balance  of 
power,  and  to  the  perj)etuation  of  our  institu- 
tions.   I  am  not  now,  sir,  prepareil  to  express 
an  opinion  on  that  question — a  question  which 
all  must  foresee  will  embrace  interests  as  wide 
as  our  Union,  and  as  lasting  in  their  consequen- 
ces as  the  freedom  which  our  institutions  secure. 
When  it  shall  bo  necessarily  presented  to  nie,  1 
shall  endeavor  to  meet  it  in  a  manner  suitablo 
to  its  magnitude,  and  to  the  vital  interests  which 
it  involves ;  but  I  will  not,  on  the  present  reso- 
lution, anticipate  it ;  nor  can  I  permit  an  inference, 
as  to  my  decision  upon  it,  to  be  drawn  from 
the  vote  which  I  now  give.    That  vote  is  upon 
this  resolution  alone,  and  confined  to  it,  founded 
upon  principles  sustained  by  the  laws  of  na- 
tions, upon  the  unvarying  practice  of  our  gov- 
ernment, and  upon  the  facts  as  they  arc  now 
known  to  exist.    It  relates  to  tlie  independence 
of  Texas,  not  to  the  admission  of  Texas  into 
this  Union.    The  achievement  of  the  one,  at  the 
proper  time,  may  bo  justilied;  the  other  may 
be  found  to  be  opposed  by  the  highest  and 
strongest  considerations  of  interest  and  duty. 
I  discuss  neither  at  this  time ;  nor  am  I  willing 


C70 


THIRTY  YEARS'  VIEW. 


that  tlie  roninrks  of  tlic  fionntor  shonld  lead,  in 
or  out  of  this  chnnilx-r.  to  tlie  inference  that  all 
those  who  vote  for  tlie  rcpoliition  concur  with 
Iiini  in  opinion.  The  question  which  he  has 
started  should  be  left  perfectly  open  and  free." 

The  TOto  in  favor  of  the  Resolution  re- 
ported by  Mr.  Clay  was  unanimous — 39  senators 
present  and  voting.  In  the  House  of  Repre- 
Ecntatires  a  similar  resolution  was  rciwrtcd 
from  the  House  Committee  of  foreign  relations, 
Mr.  John  Y.  Mason,  of  Virginia,  chairman;  and 
adopted  by  a  vote  of  113  to  22.  The  nays 
were:  Messrs.  John  Qumcy  Adams,  Heman 
Allen,  Jeremiah  Bailey,  Andrew  Beaumont, 
James  W.  Bouldin,  William  Clark,  Walter 
Coles,  Edwnrd  Darlington,  George  Grennell,  jr., 
Ililand  Hall,  Abner  Hazcltine,  William  Hicstcr, 
Abbott  Lawrence,  Levi  Lincoln,  Thomas  0. 
Love,  John  J.  Milligan,  Dutee  J.  Pearco,  Ste- 
phen C.  Phillips,  David  Potts,  jr.,  John  Reed, 
Diivid  Russell,  William  Slade. 

It  is  remarkable  that  in  the  progress  of  this 
Texas  question  both  Mr.  Adams  and  Mr.  Cal- 
houn reversed  their  positions — the  former  being 
against,  and  the  latter  in  favor,  of  its  alienation 
in  1819 ;  the  former  being  against,  and  the 
latter  in  favor  of  its  recovery  in  183G — '44. — Mr. 
Benton  was  the  lost  speaker  in  the  Senate  in 
favor  of  the  recognition  of  independence ;  and 
his  speech  being  the  most  full  and  carefully 
historical  of  any  one  delivered,  it  is  presented 
entire  in  the  next  chapter ;  and,  it  is  believed, 
that  in  going  more  fully  than  other  speakers  did 
into  the  origin  and  events  of  the  Texas  Revolu- 
tion, it  will  give  a  fair  and  condensed  view  of  that 
remarkable  event,  so  interesting  to  the  American 
people. 


CHAPTER    CXLV. 

TEXAS  INDEPENDEJICE-Mn.  BENTON'S  SPEECH. 

'  Mr.  Benton  rose  and  said  he  should  confine 
himself  strictly  to  the  proposition  presented  in 
the  resolution,  and  should  not  complicate  the 
practical  question  of  recognition  with  specula- 
tions on  the  future  fate  of  Texas.  Such  specu- 
lations could  have  no  good  effect  upon  either  of 
the  countries  interested;  upon  Mexico,  Texas, 
or  the  United  States.  Texas  has  not  asked  for 
admission  into  this  Union.    Ucr  independence 


is  still  contested  by  Jlexico.    Her  bound 
and  other  important  points  in  htr  [loliticai 
dition,  are  not  yet  adjuste*!.    To  fiisciij!, 
question  of  her  admission  into  .his  Union  i 
these  circumstonccs,  is  to  treat  her  with  d  < 
spect,  to  embroil  ourselves  with  Jlcxico.  to  n\ 
promise  the  disinterestedness  of  our  motivKl 
the  eyes  of  Europe ;  and  to  start  among  ours;.], 
prematurely,  and  without  reason,  a  qu^ii 
which,  whenever  it  comes,  cannot  he  witld. 
its  own  intrinsic  dilTiculties  and  perplexiticil 
"  Since  the  three  months  that  tlie  afTairj  f 
Texas  have  been  the  subject  of  repeated  dW 
sion  in  this  chair .:>er,  I  have  imposed  on  mvs 
a  reserve,  not  the  effect  of  want  of  feclinj  1 
the  effect  of  strong  feeling,  and  some  judr 
combined,  which  has  not  permitted  mc  to 
utterance  to  the  general  expression  of  niv 
timents.    Once  only  have  I  spoken,  and  thatl 
the  most  critical  moment  of  the  contest  i 
when  the  reported  advance  of  the  Mesid 
upon  Nacogdoches,  and  the  actual  mo\';nieiiy 
General  Gaines  and  our  own  troops  in 
rection,  gave  reason  to  apprehend  the  cncoud 
of  flags,  or  the  collision  of  arms,  which  mil 
compromise  individuals  or  endanger  the  i 
of  nations.   It  was  then  that  I  used  those  woi 
not  entirely  enigmatical,  and  which  have  sij 
been  repeated  by  some,  without  the  lirtfiil 
their  important  qualifications,  namely;  that  ^1 
neutrality  was  the  obvious  line  of  our  dutv  [ 
of  our  interest,  yet  there  might  be  eiHergtm 
in  which  the  obligation  of  duty  could  have| 
force,  and  the  calculations  of  interest  could  li 
no  place ;  when,  in  fact,  a  man  should  havel 
head  to  think !  nothing  but  a  heart  to  feel!  j 
an  arm  to  strike !  and  I  illustrated  this  i 
ment.    It  was  after  the  affair  of  Goliad, 
imputed  order  to  unpeople  the  country,  i 
the  supposititious  case  of  prisoners  assass: 
women  violated,  and  children  slaughtered; 
these  horrors  to  be  perpetrated  in  the  prtsJ 
or  hearing  of  an  American  army.  In  such  a  j 
I  declared  it  to  be  my  sentiment — and  I  no« 
peat  it,  for  I  feel  it  to  be  in  me — in  such  a  a 
I  declared  it  to  be  my  sentiment,  that  tre 
wore  nothing,  books  were  nothing,  laws  i 
nothing!  that  the  paramount  law  of  God  I 
nature  was  every  thing !  and  that  the  Amtij 
soldier,  hearing  the  cries  of  helplessness] 
weakness,  and  remembering  only  that  he  v 
man,  and  bom  of  woman,  and  the  &therof  J 


ANNO  1836.    ANDREW  JACKSON.  rRI>;inENT. 


871 


:cd  by  ^Icxico.    ITer  bound 
artant  points  in  htr  i>olitical 
t  yet  adju8tc<l.    To  d'ncnw 
r  admission  into  .his  Union  un 
tanccs,  is  to  treat  her  with  di 
•oil  ourselves  with  Mexico,  to  n. 
isintcrestcdncss  of  our  motivt, 
iropc ;  and  to  start  among  oiirnl 
and  without  reason,  a  quwti 
ever  it  comes,  cannot  be  «iili^ 
tioic  difficulties  and  perplcxitiw. 
three  months  that  the  affairs 
)cen  the  subject  of  repeated  dL 
lhair.'Jer,  I  have  imposed  on  my 
)t  the  effect  of  want  of  feclins, 
strong  feeling,  and  some  judji 
•hich  has  not  permitted  me  to 
I  the  general  expression  of  my 
nee  only  have  I  spoken,  and  thil 
iritical  moment  of  the  contest, 
reported  advance  of  the  Mcxi 
•doches,  and  the  actual  nio\';mcn 
lines  and  our  own  troops  in  thai 
re  reason  to  apprehend  the  cncoui 
the  colUsion  of  arms,  which  m 
0  individuals  or  endanger  the 
It  was  then  that  I  used  those  woi 
y  enigmatical,  and  which  have  si^ 
ted  by  some,  without  the  jirefix 
•Unt  qualifications,  namely;  that  w 
was  the  obvious  line  of  our  duty 
erest,  yet  there  might  be  enierpi 
he  obligation  of  duty  could  have 
the  calculations  of  interest  could' 
when,  in  fact,  a  man  should  havel 
ink !  nothing  but  a  heart  to  foel! 
strike !  and  I  illustrated  this 
was  after  the  affair  of  Goliad,  and 
>rder  to  unpeople  the  country, 
sititious  case  of  prisoners  assass; 
)lated,  and  children  slaughtorcd; 
rors  to  be  perpetrated  in  the  prw 
;  of  an  American  army.  In  such  a 
it  to  be  my  sentiment-and  I  m 
r  I  feel  it  to  be  in  me— in  such  a 
1  it  to  be  my  sentiment,  that  t 
.iing,  books  were  nothing,  laws 
[that  the  paramount  law  of  God 
18  every  thing !  and  that  the  Amei 
[earing  the  cries  of  helplessness 
and  remembering  only  that  hen 
[born  of  woman,  and  the  fotherof 


ihotil'l  fly  to  ^^^  rescue,  and  strike  to  pro- 
the  pcrpotration  of  crimes  which  shock  hu- 
itran'i  dishonor  the  ape.     I  uttered  this 
"imcnt  not  upon  impulsion,  but  with  consid- 
ii.n;  not  for  theatrical  effect,  but  a.s  a  nilc 
Ktion ;  not  as  vague  declamation,  but  with 
,ve  to  possible  or  probable  evcnt.s,  and  with  a 
.f  to  the  public  justification  of  General  Gaines 
liis  men,  if,  under  circumstances  appalling 
iiumanity,  they  should  nobly  resolve  to  obey 
impulsions  of  the  heart  instead  of  coldly  con- 
0<r  the  musty  leaves  of  books  and  treaties. 
•  Bevond  this  I  did  not  go,  and,  except  in  this 
^  I  do  not  speak.    Duty  and  interest 
ribcd  to  the  United  States  a  rigorous  ncu- 
itv  •  and  this  condition  she  has  faithfully  ful- 
Our  young  men  have  gone  to  Texas  to 
(.  but  they  have  gone  without  the  sanction 
ic  laws,  and  against  the  orders  of  the  Gov- 
,ent.    They  have  gone  upon  that  impulsion 
h.  in  all  time,  has  carried  the  heroic  youth 
ill  ages  to  seek  renown  in  the  perils  and  glo- 
of  distant  war.    Our  foreign  enlistment  law 
)0t  repealed.    Unlike  England,  in  the  civil 
now  raging  in  Spain,  we  have  not  licensed 
rcnce  by  repealing  our  penalties :  we  have 
stimulated  action  by  withdrawing  obsta- 
Ko  member  of  our  Congress,  like  General 
in  the  British  Parliament,  has  lefl  his 
to  levy  troops  in  the  streets  of  the  metrop- 
uid  to  lead  them  to  battle  and  to  victory  m 
Imd  torn  by  civil  discord.    Our  statute 
it  armaments  to  invade  friendly  powers  is 
ill  force.    Proclamations  have  attested  our 
itnl  dispositions.    Prosecutions  have  been 
icd  ai^inst  violators  of  law.    A  naval  force 
gulf,  and  a  land  force  on  the  Sabine,  have 
directed  to  enforce  the  policy  of  the  gov- 
int;  and  so  far  as  acts  have  gone,  the  ad- 
m  has  been  on  the  side  of  Mexico ;  for 
Texian  armed  schooner  Invincible  has  been 
;ht  into  an  American  port  by  an  American 
of  war.    If  parties  and  individuals  still  go 
'exas  to  light,  the  act  is  particular,  not  na- 
I,  compromising  none  but  the  parties  them- 
and  may  take  place  on  one  side  as  well 
the  other.  The  conduct  of  the  administra- 
has  been  strictly  neutral ;  and,  as  a  friend 
i  administration,  and  from  my  own  con- 
,  I  have  conformed  to  its  policy,  avoid- 


Ithe  language  which  would  irritate,  and  op- 
:  the  acts  which  might  interrupt  pacific 


and  commercial  rommunir.Ttinnn.    Mi'xico  i«oiif 
ncarci't  nei-rhlKtr,  divi'lini;  with  n.'<  the  rontiwnt 
of  North  Amerirn,  and  possosin^  the  elements 
of  a  great  power.     Our  binin'liincs  arc  ro-ler- 
minous  for  nioro  than  two  tbousaiiil  luili's.    Wo 
have  inlari'l  nnd  maritime  conimercp.     She  hnn 
mines;  we  have  shipo.     Ocnr.ial  ron-i'Icration-* 
impose  upon  each  power  the  dntii's  of  reciprocal 
friendship ;  especial  indiiremeuts  invito  un  to 
uninterrupted  commercial  iiiti-rroursp.     A*  a 
western  senator,  coming  from  the  banks  of  the 
Mississippi,  nnd  from  the  .'^tntc  of  Missouri,  I 
cannot  be  blind  to  the  consequences  of  inter- 
nipting  that  double  line  of  inland  nnd  niaritinio 
commerce,  which,  stretching  to  the  mines  of 
Mexico,  brings  back  the  perennial  supply  of 
solid  money  which  enriches  the  interior,  nnd 
enables  New  Orleans  to  ptmrhasc  the  vast  nccu- 
mulation  of  agricultural  produce  of  which  she 
is  the  emporium.     Wonderful  arc  the  workings 
of  commerce,  nnd  more  apt  to  find  out  its  own 
proper  channels  by  its  own  operations  than  to 
be  guided  into  them  by  the  hand  of  legislation. 
New  Orleans  now  is  what  the  Havana  once  was 
— the  entrepot  of  the  Mexican  trade,  and  the 
recipient  of  its  mineral  wealth.    The  superficial 
reader  of  commercial  statistics  would  say  that 
Mexico  but  slightly  encourages  our  domestic 
industry ;  that  she  takes  nothing  from  our  ag- 
riculture, and  but  little  from  our  manufactures. 
On  the  contrary,  the  close  observer  wotdd  see  a 
very  different  picture.    lie  would  see  the  pro- 
ducts of  our  soil  passing  to  all  the  countries  of 
Europe,  exchanging  into  fine  fabrics,  and  these 
returning  in  the  ships  of  many  nations,  our  own 
predominant,  to  the  city  of  New  Orleans ;  and 
thence  going  off  in  small  Mexican  vessels  to 
Matamoros,  Tampico,  Vera  Cruz,  and   ther  ^lex- 
ican  ports.    The  return  from  these  ports  is  in 
the  precious  metals ;  and,  to  confine  myself  to 
a  single  year,  as  a  sample  of  the  whole,  it  may 
be  stated  that,  of  the  ten  millions  nnd  three 
quarters  of  silver  coin  and  bullion  received  in 
the  United  States,,  according  to  the  custom-house 
returns  during  the  least  year,  eight  millions  and 
oue  quarter  of  it  came  from  Jlexico  alone,  and  the 
mass  of  it  through  the  port  of  New  Orleans.  This 
amount  of  treasure  is  not  received  for  nothing, 
nor,  as  it  would  seem  on  the  commercial  tables, 
for  foreign  fabrics  unconnected  with  American 
industry,  but,  in  reality,  for  domestic  produc- 
tions changed  into  foreign  fabrics,  and  giving 


C72 


TlIlinY  YKARS-  VIKW. 


doublo  cini>loyincnt  to  the  navigation  of  the 
covnitry.  New  Orleans  has  taken  the  place  of 
the  lluvann;  it  hafl  Ix-come  tlio  entrepot  of  this 
trade  ;  and  many  circumstances,  not  directwl  by 
law,  or  even  known  to  law  Rivers,  liavo  combined 
to  produce  the  result.  First,  thb  application  of 
^tL'ani  power  to  thepropulsionof  vessels,  which, 
iii  the  form  of  tovvboats,  has  giveu  to  a  river 
city  a  prompt  and  facile  communication  with  the 
seu ;  then  the  arl vantage  of  full  and  assorted 
car;40cs,  which  l)rinp;s  the  importing  Tcssel  to  a 
point  where  slio  delivers  freight  for  two  differ- 
ent empires ;  then  the  marked  advantage  of  a 
return  carj;o,  with  cheap  and  abundant  supplies, 
which  are  always  found  in  the  grand  emporium 
of  the  great  West ;  then  the  discriminating  du- 
ties in  ilexican  ports  in  favor  of  Mexican  vessels, 
which  makes  it  advantageous  to  the  importer  to 
stop  and  transship  at  New  Orleans ;  finally,  our 
enterprise,  our  police,  and  our  free  institutions, 
our  perfect  security,  under  just  laws,  for  life, 
liberty,  person  and  property.  These  circum- 
stances, undirected  by  government,  and  without 
the  knowledge  of  government,  have  given  to 
Now  Orleans  the  supremo  advantage  of  being 
the  entrepot  of  the  Mexican  trade ;  and  have 
presented  the  unparalleled  spectacle  of  the  no- 
blest valley  in  the  world,  and  the  richest  mines 
in  the  world,  sending  their  respective  products 
to  meet  each  other  at  the  mouth  of  the  noblest 
river  in  the  world ;  and  there  to  create  in  lapse 
of  time,  the  most  wonderful  city  which  any  age 
or  country  has  ever  beheld.  A  look  upon  the 
map  of  the  great  West,  and  a  tolerable  capacity 
to  calculate  the  r^gregate  of  geographical  ad- 
vantages, must  impress  the  beholder  with  avast 
opinion  of  the  future  greatness  of  New  Orleans ; 
but  he  will  only  look  upon  one  half  of  the  pic- 
ture unless  he  contemplates  this  new  branch  of 
trade  which  is  making  the  emporium  of  the 
Mississippi  the  entrepot  of  Mexican  commerce, 
and  the  recipient  of  the  Mexican  mines,  and 
which,  though  now  so  great,  is  still  in  its  in- 
fancy. Let  not  government  mar  a  consumma- 
tion so  auspicious  in  its  aspect,  and  teeming 
•with  so  many  rich  and  precious  results.  Let 
no  unnecessary  collision  with  Mexico  interrupt 
our  commerce,  turn  back  the  streams  of  three 
hundred  mines  to  the  Havana,  and  give  a  wound 
to  a  noble  city  which  must  be  felt  to  the  head- 
spring and  source  of  every  stream  that  pours 
its  tribute  into  the  Kmg  of  Floods. 


"Thus  far  Mexico  has  no  cause  of 


'''>m]i[ 


The  conduct  of  our  government  has  \^.j^  ,1, 
of  rigorous  neutrality.    The  present  motion,] 
not  depart  from  that  lino  of  conrlnct-  r, 
proposed  recognition  is  not  only  contingent  \m 
the  (fe  facto  independence  of  Texas,  but  it  rj 
lows  in  the  train,  and  conforms  to  tiic  spip,;, 
the  actual  arrangements  of  the  President  (;n<4 
Santa  Anna,  for  the  complete  sepamtion  of 
two  countries.    AVe  have  authentic  infommi 
that  the  President  General  has  agreed  tol 
armistice ;  that  he  has  directed  the  ivaouij 
of  the  country ;  that  the  Mexican  army  [i] 
full  retreat;  that  the  Rio  Grande, a  limit  1 
beyond  the  discovery  and  settlement  of  U  Sji 
in  1084,  is  the  provisional  boundary;  ami  4 
negotiations  are  impending  for  the  establisliJ 
of  peace  on  the  basis  of  separation.    Jfcxjco  | 
had  the  advantage  of  these  arrangement!*,  thoj 
made  by  a  captive  chief,  in  the  unmolested] 
treat  and  happy  extrication  of  her  troops  fJ 
their  perilous  position.    Under  these  cin 
stances,  it  can  be  no  infringement  of  neutnll 
for  the  Senate  of  the  United  States  to  adni 
resolution  for  the  contingent  and  qualified  1 
knowledgment  of  Tcxian  independence.  It 
after  the  adoption  of  the  resolution,  it  v\\\ 
main  inoperative  upon  the  hands  of  the  Pi^ 
deut  until  ho  shall  have  the  satisfactory  iij 
mation  which  shall  enable  him  to  act  with 
detriment  to  any  interest,  and  without  infj 
tion  of  any  law.  - 

"  Even  without  the  armistice  and  provkij 
treaty  with  Santa  Anna,  I  look  upon  the  sew 
tion  of  the  two  countries  as  being  in  the  £ 
order  of  events,  and  absolutely  certain  to  I 
place.  Texas  and  Mexico  are  not  formedl 
union.  They  are  not  homogeneous.  IsJ 
of  Texas  as  known  to  La  Salle,  the  bay  ofl 
Bernard — (Matagorda) — and  the  waters  wif 
belong  to  it,  being  the  western  boundary, 
do  not  belong  to  the  same  divisions  of  coui^ 
nor  to  the  same  systems  of  commerce,  m 
the  same  pursuits  of  business.  They  hard 
affinities — no  attractions — no  tendencies  to  I 
lesce.  In  the  course  of  centuries,  and  1 
Mexico  has  extended  her  settlements  infiGij 
further  in  other  directions — to  the  head  ofl 
Rio  Grande  in  the  north,  and  to  the  bay  cf I 
Francisco  in  the  northwest ;  yet  no  setileif 
had  been  extended  east,  along  the  ncighb 
coast  of  the  Gulf  of  Mexica    The  rich  asd^ 


ANNO  1836.     ANDREW  JACK.SON,  rUFSIDF.NF. 


C73 


Icxiro  lias  no  cause  of  cc,^,\^J 
)f  otir  govurnmcnt  lias  ticin \\ 
itnility.    The  prcRont  inolion  d 
om  that  lino  of  con'luct;  f.r 
pnition  is  not  only  conlinpent  n 
ndcpcndenco  of  Texas,  but  it  U 
ain,  and  conforms  to  the  spirit 
MiRemcnts  of  the  President  fltm 
for  the  complete  separation  ui 
8.    We  have  authentic  infornnti 
L^sidcnt  General  has  nprccd  to 
liat  ho  has  directed  the  ivaniati 
ry ;  that  the  Mexican  army  ij 
that  tho  Rio  Grande,  a  limit 
liscovcry  and  Bettlement  of  La  R: 
he  proviaional  boundary;  an<l  tl 
I  arc  impending  for  the  estallisln 
the  basis  of  separation.    Mexico 
mtage  of  these  arrangements,  thoi 
japtive  chief,  in  the  unmolested 
lappy  extrication  of  her  troops  ft 
BUS  position.    Under  thes«  cii 
:an  be  no  infringement  of  ncm 
late  of  tho  United  States  to  ado] 
for  the  contingent  and  qualified 
lent  of  Tcxian  independence.  Ei 
loption  of  tho  resolution,  it  w 
rative  upon  the  hands  of  the  Pi 
ho  shall  have  the  satisfactory  ii 
ich  shall  enable  him  to  act  vrill 
to  any  interest,  and  without  inf 

r  law.  - 

rithout  the  armistice  and  provisi 
Santa  Anna,  I  look  upon  the  sc] 
two  countries  as  being  in  the 
vents,  and  absolutely  certain  to 
xas  and  Mexico  are  not  formed 
hey  are  not  homogeneous,  hj 
„  known  to  La  Salle,  the  bay  ol 
(Matagorda)— and  the  waters  wl 
it,  being  tho  western  boundary, 
long  to  the  same  divisions  of  coui 
same  systems  of  commerce,  m 
pursuits  of  business.    They  ban 
-no  attractions— no  tendencies  toi 

the  course  of  centuries,  and 

,8  extended  her  settlements  infini 

other  directions— to  the  hcadotj 

do  in  tho  north,  and  to  the  bay  otl 

in  the  northwest;  yet  no  settle 

extended  east,  along  the  ncigW 

he  Gulf  of  Mexica    The  rich  and 


uid  sugar  landa  of  Teza.<*,  thougii  at  the 
lor  of  Mexico,  yet  requiring  the  applica- 
,f » laborious  industry  to  make  them  pro- 
have  presented  mo  temptation   to  the 
<t  ami  pastoral  population  of  that  empire. 
„,,„  this  beautiful  agrictiltural  and  plantm^ 
,„  iiad  lain  untouched.    Within  a  few  years, 
bT  another  race,  its  settlement  has  begim  ; 
Jtiic  presence  of  this  race  has  not  smoothed, 
jjjjrtascd,  the  obstacles  to  union  presented  by 
Sooner  or  later,  separation  would  be  in- 
alile  •  and  tho  progress  of  human  events  has 
leratcd  the  operation  of  natural  cauecs.    Go- 
Imstorn  Texas  from  Mexico;  Goliad  has 
independence ;  San  Jacinto  has  sealed  it ! 
It  the  ma.ssacro  decreed,  the  victory  has  seal- 
fjnd  the  day  of  the  martyrdom  of  prisoners 
[for  ever  be  regarded  as  the  day  of  disunion 
fjtn  Texas  and  Mex  ico.    I  speak  of  it  politi- 
f  cut  morally ;  that  massacre  was  a  great 
itical  blunder,  a  miscalculation,  on  error,  and 
istike.    It  was  expected  to  put  an  end  to 
itince  to  subdue  rebellion,  to  drown  revolt 
lood,  and  to  extinguish  aid  in  terror.    On 
[contrary,  it  has  given  life  and  invincibility 
cause  of  Texas.    It  has  fired  the  souls  of 
(OTD  citizens,  and  imparted  to  their  courage 
tnergics  of  revenge  and  despair.    It  has 
to  her  tho  sympathies  and  commiseration 
ke  civilized  world.    It  has  given  her  men 
Imoney,  and  claims  upon  the  aid  and  a  hold 
I  the  sensibilities  of  the  human  race.    If  the 
gle  goes  on,  not  only  our  America,  but 
will  send  its  chivalry  to  join  in  the  con- 
I  repeat  it ;  that  cruel  morning  of  the 
),  and  that  black  day  of  Goliad,  were  great 
il  faults.    The  blood  of  the  martyr  is  the 
|of  the  church.    The  blood  of  slaughtered 
Its  is  the  dragon's  teeth  sown  upon  the 
from  which  heroes,  full  grown  and  armed, 
linto  life,  and  rush  into  battle.    Often  will 
Mexican,  guiltless  of  that  blood,  feel  the 
American  steel  for  the  deed  of  that  day, 
war  continues.    Many  were  the  innocent 
^r'nto,  whose  cries,  in  broken  Spanish, 
ig  Goliad  and  the  Alamo,  could  not  save 
devoted  lives  from  the  avenging  remem- 
of  the  slaughtered  garrison  and  the  mas- 
prisoners. 

Uappy  day,  for  ever  to  be  deplored,  that 
ly  morning,  March  6, 1836,  when  the  un- 
ed  garrison  of  the  Alamo,  victorious  in  so 

lYoL.  I.— 43 


many  asuaults  over  twenty  timctt  their  number 
perished  to  tho  last  man  by  the  handd  'if  those, 
part  r         uii  they  had  ndoaxed  on  pni«iU>  two 
months    ifiirt',  leaving  not  one  to  tell  how  they 
first  dealt  out  to  multitudes  that  death  which 
they  themselves  tinally  nciived.     Unlmppy  day 
that   Pulin   Simdny,  March  '27,  when  the  live 
hundred  and  twelve  prisoners  at  (inlind,  issuin?; 
from  the  sally  port  at  dawn  of  duy,  one  by  one, 
under  the  cruel  delusion  of  a  return  to  their 
families,  found  themselves  enveloped  in  double 
files  of  cavalry  and  infantry,  marched  to  a  spot 
fit  for  the  perpetration  of  the  horrid  deed — and 
there,  without  an  instant  to  think  of  parents, 
country,  friends,  and  God— in  tho  midst  of  the 
consternation  of  terror  and  surprise,  were  in- 
humanly set  upon,  and  pitilessly  put  to  death, 
in  spito  of  those  moving  cries  which  reached  to 
heaven,  and  regardless  of  those  supplicating 
hands,  stretched  forth  for  mercy,  from  which 
arms  had  been  taken  under  the  perfidious  forms 
of  a  capitulation.    Five  hundred  and  six  perish- 
ed that  morning — young,  vigorous,  brave,  sons 
of  respectable  families,  and  the  pride  of  many  a 
parent's  heart — and  their  bleeding  bodies,  torn 
with  wounds,  and  many  yet  alive,  were  thrown 
in  heaps  upon  vast  fires,  for  the  flames  to  con- 
sume what  the  steel  had  mangled.   Six  only  es- 
caped, and  not  by  mercy,  but  by  miracles.    And 
this  was  the  work  of  man  upon  his  brother ;  of 
Christian  upon  Christian ;  of  those  upon  those 
who  adore  the  same  God,  invoke  the  some  hea- 
venly benediction,  and  draw  precepts  of  charity 
and  mercy  from  the  same  divine  fountain.    Ac- 
cursed be  the  ground  on  which  the  dreadful  deed 
was  done !    Sterile,  and  set  apart,  let  it  for  ever 
be '.    No  fruitful  cultivation  should  ever  enrich 
it ;  no  joyful  edifice  should  ever  adorn  it ;  but 
shut  up,  and  closed  by  gloomy  walls,  the  mourn- 
ful cypress,  the  weeping  willow,  and  the  Inscrip- 
tive monument,  should  for  ever  attest  the  foul 
deed  of  which  it  was  the  scene,  and  invoke  from 
every  passenger  the  throb  of  pity  for  the  slain, 
and  the  start  of  horror  for  the  slayer.    And  you, 
neglected  victims  of  the  Old  Mission  and  San 
Patricio,  shall  j'ou  be  forgotten  because  your 
numbers  were  fewer,  and  your  hapless  fate  more 
concealed  ?    No !  but  to  you  also  justice  shall 
be  done.     One   common  fate  befell  you  all; 
one  common  memorial  shall  perpetuate  your 
names,  and  embalm  your  memories.  Inexorabk 
lustory  will  sit  in  judgment  upon  all  cavicerafid, 


C74 


THIRTY  YEARS'  VIKW. 


tnd  will  iTJcct  tho  pica  of  poTcrnmcnt  ordcn, 
uvcn  if  thoKC  onlorR  emanated  from  the  f^ovcrn- 
mcnt,  instead  of  U-inK  dictated  to  it.  The  French 
National  Convention,  in  1703,  ordered  all  tho 
Knp;li8li  prisoncrH  who  Hhould  \>c  taken  in  battle 
to  bo  put  to  death.     The  French  amiicH  rcfiiHed 
to  excciito  tho  decn-o.      They  onHwercd,  that 
French  Holdicrs  were  the  protectors,  not  the  assas- 
fins  of  prLioners  ;  and  all  France,  all  Europe,  the 
whole  civilized  world,  applauded  tho  noble  reply. 
•'  But  let  us  not  forpet  that  there  is  Homo  relief 
to  thi.s  Mack  and  bloody  picture — some  allevia- 
tion to  tho  horror  of  its  appalling  features. 
There  was  humanity,  as  well  as  cniclty,  at  Go- 
liad— humanity  to  dcploro  what  it  could  not 
prevent.    Tho  letter  of  Colonel  Fernandez  docs 
honor  to  tho  human  heart.     Doubtless  many 
other  offlccrs  felt  and  mourned  liko  him,  and 
spent  the  day  in  unavailing  regrets.   Thi  ladies, 
Losoro  and  others,  of  Matamoros,  paving  tho 
doomed  victims  in  that  city,  from  day  to  day, 
by  their  intercessions,  appear  like  mi-iistering 
angels.    Several  public  journals,  and  many  in- 
dividuals, in  Mexico,  have  giren  vent  to  feelings 
worthy  of  Christians,  and  of  tho  civilization  of 
the  ago ;  and  the  poor  woman  on  tho  Gauda- 
loupo,  who    succored   and    saved    the   young 
Georgian  (Hadaway),  Low  nobly  she  appears ! 
lie  was  one  of  the  fe  .7  (hat  escaped  the  fate  of 
the  Georgia  battalion  sent  Ui  tho  Old  Mission. 
Overpowered  by  famine  and  despair,  without 
arms  and  without  comrades,  he  entered  a  soli- 
tary house  filled  with  Mexican  soldiers  hunting 
the  fugitives  of  hia  party.    His  action  amazed 
them ;  and,  thinking  it  a  snare,  they  stepped  out 
to  look  for  the  armed  body  of  which  he  was 
supposed  to  be  the  decoy.    In  that  instant  food 
was  given  him  by  the  humane  woman,  and  in- 
stant flight  to  the  swamp  was  pointed  out.    He 
fled,  receiving  the  fire  of  many  guns  as  ho  went ; 
and,  escaping  tho  perils  of  the  way,  the  hazards 
of  battle  at  San  Jacinto,  where  he  fought,  and 
of  Indian  massacre  in  the  Crook  nation,  when 
the  two  stages  were  taken  and  part  of  his 
travelling  companions  killed,  he  lives  to  publish 
in  America  that  instance  of  devoted  humanity 
in  the  poor  woman  of  the  Gaudaloupe.    Such 
acts  as  all  these  deserve  to  be  commemorated. 
They  relieve  "tlie  revolting  pictuie  of  military 
barbarity — soften  the  resentments  of  nations — 
and  redeem  a  j>copl£  from  the  ofience  of  uidi> 
riduals. 


" Great  JM  tho  mintnke  nhich  luw  |)r»T»iU 
Mexico,  and  in  Honio  piirtH  of  the  luit,,]  >,.  J 
on  tho  character  of  the  population  «i„fL 
gone  to  Texas.     It  hni-   l>cin  coniiii„n  lo ,] 
I«raf(c  and  to  stifimatizo  thorn.    Noii,|,,„ 
bo  nioro  unjust ;  and,  i«|)oakin;^  fn.m  kiio"v|^u 
either  iwrHimiilly  or  well  a  fjiiirod  (for  „  J 
to  my  lot  to  know,  either  from  ottuul  arn  „J 
ancc  or  pood  information,  tho  masH  of  it,,  |,|i^ 
tants),  I  can  vindicate  them  from  orr<.ncou< 
putations,  and  place  their  conduct  and  chaf, 
on  the  honorable  ground  which  tiiey  llts(.|.^  ■ 
occupy.    The  founder  of  the  Texian  col,!,,-  ^ 
Mr.  Moses  Austin,  a  respectable  and  entiriril 
native  of  Connecticut,  and  largely  eiipirnij] 
the  leod  mines  of  Upper  Louisiana  when  1  J 
to  tho  Territory  of  Missouri  in  1815.   i\. 
sent  head  of  tho  colony,  his  son,  Mr,  Sttn. 
F.  Austin,  then  a  very  young  man,  was  a  J 
ber  of  the  Territorial  Legislature,  dislinpiiJ 
for  his  intelligence,  business  habits,  811(1^.111 
manly  conduct.    Among  tho  grantcci  vc 
tinguish  tho  name  of  Robertson,  soa  of 
patriarchal  founder  and  first  settler  of  w 
Tennessee.    Of  the  body  of  tho  emigrants  l 
of  them  are  heads  of  families  or  entcrrirlL 
young  men,  gone  to  better  their  condition  lil 
ceiving  grants  of  fine  land  in  a  fine  climate,/ 
to  continue  to  live  under  the  republican  fun, 
government  to  which  they  had  been  accustod 
There  sits  one  of  them  (pointing  to  Mr,  Caii 
late  member  of  Congress  from  North  Carol 
and  now  Secretary  of  State  for  Texas).  Wi 
know  him ;  our  greetings  on  his  appcarancj 
this  chamber  attest  our  respect ;  and  sucli 
we  know  him  to  be,  bo  do  I  know  the  multij 
of  those  to  be  who  have  gone  to  Texas, 
have  gone,  not  as  intruders,  but  as  gractj 
and  to  become  a  barrier  between  the  Meji( 
and  the  marauding  Indians  who  infested  1 
borders. 

"  Heartless  is  tho  calumny  invented  and  1 
pagated,  not  from  this  floor,  but  elscwhen 
the  cause  of  the  Texian  revolt.    It  is  said  t 
a  war  for  the  extension  of  slavery.   It 
well  be  said  that  our  own  Revolution  was  J 
for  the  extension  of  slavery.    So  far  froiT 
that  no  revolt,  not  even  our  own,  ever  1 
more  just  and  a  more  sacred  origin.   Tbel 
tiers  in  Texas  wont  to  live  under  the  foij 
government  which  they  had  left  behind  inl 
United  States— a  government  which  cxteaif 


10  mintake  k\\u'U  Jias  pretaiUl  1 
J  Honie  piirtH  of  ihf  luitwl  S14J 
tcr  of  the  jiopiilation  wlurh 
»,    It  Im'   l»ci:n  ciinniinn  to  iij 
stipmatizc  thtm.    Notliln; 
«t ;  and,  niwukin'?  fifnn  kiidw'.ej 
iiUy  or  well  a  quintl  (for  it  J 
know,  eithor  from  aituul  M.m,j 
information,  the  ma^H  df  its  n,! 
vindicate  them  from  errinecjmi 
il  place  their  conduct  and  chap 
•able  ground  which  tliey  lUscnsi 
0  founder  of  the  Tcxian  colmyv 
UBlin,  a  rcppcctablo and entitiriji 
onnocticut,  and  largely  mpv:M 
,08  of  Upper  Louisiana  when  1 A 
tory  of  MiKBOuri  in  1815.   Tlii.| 
f  the  colony,  his  son,  Mr.  i;tt| 
hen  a  very  young  man,  was  a  i 
[erritorial  Legislature,  distinpiisl 
[ligence,  business  habits,  ami  pcnj 
luct.    Among  the  grantees  vc 
10  name  of  Robertson,  so.t  of  1 
founder  and  first  settler  of  \v| 
Of  the  body  of  the  emigrantii,ii 
re  heads  of  families  or  ciitcqirij 
gone  to  better  their  condition  U 
niB  of  fine  land  in  a  fine  climate,  j 
to  live  under  the  republican  fun 
t  to  which  they  had  been  accustoi^ 
one  of  them  (pointing  to  Mr.  Cn 
er  of  Congress  from  North  Carol 
ecretary  of  State  for  Texas).  M 
,  our  greetings  on  his  appcanmcl 
j'er  attest  our  respect  5  and  eucII 
lim  to  be,  so  do  I  know  the  multilj 
be  who  have  gone  to  Texas, 
not  as  intruders,  but  as  graiitj 
I'omc  a  barrier  between  the  M«ij 
arauding  Indians  who  infested ' 

ie-ss  is  the  calumny  invented  and 
,ot  from  this  floor,  but  elsewher 
of  the  Texian  revolt.    It  is  said 
the  extension  of  slavery.   It 
id  that  our  own  Revolution  wasjj 
^tension  of  slavery.    So  far  froi 
svolt,  not  even  our  own,  ever 
,  and  a  more  sacred  origin.  Thej 
.'exaswcnt  to  live  under  thefoi 
nt  which  they  had  left  behind  id 
lates— a  government  which  cxtenf 


ANNO  l«3rt.     ANItltF.W 

piurtnfr**  for  lifo,  liUrty.  property,  and 
p.r,nil  of  liflppinofP,  and  w  hirh  thfir  Amor- 
,[,d  Knplich  anrcstorn  had  vindirnled  for 
"  „y  hundred  years.   A  sncrcsoion  of  violent 
n  in  povernment,  and  the  rapid  overthrow 
r  ifP^  annoyed  and  distreswd   them  ;  but 
rrmained  tranquil   under  every  violence 
th  did  not  immediately  bear  on  themselvew. 
Ij22thc  republic  of  1821  wa.s  Kupercedefl  by 
ijnrcrisl  diadem  of  Iturbide.     In  182.T  he 
idoposed  and  banished,  returned  Rn'l  was 
ind  Victoria  made  Preoident.    Mentu:^o 
Bravo  disputed   the  presidency  with  Vic- 
i<  and  found,  in  banishment,  tiio  mildest 
known  among  Klcxicans  to  imsuccessful 
Mwar.    Pedrazawas  elected  in  1828;  fJucr- 
I  overthrew  him  the  next  year.    Then  Bus- 
jte  overthrew  Guerrero;    and,  quickly, 
Anna  overthrow  Bustamente,  and,  with 
ill  the  forms  of  the  constitution,  and  the 
We  frame  of  the  federative  government.    By 
jomwill,  and  by  force,  Santa  Anna  dissolved 
[(listing  Congress,  convened  another,  formed 
[wo  Houses  into  one,  called  it  a  convention ; 
I  made  it  the  instrument  for  deposing,  witli- 
Itriai,  tlie  constitutional  Vice-President,  Go- 
Farias,  putting  Barragan  into  his  place, 
Lbilating  the  State  governments,  and  estab- 
ng  a  consolidated  government,  of  which  he 
^monarch,  under  the  retained  republican  title 
'csidcnt.  Still,  the  Texians  did  not  take  up 
they  did  not  acquiesce,  but  they  did  not 
bit,  They  retained  their  State  government 
Uration,  and  looked  to  the  other  States, 
rand  more  powerful  than  Texas,  to  vindi- 
tiie  general  cause,  and  to  re-establish  the 
constitution  of  1824.     In  September, 
.this  was  still  her  position.   In  that  month, 
kiican  armed  vessel  appeared  off  the  coast 
bxas,  and  declared  her  ports  blockaded. 
le  same  time.  General  Cos  appeared  in  the 
with  an  army  of  fifteen  hundred  men, 
loriers  to  arrest  the  State  authorities,  to 
1  the  inhabitants,  leaving  one  gun  to  every 
|kndrcd  souls ;  and  to  reduce  the  State  to 
nditional  submission.     Gonzales  was  the 
Ked  point  for  the  commencement  of  theexe- 
of  these  orders ;  and  the  first  thing  was 
as,  those  trusty  rifles  which  the  settlers. 
Iwught  with  them  from  the  United  States, 
iwere  their  defence  against  savages,  their 
!  for  game,  and  the  guard  which  convert- 


ed  their  hoiiweH  into  riMtfe"  '-'  ■  ■■".•^  t'kut  ''^"^ 
'whirhthe  king  ennnot  enl.  \  deJm-h  nt 
of  (JenerHJ  f'lxV  nnny  ii|i|i<  nr  rt  tl»«  villae  '^ 
•  lonfftlen,  on  the  2Hfh  of  ^  1  > "wl-r.  on«l  «^i^ 
mnnded  the  arms  of  the  inJinl.iiaiil  ;  it  Wii-  thtt 
same  demand,  and  for  tiip  fnmv  purpoMv  wliiili 
the  BritiKh  detn<lim(nf,  uiidtr  Mnjor  I'itcnirt, 
had  made  nt  I.e.xinpton.  on  the  lUth  of  Apri', 
177.').  It  was  the  came  dr  innnd  I  nnd  the  saiue 
answer  was  given — reHistiuirc-linttle — victory ! 
for  the  Ameriem  blood  was  nt  (Jonzalcs  o«  it 
had  l)een  nt  Lexington ;  nnd  between  usinj;  tht  ir 
arms,  nnd  stirrendering  their  niuis,  that  lilo.d 
can  never  hesitnfe.  Then  followed  the  ni]  id 
succession  of  brilliant  events,  which,  in  two 
months,  left  Texas  without  nn  armed  enemy  in 
her  borders,  and  the  strong  forts  of  Goliad  iii'd 
the  Alnmn,  with  their  gamsons  nnd  cannon,  the 
almost  bloodless  prizes  of  a  few  iiundrc<l  Texian 
rifles.  This  was  the  origin  of  the  revolt ;  nnd 
a  calumny  morn  hcartlesa  can  never  be  imagined 
than  that  which  would  convert  this  just  and 
holy  defence  of  life,  liberty,  and  property,  into 
an  aggression  for  the  extension  of  slavery. 

"Just  in  its  origin,  valiant  and  humane  in  its 
conduct,  sacred  in  its  object,  the  Texian  revolt 
has  illustrated  the  Anglo-Saxon  character,  nnd 
given  it  new  titles  to  the  respect  and  admiration 
of  the  world. 

"It  shows  that  liberty,  justice,  valor — monil, 
physical,  and  intellectual  power — discriminate 
that  race  wherever  it  goes.  Let  our  America 
rejoice,  let  Old  England  rejoice,  that  the  Brassos 
and  Colorado,  new  and  strange  names — streams 
far  beyond  the  western  bank  of  the  Father  of 
Floods — have  felt  the  impress,  and  witnessed  the 
exploits  of  a  people  sprung  from  their  loins, 
and  carrj'ing  their  language,  laws,  and  cus- 
toms, their  ma^na  charta  and  its  glorious 
privileges,  into  new  regions  nnd  far  distant 
climes.  Of  the  individuals  who  have  purchased 
lasting  renown  in  this  young  war,  it  would 
be  impossible,  in  this  place  to  speak  in  detail, 
and  invidious  to  discriminate ;  but  there  is  onv 
among  them  whoso  position  forms  an  excep- 
tion, and  whose  early  association  with  my- 
self justifies  and  claims  the  tribute  of  a  par- 
ticular notice.  I  speak  of  him  whose  romantic 
victory  has  given  to  the  Jacinto*  that  immor- 
tality in  grave  and  serious  history  which  tho 

*  Uvocintli;  liyacintlme;  buoklnthos;  wtter  flower 


67G 


THIllTV  YEARS'  VfKW. 


di.<k(iii  of  A|i(>llo  hn<l  given  to  it  in  tlio  fii>)U- 
loufl  pOKCM  or  till-  iicatlun  inyttiulo^'y.  (icntTai 
lloiiHton  wa.'^  Itnni  in  tliu  Statu  of  Vir;;:  ia, 
fijiuity  (if  UocltljriilK'':  lie  wuh  appointed  an  en- 
aipi  in  tho  army  of  the  United  SlntcH,  during 
the  Inte  war  with  (ireat  liritain,  and  M>n-e<l  in 
tiie  Creel<  cainpui^rn  under  the  LannerH  of  Jacl(- 
Hon.  1  waH  tliu  lieutenant  colonel  of  tho  regi- 
ment to  Nvhich  hu  belonged,  and  tho  tirnt  Hold 
ollicer  to  whom  he  reported.  I  then  marked  in 
him  the  vainu  Boldierly  and  gentlemanly  quali- 
ties which  have  vinco  difltinguiMhed  Ium  eventful 
career :  frank,  Renenius,  brave ;  ready  to  do,  or 
to  sutler,  whatever  tho  obligations  of  civil  or 
military  duty  imposed;  and  always  prompt  to 
answer  the  call  of  honor,  patriotism,  and  friend- 
ship. Sincerely  do  I  rejoice  In  his  victory.  It 
is  a  victory  without  alloy,  and  without  parallel, 
except  at  New  Orleans.  It  is  a  victory  which 
tho  civili/.ation  of  tho  age,  and  tho  honor  of  tho 
human  race,  required  him  to  gain :  for  tho  nine- 
teenth century  is  not  tiie  age  in  which  a  repeti- 
tion of  tho  Goliad  matins  could  bo  endured. 
Nobly  has  ho  answered  the  requisition ;  fresh 
and  luxuriant  aro  tho  laurels  which  adorn  his 
brow. 

"  It  is  not  within  tho  scope  of  my  present 
j)urpo8c,  to  speak  of  military  events,  and  to 
celebrato  the  exploits  of  that  vanguard  of  tho 
Anglo-Saxons  who  aro  ncy  on  the  confines  of 
the  ancient  empire  of  Montezuma;  but  that 
combat  of  the  San  Jacinto !  it  must  for  ever  re- 
main in  the  catalogue  of  militv'T'  miracles. 
Seven  hundred  and  fifty  citizens,  miscellane- 
ously armed  with  rifles,  muskets,  belt  pistols, 
and  knives,  under  a  leader  who  had  never  seen 
survico,  except  as  a  subaltern,  march  to  at- 
tack near  double  their  numbers — march  in  open 
day  across  a  clear  prairie,  to  attack  upwards  of 
twelve  hundred  veterans,  the  61ito  of  an  invad- 
ing army  of  seven  thousand,  posted  in  a  wood, 
their  Hanks  secured,  front  intrenched ;  and  com- 
manded by  a  general  trained  in  civil  wars,  vic- 
torious in  numberless  battles ;  and  chief  of  an 
empire  of  which  no  man  becomes  chief  except 
as  conqueror.  In  twenty  minutes,  the  position 
is  forced.  The  combat  becomes  a  carnage.  The 
flowery  prairie  is  stained  with  blood;  tho  hya- 
cinth is  no  longer  blue,  but  scarlet.  Six  hun- 
dred Mexicans  ji^re  dead ;  six  hundred  more  are 
prisoners,  ha»,woun'ded ;  the  President  General 
himself  is  a  prisoner;  the  camp  and  baggage  all 


»<:If-n, 


taken ;  and  tho  Iom  of  Mm  tirton,  i^ 
and  twenty  wotmded.    Such  an'  tlv  r- 
which  no  Kuro|M-an  ran  )«licvc,  imi  ,i 
Haw  Jackson  at  New  Orleans.     !l(,ii,|, 
pupil  of  JackRon;  and  he  is  tho  tlr-t 
general,  since  tho  time  of  Mark  Antony  j^i 
King  Antigonus,  who  lias  Uken  tli..  ireiK,iil 
tho  army  and  the  head  of  the  govt  nm  ,t,t , 
tivo  in  battle.     Dilferent  from  Ant  m    j,,,  i 
Mpared  tho  life  of  his  captive,  though  forf  j 
by  every  law,  human  and  divine. 

"I  votetl,  in  1821,  to  acknowledge  the  J 
lute  independence  of  Mexico ;  I  vote  now  i, 
cognize  the  contingent  and  expected  indiu 
enco  of  Texas.     In  both  cases,  the  vote  it  i\l 
upon  the  same  principle — upon  the  principij 
disjunction  where  conjunction  is  ini[K)ii,il  i, 
disastrous.    Tho  Union  of  Mexico  and 
had   become  impossible;  that  of  Mexico ! 
Texas  is  no  longer  desirable  or  posKihic.  I 
more  fatal  present  could  not  be  made  tbn  t 
of  the  futuro  incorporation  of  tho  Tnta  of  1 
Salle  with  tho  ancient  empire  of  .Ahnlin/ 
They  could  not  live  together,  and  cxtermini 
is  not  the  genius  of  the  ago ;  and,  besidJ 
more  easily  talked  of  than  done.    Blwxi 
only  could  bo  the  fruit  of  their  conjun 
ond  every  drop  of  that  blood  would  le  thei 
gon's  teeth  sown  upon  the  earth.    Noi 
Mexican  should  wish  to  have  this  Trojan  I 
shut  up  within  their  walb." 


CHAPTER    CXLVI. 

THE  SPECIE  CIUCULAK. 

The  issue  of  the  Treasury  onicr,  knowi 
the  "  Specie  Circular,"  was  one  of  the  eJ 
which  marked  the  foresight,  the  dccisJon,) 
the  invincible  firmness  of  General  Jacltsoii, 
was  issued  immediately  after  tho  adjoun 
of  Congress,  and  would  have  been  issued  I 
the  adjournment,  except  for  the  fear  thitj 
gress  would  counteract  it  by  law.   It  i 
order  to  all  the  land-ofiBces  to  reject  papem 
and  receive  nothing  but  gold  andsiherbl 
ment  of  the  public  lands ;  and  was  issued  g 
the  authority  of  the  resolution  of  theyejrl 
which,  in  giving  the  Secretary  of  the  1 


^ 


ANNO  IMrt.     AM)REW  JAcKs«>N.  |'ni>lI»KNT. 


the  loM  of  the  Tirtun,  lix 
rtmnilfd.    Such  an-  the  n>v,.i;, 
ro|H'iin  run  liclievo,  Imt  th.,* 
at  New  Orlfann.     IIhhmhi, 
knon ;  ami  he  is  the  llr>t  mif-^ 
J  the  time  of  Mark  Aiu<iny,»j,ij 
nus,  who  hoM  taki'H  th  ■  in;ii.;»l| 
il  the  head  of  tho  ftovi  nm  , :,( , 
lo.     DilFcrent  from  Am  u    hn 
life  of  hin  captive,  though  furtd 
V,  human  and  divine. 
In  1821,  to  ocknowledprc  the  J 
ulcnco  of  Mexico ;  I  vole  now  to| 
contingent  and  cxpitud  imLj 
as.     In  both  cases,  the  vote  ii  pJ 
ino  principle — upon  the  principw 
where  conjunction  Is  imponnil,! 
Tho  Union  of  Mexico  and  sj 

0  iraposaiblo ;  that  of  Mexico  i 
10  longer  desirable  or  posHihlc, 
present  could  not  be  made  than  I 
re  incorporation  of  the  Texa*  of | 

tho  ancient  empire  of  Mintn\( 

1  not  live  together,  and  cxtcrmin 

I  genius  of  the  ago ;  and,  bcsiild 
ly  talked  of  than  done.    Bio 
i  bo  the  fruit  of  their  conjun 
drop  of  that  blood  would  be  tki 
h  Bown  upon  tho  earth.    Soi 
hould  wish  to  have  this  Trojan  1 
ithin  their  walls." 


077 


IIAPTER    CXLVI. 

THE  SPECIE  CIBCULAB. 

e  of  the  Treasury  order,  km 
;ie  Circular,"  was  one  of  the  A 
arked  the  foresight,  the  dccisioii,j 
cible  firmness  of  General  JacliMn 

-d  Immediately  after  the  adjour 
JS8  and  would  have  been  issued  l 
rnment,  except  for  the  fear  thitj 
luld  counteract  it  by  law.   It 

ja  the  land-offices  to  reject  paperi 
TO  nothing  but  gold  andsilminj 
;he  public  lands ;  and  was  issued) 
ority  of  the  resolution  of  theyeuj 
giving  the  Secretary  of  the" 


,(i(>««r>'  authority  to  nr«ivt»  the  notwi  r.f 

[[♦vinn  l»«nk«  in  revenue  pnynuntu,  Rivr 

,il.«i)tho  rijrht  t<»  reject  them.     Tiie  num- 

fof  theKe  banks  had  now  W-onic  ko  prent. 

,  niianlifj  of  noteH  iM«ued  no  inornious,  tlic 

•jir  i>r  obtaining  loani*  so  universal,  and  the 

.pialmn  to  oonvertin;?  shailowy   pn|KT  into 

jmtite,  so  tempting,  tlint  the  risinp;  streaniM 

LjuT  frmn  tteven  hundred  and  fifty  lmnkn  took 

^iffoiirw  towards  the  new  States,  neat  of  the 

Uic domain— ^lischarging  in  nrcumulated  voj- 

, there  collected  torrents  upon  the  dilfcn'nt 

offices.    The  Kales  were  runniiif?  up  to  fivi' 

illinnn »  month,  with  the  prospect  of  unlMnind- 

(lorrriso  after  tho  rise  of  Conp:ross ;  and   it 

ilhis  increase  from  tho  land  rales  which  made 

lurplus  which  tho  constitution  had  been 

(tetiqued  to  divide  among  tho  States.      And 

twas  no  limit  to  this  conversion  of  public 

1  into  inconvertible  paper.    In  the  custom- 

e  branch  of  tho  revenue  there  was  a  limit 

Ithe  amount  to  be  received — limited  by  tho 

ut  of  duties  to  be  paid :  but  in  the  land-ofllco 

1  there  was  no  limit.    It  was  therefore  at 

I  point  that  the  remedy  was  M'anted  ;  and, 

Ithit  reason,  tho  "  Specie  Circular  "  was  litnit- 

Ijii  its  application  to  the  land-offices  ;    and 

)||j  forbade  tho  sale  of  the  public  lands  for 

•thing  but  hard  money.    It  was  an  order  of 

ilculabio  value  to  tho  United  States,  and 

i  by  President  Jackson  in  known  disregard 

e  vrill  both  of  tho  majority  of  Congress  and 

)oi  cabinet. 

)efo^>  tho  adjournment  of  Congress,  and  in 
»rt with  the  President,  the  author  of  this 
',ad  attempted  to  get  an  act  of  Congress  to 
[tlieeTil;  and  in  support  of  his  motion  to 
I  effect  gave  his  opinion  of  tho  evil  itself,  and 
jbenefits  which  would  result  from  its  sup- 
ion.   Uo  said : 

He  was  able  to  inform  the  Senate  how  it 

jened  that  the  sales  of  the  public  lands  had 

pTcd  all  calculations,  and  run  up  from  four 

Ions  a  year  to  five  millions  a  quarter ;  it  was 

t  speculators  went  to  banks,  borrowed  five, 

Itwenty,  fifty  thousand  dollars  in  paper,  in 

\  notes,  usually  under  twenty  dollars,  and 

^  to  carry  off  these  notes  to  a  great  dis- 

\  sometimes  five  hundred  or  a  thousand 

.;  and  there  laid  them  out  for  public  lands. 

;land-ofBce  money,  they  would  circulate  in 

loimtry ;  many  of  these  small  notes  would 

i  return  at  all,  and  their  loss  would  be  a 

lialn  to  the  bank ;  others  would  not  return 

;  time ;  and  the  bank  would  draw  in- 


lere«l  on  thrm  for  yrari  before  thrv  bad  •»  f« 

dtiin  thini.     T(iii«  ninviilftfi.r*,  lomli.l  wiih  |m- 

1  jMT,  Woul.j  outbid    Mlll-rx  •11)1  (oIllTltlorit.  Wl|i> 

liiid  no  undue  iii-«'.>nunoi|i»iii.n^  fnun  Itanks,  and 
uli'i  hud  ii.itliin^'  but    i«|i«<ic  I.)  (tivc  f t  liin>l«, 
or  the  iioltH  wliirh  win-  itx  nid  ei|iiivalc!it,  Mr. 
II.  unid  that,  living  in  n  new  .St«ta,it  nune  with- 
in IiIh  knowlfilj;!'  tluit  fu>]i  ni-i'i)in)iio<tii(ii>nM  us 
he  IukI  incntiuned  wnv  the  main  ciin-e  of  tli.- 
]  excessive  wiles    wiiieli   hiul   t  iImii  pl:ifc  in  tl"- 
I  public  Iniids,  iirid  that  the  tllii-t  wa.o  i't|ii:illy  in- 
!  juriouH  to  I'very  interest  concci md — vxei-pt  tlie 
j  linnks  and  the  s|M'euI;Uors:  it  wan  injurimis  to 
j  the  treasury,  which  was  lillint;  up  with  paiKr; 
to  the  new  States,  which   were  lloodcil  with  |  :i- 
IKT  ;  nnd  to  settlers  niid  cultivntnm,  who  wi f 
outbid  by  n|H'culators,  loaded  with  this  iHtnuw- 
ed  pajHT.     A  ivturii  to  specie  payments  fir  lan<ls 
is  the  remedy  for  all  these  evilh." 

Having  exposed  the  evil,  and  that  to  the  coi  > 
try  generally  as  well  as  to  tho  federal  tp 
Mr.  II.  went  on  to  give  his  opinion  o;'  tin 
fits  of  suppressing  it ;  and  said  : 

"It  would  put  an  end  to  every  eoiupiainf  n<AT 
connected  with  tlw  subject,  and  have  a  benclicia! 
effect  upon  every  public  and  jirivate  interest. 
Upon  the  federal  government  its  etlect  would  be 
to  check  tho  unnatural  sale  of  tho  public  lamls 
to  speculators  for  paper;  it  would  throw  tlie 
speculators  out  of  market,  limit  the  sales  to 
settlers  and  cultivators,  stop  tho  swelling;  in- 
rrea.se3  of  paper  surpluses  in  the  treasury,  put 
an  end  to  all  iirojectsfor  disposing  of  surpluses ; 
nnd  relieve  all  anxiety  for  the  fate  of  the  \m\t\'w, 
moneys  in  the  deposit  banks.  U|K)n  the  new 
States,  where  tho  public  lands  are  situated,  itj 
cffectp  would  be  most  auspicious.  It  would  stop 
tho  flood  of  paper  with  which  they  are  inuinlate<i, 
and  bring  in  a  steady  stream  of  gold  and  silver  in 
its  place.  It  would  give  them  a  Imrd-inoney 
currency,  and  especially  a  share  of  the  gold  cur- 
rency ;  for  every  emigrant  could  then  carry  gold 
to  the  country.  Upon  the  settler  and  cultivator 
who  wished  to  purchase  land  its  effect  would  lie 
peculiarly  advantageous.  lie  would  be  relieved 
from  the  competition  of  speculators ;  he  would 
not  have  to  contend  with  those  who  received 
undue  accommodations  at  banks,  and  came  to 
tho  land-offices  loaded  with  bales  of  bank  notes 
which  they  had  borrowed  upon  condition  of 
carrying  them  far  away,  and  turning  them  loose 
where  many  would  bo  lost,  and  never  get  back 
to  the  bank  that  issued  them.  All  these  and 
many  other  good  efTects  would  thus  be  produced, 
and  no  hardship  or  evil  of  any  kind  could  accrue 
to  the  meritorious  p.art  of  the  country ;  for  th(! 
settler  and  cuUiviitor  who  wishes  to  l)uy  land 
for  use,  or  for  a  settlement  for  his  children,  or 
Ui  increase  his  farm,  would  have  no  ditHcutly  in 
'^tting  hard  money  to  make  his  purchase.  lie 
has  no  undue  accommodations  from  banks.  He 
has  no  paper  but  what  is  good ;  such  as  he  can 
readily  convert  into  specie.    To  him  the  cxac- 


f;7s 


THIRTY  YKARS'  VIKW. 


tioii  ofsiK-cic  pnyincnts  from  nil  purclinstTN  would 
]x-  11  niK-  of  cqiialitj',  which  wfiuld  irmble  him 
to  piirrhtisc  what  he  needrt  without  romju'tition 
with  lictilioiis  and  bori-owed  cajjitul." 

Mr.  15.  pave  ii  view  of  tlie  actual  condition  of 
th"  pniKT  currency,  which  he  described  as  hide- 
ous and  appalling,  doomed  to  a  catastrophe ;  and 
lie  advised  every  jirudent  man,  as  well  as  the 
povenimcnt.  to  fly  from  its  embrace.    His  voice, 
and  his  warninj;,  answered  no  purpose.    He  got 
no  support  for  his  motion.    A  few  friends  were 
willing  to  stand  by  him,  but  the  opposition  se- 
nators stood  out  in  unbroken  front  against  it, 
reinforced  largely  by  the  friends  of  the  adminis- 
tration :  but  it  is  in  vain  to  attribute  the  whole 
opposition  to  the  measure  merely  to  the  mis- 
taken opinions  of  friends,  and  the  resentful  pol- 
icy of  foes.    There  was  another  cause  operating 
to  the  same  eflect ;  and  the  truth  of  history  re- 
(juircs  it  to  be  told.    There  were  many  members 
of  Congress  engaged  in  these  land  speculations, 
upon  loans  of  bank  paper ;  and  who  were  un- 
willing to  sec  a  sudden  termination  of  so  profit- 
able a  game.     The  rejection  of  the  bill  it  was 
thought  would  be  sufficient ;  and  on  the  news 
of  it  the  speculation  redoubled  its  activity.   But 
there  was  a  remedy  in  reserve  nr  the  cure  of 
the  evil  which  they  had  not  foreseen,  and  which 
was  applied  the  moment  that  Congress  was  gone. 
Jackson  was  still  President !  and  he  had  the 
iierve  which  the  occasion  required.     lie  saw 
the  public  lands  fleeting  away — saw  that  Con- 
gress would  not  interfere — and  knew  the  major- 
ity of  his  cabinet  to  be  against  his  interference. 
He  did  as  he  had  often  done  in  councils  of  war 
—called  the  council  together  to  hear  a  decision. 
He  summoned  his  cabinet — laid  the  case  before 
them — heard  the  majority  of  adverse  opinions : 
— and  directed  the  order  to  issue.     His  private 
Secretary,  Mr.  Donelson,  was  directed  to  prepare 
a  draught  of  the  order.     The  author  of  this  View 
was  all  the  while  in  the  office  of  this  private 
Secretary.    3Ir.  Donelson  came  to  him,  with 
the  President's  decision,  and  requested  him  to 
draw  up  the  order.    It  was  done — the  rough 
draught  carried  back  to  the  council — put  into 
official  form — signed — issued.    It  was  a  second 
edition  of  the  removal  of  the  deposits  scene,  and 
made  an  immense  sensation.    The  disappointed 
speculators  raged.    Congress  was  considered  in- 
sulted, the  cabinet  defied,  the  banks  disgraced. 
But  the  vindication  of  the  measure  soon  caniCj 


in  the  discovery  of  the  fact,  that  M.nitt,. 
millions  of  this  bank  pa[>er  was  on  ii,  „ 
the  land-oflices  to  be  changed  into  Jand^  'V 
overtaken  by  this  fatal  "Specie  Circiilar" 
turned  back  to  the  sources  from  wliidi  ii  ca] 


C  II  A  r  T  E  R    C  X  L  V  II . 

DEATH    OF    mi:.    MADISON,    ForUTlI    I'|;Ks1i,vJ 
or  THE  UNITED  STATES. 

He  died  in  the  last  year  of  the  second  tvnnl 
the  presidency  of  General  Jackson,  at  the 
vanced  age  of  eighty-six,  his  mind  clear  i 
active  to  the  last,  and  greatly  occui)ied  m 
solicitous  concern  for  the  safuty  of  the  Un 
which  he  had  contributed  so  much  to  tstali!] 
He  was  a  patriot  from  the  beginniu".    ■■  \vj 
the  first  blood  was  shed  in  the  streets  of  Bod 
he  was  a  student  in  the  process  of  his  'ducai 
at  Princeton  College,  where  the  next  year] 
received  the  degree  of  Bachelor  of  Arts, 
was  even  then  so  highly  distinguished  bv  i 
power  of  application  and  the  rapidity  of  procrJ 
that  he  performed  all  the  exercises  of  the  i 
senior  collegiate  years   in  one — while  at  i 
same  time  his  deportment  was  so  exemplJ 
that  Dr.  Witherspoon,  then  at  the  head  of  | 
college,  and  afterwards  himself  one  of  the  n 
eminent  patriots  and  sages  of  our  rovohtl 
always  delighted  in  bearing  testimony  to 
excellency  of  his  character  at  that  early  ti 
of  his  career ;   and  said  to  Thomas  JefiJ 
long  afterwards,  when  they  were  all  collajj 
iu  the  revolutionary  Congress,  that  in  thewl 
career  of  Mr.  Madison  at  Princeton,  lie  f 
never  known  him  say,  or  do,  an  indiscreet thii 
So  wrote  Mr.  John  Quincy  Adams  in  Lis  I 
course  upon  the   "Life  of  James  MadiJ 
written  at  the  request  of  the  two  Ilouse^ 
Congress :  and  in  this  germ  of  manhood  i 
be  seen  all  the  qualities  of  head  and  heart  v\ 
mature  age,  and  great  events,  so  fully  develo 
and  which  so  nobly  went  into  the  forniatiol 
national  character  while  constituting  his  o| 
the  same  quick  intellect,  the  same  laborioiii 
plication,  the  same  purity  of  morals,  the ! 
decorum  of  deportment.    He  had  a  rare  e 
bination  of  talent — a  speaker,  a  writer,  a  c 
sellor.    In  these  qualites  of  the  mind  heclil 


ANNO  1830.    AXDUEW  JACKSON,  I'RrMDENT. 


679 


cry  of  the  fuct,  that  Hiinti,. 
lis  bank  pajK-T  was  on  lUwn,] 
cs  to  be  chan}:;ed  into  laiul-»!, 
'  this  fatal  "Specie  Circular," 
0  the  sources  from  wLidi  ii  cjJ 


\PTEU    C  XL  VII 

«U.    MADISON,    VOI'IITII    l'l;V>I!iiJ 
j¥  the  united  HIATKS. 

the  last  year  of  the  Bccoiul  tiraj 
icy  of  General  Jackson,  at  the  i 
of  eighty-six,  his  mind  clear 
lie  last,  and  greatly  occupi'od  w-j 
oncem  for  the  safety  of  ttie  Un 
id  contributed  so  much  to  tstal,] 
atriot  from  the  beginning.   •Wji 
)od  was  shed  in  the  streets  of  Bosll 
udent  in  the  process  of  his  'ducaij 
n  College,  where  the  next  jearj 
10  degree  of  Bachelor  of  Aits, 
then  so  highly  distinguished  Ij-i 
pplication  and  the  rapidity  of  projr^ 
rformed  all  the  exercises  of  the  I 
egiate  years   in  one— while  at 
his  deportment  was  so  exempli 
''itherspoon,  then  at  the  head  ot 
i  afterwards  himself  one  of  the  i 
atriots  'and  sages  of  our  revoluB 
lighted  in  bearing  testimony  to 
of  his  character  at  that  early  d 
eer ;  and  said  to  Thomas  Jcirii| 
■ards,  when  they  were  all  colla 
ilutionary  Congress,  that  in  tlienl| 
Mr.  Madison  at  Princeton,  lie  I 
Ku  him  say,  or  do,  an  indiscreet  thiJ 
Mr.  John  Quincy  Adams  in  hisj 
on  the    "Life  of  James  Madis 
the  request  of  the  two  llousej 
and  in  this  germ  of  manhood  i 
the  qualities  of  head  and  heart  wj 
e,  and  great  events,  so  fully  deve^ 
_  so  nobly  went  into  the  formatift 
;haracter  while  constituting  his  ( 
5uick  intellect,  the  same  laborioa 
the  same  purity  of  morals,  the 
»f  deportment.    He  had  a  rare 
if  talent— a  speaker,  a  writer,  a  i 
1  these  qualitea  of  the  mind  hecli 


,  General  Hamilton ;  and  was,  pcrliaps,  the  I 
.  f  eminent  public  man  of  his  day  who  so  | 
,Vl.  and  so  equally  contended  in  three  of  the  ( 
r  J  uf  intellectual  action.    Mr.  JelRr.son  was  i 
Ti^oined  to  say  he  was  the  only  man  that ! 
1,1  ansttxr  Hamilton.    Perspicuity,  precision, 
to^ncas  of  reasoning,  and  strict  adlicrencc  to 
L  unity  of  his  subject,  were  the  character- 
's of  his  style ;  and  his  speeches  in  Congress, 
,1  iiis  dispatches  from  the  State  Department, 
uv  he  equally  studied  as  models  of  style,  di- 
ijniatic  and  parliamentary  as  sources  of  in- 
jiion,  as  examples  of  integrity  in  conduct- 
. public  questions :  and  as  illustrations  of  the 
lenity  with  which  the  most  earnest  debate, 
the  most  critical  correspondence,  can  be 
mjucted  by  good  sense,  good  taste,  and  good 
jipcr.    Jlr.  Madison  was  one  of  the  great 
ders  of  our  present  united  federal  govern- 
jt,  equally  efficient  in  the  working  convention 
ych  framed  the  constitution  and  the  written 
lors  which  secured  its  adoption.     Co-laborer 
lith  General  Hamilton  in  the  convention  and 
Jdie  Federalist — both  members  of  the  old  Con- 
i  and  of  the  convention  at  the  same  time, 
1  working  together  in  both  bodies  for  the  at- 
inient  of  the  same  end,  until  the  division  of 
L-tici  in  Washington's  time  began  to  estrange 
[friends,  and  to  array  against  each  other 
laer  cordial  political  co-laborers.     As  the 
1st  writer  of  ono  party,  General  Hamilton 
[ote  some  leading  papers,  which,  as  the  first 
liter  of  the  other  party,  Mr.  Madison  was 
led  upon  to  answer :  but  without  forgetting 
jilie  part  of  either  their  previous  relations, 
^ir  decorum  of  character,  and  their  mutual 
!Ct  for  each  other.    Nothing  that  either 
d  could  give  an  unpleasant  personal  feeling 
(the  other;  and,  though  writing  under  bor- 
jrcd  names,  their  productions  were  equally 
l)wn  to  each  other  and  the  public ;  for  none 
themselves    could    imitate     themselves. 
lity,  modesty,  decorum — a  moderation,  tem- 
ince,  and  virtue  in  everything — were  the 
iCtcristics  of  Mr.  Madison's  life  and  raan- 
s;  and  it  is  grateful  to  look  back  upon  such 
fition  and  beauty  of  personal  character  in 
I  illustrious  and  venerated  founders  of  our 
lublic,  leaving  such  virtuous  private  charac- 
^tobe  admired,  as  well  as  such  great  works 
Ik  preserved.    The  offer  of  this  tribute  to 
I  memory  of  one  of  the  purest  of  public  men 


is  the  more  }:ralefully  n-ndored,  private  reasons 
mixing  witii  considerations  of  public  duty.  Mr. 
•Madison  is  the  only  PK.\si(lent  from  whom  hv 
ever  asked  a  favor,  and  who  grantttl  inunodiately 
all  that  was  a.sked — a  lieutenant-colonelcy  in 
the  army  of  the  United  States  in  the  late  war 
with  Great  Britain. 


C  ir  A  P  T  K  R  C  X  L  V  1 1 1 . 

DKATII  OK  Ml!.  MONP.OK,  HFTIF  IT.KSIDENT  l)K 
THE  UNITED  STATES. 

He    died    during    the    first  term  of   the  ad- 
ministration of  President  Jackson,  and  is  ap- 
propriately noticed  in  this  work  next  after  Jlr. 
Madison,  with  whom  he  had  been  so  long  and 
so  intimately  associated,  both  in  public  ar.d  in 
private  life  ;  and  whose  successor  he  had  been 
in  successive  high  posts,  including  that  of  the 
presidency  itself.    He  is  one  of  our  eminent 
public  characters  which  have  not  attained  their 
due  place  iu  history ;  nor  has  any  one  attempted 
t "  <!;ive  him  that  place  but  one — Mr  John  Quincy 
Adau^s — in  hu-.  discourse  upon  the  life  of  ^Ir. 
Monroe.    Mr.  Adams,  and  who  could  be  a  niore 
competent  judge  ?  places  him  in  the  first  line 
of  American  statesmen,  and  contributing,  during 
the  fifty  years  of  his  connection  with  the  public 
affairs,  a  full  share  in  the  aggrandisement  and 
advancement  of  his  country.     His  parts  were 
not  shining,  but  solid.    He  lacked  genius,  but 
he  possessed  judgment :  and  it  was  the  remark 
of  Dean  Swift,  well  illustrated  in  his  own  case 
and  that  of  his  associate  friends,  Harley  and 
Bolingbrokc  (three  of  the  rarest  geniuses  that 
ever  acted  together,  and  whose  cause  went  to  ruin 
notwithstanding  their  wit  and  eloquence),  that 
genius  was  not  necessary  to  the  conducting  of  the 
affairs  of  state:  that  judgment,  diligence,  know- 
ledge, good  intentions,  and  will,  were  sufficient. 
Mr.  Monroe  .waa  an  instance  of  the  soundness  of 
this  remark,  as  well  as  the  three  brilliant  geniuses 
of  Queen  Anne's  time,  and  on  the  opposite  side 
of  it.    Mr.  Slonroe  had  none  of  the  mental 
qualities  which  dazzle  and  astonish  mankind ; 
but  he  had  a  discretion  which  seldom  committed 
a  mistake — an  integrity  that  alw^ays  looked  to 
the  public  good — a  firmness  of  will  which  car- 
ried him  resolutely  upou  his  object — adiligcnco 


680 


THIRTY  YEARS'  VIEW, 


that  Diastcred  every  Bubjcct — nnd  a  pt-rscverancc 
that  yielded  to  no  obstacle  or  reverse,  I  le  bepin 
his  patriotic  career  in  the  military  service,  at  the 
coinmenQpinont  of  the  war  of  the  revolution — 
went  into  the  general  assembly  of  his  native 
State  at  an  early  age — and  thence,  while  still 
yoting,  into  the  continental  Congress.  There 
ho  showed  his  character,  and  laid  the  foundation 
of  his  future  political  fortunes  in  his  uncompro- 
mising opposition  to  the  plan  of  a  treaty  with 
Spain  by  which  the  navigation  of  the  Mississip- 
pi was  to  be  given  up  for  twenty-five  years  in 
return  for  commercial  privileges.  It  was  the 
qualities  of  judgment,  and  perseverance,  which 
he  displayed  on  that  occasion,  which  brought 
him  those  calls  to  diplomacy  in  which  he  was 
afterwards  so  much  employed  with  three  of  the 
then  greatest  European  powers — Franco,  Spain, 
Great  Britain,  And  it  was  in  allusion  to  tliis 
circumstance  that  President  Jeficrson  after- 
wards, when  the  right  of  deposit  at  New  Orleans 
had  been  violated  by  Spain,  and  when  a  minister 
was  wanted  to  recover  it,  said,  "  Monroe  is  the 
man :  the  defence  of  the  Mississippi  belongs  to 
him."  And  under  this  appointment  bo  had  the 
felicity  to  put  his  name  to  the  treaty  which  se- 
cured the  Mississippi,  its  navigation  and  all  the 
territory  drained  by  its  western  waters,  to  the 
United  States  for  ever.  Several  times  in  his  life 
he  seemed  to  miscarry,  and  to  fall  from  the 
top  to  the  bottom  of  the  political  ladder :  but 
always  to  reascend  as  high,  or  higher  than  ever. 
Recalled  by  Washington  from  the  French  mis- 
<;ion.  to  which  he  had  been  appointed  from  the 
Senate  of  the  United  States,  he  returned  to  the 
starting  point  of  his  early  career — the  general 
assembly  of  his  State — served  as  a  racmber  from 
his  county — was  elected  Governor;  and  from 
that  post  restored  by  Jefferson  to  the  French 
mission,  soon  to  be  followed  by  the  embassies 
to  Spain  and  England.  Becoming  estranged 
from  Mr.  Madison  about  the  time  of  that  gentle- 
man's first  election  to  the  presidency,  and  hav- 
ing returned  from  his  missions  a  little  i][iortified 
that  Mr.  Jefferson  had  rejected  his  British  treaty 
without  sending  it  to  the  Senate,  he  was  again 
tt  the  foot  of  the  political  ladder,  and  apparently 
I  ;j'.  of  favor  with  those  who  were  at  its  top. 


Nothing  despairing,  he  wont  ha<k  to  f. 
starting  point— scn-od  again   in  the  V  ..'. 
general  assembly— was  again  clectofi  (Jovi- 
and  from  that  post  was  caUod  to  the  ca!;  ".'<] 
Mr.  Madison,  to  be  his  double  Scon  tan-  ( f  <.  j 
and  War.    He  was  the  effective  power  i 
declaration  of  war  against  Great  Britain    || 
residence  abroad  had  shown  him  that  unav  1 4 
British  wrongs  was  lowering  our  character  wl 
Europe,  and  that  war  with  the  "  mistress  of  1 
seas "  was  as  necessary  to  our  rcspectatilj-  I 
the  eyes  of  the  world,  as  to  the  securitv  of « 
citizens  and  commerce  upon  the  ocean 
brought  up  .Hr.  Madison  to  the  war  point 
drew  the  war  report  which  the  committee] 
foreign  relations  presented  to  the  Ilouse-ti 
report  which  the  absence  of  Mr,  Pcttr  B.  PonJ 
the  chairman,  and  the  hesitancy  of  Mr.  Grunl 
the  second  on  the  committee,  threw  into  i 
hands  of  Mr,  Calhoun,  the  third  on  the  list  j 
the  youngest  of  the  committee ;  and  the  i 
sentation  of  which  immediately  gave  him  i 
tional  reputation.    Prime  mover  of  the  war  j 
was  also  one  of  its  most  efficient  supportJ 
taking  upon  himself,  when  adversity  presJ 
the  actual  duties  of  war  minister,  financier,  i 
foreign  secretary  at  the  same  time.    He  was] 
enemy  to  all  extravagance,  to  all  intrigue,  to  I 
indirection  in  the  conduct  of  business, 
Jefferson's  comprehensive  and  compendious  t 
logium  upon  him,  as  brief  as  true,  was  i 
faithful  descriptiop  of  the  man—"  honest  i 
brave."    He  was  an  enemy  to  nepotism. 
no  consideration  or  entreaty — no  need  oft 
support  which  an  office  would  give,  or  interc 
sion  from  friends — could  ever  induce  him  I 
appoint  a  relative  to  any  place  under  the  t 
vernment.    He  had  opposed  tae  adoption] 
the  constitution  until  amendments  were  ( 
tained ;  but  these  had,  he  became  one  of  j 
firmest  supporters,  and  labored  faithfully,  i 
iously  and  devotedly,  to  administer  it  in  its  pii 
ty.  He  was  the  first  President  under  whom  (j 
author  of  this  Vi«w  served,  commencing  his  ( 
senatorial  term  with  the  commencement  c 
second  presidential  term  of  this  last  of  then 
of  the  revolution  who  were  spared  to  fill  theofij 
in  the  great  Republic  which  they  had  found 


ANNO  1836.     ANDREW  JACKSON.  mFi^IDKNT. 


C81 


airing,  he  went  Imck  to  ti 
t— sen-sd  ag:.iin   in  the  Y;r, 
bly— was  again  elected  Cov.  n,i 
post  was  called  to  the  cal.ir.. 
to  be  his  double  Sccrttan- .f  <.] 

0  was  the  effective  power  in  i 
'  war  against  Great  Britain, 
aad  had  shown  him  that  unav,  i 
;s  was  lowering  our  character  wij 
hat  war  with  the  "  mistrc?;  of  .1 

1  necessary  to  our  respectaljilitvl 
he  world,  as  to  the  security  of  r 

commerco  upon  the  ocean. 
Ir.  Madison  to  the  war  point. 
'  report  which  the  committee] 
ons  presented  to  the  House— til 
the  absence  of  Mr.  Pcttr  B,  PoiJ 
I,  and  the  hesitancy  of  Mr.  GruniJ 
Dn  the  committee,  threw  into  i 
Calhoun,  the  third  on  the  list 
t  of  the  committee ;  and  the 
which  immediately  gave  him  a 
ition.    Prime  mover  of  the  war,  | 
3  of  its  most  efficient  Bupportei 
I  himself,  when  adversity  prcss^ 
Lities  of  war  minister,  financier,  i 
ttary  at  the  same  time.    He  wasl 
1  extravagance,  to  all  intrigue,  to  J 
in  tlio  conduct  of  businese. 
lomprehensive  and  compendious  J 
Q  him,  as  brief  as  true,  was  I 
:riptiop  of  the  man — "  honest  i 
!  was  an  enemy  to  nepotism,  i 
ition  or  entreaty — no  need  of  t 
ch  an  office  would  give,  or  intert 
friends — could  ever  induce  him| 
clativo  to  any  place  under  the  ( 
He  had  opposed  tlie  adoption  | 
ition  until  amendments  were  i 
these  had,  he  became  one  of  | 
porters,  and  labored  faithfully,! 
evotedly,  to  administer  it  in  its  ( 
the  first  President  under  whom  l| 
is  Viftw  served,  commencing  his  i 
rm  with  the  commencement  of  tl 
dential  term  of  this  last  of  the  t 
ition  who  were  spared  to  fill  theoi^ 
Republic  which  they  hadfoundi 


ClIAPTPni    CXLIX. 

ipfATn  OF  CIIIKF  JUSTICE  MAKSIIALU 

BE  died  in  the  middle  of  the  second  term  of 
.  jjfjl  Jackson's  presidency,  having  Ix^cn  chief 
;,jfe  of  the  Supreme  Court  of  the  United 
Los  full  thirty-five  years,  presiding  all  the 
Ljj  (to  use  the  inimitable  language  of  Mr. 
ladolph))  "with  native  dignity  and  unpre- 
jrjin"  grace."    He  was  supremely  fitted  for 
f-ii  judicial  station : — a  solid  judgment,  great 
(isoning  powers,  acute  and  penetrating  mind : 
Lj,  manners  and  habits  to  suit  the  purity  and 
cancity  of  the  ermine : — attentive,  patient, 
lorious:   grave  on  the  bench,  social  in  the 
jereoursc  of  life:  simple  in  his  taster,  and  in- 
Itorabiv  just.    Seen  by  a  stranger  come  into  a 
loaand  he  would  be  taken  for  a  modest  coun- 
L  gentleman,  without  claims  to  attention,  and 
idf  to  take  the  lowest  place  in  company,  or 
liable,  and  to  act  his  part  without  trouble  to 
Lbody.    Spoken  to,  and  closely  observed,  he 
aid  be  seen  to  be  a  gentleman  of  finished 
ding,  of  winning  and  prepossessing  talk,  and 
^-t  as  much  mind  as  the  occasion  required 
1  to  show.    Coming  to  man's  estate  at  the 
KiDning  of  the  revolution  he  followed  the  cur- 
ijt  into  which  so  many  young  men,  destined 
[become  eminent,  so  ardently  entered;  and 
rred  in  the  army,  and  with  notice  and  obser- 
Bion.  under  the  eyes  of  "Washington.    Elected 
I  Congress  at  an  early  age  he  served  in  the 
of  Representatives  in  the  time  of  the 
ia  Mr.  Adams,  and  found  in  one  of  the  pro- 
bent  questions  of  the  day  a  subject  entirely 
i  to  his  acute  and  logical  turn  of  mind — the 
e  of  the  famous  Jonathan  Robbins,  claiming 
I  k  an  American  citizen,  reclaimed  by  the 
ktish  government  as  a  deserter,  delivered  up, 
d  hanged  at  the  yard-arm  of  an  English  man- 
Party  spirit  took  up  the  case,  and  it 
I  one  to  inflame  that  spirit.    Mr.  Marshall 
kke  in  defence  of  the  administration,  and 
^e  the  master  speech  of  the  day,  when  there 
such  master  speakers   in  Congress   as 
jison,  Gallatin,  William  B.  Giles,  Edward 
gston,  John  Randolph.    It  was  a  judicial 
|gect,  adapted  to  the  legal  mind  of  Mr.  Mar- 
,  requiring  a  legal  pleading :  and  well  did 
Iplead  it.   Mr.  Randolph  has  often  been  heard 


to  say  that  it  distancwl  mmpcfitim — Irnving  all 
aei<(M'iatis  and  opjioncnts  fur  Uliiiid.  and  cnm« 
ing  the  ca.<i>.  Si idoni  lia«  one  si'tcrli  liroujrht 
.<o  much  fame  nn-l  high  npjiointnKnt  to  any  one 
man.  AY  hen  he  had  tleliviri'd  it  his  nMiut.ition 
was  in  the  zenith:  in  liss  than  nine  briif 
months  thereafter  he  wa-s  Secretary  at  War. 
Secretary  of  State,  Minister  to  France,  and  Chief 
Justice  of  the  Supreme  Court  of  the  United 
States.  Politically,  ho  classed  with  the  federal 
party,  and  was  one  of  those  higli-mimled  and 
patriotic  men  of  that  party,  who,  acting  on 
principle,  commanded  the  respect  of  those  even 
who  deemed  them  wrong. 


CI1APTJ]R     CL. 

DEATH  OF   COL.   BUUR,  TIIIKD  VU'E-PUESIDENT 
OF  THE  UNITED  STATES. 

He  was  one  of  the  few  who,  entering  the  war 
of  independence  with  ardor  and  brilliant  pro.s- 
pects,  disappointed   the  expectations   ho  had 
created,  dishonored  the  cause  he  had  espoused, 
and  ended  in  shame  the  career  which  he  had 
opened  with  splendor.    He  was  in  the  adven- 
turous expedition  of  Arnold  through  the  wilder- 
ness to  Quebec,  went  ahead  in  the  disguise  of 
a  priest  to  give  intelligence  of  the  approach  of 
aid    to  General    Montgomery,   arrived   safely 
through  many  dangers,  captivated  the  General 
by  the  courage  and  address  which  he  had  shown, 
was  received  by  him  into  his  military  family ; 
ai'd  was  at  his  side  when  he  was  killed.     Re- 
turning to  the  seat  of  war  in  the  Northern 
States  he  was  invited  by  Washington,  captiva- 
ted like  Montgomery  by  the  soldierly  and  intel- 
lectual qualities  ho  had  shown,  to  his  head- 
quarters, with  a  view  to  placing  him  on  his 
staff;  but  he  soon  perceived  that  the  brilliant 
young  man  lacked  principle ;  and  quietly  got 
rid  of  him.    The  after  part  of  his  life  was  such 
as  to  justify  the  opinion  which  Washington  had 
formed  of  him ;  but  such  wa.<>  his  address  and 
talent  as  to  rise  to  high  political  distinction : 
Attorney  General   of  New-York,  Senator  in 
Congress,  and  Vice-President  of  the  United 
States.    At  the  close  of  the  presidential  election 
of  1800,  he  stood  equal  with  Mr.  Jefferson  in 
the  vote  which  he  received,  and  his  undoubted 


682 


THIRTY  YEAKS"  VIEW. 


KUCcesRor  lit  the  eiul  of  Mr.  Jefferson's  term, 
lint  there  his  lioiiors  came  to  a  Ktand,  and  took 
a  downward  turn,  nor  ceased  descending  until 
he  was  landed  in  the  abyss  of  shame,  misery, 
and  desolation.  lie  intrij^ued  with  the  federal- 
ists to  Bupiilaut  Mr.  Jefferson — to  get  the  place 
of  President,  for  which  he  had  not  received  a 
single  vote — was  suspected,  detected,  baflled — 
lost  the  respect  of  his  party,  and  was  thrown 
upon  crimes  to  recover  a  position,  or  to  avenge 
his  losses.  The  treasonable  attempt  in  the 
West,  and  the  killing  of  General  Hamilton, 
ended  his  career  in  the  United  States.  But 
although  ho  had  deceived  the  masses,  and 
reached  the  second  office  of  the  government, 
with  the  certainty  of  attaining  the  first  if  he 
only  remained  still,  yet  there  were  some,  close 
observers  whom  ho  never  deceived.  The  early 
mistrust  of  Washington  has  bten  mentioned: 
it  became  stronger  as  Burr  mounted  higher  in 
the  public  favor ;  and  in  1794,  when  a  senator 
in  Congress,  and  when  the  republican  party  had 
taken  him  for  their  choice  for  the  French  mission 
in  the  place  of  Mr.  Monroe  recalled,  and  had 
Bent  a  committee  of  which  Mr.  Madison  was 
chief  to  ask  his  nomination  from  Washington, 
that  wise  and  virtuous  man  peremptorily  re- 
fused it,  giving  as  a  categorical  reason,  that  his 
rule  was  invariable,  never  to  appoint  an  im- 
moral man  to  any  office.  Mr.  Jefferson  had  the 
same  ill  opinion  of  him,  and,  notwithstanding  his 
party  zeal,  always  considered  him  in  market 
when  the  federalists  had  any  high  office  to 
bestow.  But  General  Hamilton  was  most 
thoroughly  imbued  with  a  sense  of  his  un- 
worthiness,  and  deemed  it  due  to  his  country  to 
balk  his  election  over  Jefferson;  and  did  so. 
His  letters  to  the  federal  members  of  Congress 
painted  Burr  in  his  true  character,  and  dashed 
far  from  his  grasp,  and  for  ever,  the  gilded  prize 
his  hand  was  touching.  For  that  frustration 
of  his  hopes,  four  years  afterwards,  he  killed 
Hamilton  in  a  duel,  having  on  the  part  of  Burr 
the  spirit  of  an  assassination — cold-blooded,  cal- 
culated, revengeful,  and  falsely-pretexted.  He 
alleged  some  trivial  and  recent  matter  for  the 
challenge,  such  as  would  not  justify  it  in  any  code 
of  honor;  and  went  to  the  ground  to  kill  upon 
an  old  grudge  which  he  was  ashamed  to  avow. 
Hard  was  the  fate  of  Hamilton — losing  his  life 
at  the  early  age  of  forty-two  for  having  done 
justice  to  his  couutry  ia  the  pcrsua  of  tte  m^n 


to  whom  he  stood  most  politically  ()].|i,is,,i  j 
the  chief  of  the  parly  by  wliich  he  lia,) 
constrained  to  retire  from  the  scene  of  hmu 
life  at  the  age  of  thirty-four— the  nj^e  at  «' 
most  others  begin  it — ho  havinj;  accomrli.iJ 
gigantic  works.    He  was  the  man  most  eminenti 
and  variously  endowed  of  all  the  eminent  J 
of  his  day — at  once  soldier  and  statesman.  wiiiJ 
head  to  conceive,  and  a  hand  to  execute :  a  wr  i  J 
an  orator,  a  jurist:  an  organizing  mind  able] 
grasp  the  greatest  system  ;  and  administmtii 
to  execute  the  sn-allcst  details :  wholly  tumJ 
to  the  practical  business  of  life,  and  with  a 
pacity  for  application  and  production  whj 
teemed  with  gigantic  labors,  each  worthy  to  J 
the  sole  product  of  a  single  master  intellect  • 
lavished  in  litters  from  the  ever  teemin"  fee 
dity  of  his  prolific  genuis.    Hard  his  fate  whJ 
withdrawing  from  public  life  at  the  aw  i 
thirty-four,  he  felt  himself  constrained  to  ana 
to  posterity  for  that  justice  which  conteiJ 
raries  withheld  from  him.    And  the  apieah 
not  in  vain.    Statues  rise  to  his  memory: ' 
tory  embalms  his  name :  posterity  will  do  iij 
tice  to  the  man  who  at  the  age  of  twenty  v 
"  the  principal  and  most  confidential  aid  i 
Washington,"  who  retained  the  love  and  coj 
dence  of  the  Father  of  his  country  to  the ! 
and  to  whom  honorable  opponents,  while  ( 
posing  his  systems  of  policy,  accorded  1 
and  patriotism,  and  social  affections,  and  tn 
scendental   abilities. — This  chapter  was 
menccd  to  write  a  notice  of  the  character  J 
Colonel  Burr  j   but  that  subject  will  not  i 
main  under  the  pen.    At  the  appearance  \ 
that  name,  the  spirit  of  Hamilton  starts  i 
rebuke  the  intrusion — to  drive  back  the  fj 
apparition  to  its  gloomy  abode — and  to  codm 
trate  all  generous  feeling  on  itself. 


CHAPTER    CLI. 

DEATH  OF  WILLIAM  B.  GILES,  OF  VinGIXlij 

He  also  died  under  the  presidency  of  GencJ 
Jackson.  He  was  one  of  the  eminent  pun 
men  coming  upon  the  stage  of  action  with  t{ 
establishment  of  the  new  constitution-n 
the  change  from  a  League  to  a  Union ;  fromlj 
confederation  to  the  unity  of  the  States- 


ANXO  l(>;!i5.     ANUUEW  jAC'K.SON,  I'UI>1I'V:NT. 


Gs:] 


tood  most  politically  o],],,,^  ^. 
the  parly  by  wliich  he  hail 
o  retire  from  tlio  sccir-  of  p 
■  of  thirty-four — the  n^o  at  wt,i 
bepiii  it — he  having  accomi,i;,K 
s.  1  le  was  the  man  most  emitiHitl 
f  endowed  of  all  the  eminent ; 
t  once  soldier  and  statesman,  witl* 
i ve,  and  a  hand  to  execute :  a  \vr j|J 
urist :  an  organizing  mind,  nU J 
eatest  sysiem ;  and  adminislratiJ 
le  BU.allc8t  details :  wholly  tun 
cal  business  of  life,  and  with  s 
ipplication  and  production  whii 

gigantic  labors,  each  worthy  to  1 
uct  of  a  single  master  intellect; 
itters  from  the  ever  teeming  fw 
rolific  genuis.  Hard  his  fate,  whj 
r  from  public  life  at  the  age  i 
he  felt  himself  constrained  to  m 

for  that  justice  which  contemp] 
eld  from  him.    And  theap,)calv 

Statues  rise  to  his  memory; 
as  his  name:  posterity  will  do jd 
man  who  at  the  age  of  twenty  ? 
pal  and  most  confidential 
,"  who  retained  the  love  and  coij 
B  Father  of  his  country  to  the  1 
)m  honorable  opponents,  while  ( 
systems  of  policy,  accorded  honJ 
ism,  and  social  affections,  and  tn 

abilities. — This  chapter  was 

write  a  notice  of  the  character  | 

rr ;  but  that  subject  will  not  i 
the  pen.    At  the  appearance  i 

the  spirit  of  Hamilton  starts  upl 
intrusion — to  drive  back  the  fij 

o  its  gloomy  abode — and  to  conci 

lerous  feeling  on  itself. 


HAPTER    CLI. 

I-  WILLIAM  B.  GILES,  OF  YinCISli, 

ed  under  the  presidency  of  Gencj 
le  was  one  of  the  eminent  pa 
upon  the  stage  of  action  with  t| 
nt  of  the  new  constitution-s 
from  a  League  to  a  Union ;  fromll 
)n  to  the  unity  of  the  States- 


ionc  (if  '•'•'  '""^^  conspicuous  in  the  early 
4  of  our  Confjrt'ss.     He  had  that  kind  of 
.  ;„p  tahnt  which  is  most  effective  in  logis- 
.,,f  b«idifS,  and  which  i3  so  difll-rcr't  from 
,,liinj:.     He  was  a  debater ;  and  was  con- 
'U'"!  l*^'  ^^'^'  I^*"'^°'l'h  t^  ^c,  in  our  House  of 
L^sentatives,  what  Charles  Fox  was  adniit- 
j  til  be  in  the  British  House  of  Commons : 
r  „j(,jt  accomplished  debater  which  his  coun- 
.  jijj  tver  seen.     But  their  acquired  advan- 
>  were  very  diflerent,  and  their  schools  of 
iciice  very  opposite.     Jlr.  Fox  perfected  him- 
U  in  the  House,  speaking  on  every  subject ; 
L  Giles  out  of  the  House,  talking  to  every 
Jv    Mr.  Fox,  a  ripe  scholar,  addicted  to  litcr- 
je  and  imbued  with  all  the  learning  of  all 
e classics  in  all  time ;  Mr.  Giles  neither  read 
.  studied,  but  talked  incessantly  with  able 
rather  debating  with  them  all  the  while : 
1  drew  from  this  source  of  information,  and 
L  the  ready  powers  of  his  mind,  the  ample 
[sns  of  speaking  on  every  subject  with  the 
less  which  the  occasion  required,  the  quick- 
L  which  confounds  an  adversary,  and  the 
[Ct  which  a  lick  in  time  always  produces. 
lehad  the  kind  of  talent  which  was  necessary 
)  complete  the  circle  of  all  sorts  of  ability 
itich  sustained  the  administration  of  Mr.  Jef- 
jon.    Macon  was  wise,  Randolph  brilliant, 
Ijtin  and  Madison  able  in  argument ;  but 
lies  was  the  ready  champion,  always  ripe  for 
!  combat— always  furnished  wi*h  the  ready 
to  meet  every  bill.     He  was  long  a 
Lber  of  the  House ;  then  senator,  and  gov- 
Lr;  and  died  at  an  advanced  age,  like  Patrick 
Lv,  without  doing  justice  to  his  genius  in 
e  transmission  of  his  labors  to  posterity;  be- 
like Henry,  he  had  been  deficient  in  edu- 
Ition  and  in  reading.    He  was  the  intimate 
lof  all  the  eminent  men  of  his  day,  which 
ffici  ntly  bespeaks  him  a  gentleman  of  manners 
Ld  heart,  as  well  as  a  statesman  of  head  and 


CHAPTER    CLII. 

rEE8IDENTIAL  ELECTION  OF  1886. 

[.Van  Buren  was  the  candidate  of  the  demo- 
uic  party ;  General  Harrison  the  candidate  of 


the  op|)Ositiiin;  and  Mr.  llui;h  I,.  Whitf  tli:\t  "i 
a  fragment  i>f  the  iliimxT.icy.     Mr.  Viiu  I'.unii 
was  elected,  receivinf:  one  hunda'd  and  seventy 
electoral  votes,  t"  cevenly-tlirec  (.'ivtn  ti>  «Jtni- 
ral  Harrison,  nuil  twenty-.'^ix  j;iven  lu.Mr,  Wliitr. 
The  States  voting  for  each,  were : — Mr.  \'aii 
Buren:  Maine,  New  Ilanipsliiiv,  llliodc  Islanl. 
Connecticut,  New  York,  I'ennsjlviinia,  Viicini:*, 
North  Carolina,  Loui.sif.ua,  Mississippi,  Illinois, 
Alabama,  Missouri,  Michigin.  Arktinsas.      For 
General  Harrison  :  Vermont,  New  .Jer.'^ey,  Dela- 
ware, Maryland,  Kentucky,  Ohio,  Indiana.     For 
Mr.  White :  Georpa  and  Tennessee.     Massachu- 
setts complinicMtcd  Mr.  "Webster  by  bestowing 
her  fourteen  votes  upon  him ;  and  South  Caro- 
lina, as  in  the  two  preceding  elections,  tlux'W 
her  vote  away  upon  a  citizen  not  a  candidate, 
and  not  a  child  of  her  soil — Mr.  JIangum  of 
North  Carolina — disappointing  the  expectations 
of  Mr.  White's  friends,  whose  standing  for  the 
presidency  had  been  instigated  by  Mr.  Calhoun,  to 
divide  the  democratic  party  and  defeat  Mr.  Vaii 
Buren.    Colonel  Richard  JI.  Johnson,  of  Ken- 
tucky, was  the  democratic  candidate  for  the  vice- 
presidency,  and  received  one  hundred  and  forty- 
seven  votes,  which,  not  being  a  majority  of  tho 
whole  number  of  votes  given,  the  election  was 
referred  to  the  Senate,  to  choose  between  tho 
two  highest  on  the  list ;   and  that  body  being 
largely  democratic,  he  was  duly  elected :  receiv- 
ing thirty-three  out   of  forty-nine   sonatorial 
votes.    Tho  rest  of  the  vice-presidential  vote,  in 
tho  electoral  colleges,  had  been  between  Mr. 
Fra'  cis  Granger,  of  New  York,  who  received 
seveuty-seven  votes ;  Mr.  John  Tyler,  of  \  irgi- 
nia,  who  received  forty-seven ;  and  Mr.  William 
Smith,  of  South  Carolina,  complimented  by  Vir- 
ginia with  her  twenty-three  votes.    Mr.  Gran- 
ger, being  the  next  highest  on  tho  list,  after 
Colonel  Johnson,  was  voted  for  as  one  of  tho  two 
referred  to  the  Senate ;  and  received  sixteen 
votes.    A  list  of  the  senators  voting  for  each 
will  show  the  strength  of  the  respective  parties 
in  the  Senate,  at  the  approaching  end  of  Presi- 
dent Jackson's  administration ;  and  how  signally 
all  the  efforts  intended  to  overthrow  him  had 
ended  in  the  discomfiture  of  their  authors,  and 
converted  an  absolute  majority  of  tho  whole 
Senate  into  a  meagre  minority  of  one  third. 
The  votes  for  Colonel  Johnson  were :  Mr.  Ben-, 
ton  of  Missouri;  Mr.  Black  of  Jlississippi;  Mr. 
Bedford  Brown  of  North  Carolina ;  Mr.  Buchaa> 


684 


THIRTY  YEAIW  VIKW. 


an  of  Pennsylvania ;  >f r.  CtitliWrt  of  Gcorpia 5 
Mr.  Diina  of  Maine;  Mr.  Ewing  of  Illinois ;  Mr. 
Fulton  of  Arkansa,s ;  Mr.  (i riinily  of  Tennessee ; 
Mr.  Ifen<lricks  of  Indiana;  Mr.  Hubbard  of 
Maine ;  Mr.  William  Rtifus  King  of  Alabama ; 
Mr.  John  P.  King  of  (ieorgir. ;  Mr.  Louis  F. 
Linn  of  Missouri ;  Mr.  Lucius  Lyf^n  of  Michi- 
pan ;  Mr.  McKean  of  Pennsylvania ;  Mr.  Gabriel 
Moore  of  Alabama;  Mr.  Morr  1  of  Ohio;  Mr. 
Alexander  Monton  of  Louir.ian  . ;  Mr.  Wilson 
C.  Nicholas  of  Louisiana;  Mr.  I^Aca  of  Connec- 
ticut ;  Mr.  John  Norvcll  of  Michican  ;  Mr.  John 
Page  of  New  Hampshire ;  Mr.  Richard  E,  Par- 
ker of  Virginia ;  Mr.  Rives  of  Virginia ;  Mr. 
John  M.  Robinson  of  Illinois ;  Mr.  Ruggles  of 
Maine ;  Mr.  Ambrose  II.  Sevier  of  Arkansas ; 
Mr.  Pcleg  Sprague  of  Maine ;  Mr.  Robert  Strange 
of  North  Carolina ;  Mr.  Nathaniel  P.  Talmadge 
of  New  York  ;  Mr.  Tipton  of  Indiana ;  Mr.  Ro- 
bert J.  AValker  of  Mississippi ;  Mr.  Silas  Wright 
of  New  York.  Those  voting  for  Mr.  Francis 
Granger  were :  Mr.  Richard  II.  Bayard  of  Dela- 
ware; Mr.  Clay;  Mr.  John  M.  Clayton  of  Dela- 
ware ;  Mr.  John  Crittenden  of  Kentucky ;  Mr. 
John  Davis  of  Massachusetts ;  Jlr.  Thomas 
Ewing  of  Ohio ;  Jlr.  Kent  of  Maryland ;  Mr. 
Nehemiah  Knight  of  Rhode  Island ;  Mr.  Pren- 
tiss of  Vermont ;  Mr.  Asher  Robbins  of  Rhode 
Island  ;  Mr.  Samuel  L.  Southard  of  New  Jer- 
sey; Mr.  John  S.  Spence  of  Maryland;  Mr. 
Swift  of  Vermont ;  Mr.  Gideon  Tomlinson  of 
Connecticut ;  Mr.  Wall  of  New  Jersey ;  Mr. 
Webster.  South  Carolina  did  not  vote,  neither 
in  the  person  of  Mr.  Calhoun  nor  in  that  of  his 
colleague,  Mr.  Preston :  an  omission  which  could 
not  be  attributed  to  absence  or  accident,  as  both 
were  present ;  nor  fail  to  be  remarked  and  con- 
sidered ominous  in  the  then  temper  of  the  State, 
and  her  refusa'  to  vote  in  the  three  preceding 
presidential  elections. 


CHAPTER    CLIII." 

LAST  ANNUAL  M'^'.SSAGE  OF  PRESIDENT  JACKSON. 

At  the  opening  of  the  ^econd  Session  of  the 
twenty-fourth  Congress,  President  Jackson  de- 
livered uis  last  Annual  Message,  and  under  cir- 
cumstances to  be  grateful  to  his  heart.  The 
powerful  opposition  in  Congress  had  been  broken 


down,  and  he  saw  full  majorities  of  ardent 
tried  frien<ls  in  each  House.    Wc  were  in 
and  friendsliip  with  all  the  world,  and  all  ^.^ 
ing  questions  quieted  at  home.    Imiiistrv  i- 
its  branches  was  prosperous.    Tin-  nvcnUc  4 
abundant — too  much  so.    The  people  wtro  > 
py.    His  message,  of  course,  was  first  a  reaj.jl 
lation  of  this  auspicious  state  of  tiiinfrR.  at  In  1 
and  abroad ;  and  then  a  reference  to  the 
tions  of  domestic  interest  and  policy  « iiipj, 
quired  attention,  and  might  call  for  action. 
the  head  of  these  measures  stood  the  ^mJi 
act  of  the  last  session — the  act  which  iiniltr  tl 
insidious  and  fabulous  title  of  a  deposit  ofl 
surplus  of  revenue  witJi  the  Statos—niade 
actual  distribution  of  that  surplus ;  and  wk  ij 
tended  by  its  contrivers  to  do  so.     Ilig  ndijj 
of  this  measure  went  to  two  points— his  oJ 
regrets  for  having  signed  the  act,  and  liis  nii| 
givings  in  relation  to  its  future  obsenation. 
said: 

"  The  consequences  apprehended,  \rhen  tl 
deposit  act  of  the  last  session  received  a  J 
luctant  approval,  have  been  measurably  rcalizi 
Though  an  act  merely  for  the  deposit  of  tj 
surplus  moneys  of  the  United  States  in  tl 
State  Treasuries,  for  safe  keeping,  until  th 
may  be  wanted  for  the  service  of  the  pcneii 
government,  it  has  been  extensively  epokonl 
OS  an  act  to  give  the  money  to  the  several  StatJ 
and  they  have  been  advised  to  use  it  as  a  j 
without  regard  to  the  means  of  refunding] 
when  called  for.  Such  a  suggestion  has  doubl 
less  been  made  without  a  due  consi lerationj 
the  obligation  of  the  deposit  act,  and  withoi 
a  proper  attention  to  the  various  prlnciplj 
and  interests  which  are  affected  hy  it.  It] 
manifest  that  the  law  itself  cannoi  R<\nction  b\ 
a  suggestion,  and  that,  as  it  now  stands,  1 
States  have  no  more  authority  to  receive  1 
use  these  deposits  without  intending  to  rctt 
them,  than  any  deposit  bank,  or  any  individjj 
temporarily  charged  with  the  safe-keeping  ] 
application  of  the  public  money,  would  nn 
have  for  converting  the  same  to  their  priTii 
use,  without  the  consent  an  I  against  the  will  j 
the  government.  But,  independently  of  ilf 
violation  of  public  faith  and  moral  obligati^ 
which  are  involved  in  this  suggestion,  wit 
examined  in  reference  to  the  terms  of  the  pJ 
sent  deposit  act,  it  is  believed  that  the  1 
siderations  which  should  govern  the  futd 
legislation  of  Congress  on  this  subject,  will  i 
equally  conclusive  against  the  adoption  of  m 
measure  recognizing  the  principles  on  whi^ 
the  suggestion  has  been  made." 

This  misgiving  was  well  founded.  Before  II 


m 


ANNO  ISSfl.     ANI)KE\V  JACKSON.  I'UI^^IDFLST. 


685 


aw  full  majoriticB  of  ardent 
each  lloupc.    We  were  in  w 
with  all  the  world,  and  all  nq 
[uietcd  at  home.    Iivhistry  in , 
IS  prosi)erou«!.    The  rtTennc  \ 
much  bo.    The  people  wiro  \ 
igc,  of  course,  was  first  a  Tfn\i,>\ 
^uFpicious  state  of  tliirifru,  at  h,,, 
nd  then  a  reference  to  tlic  q,.^ 
Stic  interest  and  policy  which  i 
Dn,  and  might  call  for  action. 
hese  measures  stood  the  i^^j 
session — the  act  which  under  tl 
fabulous  title  of  a  deposit  of| 
rcnue  with  the  States— made 
ition  of  that  surplus ;  and  \va«ii 
contrivers  to  do  so.     Ilia  notij 
ire  went  to  two  points— his  on 
ving  signed  the  act,  and  his  mil 
ition  to  its  future  obser\ation. 

icquenccs  apprehended,  \rhen  tl 

)f  the  last  session  received  a  i 

ival,  have  been  measurably  realize 

ict  merely  for  the  deposit  of  tl 

leys  of  the  United  States  in  tl 

iries,  for  safe  keeping,  until  il» 

ed  for  the  service  of  the  pemi, 

it  has  been  extensively  spoken 

ive  the  money  to  the  several  Stati 

?e  been  advised  to  aseitasag. 

ird  to  the  means  of  refunding 

for.    Such  a  suggestion  1ms  doul 

ide  without  a  due  consi  leration 

n  of  the  deposit  act,  and  witho 

;tention   to  the  various  principl 

9  which  are  affected  b>  it,  It 

;  the  law  itself  cannot  sanction  m 

'  and  that,  as  it  now  stands, 

no  more  authority  to  receive 

)08it8  without  intending  to  ret. 

ny  deposit  bank,  or  any  individ. 

charged  with  the  safe-keeping 

)f  the  public  money,  would  m 

rerting  the  same  to  their  priTi 

the  consent  an  i  against  the  wiU 

lent.     But,  independently  of  t' 

public  faith  and  moral  obligati 

nvolved  in  this  suggestion,  wl 

reference  to  the  terms  of  the  pi 

act,  it  is  believed  that  the  cc 

which   should  govern  the  fuu 

■  Congress  on  this  subject,  will 

•lusive  against  the  adoption  of « 

ognizing  the  principles  on  A 

)n  has  been  made." 

iving  wa»  well  founded.  Before  11 


_^„„as  over  there  was  actually  a  motion  to    thi.>4   odious  prinriple  into   tlh  et.  would  Ik"  at 
\e  the  States  from  their  obligation  to  re-  ;  ""*"*-'  •'•  dtstiov  tlir  mcuiH  i>(  it-  i,Mfuliir>>.  i«iid 
,,  .  money-to  lay  which  motioi>  on  the    ?""«"  t>'^'  ••>'»ri"-t;,r  'l»->i'^;«"<l  f-r  it  by   the 
p:t  W^  "'^"^J  J  .    .  >  franierit  of  the  cun.slitution." 

V  there  were  seventy-three  resisting  votes —  ^ 

jitonishiiif'  number  in  itself,  and  the  more        There  was  another  con>i.len»tiou  coiuuctei' 

uL'ivcn  by  tbe  same  members,  sitting  in  the  |  with  this  policy  of  distribution  which  llu-  I'nw 

foats,  who  had  voted  for  the  act  as  a  de-    sident  did  not  naine,  and  could  not,  in  tlif  K  ro- 


'■■■l  a  few  months  before.     Such  a  vote  was 

ainuus  of  the  fate  of  the  money ;  and  that 

[„  ^nj  not  long  delayed.    Akin  to  this  mea- 

»  and  in  fact  the  parent  of  which  it  was  the 

itanl  pr''B<'".V)  was  distribution  itself,  under 

sown  proper  UMii* ;  and  which  it  was  evident 

w  foon  to  be  openly  attempted,  encouraged 

(it! advocates  were  by  the  success  gained  in 

,  jf posit  act.    The  President,  with  his  char- 

itterislic  frankness  and  firmness,  impugned  that 

tlicy  in  advance ;  and  deprecated  its  effects  un- 

u  jvery  aspect  of  public  and  private  justice, 

[1  of  every  consideration  of  a  wise  or  just 

ijlicy.   lie  said : 

■To collect  revenue  merely  for  distribution 
(die  States,  would  seem  to  be  highly  impolitic, 
hot  as  dangerous  as  the  proposition  to  retain  it 
1  the  Treasury.    The  shortest  reflection  must 

itisfv  every  one  that  to  require  the  people  to 
ki  taxes  to  the  government  merely  that  they 

L  be  paid  back  again,  is  sporting  with  the 


nmi  and  reserve  of  an  ofllciul  conununicatioii  to 
Congress :  it  was  the  iuti lukd  ilRct  of  thine 
distributions — to  debiuirh  the  \k'(>]iU'  with  tlu'ir 
own  money,  and  to  pain  presidintid  votes  by 
lavishing  upon  them  the  t^poils  of  their  country. 
To  the  honor  of  the  jKOplo  this  intended  ell'cel 
never  occurred ;  no  one  of  those  contriving  these 
(Jjstributions  ever  reaching  the  high  object  of 
their  ambition.  Instead  of  dintribulion — histead 
of  raising  money  from  the  people  to  be  returneil 
to  the  people,  with  all  the  deductions  which  the 
double  operation    of  collecting   and    dividing 
would  incur,  an<l  with  the  losses  which  unfaith- 
ful agents  might  indict — instead  of  that  idle 
and  wasteful  process,  which  would  have  been 
childish  if  it  had  not  been  vicious,  he  recom- 
mended a  reduction  of  taxes  on  the  comforts 
and  necessaries  of  life,  and  the  levy  of  no  more 
money  than  was  necessary  for  the  economical 
administration  of  the  government ;  and  said : 


tontial  interests  of  the  country,  ana  no 
Item  which  produces  such  a  result  can  be 
ipectcd  to  receive  the   public   countenance. 
ithing  could  be  gained  by  it,  even  if  each  in- 
idual  who  contributed  a  portion  of  the  tax 
Id  receive  back  promptly  the  same  portion. 
It  it  is  apparent  that  no  system  of  the  kind 
ever  be  enforced,  which  will  not  absorb  a 
jiderable  portion  of  the  money,  to  be  distri- 
ited  in  salaries  and  commissions  to  the  agents 
iployed  m  the  process,  and  in  the  various 
i  and  depreciations  which  arise  from  othe;- 
s ;  and  the  practical  efi'ect  of  such  a*:  at- 
ipt  must  ever  be  to  burden  the  people  with 
;es,  not  for  purposes  beneficial  to  them,  but 
6tc11  the  profits  of  deposit  banks,  and  sup- 
a  band  of  useless  public  oflBcers.    A  distri- 
ion  to  the  people  is  impracticable  and  unjust 
other  respects.  It  would  be  taking  one  man's 
jperty  and  giving  it  to  another.    iJuch  would 
the  unavoidable  result  of  a  rule  of  equality 
id  none  other  is  spoken  of,  or  would  be  likely 
be  adopted),  inasmuch  as  there  is  no  mode  by 
ichthe  amount  of  the  individual  contribu- 
of  our  citizens  to  the  public  revenue  can 
isartained.    We  know  that  they  contribute 
ually,  and  a  rule  therefore  that  would  dis- 
lute  to  them  equally,  would  be  liable  to  all 
objections  which  apply  to  the  principle  of 
equal  division  of  property.    To  make  the 
iral  go\ornment  the  instrument  of  carrying 


"  In  reducing  the  revenue  to  the  wants  of  the 
government,  your  particular  attention  is  invited 
to  those  articles  which  constitute  the  necessaries 
of  life.  The  duty  on  salt  was  laid  as  a  wi  r  tax, 
and  was  no  doubt  continued  to  assist  in  pi  ovid- 
ing  for  the  payment  of  the  war  debt.  The»"e  is 
no  article  the  release  of  which  from  taxation 
would  be  felt  so  generally  and  so  benelicially. 
To  this  may  be  added  all  kinds  of  fuel  and  pro- 
visions. Justice  and  benevolence  unite  in  favor 
of  releasing  the  poor  of  our  cities  from  burdens 
which  are  not  neces;;ary  to  the  support  of  our 
government,  and  tend  only  to  increase  the 
wants  of  the  destitute." 

The  issuance  of  the  "Treasury  Circular" 
naturally  claimed  a  place  in  the  President's 
message  ;  and  received  it.  The  President  gave 
bis  reason  for  the  measure  in  the  necessity  of 
saving  the  public  domain  from  being  exchanged 
for  bank  paper  money,  vv'hich  was  not  wanted, 
and  might  be  of  little  value  or  use  when  want- 
ed ;  and  expressed  himself  thus : 

"  The  effects  of  an  extension  of  bank  credits, 
and  over-issues  of  bank  paper,  have  been  strik- 
ingly Illustrated  in  the  sales  of  the  public  lands. 
From  the  returns  made  by  the  various  register* 
and  leceivers  in  the  early  part  of  lost  summer 


C8G 


TIIIH-n'  YKAHS'  \l¥.\\: 


it  wuH  |M'rr'iiv('(l  tlint  tho  roroipts  arisinp;  from 
ihp  Miles  of  the  piiMic  IhtkIh.  wore  increasing  to 
nil  iiiiitrcrcdcntetl  amount.     In  ('H'wt,  howi'viT, 
llicsc  rccfijifH  anioiintcfl  to  notliinjc  more  than 
rri'iiitH  In  Imnk.    Tho  hanks  IcTit  out  their  notes 
t"  spocuIatf)rs  ;  they  were  paid  to  tho  receivers, 
and  immediately  returned  to  tho  banks,  to  bo 
lent  out  ajj;ain  and  opiin ;  beinj?  mere  instni- 
ments  to  transfer  to  speculators  tho  most  valu- 
able public  land,  and  i>ay  the  povemment  by  a 
crinlit  on  tho  books  of  the  banks.    Those  cre- 
dits on  the  books  of  some  of  tho  western  banks, 
usually  called  deposits,   were  already  prcatly 
bfyend  their  immediate  moans  of  payment,  and 
were  rapidly  incrcasinp;.    Indeed  each  specula^ 
tion  furnished  means  for  another;  for  no  sooner 
had  one  individual  or  company  paid  in  the 
notes,  than  they  were  immediately  lent  to  ano- 
ther for  a  like  purpose  j  and  tho  banks  were 
cxtendinj^  their  business  and   their  issues  so 
larp:ely,  as  to  alarm  considerate  men,  and  render 
it  doubtful  whether  these  bank  credits,  if  per- 
mitted to  accumulate,  would  ultimately  bo  of 
the  least  value  to  tho  povcrnment.    Tho  spirit 
of  expansion  and  r.peculation  was  not  confined 
to  tho  deposit  banks,  but  pervaded  the  whole 
multitude  of  banks  throughout  the  Union,  and 
was  piving  rise  to  new  institutions  to  aggravate 
the  evil.    The  safety  of  the  public  funds,  and 
the  interest  of  the  people  generally,  required 
that  these  operations  should  be  checked ;  and  it 
became  tho  duty  of  every  branch  of  the  general 
and  State  governments  to  adopt  all  legitimate 
and  proper  means    to  produce  that  salutary 
effect.    Under  this  view  of  my  duty  I  directed 
tho  issuing  of  the  order  which  will  be  laid  be- 
fore you  by  the  Secretary  of  tho  Treasury,  re- 
quiring payment  for  the  public  lands  sold  to  be 
made  in  specie,  with  an  exception  until  the  15th 
of  the  present  month,  in  favor  of  actual  settlers. 
This  measure  has  produced  many  salutary  con- 
sequences. It  checked  the  career  of  the  Western 
banks,  and  gave  them  additional  strength  in 
anticipation  of  tho  pressure  which  has  since 
l)ervaded  our  Eastern  as  well  as  the  European 
commercial  cities.  By  preventing  the  extension 
of  the  credit  system,  it  measurably  cut  oflf  the 
means  of  speculation,  and  retarded  its  progress 
in  monqpolizing  the  most  valuable  of  the  public 
lands.    It  has  tended  to  save  the  new  States 
from  a  non-resident  proprietorship,  one  of  the 
greatest  obstacles  to  the  advancement  of  a  new 
country,  and  the  prospft-ity  of  an  oil  one.    It 
has  tended  to  keep  open  the  public  lands  for 
the  en.ry  of  emigrants  at  government'  prices, 
instead  of  their  being  compelled  to  purchase  of 
speculators  at  double  or  treble  prices.    And  it 
is  conveying  into  the  interior  large  sums  in 
silver  and  gold,  there  to  enter  permanently  into 
the  currency  of  the  country,  and  place  it  on  a 
firmer  foundation.     It  is  confidently  believed 
that  the  country  will  find  in  the  motives  which 
induced  that  order,  and  tho  happy  consequences 
which  will  have  ensued,  much  to  commend  i  id 
Dotbing  to  condemn." 


The  people  were  satiEfie<l  with  tlic  Tr>;i..„ 
Cinrular ;  they  «aw  its  honesty  ani  pood  ..ff,, 
but  the  politicians  were  not  fatisficil  »j,i| 
They  thought  they  saw  in  it  a  new  ixeni^. 
illegal  power  in  the  Prcsulent — a  new  tamr,  i-j 
with  tho  currency — a  new  destruction  i,ftJ 
public  prosperity;  and  comnicncwl  an  „,,, 
upon  it  the  moment  Congress  met,  vtry  n,,,, 
in  the  style  of  the  attack  upon  the  order  f,rt|J 
removal  of  tho  deposits  ;  and  with  fresli  h,,,, 
from  tho  resentment  of  the  "  thousand  lj!.nl,i| 
whoso  notes  had  been  excluded,  and  fma  J 
discontent  of  many  members  of  Congress  whoi 
schemes  of  speculation  had  Ijcen  balked,   Ad 
notwithstanding  tho  democratic  majorities 
the  two  Houses,  the  attack  upon  the  "Circulari 
had  a  great  success,  many  members  being  i 
terested  in  the  exclaied  banks,  and  partner?  i 
schemes  for  monopolizing  the  lands.    A  bill  ji 
tended  to    repeal    tho  Circular  was  actiial| 
passed  through  both  Houses ;  but  not  in  dia 
terms.    That  would  have  been  too  flap;iant. 
was  a  bad  thing,  and  could  not  be  fairly  i],, 
and  therefore  gave  rise  to  indirection  and  muJ 
guity  of  provisions,  and  complication  of  phrasJ 
and  a  multiplication  of  amphibologies,  wliJ 
brought  the  bill  to  a  very  ridiculous  conclu>i(j 
when  it  got  to  the  hands  of  General  Jacks 
But  oi'  this  hereafter. 

The  intrusive  efibrts  made  by  politicians ; 
missionaries,  first,  to  prevent  treaties  from  beij 
formed  with  tho  Indians  to  remove  from  i 
Southern  States,  and  then  to  prevent  the  i 
moral  after  the  treaties  were  made,  led  to  i 
rious  refusals  on  the  part  of  some  oftli(J 
tribes  to  emigrate ;  and  it  became  necessai^- 
dispatch  officers  of  high  rank  and  reputatid 
with  regular  troops,  to  keep  down  outrages  >■ 
induce   peaceable    removal.       Major  GeneJ 
Jesup  was  sent  to  the  Creek  nation,  where  1 
had  a  splendid  success  in  a  speedy  and  bloodlJ 
accomplishment  of  his  object.    Major  Gmil 
Scott  was  sent  to  the  Cherokees,  where  a  pei( 
nocious  resistance  was  long  encountered,  1 
eventually  and  peaceably  overcome.    TheSeiJ 
nolo  hostilities  in  Florida  were  just  breai 
out ;  and  the  President,  in  his  message,  tl)| 
notices  all  these  events : 

"  The  military  movements  rendere';'.  necessai 
by  tho  aggressions  of  the  hostile  portions  of  ij 
Seminole  and  Creek  tribes  of  Indians,  and  I 
other  circumstances,  have  required  the  aciil 


ANNO  1806.     ANDUKW  JACKSON,  Pi:r>II)KNT. 


C87 


were  satiEflcil  with  tin-  Trf^s.j. 
■  naw  its  honesty  ani  pond  ,.ff,^ 
cians  were  not  pati^fii'.!  witt,  J 
they  saw  in  it  a  new  vxn-l^ 
in  the Prcs'dcnt — a  new  tuiiif,n 
Toncy — a  new  destruction  nftJ 
irityj  and  comniencpd  an  mu 
oment  Congress  met,  vLry  ii,i,|j 
'  the  attack  upon  the  order  f.,rtH 
e  deposits  ;  and  with  fresh  li,,,j 
■ntnient  of  the  "  thousand  bank* 
lad  been  excluded,  and  from  iJ 
many  members  of  Conpress  whij 
icculation  had  been  balked.  Ad 
ing  the  dem.ocmtic  majorities 
ics,  the  attack  upon  the  "Circularl 
success,  many  members  btinf  i 
le  exclu  icd  banks,  and  partner? 
nonopolizing  the  lands.  A  bill 
•cpcal  the  Circular  was  actuall 
gh  both  Houses ;  but  not  in  ili.-o 
t  would  have  been  too  flapiant. 
ling,  and  could  not  hi  fairly  JoJ 
3  gave  rise  to  indirection  and  aniU 
visions,  and  complication  of  phnsJ 
ipIicatioQ  of  amphibologies,  yhij 
bill  to  a  very  ridiculous  conclu>i[ 
to  the  hands  of  General  JackM 
lereafter. 

sive  efforts  made  by  politician.?  i 
first,  to  prevent  treaties  from  bei^ 
I  the  Indians  to  remove  from  •■ 
ates,  and  then  to  prevent  the  i 
the  treaties  were  made,  led  to  i 
Is  on  the  part  of  some  ofthd 
igrate ;  and  it  became  necessary 
icers  of  high  rank  and  reputatiJ 
troops,  to  keep  down  outrajres  il 
seable    removal.       Major  Geneij 
ent  to  the  Creek  nation,  where  I 
id  success  in  a  speedy  and  bloodlJ 
lent  of  his  object.    Major  Genea 
mt  to  the  Cherokees,  where  a  pcij 
istance  was  long  encountered, ' 
nd  peaceably  overcome.    TheSed 
ies  in  Florida  were  just  br 
le  President,  in  his  message,  tbj 
hese  events : 

itary  movements  rendere-?.  neces 
essions  of  the  hostile  portions  of  tl 
id  Creek  tribes  of  Indians,  and  I 
instances,  have  required  the  aciil 


,„y,n(.nt  uf  nearly  our  whole  rrj^nlar  force, 

odine  the  marine  corps,  and  of  largo  bodies 

Militia  and  vohmtecrH.    W  it  h  all  these  events, 

fir  «■*  •''">'  "*'**'  known  ut  the  neat  of  govern- 

^„t  ihT'iic'th**  terininnfion  of  your  last  .«e.«f.ion, 

ill  ire  nl'^'"'"  "'"'innintcd  ;  and  it  is  therefore 

■  v  needful  >  .  mis  piai'e  to  lay  before  you  a 

f  ■•nmniary  of  what  has  since  occurred.   The 

fcfwiih  the  Seminolcs  during  the  summer  was, 

p  (ur  part)  chiefly  confined  to  the  protection 

(cwr  frontier  settlements  from  the  incursions 

1(1,0  enemy}  and,  as  a  necessary  and  imjior- 

iftmcftns  for  the  accomplishment  of  that  end. 

nhe  maintenance  of  the  post^  previou.sjy  es- 

l;<he<l.    In  the  course  of  this  duty  several 

,:on9  took  place,  in  which  the  bravery  end 

^iiiline  of  both  otlioers  and  mon  were  con- 

tcuously  displayed,  and  which  I  have  deemed 

fproper  to  notice  in  respect  to  the  former,  by 

'jp.jnting  of  brevet  rank  for  gallant  .services 

itlie  field.    Bu*  *8  the  force  of  the  Indians 

L  jQt  so  far  weakened  by  these  i)artial  suc- 

Lc3  as  to  lead  them  to  submit,  and  as  their 

tip;  inroads  were  frequently  repeated,  early 

(ssiires  were  taken  for  placing  at  the  disposal 

r  Governor  Call,  who,  as  commander-in-chief 

J  the  territorial  militia,  had  been  temporarily 

Leited  with  the  command,  an  ample  force,  for 

(;  purpose  of  resuming  oftensive  operations  in 

einost  efficient  manner,  so  soon  a.s  the  season 

luld  permit.    Major  General  Jesup  was  also 

Kted,  on  the  conclusion  of  his  duties  in  the 

[«k  country,  to  repair  to  Florida,  and  assume 

command.     Happily  for  the  interests  of 

jnanity,  the  hostilities  with  the  Creeks  were 

Wht  to  a  close  soon  after  your  adjournment, 

Ithout  that  effusion  of  blood,  which  at  one  time 

!  apprehended  as  inevitable.    The  uncondi- 

Enal  submission  of  the  hostile  party  was  fol- 

Vd  by  their  speedy  removal  to  the  country 

Eiimcd  tbcm  west  of  the  Mississippi.    The  ir>- 

n  'J>  to  the  alleged  frauds  in  tlie  purchase 

fthe  reservations  of  these  Indians,  and  the 

lies  of  their  hostilities,  requested  by  the  re- 

lition  of  the  House  ol  liepresentatives  of  the 

)of  July  last  to  be  made  by  the  President,  is 

r  going  on,  through  the  agency  of  commis- 

jncrs  appointed  for  that  purpo  m.  Their  report 

Ifihr  expected  during  your  present  session. 

"e  difliculties  apprehended  in  the  Cherokee 

mtry  have  been  prevented,  and  the  peace  and 

fety  of  that  region  and  its  vicinity  etiieccually 

hired,  ly  the  timely  measures  taken  by  the 

r  department,  and  still  continued." 

fhe  Bank  of  the  United  States  was  destined 
me  another,  and  a  parting  notice  from 
ml  Jackson,  and  greatly  to  its  further  dis- 
lit,  brought  upon  it  by  its  own  lawless  and 
Ibonest  course.  Its  charter  had  expired,  and 
!id  delayed  to  refund  the  stock  paid  for  by 
I  United  States,  or  to  pay  the  back  dividend ; 
transferred  itself  with  all  ics  etlects. 


and  all  its  siibiscrilier-*  except  the  Tnited  .^tnf'-s. 
to  a  new  corporation,  nnder  the  same  lutm', 
rr«'ato>'  hynjimrisii  to  a  mid  l.ill  in  t!ic  fnnrnil 
A.ssenibly  of  lVniis\  Ivnni.i,  olituincd  l.y  liriUry, 
as  subsequent  K'pi^liitive  investiL'ation  prove"!. 
This  tnnsfiT,  or  trnnsmipnUion,  was  a  new 
and  most  amazing  procedure.  Tin-  iiu'temps\. 
chosis  of  a  bank  was  a  novelty  wiiiidi  roufoinnl- 
ed  and  astounded  the  sen-ii's,  mvl  set  tlie  wits 
of  Congress  to  work  to  find  out  how  it  rouM 
I  legally  be  done.  The  Pre.siilent,  tliou^'h  a  pool 
'  lawyer  and  juilgc  of  law,  did  not  trouble  him- 
.self  with  log!»I  subtleties  and  disquisitions.  Hi- 
took  the  broad,  moral,  practical,  business  viev^of 
the  question  ;  and  pronounced  it  to  be  dishonest, 
unlawful,  and  irresponsible ;  and  rccoTuineudL'd 
to  Conpress  to  look  after  ka  stock.  The  ires- 
sage  said : 

"The  conduct  and  present  condition  of  that 
bank,  and  the  great  amount  of  capital  vested  in 
it  by  the  United  States,  require  your  careful  at- 
tention. Its  charter  expired  on  the  third  day 
of  March  la.st,  and  it  has  now  no  power  but  that 
given  in  the  21st  section,  'to  use  the  corporate 
name,  style,  and  capacity,  for  the  purpose  of 
suits,  for  the  final  .settlement  and  liquid.ation  of 
the  aflairs  and  accounts  of  the  corporation,  and 
for  the  sale  and  disposition  of  their  estate,  real, 
personal,  and  mixed,  and  not  for  any  other  pur- 
pose, or  in  any  other  manner  whatsoever,  nor  lor 
a  period  exceeding  two  years  after  the  oxiiiri- 
tion  of  the  said  term  of  incorporation.'  Before 
the  expiration  of  the  charter,  the  stockholders 
of  the  bank  obtained  an  act  of  incorporation 
from  the  legislature  of  Pennsylvania,  excluding 
only  the  United  States.  Instead  of  proceeding 
to  wind  up  their  concerns,  and  pay  over  to  the 
United  States  the  amount  due  on  account  o"  the 
stock  held  by  them,  the  president  and  directors 
of  the  old  bank  api)ear  to  have  transferred  the 
books,  papers,  notes,  obligations,  and  most  or  all 
of  its  proper<^> ,  to  this  new  corporation,  which 
entered  upon  business  as  a  continuation  of  the 
old  concern.  Amongst  other  acts  of  questiona- 
ble validity,  the  notes  of  the  expired  corporation 
are  known  to  have  been  used  as  its  own,  and 
again  put  in  circulation.  That  the  old  bank 
had  no  right  to  issue  or  "reissue  its  notes  after 
the  expiration  of  its  charter,  cannot  be  denied ; 
and  that  it  could  not  confer  any  .such  right  on 
its  substitute,  any  more  than  exercise  it  i  self, 
is  equally  plain.  In  law  and  honesty,  the  iiote.s 
of  the  bank  in  circulation,  at  t*^  ■  expiration  of 
its  charter,  should  have  been  called  in  by  public 
advertisement,  paid  up  as  presented,  and,  to- 
gether with  those  on  hand  "ncelled  and  de- 
stroyed. Their  re-issue  is  su  nedby  no  law, 
and  warranted  by  no  necess- ., .  If  the  United 
States  be  responsible  in  their  stock  for  the  pay- 
ment of  these  notes,  their  re-issue  by  the  new 


688 


TIIIKTV  Vr.AUS-  VIKW. 


cnrporntion,  for  thrir  own  profit,  is  a  fraud  on 
the  govcrntrniit.  If  tin-  I'liiH"!  Stati'K  i*  not 
r('S|iiiiisil)I(',  tlii'H  then-  in  no  Ic;:nl  rcs|i()nsil)ility 
in  nny  (|imrl(r.  nml  it  ir*  n  fraud  on  tlic  rniuitry. 
'I'lioy  nrc  llic  ri'<lc('nic(l  nott-H  of  a  ilinsdlvwl 
|iiirtnLTsiii[),  liiit,  lontrary  to  the  winlies  of  the 
ntiriiiK  pardici',  ami  without  liiH  connont.  nrc 
ajrain  iv-is-iiicd  and  circulated.  It  i^  tlio  hif;h 
and  |peruliiir<Iiify  of  ConproHH  to  dcridu  wliftluT 
nny  fiirtlicr  IcpiNJation  bo  necessary  for  tlio  se- 
curity of  tlio  lar^o  amount  of  public  property 
now  hold  and  in  use  by  thu  new  bank,  and  for 
vindicatinj;  thi-  rip;hts  of  tho  Rovemniont,  and 
comiielliii}:  a  speedy  ami  honest  settlement  with 
all  tho  creditor-t  of  the  old  bank,  public  and  pri- 
vate, or  whether  tho  Hubject  shall  bo  loft  to  tho 
power  now  possessed  by  tho  executive  and 
judiciary.  It  renuiins  to  be  seen  whether  tho 
persona,  who,  as  nianapers  of  the  old  bank,  un- 
dertook to  control  the  government,  retained  tho 
public  dividends,  shut  their  doors  upon  a  com- 
mittee of  the  House  of  Reprcsontativos,  and  lillcd 
tho  country  with  panic  to  accomplish  tlieir  own 
sinister  objects,  may  now,  aa  managers  of  a  new 
Bank,  continue  with  impunity  to  flood  tho  coun- 
try with  a  spurious  currency,  use  tho  soven  mil- 
lions of  gOTornmont  stock  for  their  own  profit, 
and  refuse  to  the  United  States  all  information 
as  to  the  present  condition  of  their  own  proper- 
ty, and  tho  prospect  of  recovering  it  into  their 
own  possession.  The  lessons  taught  by  the 
bank  of  tho  United  States  cannot  well  bo  lost 
upon  the  American  people.  They  will  take  care 
never  again  to  place  so  tremendous  a  power  in 
irresponsible  hands,  and  it  will  be  fortunate  if 
they  seriously  consider  the  consequences  which 
arc  likely  to  result  on  a  smaller  scale  from  the 
facility  with  which  corporate  powers  arc  grunted 
by  their  State  government." 

This  novel  and  amazing  attempt  of  the  bank  to 
transmigrate  into  the  body  of  another  bank  with 
all  its  eilccts,  was  a  necessity  of  its  position — the 
necessity  which  draws  a  criminal  to  even  insane 
acts  to  prevcat  the  detection,  exposure,  and  ruin 
from  which  guilt  recoils  in  not  less  guilty  contriv- 
ances. The  bank  was  broken,  and  could  not  wind 
up,  and  wished  to  postpone,  or  by  chanco  avert 
the  dreaded  discovery.  It  was  in  the  position  of 
a  glass  vase,  cracked  from  top  to  bottom,  and 
ready  to  split  open  if  touched,  but  looking  as 
if  whole  while  sitting  unmoved  on  the  shelf. 
The  great  bank  was  in  this  condition,  and  there- 
fore untouchable,  and  saw  no  resource  except  in 
a  metempsychosis — a  difficult  process  for  a  soul- 
less institution — and  thereby  endeavoring  to 
continue  its  life  without  a  change  of  name,  form, 
or  substance.  The  experiment  was  a  catastro- 
phe, as  might  have  been  expected  beforehand ; 
and  as  was  soon  seen  afterwards. 


Tho  injury  remilting  to  tho  pnhji,; 
from  tho  long  delay  in  making  th;.  stPtr.,. 
tions  at  the  lost  Sfinidu — delayed  \vlii|,.,]fni. 
with  distributiMi  'ills  until  the  soiu-on  f.  r 
had  well  passed  away.     On  tliiii  point  thr  „ 
sage  said : 

"  No  time  was  lost,  after  tho  ni;ikinu  i.f  • 
requisite  appmpriations,  in  re-iuniiii);  tlic  m* 
national  work  of  completing  the  unfliii^||^,|  J 
tifications  on  our  8eal>oard,  and  of  pjacin,-  (U 
in  a  proiKjr  state  of  defence.    In  cmisiim,, 
however,  of  the  very  late  day  at  which  th 
bills  were  pasgcd,  but  little  progress  c(mi1,i| 
niado  during  the  season  which  \\m  juh  d,  ^, 
A  very  largo  amount  of  tho  moneys  (irantoili 
your  last  session  accordingly  remains  iini.\f»J 
wl ;  but  as  the  work  will  be  again  roMirnt,!  j 
the  earliest  moment  in  the  comin;;  siirim' 
balance  of  the  existing  appropriations,  ai|i| 
several  cases  which  will  bo  laid  before  yonwjL 
the  proper  estimates,  further  sums  for  tlio  \m 
objects,  may  bo  usefully  expended  Uurin  •  I 
next  year."  " 

Here  was  one  of  the  evils  of  dividing  the  tJ 
lie  money,  and  of  factious  opposition  tu  the  o 
emmcnt.    The  session  of  1834 — 'ShadcloJ 
without  a  dollar  for  tho  military  defences,  1  j 
ing  half  finished  works  unfi;>ishcd,  and  Mm 
works  unarmed ;  and  that  in  tho  presence  ( 
threatening  collision  with  France;  and  at  | 
subsequent  session  of  1835-  6,  the  appropriaticl 
were  not  made  until  the  month  of  July 
when  they  could  not  be  used  or  applied. 

Scarcely  did  tho  railroad  system  bcpjl 
spread  itself  along  the  highways  of  the  lull 
States  than  the  effects  of  tho  monopoly  and  I 
tortion  incident  to  moneyed  corporatioas,! 
to  manifest  itself  in  exorbitant  demands  fur  J 
transportation  of  the  mails,  and  in  capriciJ 
reflisals  to  carry  them  at  all  except  on  their  o| 
terms.  President  Jackson  was  not  tho  nun| 
submit  to  an  imposition,  or  to  capitulate  t 
corporation.  He  brought  the  subject  bed 
Congress,  and  invited  particular  attention  tol 
in  a  paragraph  of  his  message;  in  whict>| 
said: 

"  Your  particular  attention  is  invited  to 
subject  of  mail  contracts  with  railroad  c 
panics.  The  present  laws  providing  for  the  i 
ing  of  contracts  are  based  upon  the  presunpL 
that  competition  among  bidders  will  secure  I 
service  at  a  fair  price.  But  on  most  of  the  i 
road  lines  there  is  no  competition  in  that  L 
of  transportation,  and  advertising  is  therel 
useless.  No  contract  can  now  be  made  « 
them,  except  such  as  shall  be  negotiated  bel 


ANNd  )s:,.-.,     AMiUlAV  JA(KSn\.  l'IlI>n(K.NT. 


G89 


'  n'RuUinK   to  the  public  i^f 
H  (Uliiy  in  miikiiin  >.\:v  «p[,r.,p, 
Lst  (W."<rtiiin — lU'layi'il  \' liilc  ,jfn,,,, 
til, II  'ills  until  till.'  MM-on  Tr'at^ 
sell  away.     On  UiIh  iwinlih^i 

was  lost,  after  tho  makine  '.f  ^ 
n>i>riatii»n«,  in  nv-iunrniK  itic  ^f. 
k  of  comtilutinK  tlie  uiirmi(il,i..l  f J 

our  et'ttlioard,  and  of  iilacin,;  t  J 
Btato  of  defence.  In  conmninnl 
tho  very  late  day  at  which  ih^ 
asscd,  but  little  progress  cdiiH  [ 
;  the  season  which  lio^  just  d,<« 
)  amount  of  tho  moneys  prantt.l, 
sion  accordinply  remains  untsU 
,he  work  will  bo  again  riMnnt,! 

moment  in  the  comins  s|irinj», 
;ho  exiHtint?  appropriations,  anil 
I  which  will  bo  laid  befure  yu\i,J 
stimatcH,  further  sums  for  the  I 
r  bo  usefully  expended  during 

one  of  the  evils  of  dividing  the  pJ 
nd  of  factious  opposition  to  the  j 
rho  session  of  1834 — '5  had  cloi 
ollar  for  tho  military  defences,  kJ 
shed  works  unfi;>ished,  and  finijli| 
med ;  and  that  in  the  presence  ( 
collision  with  France ;  and  at  I 
session  of  1835-  6,  the  appropriatii^ 
lado  until  tho  month  of  July  i 
could  not  be  used  or  applied. 
did  tho  railroad  system  begin  I 
'  along  the  highways  of  the  Unij 
tho  eifects  of  tho  monopoly  andj 
dent  to  moneyed  corporations,! 
,  itself  in  exorbitant  demands  fori 
ion  of  the  mails,  and  in  capriciJ 
carry  them  at  all  except  on  theit  ol 
■esident  Jackson  was  not  tho  m\ 
an  imposition,  or  to  capitulate  I 
He  brought  the  subject  bell 
and  invited  particular  attention  toj 
;raph  of  his  message ;  in  whicbl 

particular  attention  is  invited  to 
mail  contracts  with  railroad  c^ 
he  present  laws  providing  for  the  i 
tracts  are  based  upon  the  presurap 
etition  among  bidders  will  secure] 
a  fair  price.    But  on  most  of  the  r 
there  is  no  competition  in  that  I 
jrtation,  and  advertising  is  there! 
No  contract  can  now  be  made  4 
ept  such  as  shall  bo  negotiated  bel 


jtitn*  i)f  "'rtifinjior  nftcrwnnl.^,  and  the  powrr 

r,i,  I'diininKtcr-pent  rnl  to  pny  ituiii    lii^'ii 

^  i^,  pmrtirally.    uithont    iiniitntinii.     It 

cM )«  ft  rt'lief  tn  him,  and  no  doiiiit  would 

1,,,^  to  the  public  interest,  to  pn.-ci  il>e  by 

jiOK'  c<|uital)le  lia.«is  upon  which  nuch  cou- 

.fhall  ri'-st.  and  n.-'lrii  t  him  by  a  tlxccl  rule 

|/,I|„«»nii'.     I'niliT  a  IIIkthI  art  of  that  sort, 

Ljniild  iindoul'to<lly  I*  able  t>  sucurc  the  fvr- 
i»fmi>.'<t  of  tho  railroad  c<»mpaniei<.  and  the 

t(v*t  of  the  Dipartnitiit  would  Ijo  thu.s  ad- 

itad" 

llhemosunp'  recommended  a  friendly  sujier- 
jonoTcr  the  Indian  tribes  removed  to  the 

\t\.  of  the  Mi8.siHsippi  with  the  important 
nstion  of  preventing  intestine  war  by  mili- 
r  intcrfiTence,  as  well  ns  improving  their  con- 

L„n  hy  all  the  usual  means.     On  these  points, 

\-]\\t  national  policy,  foimdod  alike  in  interest 
ji:i  humanity,  so  long  and  so  steadily  pursued 
tibi  povernment,  for  the  removal  of  the  In- 
n  tribes  originally  settled  on  this  side  of  the 
LiKJiipi,  to  the  west  of  that  river,  may  bo 
ito have  been  consummated  by  the  conclusion 
flhe  late  treaty  with  the  Cherokees.  Tho 
jgaas  taken  in  the  execution  of  that  treaty, 
j in  relation  to  our  Indian  afliiirs  generally, 
1  fully  appear  by  referring  to  tho  accompany- 
Ipapers,  Without  dwelling  on  tho  numerous 
pirtant  topics  embraced  in  them,  I  again 
Itc your  attention  to  tho  importance  of  pro- 
jjiT  a  well-digested  and  comprehensive  system 
Itlic  protection,  supervision  and  improvement 
Ite  various  tribes  now  planted  in  the  Indian 
ftrv.  Tho  suggestions  submitted  by  the 
mL'sioncr  of  Indian  affairs,  and  enforced  by 
jiecrctary,  on  this  subject,  and  also  in  regard 
[  establishment  of  additional  military  po.sts 
>  Indian  country,  are  entitled  to  yonr  pro- 
1  consideration.  Both  measures  are  neces- 
l  for  the  double  purpose  of  protecting  the 
Jans  from  intestine  war,  and  in  other  respects 
(plying  with  our  engagements  to  them,  and 
liring  our  Western  frontier  against  incur- 
;,  vf hich  otherwise  will  assuredly  be  made 
The  best  hopes  of  humanity,  in  regard 
|ie  aboriginal  race,  tho  welfare  of  our  rapidly 
;  settlements,  and  the  honor  of  the  Uni- 
IStatcs.  are  nil  deeply  involved  in  the  rela- 
]i  existing  Ijetween  this  government  and  the 
rating  tribes.  I  trust,  therefore,  that  the 
Jfis  matters  submitted  in  the  accompanying 
ments,  in  respect  to  those  relations,  will  re- 
kyour  early  and  mature  deliberation ;  and 
(it  may  issue  in  the  adoption  of  legislative 
Jires  adapted  to  the  circumstances  and  du- 
lof  the  present  crisis." 

fs  suggestion  of  preventing  intestine  wars 
ley  are  called)  in  the  bosoms  of  the  tribes, 
■niied  equally  in  humanity  to  the  Indians 

Vol.  I.— 44 


Since 


and  duty  to  o»in.iIv««.     Such  war-t  arc  nothing 

but  nmKKUTci.  a.-cft^Mnation.o  and  conli-niii.nK. 

The  ftnii^Tr  party  nppriM^  a  haled.  ..r  f.ard 

niiuoritv  •■r  chi.f;  niid   --lav  «ith  inipnnity  (in 

^  come  of  the  tiiUs),  whciv  the  n....Mimpti'.n  of  a 

I  form  of  goveminent,  modelled  after  that  of  the 

I  white  nice,  f  .r  which    tlicy  Inve  no  rap.vity, 

j  givcrt  the  ju.stillcation  of  executions  in  wlnt  is 

nothing  but  revenge  ..nd  assa-ssiuaiinn.     I'ndcr 

their  own  ancient  laws,  of  blood  for  1.1 1,  ami 

for  the  slain  to  avenge  the  wrong,  this  liiil.ijity 
of  personal  responsibility  restrained  the  billin 
to  cases  of  public  justifiable  necessity 
the  removal  of  that  respon.sibility,  revcngi-.  am- 
bition, plunder,  take  their  course:  and  the  ron- 
scfiuence  is  a  .H>ries  of  assassinations  which  have 
been  going  on  for  a  long  time ;  and  still  ccjutinue. 
To  aggravate  many  of  these  mussacivs,  and  to 
give  their  victims  a  stronger  claim  upon  the  pro- 
tection of  the  United  States,  they  are  done  upon 
those  who  are  friends  to  the  United  .'^tates, 
upon  occusations  of  having  betrayed  the  interest 
of  the  tribe  in  some  treaty  for  the  sale  of  lands. 
The  United  States  claim  jurisdiction  ov  r  their 
country,  and  exercise  it  in  the  punishment  of 
some  classes  of  criminals;  and  it  would  be  good 
to  extend  it  to  the  length  recommended  by  Pre- 
sident Jackson. 

The  message  would  have  been  incomjilcte 
without  a  renewal  of  the  standing  reconnnonda- 
tion  to  take  the  presidential  election  out  of  tho 
hands  of  intermediate  bodies,  and  give  it  diivct- 
ly  to  the  people.  He  earnestly  urged  an  ameml- 
ment  to  the  constitution  to  that  ell'ect ;  but  that 
remedy  being  of  slow,  diflBcult,  and  doubtful  at- 
tainment, the  more  speedy  process  by  the  action 
of  the  people  becomes  the  more  necessary.  Con- 
gressional caucuses  were  put  down  by  the  people 
in  the  election  of  1824 :  their  substitute  and  suc- 
cessor— national  conventions — ruled  by  a  minor- 
ity, and  managed  by  intrigue  and  corruption. 
are  about  as  much  woi-se  than  a  Congress  cau- 
cus as  Congress  itself  would  be  if  tho  members 
appointed,  or  contrived  the  appointment,  of  tluni- 
selves,  instead  of  being  elected  by  the  people. 
The  message appropriatelyconcluded  with  thanks 
to  the  people  for  the  high  honors  to  which  they 
had  lifted  him,  and  their  support  under  arduous 
circumstances,  and  said : 

*'  Having  now  finished  the  observations  deem 
ed  proper  on  this,  the  host  occasion  I  sliall  have 
;  of  communicating  with  the  two  Houses  of  Co»> 


690 


Tiimn'  YKAUs'  vir.w. 


pri'WH  at  thfir  mr<'tin(r,  f  cannot  omit  an  cxprcn- 
xion  of  thit  itr'ttitii'lo  which  U  liitt)  to  tlin  great 
iKidyof  my  itllowritia!cns,  in  w-hoNC|>artialitv  and 
iniliil)rcii('c  I  have  foiin'l  encouraKvinent  arxl  nufv- 
port  in  the  many  <lillkiiit  an<l  trying  KCcncH 
through  whicli  it  han  lM>cti  my  h>t  to  \M»ii  (hir- 
ing my  piihlic  career.  Though  (lce])ly  KcnHJhle 
that  my  exertions  hnvp  not  lx!on  crowiM<<l  with  a 
BiicccsH  corre^iwnding  to  tho  dcgivo  of  favor  K- 
Ktf)wcd  nf)on  nic,  I  am  Hiiro  that  they  will  be 
considered  aa  having  hcen  directed  by  an  carneRt 
desire  to  promote  the  good  of  my  country  ;  and 
1  am  consoled  by  tho  porsiiasion  that  whatever 
errors  have  been  committed  will  find  a  corrective 
in  the  hitelligcnco  and  patriotism  of  thoao  who 
will  Bticceed  ns.  All  that  hoa  occurred  during 
my  administration  is  calculated  to  inspire  me 
with  increased  confldenco  in  the  stability  of  our 
institutions,  and  should  I  be  spared  to  enter  np- 
pon  that  retirement  which  is  so  suitable  to  my 
ago  and  infirm  health,  and  so  much  desired  by 
me  in  other  respects,  I  shall  not  cease  to  invoke 
that  bcncfloent  Being  to  whose  providence  wo 
nro  already  so  signally  indebted  for  tho  continu- 
ance of  his  bicfieings  on  our  beloved  country." 


CHAPTER    CLIV. 

FINAL  REMOVAL  OP  THE  INDIANS. 

At  the  commencement  of  the  annual  session  of 
183C--'37,  President  Jackson  had  the  gratifica- 
tion to  mako  known  to  Congress  the  completion 
of  the  long-pursued  policy  of  removing  all  the 
Indians  in  the  States,  and  within  tho  organized 
territories  of  the  Union,  to  their  new  homes 
west  of  the  Mississippi.  It  was  a  policy  com- 
mencing with  Jefferson,  pursued  by  all  succeed- 
ing Presidents,  and  accomplished  by  Jackson. 
The  Creeks  and  Cherokees  had  withdrawn  from 
Georgia  and  Alabama;  the  Chickosaws  and 
Choctaws  front  Mississippi  and  Alabama ;  the 
Seminoles  had  stipulated  to  remove  from  Flori- 
da ;  Louisiana,  Arkansas  and  Missouri  had  all 
been  relieved  of  their  Indian  population ;  Ken- 
tucky and  Tennessee,  by  earlier  treaties  with 
the  Ghickasaws,  had  received  the  same  advan- 
tage. This  freed  the  slavo  States  from  an  ob- 
Btacte  to  their  growth  and  prosperity,  and  left 
tbcm  free  to  expand,  and  to  cultivate,  to  the 
full  measure  of  their  ample  boundaries.  All 
the  free  Atlantic  States  had  long  been  relieved 
from  their  Indian  populations,  and  in  this  re- 
Bpcct  the  northern  and  southern  States  were 
now  vpon  an  equality.    The  result  has  been 


proved  to  Ik?,  what  it  wis  then  U'licvwl  it ,, 
Ix",  Ixiieflrial  to  both  pnrtien  ;  and  ►till  ^o^ 
to  tho  Indians  than  to  the  whit4.-4.     >Vit||  o  J 
it  was  a  question  of  extinction,  thn  time ., 
the  debatable  point.     They  were  (Jnily  n^,^ 
under  contact  with  the  whites,  and  ha,!  |,(J 
their  eyes  tho  eventual  but  certain  fat<' ,/  1 
hundreds  of  trilxs  found  by  tho  early  ciil.,^ 
on  tho  Roanoke,  tho  James  River,  llio  pot„, 
tho  .Sus<|uehannah,  tho  Delaware,  tin-  Conn  < 
cut,  tho  Mcrrimac,  tho  Kcnnclx^c  ami  tho  \<, 
obscot.    The  removal  saved  tho  Bouthi;m  tnlj 
from  that  fate;  and  in  giving  tlum  nnv 
unmolested  homes  beyond  tho  verj^'o  of 
white  man's  settlement,  in  a  country  timiji  J 
in  climate,  fertile  in  soil,  adapted  to  a;:ricii|[J 
and  to  poatnrago,  with  an  outlet  for  ImntJ 
abounding  with  salt  water  and  salt  spring. 
left  thom  to  work  out  in  peace  tho  proLkml 
Indian  civilization.    To  all  the  relieved  8ij 
the  removal  of  tho  tribes  within  their  bon 
was  a  great  benefit — to  the  slave  Sti  tes  tn 
cendently  and  inappreciably  great.    The  lin 
tribes  were  within  their  limits,  and  the  Wsd 
their  lands  in  the  hands  of  tho  Indians  to] 
extent,  in  some  of  the  States,  as  Georgia,  I 
bama  and  Mississippi,  of  a  third  or  a  quarteJ 
their  whole  area.    I  have  heretofore  ehow 
the  case  of  the  Creeks  and  tho  Chcrokn 
Georgia,  that  the  ratification  of  tho  treaties! 
the  extinction  of  Indian  claims  within  Jierf 
its,  and  which  removed  the  tribes  which  cd 
bered  her,  received  the  cordial  support '  f  g 
em  senators ;  and  that,  in  fact,  witooiK  { 
support  these  great  objects  could  not  have  i 
accomplished.    I  have  now  to  say  the  > 
all  the  other  slave  States.      They  were  a 
lieved  in  like  manner.    Chickasaws  and  Cl 
taws  in  Mississippi  and  Alabama:  Cbicy 
claims  in  Tennessee  and  Kentucky ;  Scmid 
in  Florida ;  Caddos  and  Quapaws  in  Louia 
and  in  Arkansas ;  Kickapoos,  Delawnres,  ^ 
noes,  Osages,  lowas,  Pinkeshaws,  Weas, 
orias,  in  Missouri ;  all  underwent  tho  sane  J 
cess,  and  with  the  came  support  and 
Northern  votes,  in  the  Senate,  came  to  the  r 
cation  of  every  treaty,  and  to  the 
every  necessary  appropriation  act  in  the  1 
of  Representatives.      Northern  men  luj 
said  to  have  made  the  treaties,  and 
acts,  as  without  their  aid  it  could  not  hare  I 
done,  constituting,  as  they  did,  a  large  nuM 


ANNO  Ih:!,v    ANrmKW  JACKSON,  I'UI-yiDKNT. 


,vhnt  it  \V4««  then  U-licviil  it  „„^ 
;o  both  iinrtU'H  ;  ami  >.till  tnoi*  | 
I  than  to  the  whiU-M.  With  ih, 
Htion  of  extinction,  thn  tim«  <„^ 
point.  They  were  daily  wutt 
,  with  the  wliites,  and  lia-1 1,(1 

0  eventual  but  certain  faU;  .f  4 
trlbcH  found  by  the  early  ccl.tiJ 
kc,  the  Jnmcs  lUver,  the  \\\„ 
nnnh,  tlio  Delaware,  tlw  Conn?<. 
•imac,  the  Kcnncliec  and  tlio  I'l 

removal  saved  the  southcm  trij 
itc ;  and  in  givinf;  them  now 
homes  beyond  the  verRo  <,( 

Bottlemcnt,  In  a  country  tempen 
;rtilo  in  soil,  adapted  to  afrriculiJ 
urago,  with  an  outlet  lor  ImniJ 
rith  salt  water  and  salt  sprinp, 
»  work  out  In  peace  the  proUcnl 
zatlon.    To  all  the  relieved  Su 

1  of  the  tribca  within  their  Un 
,  benefit— to  the  Blavo  St«  tea  tn 
nd  inappreciably  great.    Tho  Ian 

within  their  limits,  and  tlie  l«s« 
in  the  hands  of  tho  Indians,  to  | 
omo  of  the  States,  as  Gcori^ia,  I 
ilississippi,  of  a  third  or  a  qaarteJ 

area.  I  have  heretofore  t\m 
r  the  Creeks  and  tho  Chcrokei 
lat  the  ratification  of  tho  treatiesi 
ion  of  Indian  claims  within  herl[ 
ich  removed  the  tribes  which  (u 
received  the  cordial  support  f 
>rs ;  and  that,  in  fact,  withoui  i 
380  great  objects  could  not  have! 
led.  I  have  now  to  say  the ; 
ler  slave  States.  They  were  a 
ike  manner.  Chickasaws  and  c| 
lississippi  and  Alabama:  Chicki 
Cennessee  and  Kentucky ;  Semis 

;  Caddos  and  Quapaws  in  Louiil 
tansas ;  Kickapoos,  Delawnres,  SiJ 
;es,  lowas,  Pinkeshaws,  Wcas, 
lissouri;  all  underwent  tho  same  j 
with  the  came  support  and 
votes,  in  the  Senate,  came  to  the  r 

every  treaty,  and  to  the  pass 
essary  appropriation  act  in  the  1 
sentatives.  Northern  men  mij| 
ive  made  the  treaties,  and 

ithout  their  aid  it  could  not  have 

stituting,  as  they  did,  a  large  maj^ 


(h*  IInii'*o.  nnd  luinfr  o<\\ti\\  in  the  S«'nntp, 
,p.ii  Tdte  of  twfv-third^  wi\H  waiilinir.     I  d<> 
f,iov('r  tlie»e  tnatiri*  nnd  I«\vh  oiu<  liy  one, 
,1^,*  their  pasMpre,  and  liy  what  voton.     I 
ihat  in  the  on»c  of  tho  Cr»>ek  (renly  and  the 
ilicc  treaty,  for  tlio  n?niovnl  of  thew  trilieH 
(Ifornia}  and  showed  that  tho  North  was 
jinoiis  In  one  case,  and  nearly  so  in  the 
litr,  while  in  lK)lh  treaties  there  was  a  south- 
jppo«ition,  and  in  one  of  them  (the  Chcro- 
I,  both  Mr.  Calhoun  nnd  Mr.  Cloy  in  the 
iijvc:  and  these  instances  may  stand  for  an 
nitration  of  tho  whole.    And  thus  tho  area  of 
,e  population  has  been  olmost  doubled  in  the 
^fe!'tatci<,byHcndinp!  away  the  Indians  to  make 
for  their  expansion;  and  it  is  unjust  and 
|,-unjuKt  and  crtiel  in  itself,  independent  of 
motive— to  charge  these  Northern  8tatcs 
lb  a  design  to  abolish  slavery  in  tho  South. 
key  had  harbored  such  design— if  they  had 
merely  unfriendly  to  the  growth  and  pros- 
ily of  these  Southern  States,  there  was  an 
•  Tay  to  have  gratified  their  feelings,  wlth- 
irommitting  a  breach  of  the  constitution,  or 
aggression    or   encroachment    upon   these 
es:  they  had  only  to  sit  still  and  vote 
St  tho  rotificaiion  of  the  treaties,  and  the 
tment  of  the  laws  which  efibcted  this  great 
oral.   They  did  not  do  so — did  not  sit  still 
[rote  against  their  Southern  brethren.    On 
jmiimry,  t(wy  stood  up  and  spoke  aloud,  nnd 
I M  these  laws  and  treaties  an  effective  and 
support    And  I,  who  was  the  Senate's 
lan  of  the  committee  of  Indian  aifairs  at 
I  time,  and  know  how  these  things  were  done, 
wlio  was  so  thankful  for  northern  help  at 
|time;  I,  who  know  the  truth  and  love  jus- 
i  and  cherish  the  harmony  and  union  of  the 
frican  people,  feel  it  to  be  my  duty  and  my 
to  note  this  great  act  of  justice  from  tho 
1  to  the  South,  to  stand  in  history  its  aper- 
contradiction  of  all  imputed  desi^nin  the 
jStates  to  abolish  slavery  in  the  slave  States. 
ale  of  States,  not  of  individuals  or  societies. 
liiare  shown  that  this  policy  ot   the  uni- 
removal  of  the  Indians  from  the  East  to 
kit  of  the  Mississippi  originated  with  Mr. 
son,  and  firom  the  most  humane  motives, 
fter  having  seen  the  extinction  of  more  than 
f tribes  in  his  own  State  of  Virginia;  and 
en  followed  up  under  all  subsequent  ad- 
trations.    With  General  Jackson  it  was 


r,'A 


nothinjr  l.iit  the  rontimwtion  of  an  I'staMiOiMl 
loli.y,  l.tu  ..|i.>  ill  whirh  bf  lunrlily  pon.iirn.l, 
and  ofH  lii.'li  \u*  lo,  al  \<.,mImu  ajid  lis  ex|*riri..-,I 
made  Mm  on,.  .,f  tl„.  Mr,..Ht  ..f  pidtrvi ;  but,  like 
cviry  other  n.t  „f  his  !i.|iiiii.iMrati„n,  it  was 
destine-l  t..ol,|„,,uy  and  o|.iN.siti,,n,  and  tn  mi- 
representati..ns,  whieh  hav  survivid  tli'-  ol.jnt 
of  their  enntion,  and  p.iio  into  l.i-tory.  U,.  «!h 
eharped  with  inJiii.tio..  f.,  tlir  Indi'an^  in  ii..t 
pmtectinp  tliciii  npiinst  the  lm>sand  jurimlictimi 
of  the  Stale'* ;  witli  enu  Ity,  in  driviii}.'  tliciii 
away  from  the  hones  of  their  fatlicrx  ;  \*  ith  rol.- 
liery,  in  fakin^r  their  lands  for  paltry  con.siden- 
tious.  I'aits  of  the  tribes  were  excited  ti, 
resist  the  exerntion  of  the  treaties,  nnd  it  even 
k'canie  necessary  to  send  troops  and  disiinjrnish- 
ed  generals— Scott  to  the  Cliei-.)keeH,  .lecup  to 
tho  Creeks— to  efl'ect  their  removal ;  which,  hy 
the  mildness  nnd  steadiness  of  these  generals 
and  according  to  the  humane  spirit  of  their 
orders,  wa.s  eventually  acconii)lished  without  tin- 
aid  of  force.  The  outcry  rai.sed  against  Ceneral 
Jackson,  on  account  of  these  measures,  reached 
tho  cars  of  the  French  traveller  and  writer  on 
American  democracy  (Dc  Tocqueville),  then  so- 
journing among  us  and  collecting  materials  for 
his  work,  ond  induced  him  to  write  thus  in  his 
chapter  18 : 

"  The  ejectment  of  the  Indians  very  often  takes 
place,  at  the  pres(<nt  day.  in  a  ri'gular,  and,  as  it 
were,  legal  manner.  When  the  white  popula- 
tion begins  to  npproaeh  the  limit  of  a  desert 
inhabited  by  a  savage  tribe,  the  government  (if 
tho  United  States  iisii.ally  dispatches  envoys  to 
them,  who  assemble  the  Indians  in  a  largo  plain, 
and  having  first  eaten  and  drunk  with  them, 
accost  thom  in  tho  following  manner :  '  What 
have  you  to  do  in  the  land  of  your  fathers  ? 
Before  long  you  must  dig  up  their  bones  in  order 
to  live.  In  what  res])ect  is  the  country  you  in- 
habit better  than  another  1  Arc  there  no'woods, 
marshes  or  prairies,  except  where  you  dwell  ? 
and  can  you  live  nowhere  but  under  your  own 
sun  ?  Beyond  those  mountains,  which  you  see 
at  the  horizon— beyond  the  lake  which  bounds 
your  territory  on  tho  west — there  lie  vast  coun- 
tries wheio  beasts  of  chase  are  found  in  great 
abundance.  Sell  your  lands  to  us,  and  go  and 
live  happily  in  those  solitudes.' 

"  After  holding  this  language,  thoy  i  prend 
before  the  eyes  of  the  Indians  fire-arms,  woollen 
garments,  kegs  of  brandy,  glass  necklaces,  brace- 
lets of  tinsel,  ear-rings,  and  looking-glasses. 
If,  when  they  have  beheld  all  these  riches,  they 
still  hesitate,  it  is  insinuated  that  they  have  not 
the  means  of  refusing  their  required  conscuV 


C92 


THIRTY  YEARS'  VIEW. 


and  that  the  government  itself  will  not  long 
have  the  power  of  protecting  them  in  their 
rightfl.  What  arc  they  to  do  ?  Half  convinced, 
half  compelled,  they  go  to  inhabit  new  deserts, 
where  the  importunate  whites  will  not  permit 
them  to  remain  tun  years  in  trani|uillity.  In 
this  manner  do  the  Americans  obtain,  at  a  very 
low  price,  whole  provinces,  which  the  richest 
sovereigns  in  Europe  could  not  purchase." 

The  Grecian  Plutarch  deemed  it  necessary  to 
reside  forty  years  in  Rome,  to  qualify  himself 
to  write  the  lives  of  some  Roman  citizens  ;  and 
then  made  mistakes.  European  writers  do  not 
deem  it  necessary  to  reside  in  our  country  at  all 
in  order  to  write  our  history.  A  sojourn  of  some 
months  in  the  principal  towns — a  rapid  flight 
along  some  great  roads — the  gossip  of  the  steam- 
lioat,  the  steam-car,  the  stage-coach,  and  the 
hotal — the  whispers  of  some  earwigs — with  the 
reading  of  the  daily  papers  and  the  periodicals, 
all  more  or  less  engaged  in  partisan  warfare — 
and  the  view  of  some  debates,  or  scene,  in  Con* 
grcss,  which  may  be  an  exception  to  its  ordinary 
decorum  and  intelligence:  these  constitute  a 
modem  European  traveller's  qualiiications  to 
write  American  history.  No  wonder  that  they 
commit  mistakes,  even  where  the  intent  is  honest. 
And  no  wonder  that  Mons.  de  Tocqueville,  with 
admitted  good  intentions,  but  with  no  "  forty 
years  "  residence  among  us,  should  be  no  excep- 
tion to  the  rule  which  condemns  the  travelling 
European  writer  of  American  history  to  the 
compilation  of  facts  manufactured  for  partisan 
effect,  and  to  the  invention  of  reasons  supplied 
from  his  own  fancy.  I  have  already  had  occa- 
sion, several  times,  to  correct  the  errors  of  Mons. 
de  Tocqueville.  It  is  a  compliment  to  him, 
implicative  of  respect,  and  by  no  means  extend- 
ed to  others,  who  err  more  largely,  and  of  pur- 
pose, but  less  harmfully.  His  error  in  all  that 
he  has  here  written  is  profound !  and  is  injuri- 
ous, not  merely  to  General  Jackson,  to  whom 
his  mistakes  apply,  but  to  the  national  charac- 
ter, made  up  as  it  is  of  the  acts  of  individuals ; 
And  which  character  it  is  the  duty  of  every 
American  to  cherish  and  exalt  in  all  that  is 
worthy,  and  to  protect  and  defend  from  all  un- 
just imputation.  It  was  in  this  sense  that  I 
marked  this  passage  in  De  Tocqueville  for  re- 
futation as  soon  as  his  book  appeared,  and  took 
steps  to  make  the  contradiction  (so  far  as  the 
alleged  robbery  and  cheating  of  the  Indians  was 
concerned)  authentic  and  complete,  and  as  pub- 


lic and  durable  as  the  archives  of  U,e  pj^tn 
mcnt  itself.    In  this  sense  I  had  a  call  nvi,.  i 
a  full,  numerical,  chronological  and  official  jui 
ment  of  all  our  Indian  purchases,  from  the  I 
gining  of  the  federal  government  in  1789ioiiJ 
day,  1840— tribe  by  tribe,  cession  by  tt^^ 
year  by  year— for  the  fifty  years  which  the  J 
emmcnt  had  existed;  with  the  number  of  i 
acquired  at  each  oesaion,  and  the  amount 
for  each. 

The  call  was  made  in  the  Senate  of  the  [J 
ted  States,  and  answered  by  document  No.  CD 
1st  session,  26th  Congress,  in  a  document] 
thirteen  printed  tabular  pages,  und  authcntia 
by  the  signatures  of  Mr.  Van  Burcn,  Preeid^a 
Mr.  Poinsett,  Secretary  at  War ;  and  Mr.  Ijaj 
ley  Crawford,  Commissioner  of  Indian  Affiii 
From  this  document  it  appeured,  that  the  ul 
ted  States  had  paid  to  the  Indians  eightr-J 
millions  of  dollars  for  land  purchases  up  to  I 
year  1840 !  to  which  five  or  six  millions 
be  added  for  purchases  since — say  ni  lety  i 
lions.    This  is  near  six  times  as  much  us  j 
United  States  gave    the  great  Napoleon 
Louisiana,  the  whole  of  it,  soil  and  juridiciiij 
and  nearly  three  times  as  much  as  all  tlirc4 
the  great  foreign  purchases — Louisiana,  FIoi 
and  California — cost  us !  and  that  for  soil  ajj 
and  for  so  much  as  would  only  be  a  fn 
of  Louisiana  or  California.    ImpressiTe  ii\ 
statement  is  in  the  gross,  it  becomes  moret 
the  detail,  and  when  applied  to  the  particij 
tribes  whose  imputed  sufferings  have  draw 
mournful  a  picture  from  Mons.  dc  TocqueTJ 
These  arc  the  four  great  isouthern  tribes— Cn 
Cherokees, Chickosaws  and  Choctaws.   AppI 
to  them,  and  the  table  of  purchases  and  | 
menta    stands  thus :    To  the  Creek  kdl 
twenty-two  millions  of  dollars  for  twcntyJ 
millions  of  acres;  which  is  seven  millionsn 
than  was  paid  France  for  Louisiana,  and  ( 
teen  millions  more  than  was  paid  Spaiil 
Florida.    To  the  Choctaws,  twenty-three  f 
lions  of  dollars  (besides    reserved  tracts),! 
twenty  millions  of  acres,  being  three  niiUj 
more  than  was  paid  for  Louisiana  and  Flo^ 
To  the  Cherokees,  for  eleven  millions  of  i 
was  paid  about  fifteen  millions  of  dollai 
exact  price  of  Louisana  or  California.  To| 
Chickosaws,  the  whole  net  amount  for  i 
this  country  sold  under  the  land  system  o 
United  States,  and  by  the  United  Statci  I 


ASNO  1836.    ANDREW  JACKSON,  rRESIDEXT. 


693 


as  tbe  archives  of  the  p>\^i\ 
this  sense  I  had  a  call  mnW  { 
I,  chronological  and  official  (uJ 
Indian  purchases,  from  ilie  i 
leral  government  in  1780  imlj 
te  by  tribe,  cession  by  cfev*;« 
br  the  fifty  years  which  the  jcj 
listed  J  with  the  numkr  of  i 
h  cesiion,  and  the  amount  ] 

I  made  in  the  Senate  of  the  T 
1  answered  by  document  Xo,  C 
ith  Congress,  in  a  document 
d  tabular  pages,  and  authcnti 
res  of  Mr.  "Van  Burcn,  Preeidti 
Secretary  at  War;  and  Mr.  Hi 
Commissioner  of  Indian  Affaij 
jument  it  appeured,  that  theU 
d  paid  to  the  Indians  eighty-( 
liars  for  land  purchases  up  to 
>  which  five  or  bix  millions 
purchases  since— say  niiety 
is  near  six  times  as  much  as 
>8  gave    the  great  Napoleon 
e  whole  of  it,  soil  and  jurisdicJi 
iree  times  as  much  as  all  tb( 
eign  purchases— Louisiana,  Flo 
a— cost  us !  and  that  for  soil  ali 
uch  as  would  only  be  a  fi 
or  California.    Impressive  as 
in  the  gross,  it  becomes  more 
id  when  applied  to  the  partii 
imputed  sufferings  havedrai 
jicture  from  Mons.  do  Toque 
B  four  great  southern  tribes— C' 
JhickasawsandChoctaws.   Api 
1  the  table  of  purchases  and 
ds  thus:    To  the  Creek  hi 
millions  of  dollars  for  twenty. 
icres;  which  is  seven  millions 
Ad  France  for  Louisiana,  and 
ns  more  than  was  paid  Spaio 
'o  the  Choctaws,  twenty-three  1 
liars  (besides   reserved  tracteU 
lions  of  acres,  being  three  mil 
was  paid  for  Louisiana  and  Fl( 
jrokee8,for  eleven  millions  of 
jout  fifteen  millions  of  dolk 
of  Louisana  or  Califomia.  To 
8,  the  whole  net  amount  for 
•y  sold  under  the  land  system 
,tcs,  and  by  the  United  State. 


jftTS.  i^T^  millions  of  dollars  for  oix  and 
^^^uartir  millions  of  acres,  lieing  the  way 
i<  nation  chose  to  dispose  of  it.     Here  are 
toy-MX  millions  to  four  tribes,  leaving  thirty 
uilions  to  go  to  the  smaU  tribes  whose  names 
«t  unknown  to  history,  aad  which  it  is  probable 
L  \rriter  on  American  democracy  hatl  never 
of  when  sketching  the  picture  of  their 
oppressions. 
I  will  attend  to  the  ca.«c  of  these  small  ro- 
e  tribes,  and  say  that,  besides  their  propor- 
of  the  remaining  thirty-six  millions  of 
illirs,  they  received  a  kind  of  compensation 
iicd  to  their  condition,  and  intended  to  induct 
into  the  comforts  of  civilized  life.    Of 
I  will  give  one  example,  drawn  from  a 
itrwith  the  Osages,  in  1839 ;  and  which  was 
ily  in  addition  to  similar  benefits  to  the  same 
ibe,  in  previous  treaties,  and  which  were  ex- 
.jdcd  to  all  the  tribes  which  were  in  the  hunt- 
state.    These  benefits  were,  to  these  Osages, 
0  blacksmith's  shops,  with  four  blacksmiths, 
Ith  five  hundred  pounds  of  iron  and  sixty 
ds  of  steel  annually ;  a  grist  and  a  saw 
{.with  millers  for  the  same ;  1,000  cows  and 
es;  two  thousand  breeding  swine;  1,000 
lis;  1,000  sets  of  horse-gear ;  1,000  axes; 
hoes ;  a  house  each  for  ten  chiefs,  costing 
hundred  dollars  apiece;  to  furnish  these 
^efs  with  six   good  wagons,  sixteen   carts, 
ronty-cight  yokes  of  oxen,  with  yokes  and 
■chain ;  to  pay  t^ll  claims  for  injuries  com- 
tted  by  the  tribe  on  the  white  people,  or  on 
lier  Indians,  to  the  amount  of  thirty  thousand 
lirs;  to  purchase  their  reserved  lands  at  two 
I  per  acre ;  three  thousand  dollars  to  rc- 
lurse  that  sum  for  so  much  deducted  from 
jnr  annuity,  in  lb25,  for  property  taken  from 
! whites,  and  since  returned;  and,  finally, 
thousand  dollars  more  for  an  imputed 
longful  withholding  of  that  amoimt,  for  the 
reason,  in  the  annuity  payment  of  the 
rl829.    In  previous  treaties,  had  been  given 
1  grains,  and  seed  vegetables,  with  fruit  seeds 
fruit  trees ;  domestic  fowls ;    laborers  to 
1  up  their  ground  and  to  make  their  fences, 
|nlse  crops  and  to  save  them,  and  teach  the 
iins  how  to  farm ;  with  spinning,  weaving, 
I  Kwing  implements,  and  persons  to  show 
ruse.    Now,  all  this  was  in  one  single  trea- 
l^ith  an  inconsiderable  tribe,  which  had  been 
tely  provided  for  in  the  same  way  in  six  dif- 


ferent previous  treaties  !  And  all  the  nule  tribes 
— th(..se  in  the  hunting  stato,  or  just  emerginp 
from  it — wore  providod  for  in  the  8anu>  manner, 
the  object  of  the  United  States  U-inj;  to  train 
them  to  Bprioilturc  and  pa^fiirnge — to  condiirt 
them  from  the  huntinp:  to  the  pastoral  and  agri- 
cultural state  ;  and  for  that  purpose,  and  in  a<i- 
dition  to  all  other  Ixjnefits,  ore  to  be  added  the 
support  of  schools,  the  cnconragcment  of  mis- 
sionaries, and  a  small  annual  contribution  to 
religious  societies  who  tnke  charge  of  their  civ- 
ilization. 

Besides  all  this,  the  government  keeps  up  a 
large  establishment  for  the  special  care  of  the 
Indians,  ond  the  management  of  their  affairs  ;  a 
special  bureau,  presided  over  by  a  commissioner 
at  Washington  City;  superintendents  in  dilftT- 
ent  districts ;  agents,  sub-agents,  and  interpnt- 
ers,  resident  with  the  tribe;   and  all  charged 
with  seeing  to  their  rights  and  interests — seeing 
that  the  laws  are  observed  towards  them ;  that 
no  injuries  are  done  them  by  the  whites  ;  that 
none  but  licensed  traders  go  among  them ;  that 
nothing  shall  be  bought  from  them  which  is  ne- 
cessary for  their  comfort,  nor  any  thing  sold  to 
them  which  may  be  to  their  detriment.    Among 
the  prohibited  articles  are  spirits  of  all  kinds ; 
and  80  severe  are  the  penalties  on  this  hcml,  that 
forfeiture  of  the  license,  forfeiture  of  the  whole 
cargo  of  goods,  forfeiture  of  the  penalty  of  the 
bond,  and  immediate  suit  in  the  nearest  federal 
court  for  its  recovery,  expulsion  from  the  Indian 
country,  and  disability  for  ever  to  acquire  another 
license,  immediately  follow  every  breach  of  the 
laws  for  the  introduction  of  the  smallest  quan- 
tity of  any  kind  of  spirits.    How  unfortunate, 
then,  in  M.  do  Tocquevillo  to  write,  that  kegs 
of  brandy  are  spread  before  the  Indians  to  in- 
duce them  to  sell  their  lands !    How  unfortunate 
in  representing  these  purchases  to  be  made  in 
exchange  for  woollen  garments,  glass  necklaces, 
tinsel  bracelets,  ear-rings,  and  looking-glasses  ! 
What  a  picture  this  assertion  of  his  makes  by 
the  side  of  the  eighty-five  millions  of  dollars  at 
that  time  actually  paid  to  those  Indians  for  their 
lands,  and  the  long  and  large  list  of  agricultiiral 
articles  and  implements— long  and  large  list  of 
domestic  animals  and  fowls— the  ample  supply 
of  mills  and  shops,  with  mechanics  to  work 
them  and  teach  their  use — the  provisions  for 
schools  and  missionaries,  for  building  fences  and 
houses — which  are  found  in  the  Osage  treaty 


694 


THIRTY  YEARS*  VIEW. 


quoted,  and  which  ar?  to  be  foun<l,  more  or  less, 
in  every  treaty  with  every  tribe  emerging  from 
tlic  hunter  state.  The  fact  is,  that  the  govern- 
ment of  the  United  States  has  made  it  a  flxed 
policy  to  cherish  and  protect  the  Indians,  to  im- 
prove their  condition,  and  turn  them  to  the 
haMts  of  civilized  life  ;  and  great  is  the  wrong 
and  injury  which  the  mistake  of  this  writer  has 
done  to  our  national  character  abroad,  in  repre- 
senting the  United  States  as  cheating  and  rob- 
bing those  children  of  th«  forest. 

But  Mons.  de  Tocqucville  has  quoted  names 
and  documents,  and  particular  instances  of  im- 
position upon  Indians,  to  justify  his  picture ;  and 
iu  doing  so  has  committed  the  mistakes  into 
which  a  stranger  and  sojourner  may  easily  fall. 
lie  cites  the  report  of  Messrs.  Clark  and  Cass, 
and  makes  a  wrong  application — an  inverted  ap- 
plication—of what  they  reported.  They  were 
speaking  of  the  practices  of  disorderly  persons 
iu  trading  with  the  Indians  for  their  skins  and 
furs.  They  were  reporting  to  the  government 
an  abuse,  for  correction  and  punishment.  They 
were  not  speaking  of  United  States  commission- 
ers, treating  for  the  purchase  of  lands,  but  of 
individual  traders,  violating  the  laws.  They 
were  themselves  those  commissioners  and  super- 
intendents of  Indian  afiairs,  and  governors  of 
Territories,  one  for  the  northwest,  in  Michigan, 
the  other  for  the  far  west,  in  Missouri ;  and  both 
noted  for  their  justice  and  humanity  to  the  In- 
dians, and  for  their  long  and  careful  adminis- 
tration of  their  aflairs  within  their  respective 
supcrintendencics.  Mons.  de  Tocqueville  has 
quoted  their  words  corr''  jtly,  but  with  the  comi- 
cal blunder  of  reversing  their  application,  and 
applying  to  the  commissioners  themselves,  in 
their  land  negotiations  for  the  government,  the 
cheateries  which  they  were  denouncing  to  the 
government,  in  the  illicit  trafiBc  of  lawless 
traders.  This  was  the  comic  blunder  of  a 
stranger :  yet  this  is  to  appear  as  American  his- 
tory in  Europe,  and  to  be  translated  into  our 
own  language  at  home,  and  commended  in  a  pre- 
face and  notes. 


CHAPTER    CLV. 

RECI8ION  01  THE  TKEASCBY  CIKCrUn. 

Immediately  upon  the  opening  of  the  SenJ 
and  the  organization  of  the  body,  Mr.  E^» 
of  Ohio,  gave  notice  of  his  intentiun  to  move] 
joint  resolution  to  rescind  the  treasury  circnl J 
and  on  hearing  the  notice,  Mr.  Benton  imulej 
known  that  ho  would  oppose  the  resolution  i 
the  second  reading — a  step  seldom  resorted  tl 
except   when   the  measure  to   be  so  om 
is  deemed  too  flagrantly  wrong  to  be  entity 
to  the  honor  of  rejection  in  the  usuul  forms  ( 
legislation.    The  debate  came  on  promptly,  • 
upon  the  lead  of  the  mover  of  the  resolution! 
a  prepared  and  well-considered  speech,  in  wh 
he  said : 

"  This  extraordinary  paper  was  issued  bv  tH 
Secretary  of  the  Treasury  on  the  llth  of  Jul 
last,  in  the  form  of  ri  en     '      ^o  the  receivers! 
public  money  in  the  st    •       ;  nd  offices  in  t| 
United  States,  directis.    '     !■ ,  after  the  I5thl 
August  then  next,  to  rtceive  in  payment  I 
public  lands  nothing  but  gold  and  silver  aj 
certificates  of  deposits,  signed  by  the  Treasurj 
of  the  United  States,  with  a  saving  in  favor  | 
actual  eettlers,  and  bona  fide  residents  in  i 
State  in  which  the  land  happened  to  lie.  TH 
saving  was  for  a  limited  time,  and  expires! 
think,  to-morrow.   The  professed  object  of  tlf 
order  was  to  check  the  speculations  in  pnbl 
lands ;  to  check  excessive  issues  of  banic  pan 
in  the  West,  and  to  increase  the  specie  cumil 
of  the  country ;  and  the  necessity  of  the  mJ 
sure  was  supported,  or  pretended  to  be  suppol 
ed,  by  the  opinions  of  members  of  this  bodyi 
the  other  branch  of  Congress.  But,  before  I  pa 
ceed  to  examine  in  detail  this  paper,  its  cliaii 
ter,  and  its  consequences,  I  will  briefly  adva 
to  the  state  of  things  out  of  which  it  g."eff.  1 
am  confident,  and  I  believe  I  can  make  the  thij 
manifest,  that  the  avowed  objects  were  nott 
only,  nor  even  the  leading  objects  for  which  ti 
order  was  framed ;  they  may  have  influenced! 
minds  of  some  who  advised  it,  but  those ' 
planned,  and  those  who  at  last  virtually  eJ 
cutcd  it,  were  governed  by  other  and  diffei^ 
motives,  which  I  shall  proceed  to  explain. 
was  foreseen,  prior  to  the  commencement  of  l| 
last  session  of  Congress,  that  there  would  1 
very  large  surplus  of  money  in  the  public  t 
sur^  beyond  the  wants  of  the  country  for] 
their  reasonable  expenditures.   It  was  alson 
understood  that  the  land  bill,  or  some  otil 
measure  for  the  distribution  of  this  fund.  woJ 
be  again  presented  to  Congress;  and,  if  the  ti 


ANNO  1836.     ANDREW  .'ACKSON',  PRF.-^IDnXT. 


\PTEIl    CLV. 

b  THE  TKEAsrnT  ciRcrun. 

ipon  the  opening  of  the  S*iuJ 
zation  of  the  body,  Mr.  Ewiij 
lotice  of  his  intention  to  more] 
I  to  rescind  the  treasury  cirniliJ 
;  the  notice,  Mr.  Benton  maile  j 
5  would  oppose  the  resolution  ( 
ling — a  step  seldom  resorted  i 
the  measure  to   be  so  op] 
»  flagrantly  wrong  to  be  emitl(| 
of  rejection  in  the  usui.l  forms  ( 
ho  debate  came  on  promptly,  i 
of  the  mover  of  the  resolution,  I 
1  well-considered  speech,  in  wh 


lordinary  paper  was  issued  by  t 
the  Treasury  on  the  11th  of  Ji 
rm  of  ri  o? •    '  .'  ^o  the  rcceircrs 
in  the  si    •    '^  '•-  nd  offices  in  t 
1  directii.    "     •'  ,  after  the  15th 
'next,  to  receive  in  payment . 
nothing  but  gold  and  silver  ai 
deposits,  signed  by  the  Treasu 
1  States,  with  a  saving  in  favor 
■8  and  bona  fide  residents  in 
ih'the  land  happened  to  lie.  T 
or  a  limited  time,  and  expire^,! 
TOW.    The  professed  object  of  tl 
check  the  speculations  in  put 
;ck  excessive  issues  of  bank  pai 
and  to  increase  the  specie  currenl 
ry ;  and  the  necessity  of  the  me 
ported,  or  pretended  to  be  suppoi 
(inions  of  members  of  this  body  i 
.nch  of  Congress.  But,  before  1  pi 
line  in  detail  this  paper,  its  char 
consequences,  I  will  briefly  advi 
of  things  out  of  which  it  f,rew. 
and  I  believe  I  can  make  thethi: 
't  the  avowed  objects  were  nott 
■n  the  leading  objects  for  which  tl 
imed ;  they  may  have  influenced 
me  who  advised  it,  but  those  \ 
those  who  at  last  virtually  e 
■e  governed  by  other  and  diffei 
ich  I  shall  proceed  to  explain. 
I  prior  to  the  commencement  of 
of  Congress,  that  there  would  1 
urplus  of  money  in  the  public  t 
the  wants  of  the  country  for 
ible  expenditures.   It  was  also\ 
that  the  land  bill,  or  some  otl 
the  distribution  of  this  fund  woi 
isented  to  Congress;  and,  if  the  ti 


I  ,];,ion  of  the  public  sentiment  were  Scnown 
I  I  undcftood,  that  its  distribution,  in  some 
Lj,  or  other,  would  be  demanded  by  the  coun- 
„    On  the  other  hand,  it  seems  to  have  Ixen 
nfnnincd  by  the  party,  and  some  of  tho.sc  who 
,ith  it  thoroughly,  that  the  money  should 
,in  where  it  was  in  the  deposit  banks,  so 
t  it  could  bo  wielded  at  pleasure  by  the  cxc- 
,,ive.    This  order  grew  out  of  the  contest  to 
i(h  1  have  referred.    It  was  issued  not  by 
idvice  of  Congress  or  under  the  sanction  of 
IT  law.    It  was  delayed  until  Congress  was 
Iv  out  of  the  citjr,  and  all  possibility  of  inter- 
>ncc  by  legislation  was  removed ;  and  then 
,e  forth  this  new  and  last  expedient.    It  was 
ifn  that  these  funds,  received  for  public 
__  bad  become  a  chief  source  of  revenue,  nnd 
MV  have  occurred  to  some  that  the  passage 
I  treasury  order  of  this  kind  would  have  a 
lency  to  embarrass  the  country ;  and  as  the 
for  the  regulation  of  the  deposits  had  just 
the  public  might  be  brought  to  believe 
it  all  the  mischief  occasioned  by  the  order 
the  effect  of  the  distribution  bill.    It  has, 
id,  happened,  that  this  scheme  has  failed ; 
public  understand  it  rightly,  but  that  was 
by  any  means  certain  at  the  time  the  mea- 
)  wa.s  devised.    It  was  not  then  foreseen  that 
people  would  as  generally  ecu  through  the 
itrivance  as  it  has  since  been  found  that  they 
There  may  have  been  various  other  motives 
:h  led  to  the  measure.    Many  minds  were 
ibly  to  be  consulted ;  for  it  is  not  to  be  pre- 
led  that  a  step  like  this  was  taken  without 
iultation,  and  guided  by  the  will  of  a  single 
lividual  alone.    That  is  not  the  way  in  which 
things  are  done.     No  doubt  one  effect 
for  by  some  was,  that  a  check  would  be 
to  the  sales  of  the  public  lands.    The  ope- 
m  of  the  order  would  naturally  be,  to  raise 
price  of  land  by  raising  the  price  of  the  cur- 
ly in  which  it  was  to  ic  paid  for.  But,  while 
would  be  the  effect  on  small  buyers,  those 
purchased  on  a  large  scale  would  be  cna- 
to  sell  at  an  advance  of  ten  or  fifteen  per 
over  what  would  have  been  gi-ven  if  the 
ited  States  lands  bad  been  open  to  purchasers 
Ithe  ordinary  way.   Those  who  had  borrowed 
ly  of  the  deposit  banks  and  paid  it  out  for 
is,  would  thus  be  enabled  to  make  sales  to 
itage ;  and  by  means  of  such  sales  make 
ent  tc  the  banks  who  found  it  necessary 
ill  in  their  large  loans,  in  order  to  meet  the 
isions  of  the  deposit  bill.    The  order,  ttere- 
was  likely  to  operate  to  the  common  benefit 
te  deposit  banks  and  the  great  land  dealers, 
le  it  counteracted  the  effect  of  the  obnoxious 
it  bill.    There  may  have  been  yet  another 
TC  actuating  some  of  those  who  devised  this 
T.  There  was  danger  that  the  deposit  banks, 
1  called  upon  to  refund  the  public  treasure. 
Id  be  unable  to  do  it :  indeed,  it  was  sain 
8  floor  that  the  immediaio  effect  of  tlit 
ibntion  bill  would  be  to  break  those  banks. 
this  treasury  order  would  operate  to  col- 


lect the  Rpfrie  of  the  country  into  the  land  of- 
fices, whence  it  wouM  imntcdiatcly  p<>  into  thi,- 
deposit  ba'.ik!*,  and  would  prove  nti  acoi-ptahie 
aid  to  them  while  making  the  transfers  n'(|uire<l 
by  law.  These  socm  to  me  to  have  Iktu  among 
the  real  motives  which  led  to  the  adoption  of 
that  order." 

Jlr.  Ewing  then  argued  at  length  against  the 
legality  of  the  treasury  circular,  quoting  tlio 
joint  resolution  of  181G,  and  insisting  that  its 
provisions  had  been  violated  ;  also  insisting  on 
the  largeness  of  the  surplu.s,  and  that  it  had 
turned  out  to  bo  much  larger  than  was  admitted 
by  the  friends  of  the  administration ;  which 
latter  assertion  was  in  fact  true,  bccau.<!e  tlio 
appropriations  for  the  public  senice  (the  bills 
for  which  ;>-  re  in  the  hands  of  the  opposition 
members)  li..i  been  kert  off  till  the  middle  of 
the  summer,  and  could  not  be  used ;  and  so  left 
some  fifteen  millions  in  the  trca.sury  of  appro- 
priated money  which  fell  under  the  terms  of  tho 
deposit  act,  and  became  divisil'n  as  surplus. 

Mr.  Benton  replied  to  Mr.  i      ng,  saying : 

"  In  the  first  of  these  obje  the  present 
movement  is  twin  brother  to  th'  mous  reso- 
lution of  1833,  but  without  its  i  aildncss ;  for 
that  resolution  declared  its  object  upon  its  face, 
™  hile  this  one  eschews  specification,  and  insi<ii- 
ously  seeks  a  judgment  of  condemnation  by  in- 
ference and  argument.  In  the  second  of  t!ie.«o 
objects  every  body  will  recognize  the  great  de- 
sign of  the  second  branch  of  the  same  famous 
resolut'on  of  1833,  which,  in  the  restoration  of 
the  deposits  to  the  Bank  of  the  United  States, 
clearly  went  to  the  establishment  of  the  paper 
system,  and  its  supremacy  over  the  federal  gov- 
ernment. The  present  movement,  therefore,  is 
a  second  edition  of  the  old  one,  but  a  lame  and 
impotent  affair  compared  to  that.  Then,  we  had 
a  magnificent  panic ;  now,  nothing  but  a  misera- 
ble starveling!  For  though  the  letter  of  tho 
president  of  the  Bank  of  the  United  States  an- 
nounced, early  in  November,  that  the  meeting 
of  Congress  was  the  time  for  the  new  distress 
to  become  intense,  yet  wo  are  two  weeks  deep 
in  the  session,  and  no  uijtress  memorial,  no  dis- 
tress deputation,  no  distress  committees,  to  this 
hour !  Nothing,  in  fact,  in  that  line,  but  the 
distress  speech  of  the  gentleman  from  Ohio  [Mr. 
Ewing] ;  so  that  the  new  panic  of  183G  has  all 
the  signs  of  being  a  lean  and  slender  affair— a 
mere  church-mouse  concern — a  sort  of  dwarf- 
ish, impish  imitation  of  the  gigantic  spectre  which 
stalked  through  the  land  in  1833." 

Mr.  Benton  then  showed  that  this  subaltern 
and  Lilliputian  panic  was  brought  upon  the  stage 
in  the  same  way,  and  by  the  same  managers,  with 
its  gigantic  brother  of  1833-'34 ;  and  quoted  from 


•96 


THIRTY  YEARS'  VIEW. 


a  pnlilisiicd  letter  of  Mr.  Biddlo  in  November 
preccdinp,  and  a  public  spesch  of  Mr.  Clay  in 
the  month  of  September  prcccdin^^,  in  which 
they  gave  out  the  programme  for  the  institution 
of  the  little  panic ;  and  the  proceeding  against 
the  President  for  violating  the  laws ;  and  against 
the  treasury  order  itself  as  the  cause  of  the  new 
distress.  Mr.  Biddle  in  his  publication  said: 
"  Our  pecuniary  condition  seems  to  be  a  strange 
anomaly.  When  Congress  ac^ourned,  it  left 
the  country  with  abundant  crops,  and  high 
prices  for  them — with  every  branch  of  industry 
flourishing,  and  w^ith  more  specie  than  we  ever 
had  before — with  all  the  elements  of  universal 
prosperity.  None  of  these  have  undergone  the 
slightest  change ;  yet,  after  a  few  months,  Con- 
gress will  rc-asserable,  and  find  the  whole  coun- 
try suffering  intense  pecuniary  distress.  The 
occasion  of  this,  and  the  remedy  for  it,  will  oc- 
cupy our  thoughts.  In  my  judgment,  the  main 
cause  of  it  is  the  mismanagement  of  the  reve- 
nue— mismanagement  in  two  respects :  the  mode 
of  executing  the  distribution  law,  and  the  order 
requiring  spc^'y  for  the  paymt  \t  of  the  public 
lands — an  act  which  seems  to  me  u  most  wan- 
ton abuse  of  power,  '\f  not  a  flagrant  usurpation. 
The  remedy  follows  the  causes  of  the  evils.  The 
first  measure  of  relief,  therefore,  should  be  the 
instant  repeal  qf  the  treasury  order  requiring 
specie  for  lands ;  the  second,  the  adoption  of  a 
proper  system  to  execute  the  distribution  law. 
These  measures  would  restore  confidence  in 
twentj'-four  houra,  and  repose  in  at  least  as 
many  days.  If  the  treasury  will  not  adopt  them 
voluntarily.  Congress  should  immediately  com- 
mand it."  This  was  the  recommendation,  or 
mandate,  of  the  president  of  the  Bank  of  the 
United  States,  still  acting  oa  a  part  of  the  nar 
tional  legislative  power  even  in  its  ne';v  trans- 
formation, and  keeping  an  eye  upon  that  dis- 
tribution which  Congress  passed  as  a  deposit, 
which  he  bad  recommended  as  raising  the  price 
of  the  State  stocks  held  by  the  bank;  and  the 
delay  in  the  delivery  of  which  he  considers  ap 
(  no  of  the  causes  which  bad  brought  on  the  new 
distress.  Mr.  Clay  in  his  Lexington  speech  had 
taken  the  same  grounds ;  and  speaking  of  the 
continued  tampering  with  the  currency  by  the 
administration,  went  on  to  say: 

"One  rash,  lawless,  and  crude  experiment 
succeeds  another.  He  considered  the  late  trea- 
■luy  order,  by  which  all  payments  for  public  lauds 


wore  to  be  in  specie,  with  one  oxfrption  f, 
j  short  duration,  a  most  ill-advised,  illejrji  ' 
I  |)crniciou8  measure.    In  principle  it  wm  vrrn 
I  in  practice  it  will  favor  the  very  RiieculaJ, 
which  it  professes    to  endeavor  to  B^hr)^ 
I  The  officer  who  issued  it,  as  if  ponscious  r,f 
'  obnoxious  character,  shelters  himself  b('hin(l 
!  name  of  the  President.     But  the  President  v 
Secretary  had  no  right  to  pronmlgatc  anv  %r, 
order,    ^he  law  admits  of  no  sucii  discrimii 
tion.    If  the  resolution  of  the  30th  of  Api 
1816,  continued  in  operation  (and  the  lulmin 
tration  on  the  occasion  of  the  removal  of  the 
posits,  and  or.  the  present  occasion,  relics  u 
it  as  in  full  for.ce),  it  gave  the  Secretary  no  sin 
discretion  as  he  has  exercised.    That  msolutii 
required  and   directed  the  Secretary  of  i| 
Treasury  to   dopt  such  measures  as  he  mi?! 
deem  necessi  ry, '  to  cause,  as  soon  as  niav  I 
all  duties,  t».xc j,  debts,  or  sums  of  monev.  i 
cruing  or  becoming  payable  to  the  United  Stati 
to  be  collected  and  paid  in  the  legal  currcncr 
the  United  States,  or  treasury  notes,  or  noi 
of  the  Bank  of  the  United  States,  as  byiawni 
vided  and  declared,  or  in  notes  of  banks  whii 
are  payable  and  paid  on  demand,  in  said 
currency  of  the  United  States.'    This  resolut 
was  restrictive  and  prohibitory  upon  th 
tary  only  as  to  the  notes  of  banks  not  rcdcei 
able  in  specie  on  demand.    As  to  all  such  noti 
he  was  forbidden  to  receive  them  from  and  aft 
the  20th  of  February,  1817.    As  to  thenoi 
of  banks  which  were  payable  and  paid  on 
mand  in  specie,  the  resolutiou  was  not  mei 
permissive,  it  was  compulsory  and  mandatoi 
He  was  bound,  and  is  yet  bound,  to  red 
them,  until  Congress  interfere." 

Mr.  Benton  replied  to  the  arguments  of  ] 
Ewing,  the  letter  of  Mr.  Biddle,  and  the  i 
of  Mr.  Clay ;  and  considered  them  all  as  ideal 
cal,  and  properly  answereu  in  the  lump,  withoa 
special  reference  to  the  co-operating  assoilanl 
On  the  point  of  the  alleged  illegality  of  tl 
treasury  order,  he  produced  the  Joint  RcsoM 
tion  of  1816  under  which  it  was  done ;  andtla 
said: 

"  This  is  the  law,  and  nothing  can  be  pla 
than  the  right  of  selection  which  it  gives  I 
the  Seci«tiry  of  the  Treasury.  Four  difel 
ent  media  are  mentioned  in  which  the  reveaf 
may  be  collected,  and  tie  Secretary  is 
the  actor,  the  agent,  and  the  power,  by  \fiii 
the  collection  Is  to  be  effected.  He  is  { 
do  it  in  one,  or  in  another.  He  may  chw 
several,  or  all,  or  two,  or  one.  All  arc  j 
the  disjunctive.  No  two  are  joined  togetlK 
but  all  are  disjoined,  and  presented  tohlmij 
dividually  and  separately.  It  is  clearly  ( 
right  of  the  Secretary  to  order  the  collectioj 
to  bo  made  in  either  of  the  four  media  mentiol 
ed.    That  the  resolution  id  not  maDdatorjl 


ANNO  1836.    ANbAEW  JACKSON,  rUESlDKNT. 


697 


Bpccie,  ^ith  one  cxrcption.  ff  f  I 
n,  a  most  ill-advised,  illejal,  ti 
[isure.    In  principlf  it  wm  wrnn, 
will  favor  the  very  Bfiecubtifl 
fusses    to  endeavor  to  suppr,^ 
io  issued  it,  as  if  conccions  ,,f ; 
racter,  shelters  himself  bchinil  t] 
'resident.     But  the  President  i 
I  no  right  to  pronmlpate  any  sii^ 
aw  B<lmit8  of  no  such  discrimiii 
resolutioii  of  the  30th  of  Api 
fd  in  operation  (and  the  ndmiii( 
«  occasion  of  the  removal  of  the  li 
.  the  present  occasion,  relies  up 
>T.ce),  it  gave  the  Secretary  no  sua 
he  has  exercised.    That  rogolutJ 
directed  the  Secretary  of  til 
dopt  such  measures  ns  he  migi 
rv, '  to  cause,  as  soon  as  may  \ 
,xcj,  debts,  or  sums  of  money,  i 
jming  payable  to  the  United  Sutt 
id  and  paid  in  the  legal  currency  j 
States,  or  treasury  notes,  or  noij 
of  the  United  States,  as  by  law  p 
jlared,  or  in  notes  of  banks  wlil 
and  paid  on  demand,  in  said  loj 
he  United  States.'    This  resolutij 
ve  and  prohibitory  upon  thi 
to  the  notes  of  banks  not  red« 
B  on  demand.    As  to  all  such  noU 
Jden  to  receive  them  from  and  aft 
February,  1817.    As  to  the  nol 
ich  were  payable  and  paid  on  i 
jie,  the  resolution  was  not  men 
t  was  compulsory  and  mandatoij 
iind,  and  is  yet  bound,  to 
Congress  interfere." 

m  replied  to  the  arguments  of  J| 
etter  of  Mr.  Biddle,  and  the  spe« 
;  and  considered  them  all  as  ideti 
)erly  answereu  in  the  lump,  will 
ence  to  the  co-operating  assalMJ 
it  of  the  alleged  illegality  of  t 
er,  he  produced  the  Joint  Rcsolj 
under  which  it  was  done ;  andtl 

the  law,  and  nothing  can  be  pi 
rht  of  selection  which   it  gives  I 
ry  of  the  Trcasurv.     Four  diffJ 
TO  mentioned  in  which  the  revenf 
lected,  and  tie  Secretary  is  w 
10  agent,  and  the  power,  by  n 
on    is  to  be  effected.     He  is 
le,  or  in  another.    He  may  chw 

all,  or  two,  or  one.  All  are  1 
Live.  No  two  are  joined  togethi 
disjoined,  and  presented  to hmj 
ind  separately.     It  is  clearly  fl 

Secretary  to  order  the  coUectio^ 
in  either  of  the  four  media  mentiol 
he  resolution  ia  not  mandatorjj 


lij^ff  any  one  of  the  four,  ia  obvious  from  the 
Igtawr  in  which  the  notes  of  the  Bank  of  the 
fu-iei  States  are  mentioned.    They  were  to  be 
Ijrtivcd  as  then  provided  for  by  law  ;  for  the 
l^k  charter  had  then  just  passed ;  and  the  14th 
lurtion  had  provided  for  the  reception  of  the 
l»tM  of  this  institution  until  Congress,  by  law, 
iLuld  direct  otherwi>«.    The  right  of  the  in- 
Kiution  to  deli  v./  its  notes  in  payment  of  the 
liffcnuc,  was  anterior  to  this  resolution,  and  al- 
■nvs  held  under  that  14th  section,  never  under 
Id^  joint  resolution,  and  when  that  section  was 
H«ait.d  at  the  last  session  of  this  CongresG,  that 
M  nas  admitted  to  bo  gone,  and  has  never 
Kn  claimed  since.    The  words  of  the  law  are 
>tr;  the  practice  under  it  has  been  uniform 
jl  uninterrupted  from  the  date  of  its  passage 
jjthe  present  day.    For  twenty  years,  and  un- 
ir  three  Presidents,  all  the  Secretaries  of  the 
Lajury  have  acted  alike.    Each  has  made  sc- 
wions,  permitting  the  notes  of  some  specie- 
Wing  banks    to  be  reccivcdj  and  forbidding 
iers.   Mr.  Crawford  did  it  m  numerous  in- 
jces ;  and  fierce  and  universal  as  were  the 
[lacks  upon  that  eminent  patriot,  during  the 
<sidcntial  canvass  of  1824,  no  human  being 
rer  thought  of  charging  him  with  illegality  in 
i  respect.    Mr.  Rush  twice  made  similar  se- 
lions,  during  the  administration  of  Mr.  Adams, 
J  no  one,  either  in  the  same  cabinet  with  him, 
[rout  of  the  cabinet  against  him,  ever  coraplain- 
1  of  it.    For  twenty  years  the  practice  has 
ecn  miiform ;  and  every  citizen  of  the  West 
ig^rsthat  that  practice  was  the  general,  though 
tt  universal,  exclusion  of  the  Western  specie- 
Ling  bank  paper  from  the  Western  land  offices. 
p  every  man  in  the  West  knows,  and  knows 
lit  that  general  exclusion  continued  down  to 
t  day  that  the  Bank  of  the  United  States  ceas- 
|to  be  the  depository  of  the  public  moneys. 
|ras  that  event  which  opened  the  door  to  the 
leivability  of  State  bank  paper  which  has 
e  been  enjoyed." 

[Having  vindicated  the  treasury  order  from 
t  charge  of  illegality,  Mr.  Benton  took  up  the 
i  of  the  new  distress,  anu  ^aid: 

'The  news  of  all  this  approaching  calamity 
^  given  out  in  advance  in  the  Kentucky 
tech  and  the  Philadelphia  letter,  already  re- 
ted  to ;  and  the  fact  of  its  positive  advent 
1  actual  presence  was  Touched  by  the  senator 

a  Ohio  [Mr.  Ewing]  on  the  last  day  that  the 
lite  was  in  session.  I  do  not  permit  myself 
^d  Mr.  ^  )  to  bandy  contradictory  assevera- 

3  and  uebatable  assertions  across  this  floor. 
boose  rather  to  make  an  issue,  and  to  test 
jemon  by  the  application  of  evidence.  In  this 
/ 1  will  proceed  at  present.  I  will  take  the 
ter  of  the  presiu^nt  of  the  Bank  of  tha  United 
|te°  as  twing  o£9cial  in  this  case,  and  most  au- 

ntative  in  the  distress  department  of  thiscom- 

i  movement  against  President  Jackson.  He 
fcounces,  in  November,  the  forthcoming  of  the 


national  calamity  in  Derrmbor ;  nnd  aftoi  chars- 
ing  part  of  this  niin  an<l  miwhii-f  on  the  mo.lo 
cf  executing  what  ho  'idirntatiously  styles  the 
distribution  law,  when  thiTc  is  noVuch  law  in 
the  country,  lie  goes  on  to  charge  the  rt  inaindor, 
being  ten-fold  mort-  than  ttic  fomicr  ii-hiii  the 
Treasury  order  which  excliuk's  iinisr  nmniy 
from  the  land  ofHccs." 

Mr.  Benton  then  read  Mr.  Riddle's  description 
of  the  new  distress,  which,  in  his  publication 
was  awful  and  appalling,  but  wliiih,  ho  said,  was 
nowhere  visible  except  in  the  localities  where 
the  bank  had  power  to  make  it.  It  was  u  pic- 
ture of  woe  and  ruin,  but  not  without  hope  and 
remedy  if  Congress  followed  his  directions ;  in 
the  mean  time  he  thus  instructed  the  country 
how  to  behave,  and  promised  his  co-operation — 
that  of  the  bank — in  the  overthrow  of  President 
Jackson,  and  his  successor,  Mr.  Van  Burcn  (for 
that  is  what  he  meant  in  tiii.s  passage) : 

"  In  the  mean  time,  all  forbearance  and  calm- 
ness should  be  maintained.  There  is  great  rea- 
son for  anxiety — none  whatever  for  alarm  ;  and 
with  mutual  confidcnco  and  courage,  the  coun- 
try may  yet  be  able  to  defend  itself  against  the 
government.  In  that  struggle  mj'  own  poor 
efforts  shall  not  be  wantini*.  I  go  for  the  coun- 
try, whoever  rules  it.  I  go  for  the  country, 
best  loved  when  worst  governed — and  it  will 
afford  me  far  more  gratification  to  assist  in  re- 
pairing wrongs,  than  to  triumph  over  thoso  who 
inflict  them," 

This  pledge  of  aid  in  a  struggle  with  the  gov- 
ernment was  a  key  to  unlock  the  meaning  of  the 
movements  then  going  on  to  produce  the  general 
suspension  of  specie  payments  in  all  the  banks 
which  saluted  the  administration  of  Mr.  Van 
■Ruren  in  the  first  quarter  of  its  existence,  and 
was  intended  to  produce  it  in  its  first  month. 
Considering  specie  payments  as  the  only  safety 
of  the  country,  and  foreseeing  the  general  bank 
explosions,  chiefly  contrived  by  the  Bank  of  the 
United  States,  which  was  to  re-appear  in  the 
ruin,  and  claim  its  re-establishment  as  the  only 
remedy  for  the  evils  which  itself  and  its  confed- 
erates created,  Mr.  Benton  said : 

"  There  is  no  safety  for  the  federal  revenues 
but  in  the  total  exclusion  of  local  paper,  and 
that  from  every  branch  of  the  revenue — customs, 
lands,  and  post  office.  There  is  no  "afety  for 
the  national  finances  but  in  the  constitutional 
medium  of  gold  and  silver.  After  forty  years 
of  wandering  in  the  wilderness  of  paper  money, 
we  have  approached  the  confines  of  the  consti- 
tutional mediunL  Seventy-five  millions  of  specie 
iu  the  country,  with  the  prospect  of  annual  in* 


M. 


698 


THIRTY  YEARS'  VIEW. 


croMc  of  ten  or  twelve  millionn  for  the  next  four 
years ;  three  branch  mints  to  commcnco  next 
spring,  and  the  complete  restoration  of  the  gold 
rurri'ney;  announce  the  succt'ss  of  President 
Jackson's  jjioat  measures  for  the  reform  of  the 
curreii-'v  and  vindicate  the  constitution  from  the 
liln.'!  uf  having  prescribed  an  impracticable  cur- 
rency, 'i  ho  success  is  complete  ;  ond  there  is 
no  way  to  thwart  it,  but  to  jnit  down  the  treas- 
ury onler,  and  to  re-open  the  public  lands  to  the 
inundation  of  paper  money.  Of  this,  it  is  not 
to  be  dissembled,  tVcro  ifc  groat  danger.  Four 
deeply  interested  classes  ore  at  work  to  do  it — 
speculators,  local  banks.  United  States  Bank, 
and  politicians  out  of  power.  They  may  succeed, 
but  he  (Mr.  B.)  would  not  despair.  The  dark- 
est hour  of  night  is  just  before  the  break  of  day ; 
and,  through  the  gloom  ahead,  he  saw  the  bright 
vision  of  the  constitutional  currency  erect,  ra- 
diant, and  Tictorious.  Through  regulation,  or 
cxplosiion,  success  must  eventually  come.  If  re- 
form mcxsurcs  go  on,  gold  and  silver  will  be 
gradually  and  temperately  restored ;  if  reform 
measures  are  stopped,  then  the  paper  system 
runs  riot,  and  explodes  from  its  own  expansion. 
Then  the  Bank  of  the  United  States  will  exult 
in  the  catastrophe,  and  claim  its  own  re-cstab- 
lishmcnt.  as  the  only  adequate  regulator  of  the 
local  banks.  Then  it  will  be  said  the  specie  ex- 
periment has  failed !  But  no ;  the  contrary  will 
be  known,  that  the  specie  experiment  has  not 
failed,  but  it  was  put  down  by  the  voico  and 
power  of  the  intorestec'  classes,  and  must  be  put 
up  again  by  the  voice  and  power  of  the  disinter- 
ested community." 

This  was  uttered  in  December  1830:  in  April 
1837  it  was  history. 

Mr.  Crittenden,  of  Kentucky,  replied  to  Mr. 
Benton ;  and  said : 

''  The  senator  from  Missouri  had  exhibited  a 
table,  the  results  of  which  ho  had  pressed  with 
a  very  triumphant  air.  Was  it  extraordinary 
tlmt  the  deposit  banks  should  be  strengthened? 
The  ett'ect  of  the  order  went  directly  to  sustain 
them.  But  it  was  at  the  expense  of  all  the 
other  banks  of  the  country.  Under  this  order, 
all  the  specie  was  collected  and  carried  into  their 
vaults :  an  operation  which  went  to  disturb  and 
embarrass  the  general  circulation  of  the  country, 
and  to  produce  that  pecuniary  diflBculty  which 
was  felt  in  all  quarters  of  the  Union.  Mr.  C. 
did  not  profess  to  be  competent  to  judge  how 
far  the  whole  of  this  distress  was  attributable 
to  the  operation  of  the  treasury  order,  but  of 
this  at  least  he  was  very  sure,  through  a  great 
part  of  the  Western  country,  it  was  universally 
attributed  to  that  cause.  The  senator  from 
Missouri  supposed  that  the  order  had  produced 
no  part  of  this  pressure.  If  not,  he  would  ask 
what  it  bad  produced  ?  Had  it  increased  the 
specie  in  the  country  ?  Had  it  increased  the 
specie  in  actual  and  general  circulation  ?  If  it 
bod  done  uo  cvil^  what  good  had  it  done  ?  This, 


he  believed  was  as  yet  undi«coveroil.    So  (jr  t 
it  hod  operated  at  all,  it  bad  be<?n  to  dcnn 
the  state  of  the  currency,  and  to  give  it  a  din 
tion  inverse  to  tlio  course  of  bui^incss.    fJ 
honorable  senator,  however,  could  not  we  lioi 
moving  money  across  a  street  could  operate  l 
affect  the  currency ;  and  seemed  to  .supi)o>c  tij 
moving  money  from  west  to  east,  or  from  n 
to  west,  would  have  as  little  effect,    Mofk'I 
however,  if  left  to  itself,  would  always  mov... 
cording  to  the  ordinary  course  of  business  tnu 
actions.    This  course  might  indeed  be  dietiirlj^ 
for  a  time,  but  it  would  be  like  forcing  the  nci 
away  from  the  pole :  you  migt .,  turn  it  nni 
and  round  as  often  as  you  pleased,  but,  left  | 
itself)  it  would  still  settle  at  the  north,  od 
great  commci  'al  cities  were  the  natural  rcpoj 
tories  where  money  centred  and  settled.   ThJ 
it  was  wanted,  and  it  was  more  valuable  if  1 
there  than  if  carried  into  the  interior.    Anvii 
telligcnt  business  man  in  the  West  would  rath( 
have  monov  paid  him  for  a  debt  in  New-Yoi 
than  at  his  own  door.    It  was  worth  morej 
him,     If,  then,  specie  was  forced,  by  trcasm 
tactics,  to  take  a  direction  contrary  to  the  Mti 
ral  course  of  business,  and  to  move  from  cast] 
west,  the  operation  would  be  bencficaal  'o  not] 
injurious  to  all.    It  was  not  in  the  power  of  g 
emment  to  keep  it  in  a  false  direction  or  juJ 
tion.    Specie  was  in  exile  whenever  it  was  forcj 
out  of  that  place  where  business  called  for] 
Such  an  operation  did  no  real  good.    It  wasi 
forced  movement  and  was  soon  overcomo  byt! 
natural  course  of  things. 

"  Mr.  C.  was  well  aware  that  men  might  | 
deluded  and  mystified  on  this  subject,  aud  t 
while  the  delusion  lasted,  this  treasury  orj 
might  bo  held  up  before  the  eyes  of  men  is\ 
splendid  arrangement  in  finance ;  but  it 
only  like  the  natural  rainbow,  which  owed  i 
very  existence  to  the  mist  in  which  it  bad  i 
being.    The  moment  the  atmosphere  was  clei 
its  bright  colors  vanished  from  the  view.  S> 
would  be  with  this  matter.    The  specie  (f ; 
country  must  resume  its  natural  course.  Ml 
might  as  well  escape  from  the  physical  ncasj 
ties  of  their  nature,  as  from  the  laws  which  i 
crned  the  movements  of  finance :  and  the  inj 
who  professed  to  reverse  or  dispense  with  t 
one  was  no  greater  quack  than  he  who  i 
the  same  professions  with  regard  to  tlie  otheij 

'•  But  it  was  said  to  be  the  distribute 
which  had  done  all  the  mischief;  and  Mr.] 
was  ready  to  admit  that  the  manner  in  wlii 
thm  government  had  attempted  to  cany  I' 
law  into  effect  might  in  part  have  furnished  tl 
basis  for  such  a  supposition.  He  had  no  iIjii 
that  the  pecuniar}-  evils  of  the  country  had  t 
aggravated  by  the  manner  in  which  this  1 
Iwen  done." 

Mr.  Webster  also  replied  to  Mr.  Benton,  in  I 
elaborate  speech,  in  which,  before  arguiujl 
legal  question,  he  aaid : 


ANNO  183fl.     ANDREW  JACKSON.  I'RF.sIDKNT. 


6D? 


R  as  yet  unfl'mcovcrwl.  So  fir  i 
id  at  all,  it  bad  bei-n  to  dcrw 
>  currency,  ami  to  Rive  it  a  djf, 
[)  the  conino  of  bui*iTic«<i.  fij 
ktor,  however,  could  not  we  hr^ 
across  a  street  could  oporate  i 
incy ;  and  Bccmed  to  suppose  tlj 
from  west  to  east,  or  from  (« 
J  have  as  little  effect  Motif) 
k  to  itself,  would  always  mow* 
ordinary  course  of  buHincss  tranii 
course  might  indeed  be  disturU 
it  would  be  like  forcing  the  nc^i 
I  pole :  you  migl  i,  turn  it  rou^ 
often  as  you  pleased,  but,  kft  i 
d  still  settle  at  the  north,  od 
'•x\  cities  were  the  natural  repoJ 
loncy  centred  and  settled.  ThJ 
,  and  it  was  more  valuable  if  I 
»rricd  into  the  interior.  Anyii 
less  man  in  the  West  would  ratb, 
aid  him  for  a  debt  in  New-Yo] 
iwn  door.  It  was  worth  moref 
I,  specie  was  forced,  by  trcasuL 
3  a  direction  contrary  to  the  lutl 
business,  and  to  move  from  east! 
ration  would  bo  beneficial  'o  noij 
1.  It  was  not  in  the  power  of  g 
;ep  it  in  a  false  direction  or  m 
was  in  exile  whenever  it  was  forcj 
lace  where  business  called  for  i 
ition  did  no  real  good.  It  was] 
ent  and  was  soon  overcomo  by  t 
i  of  things. 

>a  well  aware  that  men  might  I 
mystified  on  this  subject,  aud  lU 
lusion  lasted,  this  treasury  ordl 
d  up  before  the  eyes  of  men  asl 
.ngement  in  finance ;  but  it  w 
natural  rainbow,  which  owed  i 

0  to  the  mist  in  which  it  had  i 
noment  the  atmosphere  was  cla 
3r8  vanished  from  the  view.  Si' 
h  this  matter.    The  specie  (f ; 

;  resume  its  natural  course.  Jli 
.  escape  from  the  physical  necesj 
lature,  as  from  the  laws  which  j 
vements  of  finance :  and  the  i 
i  to  reverse  or  dispense  witl>  1 
greater  quack  than  he  who  m 
fessions  with  regard  to  the  otheij 
IS  said  to  be  the  distribuac..  U 
lone  all  the  mischief;  and  iMr.j 
admit  that  the  manner  in  whi 
lent  had  attempted  to  cany 
:t  might  in  part  have  furnished  i 

1  a  supposition.  He  had  no  doi 
miarj-  evils  of  the  country  had  k 
)y  the  manner  in  which  tliis  1 

»r  also  replied  to  Mr.  Benton,  b  I 
sech,  in  which,  before  arguing! 
a,  ho  aaid : 


•Thchf'W'™'*'''  member  from  Mixsouri  (Mr. 
•ton) objects  even  to  giving  the  resolution  to 
^nd  a  second  reading.  lie  avails  himself  of 
jrifht,  though  it  be  not  acconling  to  general 
iftice,  to  arrest  the  progress  of  the  measure 
,  m  tint  stage.  This,  nt  least,  is  open,  bold, 
1  manly  warfare.  The  honorable  mcml)cr,  in 
1  elaborate  speech,  founds  his  opposition  to 
L  resolution,  and  his  support  of  the  treasury 
^if,  on  those  general  principles  respecting 
»ncy  which  he  is  known  to  entertain,  and 
j(h  ho  has  maintained  for  many  years.  His 
Anions  some  of  us  regard  as  altogether  ultra 
J  impracticable ;  looking  to  a  state  of  things 
{desirable  in  itself,  even  if  it  were  prnctica- 
.;  and,  if  it  were  'Jcsirable,  as  being  far  be- 
ad the  power  of  this  government  to  bring 

.lOt 

■The  honorable  member  has  manifested  much 

itverance  and  abundant  labor,  most  undoubt- 

ir.  in  support  of  his  opinions ;  he  is  under- 

,  also,  to  have  had  countenance  from  high 

^xs;  and  what  new  hopes  of  success  the  pre- 

pi  moment  holds  out  to  him,  I  am  not  able  to 

Ldge,  but  we  shall  probably  soon  sec.    It  is  pre> 

itlyon  these  general  and  long-known  opinions 

it'he  rests  his  support  of  the  treasury  order. 

[questior,  therefore,  is  at  once  raised  between 

l  gentleman's  principles  and  opinions  on  the 

tiject  of  the  c"       y,  and  the  principles  and 

nions  which  ha .  ^  generally  prevailed  in  the 

utry,  and  which  are,  and  have  been,  entirely 

mite  to  his.    That  question  is  now  abort  to 

I'put  to  the  vote  of  the  Senate.    In  the  pro- 

tes  and  by  the  termination  of  this  discussion, 

I  (hall  learn  whether  the  gentleman's  senti- 

sts  are  or  are  not  to  prevail,  so  far,  at  least, 

I  the  Senate  is  concerned.    The  country  will 

joicc,  I  am  sure,  to  see  some  declaration  of  the 

lions  of  Congress  on  a  subject  about  which 

|inuch  has  been  said,  and  which  is  so  well  cal- 

lited,  by  its  perpetual  agitation,  to  disquiet 

d  disturb  the  confidence  of  society. 

MVe  arc  now  fast  approaching  the  day  when 

!  administration  goes  out  of  o£Sce,  and  an- 

ler  is  to  come  in.    The  country  has  an  inte- 

tin  learning,  as  soon  as  possible,  whether  the 

r  administration,  while  it  receives  the  power 

i  patronage,  is  to  inherit,  also,  the  topics  and 

k projects  of  the  past;  whether  it  is  to  keep 

[the  avowal  of  the  same  objects  and  the  same 

lemes,  especially  in  regard  to  the  currency. 

f  order  of  the  Secretary  is  prospective,  an  1, 

I  the  faee  of  it,  perpetual.     Nothing  in  or 

at  it  gives  it  the  least  appearance  of  a  tem- 

mcasure.    On  the  contrary,  its  terms 

^ly  no  limitation  in  point  of  duration^  and  the 

dual  manner  in  which  it  is  to  come  mto  ope- 

bon  shows  plainly  an  intention  of  making  it 

}  settled  and  permanent  policy  of  government. 

leed.  it  is  but  now  beginning  its  complete  ex- 

pe.    It  is  only  five  or  six  days  since  its  full 

(ration  has  commenced.    Is  it  to  stand  as  the 

]  of  the  land  and  the  rule  of  the  treasury, 

per  the  administration  which  is  to  ensue  7 


An<l  are  those  notions  of  an  rxrliisivo  sprri* 
currcncjr,  and  opposition  to  all  Imnkn,  im  wliirh 
it  is  dcfondiNJ,  to  lie  espousi-d  and  niniiitaincd  liy 
the  new  aduiinidtration,  aa  they  have  Ui n  by  its 
pre<lcceHsor 7  These  are  nuoftions.  not  of  liure 
curiosiity,  but  of  the  hi>;hist  interest  tn  the 
whole  country.  In  considering  this  ordir.  tli« 
first  thing  naturally  is.  to  liKtk  for  the  causeti 
which  led  to  it,  or  arc  assigne«l  for  its  l)rll^llll^;a- 
tion.  And  these,  on  tbe  face  of  the  order  itself. 
arc  declared  to  bo  'complaints  wliicli  linve  lieeii 
made  of  frauds,  speculations,  an<l  monopolies,  in 
the  purchase  of  the  public  latids,  and  the  aid 
which  is  said  to  be  given  to  clli;ct  these  objiTts, 
by  excessive  bonk  cre<lit8,  and  dan^'erous.  if  mu 
partial,  facilities  through  bank  drafts  and  bank 
deposits,  and  vho  general  evil  influence  likely  to 
result  to  the  public  interest,  and  especially  the 
safety  of  the  great  amount  of  money  in  the  trca 
sury,  and  the  sound  condition  of  the  ciirren(;y 
of  the  cotn, ',ry,  from  the  further  cvchango  cf  ilio 
national  domain  in  this  manner,  and  chiefly  for 
bank  i  2dits  and  paper  money.' 

"  This  is  the  catalogue  of  evils  to  lie  aired  by 
this  order.  In  what  these  frauds  consist,  what 
are  tho  monopolies  complained  of,  or  what  is 
precisely  intended  by  these  injurious  specula- 
tions, we  are  not  informed.  All  is  left  on  the 
general  surmiso  of  fraud,  speculation,  and  mono- 
poly. It  is  not  avowed  or  intimated  that  the 
government  has  sustained  any  loss,  cither  by 
the  receipt  of  the  bank  notes  which  proved  not 
to  be  ec^uivalent  to  specie,  or  in  any  other  way. 
And  it  18  not  a  little  remarkable  that  these  evils, 
of  fraud,  speculation,  and  monopoly,  should  have 
br  ne  so  enormous  and  so  notorious,  on  the 
1  of  July,  as  to  require  this  executive  inter- 
ference for  their  suppression,  and  yet  that  they 
should  not  ha^e  reached  such  a  height  as  to 
make  it  proper  to  lay  tho  subject  before  Con- 
gress, although  Congress  remained  in  session 
until  within  seven  dajrs  of  the  date  of  the  order. 
And  what  makes  this  circumstance  still  moro 
remarkable,  is  the  fact  that,  in  his  annual  mes- 
sage, at  the  commencemei't  of  the  same  session, 
the  President  had  spoken  of  the  rapid  sales  of 
the  public  lands  as  one  of  tho  most  gratifying 
proofs  of  the  general  prosperity  of  the  country, 
without  suggesting  that  any  daiigi  r  whatever 
was  to  be  apprehended  from  fraud,  speculation, 
or  monopoly.  His  words  were:  'Among  tiio 
evidences  of  the  increasing  prosperity  of  tho 
country,  not  the  least  gratifying,  is  that  aflorded 
by  the  receipts  from  the  sales  of  the  public 
lands,  which  amount,  in  tho  present  year,  to  tho 
unexpected  sum  of  eleven  millions.'  From  tho 
time  of  the  delivery  of  that  message,  down  to 
the  date  of  the  treasury  order,  there  had  not 
been  the  least  change,  so  far  as  I  know,  or  so 
far  as  we  are  informed,  in  the  manner  of  receiv- 
ing payment  for  the  public  lands.  Every  thing 
stood,  on  the  11th  of  July,  183G.  as  it  had  stood 
at  the  opening  of  the  session,  in  December,  1835. 
How  so  diflerent  a  view  of  things  happened  to 
be  taken  at  the  two  pcr'ods.  we  way  be  able  to 


700 


THIRTY  VEAUS*  VIEW, 


loam,  perhnps,  in  the  fiirtlior  progrcBS  of  this 
deliati*. 

"The  onlcr  uponks  of  the  'evil  influence' 
lilicly  to  rcoiilt  from  the  further  exchan^  of  the 
jnibiic  Innfls  into  '  paper  money.'  Now,  thin  is 
the  very  lanpnnpc  of  the  i^ntleman  from  Mis- 
Fouri.  He  habitually  Rpcakfl  of  the  notes  of  all 
hanks,  however  Bolvent,  and  however  promptly 
their  notes  may  bo  redeemed  in  gold  and  silver. 
ns  '  paper  money.'  The  Secretary  has  adopteo 
the  nonorable  membtr's  phrases,  and  he  speaks, 
too,  of  all  the  bank  noter,  received  at  the  land 
offices,  although  every  one  of  them  is  redeem- 
able in  specie,  on  demand,  but  as  bo  much '  paper 
money.'  In  this  respect,  also,  sir,  I  hope  we 
may  know  more  as  we  grow  older,  and  be  able 
to  learn  whether,  in  times  to  come,  as  in  times 
recently  passed,  the  justly  obnoxious  and  odious 
character  of  'paper  money'  is  to  be  applied  to 
the  issu"<)  of  all  the  banks  in  all  the  States, 
with  whatever  punctuality  they  redeem  their 
bills.  This  is  quite  new,  as  financial  language. 
By  paper  money,  in  its  obnoxious  sense,  I  under- 
stand paper  issues  on  credit  alone,  without  capi- 
tal, without  funds  assijrned  for  its  payment,  rest- 
ing only  on  the  good  faith  and  the  future  ability 
of  those  who  issue  it.  Such  was  the  paper  mo- 
ney of  our  revolutionary  times ;  and  such,  per- 
haps, may  have  been  the  true  character  of  the 
paper  of  particular  institutions  since.  But  the 
notes  of  banks  of  competent  capitals,  limited  in 
amount  to  a  due  proportion  to  such  capitals, 
made  payable  on  demand  in  gold  and  silver,  and 
always  so  paid  on  demand,  are  paper  money  in 
no  sense  but  one ;  that  is  to  say,  tney  are  made 
of  paper,  and  they  circulate  as  money.  And  it 
may  be  proper  enough  for  those  who  maintain 
that  nothing  should  so  circulate  but  gold  and 
silver,  to  denominate  such  bank  notes  'paper  mo- 
ney,' since  they  regard  them  but  as  paper  intrud-' 
ers  into  channels  which  should  flow  only  with 
gold  and  silver.  If  this  language  of  the  order 
is  authentic,  and  is  to  be  so  hereafter,  and  all 
bank  notes  are  to  be  regarded  and  stigmatized 
as  mere  '  paper  money,'  the  sooner  the  country 
knows  it  the  better, 

"The  member  from  Missouri  charges  those 
who  wish  to  rescind  the  treasury  order  with 
two  objects :  first,  to  degrade  and  disgrace  the 
President ;  and,  next,  to  overthrow  the  consti- 
tutional currency  of  the  country.  For  my  own 
part,  sir,  I  denounce  nobody ;  I  seek  to  degrade 
or  disgrace  nobody.  Holding  the  order  illegal 
and  unwise,  I  shall  certainly  vote  to  rescind  it ; 
and,  in  the  discharge  of  this  duty,  I  hop  I  am 
not  expected  to  shrink  back,  lest  I  might  do 
something  which  might  call  in  question  the  wis- 
dom of  the  Secretary,  or  even  of  the  President, 
And  I  hope  that  so  much  of  indcpndence  as 
may  be  manifested  by  free  discussion  and  an 
honest  vote  is  not  to  cause  denunciation  fVom 
»ny  quarter.    If  it  should,  let  it  come," 

It  became  a  very  extended  debate,  in  which 


Mr.  Nilcs,  Mr.  Rives,  Mr.  Hubbard,  Mr.  Soijt] 
ard,  Mr.  Strange  of  N.  C,  Mr.  Clay,  Mr.  W»lk 
of  Miss,,  and  others  partook.    The  subject  hx] 
been  referred  to  the  committee  of  public  ^ 
of  which  Mr.  "Walker  was  chairman,  rrixrte.ll 
bill,  "  limiting  and  designating  the  fiimis  rw^i 
able  for  the  revenues  of  the  United  States  • ' 
object  of  which  was  to  rescind  the  trca.siin-( 
cular  without  naming  it,  and  to  continue  i 
receipt  of  bank  notes  in  payment  of  nil  i\^^\ 
the  government.    Soon  after  the  bill  vns  i 
ported,  and  bad  received  its  second  readinJ 
motion  was  made  in  the  Senate  to  lay  the  3 
pending  subject  (public  lands)  on  the  tablcj 
the  purpose  of  considering  the  bill  roported  I 
Mr.  Walker  to  limit  and  designate  tlic  fugj 
reociv.sble  in  public  dues.    Mr.  Benton  was  t 
by  surprise  by  this  motion,  which  was  in 
diately  agreed  to,  and  the  bill  ordered  to  be  i 
grossed  for  a  third  reading  the  next  da- 
that  third  reading  Mr.  Benton  looked  for  | 
opportunity  to  speak ;  and  availed  himself  ol| 
commencing  his  speech  with  giving  the  i 
why  he  did  not  speak  the  evening  before  vlJ 
the  question  was  on  the  engrogsmcnt  of  ( 
bill.    He  said  he  could  not  have  fore.seen  t 
the  subject  depending  before  the  Senate,  the  ^ 
for  limiting  the  sales  of  the  public  lands  to  | 
tual  settlers,  would  be  laid  dowii  forthepurpi 
of  taking  up  this  subject  out  of  its  order ;  i 
therefore,  had  not  brought  with  him  someii 
orandums  which  h.e  intended  to  use  when  I 
subject  came  up.    He  did  not  choose  to  ask  I 
delay,  because  his  habit  was  to  speak  tosubjd 
when  they  were  called ;  and  in  this  parti 
cause  he  did  not  think  it  material  when  he  .«pol 
for  he  was  very  well  aware  that  his  spcal 
would  not  affect  the  fate  of  the  bill.   It  toJ 
pass ;  and  that  was  known  to  all  in  the  chamij 
It  was  known  to  the  senator  from  Ohio  (1 
Ewing)  who  indulged  himself  in  saying! 
thought  otherwise  a  few  days  ogo ;  but  I 
was  only  a  good-natured  way  cf  stimulating  I 
fi-iends,  and  bringing  them  vp  to  the  smi 
The  bill  would  pass,  and  thrt  by  a  good  tJ 
for  it  would  have  the  vote  of  the  opposition,  j 
a  division  of  the  administrt  tion  vote, 
then,  did  he  speak  1    Becaust  it  was  due  to| 
position,  and  ^he  part  he  had  acted  on  the  o 
rency  questions,  t«>  express  his  sentimt-nts 
fully  on  this  bill,  so  vital  to  the  general  cm 
<y,  than  could  be  done  by  a  mere  negatiTeT 


ANNO  1836.    ANDREW  JACKSON,  I'Uti^IItENT. 


701 


•.  Riven,  Mr.  Hubbard,  Mr.  <!(,nt] 
IRC  of  N.  C,  Mr.  Clay,  Mr.  Walk 
)thcr8  partook.    The  sulject h»T| 
to  the  committco  of  puWic  ] 
Walker  wa8  chairman,  rfpcrtei 
T  and  designating  the  funiU  nH»| 
evcniies  of  the  United  States ;'' 
ch  was  to  rescind  the  trca.siir}( 
t  naming  it,  and  to  continue 
nk  notes  in  payment  of  rU  due,] 
Bnt.    Soon  after  the  bill  wis. 
bad  received  its  second  reading 
nade  In  the  Senate  to  lay  the  i 
ect  (public  lands)  on  the  table  | 
jf  considering  the  bill  reported  1 
to  limit  and  designate  the  fuij 
public  dues.    Mr.  Benton  was  t 
by  this  motion,  which  was  in 
d  to,  and  the  bill  ordered  to  bei 
I  third  reading  the  next  da-- 
cading  Mr.  Benton  looked  for  I 
to  speak  5  and  availed  himself  ofl 
his  speech  with  giving  the 
not  speak  the  evening  before  wJ 
a  was  on  the  engrossment  of  { 
,id  he  could  not  have  foreseen! 
lepending  before  the  Senate,  the  i 
the  sales  of  the  public  lands  to  i 
,  would  be  laid  dowii  for  the  purpj 
>  this  subject  out  of  its  order ;  i 
ad  not  brought  with  him  somei 
rhich  ho  intended  to  use  when  t 
e  up.    He  did  not  choose  to  ask  I 
ISO  his  habit  was  to  speak  to  subjtj 
were  called ;  and  in  this  par 
not  think  it  material  when  he  spol 
very  well  aware  that  his  Bpcakf 
ififect  the  fate  of  the  bill.   It  m 
hat  was  known  to  all  in  the  chamd 
tm  to  the  senator  from  Ohio  (I 
iio  indulged  himself  in  saying] 
herwise  a  few  days  ago ;  but  I 
good-natured  way  of  stimulating! 
I  bringing  them  vp  to  the  smll 
ould  pass,  and  thtt  by  a  good  tJ 
i  have  the  vote  of  the  oppositioy 
of  the  administrstion  vote. 
e  speak  ?    Becaust  it  was  due  toj 
1(1 +he  part  he  had  acted  on  thee 
tions,  to  express  his  sentiment:  aS 
is  bill,  60  vital  to  the  general  ca 
»uld  be  done  by  a  mere  negatireT 


ihould,  tlkcrcfure,  s|ic«k    against    it,  and 

aU  dia<ct  his  attention  to  the  bill  reported 

the  Public  L<and  Committee,  which  had  so 

^Ir  changed  the  character  of  the  procoiding 

I  ihis  subject    The  rvcision  of  the  treasury 

j^r  was  introduced  a  resolution— it  went  out 

[solution — but  it  cume  back  a  bill,  and  a  bill 

(rtgulafo,  not  the  land  office  i-eceipts  only,  but 

I  the  receipts  of  the  federal  government ;  and 

J  this  new  form  is  to  become  statutti  law,  and 

Lir  to  operate  on  all  the  revenues,  and  to  rc- 

J  ill  other  laws  upon  the  subject  to  which  it 

tied.    In  this  new  form  it  assumes  an  im- 

0,  and  ocquii-cs  an  ciTect,  inflnitely  be- 
1  a  resolution,  and  becomes  in  fact,  as  well 
I  m  name,  a  totally  new  measure.    Mr.  B. 
DJndcd  the  Senate  that  ho  had,  in  his  first 
>ch  on  this  subject,  given  it  as  his  opinion, 
^t  tiro  main  objects  were  proposed  to  be  ac- 
Diplished  by  the  rescinding  resolution ;  first, 
e  implied  condemnation  of  President  Jackson 
rriolating  the  laws  and  constitution,  and  de- 
roring  the  prosperity  of  the  country ;  and,  se- 
Bdly,  the  imposition  of  the  paper  currency  of 
(States  upon  the  federal  government.    With 
ict  to  the  first  of  these  objects,  he  presumed 
Uas  fully  proved  by  the  speeches  of  all  the 
isition  senators  who  had  spoken  on  this  sub- 
ict;  and,  with  respect  to  the  second,  he  be- 
ared it  would  find  its  proof  in  the  change  which 
e  original  resolution  had  undergone,  and  the 
1  it  was  now  assuming  of  statute  law,  and 
xially  with  the  proviso  which  was  added  at 
ecnd  of  the  second  section. 
|)Ir.  B.  then  took  up  the  bill  reported  by  the 
mmittee,  and  remarked,  first,  upon  its  phrase- 
y,  not  in  the  spirit  of  verbal  criticism,  but 
Ithe  spirit  of  candid  objection  and  fair  argu- 
iBt.  There  were  cases  in  which  words  were 

,  and  this  was  one  of  those  cases.  Money 
isa  thing,  and  the  only  words  in  the  constitu- 
lof  that  thing  were,  "  gold  and  silver  coin." 
ebill  of  the  committee  was  systematically 
dusire  of  the  words  which  meant  this  thing, 
I  used  words  which  included  things  which 

not  money.    These  words  w , "  ,  then,  a 

t  subject  of  objection  and  argimient,  because 

kj  went  to  set  aside  the  money  of  the  oonsti- 

W  and  to  admit  the  public  revenues  to  be 

i  in  something  which  was  not  money.    The 

e  of  the  bill  uses  the  word  '*  funds."    It  pro- 

i  to  designate  the  funds  receivable  for  the 


revenues  of  the  T'liitetl  State*.  l'|H»n  thi*  word 
Mr.  B.  IukI  remarkvil  Ufori',  aM  \mug  <>no  of  tlw 
most  indefinite  i.i  the  Kiij'liHh  Inni'nice ;  and, 
so  far  from  sijfuifying  momy  nnly,  i-vcn  pajHT 
money  only,  that  it  conipnhciukd  ivory  variety 
of  paper  security,  public  or  private,  individual  or 
corporate  out  of  which  nwiioy  could  Ijo  raist-ii. 
The  retention  of  this  word  by  the  committee, 
after  the  objections  made  to  it,  wiiv  indicativo 
of  their  intentions  to  lay  ojjcn  the  federal  trea- 
sury to  the  reception  of  something  which  was 
not  constitutional  money ;  and  thin  intention, 
thus  disclosed  in  the  title  to  the  bill,  was  fully 
carried  out  in  its  enactments.  The  words  "  legal 
currency  of  the  United  States  "  aro  twice  used 
in  the  first  section,  when  tl>e  wurdn  •  gold  and 
silver  "  would  have  been  more  appropriate  and 
more  definite,  if  hard  money  was  intended. 

Mr.  B.  admitted  that,  in  the  eye  of  a  regular 
bred  constitutional  lawyer,  legal  currency  might 
imply  constitutional  currency ;  but  certain  it 
was  that  the  common  and  popular  meaning  of 
the  phrase  was  not  limited  to  constitutional 
money,  but  included  every  currency  that  the 
statute  law  made  receivable  for  debts.  Thus, 
the  notes  of  the  Bank  of  the  United  States  were 
generally  considered  as  legal  cun-ency,  because 
receirable  by  law  in  payment  of  public  dues  j 
and  in  like  manner  the  notes  of  all  specie-paying 
banks  would,  under  the  committee's  bill,  rise  to 
the  dignity  of  legal  currency.  The  second  sec- 
tion ^f  the  bill  twice  used  tiie  word  "  cash  ; "  a 
word  which,  however  understood  at  the  Bank 
of  England,  where  it  always  means  ready  money, 
and  where  ready  money  signifies  gold  coin  in 
hand,  yet  with  the  banks  with  which  we  have 
to  deal  it  has  no  such  meaning,  but  includes  all 
sorts  of  current  paper  money  on  hand,  as  well 
as  gold  dnd  silver  on  hand. 

Having  remarked  upon  the  phraseology  of  the 
bill,  and  shown  that  a  paper  currency  composed 
of  the  notes  of  a  thousand  local  banks,  not  only 
might  become  the  currency  of  the  federal  go- 
vernment, but  was  evidently  intended  to  b€ 
made  its  currency ;  and  that  in  the  face  of  all 
the  protestations  of  the  friends  of  the  adminis- 
tration in  favor  of  re-establishing  the  national 
gold  currency,  Mr.  B.  would  now  take  up  the 
bill  of  the  committee  under  two  or  three  other 
aspects,  and  show  it  to  be  as  mistaken  in  its 
design  as  it  wov  ^  be  impotent  in  its  ctrect.  In 
the  first  place,  it  transferred  the  business  of 


702 


THIRTY  YEARS'  YIEW. 


BupprcsBinn  the  umall  note  circulation  from 
the  deposit  branch  to  the  cojlcctinp;  branch  of 
tho  public  revenue.  At  present,  the  buBinenH 
vr%n  in  a  oourao  of  progrcM  through  tho  dcpoait 
banks,  as  a  condition  of  holdin)^  the  public 
moneyfl ;  and,  a«  such,  had  a  place  in  tho  dcpoMit 
act  of  tho  lost  session,  and  also  hatl  a  place  in 
tho  Prcsidcnt'ii  inosstigo  of  tho  last  session, 
where  tho  suppression  of  pupcr  currency  under 
twenty  dollars  was  cxprcHMly  referred  to  tho 
action  of  tho  deposit  banks,  and  as  a  condition 
of  their  rctainin;;  tlio  public  deposits.  It  was 
throup;h  the  deposit  banks,  and  not  through  the 
reception  of  local  bank  paper,  (,hat  tiio  cuppres- 
sion  of  small  notes  should  bo  eflccted.  In  the 
noxt  place,  he  objected  to  the  committee's  bill, 
becauBc  it  proposed  to  make  a  bargain  with  each 
of  the  thousand  banks  now  in  the  United  States, 
And  the  hundreds  more  which  will  soon  bo  bom ; 
and  to  give  them  a  right — a  right  by  law — to 
have  their  notes  received  at  tho  federal  treasury. 
He  was  against  such  a  bargain.  lie  hod  no  idea 
ui  making  a  contract  with  these  thousand  banks 
for  tho  reception  of  their  notes.  lie  had  no  idea 
of  contracting  with  them,  and  giving  them  a 
right  to  plead  the  constitution  of  the  United 
States  against  us,  if,  at  any  time,  after  having 
agreed  to  receive  their  notes,  upon  condition 
that  thoy  would  give  up  their  small  circulation, 
they  should  choose  to  say  we  had  impaired  the 
contract  by  not  continuing  to  receive  them ;  and 
so  either  relapse  into  tho  issue  of  this  small  trash, 
or  have  recourse  to  the  judicial  process  to  com- 
pel the  United  States  to  abide  the  contract,  and 
continue  the  reception  of  all  their  notes.  Mr. 
B.  had  no  idea  of  letting  down  this  federal  go- 
vernment to  such  petty  and  inconvenient  bar- 
gains with  a  thousand  moneyed  corporations. 
Tho  government  of  the  United  States  ought  to 
act  as  a  government,  and  not  as  a  contractor. 
It  should  prescribe  conditions,  and  not  make 
bargains.  It  should  give  the  law.  He  was 
against  these  bargains,  even  if  they  were  good 
ones ;  but  they  were  bad  bargains,  wn^tchedly 
bad,  and  ought  to  be  rejected  as  such,  even  if 
all  higher  and  nobler  considerations  were  out  of 
the  question.  What  is  the  consideration  that 
the  United  States  is  to  receive  ?  A  mere  indi- 
vidual agreement  with  each  bank  by  itself,  that 
in  three  years  it  will  cease  to  issue  notes  under 
ten  dollars  and  in  five  years  it  will  cease  to  issue 
notes  under  twenty  dollars.    What  is  the  price 


which  she  pays  for  this  con*ideration  ?   i„  .J 
first  place,  it  receives  tho  notcn  of  mirh  \ru^il 
gold  and  silver  at  all  the  land-offlrox,  n,,,, 
houses,  ond  poat-offlcos,  of  tho  United  St*!* 
and,  of  course,  pays  them  out  apain  u  po|r| , 
silver  to  all  her  debtors.    In  the  nixt  i,i;^  1 
compels  tho  deposit  banks  to  credit  them  u  t 
In  the  third  plaoo,  it  accredits  tho  whole  cin 
lation  of  the  banks,  and  makes  it  current  ill  ri 
the  United  States,  in  consequence  of  unifen 
receivability  for  all  federal  dues.   In  other  wor^ 
it  endorses,  so  far  as  credit  is  conctme<;  t| 
whole  circulation  of  every  bank  that  comei!  iJ 
the  bargain  thus  proposed.    This  in  certainlj 
most  wretched  bargain  on  tho  part  of  tho  Tnii 
States — a  bargain  in  which  what  she  reccirfs) 
ruinous  to  her ;  for  the  more  local  payment  4 
receives  in  payment  of  her  revenues,  the  woi 
for  her,  and  the  sooner  will  her  treasury  be  f 
with  unavailable  Ainds. 

Mr.  B.  having  gone  over  these  objectioiKl 
tho  committee's  bill,  would  now  asccid  to| 
class  of  objections  of  a  higher  and  graver  c|[ 
racter.      Ho  had  already  remarked  that 
committee  had  carried  out  a  resolution,  and  t 
brought  back  a  bill ;  that  the  committee  pJ 
posed  a  statutory  enactment,  where  the  seniil 
from  Ohio  [Mr.  Ewing],  and  the  senator  fJ 
Virginia  [Mr.  Rives],  had  only  proposod  ajol 
resolution ;  and  he  had  already  further  remarkf 
that  in  addition  to  this  total  chan|>e  in 
mode  of  action,  the'  committee  had  added  tJ 
neither  of  these  senators  had  proposed,  a  clnj 
under  a  proviso,  to  enact  paper  money  intoc 
— to  pass  paper  money  to  the  credit  off 
United  States,  as  cash — and  to  punish,  by  1 
loss  of  the  deposits,  any  deposit  bank  vlJ 
should  refuse  so  to  receive,  so  to  credit,  ind  I 
to  pass,  the  notes  "  receivable  "  under  the  pro 
sions  of  their  bill.  These  two  changes  make ij 
tirely  a  new  measure — one  of  wholly  a  diffen 
character  from  the  resolutions  of  the  two  s« j 
tors — a  measure  which  openly  and  in  temiJ,i 
under  penalties  undertakes  to  make  local  Su{ 
paper  a  legal  tender  to  the  federal  govemm 
and  to  compel  the  reception  of  all  its  revenues! 
the  notes  "  receivable  "  under  the  provisions  \ 
the  committee's  bill.    After  this  gigantic  step 
this  colossal  movement — in  favor  of  paper  moal 
there  was  but  one  step  more  for  the  commitj 
to  take  ;  and  that  was  to  make  these  note 
legal  tender  in  all  payments  from  the  ki 


ANNO  1830.    ANDREW  JACKSON,  rRD<Il>ENT. 


703 


R  for  thli  con»W«r»tif>n  7   In  (| 
■ccelvcn  the  notcn  of  *iirh  Unk 
,>r  at  «U  the  Uml-ofRrcn,  ciim, 
oBt-ofBcc«,  of  the  United  Sui 
,  pAjH  them  out  apiin  u  pnM 
her  debtors.    In  the  nixt  iiuj 
sposit  hankR  to  credit  them  m 
(lace,  it  accredits  the  whole  cii 
«nkfl,  and  makes  it  current  t1 
tatcn,  in  consequence  of  unitei 
or  all  federal  dues.   In  other  wor 
10  far  aa  credit  is  concenie<;.  ti 
tion  of  every  bank  that  coniM  ii 
hus  proposed.    This  is  certtinl] 
«d  bargain  on  the  part  of  the  rnit 
pgain  in  which  what  she  recoir^s 
;r ;  for  the  more  local  payment 
ayment  of  her  revenues,  the  woi 
he  sooner  will  her  treasury  be  fill 
able  fUnds. 

ring  gone  over  these  objection! 
«e'9  bill,  would  now  asccvl  to 
Btions  of  a  higher  and  graver  cl 
I  had  already  remarked  that 
ad  carried  out  a  resolution,  and 
k  a  bill ;  that  the  committee  pi 
utory  enactment,  where  the  sen«i 
Mr.  Ewing],  and  the  senator  tn 
r.  Rives],  had  only  proposod  ajoi 
ind  he  had  already  further  remarki 
ition  to  this  total  change  in 
ion,  the'  committee  had  added  »1 
lese  senators  had  proposed,  a  ch 
viso,  to  enact  paper  money  into 
)aper  money  to  the  credit  of 
fig,  as  cash— and  to  punish,  by 
deposits,  any  deposit  bank  wl 
36  so  to  receive,  so  to  credit,  and 
notes  "  receivable  "  under  the  pr 
lir  bill.  These  two  changes  make i 
measure — one  of  wholly  a  diffei 
•om  the  resolutions  of  the  twosei 
isure  which  openly  and  in  terras, 
tics  undertakes  to  make  local  St 
;al  tender  to  the  federal  govcninn 
pel  the  reception  of  all  its  rcTenuaj 
receivable  "  under  the  provisions 
tee's  bill.    After  this  gigantic  st( 
I  movemeni — in  favor  of  paper  moi 
»ut  one  step  more  for  the  commil 
id  that  was  to  make  these  not 
in  all  payments  from  the  ft 


nrrnment      But  tliat  step  was  unnecessary 

bfuki'"  in  wunls,  fur  it  in  taken  In  fact,  when 

otlK'r  great  step  liccomcs  law.     For  it  is  in-  \ 

jj^ublo  that  what  the  government  receives,  | 

tiiu't  pay  out ;  and  what  it  pays  out  U  comes 

ctirrency  of  the  country.    So  that  when 

i  hill  passes,  the  paiicr  money  of  the  local 

t,  will  be  a  tender  by  law  to  the  federal 

ifornmcnt,  and  a  tender  by  dureMe.  from  the 

nernmcnt  to  its  creditors  and  the  people. 

iiittlie  state  to  which  the  committee's  bill 

l:  bring  us !  and  now,  let  us  pause  nnd  con- 

(plitc,  for  a  moment,  the  position  wo  occupy, 

I  (ho  vast  ocean  of  paper  on  which  we  arc 

fopoiod  to  be  embarke<l. 

stand  upon  a  constitution  which  recog- 

I  nothing  but  gold  and  silver  for  money ;  we 

od  upon  a  legislation  of  near  fifty  years, 

l^h  recognizes  nothing  but  gold  and  silver 

iu»y.    Now.  for  the  first  time,  we  have  a  sta- 

«:)•  enactment  proposed  to  recognize  the 

nt  of  a  wilderness  of  local  banks  for  money, 

lin  Eo  doing  to  repeal  all  prior  legislation  by 

r.  and  the  constitution  by  fact.    This  is  an 

lin  our  legislation.    It  is  statute  law  to  con- 

lall  other  law,  and  is  not  a  resolution  to 

i  other  laws,  and  to  express  the  opinions  of 

tss.    It  is  statutory  enactment  to  create 

,  and  not  a  declaratory  resolution  to  expound 

;  and  the  cifccts  of  this  statute  would  be,  to 

^e  a  paper  government — to  insure  the  ex- 

ation  of  our  specie — to  leave  the   State 

i  without  foundations  to  rest  upon — to  pro- 

:  a  certain  catastrophe  in  the  whole  paper 

[em— to  revive  the  pretensions  of  the  United 

ktcs  Bank — and  to  fasten  for  a  time  the  Adam 

fith  system  upon  the  Federal  Qovcmmentand 

[ffholo  Union. 

Ur.  Benton  concluded  his    speech  with  a 
ulng  against  the  coming  explosion  of  the 
s ;  and  said : 

khe  day  of  revulsion  may  come  sooner  or  later, 

jiits  effects  may  bo  moreorless  disastrous;  but 

!  it  must,  and  disastrous,  to  some  degree,  it 

^tbe.  The  present  bloat  in  the  paper  system 

not  continue ;  the  present  depreciation  of 

ley  exemplified  in  the  high  price  of  every 

;  dependent  upon  the  home  market,  cannot 

.  The  revulsion  will  come,  as  surely  as  it  did 

l819-'20.    But  it  will  come  with  less  force  if 

treasury  order  is  maintained,  and  if  paper 


mom  y  A\M  W'  exrliulcd  fnmi  the  fidtral  tn-a- 
sury,  Hut,  Kt  tlitff  tliinps  p)  k*  tlu-y  may, 
and  k't  rirkKos  or  inischifVouH  banks  do  wlwt 
they  ploaso,  thtre  is  still  a  rofup'  for  the  wifw 
nnd  pf>o<l;  there  is  mill  an  ark  of  snfity  for 
every  honest  bank,  ami  for  eve  ry  prudint  man  ; 
it  is  in  the  mass  of  gold  and  silver  now  in  the 
country— the  seventy  odd  millions  which  tlio 
wi8<lom  of  Pn-sidint  Jackson's  ndministmtioa 
has  acctm;ulated— and  by  getting  tluirhharc  of 
which,  uli  who  arc  so  dispon-d  can  take  care  of 
thcmsclvos.  Sir  (said  Mr.  H.),  I  have  iK'rfi»rmed 
a  duty  to  myself,  not  pka.'snnt,  but  neci'ssary. 
This  bill  JM  tr)  be  an  era  in  our  legislation  and  in 
our  political  history.  It  is  to  be  a  point  upon 
which  the  future  ago  will  bo  thrown  back,  and 
from  which  future  consequences  will  bo  traced. 
I  separate  myself  from  it ;  I  wash  my  hands  of 
it ;  I  oppose  it.  I  am  one  of  those  who  pro- 
mised gold,  not  paper.  I  promised  the  currency 
of  the  constitution,  not  the  currency  of  corpo- 
rations. I  did  not  join  in  putting  down  the 
Bank  of  the  United  States,  to  put  up  a  wilder' 
ness  of  local  banks.  I  did  not  join  in  putting 
down  the  paper  curency  of  a  national  bank,  to 
put  up  a  national  paper  currency  of  a  thousand 
local  banks.  I  did  not  strike  Cucsar  to  make 
Anthony  master  of  Homo. 

Mr.  AValkcr  replied  to  what  he  called  the  bill 
of  indictment  preferred  by  the  eenator  from 
Missouri  against  the  committee  on  public  lands; 
and  after  somo  prefatory  remarks  went  on  to 
say; 

''But  when  that  senator,  having  exl'^iusted 
the  argument,  or  having  none  to  oiFer,  had  in- 
ilulged  in  violent  and  intemperate  denunciation 
of  the  Committee  on  Public  Lands,  nnd  of  the 
report  made  by  him  as  their  or^n,  Mr.  W. 
could  not  withhold  the  expression  of  his  sur- 
print and  astonishment.  Mr.  W.  said  it  was  his 
good  fortune  to  bo  upon  terms  of  the  kindest 
personal  intercourse  with  every  senator,  and 
these  friendly  relations  should  not  be  inter- 
rupted by  any  aggression  upon  his  part.  And 
now,  Air.  yf.  said,  he  called  upon  the  whole 
Senate  to  bear  witness,  as  he  was  sure  they  all 
cheerfully  would,  that  in  this  controversy  ho 
was  not  the  aggressor,  and  that  nothing  had 
been  done  or  said  by  him  to  provoke  the  wrath 
of  the  senator  from  Missouri,  unless,  indeed,  to 
differ  from  him  in  opinion  upon  any  subject 
constituted  an  offence  in  the  mind  of  that  sena- 
tor. If  such  were  the  views  of  that  gentleman, 
if  he  was  prepared  to  immolate  every  senator 
who  would  not  worship  the  same  images  of  gold 
and  silver  which  decorated  the  politicul  chajiel 


704 


THIRTY  YE.VRS'  VIEW. 


of  the  lioniiralili' ^iitlfiiian,  Mr.  W.  wan  fi-arful 
that  till"  Hfiintiir  fiMiu  Mismmri  wiiultl  do  i-xfcu- 
tion  upon  :'V(rv  iiuinlMT  of  th<'  Sonato  hut 
hitncolf,  anrl  he  )«-ft  hero  alone  in  hin  iilory.  Mr. 
W.  Maid  ho  rctMirn-d  to  tlio  rvrnnrkM  of  tho 
M.Miator  fruin  .MiH>uuri  willi  fcciin^H  uf  rvfo^t, 
rnthtT  than  of  an);er  or  excitciiK'nt ;  and  that 
lio  coiiltl  not  hilt  hope,  thiit  whi-n  tho  xvnator 
from  MixKoiiri  had  (;altnly  rctloctcd  upon  thin 
ituhji>ot,  he  would  himself  H4.>o  much  to  rcfrrct 
in  tiiu  courHu  liu  had  pursued  in  relation  to  the 
Conimittvc  on  I'uhlic  Lands,  uiid  much  to  recall 
that  he  hud  uttered  iintltT  feelinprs  of  tumporary 
oxcitoiiicnt.  Sir  (said  Mr.  W.),  beinft  deeply 
solicitous  to  preserve  unbroken  the  rankn  of  the 
democratic  party  in  this  body,  partieipatinf?  with 


the  i)co|i!e  in  grateful  recollection  of  the  diHtin- 
guisned  scrvicfs  rendored  by  the  senator  from 
Missouri   to   tho  tlemocrary   of  tho  Union,  ho 


would  pass  by  man)'  of  tho  remarks  made  by 
that  senator  on  this  Kubject. 

"  [Mr.  Uenton  hero  rose  from  his  chair  and 
demanded,  with  much  warmth,  that  Mr.  Walker 
should  not  pass  by  one  of  them.  Mr.  \V.  asked, 
what  one  ?  Mr.  B.  replied,  in  an  anpry  tone, 
Not  one,  sir.  Then  Mr.  W.  said  he  would  ex- 
amine them  all,  and  in  a  spirit  of  perfect  free- 
dom ;  that  he  would  endeavor  to  return  blow 
for  blow;  and  that,  if  tho  senator  from  Missouri 
desired,  as  it  appeared  ho  did,  an  angry  contro- 
versy with  him,  in  all  its  consequences,  in  and 
out  of  this  house,  he  could  bo  gratified.] 

"  Sir  (said  Mr.  W.),  why  has  tho  senator 
from  Missouri  assailed  tho  Committee  on  Pub- 
lic Lands,  and  himself,  as  its  humble  organ? 
lie  was  not  the  author  of  this  measure,  so  much 
denounced  by  tho  senator  from  Missouri,  nor 
had  ho  said  one  word  upon  tho  subject.  Tho 
measure  originated  with  the  senator  from  Vir- 
ginia [Mr.  Hives].  lie  was  the  author  of  tho 
measure,  and  had  been,  and  still  was,  its  able, 
zealous,  and  successful  advocate.  Why,  then, 
had  the  senator  from  Missouri  assailed  him 
(Mr.  W.),  and  permitted  the  author  of  tho 
measure  u  escape  unpunished?  Sir,  are  the 
arrows  which  appear  to  be  aimed  by  the  senator 
from  Missouri  at  the  humble  organ  of  tho  Com- 
mittee on  Public  lands,  who  reported  this  bill, 
intended  to  inflict  a  wound  in  another  quarter? 
Is  one  senator  the  apparent  object  of  assault, 
when  another  is  designed  as  the  real  victim  ? 
Sir,  when  tho  senator  from  Missouri,  without 
any  provocation,  like  a  thunderbolt  from  an 
unclouded  sky,  broke  upon  the  Senat6  in  a  per- 
fect tempest  of  wrath  and  fury,  bursting  upon 
his  poor  head  like  a  tropical  tornado,  did  he  in- 
tend to  sweep  before  the  avenging  storm  another 
individual  more  obnoxious  to  his  censure? 

"  Sir  (said  Mr.  W.),  the  senator  from  Missouri 
has  thrice  repeated  the  prayer,  '  God  save  the 
country  from  the  Committee  on  Public  Lands ; ' 
but  Mr.  W.  fully  believed  if  the  prayer  of  the 
country  could  be  heard  within  these  walls, 
it  would  be,  God  save  us  from  the  wild,  vision- 
ary, ruinous,  and  impracticable  schemes  of  the 


senator  of  .Mi«Houri,  for  oxcIukItc  nf.jil  j^^, 
ver  currency  ;  and  such  is  not  only  t!ie  t.ri' 
of  the  country,  hut  of  the  .'^ennfc,  wit^  ,^^; 
a  dinsenting  voice.     .Sir,  if  llic  i«(rnt„r  .. 
Missouri  coidtl,  by  his  mandate,  m  Jiri'^i 
tK)sition  to  tho  views  of  the  I'reniili-nt,  i„p, 
fore  expressed,  sweep  from  existence  all  ii, 
banks  of  the  States,  and  establish  ]m  cjclu. 
cimstitutional  currency  of  gold  and  KJliir 
would  bring  upon  this  country  sreni'ii  of  „ 
and  distress  without  a  parallel— an  imiiiiMu 
bankniptcy  of  nearly  every  debtor,  nnd 
most  every  creditor  to  whom   larjro  amoiia 
were  duo,  a  prodigious  depreciation  in  the  pri 
of  all  property  and  all  products,  and  an  imm, 
diato  cessation  by  .Slates  and  individualHuf  ii^^ 
ly  every  work  of  private  enterprise  ur  pui, 
improvement.     The  country  would  In;  imlv 
In  one  universal  bankruptcy,  and  near  the  -rj 
of  tho  nation's  prosperity  would  perhaps  nn\ 
the  scattered  fragments  of  thoao  gn-at  « 
glorious   institutions  which  give  hnppinog 
millions  here,  and  hones  to  milliona  iiiii. 
discnthralmcnt  from  tiespotic  power,    Sir 
resistance  to  the  power  of  tho  Bank  uf 
United  States,  in  opjKJsition  to  tho  roHsUUi^ 
ment  of  any  similar  institution,  tho  ai  atur  lit 
Missouri  would  find  Mr.  W.  with  him;  lut 
could  not  enlist  as  a  recruit  in  this  new  cr ..; 
against  the  banks  of  his  own  and  every  ot!| 
State  in  the  Union.    These  institutionn,  nhetM 
for  good  or  evil,  are  created  by  the  Stat] 
cherished  and  sustained  by  them,  in  manjcg 
owned  in  whole  or  in  part  by  the  States,  i 
closely  united  with  their  prosperity ;  and  w|| 
right  have  wo  to  destroy  them  ?    Wliat  ri j 
md  ho.  a  humble  servant  of  the  people  of  .\] 
sissippi,  to  say  to  his  own,  or  any  utliir  S<2 
your  State  legislation  is  wrong- -yotir  State  j 
stitution,  ^our  State  banks,  must  bo  annihilati 
and  we  will  legislate  here  to  eifcct  this  olj|4 
Are  we  the  masters  or  servants  of  the  80Ttn 
State?  that  we  dare  speak  to  them  in  hapii 
like  t^iis  —  that  we  dare  attempt  to  pr<)>ti| 
here  those  institutions  which  are  created! 
maintained    by  those  very  States  which 
represent  on  this  floor  ?    These  may  be  i 
opinions  entertained  by  some  senators  of  ii 
duty  to  the  States  they  represent,  but  thovi 
not  his  (Mr.  Ws)  views  or  his  opinions, 
was  sincerely  desirous  to  co-operate  with  I 
State  in  limiting  any  dangerous  powers  of  I 
banks,  in  enlarging  the  circulation  of  pAit 
silver,  and  in  suppressing  the  small  note  a 
rency,  so  as  to  avoid  that  explosion  wliichj 
to  be  apprehended  from  excessive  is.siics  of  h 
paper.    But  a  total  annihilation  of  all  the  In 
of  his  own  State,  r.-ow  possessing  a  chart 
capital  of  near  forty  millions  of  dollars,  woj 
Mr.  W.  knew,  produce  almost  universal  \t 
ruptcy,  and  was  not,  he  believed,  anticipata 
any  one  of  his  constituents. 

"  But  tho  senator  from  Missouri  tells  ujj 
this  measure  of  the  committee  is  a  reiieal  i 
constitution,  by  authorizing  the  receipt  of  p 


f- 


AXVO  innrt.    AM>l;i;\T  .IACKM».\,  I'UF>ll:KNT. 


7o:. 


wmri,  fot  eiclunWc  Rfilil  wA, 
tnil  Hiich  l«  not  only  tin-  |,r»( 
Imt  of  the  Sfnntf,  with  mtip, 
oicc     Sir,  if  tlic  "cnati.r  ;• , 
I    by  hit  mandiitf,  m  dmn  ',| 
[j'vli'Wii  of  the  rn-ni'ltnl,  li.p., 
I    swi'tp  from  t'xiitloiicu  all  \ 
HntcR,  nnd  «'Kta»)ll»h  Jiin  txclu. 
currenrv  of  Rold  and  wlxr 
upon  thU  country  urineii  u(  ti 
vithout  a  jMirallcl— an  iiniinii 
r  iH-arly  evfry  debtor,  m\  i.t 
ri'ditor  to  whom  lar^ro  amou: 
rodin'ioiw  depreciation  in  the  jii 
y  and  all  pnMluctB,  and  an  im: 
li  by  SUtett  und  individuaU  uf  i» 
■k  t)f  private  enterprise  or  piA 
The  cotmtry  would  lie  inv ' 
ital  bankruptcy,  and  near  the  ^ 
's  prosperity  would  perhaps  np-i 
d  frapmon^*  of  those  gnai  i 
titulionft  which  give  happiiie«8 
ts    and  hopes  to  millions  inri- 
ent  from  despotic  power.    Sir. 
o  the  power  of  the  Bank  of 
es  in  opiwsition  to  the  rc-tsul 
r  Bimilar  institution,  the  soiator 
juld  find  Mr.W.withhirajki 
nliat  as  a  rt-crult  in  this  new  cr ,,. 
banks  of  his  own  and  every  ot 
Union.    These  institutions,  wheil 
,r  evil,  nro  created  by  the  bw 
nd  sustained  by  them,  m  many  c- 
vhole  or  in  part  by  the  States 

ted  with  their  prp8F"'y  i  ?"'' ' 
wo  to  desti-oytherol    Whatn 
lumblo  servant  of  the  people  oH 
gayto  his  own,  or  any  other  H 
legislation  is  wrong--your  State 
our  State  banks,  must  be  annihila 
iUoSslate  hereto  effect  th,sol, 
niMters  or  servants  of  the  ^w 
we  dare  speak  to  themmlani 
that  we  dare  attempt  to  pw 
institutions  which  are  cKjJed 
bv  those  very  States  which 
on  this  floor  1    These  may  k 
■ntertaincd  by  some  senators  of 
estates  they  represent,  but  they. 
Ir  W's)  views  or  1«8  opimons. 
^fly  desirous  to  co-operate  with 
■wmitine  any  dangerous  powers 
S^lSing  the  circulation  of  pod 

?n  Suppressing  the  small  note 
as  to  avoid  that  exposion  which 

"Lnded  from  excessive  «^^ 
,ut  a  total  annihilation  of  alUh 

n  State,  WW  possessing  a  cha 
near  forty  millions  of  dollar,  « 
n"w   produce  almost  universal  ^ 
■fd  was  not,  he  believed,  anticipav 

■)f  his  constituents.  . 

he  senator  from  Missouri  telUuj 
.uroSf  the  committee  is  a  repeaU 
oljby  authorizing  the  receipt  of 


mmv  ill  nv»»iue  payment*.     If  no,  then  the 
iM'titiiti""  iiivirliat  hud  an  i  Ai-teiu.-f  j  fir  tin- 
L;i,<t  iaiiii"t  Ik-  d<'-iKH:it«<l  wlnii  |i;i|Kr  iKoncy 
ru  ii'il  ">  rcciiviiMi'  by  thr  fi<l«rid   pnvcrii- 
itnl.    Till!*  i*)>i'<'ie«   of  MHHu-y  wan  i-xpn-KxIy 
L.lc  nwivable  for  the  piiMic  diu-.^  by  an  act 
L(i\iiii;ri""<.  piiMci'd  iinnu'diiiti'lv  uftrr  tin-  ndii|t- 
>,  inf  tli<'  constitution,  and  wliicli  rt'iiiitined  in 
t-,v  until  t'i^litiTii    liimdii'd  and   tii'vcn.     It 
i;i  >i)  nciivi'd.  iw  a  niutti'C  of  pmcticv,  fniin 
i.liKrn  hmidrLsl    aixl   ilevi-ii    until   li^litetii 
L'llnd  and  mixtion,  whiii,  u^'aiii.  by  an  uel  of 
ixw*  tluii  pHsiod,  and  which  Iiiim  JiHt  ix- 
,nil,  it  wii-*  (*o  uiilhorizeii  to  Ik-  reci'ived  fluriiij; 
iilliat  iicriod.     Now,  altliou|;h  thcso  iictn  huvo 
jiireil,  tlicro  ill  that  wliicli  in  e<|iiivuUiit  to  n 
If  ^tiil  i"   force,  exprcHnly  authorizintr   tin- 
(tcsof  tlif  niivcie-puyiiiK  banks  of  tlu' Stuti-n 
M  ni'i'ivcd  in  revenue  payniont.'*.     ;t  is  the 
,int  risoltition  of  eitclitcuii  hundred  und  mx- 
in  a<ltipti(l  by  both  hou.ses  of  Congress,  and 
wiiveil  l>y  I'rtHidunt  Madinon. 
■W'hvTv  is  tiio  distinction,  in  principle   i«  re- 
|<thi'  reception  of  bank  pajier  on  piililic  ac- 
,»,•, ktweeii  the  two  provisions?    And  the 
IMl.ir  li'oiu  Missouri,  in  thus  denouncing  the 
if  the  committee  as  a  repeal  of  the  consti- 
„i  .iMiiiuncea  directly  the  President  of  the 
imiii.  •'■Ues.     Congress,  no  more  than  a  State 
lature,  can  make  oiiy  thing  but  gold  or  sil- 
,  a  tender  in  payment  of  debts  by  one  citizen 
ijiiotlier ;  but  that  Congress,  or  a  State  legi.s- 
liire,  or  an  individual,  may  waive  their  con- 
utional  riglits,  und   receive  bank  paper  or 
.Is,  in  payment  of  any  debt,  in  a  principle  of 
itir-iil  adoption  in  theory  and  practice,  and 
[er  doubted  by  any  one  until  at  the  present 
iion  by  the  senator  from   Missouri.      The 
linction  of  the  senator  in  this  respect  wn.s  as 
imprchensible  to  him  (Mr.  W.)  as  ho  be- 
id  it  was  to  every  senator,  and,  indeed,  was 
urnible  only  by  the  ma;^nifying  powers  of  a 
jt  microscope.      It  was    a    point-no-point, 
th,  like  the  logarithmic  spiral,  or  asymptote 
[the  hyperbolic  curve,  might  V    for  ever  ap- 
iched  without  reaching ;  an  ir<'";l;   imal,  the 
jt  of  an   idea,  not  only   wui.    it  length, 
nith,  thickness,  shape,  weight,  or  dimensions, 
iwithout  position — a  mere  imaginary  noth- 
ffliich  flitted  before  the  bewildered  vision 
Jic  honorable  senator,  when  traversing,  in 
ifitfiil  somnambulism,  that  tesselated  pave- 
|t  of  gold,  silver,  and  bullion,  which  that 
Itor  delighted  to  occupy.    Sir,  the  senator, 
Missouri  might  have  heaped  mountain 
his  piles  of  metal ;  ho  might  have  swept, 
is  Quixotic  flight,  over  the  banks  of  the 
s,  putting  to  the  sword  their  officers,  .stock- 
irs,  directory,  and    legislative  bodies  by 
li  they  were  chartered ;  he  might,  in  his 
ries,  have   demolished  their  charters,  and 
lined  their  paper  by  the  fire  of  his  clo- 
x;;  ho  might  have   transacted,  in  fancy, 
a  metallic  currency  of  twenty-eight  niil- 
in  circulation,  an  actual  annual  business 

Vol.  I.— 45 


of  tlftfi'H  hnu'lifd  nnllioiK.  an  I  Mr.  W.  would 
ii"t    bine   ilHtMitHMJ    b<    iNutitli*  v»inn«,   n^r 
«oiil"l  any  oilur  Riimtnr — f.>r  they  Wff  \i«I'Mi< 
only,  tlial  on.M  n.'vrr  !>»•  rmlt/.i'd — I  nt  wlifii. 
dcMvndiiii:  froni  Ihn  ctln'rcnl  tliu'htM,  be  h'IH»I 
ii|Min  till'  ('"tiiiiiittrv  on  riiblii'  Lmds  a-  critni* 
,  iiitl.'*,  urrniii|;<'d   ilii  ni  n*  \iiiluiiir4  uf  llie  i'iiii>ti> 
tiitiiin  mill  pray  I'd  IIimvi-ii  fur  iliiivfrniicc  fnitn 
I  thi'in,  .Mr.  W.  could  !»•  ^il^■nt  no  Ihiiitt.     Yts, 
ii'\en  llii'U   he  would  hnxc   |ias»e(l   li'/lidy  ovrr 
I  the  iiniK"*  of  the  tlicorii's  nf  the  lioiinralilc  Siim- 
tor.  fur,  if  he  dcsirc'd  tu  make  iis-aiiltn  npnii  any, 
it  Would  be  u-'i-n  the  livinjr,  uiel  nut  tin-  diwl; 
but   that   Kei    '        in   tin-  oiK'ninc  <if  liix  (.Mr. 
I  W.'.s)  udilres.s.    ',iid  rejicti'd    the  olive    lirunch 
^  wliicli,  u|i<in  the  urgent  hnlicitikliim  uf  iiiutiial 
.  IVifiiils,  a;.ainHt  bin  own  jiulginmt,  l;i'  li:iil  c\. 
I  li'ii'leil  to  the  boiiorulilc  senator.      'I'lie  senator 
[  from  .Miss(,iiri  had  thus,  in  substnnci',  declared 
;  his  ■■.oici!  wart  Mtill  for  war.'      lie  it  so;  but  ho 
hn|»ed   the  .'senate  wimld   all   recollect    that  ho 
(Mr   W.)  was   imt  the   ugjrressiu-;    and    tliiit, 
w''il.st   he   trusted   h     never  would  wantonly 
a....»il  the  fee'   ,js  or  11  jiutation  of  any  senator, 
he  thanked  *      1  that  he  was  not  so  alijecl  or 
degraded  ..      u  submit,  with  inipniiity.  to  un- 
provoked ...t.K'ks  or  unfounded  iieciisulions  from 
■  •  "  quarter.     Could  I     'bus  ..iibniit,  he  would 
',•■•    I  itlt  to  represert  f.io  noble,  peiurou.s.  and 
ralla.  .^  jicople,  whoso   rights  and   interests   it 
rt'us  his  pride  and  glory  to  endeavor  to  protect, 
whose  honor  and  churiieter  were  deurer  to  him 
than  life  itself,  und  should  never  be  tarnished 
by  any  act  ofrhis.  as  one  of  their  humble  repre- 
sentatives upon  this  floor." 


Mr.  Hives  returned  thanks  to  Mr.  Walker 
for  his  able  and  satisfactory  defence  of  the  bill, 
which  in  fact  was  his  own  resolution  changed 
into  a  bill.  lie  should  not  be  able  to  add  much 
to  what  had  been  said  by  the  honorable  senator, 
but  wa.s  desirous  of  adding  his  mite  in  lejily  to  no 
much  of  what  had  been  so  zealously  urged  by 
the  senator  from  Missouri  (Mr.  Benton),  us  had 
not  been  touched  upon  by  the  chairman  of  the 
land  committee ;  and  did  so  in  an  elaborate 
speech  a  few  days  thereafter.  Mr.  Benton  did 
not  reply  to  either  of  the  senators ;  ho  believed 
that  tha  events  of  a  few  months  would  answer 
them,  and  the  v<Jte  being  immediately  taken, 
the  bill  was  passed  almost  unanimously — only 
five  dissenting  votes.    The  yeas  and  nays  were : 

Yeas — Jlessrs.  Black.  Brown,  Buchanan.Clay, 
Clayton,  Crittenden.  Cuthl)ert,  Dnno,  Davis, 
Ewiiig  of  Illinois,  Ewing  of  Ohio,  Fulton,  Grun- 
dy, Hendricks,  Hubbard,  Kent,  King  of  Alar 
bama.  King  of  Georgia,  Knight.  McKean,  Moore, 
Nicholas,  Nilei.,Norvell,  Page,  Parker,  Prentiss, 
Preston,  Rives,  Bobbins,  llobinson,  Sevier, 
Southard,  Swift,  Tallmadgo,  Tipton,  Tomlin80^ 
Walker,  Wall,  Webster,  White.— 41. 


70G 


TIIIKTY  YKAi:s'  VIKW. 


Navs — Afefsr".  Benton,  Linn  Morris.  Rng- 
plfs,  Wrifrht — 5. 

The  name  of  Mr.  Culhonn  is  not  in  either  list 
of  these  rotes.  lie  had  a  reason  for  not  votinp, 
wliioh  ho  exjirossod  to  the  Senate,  before  tlic 
vote  waa  taken ;  thus : 

"  lie  had  been  very  anxiotis  to  exjiross  liis 
opinions  somewhat  at  larfrc  tipon  tliis  sulyect. 
lie  put  no  faitli  in  this  measure  to  arrest  the 
downward  course  of  the  country.  lie  believed 
the  state  of  the  currency  was  almost  incurably 
bad,  so  that  it  was  very  doubtful  whether  the 
hif:hest  skill  and  wisdom  could  restore  it  to 
soundness ;  and  it  was  destined,  at  no  distant 
time,  to  undergo  an  entire  revolution.  An  ex- 
plosion he  considered  inevitable,  and  so  much 
the  greater,  the  longer  it  should  be  delayed. 
Mr.  0,  would  have  been  glad  to  go  over  the 
whole  subject ;  but  as  he  was  now  unprepared 
to  assign  his  reasons  for  the  vote  which  he 
might  give,  he  was  unwilling  to  vote  at  all." 

The  explosion  of  the  banks,  which  Mr.  Cal- 
houn considered  inevitable,  was  an  event  so  fully 
announced  by  its  "  shadow  coming  before," 
that  Mr.  Benton  was  astonished  that  so  many 
senators  could  be  blind  to  its  approach,  and 
willing,  by  law,  to  make  their  notes  receivable 
In  all  payments  to  the  federal  government.  The 
bill  went  to  the  House  of  Representatives,  where 
a  very  important  amendment  was  reported  from 
the  Committee  of  Ways  and  Means  to  which  the 
i)ill  had  been  referred,  intended  to  preserve  to  the 
Sceretary  of  the  Treasury  his  control  over  the 
rcoeivability  of  money  for  the  public  dues,  so  as 
to  enable  him  to  protect  the  constitutional  cur- 
rency and  reject  the  notes  of  banks  deemed  by 
him  to  be  unworthy  of  credit.  That  amend- 
ment was  in  these  words,  and  its  rejection  goes 
to  illustrate  the  character  of  the  bill  that  was 
passed: 

"  And  be  itfurtlicr  enacted,  That  no  part  of 
this  act  shall  be  construed  as  repealing  any  ex- 
isting law  relative  to  the  collection  of  the  reve- 
nue from  customs  or  public  lands  in  the  legal 
currency,  or  as  substituting  bank  notes  of  any 
description  as  a  lawful  currency  for  coin,  as  pro- 
vided in  the  constitution  of  the  United  States ; 
nor  to  deprive  the  Secretary  of  the  Treasury  of 
the  power  to  direct  the  collectors  or  receivers 
of  the  public  revenue,  whether  derived  from  du- 
ties, taxes,  debts,  or  sales  of  the  public  lands, 
not  to  receive  in  payment,  for  any  sum  due  to 
the  United  States,  the  notes  of  any  bank  or 
banks  which  the  said  Secretary  may  have  reason 
to  believe  imworthy  of  credit,  or  which  he  ap- 
{jrehends  may  be  compelled  to  suspend  specie 
Qayiueuts." 


Mr.  Cambreleng,  chairman  of  the  Conin, k 
of  Ways  and  Moans,  in  sujjport  of  tliisann-^ 
inent,  said  it  had  been  reported  ftjp  tlie  uS' 
of  preventing  a  misconstruction  of  tlio  liH  ^  ; 
came  from  the  Senate,  and  scciirinj:  tlie  imi/J 
revenue  from  serious  fraiids  ,  and  askcj  fin' 
yeas  and  nays.    The  amendment  was  citciri 
a  sustained  call  for  the  previous  question,  .u 
the  bill  passed  by  a  strong  vote — 1  Hi  (,, 
The  nays  were : 

Nays — Messrs.  Ash,  Barton,  Be.in,  Ileainr.o'iJ 
Black,  Bockee  Boyd,  Brown,  liurns,  (';i;i|i,J 
long.  Chancy,  Chapin,  Coles,  Cushman,  I),,];)  \\ 
day,  Drouigoole,  Efiier,  Fairfield,  rarlin,  p,!. 
Fuller,  Oaibraith,  J.  Hall,  Hamer,  Ilmvlin 
<}.  Harrison,  Hawes,  Holt,  Huntinfrtoii,  .Jarvj 
C.  Johnson,  B.  Jones,  Lansing.  J.  Lte,  I.winarJ 
Logan,  Loyall,  A.  Mann,  W.  Mason,  M.  ),\^A 
McKay,  McKcon,  McIiOan,  Page,  Parks.  F.  ritrr. 
Joseph  Reynolds,  Rogers,  Seymour,  Shinii,  Sio'j 
Ics,  Smith,  Taylor,  Thomas,  J.  Thomson,  fuj 
rill,  Vanderpoel,  Ward,  AVardwell — jj. 

It  was  near  the  end  of  the  session  liL-cre  tM 
bill  passed  the  House  of  Representative^. 
only  got  to  the  hands  of  the  President  in  tH 
afternoon  of  the  day  before  the  constitutioiu 
dissolution  of  the  Congress.  He  might  iiavc  [ 
tained  it  (for  want  of  the  ten  days  for  consiJiJ 
tion  which  the  constitution  allowed  him),  wii 
out  assigning  any  reason  to  Congress  for  so  i!| 
ing  5  but  he  chose  to  assign  a  reason  whi(| 
though  good  and  valid  in  itself,  may  have  ta 
helped  on  to  its  conclusions  by  the  evil  tendencij 
of  the  measure.  That  reason  wae  the  ambiguof 
and  equivocal  character  of  the  bill,  and  the  divi 
sity  of  interpretations  winch  might  be  plaol 
upon  its  provisions ;  and  was  contained  in  i 
following  message  to  the  Senate : 

"The  bill  from  the  Senate  entitled  'Am 
designating  and  limiting  the  funds  receivable^ 
the  revenues  of  the  United  States,  came  to  i 
hands  yesterday,  at  two  o'clock  P.  M.   On  \ 
rusing  it,  I  found  its  provisions  so  complex  a 
uncertain,  that  I  deemed  it  necessary  to  obd 
the  opinion  of  the  Attorney  General  of  the  l'| 
ted  States  on  several  important  questions,  touJ 
ing  its  construction  and  cflcct,  before  I  cj 
decide  on  the  disposition  to  be  made  of  it. 
Attorney  General  took  up  the  subject  immel 
ately,  and  his  reply  was  reported  to  me  IJ 
day,  at  five  o'clock  P.  M.    As  this  officer,  i 
a  careful  and  laborious  examination  of  the  t 
and  a  distinct  expression  of  his  opinion  on  1 
points  proposed  to  him,  still  came  (o  thee 
elusion  that  the  construction  of  the  bill,  sk 
it  become  a  law,  would  be  yet  a  subject  of  c 


ANNO  \>s?.<\.     A'ShWY.Vf  JACKSON.  lUFMItENT. 


707 


n?,  chainiian  of  the  Comm.tti^ 
pans,  in  suiiport.  of  this  amn!l 
I  been  reported  fur  the  juiq^,., 
miscfinstruction  of  the  hill  is 
Senate,  and  scctirinj:  the  \<\\\::■^ 
villus  fra<i<ls  ,  and  askc  1  f.ir  V, 

The  amendment  was  CMtoffl,j| 
for  the  jirevifius  qmstion ;  ar^ 

by  a  strong  vote— li:5  to 

rs.  Ash,  Barton,  15oan,  Y.vmvm 
Boyd,  Brown,  Burns,  (.'amlip 
uhapin.  Coles,  Cushnvin,  Ddu'li 
lo  Efner,  Fairfichl,  rarVin,  Fv 
vitk  J.  Hall,  llamer,  Uiu-.lin, . 
law-es.  Holt,  lluntin^rton.  Jarvi, 
i  Jones,  Lansinj?.  J.  l-fo.Lwmm 

,"a.  M 
on,McIiean 


ann,  "\V.  Mason,  M. 
jUan,  Page,  Parks,  F. 


ItrT'lwity  and  doubt  (a  view  of  the  bill  entiro- 
Itcoiiiii'lent  with  my  own),  and  as  I  cannot 

•hials  it  proiKT,  in  a  matter  of  such  interest  and 

L'-urh  ciin.>tiint  ajtplicjition,  to  approve  a  bill 

Ll'sWi!   to  diver.-iity  of  interpretations,   and 

I  „a' especially  as  I  have  not  had  time,  amid  the 

Ititics  t-onstantly  pressinj:  on  mo,  to  pivo  the  | 

Icwcct  that  dclilH'rate  consideration  which  its  j 

InpiirtaDCC  demands,  I  am  constrained  to  retain 

;t  bill,  without  wtingdeiinitively  thereon  ;  and 

^he  end  that  my  reasons  for  this  step  may 

,,  fuliv  understood,  I  siiall  cau.>e  this  paper, 

Irtli  the  opinion  of  the  Attorney  General,  anil 

Ivibill  in  question,  to  be  deposited  in  the  l>e- 

l^rtmcnt  of  State." 

Thus  the  firmness  of  the   President  again 
Lvi  the  country  from  an  immense  calamity, 
1  a  few  months  covered  him  with  tho 
iiu'lits  of  a  preserved  and  grateful  country. 


I 


3S 


r  the  end  of  the  session  hi-orc  t« 
he  House  of  Represcntativc^ 
the  hands  of  the  President  in  til 
the  day  before  the  constitutionj 
.f  the  Congress.   He  might  have  r 
■  want  of  the  ten  days  for  cor.sidoij 
he  constitution  allowed  him),  u 
g  any  reason  to  Congress  for  so  i 
chose  to  assign  a  reason  v;M 
and  valid  in  itself,  may  have  b 
its  conclusions  by  the  evil  tendoiici 
That  reason  wae  the  aml)iju( 
al  character  of  the  bill,  and  the  to 
pretations  wliich  might  he  [h 
visions;  and  was  contained m 

lessage  to  the  Senate: 

fromthe  Senate  entitled 'An 

and  limiting  the  funds  receive  !e^ 

.s  of  the  United  States  came  to, 

erday,  at  two  o'clock  P.M.   On 

found  its  provisions  so  complex 

that  I  deemed  it  necessary  to  obj 
tithe  Attorney  Generalof the 

on  several  important  ques  ions  to« 
.struction  and  effect,  before    M 
he  disposition  to  be  made  0  It, 
?entaltookupthesubjec« 
"his  reply  was  reported  to  mc  t| 
o'clock  P.M.    As  th  9  officer, 

inct  expression  of  his  opinion  on 
id?ohim,stiU(^meto^^^^^^^ 
ivt  the  construction  of  the  bi  1.8M 
alaw.wouldheyetasubjectot.^ 


CHAPTER     CLVI. 

elKIBUTION  OF  LANDS  AND  MONEV- 
rilOPOSlTIO.NS. 


-VARIOUS 


Ihe  spirit  of  distribution,  having  got  a  taste  of 
It  feast  in  the  insidious  deposit  bill  at  the  pre- 
(iing  session,  became  ungovernable  in  its  ap- 
ttite  for  it  at  this  session,  and  open  an(J  imdis- 
Hd  in  its  efforts  to  effect  its  objects.    Within 
!  first  week  of  the  meeting  of  Congress,  Mr. 
trccr,  a  representative  from  Virginia,  moved 
jiesolution  that  the  Committee  of  Ways  and 
jns  be  directed  to  bring  in  a  bill  to  release 
I  States  from  all  obligation  ever  to  return  the 
lidends  they  should  receive  under  the  so-called 
>it  act.  It  was  a  bold  movement,  considering 
;the  States  had  not  yet  received  a  dollar,  and 
it  it  was  addressed  to  tho  same  members, 
ling  in  the  same  chairs,  who  had  enacted  the 
asure  under  the  character  of  a  deposit,  to  be 
edly  returned  to  the  United  States  when- 
desired;   and  under  that  character  had 
^ed  over  to  tho  support  of  the  act  two  classes 
voters  who  could  not  otherwise  have  been 
lined;  namely,  those  who  condemned  the 
cy  of  distribution,  and  tho.se  who  denied  its 
^titutionality.     Mr.  Dunlap,  of  Tennessee, 
[Mr.  Mercer's  motion  at  tho  threshold — con- 
ined  it  as  an  open  conversion  of  deposit  into 
ibution — as  a  breach  of  the  condition  on 
ththe  deposit  was  obtained — as  unfit  to  be 


di.scus.<cd;  and  movod  th,Tt  it  t..-  laid  updu  die 
lahli — a  motion  that  pn<bnK's  ilisc'i.s-;ion,  aiitl 
linii;rs  on  an  iiimu'iliatc  vote.  Mr.  Merei-r  asked 
for  the  yeas  and  nays,  whidi  U'iti',;  taken  showi  l 
the  astonishing'  siuctjulfof  ^cvnity-threc  niein- 
Ijcrs  recordiii;;  their  naiiu'S  apiinst  the  nioti.i!i. 
Thevotewasl2(ito73.  Simultaneously  with  Mr. 
Mercer's  moveinfiit  in  the  Hou-h-  to  pull  ihcmaslc 
from  the  di'ixi.vit  bill,  and  reveal  it  in  its  tnio 
character,  was  Mr.  Chiy'-smovcuicnt  in  the  Siiiato 
to  revive  his  land-money  di.-itrihution  Mil.  to 
pive  it  immediate'  cflect,  and  continue  its  openi- 
tion  for  iho  year.s.  In  the  first  days  of  the 
.session  ho  pave  notice  of  his  intention  to  hrinj; 
in  his  bill ;  and  quickly  followed  up  his  notlcj 
with  its  acUial  introduction.  On  presentinj.'  the 
bill,  he  .said  it  was  due  to  tho  occasion  to  make 
some  explanation.^ :  and  thus  went  on  to  make 
them : 

"The  operation  of  the  bill  which  had  hereto- 
fore several  times  passed  the  Senate,  and  oi-.ce 
the  IIou.se,  conunenced  on  the  last  of  Deccniher, 
1822,  and  was  to  continue  five  years.     It  pro- 
vided for  a  distribution  of  the  nett  proceeds  of 
the  public  lands  during  that  period,  upon  well- 
known  principles.     But  the  dejwsit  act  fif  the 
la.st  session  had  disposed  of  so  large  a  part  of 
the  divisible  fund  under  the  land  bill,  that  he 
did  not  think  it  right,  in  the  present  et^ite  of  the 
treasury,  to  give  the  bill — which  he  was  about 
to  apply  for  leave  to  introduce — that  retro.-prc- 
tivo  character.      lie  had  accordingly,  in   t!;u 
draught  which  he  was  .going  to  submit,  made  the 
last  day  of  the  present  month  its  commence- 
ment, and  the  last  day  of  tlio  year  18 II  its  ter- 
mination.    If  it  should  pass,  therefore,  in  this 
shape,  tho  period  of  its  duration  will  be  tlw 
same  as  that  prescribed  in  the  fonner  bills. 
The  Senate  will  readily  comprehend  the  motive 
for  fixing  the  end  of  the  year  1841,  as  it  is  at 
that  time  that  the  biennial  reductions  of  ten 
per  cent,  upon  the  existing  duties  cease,  accord- 
ing to  the  act  of  tho  2d  March  1833,  commonly 
called  the  compromise  act,  and  a  i-eduction  of 
one  half  of  the  excess  beyond  twenty  per  cent. 
of  any  duty  then  remaining,  is  to  take  eti'ect. 
By  that  time,  a  fair  experiment  of  the  land  hill 
will  have  been  made,  and  Congress  am  then  de- 
termine whether  the  proceeds  of  the  national 
domain  shall  continue  to  be  equitably  divided, 
or  shall  be  applied  to  the  current  expenses  of 
the  government.    Tlie  bill  in  his  hand  assigns 
to  the  new  State  of  Arkansas  her  just  propor- 
tion of  the  fund,  and  grants  to  her  f)00,OuU  acrc-t 
of  land  as  proposed  to  other  States.    A  similar 
assignment  and  grant  are  not  made  to  Michi- 
gan, because  her  admission  into  the  Union  is  not 
yet  complete.      But  when  that  event  occurs, 
provision  is  made  by  which  that  State  will  re- 


i 

i- 

■6; 


708 


THIRTY  YEARS'  VIEW. 


ccive  its  fair  dividcml.  Ik'  had  restored,  in  this 
draught,  the  provi.-'ion  cmitaincd  in  the  ori(;inal 
lilan  for  the  distril)iitii)n  of  the  public  lands, 
which  he  had  presented  to  the  Senate,  by  which 
the  StateH,  in  the  aj)plication  of  the  fund,  ai-e 
rostricteil  to  the  great  objects  of  education,  in- 
ternal improvement,  and  colonization.  Such  a 
restriction  would,  lie  believed,  relieve  the  Legis- 
latures of  the  several  States  from  embarrassing 
controversies  about  the  disposition  of  the  fund, 
and  would  secure  the  application  of  what  wa.s 
common  in  its  origin,  to  common  benefits  in  its 
ultimate  destination.  But  it  was  scarcely  ne- 
cessary for  him  to  say  that  this  provision,  as 
well  as  the  fate  of  the  whole  bill,  depended  upon 
the  superior  wisdom  of  the  Senate  and  of  the 
House.  In  all  respects,  other  than  those  now 
particularly  menti<med,  the  bill  is  exactly  as  it 
passed  this  body  at  the  last  session." 

The  bill  was  referred  to  the  Committee  on 
Public  Lands,  consisting  of  Mr.  Walker  of 
Mississippi,  Mr.  Ewing  of  Ohio,  Mr.  King  of 
Alabama,  Mr.  Ruggles  of  Maine,  Mr.  Fulton  of 
Arkansas.  The  committee  returned  the  bill 
with  an  amendment,  proposing  to  strike  out  the 
entire  bill,  and  substitute  for  it  a  new  one,  to 
restrict  the  sale  of  the  lands  to  actual  settlers 
ia  limited  quantities.  In  the  course  of  the 
discussion  of  the  bill,  Mr.  Benton  offered  an 
amendment,. securing  to  any  head  of  a  family, 
any  j'oung  man  over  the  ago  of  eighteen,  and 
any  widow,  a  settlement  right  in  ICO  acres  at 
reduced  prices,  and  inhabitation  and  cultivation 
for  five  years :  which  amendment  was  lost  by  a 
close  vote — 18  to  20.    The  yeas  and  nays  were : 

Yeas — Messrs.  Benton,  Black,  Dana,  Ewing 
of  Illinois,  Fulton,  Hendricks,  King  of  Alabama, 
Linn,  Moore,  Morris,  Nicholas,  Rives,  Robin- 
son, Sevier,  Strange,  Tipton,  Walker,  White — 
18. 

Nays — Messrs.  Bayard,  Brown,  Calhoun, 
Clay,  Clayton,  Crittenden,  Davis,  Ewing  of 
Ohio,  Hubbard,  Kent,  King  of  Georgia,  Niles, 
Page,  Prentiss,  Bobbins,  Ruggles,  Swift,  Tall- 
madge,  AYright — 20. 

The  substitute  reported  by  the  committee  on 
public  lands,  after  an  extended  debate,  and  vari- 
ous motions  of  amendment,  was  put  to  the  vote, 
and  adopted — twenty-four  to  sixteen — the  yeas 
and  nays  being : 

YfcAs — Messrs.  Benton,  Black,  Brown,  Bu- 
chanan, Cuthbert,  Ewing  of  Illinois,  Fulton, 
Grundy,  Hendricks,  Hubbard,  King  of  Alaba- 
ma, Linn,  Lyon,  Moore,  Mouton,  Nicholas, 
Niles,  Norvell,  Page,  Rives,  Robinson,  Strange, 
Walker,  Wright— 24. 

Nays. — Messrs.  Bayard,  Calhoun,  Davis,  Ew- 


ing of  Ohio.  Kent,  King  of  Georgia,  Knii-b 
Prentiss,  Kobbins,  Sevier,  Sduthanl  ij^.r." 
Tomlinson,  Wall,  Webster,  Whito — Id,'    ""     " 

So  Mr.  Clay's  plan  of  a  five  years'  otRn  -liM-, 
bution  of  the  land  money  to  the  States,  in  addjt  „ 
to  the  actual  distribution,  under  tlie  (li.t,,,. 
mask,  was  now  defeated  in  the  Senate :  but  tii  i 
did  not  put  an  end  to  kindred  schemes.    Th' 
multiplied  in  different  forms;  and  continul 
to  vex  Congress  to  almost  the  last  day  of  ij 
existence.    Mr.  Calhoun  brought  a  plan  for  t'J 
cession  of  all  the  public  lands  to  tlio  Slates 
which  they  lay,  to  be  sold  by  them  on  graduatii 
prices,  extending  to  thirly-five  years,  on  eundil 
tion  that  the  States  should  take  the  cxpcnas  J 
the  land  .system  on  themselves,  and  j^v  thinj 
three  and  a  third  per  centum,  of  the  sales.  {„a 
federal  treasury.  Mr.  Benton  objected,  on  jui:  j 
pie,  to  any  complication  of  moneyed  or  prou  n 
transactions  between  the  States  and  tiie  kiA 
government,  leading,  as  they  inevitably  woslJ 
to  dissension  and  contention ;  and  endinj,  in  coj 
troversies  between  the  members  and  tlie  lnJ 
of  the  federal  goveniment :  and,  on  detail ; 
cause  the  graduation  was  extended  bejonjl 
period  when  the  new  States  woula  be  stroi 
enough  to  obtain  better  terms,  without  the  coi 
plication  of  a  contract,  and  the  condition  o9 
purchase.    Within  the  thirty-five  years,  tlJ 
would  be  three  new  apportionments  ofrtpl 
sentatives,  under  the  censuses  of  1840,  U 
and  18G0 — doubling  or  trebling  tho  new  Stat] 
representation  each  time ;    also  several 
States  admitted ;  so  that  they  would  be  strc 
enough  to  take  effectual  measures  for  thej 
tinction  of  the  federal  titles  within  the  Staj 
on  just  and  equitable  principles.    Mr.  Buchai 
openly  assailed  Mr.  Calhoun's  proposition  i 
bid  for  the  presidency ;  and  said : 

"  He  had  heard  a  great  deal  said  about  britj 
tho  people  with  their  own  money ;  argumJ 
of  that  kind  had  been  reiterated,  but  they  I 
never  had  much  effect  on  him.  But  speaa 
on  the  same  principles  on  which  this  had  u 
said,  and  without  intending  any  thing  per<a 
toward  the  honorable  senator  from  South  C| 
lina,  ho  would  say  this  was  the  most  spla 
bribe  that  had  ever  yet  been  offered.  It  d 
give  the  entire  public  domain  to  the  peopM 
the  new  States,  without  fee  or  reward,  ani 
the  single  condition  that  they  should  not  bJ 
all  the  land  into  market  at  once.  It  was! 
first  time  such  a  proposition  had  been  bni 
forward  for  legislation ;  and  he  solemnin 
tested  against  the  principle  that  Congrcsj] 


ANNO  ISJifl.     ANDRIW  JACKSON,  F'[U>II»KNT. 


709 


ent,  King  of  Goorcia.  Knis.;,!.. 
ins,  Sevier.  Soiithunl,  jjw.fj 
1,  Webster,  AVl<ilo—ir..  « 

plan  of  a  five  years'  open  'IL-tri 
id  money  to  the  Stales,  in  aildii,,; 
distribution,  under  tlie  (kf).]-,i 
defeated  in  the  Senate :  but  t!ii( 
end  to  kindred  schciiKs.    Th'; 
different  forms ;  and  cominut 
iS  to  almost  the  last  day  of  ii 
.  Calhoun  brought  a  plan  for  t!i 
;he  public  lands  to  the  Slatts  i, 
to  be  sold  by  them  on  jirailuaty 
ng  to  thirly-five  years,  on  cunt 
Hates  should  take  the  expend, « 
m  on  themselves,  and  j  ;iy  tliin, 
iird  per  centum,  of  the  sales,  hi  tlj 
ry,  Mr.  Benton  objected,  on  prit; 
mplication  of  moneyed  or  proi<. 
jctween  the  States  and  the  fwln 
leading,  as  they  inevitably  wocl 
and  contention ;  and  endin(:  in  co( 
;tw'een  the  members  and  tlie  lu- 
ll government :  and,  on  detail, 
raduation  was  extended  leyonil 
the  new  States  woula  be  stroi 
)tain  better  terms,  without  the  coi 
a  contract,  and  the  condition  ol 
Within  the  thirty-five  years,  tin 
iiree  new  apportionments  of  Kpi 
under  the  censuses  of  1840,  W 
ioublin'g  or  trebling  the  new  Stet 
on  each  time;   also  several 
tied ;  so  that  they  would  be  sti 
take  effectual  measures  for  the 
the  federal  titles  within  the  Stai 
equitable  principles.    iMr.Bucha 
died  Mr.  Calhoun's  proposition 
presidency;  and  said: 
I  heard  a  great  deal  said  about  brit 
■with  their  own  money;  argumt 
ttd  had  been  reiterated,  but  tliev 
much  effect  on  h™.    But  spca 
le  principles  on  which  this  had  I 
vithout  intending  any  thing  pen( 
3  honorable  senator  rom  South  li 
ouldsaythiswas  the  most  spe' 
had  ever  yet  been  offered.   lU^ 
ntire  public  domain  to  the  peop 
States,  without  fee  or  reward,  d 
condition  that  they  should  not  b 
,nd  into  market  at  once.    Itw^ 
such  a  proposition  had  been  broi 
™  legislation;  and  he  solemnly 
dust  the  principle  that  Cong.t» 


Mf  rieht,  in  equity  or  jn.<!tico,  to  give  what  l)c- 
iii-fd  to  the  entire  people  of  the  I'nion  to  the 
,,!,il)itflnt8  of  any  State  or  States  whatever. 
ifer  warmly  expressing  his  dissent  to  the 
imiT'lnient,  Mr.  H.  said  ho  liopod  it  would  not 
.((vivo  the  sanction  of  any  considerable  jiortion 
if  the  Senate." 

Mr.  Sevier  of  Arkansas,  said  it  might  be  very 
true  that  presidential  candidates  would  bid  deep 
(,r  the  favor  of  the  West ;  but  that  was  no  rea- 
jon  why  the  West  should  refuse  a  good  offer, 

I  then  made.  Deeming  this  a  good  one,  and 
beneficial  to  the  new  States,  he  was  for  taking 
Mr.  Linn,  of  Missouri,  objected  to  the  j)ropo- 

I  fition  of  Mr.  Calhoun,  as  an  amendment  to  the 
iill  in  favor  of  actual  settlers  (in  which  form  it 

Ini  offered),  because  it  would  be  the  occa.sion 
i  losing  both  measures ;  and  said : 

•  He  might  probably  vote  for  it  as  an  inde- 

Lndent  proposition,  but  could  not  as  it  now 

itowl.    He  had  set  out  with  the  determination 

1 10  vote  against  every  amendment  which  should 

k,  proposed,  as  the  bill  had  once  been  nearly 

licit  by  the  multiplication  of  them.     If  this 

limendment  should  be  received,  the  residue  of 

|t!io  session  would  be  taken  up  in  discussing  it, 

Imd  nothing  would  be  done  for  his  constituents. 

iHe  wanted  them  to  know  that  he  had  done  his 

latmost,  which  was  but  little,  to  carry  into  effect 

Itlieir  wishes,  and  to  secure  their  best  interests 

In  the  settlement  of  the  new  country.     He  was 

liLiious  to  obtain  the  passage  of  an  equitable 

Iftwinption  law,  which  should  secure  to  them 

Tleir  homes,  and  not  throw  the  country  into 

Itlie  hands  of  great  capitalists,  as  had  been  done 

1  the  case  of  the  Holland  Land  Company,  and 

lilias  retard  the  settlement  of  the  West.    As  to 

ihe  evasions  of  previous  pre-emption  laws,  of 

Jfliich  so  much  had  been  said,  he  believed  thej' 

pther  had  no  existence  in  Mis-souri,  or  had  been 

irotsly  exaggerated.    In  the  course  of  his  pro- 

issional  duty  (Mr.  Linn  is  a  physician,  in  large 

ladice),  he  had  occasion  to  become  extensively 

Iciiuainted  with  the  people  concerning  whom 

lese  things  had  been  assorted  (he  referred  to 

emigrants  who  had  setled  in  that  State, 

mder  the  pre-emption  law  of  1814),  and  he 

bid  say,  nothing  of  the  kind  had  fallen  under 

sobservation.    They  had  come  there,  in  most 

lies,  poor,  surrounded  by  all  the  evils  and 

feadvantages  of  emigration  to  a  new  country ; 

i  had  attended  many  of  them  in  sickness ;  and 

[could  truly  aver  that  they  were,  as  a  whole, 

best  and  most  upright  body  of  people  he 

1  ever  known. 

['Mr.  L.  said  he  was  a  practical  man,  though 
!  temperament  might  be  somewhat  warm.  He 
eked  to  things  which  were  attainable,  and  in 
)  near  prospect  of  being  obtained,  rather  than 
I  those  contingent  and  distant.    Here  was  a 


bill,  far  advanced  in  the  Spuate,  and,  as  he  h"p<>d 
on  the  eve  of  pa-.in!:.  lie  iMljeved  it  would 
secure  a  /rreat  pxHJ  to  his  con.>>tittiii,t-i ;  niid  be 
coidd  not  rnn^Mit  to  ri>k  that  liill  by  lu-ciptini: 
the  atnciidiiHiit  prnposed  by  tbe  setialur  from 
South  Carolina.  If  fhi>  hcn'itnr  fn)m  Arkan-^o-' 
would  let  this  po,  he  ini^rht  |io>sihly  find  that  it 
was  a  belter  thin.'  than  heenuld  ever  pt  nirain. 
He  w.inted  tliat  CdUL're-'s  should  so  re^rulate  the 
j)td)lic  lands,  and  so  arranjir  the  terms  <>n  whieli 
it  was  disposed  of.  as  to  furnish  in  the  West 
an  opportunity  for  poor  tnen  to  become  rich. 
and  every  worthy  and  industrious  man  pio.^- 
perous  and  happy." 

Mr.  Calhoun  fe'.t  himself  called  upon  to  ri-e 
in  defence  of  his  proposition,  and  in  viudicatioii 
of  his  own  motives  in  oU'eringit;  and  did  so, 
in  a  brief  speech,  saying : 

'•  AVhcn  the  Senate  had  entered  upon  the  pre- 
sent discussion,  he  had  h.id  little  thoujrht  of 
offering  a  proposition  like  this.  lie  had.  indeed, 
always  seen  that  there  was  a  period  coining 
when  this  government  must  cede  to  tiie  new 
States  the  possession  of  their  own  soil ;  but  he 
had  never  thought,  till  now,  that  period  was  so 
near.  What  he  had  seen  this  session,  however, 
and  especially  the  nature  and  character  of  the 
bill  which  W.1S  now  likely  to  pass,  had  fidly 
satisfied  him  that  the  time  had  arrived.  There 
were  at  present  eighteen  senators  from  the  new 
States.  In  four  years,  there  would  bo  six  more, 
which  would  make  twenty-four.  All.  therefore, 
must  see  that,  in  a  very  short  period,  those 
States  would  have  this  question  in  their  own 
hands.  And  it  had  been  openly  said  that  they 
ought  not  to  accept  of  the  present  proposition, 
because  they  would  soon  bo  able  to  get  better 
terms.  He  thought,  therefore,  that,  instead  of 
attempting  to  resist  any  longer  what  must 
eventually  happen,  it  would  bo  better  for  all 
concerned  that  Congress  should  yield  at  once  to 
the  force  of  circumstances,  and  cede  the  public 
domain.  His  objects  in  this  movement  were 
high  and  .solemn  objects.  He  wished  to  break 
down  the  vassalage  of  the  new  States.  He  de- 
sired that  this  government  should  cease  to  hold 
the  relation  of  a  landlord.  He  wished,  further, 
to  draw  this  great  fund  out  of  the  vortex  of  the 
presidential  contest,  with  which  it  had  openly 
been  announced  to  the  Senate  there  was  an 
avowed  design  to  connect  it.  He  thought  the 
country  had  been  sufficiently  agitated,  corrupt- 
ed, and  debased,  by  the  influence  of  that  con- 
test ;  and  he  wished  to  take  this  great  engine 
out  of  the  hands  of  power.  If  he  were  a  can- 
didate for  the  presidency,  he  would  wish  to 
leave  it  there.  He  wished  to  go  further :  ho 
sought  to  remove  the  immense  amount  of  jj.-i- 
tronage  connected  with  the  management  of  this 
domain — a  patronage  which  had  corrupted  both 
the  old  and  the  new  States  to  an  enormous  ex- 
tent.   He  sought  to  counteract  the  centralism, 


710 


TIJIUTY  YKAU.S'  VIKW 


which  was  the  ftrcat  danpcr  of  tliis  povcrnmcnt, 
iiii'l  thin!)y  to  jirfservt'  the  lilicrtiiM  of  the  poo- 
p'c  much  l')n;.'('r  than  woiilil  otherwise  Ik;  |)ossi- 
hU'.  As  to  wliat  was  to  lie  reeeived  for  thcfc 
hinds,  he  e.ired  iiothinj;  alKHit  it.  Ho  woiiM 
liave  consented  at  onee  to  yiehl  the  whole,  and 
withdraw  alto^iether  the  landlordKhip  ot  tlie 
(eiieru!  RO\ernnient  over  tiieni,  had  lie  not  be- 
lieved that  it  would  be  most  for  the  benelit  of 
the  new  States  themselves  that  it  should  con- 
tinue Bomewhut  longer.  These  were  the  views 
vhicli  had  induced  him  to  jtresent  the  amend- 
ment, lie  oU'erod  no  gilded  pill.  He  threw  in 
no  a])ple  of  discord.  He  was  no  bidder  for  popu- 
larity. He  prescribed  to  himself  a  more  hmnble 
aim,  which  was  simply  to  do  his  duty.  He 
sought  to  coimleract  the  corrupting  tendency 
of  tlie  existing  course  of  things.  He  sought  (o 
weaken  this  government  by  Ui testing  it  of  at 
least  a  part  of  the  immense  patroniige  it  wield- 
ed. He  held  that  every  great  landed  estate  re- 
quired a  local  administntion,  conducted  by  jjcr- 
Kons  more  intimately  arriuiiintcd  with  local  wants 
and  interests  than  the  members  of  a  central 
government  could  possibly  be.  H"  any  body 
asked  him  for  a  proof  of  tlie  truth  of  his  posi- 
tions, he  might  point  them  to  the  bill  now  be- 
fore the  Senate.  Such  were  the  s-mtimcnts, 
f-hortly  stated,  which  had  governed  l.im  on  this 
occasion.  He  had  done  his  duty,  ami  he  must 
leava  the  result  with  God  and  with  the  new 
States." 

Jlr.  Calhoun's  proposition  was  then  put  to 
the  vote,  and  almost  unanimously  rejected,  only 
six  senators  besides  lumself  voting  for  it ;  name- 
ly :  Messrs.  King  of  Georgia ;  Moore  of  Alaba- 
ma ;  Morris  of  Ohio ;  llobinson  of  Illinois ; 
Sevier  of  Arkansas ;  and  White  of  Tennessee. 
And  thus  a  third  project  of  distribution  (counl- 
ing  Mr.  Mercer's  motion  as  one),  at  this  ses- 
sion, had  misca?ried.  But  it  was  not  the  end. 
Mr.  Chilton  Allien,  representative  from  Ken- 
tucky, moved  a  -lirect  distribution  of  land  to  the 
old  States,  equal  in  amount  to  the  grants  which 
had  been  made  to  the  new  States.  Jlr.  Abijah 
Mann,  jr.,  of  New  York,  strikingly  exposed  the 
injustice  of  this  proposition,  in  a  few  brief  re- 
marks, saying : 

"  It  must  be  apparent,  by  this  time,  that  this 
proposition  was  neither  more  nor  less  than  a 
new  edition  of  the  old  and  exploded  idea  of  dis- 
tributing the  proceeds  of  the  sales  of  the  jniblic 
lands,  attempted  to  be  concealed  under  rubbish 
and  verbiage,  and  gilded  over  by  the  patriotic 
idea  of  applying  it  to  the  public  education.  Its 
paternity  is  suspicious,  and  its  hope  fallacious 
and  delusive.  The  j)reamble  to  this  resolution 
is  illusory  and  deceptive,  addressed  to  the  cupid- 
ity of  the  old  Staies  represented  on  this  floor. 
It  recites  the  grants  made  by  Congress  to  each 


of  the  new  States  of  the  public  lands  in  tli.». 
gn-gate,  without  specifying  the  motiv(>„rc.,' 
sideration  upon  which  they  were  ino'lc.    |- 
argument  is,  that  an  equal  quniifity  >]hm\,\  ,, 
granted  to  the  old  StatvS,  to  make  tliiin  n,.,, 
tively  cpial  sharers  in  the  publi';  lamN.    \,," 
■ir(sa>'  Mr,  .M.),  nothing  could  be  (livi.-("i  i^/, 
ilisingcnuous  and  deceptive.     ],ct  us  lo,,i;  ,|', ' 
brielly.    1'he  idea  is,  that  the  oM  Statea  irrani. 
these  lands  to  the  new  for  an  implied  cou>iij,., 
tion,  and  resulting  benelit  to  tin  iii.«elvi',s  •  iv 
it  was  a  sort  of  Iiulian  gift,  to  be  nfimi , 
with  increase.     Not  so,  sir,  at  all.    If  y\f_  y 
understood  the  motives  inducing  those  unm' 
they  were  paternal  on  the  part  of  the  old  .Siau- 
proceeding  upon  that  generous  and  nohlc  iiU;. 
ality  which  induces  a  wealthy  futiior  to  udviui, 
and   provide  fo'    his  children.      This  «•»,;  i] , 
moving  consideration,  though  he  (Mr,  M.)  «■]< 
aware  that  the  grants  in  aid  of  the  iin]iruv 
ments  of  the  new  State:?  and  tcrritorios  wc, 
ujion  consideration  of  advancing  the  silo  u;, 
improvement  of  the  remaining  lands  in  11,^., 
States  held  by  the  United  States." 

The  proposition  of  Mr.  Allen  was  dispose!  i,f 
by  amotion  to  lie  on  the  table, which  prcvail((l-.| 
one  hundred  and  fourteen  to  eighty-one  vou-F 
but  the  end  of  these  propositions  was  hot  v.|l 
Another  motion  to  divide  surpluses  wa.s  to  I 
made,  and  was  made  in  the  expiring  days  of ;!, 
sessio.i,  and  by  way  of  amendment  to  the  n-vl 
lar  fortification  bill.     Mr.  Bell,  of  'JenriesHif 
moved,  on  the  25th  of  February,  that  a  furtli 
deposit  of  all  the  public  monies  in  the  trtasuryl 
on  the  first  day  of  January,  1838,  above 
sum  of  five  millions  of  dollars,  should  be"dci» 
sited  "  with  the  States,  according  to  the  terms  of| 
the  "deposit"  bill  of  the  preceding  session:  .mj 
which  would  have  the  effect  of  making  a  .siconi 
"deposit"  after  the  completion  of  the  first onol 
The  argument  for  it  was  the  same  which  y. 
been  used  in  the  first  case ;  the  argument  again 
it  was  the  one  previously  used,  with  the  ad<Jij 
tion  of  the  objectionable  proceeding  of  springinJ 
such  a  proposition  at  the  end  of  the  sessiji 
and  as  an  amendment  to  a  defence  appropriatioi 
bill,  on  its  passage ;  to  which  it  was  utterly  i 
congruous,  and  must  defeat ;  as,  if  it  failed  I 
sink  the  bill  in  one  of  the  Houses,  it  must  ceij 
tainly  be  rejected  by  the  President,  who. 
was  now  Known,  would  not  be  cheated  .i«ij 
with  the  word  deposit.    It  was  also  opposed! 
an  act  of  supererogation,  as  nobody  could  i 
whether  there  would  be  any  surplus  a  vei 
hence ;  and  further,  it  was  opposed  as  an  act  il 
usurpation  and  an  encroachment  upon  the  iij 
thority  of  the  ensuing  Congress.    A  new  Coi 


ANNO  1830.     ANDHIIW  .lACKSO.V.  ITJISIHr.NT. 


711 


ts  of  the  public  lamlB  in  tli.-  ».- 
1,  s|)ocif)'inK  the  iiiutivi!  .,r  e, 

which  thvy  wiTf  m^h.    l; 
it  nil  equal  quniilify  AmM  i, 
)l(l  StatoH,  to  nmki!  tluin  ft..j,, 
svrH  in  the  jMihii';  lamlN    .\,, 
),  iiotliiii};  could  tie  (IivIm"!  i;, ,; 
1(1  (liToiitivo.     1,1't  us  li«,k  lit 
ca  is,  iliiit  the  <M  Statua  i:r;iiii.  || 
he  new  for  an  implied  coii>iil(.i  ■ 
iut;  lieuetit  to  thiin>elvfs ;  i',- 
of  Indian  f;;il't,  to  he  r(f;iii.i,,| 

Not  so,  Bir,  at  all.  If  Mi',  \|, 
•  niolrvcs  inducin,;;  those  ijnin'. 
nal  <in  the  part  of  the  old  Mau>; 
n  that  generouB  and  iiohlu  HIm. 
A1CC3  a  wealthy  father  to  udMini . 
r  his  children.  This  wiw  il,,,| 
eration,  though  he  (.Mr.M.)\vai 
B  giants  in  aid  of  the  iiiipi'ov' • 
new  State?  and  territoiiv's  \vi;,.. 
ution  of  advancing  the  sile  a;,  1 
of  the  remaining  lands  ii\  tlu ,. 

the  United  States." 

tion  of  Mr.  Allen  was  disposti if  j 
lie  on  the  table,  which  prcvailcil-l 
and  fourteen  to  eighty-one  vuti. 
f  these  propositions  was  not  y.tj 
on  to  divide  surplu-ses  was  to  1 
8  made  in  the  expiring  days  of  ;Li 
y  way  of  amendment  to  the  W'^A 
)n  bill.     Mr.  Boll,  of  'renncs-tij 
3  25  th  of  February,  that  a  furtlii 
the  public  monies  in  the  troasurjl 
day  of  January,  1838,  above  tl,< 
iUions  of  dollars,  should  be"']cf 
le  States,  according  to  the  terms 
'  bill  of  the  preceding  session ;  aiiij 
have  the  effect  of  making  a  sucoiiij 
;er  the  completion  of  the  first  ow 
it  for  it  was  the  same  which  h* 
the  first  case ;  the  argument  agaiixj 
le  previously  used,  with  the  addil 
yectionablc  proceeding  of  springiaj 
jsition  nt  the  end  of  the  sessi.il 
lendment  to  a  defence  appropriatio 
iissage ;  to  which  it  was  utterly  inl 
Dd  must  defeat ;  as,  if  it  failed  tl 

in  one  of  the  Houses,  it  must  kiJ 
yected  by  the  President,  who, 
own,  would  not  be  cheated  n"i| 
rd  deposit.  It  was  also  opposed ; 
ipererogation,  as  nobody  could  td 
;re  would  be  any  surplus  a  p 

further,  it  was  opposed  as  an  act  ( 
md  an  encroachment  upon  the  iij 
ho  ensuing  Congress.    A  new  Co 


I  ^t-,  «as  to  1)c  cli'ctc<l,  and  to  asseniblo  l)efi>rc 
,jat  time ;  the  present  Congress  would  expire 
^T gix  (lays  :  nn'I  it  was  argued  that  it  was  mi- 

ihcr  ri^'lit  nor  deci'iit  to  anticipate  their  siica's- 
L,r?,  and  do  what  they,  fresh  from  the  |)coplo, 
ini:ht  lift  do.     Mr.  Yell,  of  Arkansiis,  was  thu 

•nr.fipfil  speaker  ng.iinst  it ;  an/.  ,:aid : 

-I voted.  Mr.  Speaker,  against  the  ainond- 
Iticnt  priposcd  by  the  gi'ntknian  from  Tiii- 
;,>,.ie  (Mr.  liell),  because  I  am  of  opinion  that 
|;j;;l,ill,  if  i)assed,  and  sanctioned  by  the  I're- 
loioiit— and  I  trust  that  it  never  will  receive 
Ittecountcuance  of  that  distinguished  niiin  and 
liliistrioiis  statesman — will  at  once  establish  a 
jiv-teiu  demoralizing  and  corrupting  in  its  in- 
Ifcciict'S,  and  tend  to  the  destruction,  of  the 
Lvea'ignty  of  the  States,  and  render  them  de- 
Ipiant  suppliants  on  the  general  govcniment. 
Irds  measure  of  distribution,  since  it  has  been 
liliobby-horse  for  gentlemen  to  ride  on,  has  pre- 
Isented  an  anomalous  spectacle  !    The  time  yet 
Iklongs  to  the  history  of  this  Congress,  when 
jtcnorahle  gentlemen,  from  the  South  and  West, 
lure  daily  found  arraying  themselves  against 
hm  species  of  unn-jcessary  taxation,  boldly 
iwing  that  they  were  opjwsed  to  any  and  all 
luiiif  systems  which  would  yield  a  revenue  be- 
loud  the  actual  wants  and  demands  of  the  gov- 
limuicnt.    Such  was  their  language  but  a  few 
tctk-'i  or  months  ago ;  and,  in  proclaiming  it. 
Iky  strup:gled  hard  to  excel  each  other  in  zeal 
1  violence.    And  now,  sir,  what  is  the  spec- 
tic  we  behold  ?    A  system  of  distribution — 
lotiicr  and  a  specious  name  for  a  system  of 
^rkrij  has  been  started ;  the  hounds  are  in  full 
v;  and  the  same  honorable  and  patriotic  gen- 
littnen  i.ow  step  forward,  and,  at  the  w    ..h- 
W  of  'put  money  in  thy  purse;  aye,  put 
»ney  in  thy  purse,'  vote  for  the  distribution 
r  bribery  measure ;  the  effect  of  which  is  to  en- 
kil  on  this  country  a  system  of  taxation  and 
Vpression,  which  has  had  no  parallel  since  the 
fvs  of  the  tea  and  ten-penny  tax — two  frightful 
iires  of  discord,  which  roused  enfeebled 
[ilonies  to  rebellion,  and  led  to  the  foundation 
f  this  mighty  republic.    But  we  are  told,  Mr. 
aker,  that  this  proposed  distribution  is  only 
r  momentary  duration ;  that  it  is  necessary  to 
Jlieve  the  Treasury  of  a  redundant  income,  and 
ut  it  will  speedily  be  discontinued !    Indeed, 
Jr!  What  evidence  have  we  of  the  fact  ?  What 
lidence  do  we  require  to  disprove  the  assertion  ? 
lis  schem(;  was  commenced  the  last  session  ; 
I  has  been  introduced  at  this ;  and  let  me  tell 
1,  Mr.  Speaker,  it  never  will  be  abandoned  so 
b  as  the  high  tariff  party  can  wheedle  the 
Wie  with  a  siren  lullaby,  and  cheat  them  out 
Itheir  rights,  by  dazzling  the  vision  with  gold, 
i  deluding  the  fancy  by  ihe  attributes  of  so- 
L'try.     Depend  upon  it,  sir,  if  this  baleful 
kteni  of  distribution  be  not  nipped  in  the  buJ, 
ViU  betray  the  people  into  submission  by  a 
cics  of  tuxatiou  which  no  nation  on  earth 


shduM  <ndun\    Sir,  c(>nfinur<J  Mr.  Y^  I  ent^r 

niy  protest  against  ;i  systtin  of  biiivaiii  niid  cor- 
niiiti..n,  which  i-t  to  be  twivuted  \>y  imrtif".  of 
ditHrciit  p(.liti.-;»I  ii>tn|ilcxi.ins.  for  tip'  |iiiri>ovn 
of  (lividin;:  the  .vy  r.;7.v  which  thevhavf  |iliiiil(i-c.| 
from  the  \)v«iU:  If  tlic  salcsof  the  pu'dic  IiukU 
nie  to  Ih.'  CDiitinui'd  fm-  tin-  lit'iidit  of  llic  si^mh- 
hitors  u!i<)  go  to  (he  West  in  imiltitu.Iis  f.r  t'  a 
piirpo,se  of  t<L'iilhj  .stnilinw  the  lands  and  iiii- 
provenienfs  of  tliu  people  of  the  ,  ew  States,  I 
hope  iny  constituents  may  know  wh<)  it  is  tint 
thus  inipo.ses  upon  them  "a  system  oi'  liL-dlizm' 
fraitfl  iinil  niipri'-initin.  1.*",  sir,  my  consiituents 
are  to  be  saciiliced  by  tlie mainteiiance  ofn  sys- 
tem of  persecution,  got  up  and  carried  on  for  the 
purpii-^r  ((f  filling  till"  jiockets  of  (illuis  to  their 
ruin,  I  wish  tliein  to  know  who  is  the  author  of 
tlie  enormity.  1  had  hojied.  Mr.  Speiikci-,  and 
that  hope  has  not  yet  been  abandoned,  that  if 
ever  this  branch  of  the  government  is  lii'iit  on 
the  destruction  of  the  rights  of  the  people,  ami 
a  viohiti(m  of  the  Constitution,  there  is  yet  ono 
ordeal  for  it  to  pass  where  it  may  bo  shorn  of 
its  baneful  aspec  And,  Jlr.  Speaker,  1  trust 
in  God  that,  in  its  passage  through  that  onlcni, 
it  will  find  a  qniitiis." 

Mr.  Bell's  motion  succeeded.  The  socotki 
'•deposit"  act,  ))y  a  vote  of  112  to  70,  was  en- 
grafted on  the  appropriation  bill  for  completing 
and  constructing  fortifications;  and,  thus  loaded, 
that  bill  went  to  the  Senate.  Being  refera-d  to 
the  Committee  on  Finance,  that  committee  direct- 
ed their  chairman,  Mr.  Wright  of  New- York,  to 
move  to  strike  it  out.  The  motion  was  resisted 
by  Mr.  Calhoun,  Mr.  Clay,  Mr.  AYebster,  Mr. 
White  of  Tennessee,  Mr.  Ewing  of  Ohio.  Crit- 
tenden, Prcston,  Southard,  and  Clayton;  and 
supported  by  Messrs.  "Wright,  Benton,  Bedford 
Brown,  Buchanan,  Grundy,Niles  of  Connecticut, 
Hives,  Strange  of  North  Carolina:  and  being 
put  to  the  vote,  the  motion  was  carried,  and  the 
"  deposit "  clause  struck  from  the  bill  by  a  vote 
of  20  to  19.    The  yeas  and  naj's  were : 

"Yeas— Messrs.  Benton,  Black,  Brown,  Cuth- 
bert,  Ewing  of  Illinois,  Fulton,  Grundy,  Hub- 
bartl.  King  of  Alabama,  King  of  Georgia,  Linn, 
Lyon,  Nicholas,  Niles,  Norvell,  Page,  Parker, 
Rives,  Buggies,  Sevier,  Strange,  Tallinadge, 
Walker,  Wall,  Wright— 20. 

"Nays — Messrs.  Bayard,  Calhoun,  Clayton, 
Crittenden,  Davis,  Ewing  of  Ohio,  Ilendricks, 
Kent,  Knight,  Moore,  Prentiss,  Preston,  Rob- 
bins,  Southard,  Spence,  Swift,  Tomlinson,  Web- 
ster, White— 19." 

Being  returned  to  the  House,  a  motion  was 
made  to  disagree  to  the  Senate's  amendment, 
and  argued  with  great  warmth  on  each  side,  the 
opponents  to  the  "deposit"  reminding  its  friends 


h 


mm 


tl 


712 


TIIIRTV  YKARS*  VIEW. 


of  tlio  loss  of  a  previous  appropriatifin  bill  for 
fortifications  ;  and  warninR  them  that  their  per- 
severance must  now  have  the  fame  effect,  and 
opevate  a  sacrifice  of  defence  to  the  spirit  of  dis- 
tribution :  but  all  in  vain.     The  Kjodon  tc  di^- 
a;^ree  wa»  carried — 110  to  94.      ilie  disj.uteil 
clause  then  went  through  all  ilv  parlitiiK'ntarj' 
forms  known  to  the  occasion,     'f'iio  S  .i.i:«  "in- 
sisted "on  itsarncndnif  1  t :  amotion  to'T-r- de" 
was  made -i.nd  lost  in  iho  IIohl-.  a  ni-jv.on  V> 
"adhere"  wn-  iuado,  an  i  prcvai'i  li :   then  the 
Senate  "adiK-n-!  ":  then  a  commit loe  of  "con- 
feronco"  wa-s  ,'i;i)H.iinted,  and  ttioy  "  di.'^agrced." 
This  being  reported  to  the  Houses,  liir  bill  fell— 
thn fortification appropr!,itions  '..cpe  lost:  nnu  ;a  , 
this  'lirect  issue  botwucn  tiio  plunder  of  the  j 
country,  and  the  defence  of  l:e  counf  vy,  del'      -  i 
wns  beaten.    Such  was  iho  deplorable  progress 
which  the  spirit  of  distribution  had  made. 


CHAPTER    OLVII. 

MILITAUY  ACADEMY:  1Tb  lUDIXG-IIOJSE. 

The  annual  appropriation  bill  f  >r  the  support  of 
this  Academy  contained  a  clau.'o  for  the  purchase 
of  forty  horses,  "  for  instruction  in  light  artil- 
lery and  cavalry  exercise  ;"  and  proposed  ten 
thousand  dollars  for  the  purpose.  This  purchase 
wa.s  opposed,  and  the  clause  strirken  out.  The 
bill  also  contained  a  clause  proposing  thirty 
thousand  dollars,  in  addition  to  the  amount 
theretofore  appropriated,  for  the  erection  of  a 
building  for  "recitation  and  military  exercises," 
as  the  clause  exprcssed  itself.  It  was  under- 
stood to  be  for  the  riding-house  in  bad  weather. 
Mr.  McKay,  of  North  Carolina,  moved  to  strike 
out  the  clause,  upon  tie  ground  that  military  men 
ought  to  be  inured  to  hardship,  not  pampered 
in  effeminacy ;  and  that,  as  war  was  carried  on 
in  the  field,  so  young  ofHccrs  should  be  learned 
to  ride  in  the  open  air,  and  on  rough  ground, 
,ind  to  be  afraid  of  no  weather.  The  clause  was 
stricken  out,  but  restored  upon  re-consideration; 
in  opposition  to  which  Mr.  Smith,  of  Maine,  was 
cho  principal  speaker ;  and  said : 

'•  I  beg  leave  to  call  the  attention  of  the  com- 
mittee to  the  paragraph  of  this  bill  proposed  to 
be  stricken  out.  It  is  an  appropriation  of  thirty 
thousand  dollars,  in  addition  to  the  amount  al- 
ready appropriated,  for  the  erection  of  a  build- 
ins  within  which  to  exercise  and  drill  the  cadets 


ttt  ■West  Point.  The  gentleman  from  T.  im. 
vania  [Mr.  InporsollJ  who  reported  this  l„i|  ]; 
,  who  never  enii'tiges  lumself  in  any  sutijc ;  ,jj. 
out  making  hiniself  entire  master  of  all  it<\,, 
;  will  do  the  committee  the  justiee^  I  tni!^i 
inform  tliem,  when  he  shall  next  takf  tdf  <i 
what  the  .imount  heretofore  njipropriatcil  r, 
(ilia  >Mi<ie  building,  in  which  to  exercise  thoi 
det.'',  iu'ually  has  Ix'en  ;  that,  if  we  (!i'pi,|i.  ^ 
the  {>y>  (  riety  of  having  such  abuiMin?  Wfin, 
n1s('  k-A  ■.  •  how  much  we  have  heretofure  tnk 
"rorn  ■:  public  Treasury  for  its  ercrtjim'ji; 
*ov,  liut  sum  the  thirty  thousand  dollar-,  rui 
propos('(i  will  Iw  an  addition. 

"  The  honorable  gentleman  from  Xe\v-Y(,> 
pir.  Cam! ireleng]  says  this  proposedhuiM,; 
IS  to  pr  'feet  the  cadets  during  the  inolointni 
o(    he  w'  Iter  season,  when  the  snow  is  fioim,,.' 
VM  six  feet  deep ;  and  has  urged  upon  the  (r,|,i 
iiuHcc  the  extreme  hardship  of  reqiiiriiii; 
cid'.  t-J  to  perform  their  exercises  in  the  o]Knaii 
in  sui;}i  an  inclement  and  cold  region  as  tliii 
where  AV'est  Point  is  situated.    Sir,  if  the  "^ 
tlenian  would  extend  his  inquiries  somowiia 
further  North  or  East,  he  would  find  tliat  ai 
points  where  the  winters  are  still  more  inciir 
ent  than  at  West  Point,  and  whore  the  ^nm 
lies  for  months  in  succession  from  two  ti-  ti;h 
feet  deep,  a  very  largo  and  useful  and  respectahii 
portion  of  the  citizens  not  only  incur  the  snow 
and  storms  of  winter  bj' day  without  workslicj 
or  buildings  to  jirotcct  them,  but  actually  purfiJ 
the  business  of  months  amid  such  snows  an| 
storms,  without  a  roof,  or  board,  or  so  much  a 
a  shingle  to  cover  and  protect  them  by  eithd 
day  or  night,  and  do  not  dream  of  muinmriiiJ 
But,  forsooth,  the  3'oung  cadet  at  West  Poin| 
who  goes  there  to  acquire  an  education  for  him 
self,  who  is  clothed  and  fed,  and  even  paid  fa| 
his  time,  by  the  government  while  acquirini;  j 
education,  cannot  endure  the  atmosi)hcre 
West  Point,  without  a  magnificent  building ti 
shield  him  during  the  few  hours  in  the  wwi 
while  in  the  act  of  being  drilled,  as  part  of  1 
education !    The  government  is  called  upon  i| 
appropriate  thirty  thousand  dollars,  in  additi 
to  what  has  already  been  appropriated  for  til 
purpose,  to  protect  the  j'oung  cadet,  who  is  pn 
paring  to  be  a  soldier,  against  this  temponii 
and  yet  most  salutary  exposure,  as  I  estitm  i| 
Sir,  is  Congress  prepared  thus  to  pamper  tJ 
effeminacy  of  these  young  gentlemen,  at  su 
an  expense,  too,  upon  the  public  Treasury? 
it  not  enough  to  educate  them  for  nothlufr.  i 
to  pay  them  for  their  time  while  you  are  tdua 
ing  them,  and  that  you  provide  for  their  comfoi 
able  subsistence,  comfortable  lodgings,  and  i 
the  ordinary  comforts,  not  to  say  numm 
luxuries  of  life,  without  attempting  to  keepthej 
for  ever  within  doors,  to  be  raised  like  childreii 
I  am  opposed  to  it ;  and  I  think,  whenever  i 
people  of  this  nation  shall  be  made  acquaint^ 
with  the  fact,  they  too  will  be  opposed  to  it 
"  The  gentleman  from  New- York  says  thea 
posure  of  the  cadets  is  very  great  and  1 


ANNO  183rt.     ANDREW  JACKSON',  TiviyiltKNT. 


'13 


Tlio  pentlcman  from  rtim.vl 
crHoll]  who  n'portcd  tliis  tnH  ,,, 
ifTCH  himself  in  any  siitiicrt  \ti; 
nsclf  entire  masUT  of  all  its  pur-, 
^mmittoe  the  justice,  I  tni^t,  t< 
rhen  he  shnll  next  take  the  fl„ 
lint  heretofore  appropriatcil  fi, 
linfi,  in  which  to  extn'isy  ti.(. ,. 
ins  l)een  ;  that,  if  we  (kri.k. 
)f  havinp  such  ahniMinc,  we  nwj 
r  nuich  we  have  heretofure  tiikii 
ic  Treasury  for  its  crcrti.m.  anij 
tho  thirty'thousanil  ilollai-i  noj 
Im!  an  addition. 

able  pentlcman  from  Now-Yi.r 
-■np]  says  this  propoHcl  hiiiMi;,i 
he  cadets  durinp  the  incleiiuiKj. 
reason,  when  the  snow  is  fiom  twJ 
p ;  and  has  urpcd  upon  tlie  mu 
ctrcme  hardship  of  rcf|uirinf:  tht 
)rm  their  exercises  in  the  ojkii  sil 
clement  and  cold  repion  as  tha| 
'oint  is  situated.    Sir,  if  the  ^rcni 
I  extend  his  inquiries  pomuwliaj 
h  or  East,  he  would  find  that  a| 
tho  winters  are  still  move  inckw] 
iVcst  Point,  and  where  tlic  mi'i 
IS  in  succession  from  two  ti.  ei;L 
;ry  large  and  useful  and  respcctabij 
e  citizens  not  only  incur  the  snow^ 
f  winter  by  day  without  workshori 
,0  protect  them,  but  actually  pursiij 
of  months  anud  such  snows  anl 
3ut  a  roof,  or  board,  or  so  much  l 
jover  and  protect  them  byeithj 
and  do  not  dream  of  mnimiirini 
the  young  cadet  at  West  Poiil 
s're  to  acquire  an  education  for  hinf 
'lothed  and  fed,  and  even  vaidL 
the  government  while  acquiring  IJ 
annot  endure  the  atmosphcrc  tJ 
without  a  magnificent  buiWingi 
uring  the  few  hours  in  the  mi 
act  of  being  drilled,  as  part  of  hi 
The  government  is  called  upon  i| 
thirty  thousand  dollars,  in  ndJitr 
already  been  appropriated  for  t!i 
protect  the  young  cadet,  who  is  pr# 
,  a  soldier,  against  this  temrorar 
t  salutary  exposure,  as  I  esteem  i 
ress  prepared  thus  to  pamper  t» 
of  these  young  gentlemen,  at  suH 
too,  upon  the  public  Treasury? 
h  to  educate  them  for  nothiufj 
for  their  time  while  you  arc  educi 
id  that  you  provide  for  their  con^uri 
tence,  comfortable  lodgings,  and  i 
y  comforts,  not  to  eay  numeroj 
ife.  without  attempting  to  keepth^ 
bin  doors,  to  be  raised  like  diiW 
cd  to  it ;  and  I  think,  whenever  tl 
lis  nation  shall  be  made  acquaint 
:t  they  too  will  be  opposed  to  it 
itieman  from  New-York  says  the  e 
the  cadets  is  very  great  and  t* 


Lore  "•'"''  ''"*•'"'•  •^^''y  """^  required  to  por- 1 

l^funip  duties  for  three  inoiith'^  in  the  year. 

i.stnio,  t'ir.  that  the  law  of  Conpress  impowii 

U*  nviiitliK'  cainj)  duty  upon  the  cadet.     Hut 

'  iiune  tender  s|)irit  of  pimrdianship  which  has 

|^«^tcil  the  cxjR'diency  of  lionsing  tho  cadetH 

n  the  atmosphere  while  peifonning  their  drill 

l^jjijiand  exercise.''  has  in  some  way  construed 

Ltav  one  thinl  of  tlie  law  of  Conpress  ujion  this 

u,,(t ;  and,  instead  of  three  months'  camp  duty, 

ithc  law  requires,  the  cadets  are  required,  by  the 

I'ts  and  repidations  of  tho  institution,  to  camp 

jtonlv  two  months  of  the  year;  and  for  this 

rri(.5e.  sir,  every  species  of  camp  utensils  and 

',  f'lniittire  that  povcmmcnt  money  can  pur- 

IjiiK;  is  jirovidcd  for  them;  and  this  same  duty, 

to,  pictured  forth  here  by  the  pentleinan  from 

Lr-Voik  as  a  severe  hardship,  is  in  fact  so  tern- 

\tv\io  the  cadets  as  to  become  a  mere  luxury — a 

B;ur(if  absolute  preference  among  tho  cadets. 

[jitentUinan  from  New- York  will  find,  by  the 

and    regulations  of   the  Academy,  the 

ijth;;  of  July  and  August,  or  of  August  and 

fvmber,  are  selected  for  this  camp  duty: 

>ons  of  the  year,  sir,  when  it  is  absolutuly 

[laxiiry  and  privilege  for  the  cadets  to  leave 

jeir  close  quarters  and  confined  rooms,  to  per- 

jm  duty  out  door,  and  to  spend  the  nights  in 

Itir  well-furnished  camps.     Sir,  the  hardships 

tj  exposures  of  the  cadets  arc  nothing  com- 

1  with  those  of  tho  pcnerality  of  our  fellow- 

jzcns  in  the  North,  in  their  ordinary  pursuits ; 

i  vet  we  aie  called  upon  to  add  to  their  luxu- 

ij-two  hundred  and  fifty  dollar  horses  to 

,  fplcndid  camp  equipage  to  protect  them 

I  the  dews  and  damp  air  of  summer,  and 

hfnificcnt  buildings  to  shield  them  in  their 

inter  exercises.    I  think  it  is  high  time  for 

cress,  and  for  tho  people  of  this  nation,  to 

k  seriously  upon  these  matters,  and  to  in- 

|irc  with  somewhat  of  particularity  into  the 

meter  of  this  institution. 

I'Biit  the  honorable  gentleman  from  Pennsyl- 

(Mr.  Ingersoll),  has  volunteered  to  put 

liroimtation  of  the  West  Point  Academy  for 

rality  in  issue  at  this  time,  and  sets  it  out  in 

Lent  description,  as  pre-  eminently  pure  and 

mroacliablc  in  this  respect. 

pir,  doe?  not  the  honorable  gentleman  know 

« the  history  of  this  institution,  within  a  few 

Lrs  back  only,  bears  quite  diflerent  testimony 

■n  this  subject  7    Does  not  the  gentleman 

m  the  fact — a  fact  well  substantiated  by  the 

lister  of  Debates  in  your  library — that  only 

years  since  the  government  was  forced 

D  the  necessity  of  purchasing  up,  at  an  ex- 

b  of  ten  thousand  dollars,  a  neighboring 

fcm  stand,  as  the  only  means  of  saving  the 

itution  from  being  overwhelmed  and  ruined 

jthe  gross  immoralities  of  the  cadets  1    Is  not 

I  ^ntletnan  aware  that  tho  whole  argument 

1  to  force  and  justify  the  government  into 

[purchase  was,  that  the  moral  power  of  the 

idemy  was  unequal  to  the  counter  influences 

Ihe  ucighboring  tavern  ?    And  are  wo  to  be 


told,  sir,  that  thix  in«titiition  staiid-i  firth  in  iti 
history  prr-ciiiiueiilly  pMie,  and  almv)  coiii- 
parisoii  with  the  institutiont  tli.it  cxi-t  upon 
the  private  enterprise  and  imitulirenn',  and 
thirst  for  kunwlcd^'i',  tliiit  cliarai'tfri/.e  our 
coiinfrynien  ?  I  nmkc  th  '^e  siip'^csti'iix.  ami 
allude  to  theM-  fiefs,  not  vohntarily,  and  from 
a  wish  to  create  a  diseiission  upon  either  the 
merits  op  diiiurits  of  the  A<a-!einv.  When  I 
made  the  proportion  to  strike  fnun  this  Mil 
the  ten  thousand  dollnrs  proiKised  to  tie  appro- 
priated for  the  piireliuse  of  horses,  I  luillier  iii- 
tiiled  nor  desired  to  enter  into  ii  diseii-sjon  of 
the  institution.  I  have  not  now  spoken,  except 
upon  the  iiiipuKe  pivcn  by  the  remarks  of 
tho  p.>ntlenu'n  from  New-York  and  I'ensyl- 
vania  ;  and  now,  instead  of  poinp  into  the  faits 
that  do  exist  in  rehition  to  the  Acudeniy,  I  can 
assure  pentlemen  that  I  have  but  scarcely  ap- 
proached them.  I  hiivo  been  willinp,  ami  am 
now  willinp.  to  have  these  facts  broiipht  to  light 
at  another  time,  and  uiioij  a  projier  occasion 
that  will  occur  hereafter,  and  leave  the  jieoplo 
of  this  nation  to  judpe  of  them  dispassionately. 
A  report  upon  tho  subject  of  this  institution 
will  be  made  shortly,  ns  the  lionorable  pentle- 
man  from  Kentucky  (.Mr.  Ilawes)  has  assured 
the  house.  From  that  report,  all  will  be  able  to 
form  nn  opinion  as  to  the  policy  of  the  institu- 
tion in  its  present  shape  and  under  its  present 
discipline.  That  some  grave  objections  exist  to 
both  its  shajx;  and  discipline,  I  think  all  will 
apree.  But  I  wi.sh  not  to  discuss  either  at  this 
time.  Let  us  know,  however,  and  let  the  coun- 
try know,  something  about  the  expensive  build- 
ings now  in  progress  at  "West  Point,  before  wo 
conclude  to  add  this  further  appropriation  of 
thirty  thousand  dollars  to  tho  expenses  of  tho 
institution ;  and,  while  I  am  up,  I  will  call  tho 
attention  of  tho  honorable  gentleman  who  re- 
ported this  bill  to  another  item  in  it,  which 
embraces  forage  for  horses  among  otlicr  matters, 
and  I  wish  him  to  specify  to  the  committee  what 
proportion  of  the  sum  of  over  thirteen  thousand 
dollars  contained  in  this  item,  is  based  upon  tho 
supposed  supply  of  forage.  We  have  stricken  out 
the  appropriation  for  purchasing  horses,  and  ano- 
ther part  of  tho  bill  provides  forage  for  the  of- 
ficers' horses ;  hence  a  portion  of  the  item  now 
adverted  to  should  probably  be  stricken  out." 

The  debate  became  spirited  and  disciusivo, 
grave  and  gay,  and  gave  rise  to  some  ridiculous 
suggestions,  as  that  if  it  was  necessary  to  pro- 
tect these  young  officers  from  bad  weather  when 
exercising  on  horseback,  it  ought  to  be  done  in 
no  greater  degree  than  young  women  are  pro- 
tected in  like  circumstances — parasols  for  the 
sun,  umbrellas  for  rain,  and  pelisses  for  cold : 
which  it  was  insisted  would  be  a  great  economy. 
On  the  other  hand  it  was  insisted  that  riding- 
houses  were  appurtenant  to  the  military  colleges 
of  Europe,  and  that  fine  riders  were  trained  in 


714 


TIIIIITV  YEARS'  VIKW. 


tlifso  BfliDol.i.    T lie  S''f,<>00,  in  addition  to  pre- 
vious njiiiropriations  for  tliu  wiint'  piiqioso,  wiw 
pranti'il ;  but  lia-t  bwn  found  to  Ikj  insufticicnt ; 
mid  11  lalo  Iioiird  of  Visitors,  following  the  luad 
of  the   SuptTintendi-nt  of  the  Academy,  and 
powerfully  backed  by  the  >Vnr  Ollice,  at  Wash- 
iii;;ton  City,  has  earnestly  recommended  a  fur- 
ih.r  additional  apiiropriation  of  .*fi!O,O0O,  Htill 
further  to  improve  the  ridiufj-honse ;  on  the 
ground  that,  "the  room  now  iiscd  for  the  pur- 
pose is  extremely  dan^^crous  to  the  lives  and 
limbs  of  the  codets."    This  further  accommoda- 
tion is  decm^-d  indifpensablc  to  the  proper  teach- 
ing of  the  art  of  "equitation:"  that  is  to  say, 
to  the  art  of  riding;  on  the  back  of  a  horse ;  and 
the  Visitors  recommend  this  accommodation  to 
Congress,  in  the  following  pathetic  terms:  "The 
attention  of  the  committee  has  been  drawn  to 
the  consideration  of  the  expediency  of  erecting 
a  new  building  for  cavalry  exercise.    "VV'e  are 
awaro  that  the  subject  has  been  before  Con- 
gress, upon  the  recommendation  of  former  boards 
of  Visitors,  and  wc  cannot  add  to  the  force  of 
the  arguments  made  use  of  by  them,  in  favor 
of  tl>o  measure.    ^Yo  would  regret  to  bo  com- 
pelled to  believe  that  there  is  a  greater  indifibr- 
cnce  to  the  safety  of  human  life  and  limb  in 
this  country  than  in  most  others.    It  is  enough 
for  us  to  say  that,  in  the  opinion  of  the  Super- 
intendent, the  course  of  equitation  cannot  bo 
properly  taught  without  it,  '  and  that  the  room 
now  used  for  the  purpose  is  extremely  danger- 
ous to  the  lives  and  limbs  of  the  cadets.'    In 
this  opinion,  wc  pntirely  concur      The  appro- 
priation i-equired  for  the  erection  of  such  a 
building  will  amount  to  some  $20,000.    We  can 
hardly  excuse  ourselves,  if  we  neglect  to  bring 
this  subject,  so  far  as  we  are  able  to  do  so,  most 
emphatically  to  the  notice  of  those  who  have 
the  power,  and,  we  doubt  not,  the  disposition 
also,  to  remove  the  evil." 


that  what  upon  the  record  is  atnx  nfal/i.iit  i 
I  per  centum,  is  in  the  reality  a  la.x  (,f -jio 


CHAPTER   CLVIII. 

SALT  TAX:    MK.  BENTON'S  FOUETII  SPEECH 
AGAINST  IT. 

The  amount  which  this  tax  brings  into  the 
treasury  is  about  000,000  dollars,  and  that  upon 
an  article  costing  about  650,000  dollars;  and 
one-half  of  the  tax  received  goes  to  the  fishing 
wunties  and  allowances  founded  upon  it.    So 


cent\un ;  and  that  ujon  an  nrtidu  {,{ i.pj,,,,, 
ccBsity  and  universal  usi-,  while  we  liuvearii 
of  luxury  and  sujierfluity — wines,  silks— iji, 
free  of  tax,  or  nominally  taxed  at  hoiho  tm 
twenty  jHjr  centum.    The  bare  statoinunt  of  i 
cose  is  revolting  and  mortifying;  hut  it  !,,,■ 
by    looking    into  the  detail  of  tliu  tax- 
amount  upon  different  varieties  of  salt— i|< 
feet  upon  the  trade  ond  sale  of  the  articl'.— n. 
its  importation  and  u.sc — and  the  coiigciim.i 
upon  the  agriculture  of  the  country,  fur  «, 
of  adequate  supplies  of  salt — that  the  wiii 
of  the  tax,  and  the  di3a.«trous  efficts  of  its 
position,  can  be  ascertained.     To  tii  iljlf  (i 
Senate  to  judge  of  these  eflects  and  conscfiiioi 
COS,  and  to  render  my  remarks  more  intelii- 
I  will  read  a  table  of  the  import:,  on  of>( 
for  the  year  1835 — the  last  that  has  lieun  m; 
up — and  which  is  known  to  bo  a  fair  inj^x 
the  annual  importations  for  many  yta's  ii 
With  the  number  of  bushels,  and  the  naii;e 
the  country  from  which  the  importations  coi 
will  be  given  the  value  of  each  parcel  nt  the  i.li 
it  was  obtained,  and  the  original  cost  perlud 

Statement  of  the  quantity  of  Salt  importl 
into  the  United  States  during  the  year  bi 
with  the  value  and  cost  thereof,  per  buslielj 
thi  place  from  which  it  was  imported : 


No.  of  ( 

Countries,  busliuls.  r, 

Sweden  and  Norway,       8.55G  ^572    C 

Swedish  West  Indies,      0,850  708   In 

Danish  West  Indies,        2,351  380   IC 

Dutch  West  Indies,      141,500  12,907 

England,                    2,013,077  412,507 

Ireland,  51,954    

Gibraltar,  17,832 

Malta,  1,500 

British  West  Indies,    959.780 


12.270 

1,385 


British  Am.  Colonies,  138,693 
France  on  Mediterra-   30(548 


nean, 


118   : 

98,497   10 
30,374 

2.155 


C 


10,700 
5.443 


Spain  on  Atlantic,        300,140 

Spain  on  Meditcrran.,  101,000 

Portugal,  780,000    55.087 

Cape  de  Verd  Islands,     8.134        751   9  I 

Italy,  ----- 

Sicily, 

Trieste, 

Turkey, 

Colombia, 

Brazil, 

Argentine  Republic, 

Africa, 


30,742 

5,780 

7,888 

9.377 

17,102 

250 

402 

5,733 


1,580 
150 
255 


41 
•  I 

sl 

984  10  Ij 

1,227 

08 

41 

G15 


5,735,364   655,000 


ANNO  1838.     AMjUKW  JACKSON,  rUl^slDI.-M. 


715 


n  the  rcconl  irf  ntr.x  of  al^Mi>  ] 

in  thi!  nality  a  tax  (,f  'jo 

hat  111  oi\  '^"  i^rMv  cif  jiriini 

iversal  uw,  whili;  we  liuvearti.i 

BU|)crlltuty— wiiu's,  silks-fity 

nominally  taxed  at  Home  tm 

ntum.    The  hare  Kt!»ttiin.nt  (,f  t| 

ng  ami  morlifyinf; ;  hut  it  is  <,;| 

into  the  detail  of  the  tux-jj 

different  varieties  of  salt— its 

trade  and  sale  of  the  anielo- uj;, 

n  and  use — and  the  consciimiia 

culture  of  the  country,  fur  wn 

supplies  of  salt — that  tlio  wti- 

id  the  disastrous  cffL'cts  of  its 

be  ascertained.     To  ii  iblc  t| 
Ige  of  these  efl'tcts  and  coiiscchk 
:ndcr  my  remarks  moru  intt'lli;:il 
I  table  of  the  import;,  yii  of  «^ 
1835— the  last  that  has  Wn  ma 
ch  is  known  to  be  a  fiiir  inJix  | 
tnportations  for  many  yta-s  la 
amber  of  bushels,  and  the  naii.e  | 
from  which  tho  importations  coij 
1  the  value  of  each  parcel  at  tlie  \]i 
icd,  and  the  original  cost  iicrlusl 

;  of  the  quantity  of  Salt  imporJ 
itcd  States  during  the  year  li-l 
ue  and  cost  thereof,  per  ljusliel,| 
»ra  which  it  was  imported : 


No.  of 


^572    C! 

708   Irt 
V, 


Norway,       8,55G 
;st  Indies,       0,850 

;t  Indies,        2,351  380 

t  Indies,     141,500  12,9(i7    'J 

■^           '  2,013,077  412,507   IG 

51.954  12,27fi 

17,832  1,385    7 

1,500  US    7 

fet  Indies,    959,780  98,497 

Colonies,  138,593  30,374 

Mcditerra-   52048  2,155 


10 


klantic,        300,140 

editerran.,  101,000 

780,000 

!rd  Islands,     8,134 

'  30,742 


5;78G 


ir),7('i0 

5.443 
55.087 
751   9H 

1,580     4 
150     "' 


lepublic. 


7,^ 

9,377 

17,102 

250 

402 

5,733 


5,735,364   055,000 


Klr.H-  would  remark  that  snU,l)ctni;  brmght 

jlliytjlhe  preato.-^t  (piantity  raine  frtun  Knj:- 

\s\wTsi  wo  had  the  largest  trade  ;  an<l  th»t 

„uK)rtation,  with  a  tax  ujwn  it,  Ixinjj  merely 

in-ntal  to  lra<le,  tliis  prcatcnt  (luantity  came 

Lj,  the  place  wliero  it  cost  most,  ami  was  of 

MjlVriiir  kind.    The  salt  from  Kngland  was 

;lvone  lialfof  tho  whole  quantity  inii)orted; 

,.,stwas  about  sixteen  rr  its  a  bushel;  and 

imlity  wa.s  so  inf'Tior   iliat  neither  in  the 

iittd  States,  nor  in  Great  Britain,  could  it  bo 

Ifur  curing  provi.^ions,  fisli,  butter,  or  any 

:  that  rcquirea  long  keeping,  or  exposure 

Lutliorn  heats.   This  was  tho  salt  commonly 

!  Liverjioo!.  It  wa.s  made  by  artificial  heat, 

j  never  was,  and  never  can  be  made  pure,  as 

lEcro  agitation  of  the  boiling  prevents  the 

ation  of  the  bittern,  and  other  foreign  and 

ionoiis  ingredients  with  which  all  salt  water, 

ieven  mineral  salt,  is  more  or  less  improgna- 

Tiie  other  half  of  the  imported  salt  costs 

\\tii  than  tho  English  salt,  and  is  infinitely 

lerior  to  it ;  so  far  superior  that  tho  English 

liwiU  not  even  sen'o  for  a  substitute  in  the 

lortant  business  of  curing  fish,  and  flesh, 

[long  keeping,  or  southern  exposure.    This 

haj  made  by  the  action  of  tho  sun  in  tho 

ItiKlcs  approaching,  and  under  tho  tropics. 

1  kgin  to  obtain  it  in  the  West  Indies,  and 

Ibrge  quantity  on  Turk's  Island  ;  and  get  it 

jail  the  islands  and  coasts,  under  tho  sun's 

'from  the  Gulf  of  Mexico  to  the  Black  Sea. 

I  Cape  de  Verd  Islands,  the  Atlantic  and 

Ijiterranean  coasts  of  Spain  and  Portugal,  the 

klerranean  coast  of  France,  the  two  coasts 

luiy,  the  islands  in  the  Mediterranean,  the 

of  tho  Adriatic,  tho   Archipelago,   up 

|ie  Black  Sea,  all  produce  it  and  send  it  to 

The  table  which  has  been  read  shows  that 

I  original  cost  of  this  salt — the  purest  and 

igcst  in  the  world — is  about  nine  or  ten 

i  a  bushel  in  the  Gulf  of  Mexico;  five,  six 

IseTen  cents  on  the  coasts  of  France,  Spain 

iPortugal ;  three  and  four  cents  in  Italy  and 

lAdriatic ;  and  less  than  three  cents  in  Sicily. 

jill  this  salt  beais  one  uniform  duty ;  it  was 

Itrenty  cents  a  bushel,  and  is  now  near  ten 

i  a  bushel;  so  that  while  the  tax  on  the 

lish  salt  is  a  little  upwards  of  fifty  per  cent. 

lieTaUic,  the  same  tax  on  all  the  other  salt 

pone  hundred  to  two  hundred,  and  three 

»d  and  near  four  hundred  per  cent.    The 


sun-mnde  salt  is  rhielly  UMd  in  the  (Inat  Wi<t, 
in  curing  pniviKJons ;  the  Livtipo..!  in  cliu  liy 
used  on  the  Atlantic  roa.''ts;  and  thus  the  fao 
pie  in  dilVereiit  scrtjon..*  of  tin-  I'liion  piiy  .lillfr- 
cut  ihgrecs  of  tax  ui«.i)  tin-  canu- ai'ti.ifs.  nii.l 
that  wiiich  cost.s  kust  is  taxed  most.  A  tnv 
ranging  to  .some  hundnd  p<  r  .'I'lit.  is  iti  ililfini 
cnonuous  tax  ;  and  thus  the  duly  cMlected  by 
the  federal  government  from  all  the  consiunerc 
of  the  snn-nuwk  salt,  is  in  it:Hll'  cxcc-isive; 
amoimting,  in  m.iny  instances,  to  double,  tnlilc, 
or  even  quadru|)le  tlie  original  co.<t  of  tin- art icli'. 
This  is  an  enonnity  of  taxntiou  which  strikes 
the  mind  at  tlic  first  blu.-^li ;  but,  it  is  only  tho 
beginning  of  tho  enormity,  tlio  extent  of  wliic!! 
is  only  discoverable  in  tracing  its  ellects  to  all 
their  diversified  an  1  injiuious conscciuences,  la 
the  first  place,  it  chicks  and  prevents  tiio  im- 
portation of  the  salt.  Coming  as  ballast,  and 
not  as  an  article  of  commerce  on  wliich  profit  is 
to  be  made,  the  sliipper  cannot  bring  it  except 
he  is  supplied  with  moufy  to  pay.tiio  duty,  or 
surrenders  it  into  tho  liands  of  salt  dealers,  on 
landing,  to  go  his  security  for  the  payment  ui 
the  duty.  Thus,  tho  importation  of  the  article 
is  it.sclf  checked  ;  and  this  check  operates  with 
tho  greatest  force  in  all  cases  where  tlie  nrigimd 
price  of  the  salt  was  least ;  and,  therefore,  where 
it  operates  most  injuriously  to  tho  coiuitry.  In 
all  such  cases  the  tax  operates  as  a  prohil)ition 
to  use  salt  as  ballast,  and  checks  its  importation 
from  all  tho  places  of  its  production  nearest  tho 
sun's  track,  from  the  Gulf  of  Mexico  to  Con- 
stantinople. In  tho  next  place,  the  impo.sition  of 
the  tax  throws  the  salt  into  the  hands  of  an  in- 
termediate set  of  dealers  in  the  seaports,  who 
either  advance  tho  duty,  or  go  security  for  it, 
and  who  thus  become  possessed  of  nearly  all 
the  salt  which  is  imported.  A  few  persons  em- 
ployed in  this  business  engross  tho  salt,  and  fix 
the  price  for  all  in  the  market ;  and  fix  it  higher 
or  lower,  not  according  to  the  cost  of  the  ar- 
ticle, but  according  to  tho  necessities  of  tho 
country,  and  the  quantity  on  hand,  and  tho  sea- 
son of  the  year.  The  prices  at  which  they  fix 
it  are  known  to  all  purchasers,  and  may  be  seen 
in  all  prices-current.  It  is  generally,  in  the  case 
of  alum  salt,  four,  five,  ten,  or  fifteen  times  as 
much  as  it  cost.  It  is  generally  forty,  or  fifty, 
or  sixty  cents  a  bushel,  and  nearly  the  same 
price  for  all  sorts,  without  any  reference  to  the 
original  cost,  whether  it  cost  three  cents,  or  five 


msM 


716 


TIIIRTV  YEAFW  VIEW. 


I, 


wnt*,  or  ten  n-nt",  nr  ilfiif  n  conto  a  l)Uslif1. 
Alxtut  OIK'  iinifnriii  priio  \h  put  on  thi.-  wlmli', 
ami  tlin  pun'tiiiHor  liim  to  submit  to  the  iiii|)Osi- 
tion.  This  rcMilts  rmm  the  clFwl  of  the  tax, 
tlirowin;;  tin-  nrti<It',  wliich  is  notliinp  hut  hnl- 
lai-t.  infii  the  lii.uils  of  snltdtaltTM.  The  importer 
(locn  not  hriii;;  more  money  than  tho  Halt  is 
worti),  to  pay  the  (hityj  hi'  <loeg  not  come  pre- 
pared to  pay  n  heavy  chity  on  his  ballast ;  he 
has  to  (k'lPi  nd  upon  raising  tlio  money  for  pay- 
ing tlie  duty  after  hu  arrives  in  the  United 
States  ;  and  this  throws  him  into  the  hands  of 
tho  salt  dealer,  and  suhjects  the  country  pur- 
chaser to  all  tlie  fair  eharfres  attending  this 
cluiipe  i>f  hands,  ami  this  eHta>ilishment  of  an 
intermediate  dealer,  who  must  have  his  profits  ; 
and  also  to  all  the  adilitionnl  exactions  which 
he  may  choose  to  make.  This  should  not  be. 
There  should  lix)  r.o  costs,  nor  charges,  nor  in- 
termediate profits,  on  Hiieli  an  article  as  salt.  It 
comes  as  ballast ;  as  balla^  t  it  should  be  handed 
out — should  bo  handed  from  tho  shiji  to  the 
steamboat — should  escape  port  char/es,  and  in- 
termediate i>rofits — and  this  would  be  the  case, 
if  tlie  duty  m  as  abolished.  Thus  the  charges, 
I'osts,  profits,  and  exactions,  in  consequence  of 
the  tax,  arc  greater  than  tho  tax  itself!  lUit 
this  is  not  all — a  further  injury,  resulting  from 
the  tax,  is  yet  to  Ijc  iullicted  upon  tho  consumer. 
It  is  well  known  that  tlio  measured  bushel  of 
alum  salt,  and  all  snn-inade  salt  is  alum  salt — 
it  is  well  known  that  a  bushel  of  this  salt  weighs 
about  ei;ihty-four  pounds;  yet  the  custom-house 
bushel  goes  by  weight,  and  not  by  measure,  and 
fifty-six  pounds  is  there  the  bushel.  Thus  tho 
consumer,  in  consequence  of  having  tho  salt  sent 
through  tho  custom-house,  is  shifted  from  the 
measured  to  tho  weighed  bushel,  and  loses 
twenty -eight  pounds  by  the  operation !  but  this 
is  not  his  whole  loss;  the  intermediato  salt 
dealer  deducts  six  pounds  more,  and  gives  fifty 
pounds  for  the  bushel ;  and  thus  this  taxed  and 
custom-housed  artfcle,  after  paying  some  hun- 
dred per  cent,  to  tho  government  and  several 
I  uidred  per  cent,  more  to  the  rcgraters,  is 
worked  into  a  loss  of  thirty-four  pounds  on  every 
bushel !  All  these  losses  and  imjwsitions  would 
vanish,  if  salt  was  freed  from  the  necessity  of 
passing  the  cust<  i-houses;  and  to  do  that,  it 
must  be  freed  in  Mo  from  taxation.  The  slight- 
est duty  would  operate  nearly  the  whole  mis- 
rhicf,  for  it  would  throw  the  article  into  the 


hatwN  '.f  n'pmters,  and  would  i«n»«tit,ne 
wei;.'h((l  fur  the  niea.'iuri"!  l>Uhh<!. 

Such  are  tlie  direct   injuries  of  tj,i.  ,^|,  J 
a  fax  enormous  in  itself.  disproporijoiKu,.  ,  | 
application  to  the  name  article  in  iliirtMiti 
of  the  rniiin,  and  Uaring  hnrdist  ii|<„,  ,1 
kind  which  is  cheapest,  Inist,  ond  mn-t   .  j 
pensable.     Tho  levy  to  the  govir iiiikiu  ,,  ., 
mous.  ^(;r(0,(i()()  per  nnntiiii  i\|  .m  an  artici .  J 
worth  about  ^fiOO,Oi)0 ;  but  what  tin,'  (.,,,.1 
ment  receives  Ls  a  trifle,  compared  to  «|,J 
exacted   by  the   regrater,— -what  is  io,t  i,, , 
difference   between    tho  weighed  nnd  th,,  ,j 
Hured  bushel, — and  the  lofs  whieh  tin.  f,. 
sustains  for  want  of  aderpiate  supplii.si.f ,,, 
his  stock,  and  their  food.    Asgutnini;  tin 
eminent  tax  to  Ite  ten  ci  rits  a  Imulu!,  tlic  ;,* 
age  cost  of  alum  salt  to  he  eeven  cents,  nn|  I 
i-egrater's  price  to  be  fifty  cents,  and  it  j*  i 
that  he  receives  upwards  of  three  tiims  u  jJ 
as  tho  government  does ;  and  tlmt  the  trij 
to  those  rcgraters  is  near  two  millions  of  iiJ 
per  annum.     Assuming  again  that  tliirivJ 
pounds  in  the  bushel  are  lost  to  the  cnn«uj 
in  tho  substitution  of  the  weighed  for  the  i 
sured  bu.shel,  and  here  is  another  loss  ntiwl 
ing  to  nearly  three-eighths  of  the  v.iluo  df I 
sivlt ;  that  is  to  say,  to  about  lill25{),ui  i)  oij 
importation  of  $050,000  worth. 

These  detailed  views  of  tho  cporatifinj 
effects  of  the  salt  duty,  continued  Mr.  Ii„  t 
tho  burdens  of  that  tax  in  the  most  o  !iuuj| 
revolting  light;  but  ♦ho  picture  is  not  veto 
plete ;  two  other  features  aro  to  bo  introdj 
into  it,  each  of  which,  separately,  and  still  t 
both  put  together,  go  far  to  double  its  enon 
and  to  carry  tho  iniquity  of  such  a  taxiiptd 
very  verge  of  criminality  and  sinfulness, 
first  of  these  features  is,  in  tho  loss  wliich| 
farmers  sustain  for  want  cf  adequate  sura 
of  salt  for  their  stock;  and  the  second. ^ 
the  fact  that  the  duty  is  a  one-sided  tax, 
imposed  only  on  some  sections  of  the  UJ 
and  not  at  all  upon  another  section  of| 
Union.    A  few  details  will  verify  the>e  i 
tional  features.    First,  as  to  the  loss  whicJ 
country  sustains  fc*  want  of  adequate  Biip^ 
of  salt.    Every  practical  man  knows  tlmt  e 
description  of  stock  requires  salt— hogs.  h(J 
cattle,  sheep;  and  that  all  the  prepared! 
of  cattlo  requires  it  also — hay,  fodder,  m 
shucks,  &c.    In  England  it  is  ascertained 


AXSO  IM7.    ANIjUKW  JACKMi.N,  ria>IM:NT. 


11 


imtiT",  nn<l  would  otiJ.«tiiii>e 
llic  im-ii.'^iiri'l  liiihhcl. 
[lie  ilirwt  ilijiii  it'H  of  the  njft  J 
>im  in  it^i'lf,  iliHproportimnii.  i^j 
o  tlu'  Konic  aptiolc  in  )lill'iM,t. 
iM,  anil  b«aiin(t  hnnlcHl  ii|^„i 
iit  (•li(n|K"'<t,  In-'st,  oikI  inii>t  ii,j 
riio  levy  to  the  KoviiMimiu  i, ^^ 
OOO  per  nnnnm  ui.m  an  artHc 
t  liii'".f)0,000 ;  but  what  thu  p,^ 
i'»  is  n  trifle,  romiuirtU  to  wha| 
the  reprater,— what  in  !o.,t  in 
ictwccn  I  ho  weigheil  nnd  il,„ ,, 
L'l, — and  tlio  lofH  which  tlic  fan 
want  of  a(U'(innlc  ^ui)|ilii.'.s(jfv.iiJ 
11(1  their  fo(»l.  Assuiiiin;,'  tiif 
K  to  Ikj  ten  c(  iitH  u  lm»ht!,  tin.  ^ 
alum  salt  to  he  eevcn  rents,  an!  I 
iricc  to  ho  fifty  cents,  luid  it  i,<  cl 
,'ives  tipwnnlsof  three  tinus  m  ml 
ernment  docs ;  nnd  thnt  thi'  triH 
praters  is  near  two  millions  of  dui) 
I,  Assuming  apain  that  lliirty. 
the  bushel  are  lost  to  the  cnm\ 
ititution  of  the  wciphed  for  tlic 
icl,  nnd  here  ia  another  loss  nnwJ 
rly  three-eighths  of  the  v^ihwdfl 

is  to  say,  to  about  $250,iiiOoiJ 
n  of  l$050,000  worth, 
letailed  views  of  the  operation  I 
the  salt  duty,  continued  Mr.  li., 
18  of  that  tax  in  the  most  o  liousj 
ight ;  but  ♦ho  picture  is  not  mc 
J  other  features  aro  to  bo  introd^ 
;h  of  which,  separately,  nnd  still  i 
ogether,  go  far  to  double  its  enon 
ry  the  iniquity  of  such  a  tax  iiptJ 
9  of  criminality  and  sinfulness, 
icse  features  is,  in  the  loss  whichi 
ustain  for  want  cf  adequate  sup] 
r  their  stock}  and  the  sccomlj 
lat  the  duty  is  a  one-sided  tax,  1 
Mily  on  some  sections  of  the  UJ 

at  nil  upon  another  section  ot| 
A  few  details  will  verify  these  i 
itures.  First,  as  to  the  loss  whiclj 
sustains  fc*  want  of  adequate  supj 
Every  practical  man  knows  that  i 
in  of  stock  requires  salt— hogs,  hci 
iccp;  and  that  all  the  prepared 

requires  it  also— hay,  fodder,  clj 
So,    In  England  it  is  ascerUiaej 


nfiKO,   thnt  ''p   requin*.   cnrh,    half  n 

„1  »  wi'<W,  which  in  twt'nly-<  ipht  |t«und.<i, 

Uilf»  (•iiil"in-hoiise  IniKhcj,  jx-r  annum  ;  cows 

,,^  »  l(U»h<l  nnd  n  half  jn-f  nnnum ;  youic 

^,l(  t  hunhel ;  drnupiit  hor-es,  an<I  dinunlit 

Li,  a  ImikIk'I  ;  ndtn.  nnd  yoiin;;  cuttle,  from 

,  ».fks  to  a  huithel  each,  per  niiiiuin ;  nnd  , 
r,i*  .iiiiiputed  in  Eiiplnnd,  btfnrc  the  nboli- 
„f  the  cnlt-tn-x  there,  that  tlie  stnck  of  the 
j.y\\  fanners,  for  want  of  a(h-(|uate  siippUts 
Lit,  was  injured  to  nn  annual  niuount  far  be- 
(iiitlie  i)roduct  of  the  tax. 
[n,.,  Younp,  before  a  oonunittee  of  the  Ilrit- 
liduw  "f  ('omnions,  and  iqion  oath,  testi- 
I  to  his  l)€lief  that  tlie  wv  of  salt  free  of 
,  would  benefit  the  nprieultural  intcn'st,  in 
,  increased  value  of  iSeir   stock   alone,    to 
(Winual  amount  of  three  million.^  sterlinp, 
liftocn  millions  of  dollars.     Such  was  the 
rtr)-  of  the  salt-tax  in  England  to  the  npri- 
litural  interest  ia  the  sinplo  article  of  .stock. 
at  tlio  injury  might  bo  to  the  a;,'ricultu- 
j  interest  in  the  United  States  on  the  same 
kIc  on  account  of  the  stinted  use  of  salt 
itioncd  by  the  tax,  might  be  vngurly  con- 
iwi  from   general    observation    and    a  few 
hllislied  fact.s.     In  the  first  place,  it  was 
imvn  to  every  body  that  stock  in  our  country 
stinted  for  salt ;  that  neither  hogs,  hor.ses, 
lllo,  or  sheep,  received  any  thing  near   the 
Btity  Iciund  by  experience  to  be  neces.sary 
JEnijland  j  and,  as  for  their  food,  that  little  or 
]siit  was  put  upon  it  in  the  United  States  ; 
Lie  in  England,  tert  or  fifteen  pounds  of  salt 
(tlie  ton  of  hay,  clover,  &c.  was  used  in  curing 
Taking  a  single  branch  of  the  stock  of  the 
litcd  States,  thnt  of  sheep,  and  more  decided 
IJcnce  of  the  deplorable  deficiency  of  salt  can- 
It  be  i/roduced.  The  sheep  in  the  U  nited  S  tr. :  i-fi 
( computed  by  the  wool-growers,  in  1832,  in 
lir petitions  to  Congress,  at  twenty  millions ; 
i  number,  at  half  a  bushel  each,  wouUi  iv- 
t  about  ten  millions  of  bushels ;  now  the 
lole  supply  of  salt  in  the  United  States,  both 
Be-made  and  imported,  barely  exceeds  ten 
llions ;  80  that,  if  the  sheep  received  an  ade- 
Lte  supply,  there  would  not  remain  a  pound 
I  any  other  purpose !    Of  course,  the  sheep 
I  not  receive  an  adequate  supply,  nor  perhaps 
I  fourth  part  of  what  was  necessary ;  and  so 
|ill  other  stock.    To  give  an  opinion  of  the 
loss  to  the  agricultural  interest  in  the 


United  .stall  «  (>T  want  of  ih,-  fruj  U"»>  of  thi« 
nrlidc,  Would  i.  ipiiiv  the  minute,  niiiipnh* ii 
Kivc.  Mignciou^  nnd  |Krulinr  turn  of  niuid  of 
Dr.  Yipim;;;  but  it  lu.xy  l.c  Kufticient  f-r  the  ar^ 
;;ument,  niiil  for  all  pructi'  al  puriuivi,  to  assume 
that  our  los-i,  in  pnipi.itinu  to  the  iiunilur  lif 
our  stiH'k,  is  greater  than  liiat  of  the  Kiipli.Oi 
r.irmer-,  anil  nmouiits  to  liflicu  or  twmty  time* 
the  value  of  the  ta.x  itpell! 


C  H  A  I'  T  K  n    C  L  I  X  , 

I'xrrxoixa  UKsoi.tTiox-i'uiirAiiATiov  run 

l»KCi!*luN. 

It  was  now  the  last  session  cf  the  last  tt nn  of 
the  presidency  of  (iencral  Jackson,  and  the  w(jrU 
of  the  American  Senate  doing  jii  lice  to  itself  by 
undoing  the  wrong  which  it  had  (h)nc  to  itself 
in  its  condemnation  of  the  I'lesident,  was  at 
hand.     The  appeal  to  the  people  had  iirodu-ed 
its  full  effect ;  and,  in  less  time  than  had  been 
expected.     Confident  from  the  bc;;inning  in  the 
verdict  of  the  pcojde,  the  author  of  the  move- 
ment had  not  counted  upon  its  delivery  until 
several  years — probably  until  after  the  retiie- 
nicnt  of  Gencrel  Jackson,  and  until  the  subsi- 
dence of  the  passions  which  usually  pursue  a 
public  man  while  ho  remains  on  the  stage  of 
action.    Contrary  to  all  expectation,  the  public 
mind  w  .is  made  up  in  less  than  three  years,  and 
before  the  termination  of  that  second  adminis- 
tration which  was  half  run  when  the  sentence 
of  condemnation  was  passed.   At  the  commcncc- 
luent  of  this  session,  183G-'37,  the  public  voice 
had  come  in,  and  in  nn  imperative  form.     A 
I  Ki'ijority  of  the  States  had  acted  decisively  on 
!  tlic  subject — some  superseding  their  senators 
at  the  end  of  their  terms  who  had  given  the 
obnoxious  vote,  and  replacing  them  by  those 
who  would  expunge  it ;  others  sending  legi.'ila- 
tive  instructions  to  their  senators,  which  carried 
along  with  them,  in  the  democratic  States,  the 
obligation  of  obedience  or  resignation ;  and  of 
which  it  was  known  there  were  enough  to  obey 
to  accomplish  the  desired  expurgation.     Great 
was  the  number  superseded,  or  forced  to  resign. 
The  great  leaders,  Mr.  Clay,  Mr.  Webster,  ilr. 
Calhoun,  easily  maintained  themselves  in  tbeit 


718 


TMIUiV   lEArW*  VIEW. 


\i 


rcujuffivc  Stftfon ;  Imt  tin-  nmrtnlity  '  t  hiuTlly 
iifion  tliclr  fiM'iwiT'.ntKl  li-ft  them  in  n  liclplosn 
tniiifirity.  T)u'  liiiio  li.ul  <(ifiic  fnr  action  ;  *ii(I 
oti  till'  w'oiin'l  liny  nOcr  tlic  nicctiiijf  of  the  Sen- 
iitf.  >fr.  Itiiifon  linvt'  notice  of  his  intention  to 
lirin'r  in  nt  mi  «'iirly  jxtIoiI  tin*  iinwflconio  n-no- 
Iiition,  (infl  to  prows  it  toadcciHlon.  Heretofore 
he  hiid  ititro«liici'il  it  without  nny  view  to  action, 
but  merely  fur  nii  oecHsion  for  a  ("pi-ccli,  topo  to 
the  people;  lint  the  opposition, exulting  in  their 
etrenirth,  woiiitl  f)(  themselveB  cull  it  up,  npiiinst 
the  wislu'S  of  tiio  mover,  to  receive  the  rejection 
which  the  were  able  to  pivo  It.  Now  these 
dispositions  were  reversed  ;  the  mover  wns  for 
decision — they  for  staving  it  off.  On  the  2(')th 
day  of  December — the  third  unniversary  of  the 
diiy  on  which  Afr.  Clay  had  moved  the  condem- 
uatory  resolution — Mr.  llonton  laid  upon  the 
tabl('  the  resolve  to  cxpunRO  it — followed  by 
his  third  nnd  lost  speech  on  the  Bubject.  The 
following  is  the  rosohition ;  the  speech  consti- 
tutes the  next  chapter: 

Ifrmihilion  to  erpunsre  from  (he  Journal  the 
liesnhUhn  of  the  Heiitile  (f  March  28,  1834, 
I'j  relation  to  Pre.tidcut  Jackson  and  the 
Jte moral  of  the  Deposits. 
"  Whereas,  on  the  2r)th  <lay  of  Pecember,  in 

the  year  183.3,  the  following  resolve  was  moved 

in  tho  Senate : 

"  'Beaoloefl.  That,  by  dismissing  tho  late  Secre- 
tary of  tho  Treasury,  because  he  would  not, 
contrary  to  his  own  sense  of  duty,  remove  the 
money  of  the  United  States  in  deposit  with  the 
Bank  of  tho  United  States  and  its  branches,  in 
conformity  with  the  Pivsident's  opinion,  and  by 
appointing  his  successor  to  effect  such  removal, 
which  han  been  done,  the  President  has  a.ssumed 
the  exercise  of  a  power  over  tho  Treasury  of  the 
United  States,  not  granted  him  by  tho  Constitu- 
tion and  laws,  and  dangerous  to  the  liberties  of 
the  people.' 

"Which  proposed  resolve  was  altered  and 
changed  by  the  mo^■er  thereof,  on  the  28th  day 
of  March,  in  tho  year  1834,  so  as  to  read  as 
follows : 

" '  Jilesolrecl,  That,  in  taking  upon  himself  the 
responsibility  of  removing  the  deposit  'of  the 
public  money  from  tho  Bank  of  the  United 
States,  the  President  of  the  United  States  has 
assumed  the  exercise  of  a  power  over  tho  Trea- 
sury of  tho  United  States  not  granted  to  him 
by  tho  constitution  and  laws,  and  dangerous  to 
the  liberties  of  the  people.' 

"  AVhich  resolve,  so  changed  and  modified  by 
the  mover  thereof^  on  the  same  day  and  year 
last  mentioned,  was  further  altered,  so  as  to  read 
in  these  words: 

'*'  ^Jiesolctdy  That  the  President,  in  the  late 


exrrutivo  proooivlinjr'  in  Hntion  to  iK 


<•  rfT-n 


tiM  hHKumi-il  upon  hiiiiM>lf  niiih«rity  d„,|  . 
not  ronfem-d  by  the  ronstifution  tin.|  [»,, ! 
in  (Urovntioii  of  Inith : ' 

"In  which  lust  mentioned  form  the  mMi 
Kolvo,  on  the  snme  dny  nnd  yrnr  In<t  mint ,  j 
wnM  n(lopfc<l  by  tho  Senate,  nnd  l« rnmi.  i^, 
and  Jiidpment  of  that  Ixxlv,  nnd,  ah  mich  n< 
remniim  u|Kin  the  joiirnnl  thereof : 

'•And  wlien-as  the  said  n-solve  wa*  nut  «,imd 
o<l  by  the  constitution,  nnd  wm  imvulariy, 
illegally  adopted  by  the  Scnnto,  in  vi(i|;,ti',ni 
tho  rights  of  defence  which  lielon;;  to  (vii 
citizen,  nnd  in  mibvei-sion  of  the  fiin<liimi  1 
principles  of  law  and  justice ;  brcnusi'  I'r^i, 
Jnckstm  was  thereby  ailjudged  and  proiimmii 
to  be  guilty  of  an  "impeachable  ollVnre,  nni 
stigma  placed  upon  him  as  a  violator  nf  hi,  ,> 
of  otilcc,  and  of  tho  laws  ami  constitution  w!,, 
lie  was  sworn  to  preserve,  protect,  nnd  (i,f,.J 
without  going  through  the  forms  of  an  impciKj 
ment,  nncl  without  allowing  to  him  tiie  UikJ 
of  a  trial,  or  the  means  of  defenc*' ; 

"And  whereas  tho  said  resolve,  in  all 
various  shapes  and  forms,  was  unfoimdcil  i 
erroneous  in  point  of  fact,  and  thcroforn  unjii 
and  imrighteoufl,  as  well  os  irregular  nnl  im 
thorized  by  tho  constitution;  <»«■«««  the  fi 
President  Jackson  neither  in  tho  net  of  dismil 
ing  Mr.  Uunno,  nor  in  tho  appointment  of  jf 
Taney,  as  siiecificd  in  tho  first  form  of  ih,.  1 
solve ;  nor  in  taking  upon  himself  tho  Tf:»*,± 
bility  of  removing  tho  deposits,  as  Rpccititdl 
the  second  form  of  tho  same  resolve ;  nor  in  nf 
act  which  was  then,  or  can  now,  be  cpccia 
under  tho  vaguo  and  ambiguous  tnrms  nf  t 
general  denunciation  contained  in  the  tliinl  a 
last  form  of  tho  resolve,  did  do  or  commit  a 
act  in  violation  or  in  derogation  of  the  laws « 
constitution ;  or  dangerous  to  the  liberties  of  a 
people: 

"And  whereas  the  said  resolve,  as  adopted,  i 
uncertain  and  nmbiguo\is,  containing  nothing  h 
a  loose  and  floating  charge  for  derogating  from  3 
laws  and  constitution,  and  assuming  \m^\* 
power  and  authority  in  the  late  executive  procJ 
ings  in  relation  to  the  public  revenue;  mM 
specifying  what  part  of  the  executive  proi 
ings,  or  what  part  of  the  public  revenue  wisj 
tended  to  be  referred  to ;  or  what  parts  cf  t 
laws  and  constitution  were  supposed  to  Ji 
been  infringed ;  or  in  what  part  of  the  I'nii 
or  at  what  period  of  his  administration.  th| 
lato  proceedings  were  supposed  to  have  tal 
place ;  thereby  putting  each  senator  at  libeij 
to  vote  in  favor  of  the  resolve  upon  a  sep 
and  secret  reason  of  his  own,  and  leaving  j 
ground  of  the  Senate's  judgment  to  be  gue; 
at  by  the  public,  and  to  be  differently  and  I 
versely  interpreted  by  individual  senators,  i 
cording  to  the  private  and  particular 
standing  of  each :  contrary  to  all  the  endsl 
justice,  and  to  all  the  forms  of  legal  or  judicj 
proceeding ;  to  the  great  prejudice  of  the  ( 
cased,  who  could  not  know  against  whatl 


ANNO  inn:.    ANr»UF,W  JAf'KSO.V,  I'llESlDEXT. 


719 


iw^'lintr"  in  rrlntinn  fn  ihi-  rer- 
upon  liitnM'ir  niitlmrity  «n.|  r„i 
t  Jiv  Uh-  ronNtitiition  iiti<l  U»V 
i<tnM)th:' 

I  liiHt  nitntioncfl  fnmi  the  m\.\{ 
Kfinu'  dny  and  yvnr  \n<t  tni'titii J 
l>y  tho  Sonnto,  nnd  iMinuii.  |^,,, , 

fit  of  that  ImkIv,  mill,  ns  mirh  nij 

II  the  journal  thcroof :  1 
•(.'!is  the  Kftiil  rc'solvu  \va<  n<it  \\■^m^ 
mMtitiition,  and  vrnn  imyiilnrlv, 
ptofl  Jiy  tlio  Srnnfc.  in  vii,l;.tiMn| 
)f  (Icfi'iuo  which  lit'lontf  to  crJ 
in  Bithvpi-sion  of  the  fiinilnnicj 
law  and  Justine;  braimi'  I'ris.lJ 

I  thorohy  adjudfjcd  and  iininniinJ 
'  of  an  imiK-aciialilo  ntlVnoe.  ai,(| 
d  upon  him  as  a  violatur  of  his  r 
I  of  tho  lawH  and  constitution  w!i 
rn  to  preserve,  protect.  aii(i  (kfJ 
Iff  throuph  the  forms  of  nn  im  J 
ithout  allowing  to  him  tlic  heiuj 
tho  moans  of  defenev ; 
icrcas  tho  said  resolve,  in  all 
pes  and  forms,  was  unfounilcil  i 
I  point  of  fact,  and  therefore  nnj] 
Bous,  as  well  as  irrcf^ilar  nnt  uiii 
tho  constitution ;  becannf.  the  fi 
ickson  neither  in  the  act  of  disrail 
ino,  nor  in  tho  appointment  of  % 
pccifled  in  tho  first  form  of  (h,.  I 
n  taking  upon  himself  tho  res[»,J 
novinp;  tho  deposits,  as  spccitioill 
form  of  tho  same  resolve ;  nor  in  u 
fvas  then,  or  can  now,  be  gpcoiij 
ague  and  ambiguous  terms  of  i 
unciation  contained  in  the  thin!  a 
'  tho  resolve,  did  do  or  commit  j 
;ion  or  in  derogation  of  the  laws  a 
1 5  or  dangerous  to  tho  liberties  of  tj 

srcas  the  said  resolve,  as  adopted,  a 
id  ambiguous,  containing  nothing ll 
iottting  charge  for derogatingfroniJ 
(nstitution,  and  assuming  un|i;ranj 
uthority  in  the  late  executive  prow 
tion  to  the  public  revenue ;  a\ih\ 
vhat  part  of  the  executive  prix 
at  part  of  the  public  revenue  vvasl 
)e  referred  to ;  or  what  parts  of  ( 
lonstitution  were  supposed  to  I 
ged ;  or  in  what  part  of  the  UniJ 

period  of  his  administration,  thi 
dings  were  supposed  to  have  tal 
•eby  putting  each  senator  at  libeJ 
favor  of  the  resolve  upon  a  Bcp 
reason  of  his  own,  and  leaving  j 
the  Senate's  judgment  to  be  guea 
public,  and  to  be  differently  and  j 
^rpreted  by  individual  senators,! 

the  private  and  particular  uil 
f  each :  contrary  to  all  the  endsl 
i  to  all  the  forms  of  legal  or  judia 
;  to  the  great  prejudice  of  the  ( 
3  could  not  know  against  what  I 


_fp,I  Mmwlf;  and  to  ihn  torn  of  Nrnatorinl 
^^,n«il'il''.V.  hv  ^hi^•Ming  Mtlfttom  from  public 
mt.il>ili»y  for  nrnkinv'  up  a  judtnncnt  u|Nin 
piinl^  whinli  t'u!   public 

.A, 


hit    iiul 
ininlit 


ratuiot 


and 


know 

■i,  if  known,  ininht  |iroTi'  to  Ir.  insulllcitiit 

',,(•.  or  unfounc|('(|  in  fiu-t ; 

•  \m;  Hln'r"-a.s  the  H|KTitleiition  cniitaini-d  In 

f  lip-t  and  Hcconil  forms  of  the  n-MolvH  havinir 

„n  ohjirtiHl  to  in  dibiite,  and  shown  to  Ik' 

iiticiint  to  HUftiiin    tho  chargfs  Ihry  were 

^|ii(sd  to  supiKirt,  and  it  iM'in:?  well  believed 

ijt  no  niiijority  could  bo  obtained  to  vote  for 

,  i.iii|  specifications,  and  the  same  having  lieen 

(tally  withdrawn  by  the  nmver  in  the  face  of 

mholf  Senate,  in  conseipiencc  of  such  objec- 

luanl  belief,  and  before  any  vote  taken  tliere- 

^,n;  the  said  specilh-ntions  cotiM  not  after- 

f Is  l)c  ailmitted  by  any  rule  of  parliamentary 

iftice,  or  by  any  princijjle  of  legal  im|)lication, 

Nt  intendment,  or  mentiil  reservation,  to  n*- 

tn  and  continue  a  part  of  tho  written  and 

Cllic  resolve  from  which  they  were  thus  with- 

\i:\\\  and,  if  they  could  bo  so  admitted,  they 

[1(1  not  bo  sutHcient  to  sustain  tlie  charges 

Irtin  containcil : 

',\nil  whereas  the  Senate  being  tho  constitii- 

.#1  tril)unal  for  tho  trial  of  the  President, 

jken  ciiargcd  by  tho  House  of  lleiircseutatives 

Jill  (ilFcnces  against  tho  laws  and  tho  constitu- 

Uhe  adoption  of  tho  said  resolve,  before  any 

lpi«liment  preferred  b^  tho   House,  \\m  a 

ich  of  the  privileges  ol  tho  House ;  not  war- 

liteJ  by  tho  constitution ;   a  subversion  of 

Bice  I  a  prejudication  of  a  question  which 

|lit  legally  come  before  the  Senate ;  and  a 

Kiualiflcation  of  that  body  to  perform  its  con- 

llutional  duty  w  ith  fairness  and  impartiality, 

Itlic  President  should  thereafter  be  regularly 

l«aclicd  by  tho  House  of  Ilcpresentatives  for 

l( same  offence: 

r,\nJ  whereas  tho  temperate,  respectful,  and 
Bincntative  defence  and  protest  of  tho  Prcsi- 
it  against  tho  aforesaid  proceeding  of  the 
Bte  was  rejected  and  repulsed  by  that  body, 
li  ffa.s  voted  to  be  a  breach  of  its  privileges, 
iwas  not  permitted  to  be  entered  on  its 
bmal  or  printed  among  its  documents ;  while 
I  memorials,  petitions,  resolves,  and  remon- 
p.«a  against  the  President,  however  violent 
janfounded,  and  calculated  to  intlamo  the 
Ipk  against  him,  were  duly  and  honorably 
|tivcd,  encomiastically  commented  upon  in 
tckes,  read  at  the  table,  ordered  to  be  printed 
\  tho  long  list  of  names  attached,  referred  to 
I  Finance  Committee  for  consideration,  tiled 
iy  among  the  public  archives,  and  now  con- 
ptc  a  part  of  tho  public  documents  of  the 
|ite,  to  bo  handed  down  to  the  latest  poa* 
jty: 

|And  whereas  the  said  resolve  was  intro- 

i  debated,  and  adopted,  at  a  time  and  under 

nstances  which  had  the  effect  of  co-operat- 

lifith  the  Bank  of  the  United  States  in  the 

picidal  attempt  which  that  institution  was 


thp  r"llnt^^■ ; 
Jiroplt.  Ml  I'h 
ndniinisiniiii.ii ;    |,i 
bnnknipf  tbf  SU\W  bunks 


t;-  .;•  -troy  th,.  r.nd.l.-nr,.  of  tho 

-i.li  lit  .lu-kNon;  to  iinn-lvw  hi* 

l-'ov.ni   I  lie   «lirfiiHi,  j    ti> 

,,  ,,    ■    ,    ,    ,;-,    •■*:  ruin  till  irnirnnoy; 

1111  the  H  ,.,!,.  J  ni.,nu III,  f.,r.,r  nn.l  .li.tr./s 
nn.l  thereby  f„,.xt,„t  from  I h.-  ...li;  rii,.:.  and 
the  alarms  of  (h"  |«.„,,h.,  tbo  i...f ..,■„, i„n„f  tl,,, 
de|«.its  and  tin-  renewal  of  its  ,||,„|,.r- 

'•And  wlifivivH  tlu.  Niid  r.>.,lN,.  in  ,f  ,,1!  ex- 
ample  and   .Imipr.-im    pi.r,..|,  nt.  nnd 
never  Imvi-  b.rn  re.eivcd,  dituitid 
by  the  .Sciiiiu.,  (ir  iidmiitcd   to  ei 
joiiriml:  W I  if  if  fore, 

'7W(V7/,  Tiiiit  the  siiid  resolve  In-  <ximi)x.| 
froni  III.,  juunml;  mimI,  for  timt  piii|H.«,.  t|„u 
the  Scvtury  of  the  .Senate,  nt  Miel,  time  as  tho 
.V-nate  may  a|.|M)int,  slmll  bring  the  innnusciipt 
.louriml  ot  the  xessioii  iM.!,!  \\\  jnt,,  the  S.nuto 
and,  III  the  preseneeofthe  .Senate,  dniw  Ma.k  litieH 
round  the  said  resolve,  and  write  aero,H  the  fico 
thereof,  in  strong  letters,  the  folb.win-'  words; 

'  Kxidin'.'-'  ' '       — 

of. 


kIioIiM 
<T  ndopleil 

I'lilry  upon  in 


i,L'ed  by  Older  of  the  .Senate,  this  —  day 
•,  111  the  year  of  our  Lord  l!S;!7. ' " 


CIIAPTKR     CLX. 

EXl'UXOISO  llKSOI.l'TIOM.-Mn.  IJENTONS  Tltllll) 
Sl'lilXH. 

Mn.  PnKsinnNT:  It  Is  now  near  three  years 
since  the  resolve  was  adopted  by  the  Senate, 
which  it  is  my  present  motion  to  expunge  from 
tho  journal.  At  tho  moment  that  this  resolve 
was  adopted,  I  gave  notice  of  my  intention  to 
move  to  expunge  it;  and  then  expressed  my 
confident  belief  that  the  motion  would  even- 
tually prevail.  That  expression  of  confidence 
was  not  an  ebullition  of  vanity,  or  a  iiresump- 
tuous  calculation,  intended  to  occelcrate  tho 
event  it  affected  to  foretell.  It  was  not  a  vain 
boast,  or  an  idle  assumption,  but  was  the  result 
of  a  deep  conviction  of  tho  injustice  done  Presi- 
dent Jackson,  and  a  thorough  reliance  upon  tho 
justice  of  tho  American  people.  J  felt  that  tne 
President  had  been  wronged ;  and  my  heart  told 
me  that  this  wrong  would  be  redressed  I  The 
event  proves  that  I  was  not  mistaken.  The 
question  of  expunging  this  resolution  has  been 
carried  to  the  people,  and  their  decision  has 
been  had  upon  it.  They  decide  in  favor  of  tho 
expurgation ;  and  their  decision  has  been  both 
made  and  manifested,  and  communicated  to  us 
making  to  produce  a  panic  and  pressure  in  j  in  a  great  variety  of  ways.    A  great  number  of 


720 


TIUUIT  YKAR.S-  VIKW. 


States  liavc  expressly  instructeil  their  senators 
to  vote  fiir  tliis  exjHirpition.  A  very  great 
majority  «l'  the  States  iiave  elected  senators  and 
representative'^  to  Congress,  upon  the  express 
ground  of  favoring  tliis  expurgation.  The  Bank 
of  the  United  States,  whicli  took  the  initiative 
in  the  accusation  against  the  President,  and 
furnished  the  material,  and  worked  the  ma- 
chinery wliich  was  used  against  him,  and  which 
was  then  so  powerful  on  this  floor,  lias  be-ome 
more  and  more  odious  to  the  public  mind,  and 
musters  now  but  a  slender  phalanx  of  friends 
in  the  two  Houses  of  Congress.  The  late  Presi- 
dential election  furnishes  additional  evidence  of 
public  sentiment.  The  candidate  who  was  the 
friend  of  President  Jackson,  the  supporter  of 
his  adriinistration,  and  the  avo^^-ed  advocate 
for  the  expurgation,  has  received  a  large  ma- 
jority of  the  suffrages  of  the  whole  Union,  and 
that  afier  an  express  declaration  of  his  senti- 
ments on  this  precise  point.  The  evidence  of 
the  public  will,  exhibited  in  all  these  forms,  is 
too  manifest  to  be  mistaken,  too  explicit  to  re- 
quire illustration  and  too  imperative  to  be  dis- 
regarded. Omitting  details  and  specific  enu- 
meration of  proofs,  I  refer  to  our  own  files  for 
the  instructions  to  expunge, — to  the  complexion 
of  the  two  Houses  for  the  temper  of  the  people, 
— to  the  denationalized  condition  of  the  Bank 
of  the  United  States  for  the  fate  of  the  im- 
perious ac  ser, — and  to  the  issue  of  the  Presi- 
dential el- ction  for  the  answer  of  the  Union. 
All  these  are  pregnant  proofs  of  the  public  will, 
and  the  last  pre-eminently  so:  because,  both 
the  question  of  the  expurgation,  and  the  form 
of  the  process,  was  directly  put  in  issue  upon  it. 
A  representative  of  the  people  from  the  State 
of  Kentucky  formally  interrogated  a  promiuent 
candidate  for  the  Presidency  on  these  points, 
and  required  from  him  a  public  answer  for  the 
information  of  the  public  mind.  The  answer 
was  given,  and  published,  and  read  by  all  the 
voters  before  the  election ;  and  ^  deep  it  right 
to  refer  to  that  answer  in  this  place,  not  only 
as  evidence  of  the  points  put  in  issue,  but  aho 
for  the  purpose  of  doing  more  ample  justice  to 
President  Jackson  by  incorporating  into  the 
legislative  history  of  this  case,  the  high  and 
lionorable  testimony  in  his  favor  of  the  eminent 
citizen,  Mr.  Van  Buren,  who  has  just  been  ex- 
alted to  the  lofty  honors  of  the  American  Presi- 
dency : 


'  Your  last  question  seeks  to  krxnr 
opinion  as  to  the  eon>tifutional  piiwir ./"' 
Senate  or  House  of  |{ej)n.senfatives  tocx'i  ..' 
or  obliterate  from  the  journals  the  pr-K^c,  !' 
of  a  previous  session.  "' 

"  You  will,  I  am  sure,  be  satisfied  ni-.r,  f  ,i 
ther  consideration,  that  there  are  hutfuvf  J 
tions  of  a  politicd  character  less  cfiniKrtti , 
the  duties  of  the  oflice  of  President  of  tla-  C,  j 
States,  or  that  might  not  with  equal  imiin,! 
be  put  by  an  elector  to  a  candidate  for  th'i , 
tion,  than  this.  With  the  journals  cf  nuiiJ 
house  of  Congress  can  he  properly  have  J 
tl.iiig  to  do.  But,  as  your  question  Iia<  <],  J 
less  been  induced  by  the  pendency  of  Col  iJ 
ton's  resolutions,  to  expunge  from  the  jounj 
of  the  Senate  certain  other  resolutions  touclii 
the  official  conduct  of  President  Jackson.  I J 
fer  to  say,  that  I  regarded  the  pa■^sa;v^,  ^f  \\ 
Benton's  proamble  and  resolutions  toV-  an  J 
of  justice  to  a  faithful  and  greatly  injurtd  puljl 
servant,  not  only  constitutional  in  itnli 
imperiously  demanded  by  a  proper  rc-urt  I 
the  well  known  will  of  the  peojjle." 

I  do  not  propose,  sir,  to  draw  vIoIimu, 
warranted,  or  strained  inferences.    I  lonotJ 
sume  to  say  that  the  question  of  this  cxm 
tion  was  a  leading,  or  a  controlling  point  in  i 
issue  of  this  election.    I  do  not  assume  to  ■ 
or  insinuate,  that  every  individual,  and  cJ 
voter,  delivered  his  suffrage  with  reRrincc] 
this  question.    Doubtless  there  were  manvl 
ceptions.    Still,  the  triumphant  election  of  j 
candidate  who  had  expressed  himself  in  tlietcil 
just  quoted,  and  who  was,  besides,  tlic  perse 
and  political  friend  of  President  Jackson. : 
the  avowed  approver  of  his  administration.: 
be  admitted  to  a  place  among  the  proofs  In  tl 
case,  and  ranked  among  the  high  concuninsJ 
dences  of  the  public  sentiment  in  favor  of  ( 
motion  which  I  make. 

Assuming,  then,  that  we  have  ascertaJ 
the  will  of  the  people  on  this  great  questl 
the  inquiry  presents  itself,  how  far  the  esM 
sion  of  that  will  ought  to  be  conclusive  of  I 
action  here  ?  I  hold  that  it  ought  to  h  bill 
and  obligatory  upon  us !  and  that,  not  only  q 
the  principles  of  representative  govemii 
which  requires  obedience  to  the  known  wil 
the  people,  but  also  in  confonnity  to  the  p 
ciples  upon  which  the  proceeding  against  1 
sident  Jackson  was  conducted  when  the  ma 
against  him  was  adopted.  Then  every  t| 
was  done  with  especial  reference  to  the  irij 
the  people !  Their  impulsion  was  assuuieij 
be  the  sole  motive  to  action;  andtotliemj 


*-^ 


ANXO  1837.    AXmiKW  .lAlKSON,  rKI>Il)KNT. 


Vo 


121 


,   qnc.-ition   st'ck:*  to  kninv   HiJ 

the  (■on>titut'miial  iiowir  if  J 
ise  of  UojjRsi'iitativcs  to  nyn] 
from  tlie  joiiriiuls  tliu  {micH-ld 
session. 

1  am  pure,  be  satihfiud  u|,i,r,  fJ 
ution,  that  there  are  ImtlVw  i  J 
iticjvl  character  less  conncptcl  vi 
the  ofliceof  President  of  tin-  ri:„J 
it  might  not  with  equal  jirDiii,  1 

elector  to  a  candidate  for  tlmt  J 
is.  With  tlie  journals  cf  niiri 
ingress  can  he  properly  h.ut  ai 
IJut.  as  j'our  question  ha-;  ilmj 
luced  by  the  pendency  of  Col.  ly 
ions,  to  expunge  from  the  ju\iinJ 
J  certain  other  resolution;!  touch j 
onduct  of  President  Jackson.  1 1 
lat  I  regarded  the  pa<sa|:i.'  {,[  i.'I 
^amble  and  resolutions  to  In-  an  i 

a  faithful  and  greatly  iiijurwl  pull 
;   only  constitutional  in  itKlf,  H 

demanded  by  a  proper  respftti 
own  will  of  the  people."  I 

,  propose,  sir,  to  draw  violent, 
or  strained  inferences.  I  lo  not 
f  that  the  question  of  i\m  cxpn 
leading,  or  a  controlling  point  in  i 
is  election.  I  do  not  assume  to  ■ 
te  that  every  individual,  and  tvd 
[^ered  his  suffrage  with  reference 
jn.  Doubtless  there  were  many  I 
Still  the  triumphant  election  of  I 
yho  had  expressed  himself  in  the  tci 
d,  and  who  was,  besides,  the  perso 
cal  friend  of  President  Jackson. 
i  approver  of  his  administration,! 
id  to  a  place  among  the  proofs  in' 
•anked  among  the  high  concuninsti 
the  public  sentiment  in  favor  of 
lich  I  make. 

ng,  then,  that  we  have  ascertaJ 
f  the  people  on  this  great  quest 
y  presents  itself,  how  far  tlie  exd 
lat  will  ought  to  be  conclusive  of 
X  ?  I  hold  that  it  ought  to  he  M 
itory  upon  us!  and  that,  not  only  v 
jiples  of  representative  govemu 
luires  obedience  to  the  known  wil 
e,  but  also  in  conformity  to  thci 
an  which  the  proceeding  against 
ckson  was  conducted  when  the  m 
urn  was  adopted.  Then  every  t 
3  with  especial  reference  to  the  it' 
[e»  Their  impulsion  was  a?smii( 
,le  motive  to  action;  andtotkn 


.'jiiTisto  verdict  was  expressly  referred.    The  I 

[file  machinery  of  alarm  and  pressure— every 

jcne  of  political  and  moneyed  power — was  put 

J  motion,  and  worked  for  many  months,  to  cx- 

the  people  aga'nst  t'i:o  President ;  and  to  stir 

-  nicfctings,  memorials,  petitions,   travelling 

Lmmittecs,  ^nd  distress    deputations  against 

vjji-  and  cat'i  symptom  of  popular  discoutent 

Lj  hailed  as  an  evidence  of  public  will,  and 

jcil  here  as  proof  that  tlie  people  demanded 

condcnmation  of  the  President,    Not  only 

Illative  assemblies,  and  memorials  from  lai-gc 

iiorablics,  were  then  produced  here  as  evidence 

public  opinion,  but  the  petitions  of  boys  un- 

aire,  the  remonstrances  of  a  few  signers, 

the  results  of  the  most  inconsiderable  elec- 

ins, were  ostentatiously  paraded  and  magnified, 

i!ie  evidence  of  the  sovereign  will  of  our  con- 

ituents.    Thus,  sir,  the  public  voice  was  every 

ni  while  that  voice,  partially  obtained  through 

jitical  and  pecuniary  machinations,  was  ad- 

to  the  President.    Then  the  popular  will 

tlie  shrine  at  which  all  worshipped.    Now, 

[jun  that  will  is  regularly,  soberly,  repeatedly, 

id  almost  universally  cxprest^ed  through  the 

lot  boxes,  at  the  various  elections,  and  turns 

tto  be  in  favor  of  tlie  President,  certainly  no 

can  disregard  it,  nor  otherwise  look  at  it 

as  the  solemn  verdict  of  the  competent  and 

jmate  tribunal  upon  an  issue  fairly  made  up, 

ly  argued,  and  duly  submitted  for  decision. 

8uch  verdict,  I  receive  it.    As  the  deliberate 

let  of  the  sovereign  people,  I  bow  to  it.    I 

content.    I  do  not  mean  to  reopen  the  case, 

to  recommence  the  argument.    I  leave  that 

irk  to  others,  if  any  others  choose  to  pei-tbrm 

For  mystlf,  I  am  content ;  and,  dispensing 

;h  further  argument,  I  shall  call  for  judgment, 

ask  to  have  execution  done,  upon  that  un- 

ipy  journal,  which  the  verdict  of  millions  of 

men  finds  guilty  of  bearing  on  its  face  an  un- 

illegal,  and  unconstitutional  sentence  of 

lemnation  against  the  approved  President 

he  Republic. 

iut,  while  declining  to  reopen  the  argument 
is  question,  and  refusing  to  tread  over  again 
ground  already  traversed,  there  is  another 
a  different  task  to  perfonu ;  one  which  the 
caching  termination  of  President  Jackson's 
nistralion  makes  peculiarly  proper  at  this 
I, and  which  it  is  my  pri.ilege,  and  perhaps 
duty,  to  execute,  as  being  the  suitable  con- 

Vol.  I.— 46 


elusion  to  the  arduous  ciiiitKt  in  whirli  we  Invo 
been  so  lung  engap-d;  J  allude  to  thi-  pmral 
tenor  of  his  administration,  and  to  its  ifTfct,  for 
,20od  or  for  evil,  upon  the  condition  of  his  coimtrv. 
This  is  the  proper  tiino  for  such  a  view  to  In' 
taken.     The  political  existence  of  this  pirat  man 
now  draws  to  a  cIo.h'.     In  litflenion'tlnr.i  forty 
days  he  ceases  to  be  a  imblic  character.     In  a 
few  l)rief  weeks  he  ceases  to  be  an  object  of  jio- 
litical  hope  to  any,  and  shoiiM  rcase  to  be  an 
object  of  political  hate,  or  mvy,  to  all.     What- 
ever of  motive  the  servile  and  timeserving:  Tni;_'ht 
have  found  in  his  exalted  station  for  raising  the 
altar  of  adulation,  and  burning  the  iiieiii.se  of 
I)raise  before  him,  that  motive  can  no  Tongcr  ex- 
i.-t.     The  dispenser  of  the  patronage  of  iiii  em- 
pire— the  chief  of  this   great  confederacy   of 
States— is  soon  to  be  a  private  individual,  strip- 
ped of  all  power  to  reward,  or  to  punish.     His 
own  thoughts,  as  he  has  shown  us  in  the  con- 
cluding paragraph  of  that  message  whidi  is  to 
be  the  last  of  its  kind  that  we  shall  ever  leceive 
from  him,  are  directed  to  that  beloved  retire- 
ment from  which  he  was  d"awn  by  the  voice  of 
millions  of  <"n;enien,  and  to  which  he  now  looks 
for  that  interval  of  repose  which  age  ami  infir- 
mities require.    Under  these  circumstances,  ho 
cea.ses  to  be  a  subject  for  the  ebullition  of  the 
passions,  and  passes  into  a  character  for  the  con- 
templation of  liistcry.     Historically,  then,  shall 
I  view  him  ;  and  limiting  this  view  to  his  civil 
administration,  I  demand,  where  is  there  a  chief 
magistrate  of  whom  so  much  evil  has  licen  pre- 
dicted, and  from  whom  so  much  good  has  come? 
Never  has  any  man  entered  upon  the  chief  ma- 
gistracy of  a  country  under  such  ajipalling  pre- 
dictions of  ruin  and  woe !  never  has  any  one  been 
so  pursued  with  direful  prognostications !  never 
has  any  one  been  so  beset  and  impeded  by  a 
powerful  combination  of  political  and  moneyed 
confederates  I    never  has  any  one  in  any  coun- 
try where  the  administration  of  justice  has  risen 
above  the  knife  or  the  bowstring,  been  so  law- 
lessly and  shamelessly  tried    and  condemned 
by  rivals  and  enemies,  without  hearing,  without 
defence,  without  t!ie  forms  of  law  or  justice! 
History  has  been  ransacked  to  find  examples 
of  tyrants  sufficient!}'  odious  to  illustrate  him 
by  comparison.    Language  has  been  tortured 
to  find  epithets  sufficiently  strong  to  paint  him 
in  description.    Imagination  has  been  exhausted 
in  her  efforts  to  deck  him  with  rrjvolting  and 


•) 

y 


722 


THIIITY  YKAHS'  VIEW. 


inlmman  attrihiitcs.  Tyrant,  <lcFpot,  usurper; 
flestrojer  of  tlie  lil«rtics  of  his  countrj';  rash, 
ifrnorant,  imbecile;  cndanperinj;  the  public  peace 
with  all  forcipn  nations ;  (Icstroyinj?  domestic 
prosperity  at  home ;  ruining  all  industry,  all 
commerce,  all  manufactures ;  annihilatinp;  con- 
fidence between  man  and  man ;  delivering  up 
the  streets  of  populous  cities  to  prass  and  weeds, 
and  the  wharves  of  commercial  towns  to  the 
encumbrance  of  decaying  vessels;  depriving 
labor  of  all  reward ;  depriving  industry  of  all 
employment ;  destroying  the  currency ;  plung- 
ing an  innocent  and  happy  people  from  the  sum- 
mit of  felicity  to  the  depths  of  misery,  want,  and 
despair.  Such  is  the  faint  outline,  followed  up 
by  actual  condemnation,  of  the  appalling  denun- 
ciations daily  uttered  against  this  one  MAN, 
from  the  moment  he  became  an  object  of  poli- 
tical competition,  down  to  the  concluding  mo- 
ment of  his  political  existence. 

"  The  sacred  voice  of  inspiration  has  told  us 
that  there  is  a  time  for  all  things.  There  cer- 
tainly has  been  a  time  for  every  evil  that  human 
nature  admits  of  to  be  vaticinated  of  President 
Jackson's  administration  ;  equally  certain  the 
time  has  now  come  for  all  rational  and  well-dis- 
posed people  to  compare  the  predictions  vrith  the 
facts,  and  to  ask  themselves  if  these  calamitous 
I)rognostications  have  been  verified  by  events  ? 
Have  we  peace,  or  war,  with  foreign  nations  ? 
Certainly,  we  have  peaca  with  all  the  world ! 
peace  with  all  its  benign,  and  felicitous,  and  bene- 
ficent influences !  Are  we  respected,  or  despised 
abroad  1  Certainly  the  American  name  never  was 
more  honored  throughout  the  four  quarters  of  the 
globe,  than  in  this  very  moment.  Do  we  hear  of 
indignity,  oroutrage  in  any  quarter  ?  of  merchants 
robbed  in  foreign  ports?  of  vessels  searched  on 
the  high  seas  ?  of  American  citizens  impressed 
into  foreign  service  ?  of  the  national  flag  insulted 
j>ny  where?  On  the  contrary,  we  see  former 
wrongs  repaired^  no  new  ones  inflicted.  France 
pays  twenty-five  milVions  of  francs  for  spolia- 
tions committed  thirty  years  ago ;  Naples  pays 
two  millions  one  hundred  thousand  ducats  for 
wronge  of  the  san>e  date  5  Denmark  pays  six 
hundred  and  fifty  thousand  rix  dollars  for  wrongs 
done  a  quarter  of  a  century  ago ;  Spain  engages 
to  pay  twelve  millions  of  reals  vellon  for  injuries 
of  fifteen  years  date ;  and  Portugal,  the  last  in 
the  list  of  former  aggressors,  admits  he  liability, 
ind  only  waits  the  adjustment  of  details  to  close 


'^0    fll 


her  account  bj'  adequate  indenmitv, 
from  war,  insult,  contempt,  and  spolijiti,,„  fr,  "I 
abroad;  this  denounced  adminigf ration  lias y     ' 
the  season  of  peace  and  pood  will,  and  the  an  j 
picious  era  of  universal  reparation.    So  far  fp, 
suffering  nijury  at  the  hands  of  forci^'ji  powo^ 
our  merchants  have  received  indemnities  fora'L 
former  injuries.    It  has  been  the  day  of  ncconntJ 
inp,   if  settlement,  and  of  retribution.     ThJ 
total  list  of  arrearages,  extending  thronph  foiJ 
successive  previous  administrations,  has  UJ 
closed  and  settled  up.    The  wronps  done  ta 
commerce  for  thirty  years  back,  and  under s 
many  different  Presidents,  and  indemnitic?  with] 
held  from  all,  have  been  repaired  and  paid  otcJ 
under  the  l>cncficent  and  glorious  administratioJ 
of  President  Jackson.    But  one  single  instanJ 
of  outrage  has  occurred,  and  that  at  the  cxtroraiJ 
ties  of  the  world,  and  by  a  piratical  hordJ 
amenable  to  no  law  but  the  law  of  force.    ThJ 
Jlalays  of  Sumatra  committed  a  robbery  anl 
massacre  upon  an  American  vessel.    AVrntches! 
they  did  not  then  know  that  JACKSON  wy 
President  of  the  United  States !  and  that  1 
distance,  no  time,  no  idle  ceremonial  of  trcatinj 
with  robbers  and  assassins,  was  to  hold  baci 
the  arm  of  justice.    Commodore  Downcs  wonl 
out.    His  cannon  and  his  bayonets  struck  ttii 
outlaw  s  in  their  den.    They  paid  in  terror  anl 
in  blood  for  the  outrage  which  was  committedl 
and  the  great  lesson  was  taught  to  these  dist; 
pirates — to  our  antipodes  themselves— that  noj 
even  the  entire  diameter  of  this  globe  could  pr( 
tect  them !  and  that  the  name  of  America 
citizen,  like  that  of  Boman  citizen  in  the  j 
days  of  the  Republic  and  of  the  empire,  was  tl 
be  the  inviolable  passport  of  all  that  wore  J 
throughout  the  whole  extent  of  the  hahitablj 
world. 

"At  home,  the  most  gratifying  picture  pre 
sente  itself  to  the  view :  the  public  deht  pai| 
off;  taxes  reduced  one  half;  the  completion  ( 
the  public  defences  systematically  commencedl 
the  compact  with  Georgia,  uncomplied  wit] 
since  1802,  now  carried  into  effect,  and  tier  soi 
ready  to  be  freed,  as  her  jurisdiction  has  1 
delivered,  from  the  presence  and  encumbn 
of  an  Indian  population.  Missispippi  and  Mi 
oama,  Georgia,  Tennessee,  and  North  Carolinif 
Ohio,  Indiana,  Illinois,  Missouri,  ond  Arkana 
in  a  word,  all  the  States  encumbered  witii  1 
Indian  population  have  been  relieved  from  tin 


ANNO  IS?.:.     ANDREW  JACKSON,  I'llFiSIDKNT. 


adcfiunte  indemnity.     So  fi, 
,  cnntcmpt,  nnd  ppoliatinn  fuiA 
lOiinccd  adminiptrntion  lias  Vm; 
ace  and  pood  will,  and  the  an; 
livorcal  reparation.    So  far  fm. 
at  the  bands  of  f<)rei;rn  power ,. 
lave  received  indemnities  for  a 
1 1  has  been  the  day  of  aoconntJ 
ent,  and  of  retribution.     The 
earages,  extendin;:;  throiiph  font 
ious  administrations,  hsw  Uon 
;lcd  up.    The  wronps  done  td 
thirty  years  back,  and  under  < 
Presidents,  and  indemnitic?  wit!iJ 
lave  been  repaired  and  paid  ovcj 
ficent  and  glorious  administratiot 
ickson.    But  one  single  instancJ 
occurred,  and  that  at  the  cxtreraiJ 
orld,  and  by  a  piratical  horda 

0  law  but  the  law  of  force.  ThJ 
matra  committed  a  robbery  anJ 

1  an  American  vessel.  Wr^tchesl 
then  know  that  JACKSON  wi 
the  United  SUtes !  and  that  n 
ime  no  idle  ceremonial  of  treatinj 

and  assassins,  was  to  hold  baci 
Istice.    Commodore  Downcswcnl 
inon  and  his  bayonets  struck  tli 
cir  den.    They  paid  in  terror  aiij 
he  outrage  which  was  committcij| 
lesson  was  taught  to  these  distaii| 
iir  antipodes  themselves— that  no( 
-e  diameter  of  this  globe  could  pn 
md  that  the  name  of  Araericf 
hat  of  Roman  citizen  in  the  gn 
lepublic  and  of  the  empire,  wastj 
able  passport  of  all  that  wore  i 
le  whole  extent  of  the  hahit  " 

the  most  gratifying  picture  pn 
0  the  view :  the  public  deU  pai 
duced  one  half;  the  corapletion( 
.fences  systematically  commencedj 
_:  with  Georgia,  uncomplied  vit^ 
low  carried  into  effect,  and  hers« 
freed,  as  her  jurisdiction  has  b 
)m  the  presence  and  encumbn 
,  population.    Mifisir,?ippi  and.\lij 
'ia,  Tennessee,  and  North  Carolim 
la,  Illinois,  Missouri,  »nd  Arkansi 
dl  the  States  encumbered  willii 
lation  have  been  relieved  from  I' 


.nimhrancc ;  and  the  Indians  themselves  have 
t«;n  transferred  to  new  and  iiennanent  home? 

.T(- 


every  expansion  must  Ix-  followed  by  it.«  cnn- 
traction.     I  know  tlint  a  rcvuNion  o*'  the  iiajK.- 
p- way  better  adapted  to  the  enjoyment  of    .'system  is  intvitatiK' ;   but  I  know,  also,  that 
i^ir existence,  the  preserration  of  their  rights,  I  the.«e  scventy-tive  nullion-<  of  pcl.l  and  silvir  is 
"..Ithc  improvement  of  their  condition.  'the  bulwark  of  the  country,  and  will  enable 

-The currency  is  not  ruined!    On  the  con- '  every  honest  bank  to  niect  its  liabilitiis,  and 
..jrv  seventy-five  millions  of  specie  in  the  coun-    every  prudent  citi/.m  to  take  care  of  biinsilf. 


I  trv  IS  a  spectacle  never  seen  before,  and  is  the 

Lrrier  of  the  people  against  the  designs  of  any 

Lks  which  may  attempt  to  suspend  payments, 

Ld  to  force  a  dishonored  paper  currency  upon 

(jc cemmunity.    These  seventy-five  millions  are 

ie  security  of  the  people  against  the  dangers  of 

,  depreciated  and  inconvertible  paper  money. 

gold  after  a  disappearance  of  thirty  years,  is 

Lctored  to  our  covintry.    All  Europe  beholds 

Irth  admiration  the  success  of  our  efforts  in 

liree  years,  to  supply  ourselves  with  the  cur- 

Lncv  which  our  constitution  guarantees,  and 

Lhich  the  example   of  France  and  Holland 

Laws  to  be  so  easily  attainable,  and  of  such  in- 

Lculable  value  to  industry,  morals,  economy, 

Ld  solid  wealth.    The  success  of  these  efforts 

i  styled  in  the  best  London  papers,  not  merely 

ireformation,  but  a  revolution  in  the  currency ! 

revolution  by  which  our  America  is  now  re- 

ming  from  Europe  the  gold  and  silver  which 

le  has  been  sending  to  it  for  thirty  yearc- 

fit 

1  Domestic  industry  is  not  paralyzed ;  confi- 
fciice  is  not  destroyed ;  factories  are  not  stop- 
workmen  are  not  mendiearV    "or  bread 
Ld  employment ;  credit  is  not  c  > !  uguished ; 
tices  have  not  sunk ;  grass  is  not  growing  in 
E  streets  of  populous  cities ;  the  wharves  are 
lot  lumbered  with  decaying  vessels ;  colmnns 
(curses,  rising  from  the  b*^  o.'is  of  a  ruined  and 
ionized  people,  are  not  ascending  to  heaven 
ninst  the  destroyer  of  a  nation's  felicity  and 
losperity.    On  the  contrary,  the  reverse  of  all 
lis  is  true !  and  true  to  a  degree  that  aston- 
jhes  and  bewilders  the  senses.   I  know  that  all 
[not  gold  tiiat  glitters  ;  that  there  is  a  differ- 
!  between  a  specious  and  a  solid  prosperity. 
mw  that  a  part  of  the  present  prosperity  is 
Iparcnt  only — the  effect  of  an  increase  of  fifty 
lillions  of  paper  money,  forced  into  circulation 
jone  thousand  banks ;  but,  after  making  due 
lowance  for  this  fictitious  and  delusive  excess, 
ereal  prosperity  of  the  country  is  still  unprece- 
jntediy  and  transcendently  great.    I  know  that 
fry  flow  must  be  followed  by  its  ebb.  that 


Turning  to  some  points  in  the  civil  adniini-- 
tration  of  President  .Jackson,  and  bow  nnich  do 
we  not  find  to  ndniire  !    The  prcat  cause  of  the 
constitution  has  bfon  vindicated  from  an  impu- 
tation of  more  than  forty  yf^crs'  dun.tion.     He 
has  demonstrated,  by  the  i       itsc'f,  that  a  na- 
tional bank  is  not 'ncces-j.iry' to  thf  fiscal  opera- 
tions of  the  federal  pov."rnmoiit ,  iiu-i  in  that 
demonstration  he  has  upi^et  the  argument  of 
General  Hamilton,  and  the  decision  of  the  Su- 
preme Court  of  the  United  States,  and  all  that 
ever  has  been  said  in  favor  of  the  constitution- 
ality of  a  national  bank.     All  this  argument 
and  decision  rested  on  the  single  assumption 
of  the  '  necessity '  of  that  institution  to  the  fed- 
eral government.    He  has  shown  it  is  not '  ne- 
cessary;' that  the  currency  of  the  constittition, 
and  es^cially  a  gold  currency,  is  all  that  the 
federal  government  wants,  and  that  she  can  get 
that  whenever  she  pleases.    In  this  single  act, 
he  has  vindicated  the  constitution  from  an  un- 
just imputation,  and  knocked  from  under  the 
decision  of  the  Supreme  Court  the  assumed  fact 
on  which  it  rested.     He  has  prepared  the  way 
for  the  reversal  of  that  decision ;  and  it  is  a 
question  for  lawyers  to  answer,  whether  the 
case  is  not  ripe  for  the  application  of  that  writ 
of  most  remedial  nature,  as  Lord  Coke  eills 
it,  and  which  was  invented,  lest,  in  any  case, 
there  should  be  an  oppressive  defect  of  justice ! 
the  venerable  writ  oi  audita  querela  defendeu- 
tis^  to  ascertain  the  truth  of  a  fact  happening 
sine.!  the  judgment ;  and  uprn  the  due  finding 
of  which  the  judgment  ■'"HI  bo  vacated.    Let 
the  lawyers  bring  their  books,  and  answer  us, 
if  there  is  not  a  case  here  presented  for  the 
application  of  that  ancient  and  most  remedial 
vritl 

From  President  Jackson,  the  country  has 
first  learned  the  true  theory  and  practical  in- 
tent of  the  constitution,  in  giving  to  the  Execu- 
tive a  qualified  negative  on  the  legislative  power 
of  Conpiress.  Far  from  being  an  odious,  danger- 
ous, or  kingly  prerogative,  this  power,  as  vested 
in  the  President,  is  nothing  but  a  qualified  copy 


.  f: 


724 


THIRTY  YEAia*  VIEW. 


of  the  famous  veto  power  'ted  iu  the  tribunes 
of  the  people  among  tlie  Romans,  und  intended 
to  susjKiid  the  jiiu'^siigc  of  a  hiw  until  the  people 
themselves  sliould  have  time  to  consider  it.  The 
fiualified  veto  of  the  President  <le.stroys  nothing; 
it  only  delays  the  passage  of  a  law,  and  refers 
it  to  the  jK'opIe  for  their  consideration  and  de- 
cision. It  is  the  reference  of  a  law,  not  to  a 
eoniniittee  of  the  House,  or  of  the  whole  House, 
hut  to  the  committee  of  the  whole  Union.  It 
is  a  recommitment  of  tlij  bill  to  the  people,  for 
them  to  examine  an  J  consider;  and  if,  upon  this 
examination,  they  are  cbntent  to  pass  it,  it  will 
pass  at  the  next  session.  The  delay  of  a  few 
inontlis  is  the  only  effect  of  a  veio,  in  a  case 
where  the  people  shall  ultimately  approve  a 
la  .V ;  where  thoy  do  not  approve  it.  the  interpo- 
sition of  the  veto  is  the  barrier  which  savcL 
them  the  adoption  of  a  law,  the  repeal  of  which 
might  afterwards  be  almost  impossible.  The 
qualified  negative  is,  therefore,  a  beneficent  pow- 
er, intended,  as  General  Hamilton  expressly 
declares  in  the  'Federalist,'  to  protect,  first, 
the  executive  department  from  the  encroach- 
ments of  the  legislative  department;  and.  se- 
condly, to  preserve  the  people  from  hasty,  dan- 
gerous, or  criminal  legislation  on  the  part  of 
their  representatives.  This  is  the  design  and 
intention  of  the  veto  power;  and  the  fear  ex- 
pressed by  General  Ham'lton  was,  that  Presi- 
dents, so  far  from  exercising  it  too  often,  would 
not  exercise  it  as  often  as  the  safety  of  the  peo- 
ple required ;  that  they  might  lack  the  moral 
courage  to  stake  themselves  in  opposition  to  a 
favorite  measure  of  the  majority  of  the  two 
Houses  of  Congress;  and  thus  deprive  the  peo- 
ple, in  many  i.nstances,  of  their  right  to  pass 
upon  a  bill  before  it  becomes  a  final  law.  The 
cases  in  which  President  Jackson  has  exercised 
tl:  u  veto  power  has  shown  the  soundness  of  these 
observations.  No  ordinary  President  would 
have  staked  himself  against  the  Bank  of  the 
United  States,  and  the  two  Houses  of  Congress, 
in  1832.  It  required  President  Jackson  to, con- 
front that  power — to  stem  that  torrent — to  stay 
the  progress  of  that  charter,  and  to  refer  it  to 
the  people  for  their  decision.  His  moral  cour- 
age was  equal  to  the  crisis.  He  arrested  the 
charter  until  it  could  go  to  the  people,  and  they 
have  anested  it  for  ever.  Had  he  not  done  so, 
the  charter  would  have  become  law,  and  its  re- 
peal almost  impossible.   The  people  of  the  whole 


,  Union  would  now  have  ln'cn  in  the  coniliiion  I 
I  the  people  of  Pennsylvania,  l)e>tro(ic  bv  t'    I 
j  monster,  in  daily  confiict  with  him,  ami  mai-. 
j  taining  a  doubtful  contest  for  .supremacy  1 
;  tween  the  government  of  a  StJitc  and  the  dlr  .  I 
tory  of  a  moneyed  corporation. 

To  detail  specific  a  ,t8  which  adorn  the  al- 
mini.^tration  of  President  Jackson,  aud  illu>tr;i'. 
the  intuitive  sagacity  of  his  intellect,  the  fir.v. 
ness  of  his  mind,  his  disregard  of  personal  pdiir, 
larity,  and  his  entire  devotion  t(j  the  puKi, 
good,  would  bo  inconsistent  with  tlii.s  nip, i 
sketch,   intended    merely   to   present   general  I 
views,  and  not  to  detail  single  actions,  how., 
ever  worthy  they  may  be  of  a  splendid  pa<'t  i^i 
the  volume  of  history.     But  how  can  we  pavjl 
over  the  great  measure  of  the  removal  df  tlinl 
public  moneys  from  the  Bank  of  the  Unitcl 
States,  in  the  autumn  of  1833  ?  that  wise,  1|. . 
roic,  and  masterly  measure  of  i)revention,  wliiolj 
has  rescued  an  empire  from  the  fangs  of  a  nm. 
ciless,  revengeful,  greedy,  insatiate,  impIai',iU,.| 
moneyed  power  I    It  is  a  remark  fur  wh.d,  [I 
an:  indebted  to  the  philosophic  obscnatimi  of 
my  most  esteemed  colleague  and  friend  (p.jini.l 
ing  to  Dr.  Linn),  that,  while  it  requiris  farl 
greater  talent  to  foresee  an  evil  before  it  li;ip.r 
pens,  and  to  arrest  it  by  precautionary  nieasuitj  I 
than  it  requires  to  apply  an  adequate  rcmcilvl 
to  the  same  evil  after  it  has  happened,  yet  tlel 
applause  bestowed  by  the  world  is  always  gieati 
est  in  the  latter  case.  .  Of  this,  the  remov  il  ofl 
the  public  moneys  from  the  Bank  of  the  Unito;l[ 
States  is  an  eminent  instance.     The  veto  on 
1832,  which  arrested  the  charter  which  CoiiJ 
gress  had  granted,  immediately  received  the  ap 
plause  and  approbation  of  a  majority  of  tliel 
Union :  the  removal  of  the  deposits,  which  pre-j 
vented  the  bank  from  forcing  a  recharter,  wa 
disapproved  by  a  lr</ge  majority  of  the  countryJ 
and  even  of  his  own  friends ;  yet  the  veto  woul/ 
have  been  unavailing,  and  the  bank  would  ineviJ 
tably  have  been  rechartered,  if  the  deposits  liatj 
not  been  removed.    The  imnense  sums  of  pul> 
lie  money  since  accumulated  would  have  m 
abled  the  bank,  if  she  had  retained  the  jiomii 
sion  of  it,  to  have  coerced  a  recharter.    Noiliini 
but  the  removal  could  have  prevented  her  frod 
extorting  a  recharter  from  the  sufferings  aaJ 
terrors  of  the  people.     If  it  had  not  bcenfoi 
that  neasure,  the  previous  veto  would  havi 
been  unavailing;  the  bank  would  have  hxi 


ANNO  1837.     ANDREW  JACKSON.  rUHSIDENT. 


725 


have  lx;cn  in  tliu  comlition 
innsylvaiua,  U'.->tio(ic  by  t:;« 
conflict  with  him,  and  mair,. 
Ill  contest  for  sujircmacy  1... 
mcnt  of  a  Stiitc  and  tlif  dir>  . 
(1  corporation. 

ific  a  -ts  which  adorn  the  ;,  i.  | 
resident  Jackson,  and  illu.-tr 
icity  of  his  intellect,  tlit  fir.;.. 
his  disregard  of  personal  imi.;;, 
entire  devotion  to  the  pul/ii. 

inconsistent  with  tliis  raps  I 
I   merely  to   present   general 
0  detail  single  actions,  liuw>.j. 
:y  may  be  of  a  splendid  jjage  in  I 
istory.     But  how  can  we  pa.-sl 
measure  of  the  removal  of  tliel 
from  the  Bank  of  the  rnitedj 
,utumn  of  1833?  that  wise,  1,-. 
■ly  meas\irc  of  prevention,  wWA 
empire  from  the  fangs  of  a  mir-l 
il,  greedy,  insatiate,  implai-aU,.,! 
r!    It  is  a  remark  for  wh,dil| 
the  philosophic  obser\atifm  of | 
ned  colleague  and  friend  (poiut-[ 
an),  that,  while  it  rcquire.s  furl 
|o  foresee  an  evil  before  it  li;ip.| 
est  it  by  precautionary  nieasuitJ 
es  to  apply  an  adequate  rtir.c<l; 
il  after  it  has  happened,  yet  M 
red  by  the  world  is  always  grcat-l 
r  case.  .  Of  this,  the  removil  oil 
cya  from  the  Bank  of  the  Unite;! 
jminent  instance.     The  veto  ofl 
rrested  the  charter  which  CoiiJ 
ted,  immedia,tely  received  the  ap- 
probation of  a  majority  of  tlid 
moval  of  the  deposits,  which  pre- 
nk  from  forcing  a  recharter,  waJ 
f  a  lr..-ge  majority  of  the  couutryl 
3  own  friends ;  yet  the  veto  woulJ 
vailing,  and  the  bank  would  incTij 
n  rechartered,  if  the  deposits  liaJ 
ived.    The  immense  sums  of  puM 
ice  accumulated  would  have  enj 
:  if  she  had  retained  the  posscsJ 
a've  coerced  a  recharter.    Noiliini 
ral  could  have  prevented  her  frod 
echartcr  from  the  sufferings  anJ 
people.    If  it  had  not  been  fol 
the  previous  yeto  would  hatJ 
■  •  the  bank  would  have  bwJ 


tr»in  installed  in  |..7wcr;  and  this  entire  federal  ' 
^i-crnment  would  have  l)ocn  held  as  an  nj)pen<I-  ' 
J.,,  to  tlia*  bank,  and  administered  accordinp  to 
Vr  dircotionn,  and   by   her   nominees.      Tliat 
»-cat  niea.sure  of  prevention,  the  removal  of  the  ' 
.i.eposits,  though  feebly  and  faintly  snj.ported  ' 
bv  friends  at  first,  has  ex|)cllcd  the  bank  from  : 
tiic  field,  and  driven  her  into  abeyance  under  a 
ijate  charter.     She  is  not  dead,  but,  holding  ' 
v,.^r  cnpital  and  stockholders  together  unrter  a  | 
state  charter,  she  has  taken  a  position  to  watch 
(vent.«.  and  to  profit  by  them.     The  royal  tiger 
ha.s  gone  into  the  jungle  ;  and,  crouched  on  his 
liellv.  lie  awaits  the  favorable  moment  for  emerg- 
ii,;  from  his  covert,  and  spiinging  on  the  body 
of  the  unsuspicious  traveller ! 

The  Treasury  order  for  exc'  iding  paper  mon- 
tv  from  the  land  oiBces  is  another  wise  mea- 
sure, originating  in  enlightene<l  forecast,  and 
rifcvcnting  great  mischiefs.    The  President  fore- 
saw the  evils  of  suffering  a  fhousand  streams  of 
Mpcr  money,  issuing  from  a  thousand  different 
tanks,  to  discharge  them;  elves  on  the  national 
domain.  He  foresaw  that  if  these  currents  were 
jllowed  to  run  their  course,  that  the  public 
lands  would  be  swept  away,  the  Treasury  would 
te  filled  with  irrcdeemaMe  paper,  a  vast  num- 
l,er  of  banks  must  be  broken  by  their  follj',  and 
the  cry  set  up  that  nothing  but  a  national  bank 
Buld  regulate  the  currency.     lie  stopped  the 
course  of  these  streams  of  paper ;  and,  in  so  do- 
ini.has  saved  the  country  from  a  great  calamity, 
and  excited  anew  the  machinations  of  those 
wticse  schemes  of  gain  and  mischief  have  been 
disappointed ;  and  who  had  counted  on  a  new 
edition  of  panic  and  pressure,  and  again  saluting 
Congress  with  the  old  story  of  confidence  de- 
stroyed, currency  ruined,  prosperity  annihilated, 
tnd  distress  produced,  by  the  tyranny  of  one 
man.    They  began  their  lugubrious  song ;  but 
ridicule  and  contempt  have  proved  too  strong 
for  money  and  insolence ;  and  the  panic  letter 
of  the  ex-president  of  the  denationalized  bank, 
tftcr  limping  about  for  a  few  days,  has  shrunk 
from  the  lash  of  public  scorn,  and  disappeared 
from  the  forum  of  public  debate. 

The  difficulty  with  France :  what  an  instance 
it  presents  of  the  superior  sagacity  of  PresidcL  t 
Jjiksou  over  all  the  commonplace  politicians 
who  beset  and  impede  his  administration  at 
home !  That  difficulty,  inflamed  and  aggravated 
y  domestic  faction,  wore,  at  one  time,  a  por- 


tentous aFpnct  ;  the  skill,  firmness,  elevation  of 
purpose,  and  manly  frankness  of  the  I'n'sidiiit, 
avoidtd  the  dinpr,  nrcoiiii,li;.he<l  the  oKJKt, 
commanded  the  aihniration  of  EiiroiK',  and  n- 
tained  the  friendship  of  Frau<i'.  He  cnnduc'.id 
the  delicate  atlair  to  a  surces.-fu!  and  mutually 
honorable  is,«ue.  All  is  amicably  and  liappily 
terminaled.  leaviivt:  tH't  a  wound,  nor  eviu  a 
.scar,  behind  — leaving  the  Frenchman  and 
American  on  the  ground  on  which  they  have 
stood  for  fifty  years,  and  should  for  ever  stand  ; 
the  ground  of  friendship,  ivsjiect.  good  will,  and 
mutual  wishes  for  the  honor,  happiness,  and 
pro.sjjerity.  of  each  other. 

But  why  this  specification  ?     So  beneficent 
and  so  glorious  has  been  the  administration  of 
this  President,  that  where  to  begin,  anil  where 
to  end,  in  the  enumeration  of  great  measures, 
would  he  the  embarrassment  of  him  who  has 
his  eulogy  to  make.     He  caine  into  office  the 
first  of  geiv  .als ;  he  gois  out  the  first  of  states- 
men.     Ilis  civil  competitors  have  shared  the 
fate  of  his  military  opponents ;  and  ''.Vashingtoii 
city  has  been  to  tliO  American  politicians  who 
have  a.ssailed  liim,  what  New  Orleans  was  to  the 
British  generals  who  attacked  his  lines.     lU  ■ 
pulsed  !    driven   back  !   discomfited  !    crushed  ! 
has  been  tlie  fate  of  all  assailants,  foreign  and 
domestic,   civil   and   militavy.      At   hoi.ic  and 
abroad,  the  impress  of  his  genius  and  of  liis 
character  is  felt.     He  has  impressed  upon  the 
age  in  which  he  lives  tho  stamp  of  his  arms, 
of  his  diplomac},  and  of  his  domestic  policy.  In 
a  word,  so  transcendent  have  been  the  merits 
oi  his  administration,  that  they  have  operated 
a  miracle  upon  the  minds  of  his  most  inveterate 
opponents.     He  has  expunfred  their  objections 
to  military  chieftains !  He  ha.s  shown  them  that 
they  were  mistaken ;  that  military  men  were 
not  the  dangerous  rulers  they  had  imagined,  but 
safe  and  prosperous  conductors  of  the  vessel  of 
state.     lie  has  changed  their  fear  into  Ipve. 
With  visible  signs  they  admit  their  error,  and, 
u.^jtead  of  deprecating,  they  no tv  invoke  the  reign 
of  chieftains.    They  laljored  hard  to  pi  'I'lrc  a_    ^  , 
military  successor  to  the  present  incumbent ; 'S'' '■■<■-'"  *'i* 
and  if  their  love  goes  on  increasing  at  the  samc'-''-"^''^'^'-*" 
rate,  the  republic  may  bo  put  to  the  opense  of 
periodical  wars,  to  breed  a  perpetual  succession 
cf  these  chieftains  to  rule  over  them  and  their 
posterity  for  ever. 


To  drop  this  iron}',  which  the  inconsistency 


726 


TiiiuTY  yi:aii.s'  vikw. 


of  mat!  oppoiiints  hixa  provoked,  and  to  rultim 
to  tliu  (iliiiii  (leliiications  of  )iihtoi'ical  painting, 
the  iiiiml  inslinclivuly  (Iwfllrt  on  the  vast  and 
iiiiprtCfdeMted  pojmlarity  of  ihia  President. 
(Irtat  is  the  inlliicnce,  great  the  power,  greater 
tli.'in  any  man  ever  before  possessed  in  our 
America,  which  lie  has  ncijuired  over  the  public 
mind.  And  liow  has  he  acquired  it  ?  Not  by 
the  arts  of  intrigue,  or  the  juggling  tricks  of 
diplomacy ;  not  by  undermining  rivals,  or  sac- 
rificing public  interests  for  the  gratification  of 
classes  or  individuals.  liut  he  has  acquired  it, 
first,  by  tlie  exercise  of  an  intuitive  sagacity 
which,  leaving  all  book  learning  ut  an  immea- 
surable distance  behind,  has  always  enabled  him 
to  adopt  the  right  remedy,  at  the  right  time, 
and  to  conquer  soonest  when  the  men  of  forms 
and  ofllcc  thought  him  most  near  to  ruin  and 
despair.  Next,  by  a  moral  courage  wliich  knew 
no  fear  when  the  public  good  beckoned  him  to 
go  on.  Last,  and  chiefest,  he  has  acquired  it 
by  an  open  honesty  of  purpose,  wl  ich  knew  no 
concealments ;  by  a  straightforwardness  of  ac- 
tion, which  disdained  the  forms  of  office  and  the 
iirts  of  intrigue ;  by  a  disinterestedness  of  mo- 
tive, which  knew  no  selfish  or  sordid  calcula- 
tion ;  a  devotedness  of  patriotism,  which  staked 
every  thing  personal  on  the  issue  of  every  mea- 
sure which  the  public  welfare  required  him  to 
adopt.  By  these  qualities,  and  these  means,  he 
bus  acquired  his  prodigious  popularity,  and  his 
transcendent  influence  over  the  public  mind; 
and  if  there  are  any  who  envy  that  influence 
and  popularity,  let  them  envy,  also,  and  emulate, 
if  they  can,  the  qualities  and  means  by  which 
they  were  acquired. 

Great  has  been  the  opposition  to  I'resident 
Jackson's  administration ;  greater,  perhaps,  than 
ever  has  been  exhibited  against  any  government, 
short  of  actual  insurrection  and  forcible  resist- 
ance. Rev  - .  ..tion  has  been  proclaimed  !  and 
every  thing  has  been  done  that  could  be  ex- 
pedted  to  produce  revolution.  The  country  has 
been  alarmed,  agitated,  convulsed.  From  the 
Senate  chamber  to  the  village  bar-room,  from 
one  end  of  the  continent  to  the  other,  denuncia- 
tion, agitation,  excitement,  has  been  the  order 
of  the  day.  For  eight  years  the  President  of 
this  republic  has  stood  upon  a  volcano,  vomiting 
fire  and  flames  upon  him,  and  threatening  the 
country  itself  with  ruin  and  desolation,  if  the 
^)Cople  did  not  expel  the  usurper,  despot,  and 


tyrant,  an  he  was  called,  from  the  hi^;li  j,ij(,  j, 
which  the  suH'ra^'es  of  millionN  of  fruum,  ] 
elevated  him. 

Great  is  the  confidence  which  he  has  alwav< 
reposed  in  the  discernment  and  equity  of  t^, 
American  people.  I  have  Ixen  accustoim,!  t, 
see  him  for  many  years,  and  under  many  dij. 
couraging  trials  ;  but  never  saw  him  doubt,  lur 
an  instant,  the  ultimate  support  of  the  ikoi,i^, 
It  was  my  privilege  to  see  him  often,  and  during 
the  most  gloomy  period  of  the  panic  conspiracv 
when  the  whole  earth  seemed  to  be  in  cunimu- 
tion  against  him,  and  when  many  friends  wir,. 
faltering,  and  stout  hearts  were  quailinp,  Ufu^ 
the  raging  storm  which  bank  machination,  an  i 
senatorial  denunciation,  had  conjured  iq)  to  ovi  r- 
whelm  him.  I  saw  him  in  the  darkest  inomcnn 
of  this  gloomy  period ;  and  never  did  I  sec  hU 
confidence  in  the  ultimate  support  of  his  ftHuiv. 
citizens  forsake  him  for  an  instant.  lie  alnayj 
said  the  people  would  stand  by  those  who  staml 
by  them ;  and  nobly  have  they  justifud  that 
confidence !  That  verdict,  the  voice  of  inillions 
which  now  demands  the  expurgation  of  that 
sentence,  which  the  Senate  and  the  lani;  then 
pronounced  upon  him,  is  the  magniticunt  re- 
sponseof  the  people's  hearts  to  the  implicit  cwi- 
fidence  which  he  then  reposed  in  them.  But  i 
was  not  in  the  people  only  that  he  had  confi. 
dence;  there  was  another,  and  a  far  iiightr 
Power,  to  which  he  constantly  looked  to  savi- 
the  country,  and  its  defenders,  from  every  dan. 
ger ;  and  signal  events  prove  that  he  did  not 
look  to  that  high  Power  in  vain. 

Sir,  I  think  it  right,  in  approaching  the  ter- 
mination of  this  great  question,  to  present  this 
faint  and  rapid  sketch  of  the  brilliant,  bcneficwi 
and  glorious  administration  of  President  Jack- 
son. It  is  not  for  me  to  attempt  to  do  it  jus- 
tice ;  it  is  not  for  ordinary  men  to  attempt  its 
history.  His  military  hfe,  resplendent  with 
dazzling  events,  will  demand  the  pen  of  a  neir- 
ous  writer;  his  civil  administration,  replitj 
with  scenes  which  have  called  into  action  t) 
many  and  such  various  passions  of  the  humaa 
heart,  and  which  has  given  to  native  sagacity 
so  many  victories  over  practised  politicians,  will 
require  the  profounu,  luminous,  and  philusophi' 
cal  conceptions  of  a  Livy,  a  Plutarch,  or  a  Sah 
lu  t.  This  history  is  not  to  be  written  in  oui 
day.  The  cotemporaries  of  such  events  are  not 
the  hands  to  doscrilK"  them.  Time  must  lirstiij 


ANNO  1837.     ANDUKW  JACK.SOX,  IllESIKF.NT. 


727 


a  calliil,  from  the  hijjh  place  i^  1 
ttfrfs  of  luillioiiH  of  fnimui  l.,ii 

onfidcnce  which  he  has  alway< 
discernment  ami  ei|iiity  of  t:..) 
i>.     I  have  Ixen  accuslomtd  i, 
ny  years,  and  under  many  (li«- 
, ;  but  never  saw  him  duulji,  ii,r' 
ultimate  support  of  tlie  IK.01.K, 
ilegc  to  see  him  often,  and  ilnrin^ 
ly  period  of  tl»c  panic  consiiiracy. 
c  earth  seemed  to  be  in  t'oiuriij. 
m,  and  when  many  friends  win; 
itout  hearts  were  quailinp,  kfurv 
rra  which  bank  maciunalion,  an  1 
mciation,  had  conjured  up  to  ovir- 
saw  him  in  tlic  darkest  momcim 
f  period ;  and  never  did  I  see  !:is 
;hc  ultimate  support  of  his  ftUuw- 
e  him  for  an  instant,    lie  always 
0  would  stand  by  those  who  stand 
i  nobly  have  they  justified  that 
[hat  verdict,  the  voice  of  million?, 
leraands  the  expurgation  of  that 
ch  the  Senate  and  the  bank  tlicn 
upon  him,  is  the  magnificent  re. 
people's  hearts  to  the  implicit  con- 
he  then  reposed  in  them.    But  it 
le  people  only  that  he  had  confi- 
was  another,  and  a  far  hij[kT 
licb  he  constantly  looked  to  sam' 
and  its  defenders,  from  every  uan. 
lal  events  prove  that  he  did  not 
high  Power  in  vain. 
.  it  right,  in  approaching  the  t.r-' 
this  great  question,  to  present  tliis 
d  sketch  of  the  brilliant,  beneficent,! 
administration  of  President  Jack-i 
ot  for  me  to  attempt  to  do  it  jit 
for  ordinary  men  to  attemiit  itsl 
.  military  life,  resplendent  with] 
Its,  will  demand  the  pen  of  a  ncn 
his  civil  administration,  repkti 
which  have  called  into  action  ioj 
ich  various  passions  of  the  huma: 
hich  has  given  to  native  sagacity 
:orie3  over  practised  politicians,  will 
.rofounu,  luminous,  and  philosophi 
jns  of  a  Livy,  a  Plutarch,  or  a  Sil 
.listory  is  not  to  be  written  in  on 
otemporaries  of  such  events  are  noi 
descrilx-  them.  Time  must  first ' 


■iiiflTicr — nnist  silence  the  paasions, nmove  the 
ictors,  dcvciopc  consequences,  ami  canonize  all 
(jjjt  is  sacred  to  honor,  patriotism,  and  glory. 
I;  lifter  ages  the  historic  genius  of  our  America 
!h»ll  produce  the  writers  vthich  the  subject  de- 
jjjml^^—men  far  remo^  ed  from  the  contests  of 
te  liny,  who  will  know  how  to  estimate  this 
fTfjt  epwh,  and  how  to  a<;quirc  an  immortality 
()r  their  own  names  by  painting,  with  a  mas- 
itr's  hand,  the  immortal  events  of  the  patriot 
President's  life. 
And  now,  sir,  I  finish  the  task  which,  tlirec 
rears  ago,  I  imjwscd  on  myself.    Solitary  and 
ilone,  and  amidst  the  jeers  and  taunts  of  my 
mponcnts,  I  put  this  ball  in  motion.     The  peo- 
ple have  taken  it  up,  and  rolled  it  forward,  and 
Um  no  longer  any  thing  but  a  unit  in  the  vast 
ajjs  which  now  propels  it.     In  the  name  of 
liat  mass  I  speak.    I  demand  the  execution  of 
tkc  edict  of  the  people ;  I  demand  the  expurga- 
tion of  that  sentence  which  the  voice  of  a  few 
ifiiators,  and  the  power  of  their  confederate, 
ite  Bank  of  the  United  States,  has  caused  to  be 
placed  on  the  journal  of  the  Senate ;  and  which 
the  voice  of  millions  of  freemen  has  ordered  to 
ll(  expunged  from  it. 


CHAPTER    CLXI. 

SPfSOINO  RESOLUTION:  MB.  cr,/VT,  MR.  CAL- 
I IIOIN,  MR.  WKBSTER  :  LAST  SCENE :  RESOLU- 
I  HON  PiVSSED,  AND  EXECUTED. 

liTiRDAY,  the  14th  of  January,  the  democratic 

pators  agreed  to  have  a  meeting,  and  to  take 

kir  final  measures  for  passing  the  expunging 

solution.    They  knew  they  had  the  numbers ; 

they  also  knew  that  they  had  adversaries 

p  grapple  with  to  whom  might  be  applied  the 

roud  motto  of  Louis  the  Fourteenth :  "  Not  an 

Kqual  match  for  numbers.'*    They  also  knew 

k  members  of  the  party  were  in  the  process  of 

ating  from  it,  and  would  require  concilia- 

b.  They  met  in  the  night  at  the  then  famous 

ptaurant  of  Boulanger,  giving  to  the  assemblage 

e  air  of  a  convivial  entertainment.  It  continu- 

l  midnight,  and  required  all  the  modera- 

fn,  tact  and  skill  of  the  prime  movers  to  ob- 

and  maintain  the  union  upon  details,  on 

success  of  which  the  fate  of  the  meas- 


ure ilrjx'ndi'il.     The  mm  of  conciluiliDn  wero 
to  l>e  the  efn<i»nt  men  of  that  ni>;lit ;  nml  ,ill 
the  winning  rcsoun-fs  of  AVri;;lit,  .\lliii  of  Ohio 
ond  F.inn  of  Mi«so\iri,  wire  put  into  requisition. 
Then-  wore  s(  rioiis  diirtreiins  iiix.ii   tlic  nnxio 
of  expurgation,  while  iigned  uimjh  the  thing; 
ond   finally    obliteration,   tlic   favorite   of    the 
mover,  was  given  up;  and  the  mode  of  expurga- 
tion adopted   wliich  ha<l  been  proposed  in  tlio 
resolutions  of  the  General  Assembly  of  Virginia ; 
namely,  to  inclose  the  obnoxiou.s  ficntence  in  a 
sqti.ire  of  black  lines — an  oblong  scjuare  :  a  com- 
promise of  opinions  to  which  the  mover  agreed 
uprm  condition  of  being  allowed  to  coinjiose  the 
epitaph—''  Expunged  by  the  order  of  the  .Se- 
nate."   The  agreement  which  was  to  lead  to 
victory  was  then  adopted,  each  one  severally 
pledging  himself  to  it,  that  there  should  be  uo 
adjouninicnt  of  the  Senate  after  the  resolution 
was  called  until  it  was  passed ;  ai-d  that  it  should 
be  called  immediately  after  the  niorninj:  business 
on  the  Monday  ensuing.     Expecting  a  protract- 
ed session,  extending  through  th.'  day  and  night, 
and  knowing  the  diliiculty  of   keeping  men 
steady  to  their  work  and  in  good  hum<  ir,  whi-n 
tired  and  hungry,  the  mover  of  the  proceeding 
took  care  to  provide,  as  far  as  possible,  against 
such  a  state  of  tilings;  and  gave  orders  that 
night  to  have  an  ample  supply  of  cold  hams, 
turkeys,  rounds  of  beef,  pickles,  wines  and  cups 
of  hot  coflbe,  ready  in  a  certain  committee  room 
near  the  Senate  chamber  by  four  o'clock  on  tlui 
afternoon  of  Monday. 

The  motion  to  take  up  the  subject  was  made 
at  the  appointed  time,  and  immediately  a  debate 
of  long  speeches,  chiefly  on  the  other  side,  o[)eii- 
ed  itself  upon  the  question.  It  was  evident 
that  comsumption  of  time,  delay  and  adjourn- 
ment, was  their  plan.  The  three  great  leaders 
did  not  join  in  the  opening ;  but  their  place  was 
well  supplied  by  many  of  their  friends,  able 
speakers — some  effective,  some  eloquent :  Pres- 
ton of  South  Carolina ;  Richard  II.  Bayard  and 
John  M.  Clayton  of  Delaware ;  Crittenden  of 
Kentucky ;  Southard  of  New  Jersey ;  White  of 
Tennessee ;  Ewing  of  Ohio.  They  were  only  the 
half  in  number,  but  strong  in  zeal  and  ability,  that 
commenced  the  contest  three  yeare  before,  rein- 
forced by  Mr.  White  of  Tennessee.  As  the  dark- 
ness of  approaching  night  came  on,  and  the  great 
chandelier  was  lit  up,  splendidly  illuminating  the 
chamber,  then  crowded  with  the  members  of  the 


(••■'i 


728 


THIItTV  YKAUS'  VIEW 


IIoiiw,  nnd  the  lobhii-H  niul  pallcrioa  flllc<l  to 
thfir  iitino.'-t  rapacity  l)y  visitor-i  niid  Hi>cctntrir:<, 
till'  scene  Ix'caiiii'  (rrand  nni]  iinjirf ssivc.  A  ffw 
sjioke  on  tlu;  cide  of  tlii.'  reHoIiilioii— (.•hielly 
KiT<N,  liiichannn,  Niles  —  and  with  an  air  of 
ca«t'  and  Ka'isfaction  that  hesjiokc  a  rjnict  dctor- 
iiiinat'on,  ami  a  conBriouKncss  of  victory.  The 
oniiiiitti'c  room  had  Ix'cn  resorted  to  in  parties 
of  four  unil  six  at  a  time,  always  Icavinc:  cnouph 
on  watch  :  nnd  not  resorted  to  hy  one  side  alone. 
The  opposition  were  invited  to  a  fidl  participa- 
tion— an  invitation  of  wliich  those  who  were 
able  to  maintain  their  pood  temper  readily  avail- 
ed thcniRelves ;  but  the  t^reater  part  were  not  in 
a  humor  to  eat  any  thing — especially  at  such  a 
fi;ast.  The  nitwit  was  wearing  awaj' :  the  ex- 
pungers  were  i.j  fidl  force — ma-sters  of  the  cham- 
ber— ha;)py — and  visibly  determined  to  remain. 
It  became  evident  to  the  great  opposition  leaders 
that  the  inevitable  hour  liad  come :  that  the 
damnable  detvl  vas  to  be  done  that  night:  and 
that  the  dignity  i;''.<ilence  was  no  longer  to  them 
a  tenable  position.  The  battle  was  going  against 
them,  and  they  must  go  into  it,  without  being  able 
to  re-establish  it.  In  the  beginning,  they  had 
not  considered  the  expunging  movement  a  scri- 
ons  pioeceding:  as  it  advanced  they  still  expect- 
ed it  to  miscarry  on  some  point :  now  the  real- 
ity of  the  thing  stood  before  them,  confronting 
their  presence,  and  refusing  to  "  down  "  at  any 
command.  They  broke  silence,  and  gave  vent 
to  language  which  bespoke  the  agony  of  their 
feelings,  and  betrayed  the  revulsion  of  stomach 
with  which  they  approached  the  odious  subject. 
Mr.  Calhoun  said : 

"No  one,  not  blinded  by  party  zeal,  can  pos- 
sibly be  insensible  that  the  measure  proposed  is 
a  violation  of  the  constitution.  The  constitution 
requires  the  Senate  to  keep  a  journal;  this  re- 
solution goes  to  expunge  the  journal.  If  you 
may  expunge  a  part,  you  may  expunge  the 
whole ;  and  if  it  is  expunged,  how  is  it  kept  ? 
The  constitution  says  the  journal  shall  be  kept; 
this  resolution  says  it  shall  be  destroyed.  It 
dojs  the  very  thing  which  the  constitution  de- 
clares shall  not  be  done.  That  is  the  argument, 
the  whole  argument.  There  is  none  other. 
Talk  of  precedents  ?  and  precedents  drawn  from 
a  foreign  country?  They  don't  apply.  No, 
sir.  This  is  to  be  done,  not  in  consequence  of 
argument,  but  in  spite  of  argument.  I  under- 
stand the  case,  I  know  perfectly  well  the  gen- 
tlemen have  no  liberty  to  vote  otherwise.  They 
lire  coerced  by  an  exterior  power.  They  try, 
Indeed,  to  comfort  their  conscience  by  saying 
Lhat  it  is  the  will  of  the  people,  and  thevoicj  of 


the  people.    Tt  i«  no  purh  thing.    AVc  aj]  )^^ 
h<  w  these  Icgislativontums  havplKcnolitsivj'i 
It  is  by  dictation  from  the  AVhite  Ilousj.,    fj j 
President  himself,  with  that  vast  moss  <if  pair, 
age  which  he  wields,  and  the  thouMnfl  cxu,- 
tions  he  is  able  to'  hold  up,  has  obtniiucj  \\,,.i 
votes  of  the  .State  liOgislatures ;  aiid  thi-i.  f  4 
sofith,  is  said  to  \tc  the  voice  «(f  the  pe'i|ilc.    "wj 
voice  of  the  jn'ople !     Sir,  can  we  forp^  |i 
fcene  which  wa.s  exhibited  in  thischanilKTwl, 
that  expunging  resolution  was  first  iutnuli:,: 
hero?     Have  wn  forgotten  the  univeival  piv; 
way  of  conscience,    ko  that  the  Senator  IV 
Missouri  was  left  alone?    I  see  bcforc  mi,, 
tators  who  could  not  swallow  that  resulutiuni 
and  has  its  nature  changed  since  then?    I; 
any  more  constitutional  now  than  it  v.iis  thcni 
Not  at  all.    IJut  executive  power  has  intent 
ed.    Talk  to  me  of  the  voice  of  the  people !   .\,j 
sir.    It  is  the  combination  of  patronapc 
jiower  to  coerce  this  body  into  a  gross  ami  yM 
pable  violation  of  the  constitution.    Some  inili 
viduala,  I  perceive,  think  to  escape  throuirh  t;, 
particular  form  in  which  thia  act  is  to  Iw  rti] 
petratcd.    They  tell  us  that  the  resolution  J 
your  records  is  not  to  be  expunged,  but  i ,  nnll 
to  bo  endorsed '  Expunged,'    Keally,  sir,  1  A 
not  know  how  to  argue  against  such  contcmptl 
ble  sophistry,     Tho  occasion  is  too  solemn  fj 
an  argument  of  this  sort.    You  are  pninz  i 
violate  the  constitution,  and  you  get  rid  of  thl 
infamy  by  a  falsehood.    You  yourselves  sa'-  M 
the  resolution  is  expunged  by  your  order,   vi 
you  say  it  is  not  expunged.    You  put  your  aJ 
in  express  words.     You  record  it,  and  then  tun 
round  and  deny  it. 

"  But  why  do  I  waste  my  breath  ?    I  kiioil 
it  is  all  utterly  vain.     The  day  is  gone ;  nii;]; 
approaches,  and  nighl  is  suitable  to  the  darl 
deed  we  meditate.    There  is  a  sort  of  ilestinl 
in  this  thing.    The  act  must  be  performed ;  aol 
it  is  an  act  which  will  tell  on  the  political  histq 
ry  of  this  country  for  ever.     Other  prccedini 
violations  of  the  constitution  (and  they  kd 
been  many  and  great)  filled  my  bosom  with  i 
dignation,  but  this  fills    it  only  with  griej 
Others  were  done  in  the  heat  of  party.    Powtj 
was,  as  it  were,  compelled  to  support  itself  bl 
seizing  upon  new  instruments  of  influence  i 
patronage  ;  and  there  were  {^mbitious  and  abl| 
men  to  direct  the  process.    Such  was  the  i 
moval  of  the  deposits,  which  the  President  sei^ 
ed  upon  by  a  new<and  unprecedented  act  of  i 
bitrary  power ;    an  act  which  gave  him  ampl 
means  of  rewarding  friends  and  punishing  enJ 
mies.      Something  may,  perhaps,  be  pardontf 
to  him  in  this  matter,  on  the  old  apolopyo 
tyrants — the  plea  of  necessity.    But  here  I 
can  be  no  such  apology.    Here  no  necessity  c 
so  much  as  be  pretended.    This  act  origitutd 
in  pure,  unmixed,  personal  idolatry.    It  is  tij 
melancholy  evidence  of  a  broken  spirit,  ready  o 
bow  at  the  feet  of  power.    The  former  act  v 
such  a  one  as  might  have  been  perpetrated  i 
the  days  of  Pompey  or  Caesar ;  but  an  act  liil 


ANX<)  18n7.     ANDllKW  .lArK'SOX,  1'1{I>IIiI:NT. 


720 


is  no  K'lrh  thinjr.  ^V(<  sH  ]^,f,.^ 
lativo  rc'tum!<  linvo  Ikcd  o)it»iv,j 
m  friiin  tlic  AVhito  Hints*.,  fij 
I'lf.  with  tliat  vast  mass  r.f  pat,, 
ifMn,  nn<l  the  thousand  <'.\|(.-,^| 
B  to'  hold  up.  has  ohtaiiiicl  i|, 
tftte  LejrinluttirPH ;  ntid  thivfrj 
>  be  the  volte  of  the  |a'0|,le.  T, 
)t'opU' !  Sir,  can  we  foiyit  ii( 
IS  exhibited  in  this  chamlKT  «| , 
;  resolution  was  first  iiitMuc!, 
\'o  fort;otteu  tho  univi'!>al  piv; 
ence,  eo  that  the  senator  fi 
left  alone  t  1  see  heforc  mi  -, 
lid  not  swallow  that  resolutidi; 
ure  changed  since  then?  ].  m 
titutional  now  than  it  was  th(ii| 
ut  executive  power  Ims  intiq*  J 
le  of  the  voice  of  the  people !  N  | 
(  combination  of  patronapc  sr.l 
•c  this  body  into  a  riosr  ami  \am 
I  of  the  constitution.  Some  inlJ 
cive,  think  to  escape  throufrh  ti.J 
n  in  which  thia  act  is  to  Ik!  pH 
Dy  tell  us  that  the  resolutiDn  (« 
s  not  to  be  expunged,  but  ii  nnlj 
id '  Expunged.'  Keally,  sir,  1  dl 
,-  to  argue  against  Buch  contcmiitil 
The  occasion  is  too  solcinn  fol 

of  this  sort.  You  are  poirj;  tl 
nstitution,  and  you  get  rid  of  thj 
Isehood.    You  yourselves  say  thJ 

is  expunged  by  your  order.  Yd 
lot  expunged.  You  jiut  your  acj 
rds.     You  record  it,  and  then  tun 

ly  it.  , 

do  I  waste  my  breath  ?    I  kiicij 
ly  vain.    The  day  is  gone ;  nisiJ 
lid  nighl  is  suitable  to  the  darl 
tate.    There  is  a  sort  of  dostinj 
The  act  must  be  performed  j  ail 
lich  will  tell  on  the  political  hista 
untry  for  ever.    Other  precodiu 
the  constitution  (and  they  m 
id  great)  filled  my  bosom  with  id 
it  this  fills    it  only  with  griti 
done  in  the  heat  of  party.    Powd 
:e,  compelled  to  support  itself  bj 
new  instruments  of  influence  ail 
nd  there  were  ambitious  and  abl 
t  the  process.    Such  was  the  ra 
deposits,  which  the  President  sd 
new  <and  unprecedented  act  of  ai 
r ;    an  act  which  gave  him  ampl 
arding  friends  and  punishing  enJ 
ithing  may,  perhaps,  be  pardoncj 
lis  matter,  on  the  old  apolofn^d 
plea  of  necessity.    But  here  tkij 
;h  apology.    Here  no  necessity  ( 
je  pretended.    This  act  originstd 
lixed,  personal  idolatry.    It  is  id 
ividence  of  a  broken  spirit,  rcadn 
jet  of  power.    The  former  actd 
8  might  have  been  perpetrated)^ 
Pompey  or  Caesar ;  but  an  act  P 


tofould  never  Iiave  licen  consnnunattil  by  a 
It  man  Senate  until  the  times  of  Cali-iil.i  and; 

J[r.  Cnlhoim  was  rijrht  in  his  tannr  about  tlic 

Liversal  giving  way  when  the  ri'solutii'n  wnH  ^ 

{-it  introduced — the   solitude   in   which    the 

,vtr  was  then  left — and  in  which  «olitu<Ic  lie  ' 

hwld  have  In  ;i  left  to  the  end,  had  it  not  been  | 

(.rhis  couin,2c  in  reinstating  the  word  expunge, 

lindarF»''"K  '"  ^'''^  p<>oplc. 

Mr.  Clay  conimencefl  with  showin?;  -.lint  he 
\yl  ncvcrbi'lieved  in  the  reality  of  the  procecd- 

b;  until  now  ;  that  he  had  considered  the  rcso- 
k'ion  iiR  a  thing  to  be  taken  up  for  a  speech. 

isd  laid  down  when  the  speech  was  delivered  ; 
Ifinl  that  the  last  laying  down,  at  the  previous 
\mon,  was  the  end  of  the  matter.     lie  .^aid : 

■•Considerine  that  ho  was  the  mover  of  the 
ruhition  of  Jfarch,  18.14.  and  the  consequent 
Iftlation  in  which  ho  stood  to  the  majority  of 
litie  Senate  by  whose  vote  it  was  adopted,  he 
Ld  felt  it  to  be  his  duty  to  say  something 
Im  this  expunging  resolution;  and  ho  had 
Islirays  intended  to  do  so  when  he  should  be 
Irorsimded  that  there  existed  a  settled  purpose 
Iff  pressing  it  to  a  final  decision.  But  it  had 
ll«n  60  taken  up  and  put  down  at  the  lost  kcs- 
Isioii— taken  up  one  dav,  when  a  speech  was 
Irrtpared  for  delivery,  and  put  down  when  it  was 
Irrnnonnced — that  he  had  really  doubted  whe- 
litcr  there  existed  any  serious  intention  of  ever 
Iptting  it  to  the  vote.  At  the  rery  clo.se  of  the 
Ibst  session,  it  will  be  recollected  that  the  reso- 
llition  came  up,  and  in  several  quarters  of  the 
|?cnRto  a  disposition  wa.s  manifested  to  come  to 
li  definitive  decision.  On  that  occasion  ho  had 
Icffcred  to  waive  his  right  to  address  the  Senate, 
lind  silently  to  vote  upon  the  resolution ;  but  it 
lias  again  laid  upon  the  table ;  and  laid  there  for 
liver,  as  the  coimtry  suppo.sed,  and  as  he  be- 
IlicTed.  It  is,  however,  now  revived ;  and,  sun- 
Idrj-  changes  having  taken  place  in  the  members 
lof  this  body,  it  would  seem  that  the  present 
Idcsipi  is  to  bring  the  resolution  to  an  absolute 
Iconclusion." 

Then,  after  an  argument  against  the  expurga- 
Ition,  which,  of  necessity,  was  obliged  to  be  a 
apitulation  of  the  argument  in  favor  of  the 
joriginal  condemnation  of  the  President,  he  went 
pn  to  give  vent  to  his  feelings  in  expressions  not 

SB  bitter  and  denunciatory  of  the  President 

nd  his  friends  than  those  used  by  Mr.  Calhoun, 

Hying: 

"But  if  the  matter  of  expunction  be  contrary 
|o  the  truth  of  the  case,  reproachful  for  its  base 
lubscrviency,  derogatory  from  the  just  and  ne- 


res'ary  powers  of  tho  SVnnfe.  and  rf]iutrnnnt  tn 
till'  conctitiitii'n  of  the  Tnitcd  .*siatcs  tltn  nmn- 
iHT  in  which  it  is  pn>p<>so<l  to  accotniiJiMh  thin 
ilark  dri'd  is  nl>ci  lii;:lily  cxciplionnbic.  The 
cxpuiijriug  rt'MiItiiion.  wjiich  is  to  Mot  out  or 
enshroud  tlic  four  <ir  live  lims  in  wtiii'h  the 
risolutinn  of  l.sill  stands  ncordfil.  ut  nitliir 
the  ii'cituls  by  wliidi  it  is  preceded,  arc  spun 
out  into  u  tlireiid  of  ennrnious  Kiiirtli.  It  riiux, 
whereas,  and  whereas,  and  whereas,  and  where- 
as, niid  wliere.'is,  Ac,  into  a  forniidaliic  iirrny  of 
nine  several  whereases.  One  who  should  have 
the  courage  to  begin  to  read  tliein,  unaware  of 
what  was  to  be  their  termination,  woidd  think 
that  at  the  end  of  such  a  tremendous  display  ho 
must  lind  the  very  devil." 

And  then  coming  to  the  conclusion,  he  con- 
centrated his  wrath  and  grief  in  an  apostro- 
phizing peroration,  which  lacked  nothin;<  but 
verisimilitude  to  have  been  grand  and  all'ecti.ig. 
Thus : 

"  But  why  should  I  detain  the  Senate,  or 
needlessly  waste  nn'  breath  in  fruitless  exer- 
tions. 'r\\)s  decree  nas  gone  forth.  It  is  one  of 
urgency,  too.  'i  he  deed  is  to  be  done — that  foul 
deed  which,  like  the  blood-stained  hands  of  the 
guilty  ilaebcth,  all  ocean'.-?  waters  will  never 
wash  out.  Proceed,  tlien,  with  the  noble  work 
which  lies  before  you,  and,  like  other  skilful 
executioner.s.  do  it  quickly.  And  when  you  have 
perpetrated  it,  go  home  to  the  people,  and  tell 
them  what  glorious  honors  you  have  achieved 
for  our  common  country.  Tell  them  that  you 
have  extinguished  one  of  the  brightest  and 
purest  lights  that  ever  burnt  at  the  altar  of 
civil  liberty.  Tell  them  that  you  have  silenced 
one  of  the  noblest  batteries  that  ever  thundered 
in  defence  of  the  constitution,  and  bravely  spiked 
the  cannon.  Tell  them  that,  henceforward,  no 
matter  what  daring  or  outrageous  act  any-  Presi- 
dent may  perform,  you  have  for  ever  hermeti- 
cally sealed  the  mouth  of  the  Senate.  Tell 
them  that  he  may  fearlessly  assume  what  pow- 
ers he  pleases,  snatch  from  its  lawful  custody 
the  public  purse,  command  a  military  detach- 
ment to  enter  the  halls  of  the  capitol,  overawe 
Congress,  trample  down  the  constitution,  and 
raze  every  bulwark  of  freedom ;  but  that  the 
Senate  must  stand  mute,  in  silent  submission, 
and  not  dare  to  raise  its  opposing  voice.  That 
it  must  wait  until  a  House  of  Representatives, 
humbled  and  subdued  like  itself,  and  a  majority 
of  it  composed  of  the  partisans  of  the  President, 
shall  prefer  articles  of  impeiichmcnt.  Tell  them, 
finally,  that  you  have  restored  the  glorious  doc- 
trines of  passive  obedience  and  non-resistance. 
And,  if  the  people  do  not  pour  out  their  indig- 
nation and  imprecations,  I  have  yet  to  learn  the 
character  of  American  freemen.'* 

Mr.  Webster  spoke  last,  and  after  a  pause  in 
the  debate  which  seemed  to  indicate  its  concl^- 


I  I 


730 


THIRTY  VKARS'  VI]. kV. 


fiion}  and  only  roMv,  and  tlint  Nlnwly,  u  the 
(|\u'Hfi()ti  wn>,  (il)(iiil  t'l  1)0  put.  IFdvinn  no  jht- 
soniil  ^TiffH  ill  n-lnti'in  to  Cn  tiernl  Jncksnn  liKf 
Mr.  Ciillioim  and  Mr.  Clay,  and  iv 'ij  v  U  miHra- 
ment  hss  ardnit,  he  dilivind  li  ,  -'  ii  villi  coni- 
|i:in»livt'  inodt  ration, coii(iuin;r  hinisolf  to  a  brief 
protiHt  nirninst  (ho  not  j  and  c')nchidin;r,  in  mea- 
sured and  oonsidcriMl  lanpui^jc,  witli  exiins.sinj? 
liis  {jricf  and  niortillcation  ut  what  lie  was  to 
bciiold ;  thiiH : 

"  Wc  have  seen,  witli  deep  and  .sincere  pain, 
tho  kyislaturiH  of  respectnljie  States  iiint  meting 
the  senators  of  those  States  to  vote  for  and  Kup- 
port  this  viohition  of  the  journal  of  tiic  Senate; 
and  this  pain  is  infinitely  increased  hy  otir  full 
belief,  and  entire  conviction,  that  niost,  if  not 
till  these  proceedings  of  States  had  their  origin 
in  ]>roiniitin(rs  from  AVashin^^ton ;  that  they 
Jiave  been  nr(;eiitly  rtMjuested  and  insisted  on, 
11-  bcinv:  necessary  to  the  accomplislinient  of  the 
intended  purpose ;  and  that  it  is  nothing  else 
but  tho  influence  and  power  of  the  executive 
branch  of  this  government  which  has  brought 
the  legislatures  of  so  many  of  the  free  States  of 
this  Union  to  (juit  tlie  ephere  of  their  ordinary 
duties,  for  the  jiurpose  of  co-operntiiig  to  accom- 
plish a  measure,  in  our  judgment,  so  unconsti- 
tional,  so  derogatory  to  the  character  of  the 
Senate,  and  marked  with  so  broad  an  impression 
of  compliance  with  power.  Ihit  this  resolution 
is  to  pass.  AVe  expect  it.  That  cause,  which 
has  l»een  powerful  enough  to  influence  so  many 
State  legislatures,  will  show  itself  powerful 
enough,  especially  with  such  aids,  to  secure  the 
passage  of  the  resolution  hero.  We  make  up 
our  minds  to  behold  tlio  spectacle  which  is  to 
ensue.  Wo  collect  ourselves  to  look  on,  in  si- 
lence, while  a  scene  is  exhibit 'd  which,  if  we  did 
not  regard  it  as  a  rutldess  violation  of  a  suned 
instrument,  would  appear  to  us  to  bo  little  ele- 
vated above  tho  character  of  a  contemptible 
farce.  This  scene  wc  shall  behold ;  and  hun- 
dreds of  American  citizens,  as  many  as  may 
crowd  into  these  lobbies  and  galleries,  will  be- 
hold it  also:  with  what  feelings  I  do  not  under- 
take to  say." 

Midnight  was  now  approaching.  The  dense 
masses  which  filled  every  inch  of  room  in  the 
lobbies  and  the  galleries,  rciuaincd  immovable. 
No  one  went  out:  no  one  could  get  in.  Tho 
floor  of  the  Senato  was  crammed  with  privileged 
persons,  and  it  seemed  that  all  Congress  was 
there.  Expectation,  and  determination  to  see 
the  conclusion,  was  depicted  upon  every  counte- 
nancc.  It  was  evident  there  was  to  bo  no  ad- 
journment until  the  vote  should  be  taken — until 
the  deed  was  done ;  and  this  aspect  of  invinci- 
ble determinaliou,  bad  its  effect  upon  the  ranks 


of  the  >,jifM.sltion.  They  In-gan  to  fi,lt,.r  1,^,5 
n  MselcHd  iH-rnistcncc,  f"r  they  alono  now  fl„|  iw 
Nixakinjr;  andwliile  Mr.  Wihstir  wn,  v,t 
citing  his  protest,  two  ocnatorfi  from  the  <,,, 
site  side,  who  had  been  1«st  able  to  nmintaii,  ti,,,! 
equanimity,  came  round  to  the  author  (,f  tj 
View,  and  said  " This  question  has  dictmriiJ 
into  a  trial  of  nerves  ami  'uuscles.  It  hj, 
come  a  ((uestion  of  physi*  ul  enduranne ;  urnl 
see  no  use  in  weariiiir  ourselves  out  to  ki\p, 
for  a  few  hours  longi.  what  has  to  come  luf.J 
wo  sepai  ite.  We  see  that  you  are  able  a™ 
determined  to  irry  your  measure;  so  call  th 
vote  as  soon  as  you  please.  AVo  shall  say 
more."  Mr.  Webster  concluded.  N'ooiicriisi 
There  was  a  i)ause,  a  dead  .-ilence,  ami  uii  iniwu 
ficling.  Presently  the  silence  was  iuvadeil  ],] 
tho  single  word  "question"— the  pniliamtJ 
tary  call  for  a  vote — rising  from  the  scats 
different  senators.  One  blank  in  the  risolTl 
remained  to  bo  filled — tho  date  of  its  ailiiptioJ 
It  was  done.  The  acting  president  of  th^'  ,'«i 
natc,  Mr.  King,  of  Alabama,  then  directed  tlJ 
roll  to  bo  called.  Tho  yeas  and  nays  had  kti 
previously  ordered,  and  proceeded  to  be  calld 
l>y  the  secretary  of  tho  Senate,  Mr.  Asljim 
Dickens.  Forty-three  senators  were  |iri;senl 
answering:  five  absent.     The  yeas  were : 

"Messrs.  Benton,  Brown,  Buchanan,  DanJ 
Ewing  of  Illinois,  Fulton,  Grundy,  Ilubbat^ 
King  of  Alabama,  Linn,  Morris,  Nicholas,  Nila 
Page,  Rives,  Robinson,  Rugglos,  Sevier,  .Stranp 
Tallmadgo,  Tipton,  Walker,  Wall,  Wright. 

"Nays. — Messrs.  Bayard,  Black,  (.'alhouiJ 
Clay,  Crittenden,  Davis,  Ewing  of  Ohio.  HeJ 
dricks,  Kent,  Kright,  Moore,  Prentiss,  Preston 
Robbins,  Southard,  Swift,  Tomlineon,  Wcbsteil 
White." 

Tho  passage  of  the  resolution  was  announceJ 
from  the  chair.  Mr.  Benton  rose,  and  said  tlii[ 
nothing   now  remained  but   to   execute  thi 
order  of  the  Senate ;  whick  he  moved  be  donj 
forthwith.    It  was  ordered  accordingly.   Thj 
Secretary   thereupon    produced    the  origira 
manuscript  journal  of  the  Senate,  and  openiii 
at  the  page  which  contained  the  condcmnatorj 
sentence  of  March  28th,  1834,  proceeded  iJ 
open  Senate  to  draw  a  square  of  broad  blacl 
lines  around  tho  sentence,  and  to  write  acroa 
its  face  in  strong  letters  these  words:  "Ei| 
punged  by  order  of  tho  Senate,  <tilaa  IGth  dtl 
of  March,  1837."    Up  to  this  momont  thecrc»ij 


ANNO  1S37.    AM»i;t\V  JACKSKN,  l'IU>II>E.NT. 


731 


on.     TlM-y  liopiii  to  fult.r  un^ 
itcnoc.  f'Ttlicy  nl«mc  now  ili,|  |J 

wliilo  Mr.  Wili>.t(r  w;n  v,t] 
•Bt,  two  Kcnators  fMin  tV.  ,,,,, 
1(1  Ikx'ii  Ih'hI abl<.'  to  iimintaiii  ilaj 
iiio  riiuiul  to  tlie  outlmr  r,f  lij 

•' Tills  qiu Htion  iioci  digtnirsj 
iicnoM  ami  niusck-s.    It  has 
n  (if  phj'Mitiil  eiidiiranw;  aiiih 
VL'jiriiicr  ourselves  out  in  kivpi* 
\i  longc.  what  has  to  conn-  UfyJ 

"\Vu  Bfc  tliat  you  aru  abli. 
irry  your  incaHiir*':  so  call  th 
1  you  iilease.    AVo  shall  say 
Vcbster  coiuludcd,     Nodiic  mi 
luse,  a  dead  .-dcnce,  ami  an  iintiu 
jutly  tlui  bileuce  was  iiivaild 
>ri\  "question" — the  paiimmij 
I  vote — rising  from  the  scats 
tors.    One  blank  in  tlio  rtsolJ 
e  filled — the  date  of  its  ailnptioi^ 

The  noting  president  of  tho  :<« 
g,  of  Alabama,  then  dirt'cted  thj 
I'd.  The  yeas  and  nays  had !«! 
lered,  and  proceeded  to  be  taiy 
ary  of  the  .Senate,  Mr.  Aslmr] 
rty-three  senators  were  prusenj 
re  absent.     The  yeas  were : 

lenton,  Brown,  Buchanan,  DanJ 
inois,  Fulton,  Grundy,  HubhatJ 
nia,  Linn,  Morris,  Nicholas,  Nilei 
obinson,  Ruggles,  Sevier,  Htranp 
pton.  Walker,  Wall,  Wright. 

essrs.  Bayard,  Black,  I'alhouiJ 
den,  Davis,  Ewing  of  (Jhii .  Henl 
Kright,  Moore,  Prenti.ss,  I'restoJ 
hard.  Swift,  Tomlineon,  Welstel 

3  of  the  resolution  wa.s  announceij 
r.  Mr.  Benton  rose,  and  said  tiia 
remained  but    to    execute  lb 
Senate ;  whicli  he  moved  be  doa 
t  was  ordered  accordingly.  Tb 
ereupon   produced    the  origin 
mrnal  of  the  Senate,  and  cpcnii 
Inch  contained  the  condcmnaton 
March  28th,   1834,  proceeded 
0  draw  a  square  of  broad  blacil 
the  sentence,  and  to  write  acroa 
trong  letters  these  words:  "Ei| 
(Icr  of  the  Senate,  4138  ICth  d»i 
J7."    Up  to  this  moioont  the  crc«| 


;h*^at  circular  gallery,  looking  down  upon 

.Senate,  though  bulUn  and  menacing  in  their 

,.,  had  nia<lo   no   nianifentafion  of  fveling; 

,iit  W1I*  d"<ibtl«>s   not  the  intention  of  Mr. 

!„'tr  to  excite  that  nianifi  station  when  he 

Urn"!  to  their  nuiiiberH,  and  expresse*!  his  ig- 

nniv  of  the  feeling  with   which  they  would 

(ill.  deed  done  whiih  he  mo  much  depn-catcd. 

i,iihiU'*s  no  one  intemledto  excite  that  crowd, 

nly  eoni|K)8ed,   (w  of  uKual  since  the  bank 

u.ti.m  U'gan,  of  friends  of  that  iiiHtitution  ; 

y:  it-*  ftp|icarnni"o  Ix-'cniif        h   that  .Senator 

;:n,t')lleiigue  of  .Seiiiitor 

iin*.  Hiii'e  senator  '  ■ 

t;  and  brought  in  arms       lb. 

^yjt  Iiim  J  among  them 

tj'.U'riiig    what    had  b 


^Ir.  (JeorgeW, 
'hers  sent 
.rathered 
.  who,  re- 
I'liud    to   General 


ckson,  aiul  knowing  that,  after  him,  her  hus- 
j:i,lwa.s  most  obnoxious  to  the  bank  party, 
klher  anxiety  sufllciently  excited  to  wish  to 
[mr  him  in  this  concluding  scene  of  a  seven 
(jr?'  contest  with  tliat  great  moneyed  power. 
hin.'-i  were  in  this  state  when  the  Secretary 
nhe  .Sen  tto  began  to  jjerform  the  expunging 
U"i3  0u  the  manuscript  journal.  Instantly 
lilurm  of  hisses,  groans,   and   vociferations 

;  from  the  left  wing  of  the  circular  gallery, 
Icr  the  head  of  Senator  Benton.  The  presid- 
j  officer  promptly  gave  the  order,  which  the 
Ill's  prescribe  in  such  cases,  to  clear  the  gallery. 

.  Bcuton  opposed  the  orJer,  saying : 

■I  hope  the  galleries  will  not  be  cleared,  as 

inv  inn>3cent  persons  will  bo  excluded,  who 

Jit  been  guilty  of  no  violation  of  order.     Let 

rntliuns  who  have  made  the  disturbance 

inc  be  punished:  let  them  bo  apprehended. 
iope  the  sei-gvant-at-arms  will  be  directed  to 
Iter  the  gallt  -y,  and  seize  the  ruffians,  ascer- 
liiinf;  who  they  are  in  the  best  way  ho  can. 

t  him  apprehend  them  and  bring  them  to  the 

rof  the  .Senate.  Let  him  seize  the  bank  ruf- 
Ja»,  I  hope  that  they  will  not  now  be  suffered 
(insult  the  Senate,  as  they  did  when  it  was 
Vr  the  power  of  the  Bank  of  the  United 
ptes,  when  ruffians,  with  arms  upon  them, 

lited  us   with    impunity.      Let   them    be 

\cn  and  brought  to  the  bar  of  the  Senate. 

;  is  one  just  above  me,  that  may  easily  be 

ntifled— the  bank  ruffians !  " 

^Ir.  Benton  knew  that  he  was  the  object  of 

outrage,  and  that  the  way  to  treat  these 

altera   wiHitches  was    to    defj'  and    seize 

n,  and  have  them  dragged  as  criminals  to 

I  bar  ot  the  Senate.    They  were  congregated 


iinmoliuti'ly  ov«r  his  liend.  and  liacl  ividently 
culK'ctt'd  into  that  pi. tee.  Iiii«  ntotii-n  wai*  Uj^ret d 
to.  The  order  to  t-Knr  the  gnllerieit  wa.s  rt'vokcd ; 
the  oplir  to  Miw  the  di:*turU'rM  was  gi»»ii,  and 
immeditttily  exciutiil  by  t'le  emigdic  c.  r^'enni- 
Bt-arms,  Mr.  John  .Shaekford,  and  bif*  lk'•^iMlant.''. 
The  ringleader  was  wi/.d.  and  luoiiylii  to  the 
bar.  This  sudileu  rxample  intiiuiduted  the  rest ; 
and  the  expunging  iiroevss  was  {nrfornied  in 
fiuiet.  The  whole  scene  w.is  iiiipri'ssive  ;  but 
no  part  of  it  so  much  so  as  to  see  ;!^' ur.'nt 
leaders  who,  for  seven  long  years  iiMi  viaiitl 
upon  (ii'iicral  Jackstm,  and  a  T'-i'nii'i  Intios 
jironouneed  hiia  riiMied,ea('ii  risi  5  in  J"-  \:^"cv, 
with  pain  and  reluctance,  to  confess  themselves 
Ynnfjuished — to  admit  his  jM)wer,and  their  weak- 
ness— mid  to  exhale  their  griefs  in  unavailing 
reproaches,  and  itnpotejit  deprecations.  U  was 
a  tribute  to  his  invincibility  which  cast  into  the 
shade  all  the  eulogiums  of  bis  friemls.  The 
gratification  of  General  Jackson  was  extreme. 
lie  gave  a  grand  dinner  to  the  expnngers  (as 
they  were  called)  and  their  wives ;  and  being 
too  weak  to  sit  at  the  table,  he  only  met  tho 
company,  placed  the  "  head-expunger"  in  his 
chair,  and  withdrew  to  his  sick  chamber.  That 
expurgation  !  it  was  the  "  crowning  mercy  "  of 
his  civil,  as  New  Orleans  had  been  of  his  mili- 
tary, life ! 


C  II  A  P  T  E  11    C  L  X  1 1 . 

THE  SUI'UEME  COUKT-JUDGES  AND  OFFICEHS. 

The  death  of  Chief  Justice  Marshall  had  vacated 
that  high  office,  and  Roger  B.  Taney,  Esq.,  was 
nominated  to  fill  it.  He  still  encountered  op- 
position in  the  Senate ;  but  only  enough  to  show 
how  much  that  opj)Osition  had  declined  since 
the  time  when  he  was  rejected  as  Secretary  of 
the  Treasury.  The  vote  against  his  confirma- 
tion was  reduced  to  fifteen ;  namely :  Messrs. 
Black  of  Mississippi;  Calhoun,CIay,Crittcnden; 
Ewing  of  Ohio ;  Leigh  of  Virginia ;  Mangum ; 
Naudain  of  Delaware;  Porter  of  Louisiano; 
Preston ;  Bobbins  of  Rhode  Island ;  Southard, 
Tomlinson,  Webster,  White  of  Tennessee. 

Among  the  Justices  of  the  Supreme  Court, 
I  these  changes  took  place  from  the  comracnce- 


I:  1»|- 


IMAGE  EVALUATION 
TFST  TARGET  (MT-3) 


1.0 


I.I 


UiWM    |2.5 

ta  l&i   12.2 
^   li£    12.0 


INE 


|l.25|||,.4||,.6 

: 

< 

6"     

► 

-^ 


^^ 


71 


^> 


Photograiiiic 

Sciences 
Corporation 


23  WEST  MAIN  STRKT 

WEBSTER,  N.Y.  14S80 

(716)  •72-4503 


•• 

1  • 

.  • 

1 

i 

i 

' 

i 

• 

~- 

-i 


-) 


;\ 


6^ 


732 


THIRTY  YEARS'  VIEW, 


ment  of  this  View  to  the  end  of  General  Jack- 
fon's  administration :  Smith  Thompson,  Esq., 
of  New  York,  in  1823,  in  place  of  Brockholst 
Livingston,  Esq.,  dccea.scd ;  Robert  Trimble,  Esq., 
of  Kentucky,  in  1826,  in  place  of  Thomas  Todd, 
deceased ;  John  McLean,  Esq.,  of  Ohio,  in  1829, 
in  place  of  Robert  Trimble,  deceased ;  Henry 
Baldwin,  Esq.,  of  Pennsylvania,  in  1830,  in  place 
of  Bushrod  Washington,  deceased;  James  M. 
Wayne,  Esq.,  of  Georgia,  in  1835,  in  place  of 
William  Johnson,  deceased ;  Philip  P.  Barbour, 
Esq.,  of  Virginia,  in  1830,  in  place  of  Gabriel 
DuTal,  resigned. 

In  the  same  time,  William  Griifith,  Esq.  of 
New  Jersey,  was  appointed  Clerk,  in  1826,  in 
place  of  Elias  B.  Caldwell,  deceased ;  and  Wil- 
liam Thomas  Carroll,  Esq.,  of  the  District  of 
Columbia,  was  appointed,  in  1827,  in  place  of 
William  Griffith,  deceased.  Of  the  reporters 
of  the  decisions  of  the  Supreme  Court,  Richard 
Peters,  jr.,  Esq., of  Pennsylvania,  was  appointed, 
in  1828,  in  place  of  Henry  Wheaton;  and  Ben- 
jamin C.  Howard,  Esq.,  of  Maryland,  was  ap- 
pointed, in  1843,  to  succeed  Mr.  Peters,  de- 
ceased. 

The  Marshals  of  the  District,  during  the 
same  period,  were :  Henry  Ashton,  of  the  Dis- 
trict of  Columbia,  appointed,  in  1831,  in  placo 
of  Tench  Ringgold ;  Alexander  Hunter,  of  the 
same  District,  in  place  of  Henry  Ashton ;  Robert 
Wallace,  in  1848  in  place  of  Alexander  Himter, 
deceased ;  Richard  Wallach,  in  1849,  in  place  of 
Robert  Wallace ;  and  Jonah  D-  Hoover,  in  1853, 
in  place  of  Richard  Wallach. 


CHAPTER    CLXIII. 

FAREWELL  ADDRESS  OP  PUESIDENT  JACKSON— 
E.\TKACT. 

Following  the  example  of  Washington, 'Gene- 
ral Jackson  issued  a  Farewell  Address  to  the 
people  of  the  United  States,  at  his  retiring  from 
the  presidency ;  and,  like  that  of  Washington, 
it  was  principally  devoted  to  the  danger  of  dis- 
union, and  to  the  preservation  of  harmony  and 
good  feeling  between  the  different  sections  of 
the  country.  General  Washington  only  had  to 
contemplate  the  danger  of  disunion,  as  a  possi- 
bility, and  OS  an  event  of  future  contingency ; 


General  Jackson  had  to  confront  it  as  a  prtv 
actual,  subsisting  danger ;  and  said : 

"We  behold  systematic  efforts  publicly  tnj 
to  sow  the  seeds  of  discord  between  diffori 
parts  of  the  United  States,  and  to  place  mi 
divisions  directly  upon  geofi^phical  distinotio 
to  excite  the  South  against  the  North,  and  i 
North  against  the  South,  and  to  force  into  » 
controversy  the  most  delicate  and  excitin" 

Kics — topics  upon  which  it  is  impossible  tha 
irge  portion  of  the  Union  can  ever  apeak  wi 
out  strong  emotion.  Appeals,  too,  are  constan 
made  to  sectional  interests,  in  order  to  influei 
the  election  of  the  Chief  Magistrate,  as  if  it  v 
desired  that  he  f-hould  favor  a  particular  qtm 
of  the  country,  instead  of  fulfilling  the  dut 
of  his  station  with  impartial  justice  to  all ;  a 
the  possible  dissolution  of  the  Union  has 
length  become  an  ordinary  and  familiar  siibj 
of  discussion.  Has  the  warning  voice  of  ff» 
ington  been  forgotten  ?  or  have  designs  alrej 
been  formed  to  sever  the  Union  ?  Let  it  not 
supposed  that  I  impute  to  all  of  those  who  hi 
taken  an  active  part  in  these  unwise  and  unp 
fitable  discussions,  a  want  of  patriotism  or 
public  virtue.  The  honorable  feelings  of  St 
pride,  and  local  attachments,  find  a  place  in 
bosoms  of  the  most  enlightened  and  pure, 
while  such  men  are  conscious  of  their  own 
tegrity  and  honesty  of  purpose,  they  ou| 
never  to  forget  that  the  citizens  of  other  Stu 
are  their  politicaf  brethren ;  and  that,  howe 
mistaken  they  may  be  in  their  views,  the  p 
body  of  them  are  equally  honest  arid  upri| 
with  themselves.  Mutual  suspicions  and 
proaches  may  in  time  create  mutual  hostili 
and  artful  and  deolgning  men  will  always 
found,  who  ate  ready  to  foment  these  fatal  di 
sions,  and  to  infiame  the  natural  jealousies 
different  sections  of  the  country !  The  histi 
of  the  world  is  full  of  such  examples,  and  os 
cially  the  history  of  republics. 

"  What  have  you  to  gain  by  division  andi 
sension  ?  Delude  not  yourselves  with  the 
lief,  that  a  breach,  once  made,  may  be  iStem 
repaired.  If  the  Union  is  once  severed,  the  1 
of  separation  will  grow  wider  and  wider;  i 
the  controversies  which  are  now  debated  i 
settled  in  the  halls  of  legislation,  will  then 
tried  in  fields  of  battle,  and  determined  bj 
sword.  Neither  should  you  deceive  yoursel 
with  the  hope,  that  the  first  line  of  sepant 
would  be  the  permanent  one,  and  that  noth 
but  harmony  and  concord  would  bo  found 
the  new  associations  formed  upon  the  im 
tion  of  this  Union.  Local  interests  would  i 
be  found  there,  and  unchastened  ambition, 
if  the  recollection  of  common  dangers,  in  tIi 
the  people  of  these  United  States  stood  side 
side  against  the  conunon  foe— the  memor; 
victories  won  by  their  united  valor ;  the  pi 
perity  and  happiness  they  have  enjoyed  uo 
the  present  constitution ;  the  proud  namet 
bear  as  citizens  of  this  great  republic-if 


AXNO  1837.    ANDREW  JACKSON.  rRFJ^IDKNT. 


■33 


son  hn<l  to  confront  it  luaprev 
ting  danger ;  and  said : 

Id  Bystcmatic  efforts  publicly  m 
ccds  of  discord  between  differ 
United  States,  and  to  place  pa 
<;tly  upon  geop;Taphical  distinotioi 
South  against  the  North,  ami 
it  the  South,  and  to  force  into 
the  most  delicate  and  exciting 
upon  which  it  is  impossible  thai 
I  of  the  Union  can  ever  apealc  wi 
notion.  Appeals,  too,  are  constan 
;ional  interests,  in  order  to  influei 
of  the  Chief  Magistrate,  as  if  it  w 
he  f-hould  favor  a  particular  qnai 
try,  instead  of  fulfilling  the  du 
n  with  impartial  justice  to  all ; , 
(  dissolution  of  the  Union  has 
ne  an  ordinary  and  familiar  subj 
a.    lias  the  warning  voice  of  Wa 
forgotten  1  or  have  designs  alrei 
I  to  sever  the  Union  ?    Let  it  not 
lat  I  impute  to  all  of  those  who  t 
tive  part  in  these  unwise  and  unpl 
ussions,  a  want  of  patriqlisn  or 
e.    The  honorable  feelings  of  S 
ocal  attachments,  find  a  place  in 
:he  most  enlightened  and  pure, 
men  are  conscious  of  their  own 
1  honesty  of  purpose,  they  ouj 
•get  that  the  citizens  of  other  Stil 
iliticat  brethren ;  and  that,  howe 
ley  may  be  in  their  views,  the  p 
im  are  equally  honest  and  upri 
selves.     Mutual  suspicions  and 
ay  in  time  create  mutual  hostili 
and  designing  men  will  always 
are  ready  to  foment  these  fatal  d 
to  inflame  the  natural  jealousies 
ictions  of  the  country  !    The  histi 
Id  is  full  of  such  examples,  and  C6] 
listory  of  republics. 
ia»e  you  to  gain  by  division  and 
Delude  not  yourselves  with  the 
jreach,  once  made,  may  be  ifterwai 
If  the  Union  is  once  severed,  the' 
on  will  grow  wider  and  wider; 
iversies  which  are  now  debated 
;he  halls  of  legislation,  will  then 
Ids  of  battle,  and  determined  hy 
either  should  vou  deceive  yoursel 
lope,  that  the  first  line  of  sepani 
the  permanent  one,  and  that  notl 
ony  and  concord  would  bo  found 
Bsociations  formed  upon  the  dir 
is  Union.    Local  interests  would 
here,  and  unchastened  ambition. 
•Dection  of  common  dangers,  in  tI 
I  of  these  United  States  stood  side] 
st  the  common  foe—the  memor 
von  by  their  united  valor ;  the 
I  happiness  they  have  enjoyed 
It  constitution  ;  the  proud  name 
itizena  of  this  great  republic 


recollections  and  proofs  of  common  inter- 

Oi  not  8»rong  enough  to  bind  us  together 

'xrx  l<co]'\e,  what  tie  will  hold  united  the  new 

[jsions  ol'  empire,  when  these  bond.s  have  Iwen 

ten  and  this  L  nion  dissevered  ?    The  first 

of  separation  would  not  last  for  a  single 
[ration  J  new  fragments  would  be  torn  off; 
,  leaders  would  spring  up ;  and  this  great 
jjrlorious  republic  would  soon  be  broken  into 
lultitudo  of  petty  States,  without  commerce, 
(bout  credit ;  jealous  of  one  another ;  armed 
mutual  aggressions;  loaded  with  taxes  to  pay 
lies  and  leaders ;  seeking  aid  against  each 
trfrom  foreign  powers  ;  insulted  and  tram- 

iipon  by  the  nations  of  Europe ;  until,  har- 

A  with  conUicts,  and  humbled  and  debased 

Lirit,  they  would  be  ready  to  submit  to  the 

olute  dominion  of  any  military  adventurer, 

to  surrender  their  liberty  for  the  sake  of 
It  is  impossible  to  look  on  the  conse- 
tnces  that  would  inevitably  follow  the  destruc- 
.  of  this  government,  and  not  feel  indignant 
m  we  hear  cold  calculations  about  the  value 
fthe  Union,  and  have  so  constantly  before  us 
le  of  conduct  so  well  calculated  to  weaken 
I  lies." 

ISothing  but  the  deepest  conviction  of  an  ac- 

Idangcr  could  have  induced  General  Jackson, 

|tbis  solemn  manner,  and  with  such  pointed 

fercnce  and  obvious  application,  to  have  given 

warning  to  his  counirymen,  at  that  last 

Qcnt,  when  he  was  quitting  oflBce,  and  re- 

ning  to  his  home  to  die.    He  was,  indeed, 

Illy  impressed  with  a  sense  of  that  danger— 

Imuch  so  as  Mr.  Madison  was — and  with  the 

|!ic"pain"  of  feeling,  and  presentiment  of 

calamities  to  our  countiy.     What  has 

taken  place  has  shown  that  their  apprc- 

uions  were  not  groundless — that  the  danger 

i  deep-seated,  and  wide-spread ;  and  the  end 

•  yet 


CHAPTER    CLXIV. 

(iCLUSION  OF  GENERAL  JACKSON'S  ADMINIS- 
TKATION. 


|[  enemies  of  popular  representative  govcm- 
pt  may  suppose  that  they  find  something  in 

I  work  to  justify  the  reproach  of  faction  and 
lence  which  they  lavish  upon  such  forms  of 
leramcnt ;  but  it  will  be  by  committing  the 

ake  of  overlooking  the  broad  features  of  a  '  nole  war,  and  says 


picture  to  find  a  blemish  in  the  detail — disrcgarl- 
ing  a  .statesman's  life  to  find  a  misstep ;  and  shut- 
ting their  eyes  upon  the  acli.  m  of  tnc  |)CopIc.  TIio 
mistakes  and  errors  of  public  men  arc  fairly 
shown  in  this  work ;  and  that  might  seem  to  ju.>iti- 
fy  the  reproach :  but  the  action  of  the  people  i.-i 
immediately  seen  to  come  in,  to  correct  every 
error,  and  to  show  the  capacity  of  the  people  for 
wise  and  virtuous  government.    It  would  be  te- 
dious to  enumerate  the  instances  of  this  conserva- 
tive supervision,  so  continually  exemplified  in  the 
course  of  this  history ;  but  some  eminent  cases 
stand  out  too  prominently  to  be  overlooked 
The  recharterof  the  Bank  of  the  United  States 
was  a  favorite  measure  with  politicians;  the 
people  rejected  it ;  and  the  wisdom  of  their  con- 
duct is  now  universally  admitted.     The  distri- 
bution of  land  and  money  was  a  favorite  mea- 
sure with  politicians ;  the  people  condemned  it 
and  no  one  of  those  engaged  in  these  distribu- 
tions ever  attained  the  presidency.    President 
Jackson,  in  liis  last  annual  message  to  Congress, 
and  in  direct  reference  to  this  conservative  ac- 
tion of  the  people,  declared  "  that  all  that  had 
occurred  during  his  administration  was  calcula- 
ted to  inspire  him  with  increased  confidence  in 
the  stability  of  our  institutions."    I  make  tlio 
same  declaration,  founded  upon  the  same  view 
of  the  conduct  of  the  people — upon  the  obser- 
vation of  their  conduct  in  trying  circumstances ; 
and  their  uniform  discernment  to  see,  and  virtue 
and  patriotism  to  do,  whatever  the  honor  and 
interest  of  the  country  required.    The  work  is 
full  of  consolation  and  encouragement  to  popular 
government ;  and  in  that  point  of  view  it  may 
be  safely  referred  to  by  the  friends  of  that  form 
of  govornraent.     I  have  written  voraciously 
and  of  acts,  not  of  motives.    I  have  sho^vn  a 
persevering  attack  upon  President  Jackson  on 
the  part  of  three  eminent  public  men  during  his 
whole  administration ;  but  have  made  no  attri- 
bution of  motives.    But  another  historian  ha.s 
not  been  so  forbearing — one  to  whose  testimony 
there  can  be  no  objection,  either  on  account  of 
bias,  judgment,  or  information ;  and  who,  writing 
under  the  responsibility  of  history,  has  indicated 
a  motive  in  two  of  the  assailants.    Mr.  Adams, 
in  his  history  of   the  administration  of  Mr. 
Monroe,  gives  an  account  of  the  attempt  in  the 
two  Houses  of  Congress  in  1818,  to  censure 
General  Jackson  for  his  conduct  in  the  Semi- 
"  Efforts  were  mndc  in  Cf ■  ■ 


734 


THIRTY  YEARS'  VIEW. 


^fX.. 


press  to  procure  a  vote  ccnsaring  the  conduct 
of  Oenernl  Jockpon,  whose  fast  increasing  pop- 
ularity had,  in  all  probability,  already  excited 
the  envy  of  politicians.  Mr.  Clay  and  Mr.  Cal- 
houn in  particular  favored  this  movement ;  but 
the  President  himself,  and  Mr.  Adams,  the  Se- 
cretary of  State,  who  had  charge  of  the  Spanish 
negotiation,  warmly  espoused  the  cause  of  the 
Amcrionn  commander."  This  fear  of  a  rising 
popularity  was  not  without  reason.  There  were 
proposals  to  bring  General  Jackson  forward  for 
the  presidency  in  1810,  and  in  1820;  to  which 
he  would  not  listen,  on  account  of  his  friendship 
to  Mr.  Monroe.  A  refusal  to  enter  the  canvass 
at  those  periods,  and  for  that  reason,  naturally 
threw  him  into  it  in  1824,  when  he  would  come 
into  competition  with  those  two  gentlemen. 
Their  opposition  to  him,  therefore,  dates  back 
to  the  first  term  of  Mr.  Monroe's  administra- 
tion ;  that  of  Mr.  Clay  openly  and  responsibly ; 
that  of  Mr.  Calhoun  secretly  and  deceptiously, 
as  shown  in  the  "  Exposition."  They  were  both 
of  the  same  political  party  school  with  General 


Jackson ;  and  it  was  probably  his  rising  to  t 
head  of  that  party  which  threw  them  lx)th  o 
of  it.  Mr.  Webster's  opposition  arose  from  \ 
political  relations,  as  belonging  to  the  opposj 
school  5  and  was  always  more  moderate,  « 
better  guarded  by  decorum.  He  even  append 
sometimes,  as  the  justifier  and  supporter 
President  Jackson's  measures  ;  as  in  the  wt 
known  instance  of  South  Carolina  nulljficatio 
Mr.  Clay's  efforts  were  limited  to  the  ore 
throw  of  President  Jackson ;  Mr.  Calhoun's  i 
tended  to  the  overthrow  of  the  Union,  and 
the  establishment  of  a  southern  confederacy 
the  slave  States.  The  subsequent  volume  w 
have  to  pursue  this  subject. 

This  chapter  ends  the  view  of  the  administi 
tion  of  President  Jackson,  promised  to  him 
his  lifetime,  constituting  an  entire  work  in  i 
selt,  and  covering  one  of  the  most  eventful  p 
riods  of  American  history— as  trying  to  t! 
virtue  and  intelligence  of  the  American  peop 
as  was  the  war  of  the  revolution  to  their  coa 
age  and  patriotism. 


ANNO  1837.    MARTIN  VAN  DUREX.  rRESIDENT. 


735 


d  it  WM  probably  his  rising  to  tl 
,  party  which  threw  them  both  c 
Webster's  opposition  arose  from  ] 
itions,  as  belonging  to  the  oppf»; 
was  always  more  moderate. « 
ed  by  decorum.    He  even  appear 
IS  the  justifler  and  supporter 
ackson*s  measiires  ;  as  in  the  wej 
nee  of  South  Carolina  nuUificati^ 
efforts  were  limited  to  the  ova 
isidcnt  Jackson ;  Mr.  Calhoun's  i  j 
he  overthrow  of  the  Union,  and  i 
iment  of  a  southern  confederacy  i 
ates.    The  subsequent  Tolume  wj 
me  this  subject, 
iter  ends  the  view  of  the  administij 
sident  Jackson,  promised  to  him 
,  constituting  an  entire  work  in  I 
rering  one  of  the  most  eventful  | 
merican  history — as  trying  to  til 
intelligence  of  the  American  peopf 
war  of  the  revolution  to  their  < 
riotism. 


CHAPTER    CLXV. 

ELTiniNO  AND  DEATH  OF  GENERAL  JACKSON-ADMIXISTUATION  OF  MAUTIN  VAN  BCUEX. 


second  and  last  term  of  General  Jack- 
s'; presidency  expired  on  the  3d  of  March, 
The  next  day,  at  twelve,  he  appeared 

1  his  successor,  Mr.  Van  Buren,  on  the  ele- 

i  and  spacious  eastern  portico  of  the  capitol, 
lone  of  the  citizens  who  came  to  witness  the 

uration  of  the  new  President,  and  no  way 

nguishcd  from  them,  except  by  his  place  on 
^ieft  hand  of  the  President  elect.    The  day 

beautiful — clear  sky,  balmy  vernal  sun, 
inquil  atmosphere ; — and  the  assemblage  im- 
nse.  On  foot,  in  the  largo  area  in  front  of 
!  steps,  orderly  without  troops,  and  closely 
iJgcd  together,  their  faces  turned  to  the  por- 

-presenting  to  the  beholders  from  all  the 
^ern  windows  *he  appearance  of  a  field  paved 

1  human  faces.  This  vast  crowd  remained 
(ted  to  their  places,  and  profoundly  silent, 

I  the  ceremony  of  inauguration  was  over. 
;  the  stillness  and  silence  of  reverence  and 
Jction ;  and  there  was  no  room  for  mistake  as 
nliom  this  mute  and  impressive  homage  was 
Idered.  For  once,  the  rising  was  eclipsed  by 
I  setting  sun.  Though  disrobed  of  power, 
I  retiring  to  the  shades  of  private  life,  it  was 
pt  that  the  great  ex-President  was  the  ab- 
ping  object  of  this  intense  regard.    At  the 

ment  he  began  to  descend  the  broad  steps  of 
I  portico  to  take  his  seat  in  the  open  carriage 
p  was  to  bear  him  away,  the  deep  repressed 
;  of  the  dense  mass  bro<  k  forth,  acclama- 

sand  cheers  bursting  from  the  heart  and 
bg  the  air — such  as  power  never  commanded, 
jman  in  power  received.    It  was  the  affec- 

L  gratitude,  and  admiration  o'.  the  living  age, 

king  for  the  last  time  a  great  man.    It  was 

acclaim  of  posterity,  breaking  from  the 
Ims  of  contemporaries.    It  was  the  antici- 

pn  of  futurity— unpurchasable  homaee  to 


the  hero-patriot  who,  all  his  life,  and  in  all  cir- 
cumstunces  of  his  life,  in  peace  and  in  war,  and 
glorious  in  each,  had  been  the  friend  of  his 
country,  devoted  to  her,  regardless  of  self.  Un- 
covered, and  bowing,  with  a  look  of  unaflccted 
humility  and  thankfulness,  he  acknowledged  in 
mute  signs  his  deep  sensibility  to  this  affecting 
overflow  of  popular  feeling.  I  was  looking  donoi 
from  a  side  window,  and  felt  an  emotion  which 
had  never  passed  through  me  before.  I  had  seen 
the  inauguration  of  many  presidents,  and  their 
going  away,  and  their  days  of  state,  vested  with 
power,  and  surrounded  by  the  splendors  of  the 
first  magistracy  of  a  great  republic.  But  they 
all  appeared  to  be  as  pageants,  empty  and  soul- 
less, brief  to  the  view,  unreal  to  the  touch,  and 
soon  to  vanish.  But  here  there  seemed  to  bo  a 
reality — a  real  scene — a  man  and  the  people — 
he,  laying  down  power  and  withdrawing  through 
the  portals  of  everlasting  fame ; — they,  sounding 
in  his  cars  the  everlasting  plaudits  of  unborn 
generations.  Two  days  after,  I  saw  the  patriot 
ex-President  in  the  car  which  bore  him  off  to 
his  desired  seclusion.  I  saw  him  depart  with 
that  look  of  quiet  enjoyment  which  bespoke  the 
inward  satisfaction  of  the  soul  at  exchanging  the 
cares  of  oflBce  for  the  repose  of  home.  History, 
poetry,  oratory,  marble  and  brass,  will  hand 
down  the  military  exploits  of  Jackson :  this 
work  will  commemorate  the  events  of  his  civil 
administration,  not  less  glorious  than  his  mili- 
tary achievements,  great  as  they  were ;  and  this 
brief  notice  of  his  last  appearance  at  the  Ame- 
rican capitiil  is  intended  to  preserve  some  faint 
memory  of  a  scene,  the  grandeur  of  which  was 
so  impressive  to  the  beholder,  and  the  solace  of 
which  must  have  been  so  grateful  to  the  heart 
of  the  departing  patriot. 
Eight  years  afterwards  he  died  at  the  Hermit- 


736 


TlllUTY  YKAPS"  VIF.W. 


age,  in  the  full  posscKsion  of  till  his  fiicultlt's, 
and  stroii;;  to  tlic  last  in  the  ruling  passion  of 
his  Houl — love  of  countr}-.  Public  history  will 
do  justice  to  his  public  life ;  but  a  further  notice 
is  wanted  of  hiin — a  notice  of  the  domestic 
man — of  the  man  at  home,  with  his  wife,  his 
fiiends,  his  noif^hbors,  his  slaves ;  and  this  I  feel 
some  qualilication  for  giving,  from  my  long  and 
varied  acquaintance  with  him.  First,  his  inti- 
mate and  early  friend — then  a  rude  rupture — 
afterwards  frimdsljip  and  intimacy  for  twenty 
years,  and  until  liis  death :  in  all  forty  years  of 
personal  observation,  in  the  double  relation  of 
friend  and  fuc,  and  in  all  the  walks  of  life,  public 
and  private,  civil  and  military. 

Tho  first  time  that  I  saw  General  Jackson 
was  at  Nashville,  Tennessee,  in  1799 — ho  on 
the  bench,  a  judge  of  the  then  Superior  Court, 
and  I  a  youth  of  seventeen,  back  in  the  crowd. 
He  was  then  a  remarkable  man,  and  had  his 
ascendant  over  all  who  approached  him,  not  the 
effect  of  his  high  judicial  station,  nor  of  tho 
senatorial  rank  which  he  had  hold  and  resigned ; 
Ror  of  military  exploits,  for  he  had  not  then 
been  to  war ;  but  the  effect  of  {lersonal  qualities ; 
cordial  and  graceful  manners,  hospitable  temper, 
elevation  of  mind,  undaunted  spirit,  generosity, 
and  perfect  integrity.  In  charging  the  jury  in 
the  impending  case,  he  committed  a  slight  so- 
lecism in  language  which  grated  on  my  ear,  and 
lodged  on  my  memory,  without  derogating  in 
tho  least  from  the  respect  which  hj  inspired ; 
and  without  awakening  the  slightest  suspicion 
that  I  was  ever  to  be  engaged  in  smoothing  his 
diction.  The  first  time  I  spoke  with  him  was 
some  years  after,  at  a  (then)  frontier  town  in 
Tennessee,  when  he  was  returning  from  a 
Southern  visit,  which  brought  him  through  tho 
towns  and  camps  of  some  of  the  Indian  tribes. 
In  pulling  off  his  overcoat,  I  perceived  on  the 
white  lining  of  the  turning  down  sleeve,  a  dark 
speck,  which  had  life  and  motion.  I  brushed  it 
off,  and  put  the  heel  of  my  shoe  upon  it — little 
thinking  that  I  was  ever  to  brush  away  from 
him  game  of  a  very  different  kind.  He  smiled; 
and  we  began  a  conversation  in  which  he  very 
quickly  revealed  a  leading  trait  of  his  charac- 
ter,— that  of  encouraging  young  men  in  their 
laudable  pursuits.  Getting  my  name  and  parent- 
age, and  learning  my  intended  profession,  he 
manifested  a  regard  for  me,  said  he  had  received 
hospitality  at  my  father's  house  in  North  Caro- 


ful 


Jiri 


'P 


lTw 


lino, gave  nic  kind  invitations  to  visit  him; 
exjiresse<l  a  btliof  that  I  would  do  well  at 
bar — generous  words  which  had  the  I'li'ict 
promoting  what  they  umlcrtook  to  foretoll.  S 
after,  ho  had  furtliir  opportunity  to  shuw 
generous  feelings.    I  was  employed  in  a  (rim 
nal  case  of  great  magnitude,  where  the  ol 
and  ablest  counsel  appeared — Haywood,  (I  nun 
Whiteside, — and  tho   trial  of   which  Giia 
Jackson  attended  through  concern  for  tl 
of  a  friend.     As  junior  counsel  I  had  ;o 
cede  my  elders,  and  did  my  best ;  and,  it  It 
on  the  side  of  his  feelings,  he  found  my  effort 
bo  better  than  it  was.    He  complimenttd 
greatly,  and  from  that  time  our  intimacy  Ix- 

I  soon  after  became  his  aid,  he  being  a  .Mji, 
General  in  the  Tennessee  militia—  made  so 
a  majority  of  one  vote.  How  much  often 
pends  upon  one  vote  ! — New  Orleans,  the  C 
campaign,  and  all  their  consequences,  date  fro 
that  ono  vote ! — and  after  that,  I  was  habitual 
an  his  house ;  and,  as  on  inmate,  had  opportu: 
tics  to  know  his  domestic  life,  and  at  tht  pen 
when  it  was  least  understood  and  most  mi^'re 
resented.  IIo  had  resigned  his  place  on 
bench  of  the  Superior  Court,  os  he  had  prci 
ously  resigned  his  place  in  the  Senate  of 
United  States,  and  lived  on  a  superb  estite 
some  thousand  acres,  twelve  miles  from  N:i; 
ville,  then  hardly  known  by  its  subseqin 
famous  name  of  tho  Hermitage — name  chi 
for  its  perfect  accord  with  his  feelings ;  for 
had  then  actually  withdrawn  from  the  stage 
public  life,  and  from  a  state  of  feeling  w^ 
known  to  belong  to  great  talent  when  findt 
no  theatre  for  its  congenial  employment, 
was  a  careful  farmer,  overlooking  every  thi 
himself,  seeing  that  tho  fields  and  fences  wi 
in  good  order,  the  stock  well  attended,  and 
slaves  comfortably  provided  for.  His  houses 
the  scat  of  hospitality,  tho  resort  of  fnends  i 
aoquaintances,  and  of  all  strangers  visiting 
State — aad  the  more  agreeable  to  all  from 
perfect  conformity  of  Mrs.  Jackson's  chant 
to  bis  own.  But  he  needed  some  escitemt 
beyond  that  which  a  farming  life  can  afford. 
found  it,  for  some  years,  in  the  animating  spoi 
of  the  turf.  He  loved  fine  horses — racers 
speed  and  bottom — owned  several,  and  conti 
ed  the  four  mile  heats  with  the  best  that  m 
be  bred,  or  brought  to  the  State,  and  for  In 
sums.    That  is  the  nearest  to  gaming  tl 


ANNO  1887.     MAKTIN  VAN  15UREN,  PKI>II)ENT. 


737 


inil  invitations  to  visit  liim ; 
lief  that  I  wouM  do  well  at  th 
word^  which  hud  the  I'lIVn 
t  they  undertook  to  forotill.  ScJ 
"arthcr  opportunity  to  shi.w 
iga.    I  was  employed  in  a  ( rin.l 
•cat  mngnitudo,  where  the  oMJ 
isel  appeared— Haywood,  Cinmiljl 
nd  the   trial  of   which  Climr 
idcd  through  concern  for  tl.o  U 
As  junior  counsel  I  had  in  jjri 
8,  and  did  my  licst ;  and,  it  btirf 
his  feelings,  he  found  my  effort  | 
m  it  was.    lie  complimented 
rom  that  time  our  intimacy  kp 
r  hccame  his  aid,  he  being  a  Maj(| 
ae  Tennessee  militia— maile  so  1 
f  one  vote.    How  much  often  < 
mo  vote !— New  Orleans,  the  Cr 
idaiTtheir  consequences,  date  frol 
9 !— and  after  that,  I  was  habitual| 
;  and,  as  an  inmate,  had  opportui 
■  his  domestic  life,  and  attht  peri 
I  least  understood  and  most  mu) 
le  had  resigned  his  place  on  tl 
e  Superior  Court,  as  he  had  prei 
led  his  place  in  the  Senate  of  tl 
;es,  and  lived  on  a  superb  estate 
ind  acres,  twelve  miles  from  Xiis| 
lardly  known  by  its  subseqm 
of  the  Hermitage— name  chi 
accord  with  his  feelings;  for 
tually  withdrawn  from  the  stage 
and  from  a  state  of  feeling  w 
ong  to  great  talent  when  findi 
for  its  congenial  employment 
"ul  farmer,  overlooking  every  thi 
.ngthat  the  fields  and  fences  w 
er,  the  stock  well  attended,  and 
.  tably  provided  for.   His  house 
hospitality,  the  resort  of  friends 
«s,  and  of  all  strangers  visiting 
the  more  agreeable  to  all  from 
mity  of  Mrs.  Jackson's  charai 
But  he  needed  some  exciter 
v^hich  a  farming  life  can  afford, 
some  years,  in  the  animating  spol 
He  loved  fine  horses— racers 
,ottom— owned  several,  and  conti 
mile  heats  with  the  best  that  coi 
brought  to  the  SUte,  and  for ' 
\i  is  the  nearest  to  gaming  tl 


jr 


on 


Uer  knew  him  to  come.    Cards  and  the  cock- 

Int  have  been  imputed  to  him,  but  most  crrone- 

Lfly.     I  never  saw  him  engaged  in  cither. 

Ilnicla  were  usual  in  that  time,  and  he  had  his 

of  them,  with  their  unpleasant  concomi- 

[tintg ;  but  thoy  passed  away  with  all  their  ani- 

|»)!itics,  and  he  has  often  been  seen  zealously 

ising  the  advancement  of  those  against  whom 

had  but  lately  been  arrayed  in  deadly  hos- 

ity. 

His  temper  was  placublo  as  well  as  irascible, 

his  reconciliations  were  cordial  and  sincere. 

('  that,  my  own  case  was  a  signal  instance. 

er  a  deadly  feud,  I  became  his  confidential 

iriacr ;  was  offered  the  highest  marks  of  his 

or,  and  received  from  his  dying  bed  a  mes- 

of  friendship,  dictated  when  life  was  de- 

ing,  and  when  he  would  have  to  pause  for 

latli.    There  was  a  deep-seated  vein  of  piety 

him,  unaffectedly  showing  itself  in  his  rovcr- 

for  divine  worship,  respect  for  the  ministers 

the  gospel,  their  hospitable  reception  in  his 

ise,  and  constant  encouragement  of  all  the 

|»U8  tendencies  of  Mrs.  Jackson.    And  when 

ly  both  afterwards  became  members  of  a 

ch,  it  was  the  natural  and  regular  result  of 

ir  early  and  cherished  feelings.    He  was  gen- 

ia  his  house,  and  alive  to  the  tenderest  emo- 

;  and  of  this,  I  can  give  an  instance,  greatly 

contrast  with  his  supposed  character,  and 

irth  more  than  a  long  discourse  in  showing 

I  that  character  really  was.    I  arrived  at 

house  one  wet  chilly  evening,  in  February, 

came  upon  him  in  the  twilight,  sitting  alone 

ire  the  fire,  a  lamb  and  a  child  between  his 

He  started  a  little,  called  a  servant  to 

lore  the  two  innocents  to  another  room,  and 

lltinec  to  me  how  it  was.    The  child  had 

because  the  lamb  was  out  in  the  cold,  and 

d  him  to  bring  it  in — which  he  had  done 

please  the  child,  his  adopted  son,  then  not 

jears  old.    The  ferocious  man  does  not  do 

!  and  though  Jackson  had  his  passions  and 

Tiolence,  they  were  for  men  and  enemies — 

who  stood  up  against  him — and  not  for 

len  and  children,  or  the  weak  and  helpless : 

II  whom  his  feelings  were  those  of  protec- 

and  support    His  hospitality  was  active 

rell  as  cordial,  embracing  the  worthy  in 

walk  of  life,  and  seeking  out  deserving 

:ts  to  receive  it,  no  matter  how  obscure. 

his,  I  learned  a  characteristic  instance  in 

Vol.  I.— 47 


relation  to  the  son  of  the  famous  Daniel  Boone. 
The  young  man  had  come  to  Xasliville  on  his 
father's  business,  to  be  detained  some  weeks 
and  had  liis  lotlgings  at  a  small  tavern,  towanls 
the  lower  part  of  the  town,  (icnoral  Jackson 
heard  of  it ;  sought  him  out ;  found  him  ;  took 
him  home  to  remain  as  long  as  his  business  de- 
tained him  in  the  country,  saying, "  Your  father's 
dog  should  not  stay  in  a  tavern,  where  I  have  n 
house."  This  was  heart !  and  I  had  it  from  the 
young  man  himself,  long  after,  when  he  was  a 
State  Senator  of  the  General  Assembly  of  Mis- 
souri, and,  08  such,  nominated  me  for  the  United 
States  Senate,  at  my  first  election,  in  1820:  an 
act  of  hereditary  friendship,  aa  our  fathers  had 
been  early  friends. 

Abhorrence  of  debt,  public  and  private,  dis- 
like of  banks,  and  love  of  hanl  money — love  of 
justice  and  love  of  country,  were  ruling  pas- 
sions with  Jackson  ;  and  of  these  he  gave  con- 
stant evidence  in  all  the  situations  of  his  life. 
Of  private  debts  he  contracted  none  of  his  own, 
and  made  any  sacrifices  to  get  out  of  those  in- 
curred for  others.  Of  this  he  gave  a  signal  in- 
stance, not  long  before  the  war  of  1812 — selling 
the  improved  part  of  his  estate,  with  the  best 
buildings  of  the  country  upon  it,  to  pay  a  debt 
incurred  in  a  mercantile  adventure  to  assist  a 
young  relative ;  and  going  into  log-houses  in  the 
forest  to  begin  a  new  home  and  farm.  He  was 
living  in  these  rude  tenements  when  he  van- 
quished the  British  at  New  Orleans ;  and,  prob- 
ably, a  view  of  their  conqueror's  domicile  would 
have  astonished  the  British  officers  as  much  as 
their  defeat  had  done.  He  was  attached  to  his 
friends,  and  to  his  country,  and  never  believed 
any  report  to  the  discredit  of  either,  until  com- 
pelled by  proof.  He  would  not  believe  in  the 
first  reports  of  the  surrender  of  General  Hull, 
and  became  sad  and  oppressed  when  forced  to 
believe  it.  Ho  never  gave  up  a  <riend  in  a  doubt- 
ful case,  or  from  policy,  or  calculation.  He  was 
a  firm  believer  in  the  goodness  of  a  superintend- 
ing Providence,  and  in  the  event  la*  right  judg- 
ment and  justice  of  the  people.  I  have  seen  him 
at  the  most  desperate  part  of  his  fortunes,  and 
never  saw  him  waver  in  the  belief  that  all  would 
come  right  in  the  end.  In  the  time  of  Cromwell 
he  would  have  been  a  puritan. 

The  character  of  his  mind  was  that  of  judg- 
ment, with  a  rapid  and  almost  intuitive  percep- 
tion, followed  by  an  instant  and  decisive  action. 


Ill 


738 


THIRTY  YEARS'  VIEW. 


It  waa  that  which  made  him  a  General,  and  a  ! 
President  for  the  time  in  which  he  Berved.  lie 
had  vigorous  thoughtn,  but  not  the  faculty  of 
arranging  them  in  a  regular  composition,  either 
written  or  spoken ;  and  in  formal  papers  he  usual- 
ly gave  his  draft  to  an  aid,  a  friend,  or  a  secretary, 
to  be  written  over — often  to  the  loss  of  vigor.  But 
the  thoughts  were  his  own  vigorously  express- 
ed ;  and  without  effort,  writing  with  a  rapid 
j»en,  and  never  blotting  or  altering;  but,  as 
Carlyle  says  of  Cromwell,  hitting  the  nail  upon 
the  head  as  ho  went.  I  have  a  great  deal  of  his 
writing  now,  some  on  public  affairs  and  cover- 
ing several  sheets  of  paper ;  and  no  erasures  or 
interlineations  anywhere.  His  conversation  was 
like  his  writing,  a  vigorous  flowing  current,  ap- 
parently without  the  trouble  of  thinking,  and 
always  impre  ?sivc.  His  conclusions  were  rapid, 
and  immovable,  when  he  was  under  strong  con- 
victions ;  though  often  yielding,  on  minor  points, 
to  his  friends.  And  no  man  yielded  quicker 
when  he  was  convinced ;  perfectly  illustrating 
the  difference  between  firmness  and  obstinacy. 
Of  all  the  Presidents  who  have  done  me  the 
honor  to  listen  to  my  opinions,  there  was  no  one 
to  whom  I  spoke  with  more  confidence  when  I 
felt  myself  strongly  to  be  in  the  right. 

He  had  a  load  to  carry  all  his  life ;  resulting 
from  a  temper  which  refused  compromises  and 
bargaining,  and  went  for  a  clean  victory  or  a  clean 
defeat,  in  every  case.  Hence,  every  step  he  took 
was  a  contest :  and,  it  may  be  added,  every  con- 
test was  a  victory.  I  have  already  said  that  he 
was  elected  a  Major  General  in  Tennessee — an 
election  on  which  so  much  afterwards  depended 
— ^by  one  vote.  His  appointment  in  the  United 
States  regular  army  waa  a  conquest  from  the 
administration,  which  had  twice  refused  to 
appoint  him  a  Brigadier,  and  once  disbanded 
him  as  a  volunteer  general,  and  only  yielded  to 
his  militia  victories.  His  election  as  President 
was  a  victory  over  politicians — as  was  every 
leading  event  of  his  administration. 

I  have  said  that  his  appointment  in  th^  regu- 
lar army  was  a  victory  over  the  administration, 
and  it  belongs  to  the  inside  view  of  history,  and 
to  the  illustration  of  government  mistakes,  and 
the  elucidation  of  individual  merit  surmounting 
obstacles,  to  tell  how  it  wa«.  Twice  passed  by 
to  give  preference  to  two  others  in  the  West 
(General  Harrison  and  General  Winchester), 
once  disbanded,  and  omitted  in  all  the  lists  of 


iiwn 


!«g 


military  nominations,  how  did  he  get  at  lut 
be  appointed  Major  General  ?  It  waa  thm 
Congress  had  passed  an  act  authorizing 
President  to  accept  organized  corps  of  volunt 
I  proposed  to  General  Jackson  to  miso  a  cci 
under  that  act,  and  hold  it  ready  for  ficrrii 
He  did  so ;  and  with  this  corps  and  some  militi 
he  defeated  the  Creek  Indians,  and  gained 
reputation  which  forced  his  appointment  in 
regular  army.  I  drew  up  the  address  which 
made  to  his  division  at  the  time,  and  when 
carried  it  to  him  in  the  evening,  I  found 
child  and  the  lamb  between  his  knees.  He  hi 
not  thought  of  this  resource,  but  caught  at 
instantly,  adopted  the  address,  with  two  slig 
alterations,  and  published  it  to  his  divieion. 
raised  a  regiment  myself,  and  made  the  specchi 
at  the  general  musters,  which  helped  to  raise 
others,  assisted  by  a  small  band  of  fricnds-i 
feeling  confident  that  if  we  could  conquer 
difficulty — master  the  first  step — and  get  hi 
upon  the  theatre  of  action,  he  would  do  the 
himself.  This  is  the  way  ho  got  into  the 
I'ti  army,  not  only  unselccted  by  the  wisdom 
government,  but  rejected  by  it — a  stone  rejecl 
by  the  master  builders — and  worked  in  by 
unseen  hand,  to  become  the  comer  stone  of 
temple.  The  aged  men  of  Tennessee  will 
member  all  this,  and  it  is  time  that  histi 
should  learn  it.  But  to  return  to  the  pmi 
life  and  personal  characteristics  of  this  extra 
dinary  man. 

There  was  an  innate,  unvarying,  seif-acti 
delicacy  in  his  intercourse  with  the  female 
including  all  womankind ;  and  on  that  poi 
my  personal  observation  (and  my  opportunii 
for  observation  were  both  lai^ e  and  varioi 
enables  me  to  join  in  the  declaration  of  the 
lief  expressed  by  his  earliest  friend  and 
intimate  associate,  the  late  Judge  Overton, 
Tennessee.  The  Roman  general  won  an  ii 
tality  of  honor  by  one  act  of  continence ;  w 
praise  is  due  to  Jackson,  whose  whole  life 
continent  ?  I  repeat :  if  he  had  been  bom 
the  time  of  Cromwell,  he  would  have  been 
puritan.  Nothing  could  exceed  his  kinih 
and  affection  to  Mrs.  Jackson,  always  incrcas 
in  proportion  as  his  elevation,  and  culmiml 
fortunes,  drew  cruel  attacks  upon  her.  1 
her  well,  and  that  a  more  exemplary  womu 
all  the  relations  of  life,  wife,  friend,  neighbor, 
tive,  mistress  of  slaves — never  lived,  and 


ANNO  1837.     MARTIN  VAN  BUUEN.  PRESIDENT. 


739 


lions,  how  did  he  get  at  \k<[ 
iajor  General  1     It  wm  tlmi 
passed  an  act  authorizing  t' 
cpt  organized  corps  of  voluntwi 
}encral  Jackson  to  miso  a  cor 
;,  and  hold  It  ready  for  wrvii 
I  with  this  corps  and  somcmilitij 
0  Creek  Indians,  and  gained  tl 
ch  forced  his  appointment  in  tl 

I  drew  up  the  address  which 
livision  at  the  time,  and  when 
him  in  the  evening,  I  found  tl 
lamb  between  his  kncea.    He  hi 
if  this  resource,  but  caught  at 
pied  the  address,  with  two  sligi 
id  published  it  to  his  division. 
ncnt  myself,  nnd  made  the  spcccW 
[  musters,  which  helped  to  nuse  t^ 
cd  by  a  small  band  of  frienda-i 
ient  that  if  we  could  conquer  tl 
lastcr  the  first  step— and  get  hi 
latro  of  action,  he  would  do  the 
lis  is  the  way  ho  got  into  the 
t  only  unselected  by  the  wisdom 
but  rejected  by  it— a  stone  reject 
er  builders— and  worked  in  by 

to  become  the  comer  stone  of  tl 
I'e  aged  men  of  Tennessee  will 

this,  and  it  is  time  that  hisK 
it.    But  to  return  to  the  priyi 
lonal  characteristics  of  this  extr 


s  an  innate,  unvarying,  self-actJ 
lis  intercourse  with  the  female  sJ 
Jl  womankind;   and  on  thatpoj 
[l  observation  (and  my  opportumtf 
tion  were  both  large  and  varionj 
to  join  in  the  declaration  of  the! 
led  by  his  earliest  friend  and  mJ 
sociate,  the  late  Judge  Overton, 
The  Roman  general  won  an  immJ 
nor  by  one  act  of  continence;  wll 
le  to  Jackson,  whose  whole  life  J 
I  repeat:  if  he  had  been hora| 
,f  Cromwell,  he  would  have 
Nothing  could  exceed  his  land 
,n  to  Mrs.  Jackson,  alvrays  incw 
,n  as  his  elevation,  and  culmini 
jw  cruel  attacks  upon  her.  11 
ad  that  a  more  exemplary  worn 
tions  of  life,  wife,fHend,neighbor,n 
)B  of  slaves— never  lived,  and  r 


I  r^jientcd  a  more  quiet,  cheerful  and  admirable 
Ljgtgcmcnt  of  her  household.    She  had  not 
Itdueation,  but  she  had  a  heart,  and  a  good  one ; 
Ld  that  was  always  leading  her  to  do  kind 
1  things  in  the  kindest  manner.     Sho  had  the 
General's  own  warm  heart,  frank  manners  and 
Lotpitable  temper;  and  no  two  persons  could 
Lre  been  bettor  suited  to  each  other,  lived 
I  more  happily  together,  or  made  a  house  more 
littractive  to  visitors.    Sho  had  the  faculty— a 
lure  one — of  retaining  names  and  titles  in  a 
Itbrong  of  visitors,  addressing  each  ono  appro- 
Igriitely)  and  dispensing  hospitality  to  all  with 
li  cordiality  which  enhanced  its  value.      No 
llnshful  youth,  or  plain  old  man,  whose  modesty 
Lt  them  dovni  at  the  lower  end  of  the  table. 
Laid  escape  her  cordial  attention,  any  more 
llhan  the  titled  gentlemen  on  her  right  and  left. 
loung  persons  were  her  delight,  and  she  always 
id  her  house  filled  with  thera — clever  young 
omen  and  clever  young  men — all  calling  her  af- 
tionately,  "Aunt  Rachel."    I  was  young  then, 
gd  was  one  of  that  number.    I  owe  it  to  early 


recollections,  and  to  chrrislied  ronvictionR — in 
this  \Mt  notice  of  the  Hermitage — to  hoar  this 
faithful  testimony  to  the  memory  of  it.n  lonn 
mistrcRs — fhc  loved  and  honored  wife  of  a  great 
man.    Iler  greatest  eulogy  is  in  the  aflectidn 
which    ho  bore  her  living,  and  in  the  sorrow 
with  which   ho  mournetl  her  dead.     She  died 
at  the  moment  of  the  General's  fipRt  election  to 
the  Presidency ;  and  every  one  that  had  a  just 
petition  to  present,  or  charitable  request  to 
moke,  lost  in  her  death,  the  surest  channel  to 
the  ear  and  to  the  heart  of  the  President.    His 
regard  for  her  survived,  and  lived  in  the  persons 
of  her  nearest  relatives.    A  nephew  of  hers  wa.s 
his  adopted  son  and  heir,  taking  his  own  name, 
and  now  the  respectable  master  of  the  Her- 
mitage.     Another  nephew,  Andrew  Jackson 
Donelson,  Esq.,  was  his  private  secretary  when 
President.    The  Presidential  mansion  was  pre- 
sided over  during  his  term  by  her  niece,  the 
most  amiable  Mrs.  Donelson ;  and  all  his  con- 
duct bespoke  affectionate  and  lasting  remem« 
branoe  of  one  he  bad  held  so  dear. 


END  OF  VOLUMf    '. 


'.  >i**^ 


■r( 


*•! 


1 


INDEX   TO  VOL.    I. 


^  A  fW,  Tli«.— Charges  igBlntt  Wm.  H.  Ortwfcrd,  88; 
tba  A.  B.  pcpen,  •  terlet  of  •rtlclea  which  appekred  in 
th«  newipapera,  88 ;  ezpeoUtlon  of  ths  noouMr  that  the 
mitt«r  woald  ll«  over  nntil  after  tha  Preddenttal  elec- 
tion, 88;  Immediate  action,  88;  committee  appointed, 
U;  anawor  of  Crawford,  88;  Ita  character,  80;  who 
written  by,  88;  proceeding  In  the  case,  88;  testimony 
of  Edwards,  88;  his  proceedings,  86;  report  of  com- 
mittee, 88. 
Iiun,  JouN,  decease  of,  87;  sketch  of  his  charactor,  87. 
]»>!,  Jonn  Qdinot,  Secretary  of  State,  7;  bis  diary  rela- 
tire  to  the  unanimity  of  the  cabinet  on  the  Missouri 
qaeatinn,  8 ;  connection  with  the  treaty  of  1818,  18 ; 
on  Internal  Improvement*,  23 ;  candidate  for  the  Presi- 
dency In  1824,44;  commencement  of  his  administration, 
M;  his  insngnral  address, 84;  gronndsof  opposition,  64; 
the  minority  of  the  Senate  opposed,  88 ;  strong  minority 
of  the  House  opposed,  86 ;  position  of  the  two  Houses 
,  with  regard  to  the  President,  91 ;  contest  for  Speaker, 
M;  orgsniiatlon  of  tbe  committees,  93;  contents  of  the 
President's  message,  99 ;  its  notice  of  the  Panama  Con- 
crets,  98;  the  finances,  98;  uselessness  of  retaining  a 
balance  in  the  treasary,  98;  members  of  the  two  Houses, 
9^ ;  array  of  business  talent  94 ;  three  classes  of  men : 
men  of  speech  and  Jndgtrip^t,  men  of  Judgment  and  no 
ipeeeh,  men  of  speech  n.id  no  Judgment,  94 ;  on  the 
rommlttoe  of  Bank  InTostlgatlon,  841 ;  bis  position  on 
I  tlie  alavery  question,  886, 

Bin,  how  ehangid  by  th»  War  of  1812,  af%d  their  luhtt' 
ipuni  asped.— War  of  1818,  1 ;  necessity  and  impor- 
JUnce,  1;  changes  it  produced  in  American  policy,  1; 
I  itate  of  the  finances  and  currency  under  which  it  strug- 
hH  1 ;  Its  termination  with  respect  to  its  causes,  1 ; 
I  pild  ceased  to  be  a  currency,  1 ;  silver  banished,  1 ;  local 
I  lanki,  1 ;  suspension  of  specie  payments,  1 ;  Treasury 
I  notes  resorted  to,  1 ;  depreciation,  1 ;  their  use,  1 ;  the 
■  Government,  paralyied  by  the  state  of  tbo  finances, 
VmtA  toaeek  peace,  1 ;  Impreaament  the  cause  of  the 
Ideclarationofthewar,  1;  first  time  in  modem  history 
luiat  a  war  terminated  by  a  treaty  without  a  stipulation 
lia  to  Its  cause,  1 ;  treaty  of  1807,  why  rejected  by  the 
iPreaident,  1 ;  ita  importance,  1 ;  the  war  ihowed  the 
iBrltlah  Government  that  the  people  of  the  United  States 
Ivonld  fight  on  the  point  of  impressment,  8;  no  imprcss- 
n«nt  since,  2 ;  causes  of  tbe  success  of  the  war,  in  spite 


of  tbe  empty  treasury,  2;  exemption  held  ly  right  aad 
by  might,  3 ;  the  financial  lesson  Uught  by  tbe  war,  'i ; 
the  lesson  when  availed  of;  2;  Its  effects,  8. 

The  second  Uauk  grew  out  of  the  war,  2 ;  currency  of 
tbe  constltatlun  not  thought  of,  2 ;  ;iatlonal  bank  re 
garded  aa  the  only  remedy,  2 ;  Its  constitutionality,  2 ; 
the  word  "ntctuary,"  2;  Hamilton'*  grounds  for  a 
bank,  2;  difflcultio*  of  the  flnancea  during  the  second 
war  aacribed  to  the  want  of  a  bank,  8 ;  ooncosslons  of  iu 
old  opponent*,  8;  many  subsequently  convinced  the 
constitutional  currency  had  not  bad  a  fair  trial,  8 ;  na- 
tional bank  shown  to  be  unnecessary  by  tbe  Mexican 
war,  8;  constitutional  question  decided,  8. 

Protection  of  American  Industry  as  a  substantive  ot>- 
Ject  grew  out  of  the  war,  8 ;  Incidental  protection  always 
acknowledged  and  granted,  8 ;  domvstio  manufiicturea 
wanted,  during  the  non-importation  period  of  the  em- 
bargo and  bostillUes,  8;  want  of  article*  of  defence  M\ 
during  the  war,  8;  protection  for  the  sake  of  protection 
carried  in  1818, 8;  course  of  legislation  reversed,  8. 

Question  of  internal  Improvements  developed  by  the 
war,  8;  want  of  facilities  for  transportation  felt  in  mil- 
itary operations,  8 ;  the  power  claimed  as  an  Incident  t» 
the  greatest  powers,  8 ;  found  in  tho  word  "  necessary," 
8;  complicated  the  national  legislation  ftrom  1820  la 
1880,  8;  the  qucstloa  does  not  extend  to  terrltoritA 
4;  no  political  rights  under  the  constitution,  4 ;  rtveri 
and  harbors— Internal  Improvement  of  based  on  the  com- 
mercial itnd  revenue  clause,  4;  the  restriction  contend- 
ed for,  4 

Boundaries  between  the  treaty-making  power  and 
the  leglshttive  department*  a  subject  of  examination,  4; 
the  brood  proposition,  4 ;  the  quaiiacatloii,  4;  a  vital 
one,  4 ;  which  department  to  Judge  of  encroachmonts 
by  the  other?  4;  discussions  In  Congress,  between  1b13 
and  1820,  on  this  point,  4. 

The  doctrine  of  secession  was  bom  of  tbe  war  of 
1812,4;  the  design  imputed  to  the  Hartford  Convention, 
4;  its  existence  raised  the  question,  4;  the  right  then 
repudUted  by  the  democracy,  4 ;  language  *eapecting  it 
then  south  of  the  Potomac,  4;  the  question  thu*  flu 
compromised,  not  settled,  8. 

Slavery  agitation  took  ita  rise  about  1819, 8;  manner 
in  which  it  was  then  quieted,  8;  the  compromise  a  clear 
gain  to  the  anti-slavery  side,  6;  a  southern  measure,  6 
its  features,  6. 


IN'DEX  TO  VOL.  I. 


D«bl  rrraUd  by  tba  w»r,  6;  kinouDt  of  lb*  publlo 
debt  It  lU  t\n»r,  ft ;  thr  pn>lilf>m  to  b«  •»lr«<l  »M  wh«tb> 
tr  •  (iiiMIr  ilrbt  ctiulil  ba  paid  In  t!  .  e  uf  |i«ac«,  S. 

I'lilillc  ilUlrsM  brnmiri  •  prouilornt  hatur*  ofiiibM- 
qiii'tit  jrpara,  R;  e<|ianiil<in  and  riillapua  uf  tba  bank,  ft; 
lliMiin  iif  InlVanil  I>t'i0,  A;  riiriitiirrclal  pmcaadlnK*,  ft; 
IfKlnliillva  proriMMlliiKii,  B;  iluirvu  tha  vr/— rillvf  tba 
ilaiimiMl,  t ;  yutxl  reaulta  of  tha  war,  t, 
4»'tnilintnt  t>/  M«  L'>/n<<Uu«ufl,— Mlitakca  of  Kumiwan 
wrllvniiin  our  •yiitt'in  of  (loTaminent,  HT;  Tbirra  aiict 
I>i- T»oi|Uevllli<,  H7;  tba  alaotora  but  an  lutriiinant  to 
iilN>y  tho  will  of  tha  pmipla,  87 ;  alcctora  uutlaia,  87 ; 
aniiMiilnixnt  pro|HMo<l,  87;  vlawa  of  tba  eonveutlon 
which  fraiiieil  tha  conitltutlon,  87 ;  liuntoo'i  ranuirka  un 
\  >\\twX  vuta  of  thu  people  for  rraililent,  B7;  "avll  of 
tbu  want  of  uniformity  In  tha  cboica  of  I'raaldantlal 
f  lei'tora  endanuiira  tho  riKhta  of  tba  paopla,  87 ;  tba  die 
trivt  ayttem,  IM ;  ortifln  uf  tha  gaoaral  tlokat  tyitam  In 
ll)  Hiatoi,  8t< ;  objection  to  •  diract  rota  of  tha  paopla 
eonaldcrod,  US ;  whvnca  tt  It  taken,  89 ;  admit  It*  truth, 
what  then?  81);  batter  olHoart  elected,  89 ;  ancient  hli- 
tiiry,  89;  triumph  of  popular  electloni,  89;  uthrr  objec- 
tions to  intoruicdiate  alecton,  40;  tlma  and  aiperlenoa 
condemn  the  continuance  of  tba  electoral  lyttam,  40; 
even  If  tha  plan  of  tha  conitltutlon  had  not  tUled,  it  Is 
better  to  get  rid  of  tho  elector*,  4C ;  biitorleal  esainploii, 
41." 

An  attempt  to  give  tho  election  of  Preildent  and 
Vice-President  to  the  direct  vote  of  tha  people,  7;* ; 
various  propositions  offered,  78;  commlttea  appointed 
to  reiiort,  ti\  plan  reported  by  the  con\mUtoe.  78;  Us 
prominent  features,  79 ;  abolition  of  the  electors  and  di- 
rect vote  of  tho  iMople— a  seeond  election  between  the 
two  bighest— uniformity  In  the  mode  of  election,  79; 
odvnntages  of  the  plan,  79. 

Krclwrion  of  Mtmhtrt  tif  Congrt»»  from  CUM  Offlct 
(i;>/>o<n(m«n<«,— Inquiry  into  the  expediency  of  amend- 
Intir  the  Constitution  so  a*  to  exclude  members  fk'om  ap- 
pointment to  civil  office  moved,  89;  motion  only  ap- 
plied to  the  t«rm  for  which  they  were  elected,  89 ;  cniii- 
mittoe  report  that  the  exclusion  should  extend  to  tho 
Presidential  term  during  which  the  member  was  elected, 
84 ;  proceedings  of  tho  convention  that  Aramed  the  con- 
stitution, 88;  other  conventions,  88;  extracts  f^om  the 
proceedings  of  Federal  Convention,  88;  early  Jealousy 
on  this  point,  88;  provisions  for  the  Indejiendenoe  of 
the  two  Houses,  88;  Instance  of  the  observance  of  these 
provisions,  84;  instance  of  the  contrary,  84;  the  Con- 
stitutional limitation  a  small  restraint,  84:  viewi  of  the 
"  Federalist,"  84 ;  what  hau  been  the  working  of  the 
Oovemmcnt?  63;  the  effects  of  legislation,  85;  other 
evils  resulting  fk'om  the  appointment  of  members  to 
stUce,  8ft;  tho  independence  of  the  departments  ceases 
between  the  Executive  ond  Legislative,  86;  examples  of 
early  Presidents,  86. 
tiiDinsoH,  BiciiAKD  C,  Jun,,  Representative  firom  Ken- 
tucky, 7 ;  nominated  minister  to  Panama,  66. 
ii>2>ropriaUon/i)r  Deftnctt  and  Fortifioaiion  JKW.— Pre- 
paration recommended  in  the  message,  ft54;  referred 
and  reported  on,  CM;  resolved  unanimously  that  the 
treaty  with  France  be  maintained  and  Its  execution  in- 
sisted on,  &ft4;  and  that  preparations  ought  to  be  made 
to  meet  any  emergency,  ftM;  appropriation  of  throe 
millions  inserted  in  tha  Fortlfleation  Mil,  OM;  rejected 
In  the  Senate,  6ft4;  House  Insist,  594;  Senate  adhere, 
6M;  remarks  of  Mr.  King,  of  Alabama,  654;  this  mo- 
tion never  resorted  to  nntil  more  gentle  means  have 
tailed,  554;  are  gentlemen  prepared  to  take  upon  them- 
tolvea  suca  a  U»tta\  responsibility  as  tba  rejection  of 


Ibis  blllf  BM;  la  what  d<w*  It  vIolaU  tba  *n«Mu„^,„~ 
665;  approprtaUona  uadar  Wa.bln«i..i,sa.ln.l»i.uvL 
666;  adberanca  oarrlad,  666;  confvnnna  ask«i|  i,  ,  J 
l|iiu«a,  666;   oomniUttas  dlsa«rw,  6M;  ,,,,.,u„„  ^  J 
Ilia  hour  of  the  tarmlnatliin  of  tha  •••■aluo,  .'At '  trn     1 
of  Mr,  C'aubrvlang,  666 ;  rtspoa*lbliily  put  ua  u^g,,, 
ate,  666. 
Aarilia,  WiLlUM  H.,  lieprvarntalUa  fruiii  VIrvltila,;  ,J 
ri'lVtrunco  uf  tba  bank  mvmurlul  to  a  svUtt  couniiiiJj 

on. 

ArKiiHMi  Ttrrilory,  tUMion  ./  a  part  ^ftoth*  Ck,r,i„\ 
llvaaons  for  making  her  n  Urst-clojia  Histn,  u; 
tcasl,    avgolistvd  alturiog  tha  wntsrn  boumUrv,  i)\ 
can  a  law  of  (Jonfrass  U  abolUhed  by  an  tmllaa  Un\A 
lu7;  Is  It  axpvdiant  to  weaken  the  future  Hu(«<iii;l 
lupreinaiy  of  tba  tmaty-maklng  puwar  cuniic|«r.il,  i,,;! 
power  In  Cougri-M  to  dispoaa  of  territory,  ii^j  ^^ 
treaty  ratlflsd,  Iih;  a  southern  meosura,  luH;  ta,|H 
thousand  squsro  miles  token  olT  of  slave  territory,  iih 
object  to  asaiRt  in  inducing  tha  removal  of  th*  t'i,<  J 
kees,  108;  Klut  became  of  tho  white  inhabltsau,  luil 
bought  by  the  government,  109. 

Arkania*  and  Michigan,  aUmittion  (2^— AppMcitluD  fJ 
an  enabling  act,  6il7;  Congress  raAoHi  to  pstilt, «;; 

,  people  bold  conventions  on  their  own  autliurltf  ij 
tuna  constitutions,  697 ;  message  couniunlcstlij|  i  j 
eonstltutlono,  "lioh'gan,  627;  refurrod,  idw  s  nnniurj 
entitled  f^om  the  "Legislature  of  MleblgsD,"  W,; 
Jeotton  to  iU  title,  tH»\  bill  reported,  «'iS;  objwti.d 
698;  remark*  of  Mr,  Buchanan,  698;  bill  pt«,<«<l  J 
sent  to  tha  Housa,  698;  tb*  practloa  uf  aduilulng  i  \\ 
and  a  slave  State  together,  629, 

Application  of  Arkansas  taken  up,  629;  reinirk<| 
Mr.  Swift  against  the  admission,  on  tha  gruuuj  ( 
shtvery,  699;  do.  of  Mr.  Buchanan  In  favor  uf  her  i 
mission,  699;  Prentiss  oppose*  the  adululuD  og  t 
ground  of  the  revolutionary  manner  In  which  the  iiu 
had  held  her  convention,  680;  remarks  of  Mr.  MuriJ 
680;  bill  pissed  and  (ant  to  the  Uousu,  681. 

Movsd  In  the  House  to  pottpono  tho  Michiifsa  to  ti 
up  tha  Arkansas  bill,  681 ;  remark*  of  Mr.  Tbomu,  6:ll 
the  point  of  Jealouiy  between  *oma  Southem 
Northern  member*  revealed,  681 ;  remark*  on  the  i 
tlon  to  refbr  both  bill*  and  combine  them  In  one,  i 
I-ewls'*  remarks  on  giving  the  Arkansas  bill  th«  prlor^ 
of  decision,  689;  further  debate,  688;  bills  nferreil] 
the  Committee  of  the  Whole,  684 ;  points  of  tho  debtuf 
First,  the  formation  of  constitutions  without  the  pre! 
ous assent  of  Congress;  Second,  the  right  of  illeoil 
Yota  before  naturallxation ;  Third,  tha  right  of  Arkuf 
to  b«  admitted  with  slavery  by  virtue  of  the  rightt  o 
State— of  tba  treaty  of  LouUiana  and  of  the  Mlt 
Compromise,  684, 685,  686;  on  account  of  the  w«loii| 
twenty -four  hours,  686;  bill  put  to  vote,  637;  stni^ 
to  bring  tha  bill*  to  a  vote  not  to  fa**  them,  687;  eiu 
687;  one  *p«olaI  one,  687. 

Abtob,  Jouk  Jacob.— His  colony  at  Astoria,  18,  IN. 

AvsTiK,  MotW|  founder  of  the  Texas  Colony,  674. 


Baldwiv,  Uikbt,  Representative  A'om  Penntylvult,! 

coadjutor  with  Clay  on  tha  MI**ourl  question,  10; 

pointed  Jn*tloe  of  tho  Suprema  Court,  190. 
Sank  qftk*  Vnittd  Statti.—y/hen  charter  of  flnt  ^^\\ 

1 ;  origin  of  tha  aacond,  S ;  It*  course  In  1813,  &. 
Constttntionality  and  expediency  called  in  4ueitlo| 

General  Jackson's  first  message,  168;  ssggestlonof  j 

founded  on  the  oredlt  and  revenue*  of  the  OoTergis 


INDEX  TO  VUL  I. 


«h*(  <l<Mt  It  tluUU   lb*  •i>M(llutl.it 

iM  uB4l«r  WMhlDKton't  ulnilnuirwi,, 
i»rr1*il,  UA;  tiinr«r»nM  m^kI  ij  i.,^ 
nniltttM  iUMft**,  UA ;  niwilLm  w  • 
■rnilnatliin  ut  th«  •rolno,  tM ;  timuK  I 
ing,  AM ;  rttpoDilbllttx  |>ul  uu  Um  b>uJ 

».,  B»|>rfiiriit»ll««  from  Vlridnlt,:., 
bank  iu>iii»>rlul  lu  ■  •vlict  cumuii'.^ 

^,  d<iM<on  '/  o  P*""*  </  <«  <*<!  r*iro4/, 
uukloR  iiur  k  llnt*cliiM  Hut«,  In;. 
fil  altiirtng  lh«  WMlern  iKiiimlMjr,  li,. 
nsniM  b«  •bolliheil  by  tn  Imllaa  bnt> 
iJ|«nl  toWMkuntha  futur*  Hut«n<i; 
U«  trvatx-mkking  pownr  conililarvil,  IutL 
gri'M  to  dlipoM  or  Urfltory,  lo*;  tJ 
HWi  k  •ontbern  ine«»ure,  liW;  twiul 
r«  mlU*  t»k«n  off  of  tUro  t«rrtl<ir;,  loj 
lo  loiluolDg  tb«  raiuuvsl  of  tlm  tin  rJ 
It  b«c«me  of  the  wblu  lnU»bluiiU,  \J 
liovernuicnt,  109. 
licMgiin,  inimtiilon  <i/;-Api)»lc»tl(,ii  rJ 
fit,  MT ;  Oougrew  utam  to  put  li,  i);;! 
•oDVOiitloM  on  tbelr  own  mlhorltj'  ul 
[tloDi,  697 1  ineiud*  coiDiiiunlutliii  tiJ 
I.  •Uoh'g»n,0*I;  rcfurroil,  uUo»nKiuntJ 
,  th«  "  LegUUtu™  of  Mlcblgin,"  ««;.,( 
itllU,  W8;  *>"'  toportod,  C'iS;  ulJiciiJ 
I  of  Mr.  Uucb»nun,  «»8;  lilU  pa**"!  <4. 
OUM,  8'i8;  tb«  prMtioe  of  ndumHiig  >  irJ 
lUkta  to(i)th«r,  t'ti,  F 

1  of  ArkBiuM  tukun  up,  629;  reinirkJ 
galnit  the   »duil»»lon,  on  th»  gruuuJ  i" 
;  do.  of  Mr.  Buobtnan  la  f»vor  of  her  t 
•   ProntlM  oppoMt  th*  •duilMlun  od  i 
I'e  r«volwtlon»ry  manner  In  which  the  su 
ir  convention,  m;  remukt  of  Mr.  Murij 
i«d  »nd  lent  to  the  Uouw,  881. 
the  Uott»e  to  poetpono  the  MlcUli^M  loU 
niM  bill,  981;  remark*  of  Mr.  Thomu,4l 
jf  Jculouiy  between   lome  Southern  i 
omber.  revealed,  681 ;  remark*  on  llie  i 
r  both  bill*  »nd  combine  them  In  one.i) 
«rk*  on  giving  the  Arkan***  blU  th.  prioil 
m-  further  debate,  688;  bllU  referred  J 
Ue  of  the  Whole,  684;  point*  of  the  i«t«i^ 
trmatlon  of  ooneUtuUon*  without  theptel 
Df  Congre**;  Second,  the  right  of  .II.mI 
natnralliatlon ;  Third,  the  right  of  AjUJ 
ted  with  elavery  by  virtue  of  the  righu  (J 
M  treaty  of  LouUlan*  and  of  the  Ml« 
«  684, 688, 686;  an  account  of  the  Mtloil 
'^'honr^  686;  bill  put  to  vote,  68T;  .tn># 
bllU  to  a  vote  not  to  i,a»*  them,  «n ;  c"' 

Mclol  one,  68T. 

AOOB.— HU  colony  at  Astoria,  18, 1». 
founder  of  the  Toxa*  Colony,  614 


■KBT.  Bepre«enUtlve  ftom  PennsylrwlJ 
with  Clay  on  the  MI»*ouri  qae»UoD,10; 
,*tloe  of  the  Saprema  Court,  120-  I 

'niUd  «a««.-When  charter  of  fl"t.ipl| 
,f  the  .econd, »;  lU  oourie »»  Wl'-'-  J 
rtlonallty  and  eipedlency  died  Inqu^N 
Mk«>n".  first  mewage.  168;  ."ggMtlonrfJ 
,B  the  credit  and  revenue*  of  the  OoTer.a' 


|M;  *c»l<t  eurreury  *»<l  >n  tn>lv|M*ii»nl  lr*Mvry  *ag> 

ffiM  III  (>i'n<T»l  .tkrliatin,  •ml  aiiitDivx'l  at  one*,  |M; 
r*iiM  of*  ri'M>rt  li>  Iho  ili'piwit  aynUin,  I.V* ;  Ihu  liVa  uf  a 
fiiTrrnmrnl  AM'at  »fnt  illiriiinlliril,  I.Vi ;  rrporU  uf  nine 
iiilllMi,  IA«i  war  uf  the  b»nk  rcuniiii'nri.il,  !.*>>•;  Itaalll- 
inrawllh  lb*  oppi»ltl<in,  IIW;  |w<  pnwrr,  l.'i^;  nUlfiiiilil 
nflU  prMMonl,  IM;  \U  (Miwur  lu  ruin  end  ilMtruy  lucal 
bMik>,  I'***. 

Cmorli'M  ai-tlvlty  In  lirlmlf  uf  llm  bank,  alnce  Ihu 
rretlil»Dt'»  niuMiMni  In  ItKO,  Ii7;  IIIIIk  it«n«no  tb«  olbrr 
llilo,  inl;  riirri-nt  all  M-ttliiK  umi  v  ity,  ItT;  fklliiro  of 
■tt«inpU  to  countvrart  It,  HT ;  pvnnliwlcm  wkuil  tii  Intro- 
)liir<i  a  roMilutliin  aualntl  the  re-clwrt«r,  l<t7 ;  ipovrb  on 
lh»  ixrulDn,  tbuwinx  that  the  Institution  hail  tim  much 
rwwcr  ovur  the  jwopla  anil  the  govarntnvnt— ovur  bii>l- 
nrM  and  |MiIltlvi;  and  iI1«|mm<*i1  to  imorclM  It  aiialhut 
frruilnm  anil  rquallly,  1S7;  prii(><i*al  to  revire  tho  iiir- 
ttnr/  of  the  cunitltutlon,  IH7;  **  willing  to  aeo  the 
curri'ncy  of  the  soTommi-nt  li'ft  to  the  hard  inoiii'y 
Intendt'il  !  y  the  constitution,"  187;  every  spocica  uf 
paper  lufl  to  the  HIata  goremments,  1S7;  experloncu  of 
France  and  KnKland,  lfl7;  a  hard  money  party  agnliiat  a 
paper  party,  1^7 ;  Juttiflcatlon  for  brlntflng  fbrward  tho 
Queallun  of  renewal,  188;  the  reports  on  previous  rcao- 
lutlons  offered  at  the  close  of  each  session  and  all  In 
llirur  of  renewal,  188;  then  n>llowed  the  metaago  of 
I'rctUli'nt  Jackson,  188;  Its  rvfuronee,  188;  report,  etc., 
\i»;  the  ciinduet  of  the  bank  and  It*  f^leniU  scound 
ground  for  Justification,  188;  thcso  procoedlnirs,  189;  un 
tisDiple  drawn  A-om  the  British  Psrllamout,  189;  re- 
marks of  Sir  Henry  rarnell,  169 ;  do.  of  Mr.  Hume,  189;  dn. 
of  Mr.  Edward  Elllce,  188 ;  do.  of  Blr  William  rulteney, 
1(0;  It  Is  tald  the  debate  will  litjuro  the  stockholilurs, 
depreciate  the  value  of  their  property,  and  that  It  l» 
wrong  to  sport  with  vested  rights,  190;  tho  stockholders 
know  the  fUct*  and  such  assertions  absurd,  190;  the  In- 
itltutlon  has  forfeited  It*  cbnrter  and  msy  bo  shut  up  any 
bour,  190;  the  case  of  the  Bank  vs.  Owens,  190;  purlla- 
nentary  rale  requiring  members  to  withdraw  who  have 
sn  Interest  In  the  subject  of  discnsslon,  191. 

The  bank  is  an  Institution  too  great  and  powerful  to 
be  tolerated  In  a  government  of  ttee  and  equal  laws, 
191 ;  on  renewal,  its  direct  power  must  speedily  bcoLie 
boundless  and  uncontrollable,  191 ;  anthorlxod  tu  own 
and  issue  ninety  millions,  101 ;  its  indirect  power,  191 ;  to 
whom  Is  all  thi*  power  granted  ?  19< ;  by  whom  Is  it  to  be 
exercised?  191 ;  it  will  become  the  absolute  monopolist 
of  American  money,  191 ;  what  happened  In  Great  Brit- 
ain in  1795, 193;  letter  of  the  bank  director*  to  Pitt, 
in ;  condition  o^  Oreat  Britain  at  that  time,  199 ;  it  sub- 
dued the  minister  to  the  purposes  of  the  bank,  199 ;  fi>r 
twenty  years  the  bank  was  tho  dominant  power  In  Eag- 
Isnd,  199;  cannot  the  Bank  of  the  United  State*  act  in 
the  tame  way  7  193 

Its  tendencies  are  .langeron*  and  pernicloos  to  the 
government  and  the  people,  193;  the  head*  of  each 
mischief,  199, 198. 

The  exclusive  privllogos  and  anti-republican  monop- 
oly which  it  gives  the  stockholders,  193;  the  exclualve 
Itgsl  privileges  It  gives,  193;  twelve  enumerated,  194; 
their  effect  and  bearing,  194;  compensation  made  by  the 
Bank  of  England  for  undrawn  balances,  194;  amount  of 
undrawn  balances,  194 ;  li^nry  eulTered  by  the  people 
on  account  of  the  uncompensated  masses  of  public 
tiumey  in  the  hands  of  the  bai.k,  195;  to  discredit  and 
disparage  the  note*  of  all  other  banks  by  excluding  them 
f^om  the  collection  of  tho  revenue,  196 ;  the  power  to 
keld  real  estate,  receive  rents,  &e.,  197 ;  effect  of  this 
vast  capacity  to  acquire  and  legal  power  to  retain  real 


(•lale,  197;  lk«  piiwer  In  d«*l  In  pawns,  in»rr|Hia<IU«, 
•  ml  bills  i.f  f irhaDk''.  \9*;  lo  Ml«|.lia>t  tr^nih**  In  the 
illlTarrni  lll(l*a  wUhmil  lh«ir  nia»<'nl  •nj  tii  <l.'rtibr«  uf 
Ihclr  r>-<l<tnnr«,  1*9;  •irmpilmi  nf  tlm  al'-rkliuliliT* 
friim  lmll«l<lu»l  llahlllly,  ifj;  lu  hn¥.i  lh«  (°nll.-<l 
HIali-*  for  •  imrtiK'f,  Knt.  vilrarl  friini  llio  afwrrL 
i.f  I'ullvnvy,  mfi ;  aiiiniint  nf  alix'k  own».l  by  fnfrUner^ 
Wl ;  rxempllona  from  ilun  raniran  of  law  fur  vlolsliout 
of  Its  rhartxr,  'Ktl ;  llhiu.  pr1tll.-,(i>a  avriiri>il  by  a  |>l'"lil* 
of  Ihu  public  fkltli  III  rharirr  no  olhxr  bank,  VM:  Ihn 
gnvfrntiirni  frorii  whli'li  wo  havo  iiiitijf  ll,l«  r«|iy  lias 
cumli'inui-d  lli«  I'rUlnal,  WJ  ;  i-iirri'«|Ki»ilrni'n  l.i'lwi'.ii 
thf  t'bunrrllnriif  the  Ktrlirqurrsnil  thf>  llatik  i|lrr<  tur'i, 
V'KI;  liiiw  was  IhU  lUbylon  pri«lral>'<l  r  'ii»| ;  rITi'tt  i>| 
Die  apeiii'h,  9(M;  how  It  wa*  rocelveil,  'iOt;  le»v«  r«- 

nim-il,  '.'IKV 

Hliili'innnt  that  the  bank  bos  fallnl  In  Airiilihtnn  a 
uniform  currency,  VJO;  It  vicious  ami  lllt-Kal  rurnuiy, 
i-M\  origin  of  Ihu  practice,  fiO;  luevu  to  brln;;  In  •  n'- 
•nlullon  diM'Urtng  It  iUuKai  isked  for,  'W;  ri'iumia, 
2'iO;  '*the  resolution  eipreases  Its  own  olijnci,  Til; 
the  eiirrenoy  arraigned,  tfil;  the  imlnts  nf  Im'iun- 
patlblllty  bctwenn  this  onrreni'y  and  Ihu  reiiulaltrs  of 
Ihn  charlvr,  til ;  Amrteen  points  stated,  Til ;  tlis  cur- 
rency fklla  at  every  lust,  991 ;  tlirtu  orders  cannot  wrve 
IS  currency  because  they  are  subject  to  the  law  of  en- 
dorsed paper,  999;  being  once  paid  they  are  done  with, 
9'29;  operations  of  the  bank  In  1817,999;  i>rlKln  of  the 
branch  bank  orders,  993 ;  tMs  currency  ouitht  In  be  sup* 
pressed,  993;  tho  (Set  o.  !.'gallty  aufllelent  to  rvi|ulra 
It,  993;  pernicious  consequences  result  from  It,  99); 
the  branch  bank  orders  aro  nut  payable  In  the  Stsles  In 
which  they  are  Issued,  993;  practice  of  the  Bank  of 
Ireland,  994 ;  leave  rehise<l,  994. 

Message  of  the  President  In  1999-30,  994;  Its  remark* 
relative  tu  tho  bank,  994;  the  position  of  llie  ciiiintltu* 
tlonal  question,  994 ;  the  democracy  opposed  not  only 
the  bank  but  the  latltnillnarlan  construction  whieb 
would  authorise  It,  995 ;  It  was  the  tumlUK  point  be- 
tween a  strong  and  splendid  goveroineni  on  one  xliln 
and  a  plain  economical  government  on  Ihn  other, 
limited  by  a  written  constitution,  99.') ;  the  conntrucllnn 
was  the  main  point,  995;  etTect  of  the  nieMUKe  on  th* 
democracy  of  Iho  country,  995;  Ibo  contoi>l  at  liaml,  995; 
violent  attacks  upon  Iho  Prenldent,  99S;  remark  uf  M. 
Tooqnovllle  on  President  Jackson  and  tho  bank,  991); 
every  word  nn  error,  996;  examined,  396;  application 
for  a  renewal  ul'  the  charter  when  and  why  made,  996 ; 
actlonof  friends  of  Jackson  and  the  bank,  897;  memo- 
rial for  renewal  presented,  997;  course  of  events,  997; 
•rror  of  De  Tocquevllle  exiioseil,  998;  another  extraut, 
S98;  Its  errors  exposed,  399;  couscquences  of  refusing 
the  re-charter,  399. 

J?<-oAarfer.— Convention  of  the  National  Republicans 
to  nominate  a  President,  389;  tho  nominations,  9ii3; 
addresses  of  Iho  convention,  383;  remarks  relative  to 
the  bank,  389;  "lis  beneficial  character,  939;  no  pretext 
of  any  adequate  motive  is  assigned  for  the  President's 
denunciation,  388;  are  the  people  ready  to  destroy  one 
of  their  most  valuable  Institutions  to  gratify  tho  caprice 
ofthe  President?  338." 

The  Bank  question  presented  as  an  Issue  of  the  eioe- 
tlon  by  its  friends,  988;  two  classes  of  ft-lends,  338 ;  one 
friends  ofthe  President,  the  other  against  him,  388;  how 
the  consent  of  the  former  was  obtained,  338;  memorial 
for  re-charter  presented,  338;  referred  to  a  select  com- 
mittee in  tho  Senate,  383 ;  referred  to  tho  Committee  of 
Ways  and  Means  In  the  House,  333 ;  reason  of  the  dlf> 
ference,  338 ;  motion  to  refer  to  a  select  oummittee,  334 


tr 


IKDEX  TO  VOL.  I. 


reowrki,  2m ;  thl>  'iii'Mure  entlrcljr  disconnected  ftvm 
the  Baltiiniire  convention,  294;  "a  iclec  oommlttae  the 
propitrone,  2>M;  the  caiiraa  iDtucb  caa««,<i)l;  the  que*- 
Uon  should  nut  be  taken  up  at  thU  eeaalon,  2M ;  the 
•tockholdera  Iclt  tb»  application  iIlMretlonary  with  the 
directors,  %5;  It  will  divide  the  whole  country,  23S;  thu 
bank  has  boeu  charged  with  using  Its  funds  and  thoee 
of  the  |>eople  In  operating  upon  and  controlllni;  public 
opinion,  28S;  this  of  sutflcleDt  consequence  to  demand 
an  accurate  inquiry,  2115;  charged  with  violating  it« 
charter,  28r>;  other  charges,  iSi;  incniorlul  referred  to 
Committee  of  Ways  and  Means,  285. 

Jtw(*UgaUon  ordered. — Course  nccossarj-  to  be  pur- 
sued by  the  opjiositlon,  28fi;  to  prepare  the  people  to 
sustain  the  veto,  280;  policy  of  the  bank.  leadens  286; 
reasons  for  taking  up  the  investigation  In  tbe  Ilotise, 
S86;  motion  for  inquiry  made,  286;  manner  in  which 
the  motion  was  treated,  236'  resistance  to  investigation, 
t84;  **a  re-charter  is  asked,  yet  the  frlenda  of  the 
bank  ahrlnlc  ft-om  inquiry,  236  ;  tbo  inference  which 
might  be  drawn  (h>m  this  resistance,  287;  what  la  the 
ground  of  opposition  ?  287 ;  how  the  memorial  waa 
treated  in  the  other  Ilonse,  287;  result  of  the  ezamliM- 
iloD  in :  319, 287 ;  three  years  after  it  went  into  extateni«, 
!t  was  on  the  verge  of  brnkruptcy,  287 ; "  right  of  either 
House  to  make  the  inquiry,  287;  the  miscondnct  of  the 
tank  in  numerous  instances,  287 ;  list  of  ooousatlons 
lealnst  the  bank,  2%S;  the  ft'iends  of  the  bank  obliged  to 
Icclare  In  favor  of  examination,  288;  modes  of  inves- 
Jgatlon  proposed,  289 ;  restrictions  proposed  to  the  in- 
|uiry,  280;  remarks  upon  the  manner  in  which  the  pro- 
josed  inquiry  has  been  treated  by  the  Uonso,  889 ;  re- 
niarka  on  modes  adopted  by  the  bank  for  extorting 
usury,  240 ;  another  mode  makes  the  loan  take  the  form 
»f  a  domestic  bill  fVom  the  beginning,  240;  effect  of  the 
debate  on  the  bonk  with  the  country,  240;  speakers 
against  the  bank,  240 ;  advocates  of  the  hank,  241 ;  the 
Committee  of  Investigation,  241;  its  composition,  241 ; 
three  reports,  241 ;  their  character,  241. 

Tlu  three  per  cent  debt. — This  a  portion  of  the  revo- 
lutionary debt  standing  at  sixty-four,  242;  money  in  the 
bank  to  pay  it,  242 ;  the  money  retained  to  sustain  the 
bank  and  the  debt  not  paid  until  it  rose  to  pur,  242 ;  re- 
marks on  the  course  of  the  bank,  242 ;  the  loss  to  the 
people,  243. 

Bill /or  re-diarter  reported.— Remarks  relative  to 
previous  charters,  248;  former  course  of  Webster,  248 ; 
bis  defence  of  his  prreont  position,  248;  "  the  years  that 
have  passed,  248;  the  effects  of  experience,  243;  action 
of  Calhoun  in  procuring  the  present  charter,  244;  the 
vote  of  Webster  against  it,  244;  his  views,  244;  evils  of 
a  dlsornered  currency,  244;  the  small  note  currency 
cause  of  the  sranll  amount  of  specie  in  the  country,  244 ; " 
the  grant  of  exclusive  privileges  and  the  bonus  required 
opposed,  245;  remarks  upon  them,  245;  the  present  ap- 
plication of  the  bank  opposed,  245;  "some  years  before 
the  charter  expires,  245 ;  now  late  in  the  scssUm,  245 ;  not 
time  to  do  Justice  to  the  subject,  245;  other  sabjecta  of 
imore  immediate  and  pressing  interest  must  he  tbrAwn 
aside,  246;  an  unfinished  investigation  presents  another 
reason  for  delaying  the  final  action  of  Congress  on  this 
•nbjeot,  246 ;  the  people  have  no  opportunity  to  make 
np  their  minds  on  the  information  now  printed,  246; 
this  question  belongs  to  the  Congress  elected  within  the 
lext  census,  246;  looks  like  usurpation  on  the  part  of 
this  Congress,  246;  different  representation  in  the  next 
Congress,  246;  a  charter  should  be  granted  with  as  little 
invaxion  of  tlio  rights  of  posterity  as  possible,  246;  this 
aiiosllim  inuFt  effect  tbe  presidential  election  If  not  de- 


cliie  It,  246;  take  a  IcMon  from  the  uionarehui  par|i( 
ment  of  England,  847." 

A  motion  declaratory  of  the  right  of  the  Statm  to  i4 1 
nilt  or  deny  tbe  establishment  uf  branches  of  the  inrii!,,,| 
ba>:k  within  their  limits,  oflvred,  1147 ;  remark*,  24:-  - 
this  amendment  is  (truck  out  it  Is  tantamount  to  a  if  w, 
Itttivo  declaration  that  no  such  richts  exifitefl,  2t; '  ,i, 
cislon  of  the  Supreme  Court  on  the  right  of  the  Statu  i«_ 
tax  the  branches,  217;    this  is  the  supremacy  of  thj 
bank  and  the  degradation  of  the  States,  247;  the  trmJ 
iiient  that  these  branches  are  necessary  to  en«bli>  ihJ 
Keiluml  Uovernment  to  carry  on  its  flscal  nperatlr>DC 
and  therefore  ought  to  bo  Independent  of  Htnte  Inw,^ 
tlon,  is  answered  by  Jie  determination  of  CongreM  i 
sell;  247 ;  every  thing  Is  left  to  the  bank  Itself  eirona 
the  branch  at  this  place,  247;   the  e8tabli^hln«nt  i.r| 
branches  Is  a  more  question  of  profit  and  loss  to  tU 
bank,  247 ;    point  of  the  question,  247  ;    motion  reJ 
Jected. 

Motion  to  strike  ont  the  exclusive  privileges  snd  td 
make  the  stockholders  liable,  848;  "example  of  t>;g_ 
Bcottlsh  banks,  248;  the  excellence  of  their  plan,  U*\ 
clauses  granting  cxclnaive  privileges,  248;  the  eitat,li.i,J 
mcnt  of  any  other  bank  by  the  United  States  prohlM: 
during  the  existence  of  the  charter,  848;  this  Is  contrar; 
to  the  genius  of  our  Government,  249;  the  reMririin 
upon  future  Congresses  is  at  war  with  every  princit.lj 
of  constitutional  right  and  legislative  equality  249;  ji 
this  Congress  to  impose  restrictions  upon  the  paver  vn 
their  successors?  249;  In  nine  months  this  Congrssii 
defunct,  240 ;  the  renewed  charter  will  not  take  ctrtTl 
till  three  years  after  tue  full  representation  of  tli^  cci| 
Congress  in  power,  240." 

Ail  amendments  proposed  by  the  opponents  of  ibJ 
bank  voted  down,  250;  the  Interest  of  members  of  tl,J 
Senaio  as  stockholders,  250 ;  bill  passed  in  the  Sciut^ 
and  Ilonse,  260. 

77k«  Veto. — "  If  this  government  sells  exclusive  priviJ 
leges,  it  should  at  least  exact  for  them  as  much  as  thry  ar  J 
worth  in  tho  market,  251 ;  the  present  value  of  the  mmuJ 
oly  is  seventeen  millions,  and  the  act  proposes  to  sell 
for  three,  351 ;  ho  w  can  the  present  stockholders  have  ai 
claim  to  the  special  favor  of  the  Oovernment?  251;  tliiJ 
act  does  not  permit  competition  in  the  purchase  of  tiiiJ 
monopoly,  251 ;  notjust  to  set  others  aside  and  grant ibii 
privilege  to  the  few  who  have  been  fortunate  enough  tol 
secure  the  stock,  251 ; "  the  force  of  precedents  for  con»i| 
tutlonallty  argued  against,  258 ;  decision  of  the  8npr('iii4 
Court,  252 ;  examined  253 ;  remarks,  262 ;  "  precedence » 
a  dangerous  source  of  authority,  and  should  not  be  topnlj 
ed  as  deciding  questions  of  constitutional  power  cscri>i 
whore  the  acquiescence  of  the  people  and  the  States  ij| 
veil  settled,  258 ;  precedents  are  really  against  tho  bank, 
253 ;  if  the  opinion  of  the  Supreme  Court  covered  ihj 
whole  ground  of  this  act,  it  ought  not  to  control  the  col 
ordinate  authorities  of  this  Government,  258 ;  in  the  a«4 
relied  on,  the  Supreme  Court  have  not  Ueclded  that  a 
the  features  of  this  corporation  are  cf'mpatible  vith  lit 
constltatton,  858;  the  misconduct  ot  the  instituiloDl 
both  in  conducting  its  business  and  in  resisting  Invciil 
gallon,  258 ;  suspicions  are  entertained  and  charges  ni.Li!| 
of  gross  violations  of  the  chartar,  258;  the  recomiiieniii| 
tion  of  a  majority  of  the  committee,  253;  additiuii 
reason  for  less  haste  and  more  caution,  258." 

The  great  speeches  from  the  advocates  of  the  binlj 
now  made  to  repel  the  effects  of  the  veto,  254;  a  tran-j 
fer  of  the  question  to  tbe  political  arena,  254;  toiM 
presidential  election,  854;  frightful  distress  prcillcudl 
und  a  chitnge  of  the  chief  magistrate  the  only  uieans »! 


INDEX  TO  VOL.  I. 


•  ler«on  from  the  muntrehUl  pvHt 

ir»tory  of  the  rluht  of  the  »t«t««  to  «*  I 
■ctabllthmt'nt  of  bnnrhr*  nf  the  motlirtl 
r  limit*,  offered,  M7 ;  remarks  Ul; 
Is  (truck  out  It  Is  taiitamnimt  <.i>  a  \t^,n 
n  that  no  Kuch  rlchtstxletnl.sn;  I'.J 
reino  Court  on  Iho  rlirht  of  the  (*utf»  m 
■»,  'i»T',    this  Is  the  siipreiiiscy  of  thii 
•jrnulntlon  of  the  States,  247 ;  the  »rpiJ 
)  branches  nre  necessary  tu  cnnbl*'  thJ 
imont  to  carry  on  Its  flsoal  opcritli.Di 
iiglit  to  bo  Independent  of  titAte  lfi:l.>:i 
A  by  Ihe  dotonnlnatlon  of  ConirrcM  It. 
'  thlntr  Is  left  to  the  bank  lUvlf  eicr|i|| 
this  plnco,  24T ;   the  establWiment 
note  question  of  profit  and  Ums  to  tl.J 
Int  of  the  question,  247  ;    motion  reJ 

Ike  out  the  exclusive  prlTllcfies  uiil  tfl 
kholders  liable,  248;   "example  of  il,j 
,  248;  the  excellence  of  their  plan, ' 
g  cxclndve  privileges,  248 ;  the  ettaMHiJ 
her  bank  by  the  United  States  prohllil 
itcnce  of  the  charter,  248;  this  la  contrarj 
of  our  Government,  249 ;  the  reslrictionj 
JongreMes  is  at  war  with  every  prinoij,] 
lal  right  and  legislative  equality  i49;  J 
»  Impose  restrictions  upon  the  power  i 
rsf  848;  in  nine  months  this  CungT'ssJ 
the  renewed  charter  will  not  take  cir«l 
rs  after  tae  full  representation  of  IK  Ltil 
.wer,  240." 

aenta  proposed  by  the  opponents  of  (hd 
own,  250 ;  the  Interest  of  raenibtrs  of  ilJ 
^kholders,  200 ;  bill  passed  In  the  Seoilj 

"  If  this  government  sells  exclusive  privil 
I  at  least  exact  for  them  as  much  as  tlicj  sr^ 
larket,  281 ;  the  present  value  of  the  monof. 
en  millions,  and  the  act  proposes  to  sdl  il 
how  can  the  present  stockholders  have  anjl 
pedal  favor  of  the  Government  f  251;  th  J 
ermlt  competition  In  the  purchase  of  tliiJ 
. ;  notjust  to  set  others  aside  and  grant thJ 
16  few  who  have  been  fortunate  enough  tol 
ok,  251 ; "  the  force  of  precedents  for  consiil 
;ued  against,  282 ;  decision  of  the  Siiprcui  J 
Lamlned282;  remarks,  282 ;"  prccedonc  J 
)urce  of  authority,  and  should  not  bo  tc?  anli 
g  questions  of  constitutional  power  cxctil 
lulescence  of  the  people  and  the  States  iJ 
188;  precedents  are  really  against  tho  ban  J 
l)tnton  of  the  Supreme  Court  covered  ttJ 
1  of  this  act.  It  ought  not  to  control  tk  wj 
oritles  of  this  Government,  288;  In  thee 
I  Supreme  Court  have  not  aeclded  that  i 
)f  this  corporation  are  ctmpatlble  withtliJ 
258;  the  misconduct  ot  the  InstltuiloDl 
ictlng  Its  business  and  In  resisting  Invesiil 
lusplclons  are  entertained  and  charges iiia.lj 
tlons  of  the  chartsr,  288 ;  the  recomnienJj 
^Jority  of  the  committee,  288;  additloni 
a  haste  and  more  caution,  288." 
speeches  from  the  advocates  of  the  lull 
repel  the  effects  of  the  veto,  254;  a  tran  j 
iiestlon  to  the  political  arena,  2M;  toiJ 
election,  264;  frightful  distress  pre.lictrij 
of  the  chief  magUtrate  the  only  mc»n»« 


(vertinir  the  calamity,  S.%4;  remarks  of  Webster  on  this 
pi.lnl,  S.%4;  remarks  of  White  u|>on  the  bank  taking  thi> 
j.'Silof  a  politisal  party,  884;  the  distress  pictured  by 
Clayton,  'i-M;  the  wlndlni;  up  of  the  bank,  with  rcganl 
to  time,  285 ;  case  of  the  previous  bank,  885 ;  menace  of 
distress  from  the  bank  If  denied  a  renewal,  entirely  gra- 
tuitous, 285;  vehement  declamation  against  the  vctci, 
2.Vi;  remarks  of  Clay  on  the  veto  power,  8.VI;  reply  of 
Bt'nton,  285;  ohJecU  of  the  vetoes  of  tho  French  kini;, 
2:iG;  ■*  the  fhble  of  the  cat  and  the  eagle,  286;  why  de- 
l«to  the  bank  question,  now  It  Is  vetoed,  and  not  dvbato 
it  before r  257;  the  bank  Is  finished,  why  debate  it 
nowf  287;  the  bank  U  In  the  field,  a  fcarfbl  and  tre- 
iiiendous  combatant  In  the  presidential  election,  2.'>7 ; 
the  Great  West  Is  selected  as  the  theatre  of  her  opera- 
tions, 287 ;  ruin  is  to  be  tho  punishment  of  the  West, 
if  she  votes  for  Jackson,  287;  the  bank  debt  has  been 
{rested  for  electioneering  pur|)osc8,  888 ;  this  point  ex- 
aiiilned.  288;  the  establishmon  t  of  several  now  branches 
and  the  promise  of  more,  259 ;  the  alleged  necessity  for 
tho  prompt  and  vigorous  collection  of  this  debt.  If  the 
charter  Is  not  renewed,  289 ;  the  opinion  of  the  Senator 
from  Kentucky,  about  the  legality  of  thia  trust,  259 ; 
race  in  every  ten  years  the  capital  of  this  debt  Is  paid  In 
interest,  289 ;  tho  ruinous  drain  of  capital  In  hard  money 
from  the  West,  259 ;  the  old  bsnks  of  Ohio,  Kentucky, 
and  Tennessee,  defended  fVca  de  aspersions  cost  on 
them,  860;  manner  In  which  ;h<)  charter  was  pushed 
through,  ponding  an  investigation,  860;  the  foreign 
stockholders  of  the  bank,  260 ;  the  bank  a  monopoly. 
261;  English  authority  for  calling  the  Bank  of  England 
a  monopoly,  and  the  British  bank  In  America  Is  copied 
tram  It,  861 ;  the  President's  idea  of  his  oath,  861 ;  his 
independence  in  construing  the  constitution,  262;  tho 
drain  upon  the  resources  of  the  West,  made  by  the  bank, 
US ;  address  to  the  Jackson  bank  men,  262 ;  address  to 
the  West,  202;  the  dangerous  power  of  the  bank  and 
the  present  audacity  of  her  conduct,  268." 

"Dlssatlsfhctlon  expressed  that  the  speeches  of  some 
Senators  fill  the  galleries,  and  those  of  others  empty 
them,  208;  charged  with  a  want  of  courtesy  to  the  Pres- 
ident, 268 ;  charges  of  the  Senator  ttom  Missouri,  onco 
a^nst  the  President,  263. 

"  No  adjourned  question  of  voracity  between  tho  Sen- 
ator from  Missouri  and  the  President,  864;  the  prediction 
charged  upon  the  Senator  ft'om  Missouri,  264; "  fVirthir 
debate,  264 ;  dlrefiil  picture  of  distress  drawn,  265. 

Delay  in  payiitg  th»  three  per  eenit. — Message  re- 
commended that  the  United  States  stock  should  be 
sold,  and  that  a  committee  bo  appointed  to  investi- 
fM  Its  condition,  287;  referred  to  a  special  com- 
mittee of  ft-tends  of  the  bank,  237 ;  objected  that  the 
committee  should  not  proceed  until  the  report  of  tho 
agent  of  the  Secretary  of  the  Treasury  was  made,  2S7; 
lis  depreciation  of  the  stock,  287 ;  this  objection  falla- 
cloas,  2S7 ;  the  loss  of  the  bank,  by  depreciation,  statt-d 
St  half  a  million,  288 ;  nothing  before  the  House  to  make 
•a  Inquiry  Into  the  condition  of  the  bank  desirable,  288 ; 
erentual  ability  to  discharge  all  its  obligations,  is  not 
of  Itself  sufficient  to  entitle  the  bank  to  the  confidence 
of  the  Government,  283;  what  was  the  Executive  com- 
plaint against  the  bank  f  288;  that  it  had  interfered  with 
the  payment  of  the  pabllo  debt,  288;  effect  of  the 
(barges  upon  the  feelings  of  the  corporators,  288 ;  the 
report  of  the  agent,  888 ;  the  exhibit  contrasted  with  Its 
ictnol  state,  2S8;  a  large  surplus  presented  for  the 
stockholders,  288 ;  the  report  a  mere  compendium  of 
the  bank  retnms,  289;  proceedings  of  the  bank  with 
ttgard  to  the  thren  per  cents,    839;  Investigation  re- 


ferred to  the  Commiltoe  of  Ways  and  Means,  2W 
report,  8s9;  pnbllr  dcponlls  roportcl  entirely  safe,  2^9 
rcwiliitlon  to  ciintinue  thu  ili'|i<nlt.i  In  tho  h^nk  otTi'm^ 
2-!t;  di'hate,  i'S;  the  bank  ixrceded  its  It'gltlniatt 
authority  In  rciatlon  t»  the  three  |>.t  c^'lll^  iWl;  l>*<J 
the  bank  proiiiptiy  paid  the  public  ii^noy  dcpiHiili'd  is 
Its  vaults  wlien  called  for,  29<) ;  proci'..llni{»  of  the  bank, 
890;  renoliillon  carried,  291;  loss  by  the  manner  the 
three  per  cents  wore  paid,  801. 

fiiU  n/SlofJc  in  «!#.— ;*3le  of  rnllcd  States  stock  ia 
all  corporote  companies  reeumniended  by  the  President, 
894;  partnership  of  governiuent  with  corporations 
ciindeinned,  894;  bill  lntro<lucod,  291;  moved  to  reject 
It,  294 ;  debate,  894 ;  Indignation  at  tliis  persecution 
(if  a  national  Institution,  894;  Indignities  to  which 
members  v.-oro  subjected  who  pit'sumed  to  tuko 
any  step  concerning  the  bank  which  niiUtatod  againut 
that  corpurntion,  893;  a  plai.t  business  proceeding, 
8115;  an  Isohitod  proposition,  295;  tho  bill  summarily 
rejected,  295;  fifty  members  borrowers  of  the  bank, 
290;  the  sanio  thing  had  happened  onco  before,  2'.)(>; 
proposed  In  1327  to  sell  tho  stock  solely  on  the  ground 
of  public  advantage,  296;  remarks  on  this  proposliiou  at 
the  time,  896;  reflections,  896. 

liemoval  qf  the  DtpoHte.—Orier  for  removal  Issued 
by  tho  Secretary  of  tho  Treatury,  8T.J;  tho  President's 
own  message,  874;  reports  of  directors  to  the  President, 
874;  extracts  ft'om  them,  874,  875 ;  resolutions  adopted 
by  tho  board,  870;  further  outrages  of  the  bank,  870; 
tho  exchange  committee  of  the  banks,  878;  paper  read 
by  President  Jackson  to  his  Cabinet,  870;  extracts,  877, 
873;  Impression  produced  by  the  removal,  879. 

Proceedings  of  the  Bank  on  tfie  renunal  qf  the  J)e- 
ponitt.—the  reference  of  the  President's  pa|>er  to  a 
committee,  879 ;  report,  879 ;  extracts,  879 ;  its  temper, 
879;  gives  tho  lead  to  proceedings  In  Congress,  88u; 
tho  violations  of  law  and  tho  constitution  referred  to, 
880;  amount  of  tho  charges  against  ihe  President  by  the 
bink,  8S1. 

Jteport  of  the  Secretary  of  the  Treasury  relative  to 
removal  of  the  Depositn.—lleaom  for  tho  ccssotion  of 
deposits  in  tho  bank,  831 ;  the  duty  of  the  Secretary, 
881 ;  no  prospects  of  a  renewal  of  the  charter,  8S2 ; 
other  reasons,  3S3;  the  board  of  directors,  8S3 ;  author- 
ity of  the  Secretary  to  remove  the  deposits,  884;  the 
deposit  bank^  8S5;  difficulty  of  obtaining  the  deposit 
banks,  885 ;  power  of  tho  Bank  of  tho  United  States,  8S.'i. 

In  the  Senate.— 'RoiuiTt  considered,  898 ;  proposed,  that 
tho  Senate  act  upon  It  at  once  without  the  intervention  ot 
a  committee,  898 ;  the  Honso  the  proper  place  to  Inves- 
tigate the  charges  made  In  that  report,  89:1;  resolution 
offered,  893;  referred,  894 ;  report,  894 ;  remarks  on  the 
despotism  of  the  committee,  894;  reply,  894;  rcjwrt 
drawn  by  the  counsel  for  the  bank,  894  ;  InoHlclency  ol 
the  resolution,  895 ;  no  action  proposed,  895;  resolution 
adopted,  895. 

Itosolutlon  subsequently  proposed  again  with  another 
requiring  the  return  of  the  deposits  to  tho  bank,  896 ; 
remarks,  896;  Impropriety  of  the  resolutions  so  near 
the  close  of  tho  session,  896;  other  consldorattons,  897; 
resolutions  adopted,  897;  sent  to  tho  Uonso  and  not 
taken  np,  897. 

/ft  the  //<nM«.— Report  of  the  Secretary,  memorial  ol 
the  bank,  and  of  the  government  directors  referred, 
898;  report,  893;  adopted,  893. 

Government  Directors,  fffir  Xominntlon  and  /?«• 
jeition. — Oppo.sitlon  manifested  to  four  of  the  five  noin 
Inated,  895;  resolution  of  Inquiry  Into  their  fitness,  .to. 
oflered  and  rejected,  838 ;  four  rojocte<l,  8'>6;  no  coni« 


tJM 


I''';  III 


r?  7 


i 


si' 


rr 


INDEX  TO  VOL  I. 


plaint  >4calii9t  them  oxcvpt  fruiii  tliu  bauk,  8^0;  rejoctcil 
fur  the  report  mailo  tu  tbu  rrusltluot,  S»6;  ri-nuiiil- 
natrd,  896;  uicfuogu,  8^6;  extracts,  897,  6Hi;  question 
r&Uud  0.1  tu  whicli  was  thu  nuiulnatlujf  power  fur  bunk 
directors,  the  Vresident  and  Senate  or  tlia  Ban):  and 
tiuuato,  8iM;  drterniluatlon  to  try  tUUi  questluu,  8:>tf; 
message  referred  to  a  cuuimittee,  8el);  report  airalost  tlie 
re-nooilnatiuns,  8':i9;  t)'e  absolute  right  of  the  Senate  to 
reject,  8^9;  their  privilege  to  give  no  reasons,  8S9;  thu 
general  policy  of  making  re-nominations,  8ij9;  extracts, 
8!;9;  uicinoriiU  of  the  rtjccted  directors,  8S9 ;  extracts, 
890;  their  rights  and  duties  as  government  directors, 
890;  opinion  of  Alexander  Ilamiltoa  relative  to  gov- 
ernment directors,  891 ;  opinion  of  Alexander  J.  Dallas, 
891 ;  reasons  why  the  motion  to  strike  out  government 
directors  was  resisted  when  the  charter  was  under  con- 
sideration, 891 ;  they  are  the  guardians  of  the  public 
interest,  and  to  secure  a  Just  and  honorable  administra- 
tion of  the  all'uirs  of  the  bank,  891 ;  the  nominations 
again  rejected,  892;  reasons  kept  secret,  892;  motion 
made  to  publish  the  proceedings,  892 ;  loMt,  892 ;  re- 
marks on  the  lieportof  the  Committee  of  Investigation 
relative  to  the  £xcbango  Cummittce,  892. 

Call  on  tlit  President  for  a  copy  of  t/ie  paper  read 
to  his  Cabinet— llequeat  to  be  Informed  if  it  was 
genuine, 899;  and  ifso  to  furnish  a  copy,  899;  Senate  nut 
the  branch  of  the  Legislature  to  call  for  this  document, 
899 ;  uses  to  which  the  paper  might  be  put,  899 ;  it  can- 
not be  rightfully  called  for,  899;  resolution  passed,  400; 
answer  of  the  President,  400;  denied  the  right  to  call, 
6lc.,  400. 

Attempted  Investigation. — Select  Committee  ap- 
pointed in  the  House  to  investigate  the  atfuirs  of  the 
United  States  Bank,  453 ;  objects  to  be  ascertained,  459 ; 
authority  given  to  the  committee,  459;  right  of  the 
House  to  make  the  investigation,  459 ;  proceedings  of 
the  bank  to  defeat  investigation,  i69 ;  report  of  com- 
mittee, 459;  extracts,  400;  treatment  of  their  call  for 
certain  books,  461 ;  action  under  subpoenas,  461 ;  a  war- 
rant recommended  for  the  apprehension  of  the  presi- 
dent and  directors,  461 ;  the  committee  of  1819,  462, 

Investigation  hy  the  iS«na<«,— Since  much  ground 
lost  In  public  opinion  by  resisting  the  Investigation  of 
the  House  to  retrieve  the  bank,  an  Investigation  com- 
mcnoes  In  the  Senate,  4T0 ;  committee  moved,  470;  view 
of  this  act  of  the  Senate,  471 ;  the  members  of  the  com- 
mittee defenders  of  the  bank,  471;  the  only  semblance 
of  precedent,  471;  called  the  "Whitewosliing  Commit- 
tee," 471. 

Downfall  qf  ftie  ifdnifc.— Copy  of  resolutions  of  its 
etockholdcrs,  471 ;  extracts  from  Philadelphia  papers, 
472^  report  of  the  Finance  Committee,  481 ;  its  friendly 
reception,  4S1 ;  its  contents,  4K\ ;  its  declarations  con- 
tradicted by  Senator  Benton,  iS2;  extracts,  482;  impu- 
tations upon  the  President,  Vice-President,  and  Senator 
}ienton,  482;  committee  departed  f^om  the  businen 
with  which  they  were  charged,  488;  the  charge  of  hos- 
tility to  the  bank  on  the  part  of  the  President,  488;  de- 
fends the  Secretary  of  the  Treasury  against  the  Injputa- 
tions  of  the  report,  484;  misconduct  of  the  bank  shown 
from  recent  facts,  484;  the  abduction  of  •  million  and  a 
half  fl-om  New  Orleans,  486;  the  report  ex-partt,  ^6; 
reply  In  defence  of  the  report,  486 ;  extracts,  486.  iStt 
JaclctorCt  Administration. 
Banks  in  the  District,  rec7utrter  o/— Speech  of  Senator 
Benton,  658 ;  "the  charters  wrong,  66S ;  no  bank  of  cir- 
culation ought  to  be  authorized  in  this  district,  659; 
none  to  furnish  other  currency  than  large  notes  should 
bo  chartered  anywhere,  059 ;  ameliorations  in  charters 


proposed  to  be  granted  in  order  to  ren<l«r  thtm  '« 
dangirous  to  the  community,  659;  liability  of  t  d 
ktockbuldurs,  059;  bunk  stock  to  bo  subjfct  w  Uxaii" 
like  other  projiorty.  B59;  to  issue  no  null's  i,,„  ,i 
twenty  dollars,  659;  the  charters  to  be  rcptalablo  at  ti 
will  of  Congress,  659;  evil  of  small  notos  tlufc^-d  un.lf 
three  heads,  CtW;  the  banishment  of  gulil  anJ  »i|v., 
counterfeiting  and  throwing  other  burdi'n:!  of  |,„^ 
upon  the  p<N)rcr  classes,  CflO;  the  basis  of  rirculi:,.,! 
throughout  the  country  should  be  bard  money,  6<W'  thi 
true  idea  of  banks  seemed  to  be  lost  in  the  couiitn  iVi\ 
the  faculty  of  iasuing  paper  money  renders  Lunkj  ,ia„ 
gerous,  663;  progress  of  banking  business  U  ttlarinini 
and  deplorable  in  the  United  States,  66,');  the  bunlro 
which  the  banks  Impose  on  the  people,  6(ii ; "  recliariei 
carried,  665. 

Babboub,  Ja>.bs,  Senator  from  Vir^nl*,  7;  governor.: 
votes  for  the  Missouri  Compromise,  S;  on  tlio  Virviaii 
resolutions,  85 ;  Secretary  at  War,  65 ;  negotiates  trcai J 
with  the  Cherokees,  107. 

Babboub,  Philip  P.,  Representative  from  Vlrpinii, : 
selling  the  stock  of  the  Uniteil  States  in  the  bank,'J<ij] 
his  character,  296. 

Babbt,  Williaii  T.,  Postmaster  General,  120;  sppoipteJ 
MlBlstor  to  Spain,  181. 

Batabd,  James,  Commissioner  at  Ghent,  91. 

Behton,  Thomas  II.,  instigator  of  the  clause  prohibiting  |J 
gislatlve  interference  with  slavery  In  the  cunatitutiuJ 
of  Missouri,  8;  his  first  experience  in  standing  "solluirj 
and  alone,"  16;  views  relative  to  the  settlement  fl'ijrj 
gon,  18;  first  8Ui:gest8  sending  ministers  to  Orientals  J 
tions,  14;  denounces  the  treaty  of  1813, 1,5, 17;  ojovj 
amendment  to  the  constitution,  87 ;  visit  to  Jeff'.rw j 
48;  offers  a  bill  to  occupy  Columbia  river,  Ou;  reuurJ 
on  the  treaty  with  the  Creeks,  61 ;  on  the  duty  oq  ij 
digo,  97;  on  the  sale  of  the  public  lands,  103,  ISO; 
slavery,  136;  on  the  peroration  of  Webster,  142;ontlJ 
regulation  of  commerce,  151;  the  repeal  of  the  sim 
salt  tax,  155;  on  the  Bank  of  the  United  States,  l;l| 
his  silence  relative  to  the  nomination  of  Van  liuren  i 
Minister  to  England,  218;  letterto  VanBurcD,2H; 
the  illegal  currency  of  the  Bank  of  the  United  SutJ 
220;  on  government  expenses,  231;  against  tliecKlJ 
Blve  privileges  of  the  bank,  245 ;  reply  to  Clay  on  ti 
veto  power,  255,  256;  on  the  compromise  tariff  bil 
819;  on  home  valuation,  824;  on  Missouri  rosi<lutioi/ 
860 ;  on  report  of  the  Secretary  of  the  Treasury,  iat 
on  the  removal  of  the  deposits,  406 ;  gives  notice  of  il( 
expunging  resolution,  428;  on  a  gold  currency,  43ii; 
public  distress,  462 ;  on  the  Beport  of  the  Senate  Cod 
mittee  to  investigate  the  alfairsofthe  bank,  482;  rei 
tive  to  the  expunging  resolutions  of  Alabama,  i)-U\  ( 
the  Branch  Mints,  651 ;  on  distribution  of  the  prooei 
of  the  public  lands,  660 ;  on  the  memorial  to  aboliJ 
slavery  in  the  District  of  Columbia,  677 ;  on  I'ri'ccb  j 
fairs,  691 ;  on  abolition  petitions,  617 ;  on  the  k  ihdJ 
iiig  resolution,  645;  on  distribution  of  the  Iaadpro,;ed 
649,  662;  on  rrcharterinir  the  district  banks,  6i3;| 
Texas  Independence,  670 ;  on  the  specie  circular,  Cil 
on  revision  of  the  specie  circular,  696,  7ul ;  on  the  i 
tax,  714;  on  the  Expunging  resolution,  719. 

BiBBiBN,  John  M.,  remarks  on  the  treaty  with  the  Cre(| 
63;  attorney -general,  120;  resigns  his  seat  la  tlie  ( 
net,  181. 

BiBB,  Geobob  M.,  on  home  Taluation,  824;  on  the  Frenj 
spoliation  bill,  48T. 

.SirtAday  of  Jefferson  and  the  doctrine  of  nulliflc(itlon.ll 

Blaib,  FsANris  P.,  how  lid  to  establish  the  Globe  oef 
paper,  130. 


INDEX  TO  VOL.  I. 


(cnnteJ  In  urilcr  to  ran>I«r  them 
le    Guminuuity,  6&V;    IkUlitjr   of  t:,i 
i;  bank  stock  to  bo  aubji'ct  to  Usatini 
orty . »»» ;  to  iMuo  no  ncjlfs  Ii:m  tuJ 
X,'J\  the  cliarteM  to  bo  rcpialal/lc  at  v.., 
1,  OMI;  evil  of  smiiU  notes  clauvil  iin<lrj 
0;  the  baninbinent  of  gold  anJ  tilvrr 
and  throwlnu  other  burdini  i,f  !.►,„ J 
.•r  classci,  ecu;  the  buia  of  rircult'.ioj 
country  eboulil  be  bard  money,  Mi ;  ili 
ks  seemed  to  bo  lost  In  th«  country,  i}<;i| 
isulng  paper  money  renders  bunks  duil 
ogress  of  banking  business  U  alarnuni 
in  the  United  SUtes,  66:) ;  the  bunl.i 
ji  impo«e  on  the  people,  6S1 ', "  recburtej 

Senator  from  VlrK'nl^  T;  governor,;^ 
illssourl  Compromise,  8;  on  tho  Vlminli 
;  Secretary  at  War,  65;  negotiates  tnaiJ 
)kees,  luT.  | 

P.,  Keprcsentatlve  from  Virginia, '.; , 
ck  of  the  United  States  In  the  baul>,  '2961 
296.  I 

T.,  Postmaster  General,  120 ;  appointoJ 
lain,  ISl. 

Jommlssloner  at  Ghent,  91. 
II.,  Instigator  of  the  clause  probibitin;  \i 
•fcrence  with  slavery  tn  the  constltuuul 
;  his  first  experience  In  standing  "soliUFf 
I ;  views  relative  to  the  settlement  o'oJ 
suggests  sending  ministers  to  Orlenul  nj 
louucos  the  treaty  of  1818, 15, 11;  movj 
to  the  constitution,  8T ;  visit  to  Jcff..rsoJ 
dU  to  occupy  Columbia  river,  60 ;  rcuiatJ 
with  the  Creeks,  61;  on  the  duty  on  i 
the  sale  of  the  public  lands,  103, 150; 
on  the  peroration  of  Webster,  142;oiitlJ 
commerce,  151;  the  repeal  of  tlie  liluJ 
on  the  Bank  of  the  United  States,  Is^ 
dative  to  the  nomination  of  Van  Buren  ( 
:ngl8nd,218;  letter  to  Van  Buren,  2B;i 
irrency  of  the  Bank  of  the  United  SutJ 
srnment  cxponsca,  231;  against  tliecscll 
lis  of  the  bank,  246;  reply  to  Clay  on  ilJ 
256,  256;  on  the  compromise  tariff  bil 
evaluation,  824;  on  Missouri  rcsi.lutioif 
)rt  of  the  Secretary  of  the  Treasury,  S)l 
val  of  the  deposlU,  406 ;  gives  notice  of  t J 
esolutlon,  428;  on  »  gold  currency,  436;  J 
S8, 462 ;  on  the  Eeport  of  the  Seunte  CoJ 
irestigate  the  »fralrsofthe  bank,4S2;relJ 
izpunging  resolutions  of  Alabama,  oU;  f 
Mints,  651 ;  on  distribution  of  the  procen 
lo  lands,  660 ;  on  the  memorial  to  abulij 
lie  District  of  Columbia,  677  ;  on  French  j 
n  abolition  petitions,  617;  on  the  I  pud 
m,  645;  on  distribution  of  the  landprweeJ 
'r»charterin(t  the  dtatrlct  banks,  655;j 
pendeuce,  670;  on  the  specie  circular, «:] 
of  the  specie  circular,  695,  701 ;  on  the  i 
the  Expunging  resolution,  719. 
M.,  remarks  on  the  treaty  with  theCwJ 
(T-general,  120;  resigns  his  seat  In  the  < 

M.,  on  home  valuation,  824;  on  the  FreJ 

111,487.  .    ,L 

ffersonand  the  doctrine  of  nulllflcatioMj 

p.how  l«d  to  establish  the  Globe  t 


I  BuMiini.'.n      >aKFU,  RcpreseuUtlve  from  New  Jersev ,  votes 

r^.;   h  issionof  MUsonri,  9. 

rk)Ctoi:i.         -H  W.,  on  the  admission  of  Arksnsa.%  6.*)!. 
|iii!irii    .    iiw.  Secretary  of  the  Navy,  120;  resigus  bis 

KSt  In  \.\4  otbinet,  ISl. 
Irancli  Mint*  at  A'eic  OtUan*  and  in  tht  Southern  gull 
rtgion*.—VA\\  reported,  550;  opposed  by  Mr.  Clay,  550; 
unwise  and  Injudicious  to  establish  these  branches,  550 ; 
Indefinite  postponement  moved,  650;  no  evil  in  the  nul- 
lification of  mints,  550;  the  present  one  sufllcicnt,  551 ; 
the  measure  would  be  auxiliary  to  the  restoration  of  the 
nK'lalllc  currency,  651 ;   remarks  of  Mr.  Benton,  Ul ; 
"constitstlonal  right  to  establish  these  mints,  551;  an 
act  of  Justice  to  the  South  and  West,  551 ;  give  the  nitnt 
five  or  six  branches  and  nobody  would  want  the  bank 
paper,  652;   the  Idea  of   expense  on  such  an  object 
scouted,  652 ;  for  the  greater  part  of  the  gold  currency 
\i  in  the  vaults  of  the  bank,  652;  what  loss  has  the 
Western  people  now  sustained  for  want  of  gold?  552 ;  In 
favor  of  measures  that  will  put  down  small  paper  and 
put  up  gold  and  silver,  652;"  postponement  lost,  &5il ; 
other  motions  made  and  lost,  658;  bill  passed,  553. 
IritiiiK  We«t  India  Trade,  recovery  of. — Account  of  this 
trade,  124 ;   six  negotiations  carried  on  between  the 
United  States  and  Great  Britain  on  this  subject,  124; 
limited  concessions  only  obtained,  125 ;  a  primary  ob- 
ject with  Washington,  125;  his  letter  of  Instructions  to 
Gonvemenr  Morris,  125;  a  prominent  point  In  our  first 
negotiation  in  1794, 125;  attempU  of  1822  and  1323, 125; 
remarks  on  the  negotiation  of  1S22, 125;  effect  of  the 
word  " elsewhere,"  J2C;  nttemptsof  Mr.  Adorns' admin- 
titration  to  negotiate,  126;   effects  of  his  failure,  126; 
Gallatin's  Interview  with  Mr.  Husklsson,  126 ;  despatch, 
126 ;   facta  communicated   to  Congress   by  President 
Adams,  127;  the  case  presented  hopeless,  127 ;  the  loss 
ef  this  trade  an  Injury  to  the  country,  127 ;  the  position 
uf  General  Jackson,  12T;  minister  sent  to  London,  127; 
reasons  given  for  a  renewed  application,  128 ;  point  of 
right  waived,  128;  the  trade  recovered,  128;  the  trade 
under  the  act  of  Parliament,  128;  the  grounds  of  suc- 
cess, 128. 
Ciow.N,  Bedfobd,  for  Van  Burcn  as  Minister  to  F.ngland, 
216,  on  the  branch  mints,  651;  on  abolition  petitions, 
612. 
BiovvN,  James,  Senator  trora  Louisiana,  7 ;  votes  for  the  Mis- 
souri Compromise,  8. 
BcciiANAN,  Jameb,  presento  memorial  of  the  Society  of 
Friends,  576;  on  French  affairs,  690 ;  In  favor  of  the  ad- 
mitisiui  of  Arkansas,  680;  on  distribution  of  the  land 
proceeds,  703. 
BcREE,  Edmitnd,  on  the  sale  of  the  crown  lands,  102. 
BoEB,  Cot.  Aakon,  deceatt  <>/:— Brilliant  prospects  ending 
in  diame,  6S1 ;  In  the  expedition  with  Arnold,  681 ;  the 
opinion  of  Washington,  081 ;  position  at  the  close  of  the 
presidential  election  of  1800,  681 ;  his  character  as  re- 
garded by  his  ompeers,  682 ;  his  talents,  6S2 ;  the  fitto 
of  Hamilton,  682. 
Bi'BTON,  HcTCiiiNS  G.,  Kcpreseutatlve  ttova  North  Carolina, 

7;  governor,  T. 
BctB,  Hknbt,  Representative  IVom  Ohio,  T. 
BcTiER,  Benjamin  F.,  nominated  Secretary  of  the  Treasury, 

4T0. 
BcTiER,  Thomas,  Bepresentatlvo  tiom  Louisiana,  7. 


|CiiaouN,  Jons  C,  Secretary  at  War,  T ;  ou  Internal  Im- 
provement, 22;  candidate  for  the  Vice-Presidency  In 
1824,45;  rupture  with  Jackson,  167;  his  friendship  for 


Jackson,  21S ;  on  tlie  comproiiilM  tariff  bill,  815;  on  bujw 
vaiuatiiin,  824;  oOits  nulllfiration  ri'sulutioDa,  ittl ;  oc 
the  prluclplea  uf  nulliUratlon,  885;  on  ilUtributiun  u. 
pruceeds  of  laud  sales,  i\M,  C51,  7(9;  on  the  remu\ai  u( 
the  deposits,  411 ;  on  the  plan  of  nliir,  4114 ;  uu  the  v\ 
pungiug  resolutions  uf  Alabama,  ,V26,  527;  on  the  brand 
mints,  568 ;  on  the  comblnatiun  uf  the  .hIui  i<  Slates,  .'.n' ; 
on  French  affairs,  591;  on  aliulitlun  (ivtitiuni,  611,  614, 
619;  on  the  iude|>endenco  of  Texud,  007 ;  uu  the  Kxpuutr 
Ing  resolution,  728. 
CaHBaELENO,  C.  C,  on  the  Committee  of  Bank  IbvesUg» 

tlon,  241 ;  on  the  fortilleation  bill,  .V>6. 
Campbkli.,  Juhn  W.,  Itepresvntativo  frum  Ohio,  7. 
Canno:<,  Niwios,  Kepresentative  froui  Tennessee,  7;  gov- 
ernor, 7. 
Cabboll,  Charles,  deceatt  of;  lost  of  the  signers  ofthe  Dec* 
laratlon  of  Independence,  476;  fute  uf  other  signers  fe- 
licitous, 477  ;  his  career,  477 ;  not  present  on  the  day  of 
signing,  477;  signed  afterwards,  477 ;  Incident,  477. 
Cabson,  Kit,  application  for  a  commission  in  the  army,  183. 
Cass,  Lewis,  Secretary  at  War,  181. 

CuAMDBKS,  E.  F'.,  against  Van  Buren  as  Minister  to  Eng- 
land, 215. 
Chandler,  John,  Senator  from  Maine,  9 ;  votes  for  the  ad- 
mission of  Missouri,  8. 
Chesapeake  Canal  discussed,  32. 
Clarke,  Oen.,  treaties  with  the  Indians,  29. 
Clat,  II  en  by,  Keprescntatire  from  Kentucky,  7;  efforts  for 
the  declaration  of  war  In  1812,  6;  moves  a  joint  com- 
mittee of  both  Houses  on  the  admission  of  Missouri,  9  ; 
often  complimented  as  the  author  of  the  Compromise 
of  1820, 10 ;  selecto  the  members  of  the  Joint  committee 
in  the  House,  10;  bis  coadjutors,  10;  movement  against 
the  treaty  of  1818, 17;  on  internal  improvement,  22;  ail- 
dress  to  Lafayette,  80 ;  on  public  distress,  82 ;  lays  be- 
fore the  House  the  note  of  Vivian  Edwards,  84;  ap- 
points committee  en  charges  against  Crawford,  85;  can- 
didate for  the  Presidency  In  1824, 44 ;  letter  to  Benton 
relative  to  declaring  his  Intention  previously  to  vote  for 
Adams,  48;  Secretary  of  State,  55;  Commissioner  at 
Ghent,  91 ;  against  Van  Buren  as  Minister  to  England, 
216;  nominated  for  the  Presidency,  232;  remarks  on 
the  veto  power,  255,  256;  on  the  origin  of  tho  protec- 
tive policy,  267;  report  relative  to  the  public  lands,  275; 
candidate  for  the  Presidency,  232 ;  on  tho  Compromise 
Tariff  bill,  818;  on  Kendall  cotton,  819;  on  distribution 
of  proceeds  of  land  sales,  863 ;  on  report  o.'  the  Secre- 
tary of  the  Treasury,  893;  on  the  removal  of  the  depos- 
its, 402 ;  on  tho  expunging  resolutions  of  Alabama,  525, 
627;  on  the  bill  to  suppress  Incendiary  publications, 
586;  on  distribution  of  lani  proceeds,  707 ;  on  the  Ex- 
punging resolution,  729. 
Clav,  Mbs.,  her  oppearance  on  the  evening  previous  to  tho 

duel  between  Clay  an('  Randolph,  74. 
Clayton,  J.  M.,  against  Van  Buren  as  Minister  to  England, 
215;  on  the  coming  distress  ofthe  people,  254;  on  home 
valuation,  824-326;   on   French   affairs,  594;   mores  a 
committee  of  Investigation  on  the  Bank  affairs,  236;  oa 
the  committee  to  Investigate  the  affairs  of  the  U.  8. 
Bank,  241. 
Cobb,  Thomas  W.,  Representative  from  Georgia,  T. 
Cooke,  John,  Representative  from  Tennessee,  7. 
Coles,  Edward,  publishes  correcklon  of  errors  relative  to 

the  passage  of  the  ordinance  of  1787. 
Columbia  River,  occupation  of,  bill  to  authorize  the  Presl. 
dent  to  take  possession  and  occupy  tho  country  offered, 
60 ;  object  of  the  British,  50 ;  the  British  pretensions  ex- 
amlned  under  their  own  exhibition  of  title,  60, 61, 62, 88 ; 
title  as  claimed  by  tho  United  States,  54. 


rin 


INDEX  TO  VOL.  I, 


CvmMnation  against  Gtntral  Jack»on.—8t»  Bank  iff  tk* 
l/nlUd  State*. 

Cbmmerce,  rtgutatton  «>/t— The  power  which  U  glren  to 
Congress  bjr  the  constitution,  140 ;  not  jti  been  execut«d 
to  the  sense  Intenilud  bf  tbo  constitutlon,149 ;  riews  of  Mr. 
Jefferson,  of  Maillson,  Hamilton,  Ac.,  149;  remarks,  149; 
the  principle  of  the  regulation  wia  to  be  that  of  recipro- 
city, ISO ;  mode  of  acting,  IfiO ;  object  to  carry  out  these 
views  on  the  extinction  of  the  public  debt,  100 ;  bill  to  re- 
vive the  policy  of  the  Madison  resolutions,  ISO ;  Madlaon's 
remarks,  ISO ;  "  the  commerce  of  the  United  States  not 
on  that  respeotable  footing  to  which  Its  nature  and  im- 
portance entitled  it,  ISO;  situation  of  things  previous  to 
the  adoption  of  the  constitution,  190 ;  effects  to  be  pro- 
duced by  the  resolutions  proposed,  160 ;  advantageous 
position  this  country  is  entitled  to  stand  In,  180;  our 
country  may  make  her  enemies  feel  the  extent  of  her 
power,  ISO;"  "bill  proposed,  151;  to  provide  for  the 
•builiion  of  duties,  151 ;  the  title  of  the  bill,  161 ;  the 
bill,  1S2 ;  the  flrst  section,  162 ;  contains  the  principle  of 
abolishing  duties  by  the  joint  act  of  the  Legislative  and 
Executive  departments,  163;  the  idea  of  equivalents, 
1S2;  in  what  way  may  the  restriction  on  oar  commerce 
be  best  removed,  regulated,  or  counteracted?  163;  two 
methods,  152;  friendly  arrangements,  153;  the  plan  pro- 
posed, 152 ;  benefits  resulting  fi'om  an  abolition  of  du- 
ties, 153;  do  not  our  agriculture  and  manufactures  re- 
quire better  markets  abroad  than  they  possess  at  this 
time  ?  168 ;  the  merits  of  the  plan,  158 ;  Its  success,  168 ; 
advantages  arising  from  a  payment  of  the  public  debt, 
153;  the  treaties  should  be  for  limited  terms,  154; "  re- 
marks, 154. 

rt)mm<«««  on  the  cborges  against  W.  II.  Crawford,  86;  on 
amendments  to  the  constitution,  78 ;  on  the  redaction 
of  Executive  patronage,  80;  on  the  application  of  the 
bank  for  a  renewal  of  its  charter,  338;  House,  to  whom 
was  referred  the  memorial  of  the  bank,  385 ;  of  Invest!- 
gatiun  into  the  affairs  of  the  U.  S.  Bank,  241 ;  to  investi- 
gate the  affairs  of  the  bank,  45S,  470 ;  on  Incendiary  pub- 
lications, 58C ;  on  abolition  petitions,  631. 

CongrtM,  22d,  its  members,  208;  their  talent,  208;  com- 
mencement of  24th,  568;  when  does  the  term  of  its  ses- 
sion expire?  698,599. 

Cook,  Danibi.  P.,  Keprescntatlve  tiova  Illinois,  7. 

CuAWFOBD,  'WiLiiAM  H.,  Secretary  of  the  Treasury,  7;  de- 
vises a  measure  of  relief  for  the  public  land  debtors,  12 ; 
on  internal  improvement,  33 ;  charges  ogalnst,85;  can- 
didate for  the  Presidency  in  1834,44;  declines  the  Sec- 
retaryship of  the  Treasury  tendered  by  Adams,  65;  let- 
ter to  Mr.  Forsyth,  182. 

Cbittkndkn,  Jonsf  J.,  on  the  recislon  of  the  specie  circular, 
698. 

Cbooes,  Bamset,  founder  of  the  colony  at  Astoria,  18. 

Croweli.,  JonN,  Keprescntatlve  f^om  Alabama,  7. 

Ouniberland  Road  discussed,  32. 

CcsBiKO,  Caleb,  on  the  admission  of  Arkansas,  682. 


Dallas,  Oeoboe  M.,  presents  memorial  for  a  renewal  of  ,;he 
bank  charter,  327 ;  remarks,  837 ;  on  the  operation  of  the 
Tariff,  370;  on  home  valuation,  834 

Daitk,  Nathan,  claimed  as  the  author  of  the  ordinance  of 
1787, 188. 

Damiii.,  on  the  Virginia  resolutions,  851. 

Davis,  John,  on  the  compromise  tariff  bill,  810. 

Dtbt,  public,  amount  of  at  the  close  of  the  second  war,  6. 

V»imH  Bank  bill,  to  regulate  the  oustody  of  the  public 


money,  658;  bill  once  defeated  In  the  Senate,  Bjso-  u    ' 
up  again  and  passed,  668.  .  '       I 

DicKBKS  Aanrar,  writes  the  answer  of  Crawford  to  chir-  I 
against  him,  85.  '**' 

DUtrilmtUm  of  tht  Btttnut.—'TheM  proposition*  tnt  < 
posed  and  afterwards  favored  by  Mr.  Calhoan  wiih  ti" 
salvo  of  an  amendment  to  the  constitution,  BS4'  «,•  j 
mittee  of  inquiry  appointed,  664 ;  basis  npon  which  tla 
committee  was  proposed,  667 ;  flrst  meeting  m,)  ^  ,.| j 
committee  appointed,  657 ;  the  report  an  ingonloni  ar<l 
plausible  attack  npon  the  administration,  &e.,  SST' , 
bate  on  the  report,  667;  expenses  doubled  flrom  eitrti,  J 
dinary  objects,  not  belonging  to  the  Government,  UbJ 
I>orary  In  their  nature  and  transient,  667 ;  the  dlitr!bcti<,a 
of  the  surplus  and  the  amendment  of  the  constitDtlonj 
657 ;  distribution  the  only  practical  depletion  of  tlJ 
Treasury  and  remedy  for  the  corruptions  which  an  ciuj 
berant  Treasury  engendered,  657;  no  minority  report, 
made,  667 ;  custody  of  the  public  moneys  not  IllcinlJ 
667;  opponents  of  the  Administration  defeated  tlie  IitJ 
posit  Begnlation  bill,  657 ;  the  report,  667 ;  "  what  is  t J 
bo  done  with  the  surplus?  657;  existence  of  onr  inttitul 
tlons  and  the  liberty  of  the  country  may  depcna  on  th* 
success  of  this  Investigation,  658 ;  danger  fh>m  exctss  cifl 
patronage  arising  flrom  excess  of  revenue  must  be  tcm-T 
porory,  668 ;  the  Government  In  a  state  of  passage  fron 
an  excess  of  revenue  to  a  limited  revenue,  658;  oblcctj. 
of  investment,  668 ;  objections  to  distribution,  55S;  (fj 
fecta  of  distribution,  668 ;  reasons  for  suggesting  tLii 
proposal,  669." 

Keply  of  Senator  Benton,  669 ;  "  proposition  In  ih» 
report  to  amend  the  constitution  for  eight  years  to  en  J 
ble  Congress  to  make  the  distribution,  660;  eclipses  alj 
other  propositions,  660;  predictions  tcom  the  sanJ 
source  of  a  deficiency  of  the  re  venae,  660;  anecdotoj 
660;  the  Treasury  was  to  be  bankrupt  and  the  cnrrcncTl 
ruined,  660;  the  amendment  of  the  constitution,  (61 
this  scheme  an  old  acquaintance  on  this  floor,  S61 ;  thi 
statement  of  a  surplus  examined,  661 ;  report  of  tJ 
Secretary  of  the  Treasury,  663 ;  It  is  said  there  Is  no  ts;| 
to  reduce  the  rerenue  before  the  end  of  1843  without  vio.| 
lating  the  compromise,  668 ;  sources  fi'om  which  a  larg  J 
reduction  could  be  made,  668 ;  it  is  said  there  is  no  povf 
sibillty  of  finding  an  article  of  general  utility  on  whichl 
the  surpluses  could  be  expended,  664 ;  several  nsefol,! 
necessary,  and  exigeant  measures,  664;  defenceless  statil 
of  the  country,  664;  fortifying  the  coasts,  664:  mcsss^tl 
ofPresident  Monroe  In  1833, 666;  extracts,  666;  remarksT 
npon  the  extracts,  666, 667 ; "  no  vote  ever  taken  on  tiial 
amendment  to  the  constitution,  667 ;  deficiency  is  ttel 
Treasury,  667;  distribution  afterward  took  place  vltbout| 
the  amendment,  667. 

Extract  fVom  the  National  Gazette  attribnti>j  tol 
Nicholas  BIddle,  <49 ;  distribution  nearly  become  a  part  J 
measnre,  649 ;  the  plans  proposed,  649 ;  remarks  of  SeD.] 
ator  Benton,  649 ;  Introduces  an  antagonistic  bill,  derotJ 
ing  the  surplus  money  to  the  public  defences,  649;  mst.| 
Ing  an  Issue  between  the  plunder  of  the  country  and  tttl 
defence  of  the  30antry,  649 ;  every  surplus  dollar  re- 
quired for  the  defences,  660;  bill  passed  Senate,  ffil;| 
sent  to  the  House,  651 ;  course  adopted  to  secure  rotcif 
In  the  House,  651. 

Scheme  of  deposit  with  the  States,  651 ;  objectioii 
651;  vote  on  the  passage  of  the  bill,  662;  objectioiii 
urged  against  the  bill,  652;  attempt  to  debauch  thepeol 
pie,  658 ;  consequences  must  be  deplorable  and  destn>l 
tivo  to  the  Federal  Government,  654;  the  progreHi^l 
the  distribution  spirit,  654 ;  the  measure  goes  to  sap  tbtT 
Cu<r<\'\!i'.'iia  of  tlu  Fciertl  Qorornmenti  665;  isitvi<i| 


INDEX  TO  VOL.  I. 


ea  defeated  In  the  8«ii»t«,  UO;  Ma  | 

l,6M. 

)g  the  answer  of  Crawford  to  cljir;e< 

'»«nM«.— These  proposltlom  Una  i 
•ds  favored  by  Mr.  Calhoan  with  tiJ 
ment  to  the  conatltntlon,  &&6;  com  J 
»pp«liited,88«;  basis  npon  which  il.J 
jposed,  55T;  first  meeting  tiicl»i,.tJ 
ted,  657 ;  the  report  an  Ingenious  trA 
pon  the  administration,  &c.,SE;T;  i 
,  BBT ;  expenses  doubled  from  Mtnw.rJ 
t  belonging  to  the  Government,  tcm^ 
are  and  transient,  KT ;  the  dlstrlbctlu 
1  the  amendment  of  the  conttltutlon, 
the  only  practical  depletion  of  tkJ 
ledy  fbr  the  corruptions  which  an  emJ 
engendered,  58T;  no  minority  tcport 
idy  of  the  pnblio  moneys  not  tllenlJ 
f  the  Administration  defeated  tlie  LeJ 
bill,  857 ;  the  report,  657 ;  "wh»t  li  tJ 
snrplost  657;  existence  of  our  InstltuJ 
jrty  of  the  country  may  depena  on  it  J 
vestigatlon,  568 ;  danger  from  eictss  oil 
5  ftom  excess  of  revenue  must  be  tcmJ 
Oovernment  in  a  state  of  passage  fromi 
gnne  to  a  limited  revenue,  558;  objcctj 
,68;  objections  to  distribution,  B68 ;  ef J 
itio'n,  668;  reasons  for  suggesting  tLii( 

ator  Benton,  669;  "proposition  In  tb 

1  the  consUtntlon  for  eight  years  to  em 

make  the  distribution,  6C0;  ecllpsei  all 

ons,  660;  prediction*  firom  the  sum. 

flclency  of  the  revenue,  660;  anecdote, 

ry  was  to  be  bankrupt  and  the  cnrrcncj 

amendment  of  the  consUtutlon,  661 

old  acquaintance  on  this  floor,  861;  tli 

surplus  examined,  661 ;  report  o(  th 

Treasury,  662 ;  it  is  said  there  Is  no  w«: 

venue  before  the  end  of  1842  without  vie 

romlso,  668;  sourcea  firom  whichalarg, 

be  made,  668 ;  it  is  said  there  Is  no  pos 

ng  an  article  of  general  utility  on  whlchl 

sould  be  expended,  664;  several  useful, 

Bxigeant  measures,  664;  defenceless  etaw 

B64;  fortifying  the  coasts,  664:  messMe] 

)nroelnl822,666;  extracto,566;  remaitt 

ta,  666, 667 ; "  no  vote  ever  Uken  on  tiii 

the  constitution,  667;  deficiency  In  ths] 

distribution  afterward  took  place  without 

667. 

the  National  Gazette  attribntfd  to 
„  «49;  distribution  neariy  become  8  party 
the  plans  proposed,  649 ;  remarks  of  Sen- 
) ;  introduces  an  antagonistic  bill,  devot. 

money  to  the  public  defences,  649;  mak-l 
tween  the  plunder  of  the  country  and  ttr 

jountry,  649 ;  every  surplus  dollar  n 

defences,  660;  bill  passed  Senate,  65U] 
use,  661;  course  adopted  to  secure  votsr 

leiioeit  with  the  8tate^  651;  objecttoi 
the  passage  of  the  bill,  662;  objecti 
the  DlU,  652 ;  attempt  to  debauch  the  i 
squences  must  be  deplorable  and  destriK 
ederal  Government,  654;  the  progre«  o)| 
m  spirit,  654 ;  the  measure  goes  to  sap  \W 
tlw  Fcleril  Oovernment,  655 •'- 


A 


le  throw  away  this  money?  656;  nothing  but  evil  in 
tbU  fatal  tcherae,  857 ;  bill  paaset  the  Uuute,  6.'>T ;  feel- 
[aft  of  the  Pre«ld«nt  on  approving  of  the  act,  6^7. 

Moved  that  a  bill  be  brought  In  to  release  tie  States 
tnm  all  obligatlona  ever  to  return  the  dividends  un- 
dor  the  deposit  act,  707;  motion  condemned  at  the  out- 
tet,  707;  laid  on  the  table,  707 ;  Clay's  movement  to  re- 
vire  the  land  distribution  bill,  707 ;  his  remarks,  707 ; 
a  lubstitnta  reported,  706 ;  kindred  schemes,  708 ;  Cal- 
houn's propoaition,  708;  debate,  708;  Calhoan  in  reply, 
709;  proposition  rejected,  710;  Allen's  proposition,  710 ; 
laid  on  the  table,  710;  deposit  clause  attached  to  the  appro- 
prUtlon  bill,  711 ;  struck  out  in  the  Senate,  711 ;  lost,  713. 
jW(iiear«,'-IIer  position  in  relation  to  slavery,  10. 
PiTocQViviLLB,  errors  o(^  159;  errors  respecting  the  House 
«f  Representatives,  306;  errors  respecting  Bank  of  tbo 
United  8tate^  826,  228. 
pttl  bttaMn  Clay  and  Randolph.— \a\en\a-9i  between 
Handolph  and  Benton,  70 ;  Bandolph  declares  he  shall 
(ot  fire  at  C3ay,  70;  circumstances  of  the  delivery  of 
the  challenge,  70 ;  reasons  for  refOsIng  to  fire  at  Clay, 
70;  meaning  of  "  two  pledgee"  referred  to  by  Hr.  Ban- 
dolph, 71 ;  conduct  of  Bandolph,  71 ;  eharacteri8tlc^ 
Tl ;  Bandolph'a  letter  of  acceptance,  71 ;   protest  of 
Bandolph,  an  explanation,  71 ;  further  communications, 
'i\  remarka  on  Bandolph's  speech  in  the  Senate,  72; 
attempt  of  the  seconds  to  delay  the  meeting,  72;  the 
report  of  Bandolph'a  remarks  made  to  CUty,  78 ;  inquiry 
between  the  seconda  as  to  the  cause  of  the  quarrel,  73 ; 
farther  views  on  the  speech,  78 ;  "  Puritan  and  blackleg," 
T3;  place  of  the  duel,  78 ;  interview  between  Benton 
and  CUy,  74 ;  subsequent  Interview  between  Benton 
and  Bandolph,  74;  Bandolph  arranging  hia  worldly  af- 
lkirs,74;  Bandolph  at  the  bank,  74;  the  pieces  of  gold, 
75;  manner  in  which  the  word  waa  to  be  given,  75; 
the  preparations  on  the  ground,  75;  an  accidental  dis- 
charge  of  a  pistol,  75;  Bandolph's  remark,  75;  after  the 
flrat  flni  Benton  interposes,  76 ;  Clay's  answer,  76 ;  Ban- 
dilph's  feelings  and  remarks,  76;  the  second  fire  of  Clay, 
77;  Bandolph  fires  in  the  air,  77 ;  reconciliation  and 
gratification  of  the  parties,  77 ;  the  gold  seals  of  Hamil- 
ton, Tatnall,  and  Benton,  77. 
lOiUBON,  J.  M.,  interview  with  Gen.  Duff  Green,  123. 
Ah  Judge  of  Supreme  Court,  8. 


E 


1  Gov- 


:lslt«iM| 


iut,£Lug,  Bepreaentatlve  fh>m  South  Carolina.  7 
ernor,  7. 

UtoN,  JonM  H.,  Secretary  at  War,  120 ;  resigns  his  seat  in 
the  Cabinet,  181;  appointed  Governor  of  Florida,  181 ; 
Minister  to  Spain,  181. 

[dvaids,  Wcldon  N.,  Bepresentative  fIrom  North  Caro- 
lina, 7;  votes  for  the  Missouri  Compromise,  8. 

Idtasdb,  Ninian,  note  oli84;  brought  back  ft'om  bis  mis- 
sion to  Mexico,  by  the  Bergeant4t-Arms,  85. 

k  c^  1882.— The  candidates,  382;  a  question  of  sys- 
tems and  measures  tried  In  the  persons  of  those  who 
stood  out  boldly  In  their  representation,  383 ;  the  de- 
feat of  Clar,  883;  the  success  of  Jackson,  282;  the  point 
and  lesson  of  the  Vice-Presidential  election,  282 ;  tho 
vote,  282 ;  Anti-masonic  excitement,  282 ;  its  reault,  283. 
UOR,  John,  votes  for  the  Missouri  Compromise,  8;  re- 
marks on  the  removal  of  the  Indiana,  87. 
KAKza,  Amos,  eandidate  for  the  Presidency,  282. 
•nt,  WiLUAU,  Bepresentative  firom  Massachusetts,  7 ; 
of  revolutionary  memory,  7. 

|n!(s,  TnoMAS,  against  Van  Bnren  as  Minister  to  Eng- 
Iiid,  215;  on  the  specie  circular,  694. 


Ap*n*f  of  OoMrnHMiK.— Kxp«>nM«  ttm\  t**>  to  IMj, 
281);  cotnpariaun  with  the  pnwnt  day,  2%);  rpmark\ 
8»i);  "It  It  said  that  ainro  Irii)  tho  rxt»>n<e«  ua\« 
nearly  doubled,  880;  exreptinir  f.iur  vrarf  the  f!«p«Mi».« 
have  not  Incroavol,  2flO;  caiiw  of  rivlnci^il  exiM'tnllturuw 
III  certnln  yeart,"  '^IMI;  error  In  the  ^^^ls  of  nili'ulatlnn, 
281 ;  "  two  [Treat  and  broad  farbi  in  vl<'W,  '.'.SI ;  rx|»'n<li- 
tures  for  diffiTeat  years,  'J:il ;  oljoot  to  ^li.iw  a  urcat 
increase  in  a  short  time,"  2ii2;  iuiji  ■rtant  to  know  th<* 
correct  expenses,  IM. 
Stpunging  resolution,  notice  of  by  Senator  Brnton,  42S. 
£>o.  o/AMHtma.—Koai>\tM„nautt.\H'  (i>ni,Tal  A.wni- 
bly  of  Alabama,  entreating  their  Senators  to  use  tlieir 
best  endeavors  to  cause  to  be  expunged  f^om  tho  Journal 
of  the  Senate  the  resolve  condemnatory  of  I'resldi'nt 
Jackson  for  the  removal  of  tho  dcposltn,  524 ;  several 
States  had  already  given  instructions,  fi24 ;  Inqniry  of 
Mr.  Clay  relative  to  the  intention  of  tho  Senator 
from  Alabama  relative  to  the  resolutions,  624 ;  reply  uf 
Mr.  Benton,  024;  tho  notice  given  by  hlin  at  the  time 
of  passing  the  condemnatory  resolution,  534 ;  rea^oni 
for  giving  the  notice,  524 ;  answer  to  the  inquiry  of  Mr. 
CUy,  625. 

Beiuarks  of  Mr.  King,  525 ;  "  surprised  at  tho  question," 
625;  bound  to  obey  instructionii,  .^25 ;  if  the  gentleman 
from  Missouri  declined,  he  should  at  the  proper  tliuo 
bring  forward  an  expunging  resolution,  625;  further 
remarks,  625;  Mr.  Clay's  ruinnrks,  525;  "  no  motion  ac- 
companies these  resolutions,  525;  the  inquiry  a  natural 
one,  525;  a  hope  that  the  resolutions  would  be  with- 
drawn, 526;  If,  after  consulting  precedents,  the  Senator 
from  Alabama  should  deem  proper  to  ofl'ur  them,  they 
would  be  entitled  to  consideration,  F26 ;  until  then,  hU 
duty  to  resist  such  an  unconstitutional  procedure  as  tho 
reception  of  these  resolutions,"  62& 

"  Decline  to  accede  to  this  proi>osltlon,  520 ;  object  to 
carry  out  his  instructions,  626 ;  at  a  proper  tiino  a  dis- 
tinct proposition  would  be  presented  on  this  subject,"  52)1. 
Moved  to  lay  the  resolutions  on  the  table,  by  Mr.  Coi- 
honn,  C26;  object  to  give  the  Senator  an  opportunity  to 
prepare  a  rescinding  resolution,  526 ;  curious  to  see  how 
such  a  proceeding  would  be  reconciled  with  the  inile- 
pendent  existence  of  the  Senate,  626;  how  is  It  pro- 
posed to  repeal  a  journal  1 526 ;  the  only  course  left  Is  to 
declare  that  the  principle  upon  which  the  Senate  acted 
is  not  correct,  626;  what  is  the  principle  to  bo  over- 
thrown but  that "  we  have  a  right  to  express  our  opin- 
ions," 526;  then  it  comes  to  this,  that  the  Senate  had 
no  right  to  express  its  opinion  in  relation  to  the  execu- 
tive, 626;  "the  king  can  do  no  wronfr,"  626 ;  this  Is  tho 
very  question  in  which  the  expunging  our  leglslatlvo 
freedom  and  independence  Is  to  bo  agitated,  527;  a 
question  of  the  utmost  magnitude,  627 ;  none  of  deeper 
or  more  radical  importance,  827. 

The  question  on  receiving  the  resolutions,  627;  the 
ease  of  Georgia  legislative  proceedings,  527 ;  the  case  of 
Wilkes,  In  the  British  House  of  Commons,  627 ;  no 
doubt  of  the  power  of  the  Senate  to  repeal,  627 ;  have 
we  not  it  in  our  power  to  retrace  our  steps  when  wo 
have  done  wrong,  or  to  correct  our  Journal,  which  assorts 
what  Is  not  true  f  627 ;  the  democratic  party  of  the 
country  bad  declared  the  facts  of  the  journal  to  be  false, 
627;  the  party  to  which  Mr.  Calhoun  belongs,  627 ;  res- 
olution laid  on  the  table,  688;  reception  and  printing 
refused  to  a  resolution  of  a  sovereign  State,  62& 

Easpunging  Betolution  of  Senator  .£enton,  628 ;  ex- 
tremely distasteful  to  a  minority  of  the  Senate,  528; 
characterized  as  an  Indictment  which  the  Senate  itself 
was  required  to  try,  and  to  degrade  itself  In  Its  own  con- 


ii 


(iff 


IXDEX  TO  VOL.  r. 


(lemnttion,  528 ;  r«Insrk^  ti2H ;  tbia  Mttnrncu  anrnTatcd 
by  the  couno  wliir.h  the  public  mlml  wu  taklnfr,  S2'< ; 
r<-5<>lutl<ina  of  loveral  Htatrs  bad  ariiTed,  Instnictinu 
tb«lr  Hunktort  to  rote  fur  tba  expurtritlon,  fi29;  tperch 
(if  iicnator  Ilvnton  un  the  motion,  &29;  time  of  prcwot- 
ini;  the  criminal  resolution,  629;  length  of  Its  dlMuasidn, 
b'.'U;  date  of  Its  poMsi^e,  520;  an  announcement  of  a 
•rrlea  of  motions  for  Its  expurgation,  629;  tols  stop  con- 
tillered  fur  four  months,  {i29 ;  was  expurgation  the  pro- 
per mode,  629  ;  the  criminating  resolution  combineil  all 
tlie  characteristics  of  ■  cas<)  which  required  erasure 
and  obliteration,  629;  a  case  of  the  exercise  of  power 
without  authority  and  without  Jurisdiction,  629;  other 
inoilvs  of  annulling  tbo  resolution  not  proper  In  this 
case,  629 ;  they  would  Imply  rIgbtAil  Jurisdiction,  a  lawful 
authority,  a  legal  action,  though  an  erroneous  Judgment, 
629 ;  It  is  objected  that  the  Senate  have  no  right  to  ex- 
punge any  thing  from  Its  Journal,  629 ;  it  Is  said  t7«  have 
no  right  to  destroy  a  part  of  the  Journal,  629 ;  to  expunge. 
It  is  said.  Is  to  destroy,  629 ;  not  so,  629 ;  It  Is  Incorporated 
in  the  expunging  resolution,  and  lives  as  long  as  that 
lives,  629;  tbo  case  of  the  Middlesex  election,  629 ;  the 
resolution  to  expel  John  Wilkes  expunged  from  the  jour* 
nuls  of  the  House  of  Commons,  629 ;  words  of  the  resolu- 
tion, 630;  annually  Introduced  from  1T69  to  1782,  and 
passed,  680 ;  the  history  of  the  case  not  lust,  680;  the  res- 
olution adopted  in  the  Senate  of  Massachusetts  during  the 
late  war,  adverse  to  the  celebration  of  our  national  vic- 
tories, 680;  expunged  ten  years  afterward,  680;  the  Sen- 
ate tried  President  Jackson  a  year  ago,  now  it  Is  itself 
nominally  on  trial  before  Itself,  but  In  reality  before 
America,  Europe  and  posterity,  680;  the  proceedings  of 
this  day  will  not  be  limited  to  the  present  age ;  they  will 
go  down  to  posterity,  680 ;  the  first  President  who  has  re- 
ceived the  condemnation  of  the  Senate  for  the  violation 
of  the  laws  and  constitution  which  be  la  sworn  to  observe, 
A80;  the  argument  of  public  opinion  In  the  cose  of  the 
Middlesex  election,  680 ;  extract  from  Wilkes'  speech, 
680 ;  do.  from  Fox's  speech,  681 ;  an  English  Whig  of 
the  old  school  acknowledges  the  right  of  the  people  to 
instruct  their  representatives,  681 ;  acknowledges  the 
duty  of  Parliament  to  obey  the  voice  of  the  people,  681 ; 
the  voice  of  the  people  of  the  United  Statea  has  been 
beard  on  tbls  subject,  681 ;  the  resolution  should  be  ex- 
punged because  It  Is  Illegal  and  unjust,  631;  illegal  be- 
cause it  contains  a  criminal  charge,  681 ;  the  first  step 
taken  in  tbo  House  on  an  impeachment,  681 ;  the  British 
Parliament  practise  an  impeachment  to  which  our  con- 
stitution Is  conformable,  682 ;  the  li^ustlce  of  the  res- 
olution shown,  682 ;  this  point  examined,  623 ;  the  res- 
olution vague  and  indefinite,  682;  the  law  should  be 
specified  and  the  clause  of  the  constitution  violated,  632 ; 
Giles'  accusation  against  General  Hamilton,  682;  differ- 
ent forms  in  which  the  resolution  was  presented,  688 ; 
reasons  of  such  extraordinary  metamorphoses,  688 ;  op- 
portunity for  any  Senator  to  speak  who  would  under- 
take to  specify  any  act  In  which  the  President  had  vi- 
olated the  constitution,  683;  the  resolution  was  unwar- 
ranted by  the  constitution  and  laws,  688;  subversion  of 
the  rights  of  defence  which  belong  to  an  accused  and  Im- 
peachable officer,  638;  of  evil  example,  634;  speech  of 
Mr.  Macon  on  the  vote  of  approbation,  634;  the  resoln- 
lutlon  passed  at  a  time  and  under  circumstances  to  In- 
volve the  political  rights  and  pecuniary  interests  of  the 
people  of  the  United  States  In  serious  Injury  and  pecu- 
liar danger,  634;  this  condemnation  of  the  President 
Indissolubly  connected  with  the  cause  of  the  bank,  684 ; 
UKtructlonssent  to  the  branch  banks  contemporaneously 
with  the  progress  of  the  debate  on  the  criminating  res- 


oliitlonK,  tM;  rxtrarts,  686;  six  po)iltloDs  takrn, 
no  new  measures  to  destroy  the  Bank,  6«* ;  tli»  |'„ ,, 
•lent  hart>nre<l  no  boallls  and  revengeful  denlgnj  inin-i 
the  bank.  688 ;  not  true  that  there  was  any  nen>»<lt7  r. 
the  curtailment  ordered  In  January,  689;  nuejcuil,,, 
ajHiIocy  for  doubting  the  rates  of  exchange,  l.rpsklnz  - 
tlio  exchange  business  In  the  West,  and  conccntriio' 
the  collertlim  of  exchange  on  the  four  great  ciimracrrM 
cities  640 ;  the  curtailments  of  these  cxclianro  r<vv: 
tions  were  political  and  revolutionary,  and  connfrt 
themselves  with  the  contomporaneons  proceedlnin  of  f  « 
Senate  for  the  condemnation  of  the  PresUlcnt,  6*);  u, 
cose  of  the  Western  branches,  642 ;  evidence  drawn  'ftnn^_ 
the  bank  Itself,  648;  extract*  tnm  Mr.  Kiddie's  Itttpri 
648,  644 !  article  In  the  National  Qaxette,  645;  thodl8(r«, 
of  the  country  occasioned  l>y  the  bank  of  the  I'nltf  j 
States  and  the  Senate  of  the  United  States,  M;  UsUii 
of  the  reduction  of  the  dcpo8lt^  846 ;  In  1919  the  bmi 
was  unconnc'>tcd  with  politics,  646;  frirthcr  proof  ihi^ 
the  Senate  and  the  bank,  and  the  Senate  more  than  tLi 
bank,  produced  the  distress  during  last  winter,  U7'  t« 
instances  of  the  bank  creating  wanton  prosaure  W, 
the  resolution  which  It  Is  proposed  to  expunge,"  5)9. 

The  expunging  resolution  laid  on  the  table,  M9;  ciil!<( 
up  on  the  last,  649 ;  motion  to  strike  out  the  word "  ei 
punge  "  and  Insert "  rescind,  reverse,  and  make  null  an, 
void,"  649 ;  the  friends  of  the  expunging  rejolntlon  a 
tonisbed,  649;  an  expurgation  of  the  Journal  wonld  I 
Its  obliteration,  649 ;  Inconsistent  with  the  constitution 
Injunction  "to  keep  a  journal,"  649;  the  mover '  f  tba 
expunging  resolution  yields,  660;  carried,  680;  enii.j 
tion  of  Mr.  Webster  that  the  word  "expunge"  ttis  J 
punged,  660;  remarks,  650;  the  original  expaogio"  r 
solution  renewed,  6601 

Bcmarks  of  Senator  Benton,  646;  "the  condemiutioL 
of  the  President  co-operative  with  the  conspimcv  ii 
the  bank  to  effect  the  most '  '  ked  scheme  of  mlscbiil 
exhibited  in  modern  times,  ftad ;  President  Jackaon  t  j 
done  more  for  the  human  race  than  the  whole  tribe  J 
politicians  pnt  together.  646 ;  his  services  to  the  coantW 
647;  no  parallel  to  Jackson  crushing  the  bank  except  11 
the  Boman  Consul  crushing  Catiline,  617 ;  fartlier  r| 
marks,  648." 

Less  than'three  years  were  sufficient  to  expresa  poll 
tC  sentiment  In  fiivor  of  reversal,  717 ;  notice  of  the  i 
/tntlon  to  bring  up  the  resolution,  718 ;  the  resolutloi 
718;  remarkaof  Senator  Benton,  719;  "the  chan^j 
public  sentiment,  720;  ascertained,  720;  how  flirt 
the  expression  of  this  will  be  conclusive  of  our  actio! 
720 ;  the  terror  of  Jackson's  admlnlstntlon  and  Ita  ftJ 
for  good  or  evil  on  the  coantry,"  721, 722, 728, 724,  'SI 

Meeting  of  democratic  Senators,  727;  final  neatgif 
taken,  727;  debate  on  the  motion  to  take  op  the  ml 
ject,727;  the  ipeakera,  727,728;  feelings  of  theo;;| 
sltlon,  788;  expressions  of  Calbonn,  728;  feoll 
expressions  of  Clay,  729;  Webster's  protest  agaiiutil 
•ct,  780;  resolution  passed,  780;  the  expunging  doit  I 
open  Senate,  780;  excitement  in  the  galleries,  731;  liij 
ner  given  by  President  Jackson,  781. 


Fabxham,  BrssELL,  founder  of  Colony  at  Astoria,  13. 

/Vtt<in«<«.— Distress  of  the  Government  in  1820,  11 ;  ( 
omy  forced  npon  it,  11;  army  reduced  fromlO,^! 
6,000  men,  11;  naval  appropriation  reduced  onel 
11 ;  twenty-one  millions  more  than  double  the  amoJ 
required  for  the  actual  expenses  of  the  government,  l| 
how  expended,  11 ;  mistake  to  suppose  an  tmoiut  I 
oesbary  to  be  left  In  the  Treasury  as  •  reserve,  11. 


INDEX  TO  VOL.  I. 


itntrUi,  {AA;   tiz  poottloDt  Uk'ii.  VJI 
Pd  to  destroy  the  lJ»nk,  MT;  thf  I'r.M 
J  hostile  «n<!  rev«n({cfiil  ilesium  tmii.i  l 
ot  tnie  that  there  wm  »ny  nfwi.liy  t,  1 1 
ordered  In  J»nuory,68»;  nn  exen-v  , 
Una  the  r»te«  of  exch»nKe,  hreaklnj  ;• 
]«lncs9  In  the  West,  and  conwntrnnil 
exchange  on  the  four  (treat  commfrci 
eurtallmcDt*  of  these  exchange  r'v '> 
lltlcal  and  revotulionary,  and  conoMtl 
1  the  contomporaneons  proceeding  of  i:.« 
condemnation  of  the  President,  6+);  \u 
tern  tranche*,  M2 ;  evidence  drawn  fMn, 
M8;  extracts  trom  Mr.  BIddle's  letter;, 
I  In  the  National  Qaxette,  545;  ttaedlttrcu 
occasioned  t>j  the  bank  of  the  I'nltpi 
Jenata  of  the  United  BUte^  54«;  lUtitJ 
)n  of  the  deposits,  546;  In  1919  tbe  Unt 
«dwith  politlc^54a;  farther  proof  tlnl 
1  the  bank,  and  the  Senate  more  thin  tiJ 
i  the  dlstreaa  during  last  winter,  M7;  t  J 
le  bank  ereating  wanton  pressure,  MTj 
which  it  is  proposed  to  expunge,"  M9. 
ng  resolution  laid  on  the  table,  M9;  ctlU 
549 ;  motion  to  strike  out  the  word  ••  t: 
isert "  reseind,  reverse,  and  make  null  ul 
e  friends  of  the  expunging  retolutloi  a 
an  expurgation  of  the  Journal  would  I 
1, 649 ;  inconsistent  with  tbe  constitutlonj 
0  keep  a  Journal,"  549;  the  mover  ■  f  thJ 
solution  yields,  580;  carried,  680;  emlJ 
ebsterthat  tbe  word  "  expunge  "  wu  j)^ 
remarks,  660;  the  original  expunging 
wed,660i 

^Senator  Benton,  645;  "the  condemnatiol 
lent  co-operative  with  the  consplmcyJ 
iffect  the  most  <  '  ked  scheme  of  mkihil 
(nodern  times,  6*1 ;  President  Jackson  bJ 
)r  the  human  rnoa  than  the  whole  tribo  ( 
it  together,  646 ;  his  servlceu  to  the  connttj 
\e\  to  Jackson  crushing  the  bank  except  l| 
Consul  crushing  CaUUne,  64T;  further  r 

three  years  were  sufficient  to  express  poll 
t  in  favor  of  reversal,  TIT ;  notice  of  the  \l 
ring  up  the  resolution,  T18 ;  the  resolutloj 
a  of  Senator  Benton,  T19;  "the  chuftr 
nent,  T20 ;  ascertained,  T20 ;  how  iir  shool 
jn  of  this  win  be  conclusive  of  our  ictli>| 
ror  of  Jackson's  administration  and  Iti  e( 
ivll  on  the  country,"  T21,  T22,  T28,  tU,  ;i»J 
)f  democratic  Senators,  T2T;  final  meuiij 
debate  on  the  motion  to  take  npthejij 
le  speakers,  T2T,Ta8;  feelings  of  the  op? 
expressions  of  Calhoan,  T28;  feeling  u 
of  CUy,  T29;  Webster's  protest  against  0 
solution  psssed,  T80 ;  the  expunging  done  ] 
),  T80;  ezcitemeDt  in  the  galleries,  731;  r 
y  President  Jackson,  T81. 


-iBLt,  founder  of  Colony  at  Astoria,  13. 
itress  of  the  Government  In  1820, 11; 
.  upon  it,  11;  army  reduced  fyomlO,™ 
11;  naval  appropriation  reduced  onehr 
^ne  millions  more  than  double  the  smiii 
r  the  actual  expenses  of  the  government,  ll 
ded,  11 ;  mistake  to  suppose  an  amonit 
be  loft  in  tbe  Treasury  as  •  reserve.  11. 


\fltrvi>i,  Trtaty  and  t'««r<c>«  of  TWvM.— Trraiy  of  liIJ, 
fiving  up  Ti^xaa  ami  Br<|iitrlD^  Klorlila,  18;  Ita  df 
jjiinclatin  .,  15;  actliin  of  Munniv's  ('uliintt,  15;  tri'iity 
jpprr.fd  by  the  ccmnlry.  15;  points  of  tlm  treaty,  15; 
Irtter  of  Munroe  to  OviuTiil  JivkMin,  15;  rciititrnaiiiv  of 
tb(  Northeast  to  *ee  th«  iigKraiKllzutnciit  of  the  I'nioii  mi 
tlio  tfoutli  and  West,  16;  extent  of  this  fvi'lini:,  10;  virwn 
of  JelTurson  and  Jackson  on  tlio  ccs.M(m  of  Texas,  tli; 
t^paln  falls  to  ratify,  16;  negotiations  revived,  16;  truty 
rutltled,  IT;  movement  against  the  trcnty,  IT;  chuni.'e 
Id  the  relations  of  Spain  and  Mexico,  17;  treaty  with 
Mexico,  IT ;  throe  times  ratified  by  the  Heuate,  17 ;  how 
the  territory  was  got  back,  17 ;  extinguished  slave  ter- 
ritory nearly,  IT;  Indian  treaties,  IS;  largest  terrltorlul 
sboiltlon  of  slavery  ever  effected,  IS ;  how  received  at 
the  South,  18;  the  inside  view,  18. 

It'iovD.,  JuiiN,  Bepresentative  from  Virginia,  7;  moves  a 
proposition  for  tbe  scttlumi-nt  of  Columbia  river,  l.'J; 
his  character,  13. 

IfooT,  Samuel  A.,  resolution  of  Inquiry  relative  to  public 
lands,  ISO ;  against  Van  liuren  as  Minister  to  Knglaml, 
ei9. 

IrmstTU,  JouN,  on  the  donation  to  the  Greeks,  68;  for  Van 
liuren  as  Minister  to  Englan<l,  216;  on  the  Compromise 
tariff  bin,  815 ;  SeccreUry  of  State,  477. 

iFttUNQUiTYSKN,  TuzoooRE,  ogainst  Van  Uurcn  as  Minister 
to  England,  215. 

IfrencA  and  SpanitK  Zand  ClaUn»,  tetUenunt  o/— State  of 
titles  In  Louisiana  on  Its  transfer  to  the  United  States, 
219;  the  treaty  protected  every  thing  that  was  prop- 
<rrty,  279;  the  question  was  to  opply  it  to  the  land  titles, 
279;  boards  of  commissions  established,  279;  thiir 
operation,  279;  defects,  279;  the  act  of  1882,  280;  iU 
first  section,  280;  Its  successful  operation,  280. 

I  frtnch  /wrfwwitty.— Special  communication  from  the  Presi- 
dent, 588 ;  French  deet  approaching  the  const,  688 ;  im- 
plying a  design  to  overawe  the  government  or  to  bo 
ready  for  expected  hostilities,  688;  remarks  of  the  mes- 
sage on  the  subject  of  an  apology,  688 ;  a  private  at- 
tempt to  obtain  a  dictated  apology,  633;  an  attempt 
made  to  get  this  refused  apology  placed  on  the  archives 
of  the  government,  688 ;  statement  of  the  message,  689; 
the  inderdiction  of  our  ports  to  the  entry  of  French 
vesisels  and  French  products  recommended,  689 ;  nature 
ofthe  treaty  that  bad  been  formed,  589;  stipulated  for 
a  reduction  of  duties  ou  wines  by  our  government  and 
tbe  payment  of  indemnity  by  France,  689 ;  advantages 
to  France,  690 ;  reasons  of  such  delay  on  the  part  of 
France,  690 ;  extract  relative  to  the  French  armament, 
890. 

Calhoun  charges  upon  the  President  a  design  to  have 
war  with  France,  591;  Benton  asserts  that  the  con- 
duct of  the  Senate  at  its  last  session  had  given  to  the 
French  question  its  present  hostile  aspect,  591 ;  remarks, 
891 ;  conduct  of  France  insulting  to  us,  691 ;  an  example 
from  French  history,  691 ;  a  party  in  the  French  Cham- 
bers working  to  separate  the  President  from  the  people 
of  the  United  States,  and  to  make  him  responsible  for 
the  hostile  attitude  of  the  two  countries,  592 ;  comments 
on  the  approach  of  the  French  fleet,  693;  the  present 
state  of  affairs  charged  upon  the  conduct  of  the  Senate, 
893;  defence  of  Senators,  694;  the  Senate  charged  with 
the  loss  of  the  defence  bills  at  tbe  lost  session,  695;  de- 
fence of  the  Senate  by  Webster,  696 ;  further  discussion 
en  the  time  when  the  second  session  of  Congress  ex- 
pires, 598, 699;  American  arming  declared  to  be  war  on 
our  side,  600;  denied,  600. 

BritUh  Mediation.— iSesNige  informing  the  Senate 
tbst  Great  Britain  hod  otfered  her  friendly  mediation 


between  the  I'nlted  t'tatri  and  Krunoe,  (iiKl;  »iTfJi«n>lon 
of  retaliatory  mi'utire.^  reri'iiinu  n^liil,  ftio  ;  all  |H>lnt.i  In 
the  controversy  Involving  the  honor  nf  the  Inilnl  !*t«t>i 
excoi.ted,  600;  motives  of  the  offer,  tioo,  i»\ ;  rellectlona 
uiMin  till*  !»ul>jeet,  iii)l. 
Frtmh  Si'iiliiitiiin  ( V.nhi.— Oroiinil  of  exiniln-il,  91;  as- 
simi|ilion»  on  which  tin  Ir  p.-iVMint  ly  tho  I'niled 
folates  rested,  4->7  ;  lluMlity  of  the  L'niteil  States  to  be- 
como  |ioyinastert  themselves,  m  ra»es  wluro  lulling,  by 
war  or  necotialion,  to  olitiiln  reilriM  tliey  iniike  a  treaty 
Settlement  snrremlei  ing  or  nbimiloning  the  elalins  Wi  ; 
this  point  examined,  4^7;  covernments  not  bound  to 
push  such  Intere.itsto  the  extremity  of  a  war,  is'\  ought 
not  to  go  back  thirty-four  years  ami  eiill  In  iiuekllon  llm 
Judgment  of  Wa.«hlngton's  aclmlnl>tr.ition,  4>'i ;  another 
instance  of  abanilonmcnt,  4(i.S;  speech  of  Mr.  Webster, 
48S;  grounds  of  tho  claims,  4»9 ;  speech  of  Mr.  Wright, 
48l»;  relations  between  Franco  and  tho  United  States 
prior  to  tho  disturbances,  4>9;  stipulations  of  treaties, 
490,491 ;  origin  of  tho  claims  which  formed  tho  subject 
of  tho  bill,  4111 ;  referenco  to  aets  of  Congress  to  prove 
that  war  existed  between  tho  United  States  and  France, 
493;  tho  treaty  of  1SI)0,495;  what  object  In  the  l.-goUii- 
tlon  of  1800,  490;  liability  of  the  United  States,  496; 
further  remarks,  487, 40S ;  propositions  established,  500 ; 
the  ttdvorates  of  tho  bill  concede  that  two  positions  must 
be  established  on  their  part  to  sustain  It,  500,  501,  60-.', 
60.3. 

Speech  of  Mr.  Webster,  805;  "essentially  a  Judicial 
question,  505;  oUlness  of  tho  claims,  505;  said  most  of 
t.iem  have  been  bought  up,  605 ;  report  of  the  Secretary 
of  State  presenting  a  general  view  of  the  history  and 
character  of  these  claims,  806 ;  before  tho  interfureucu 
of  our  government  with  them  they  constituted  Just  de- 
mands against  France,  807;  grounds  upon  which  the 
claims  are  vested  by  tho  claimants,  507 ;  points  aduiltted, 
503;  propositions  to  be  established,  603;  were  theso 
subsisting  claims  against  France  at  the  time  of  the 
treaty?  603;  these  claims  released  ond  relinquished  by 
the  amendment  of  tho  treaty  ond  Its  ratifications,  611 ; 
these  claims  surrendered  or  released  by  tho  government 
on  national  considerations,  511 ;  further  remarks,"  612, 
513,  614. 

Speech  of  Mr.  Benton,  614 ;  "  the  whole  stress  of  tho 
question  lies  In  a  fow  simple  facts,  514 ;  assumed  grounds 
on  which  the  claims  rest,  615;  on  what  grounds  Is  it 
maintained  that  tho  United  States  received  a  valuablo 
consideration  for  these  claims  ?  615 ;  tho  cose  as  between 
France  and  us  relative  to  these  claims,  515;  our  obliga- 
tion under  the  guarantee  of  France,  616 ;  the  Justice  and 
validity  of  the  claims  themselves,  616;  how  can  the 
American  people  be  pressed  to  pay  these  claims  when  It 
would  be  unreasonable  to  press  France  herself  to  pay 
them?  616;  it  is  said  the  United  States  have  received 
fiill  consideration  l^om  France  for  these  claims,  517 ;  ex- 
ertions made  by  the  United  States  on  behalf  of  these 
claims,  518;  what  were  the  losses  which  led  to  these 
claims?  619;  one  of  the  most  revolting  features  of  this 
bill  Is  Its  relation  to  the  insurers,  519;  what  sum  of 
money  will  this  bill  abstract  firom  the  treasury  ? "  520; 
bill  passed  the  Senate,  621;  lost  in  the  House,  521; 
claim  agencies  and  assignments  should  be  broken  np, 
621 ;  assignees  and  agents  constitute  a  profession,  621. 

G 

OAiLLAnn,  Jony,  Senator  f^om  South  Carolina,  T ;  President 
of  the  Senate,  T ;  votes  for  the  Missouri  Compromise,  8; 
decease  of,  T7 ;  nearly  thirty  yeorg  In  the  Senate,  T7i 


Ill 


INDEX  TO  VOL.  I. 


nine  timeii  rlvctnd  prralilent  of  the  Hunate,  77;  bl« 
clisractor  u  presiding  oHlcar  77. 

Gallatin,  Alukht,  candidate  for  tie  Vice  Presidency  In 
y*i4,  46;  coiniiiliwIoniT  at  Olicnt,  71;  negotiates  for 
Joint  occiipatlon  of  Uri'gun,  1U0;  Interview  with  llus- 
kisiton,  I'iS. 

OlutA,  Wm.  U.,  (JtcHUt  qf,  111"  I>t'Ciillar  tulcnt,  OSS;  the 
Charles  Fox  of  the  House,  fV^n ;  Ills  character,  6S8, 

OlLUEK,  Okoboi,  Kepresentatlvu  ft'oin Ovor);!*,  7;  Governor, 
7 ;  action  relative  to  the  Chorokees,  lOS. 

Gloht  ift^cHpaptr,  tht  tHiabltuhmtnt  o/.—\n  Interview, 
Vi9;  scheme  to  set  aside  Ocn.  Jackson  and  run  Mr. 
Calhoun  for  the  next  President,  129 ;  propositions,  VH ; 
communicated  to  Oenoral  Jackson,  1?' ;  the  Telegraph 
newspaper,  129;  Francis  P.  Blair,  129;  how  brought  to 
the  notice  of  General  Jackson,  129;  establishes  the 
Glob*  ntwtpaper,  180;  stand  taken  by,lS2. 

Gold  currency,  remarks  of  Mr.  Benton  npon  a,  486 ;  bills  to 
equalize  the  value  of  golil  and  silver  and  legalizing  the 
tender  of  foreign  coins  in  either,  brought  forward,  469; 
the  relative  value  of  the  two  uietnls,  469;  experience  of 
Mexico  and  Boutb  Amertc^  469;  16  to  1,  469;  bill  pass- 
ed, 469 ;  its  good  effects,  46l>,  47U. 

Government,  the,  its  personal  ottpoct  In  1S20,  7. 

Ubannv  'White,  the  cose  of,  105. 

Gbvnov,  Felix,  offers  antl-nulUflcatlon  resolutions,  34. 

n 

Hall,  Thomab  II.,  Eeprosentative  from  North  Carolina,  7. 

Hauab,  Tiiouas  Ii.,  on  the  aduiission  of  Arkansas,  684. 

IIauilton,  General,  argument  for  a  national  bank  drawn 
from  the  Indian  War,  2, 

Hamilton,  James  A.,  acts  as  Secretary  of  State,  119. 

Habdik,  Benjamin,  Bepresentative  from  Kentucky,  7. 

Hartford  comten'Jon.— Design  of  secession  imputed  to,  4. 

IIaynb,  Kobebt  Y.,  on  revision  of  the  tariff,  99 ;  on  the  duty 
en  indigo,  99 ;  on  sales  of  the  public  lands,  182;  debate 
with  Webster,  188,  140 ;  in  reply  to  Webster,  140 ; 
against  Van  Buren  as  Minister  to  England,  215;  on 
Boutbern  resistance  to  the  tariff,  274. 

Hendricks,  William,  Bepresentative  (W>m  Indiana,  7. 

Hill,  Isaac,  on  abolition  petitions,  614. 

Holmes,  John,  Senator  from  Molne,  7;  votes  for  the  admis- 
sion of  Missouri,  9;  against  Van  Bureu  as  Minister  to 
England,  215. 

HoBSBT,  OuTEnnniDOE,  votes  for  the  Missouri  Compro- 
mise, 8. 

llouae  of  Iiepreiientaiites.—TS.non  of  De  TooqueviUe,  205; 
reputation  of  the  work  in  Europe,  205;  immense  superi- 
ority attributed  to  the  Senate  arising  ttora  the  different 
manner  of  election,  205;  statement  of  De  Tocqueville, 
205 ;  its  tenor  to  disparage  democracy — to  attack  the  prin- 
ciple of  popular  elections,  205;  advantage  of  extending 
Instead  of  restricting  the  privilege  of  the  direct  Tote,  200 ; 
further  remarks  on  his  statement,  206;  every  man  of 
eminence  has  owed  his  first  elevation  to  popular  ejec- 
tions, 206;  experience  of  England,  Scotland,  Ireland  and 
Bome,  of  the  success  of  a  direct  vote,  206;  popular  elec- 
tion the  safest  and  wisest  mode  of  election,  206;  the 
difference  then  between  the  two  Houses  has  vanished, 
206;  causes  to  account  for  an  occasional  difference,  806; 
statesmen  not  improvised,  207;  time  often  required  to 
carry  measures,  207  ;  instance  parliamentary  reform, 
S07 ;  other  great  British  measures,  207;  short  service  the 
evil  of  the  House,  207 ;  instances  of  Adams  and  Bandolph 
retaken  up  by  the  jMiople  when  dropped  ft-om  the 
Henate,  207;  this  error  disparages  the  controlling  branch 
of  our  Government,  207;  the  British  House  of  Com- 


mon%203;  the  Senate  now  occupies  pronilm-nt  puUlt 
attention,  204. 
HiNTEB,  William,  Senator  firom  Bbodo  Island,  7. 


Imprimnmint  fur  deht,  alotition  of. — Act  of  (.'oncri'.,! 
passed  to  abolish  all  Impnsonmcnt  on  procesa  Imui,^  I 
Ihim  the  courts  of  the  Vnited  States,  20-.' ;  etrcct  of  i! 
example,  392;  report,  292;  extracts,  29'i;  "iwwer  ofii,,  | 
creditor  over  the  debtor  in  ancient  Greece  and  Uom,'. 
292 ;  the  history  of  English  Jurisprudence  fumlshci !!.« 
remarkable  tut  that  for  many  centuries  personal  lib.'rt,r  I 
could  not  b«  violated  for  debt,  802 ;  progress  of  impr.wn.  | 
ment  In  England,  898;  further  remarks,"  293 ;  act  pui.,. 
ed,  298;  effect  upon  the  States,  898;  imprisonmeDt  nm. 
demned  by  morality,  by  humanity,  and  by  the  tclencc  { 
of  political  economy,  294. 
Incendiary  pubUcatloni  circulated  by  n»a«,— Movcil, 
that  so  much  of  the  President's  message  as  related  tv  l 
this  subject  be  referred  to  a  select  cummlttoe,  tm\  o[i.  I 
posed,  should  go  to  the  committee  on  post-otBcei  and  I 
post-roods,  680;  object  to  secure  a  committee  that  wouU 
calmly  investigate  the  whole  subject,  680;  dltcnulugl 
relative  to  the  committee,  680;  special  committee  i|>.| 
pointed,  6S0;  bill  and  report,  680;  dissent  of  variouij 
members  of  the  committee  ft-om  the  sentiments  of  tho  I 
report,  681 ;  two  parts  exceptionable,  681 ;  the  nature  ot  \ 
the  Federal  Government  founded  in  "  compact "ardou  I 
interference  of  non-slave  States  with  slavery  In  itlrl 
States,  681;  extracts  Arom  the  report,  681,  6h2,&$8;|ii  [ 
sldlousness  of  the  report  consisted  in  the  assumption  of  I 
impending  danger  of  the  abolition  of  slavery  in  all  tig  I 
sUve  States,  and  the  necessity  for  extraordinary  meam  to  I 
prevent  these  dire  calamities,  when  the  fiict  was  that  tbetti 
was  not  one  particle  of  any  such  danger,  634;  the  report  I 
foreshadows  disunion,  684;  in  vain  to  expect  securlt;or| 
protection  for  the  slaveholdlng  States  except  fVom  them  [ 
selves,  and  concert  only  wanted  among  them  to  obtain  tblil 
end,  584;  Calhoun  recurs  to  secession  for  a  new  eriet.f 
ance,  685;  remark  of  Clay  relative  to  the  comproiiilu| 
of  1888, 685;  remarks  of  Mr.  Webster,  686;  examiiMtioiil 
of  the  features  of  the  bill,  686;  remarks  of  Mr.  Clajro 
the  bin,  686 ;  the  bill  not  only  unnecessary,  but  as  a  In  I 
of  dangerous,  if  not  a  doubtful  authority,  686 ;  whence  | 
did  Congress  derive  the  power  to  pass  this  law?  6S7, 

Totes  on  the  bill,  687;  three  successive  tie  votes,  ij;  I 
yeas  and  nays  called,  687 ;  the  Vice-President  called  f«t  I 
687;  gives  the  casting  vote  for  engrossment,  687;  le  [ 
marks  on  the  vote  of  various  Senators,  687. 
Indian  Factory  J^ttenu—ItA  origin,  81;  objects,  21;  iiow 
carried  on,  81 ;  Ita  inside  working,  81 ;  bill  to  re[«i 
passed,  21 ;  shows  how  long  the  Indians  and  the  Oovem 
ment  mny  be  cheated  without  knowing  it,  21. 
Indian»,  removal  of.— iMge  tracto  held  by  the  Indlam^ 
South  and  Western  States  in  1821,27;  eariy  pollcvol 
the  Government,  87;  applications  to  the  Federal  Gov 
ernment  incessant  for  their  removal,  27 ;  what  hu  be- 
come of  the  tribes  In  the  older  States?  87;  speech oj 
Elliot,  87;  views  of  Jefferson,  88;  action  of  Monrot'i 
administration,  28 ;  process  for  effecting  the  remoTil, 
88;  bill  passed,  88;  treaties  ratified,  89;  the  system  o( 
removal  begun,  89. 

Creekt,  removal  from  C«orgf  a.— Agreement  betweei 
the  United  States  and  Qeu;„'-  ^<):  treaty  of  removil 
coneluded  in  1S24,  6^;  resisted  by  the  :!atlon,  S9;it- 
tempta  to  enforce  !>.  by  the  State  of  Georgia,  69;  Inter- 
ference of  the  administration,  69 ;  new  treaty  negotUtH 
69;  objections  to  it  in  the  Senate,  69;  fbrther  negotiv 
tlon,  69;  treaty  ratified,  69;  an  incident,  5V;  remuh 


INDEX  TO  VOL.  I. 


sBi 


Date  DOW  uceupio  iironilDcnt  puUlt  | 
nator  ttom  Ithmlo  Isluml,  T. 


ftH,  aholMon  of.~\ct  of  Cincr^t 
M  Imiinnoniiient  on  proccsn  l»uii.,. 
r  the  United  8Ute«,UW;  fffcct  of  lU. 
)ort,8»9;  extract*,  Sfli;  "power ofiu 
debtor  In  ancient  Greece  and  Ui.m,., 
of  English  Jurisprudence  fumlthn  tU 
that  for  many  ccnturlo  perwniUlbcrty 
uted  for  debt,  8W ;  progreM  of  liDi,r.wn. 
1, 298;  further  remarks,"  203;  act  |ni* 
)onthe  State*,  808;  Imprisonment  f da- 
illty,  by  humanity,  and  by  the  Kleoro 
my,  894. 

ationt  circulattd  ly  ma«,-MoTe.l, 
r  the  President's  mosssgo  as  rclsied  lo 
efbrred  to  a  aeloot  oomuilttoe,  m\  op. 
)  to  the  committee  on  post^ifflces  u.l 
object  to  s«oure  »  committee  thst  wouli 
ate  the  whole  subject,  680;  dlscBsslua 
committee,  680;  special  committee  t{,.| 
all!  and  report,  680;  dissent  of  variou)! 
!  committee  from  the  sentiments  of  tlw 
)  parts  exceptionable,  681 ;  the  nature  ul 
vcmment  founded  In  "  compact"  «nl  oj 
non-slave  SUtes  with  slavery  In  oth  r 
tracts  f^om  the  report,  681,  682,588;lii 
he  report  consisted  In  the  assumption  of 
iger  of  the  abolition  of  slavery  In  all  tU 
d  the  necessity  for  extraordinary  means lo 
Ire  calamities,  when  the  tict  was  thst  there 
rtlcle  of  any  such  danger,  684;  the  report 
ranlon,  684;  In  vain  to  expect  security  or 
he  slaveholdlng  States  except  ftom  them 
lert  only  wanted  among  them  to  obtain  thli 
>un  recurs  to  secession  for  a  new  griet. 
lark  of  Clay  relative  to  the  compromi» 
imarksofMr.  Webster,  688;  cxamMta 
of  the  bin,  686 ;  remarks  of  Mr.  Clay  on 
he  bill  not  only  unnecessary,  but  as  a  l» 
nota  doubtful  authority,  686 ;  whence 
erive  the  power  to  pass  this  law?  887. 
bill,  68T;  three  snccesslye  tie  votes,  M; 
called,  687 ;  the  Vice-President  called  t»t 
casting  vote  for  engrossment,  661;  re 
f  ote  of  various  Senators,  687. 
Sy«<«i».-It«  origin,  21;  objects,  21;  ii«w 
I;  its  inside  working,  81;  bill  to  repei 
>wa  how  long  the  Indians  and  the  Govern 
Bheatod  without  knowing  It,  21. 
q/:— Large  tracts  held  by  the  IndlanBl 
jstem  SUtes  in  1821,87;  eariy  policy  o( 
int,2T;  applications  to  the  Federal  Goi 
-isant  for  their  removal,  27 ;  what  hai  be- 
ribes  in  the  older  States?  27;  speech o, 
ews  of  Jefferson,  88;  action  of  Monroei 
,  .8;  process  for  effecting  the  remoTil, 
l'  28;  treaties  ratified,  89;  the  system  ct 

J,  89. 

total  from  ff«orgfa.— Agreement  helweei 
tales  and  (ie»,^'-  M:  treaty  of  remo-nl 
1S24,  6^;  resisted  by  the  nation,  69;  it- 
orce  !.  by  the  State  of  Georgia,  69;  lnle^ 
administration,  69 ;  new  treaty  negotM 
,  to  it  in  the  Senate,  69;  ftirther  negotlv 
ity  ratiaed,  69;  an  incident,  69;  remarli 


of  Vfcn  Duren,  to;  remarks  of  Benton,  01;  ntlurt, 
ti.  &!. 

Chtrok**;  rtmoral/rom  Gtnryta.—Ttei*  nf  the  nn.', 
6jJ;  roiiiblnatlon  ofobstnclci,  d'H;  procwilln^**  rvlittivt' 
Ik,  *:'.'4;  treaty  with  the  l'berukel'^  tl'i4;  amount  <>r  the 
iilpulatlon,  (>'H\  treaty  opposed  In  the  Senato,  0'i4;  pm- 
te>t  from  the  Cherokee  nation,  tfK> ;  proposition  to  ri" 
Jill  the  treaty,  t,V>\  close  vote,  6'.'0;  iSvimI  by  froo  State 
vutr.s  626;  Involved  an  extension  of  slavery,  626;  Jimt 
anil  fraternal  spirit  of  the  tree  States  to  thvir  suuthern 
brrthrt'n,  62S. 

final  removal  o/— This  policy  when  commenced. 
m;  completed,  690;  effects,  690;  extent  of  the  n- 
morals,  680;  Increase  of  ares  of  slave  |Hipulatlun,  691 ; 
conduct  of  tho  northern  States,  691;  outcry  against 
Gonoral  Jackson,  691;  statetnonts  of  Oe  Tucquovlllu, 
«'^1 ;  remarks,  692;  amount  of  paymcntt  to  the  Indians, 
6'J.';  tho  smaller  remote  trlbos,  693;  the  Imllun  bureau, 

m. 

tiJitin  lOttrttgntiM  vHtMn  5/(i^«it.— Indian  oll^nrrhloa  set 
up  In  some  of  the  States,  1C3;  remarks  of  Proslilont 
Jackson's  message  in  1829-30,  llJ4;  "tho  romlltlnn  and 
ulterior  destiny  of  the  Indian  tribes  within  States,  an 
object  of  much  interest,  164 ;  has  tho  General  Govern- 
mont  a  right  to  sustain  them  In  erecting  an  Independent 
pivcrnmcnt  within  tho  limits  of  a  State?  164;  reforcnee 
to  the  constitution,  164;  their  efforts  dUcountonnncod," 
1C4;  posssago  of  an  act  to  enable  their  removal  rccain- 
siended,  104;  an  old  policy  taken  hold  of  by  party 
spirit,  164;  proceedings  in  Georgia,  164;  proceedings  of 
tho  Chcrokecs,  164;  action  of  Governor  Gilmer  relative 
to  the  suit  of  tho  Cherokees,  165;  charge  of  Judge  Clay- 
ton to  tho  Grand  Jury  of  tho  Indian  countries,  105;  ad- 
dress of  Milner  to  the  Foreign  Missionary  Society  of 
London,  165;  remarks,  160;  the  ease  of  Georgo  TasneN, 
1C(!;  answer  of  Governor  Gilmer  to  a  request  to  make  up 
a  case  bi^fure  the  United  States  Supreme  Court,  160 ;  set- 
tlement, 166. 

lonxM,  Samuel  D..  Secretory  of  tho  Treasury,  119;  resigns 
his  scat  in  the  cabinet,  ISl. 

\ltrnal  ImprottmenU  within  the  States,  source  of  the 
question,  8 ;  New  York  canal  finished,  22 ;  roads  and 
canals  ill  thovogno,  22;  candidates  for  the  Presidency 
spread  thoir  sails,  22 ;  advocates  of  the  measure,  22 ; 
tvro  prominent  subjects  discussed,  22 ;  extent  of  the  de- 
slirn,  22;  Monroe's  veto,  22;  the  statement  of  the  ques- 
tion, 22;  constitutional  point  bow  viewed  in  tho  mes- 
sage, 28 ;  the  post-ofllce  and  post-road  grant  of  power, 
23;  the  war  power,  2.'J;  the  power  to  regulate  com- 
merce, 24;  to  pay  debts  and  provide  for  the  general 
welfare,  24;  to  make  laws  necessary  and  proper,  85;  to 
make  needfiil  rales  and  regulations,  26;  tho  point  on 
which  Mr.  Monroe  yielded,  26;  tho  net  for  surveys  pass- 
ed, 26;  places  recommended  for  impruvomont,  26 ;  veto 
message  of  Jackson,  26;  fate  of  the  system,  87. 


BOX,  Andrbw,  views  on  the  cession  of  Texas,  16;  on 
I  Internal  Improvement,  22 ;  candidate  for  the  Presidency 
I  In  1S24,44;  massage  relative  to  a  removal  of  the  In- 
dians, 164;  veto  of  MaysvlUo  road  bill,  167;  letter  to 
I  Van  Buren,  relative  to  his  agency  In  the  rupture  of  the 
I  cabinet,  217;  veto  of  the  recharter  of  the  bank,  251; 
I  elected  President,  882;  proclamation  against  South 
Icirollns,  299;  retains  the  bill  to  distribute  the  proceeds 
I  of  the  sales  of  tho  public  lands,  864 ;  veto,  865. 

in*adminMratlon.—ma  inaugural  address,  119;  his 

«abln8t,119;  members  of  Congress,  120;  Speaker,  121; 
4s 


rernnitnrnd«lion«  of  lil*  first  annual  nl^«lMlet^  lit 
'•anMiidiiHnl  of  tlie  constitution  riUiivn  to  i.l,'ctlon«  oi 
I'rrxldi-nt  ami  Vice  I'rc«lclcnt,"  1-^1;  rcmnrk*.  122: 
aiiiiiiiliiicnt  to  tho  constitution  too  f.ir  removed  fri>ir. 
the  |ieo|i|e,  l'.".';  events  impreiwlvely  iir^u  it,  li.':  not 
another  esi»iii|il«  on  e:\rth  of  a  free  peo|il(i  nurrenderinK 
the  ebulcc  of  tluir  I're.il.lent,  122;  e»clu»lonof  mem- 
bers of  ConitrcM  from  olllcu  recominendoil,  \'ii;  re- 
marks of  tho  messaRii  on  this  |>i>lnt,  li'J  ;  tho  policy  re- 
comiiunilud  respoctlnif  the  navy,  1'.'2;  instructions  to 
Virginia  Senators  in  ISHi.  122;  tlio  army  and  navy  ts 
found  by  I'renident  Jnck^on,  I2:l;  recommeii(lai;or.s 
relative  to  ship  buildlni;,  12:!;  tho  imitlllly  of  tho  Itrink 
of  tho  ITnlteil  fitates  asserted,  l'.':l;  remiirk*  of  llio  mes- 
SOKC,  1211;  manner  in  which  they  wero  perverted,  I2;l ; 
the  finances,  124;  otlier  reconimendntlon.i,  V.'t. 

Brtiiking  up  of  the  ('</&*iier.— llesi^'iiutl.  i  of  the 
members,  ISl  ;  courtesy  of  tho  proeecdlMif,  I-il ;  ground 
upon  which  the  President  pliioud  the  rKjulrud  re»i);uii- 
tlons,  ISl ;  tho  new  ralinef,  ISl ;  excitement  In  piirty 
politic),  ISl;  attiiek  on  Mr.  Crawford,  ISl ;  his  answer, 
ISl;  exposure  of  errors  of  tho  pamphlet  of  Calhoun, 
ISl;  tho  words  of  Mr.  Crawford,  ls2;  change  In  tlm 
course  of  the  Telegraph  newspaper,  ls2;  tho  stand 
taken  by  tho  Globe.— ,SV«  Globe  tietcnpajier. 

Twenty-second  Congress,  20S;  tho  !«pcaker,  '.Ml!); 
message,  210;  boundary  between  Mulnu  uml  New 
lirunswick  referred  to  the  King  of  Nethorliinds,  '210; 
his  opinion  on  tho  case,  210;  our  claims  with  Fiance, 
210;  a  treaty  mode,  210;  differences  with  Spain,  210. 
claims  against  Naples,  21 1 ;  dur  ilemonds  on  tho  SI<1- 
lles,211;  relations  with  liussia,  211;  cffuctof  our  treaty 
with  Austria,  211;  China  and  tho  Kast  Indieo,  212; 
Mexico,  212;  Central  America,  212;  South  Amerli^in 
powers,  212;  state  of  tho  finances,  2l:i;  insolvent 
debtors  to  the  Government,  218;  election  ot  President 
and  Vice  President  by  a  dlrec».  vote  of  tho  people,  21!) ; 
tho  bank  of  the  United  State-  218. 

Message  after  n  second  election,  2S3 ;  wholly  conQmsl 
to  business  topics,  2S3 ;  the  finances,  288 ;  extinguishment 
of  the  national  debt,  283;  reduction  of  burthens  on  tho 
people,  2S3 ;  protection  should  bo  limited  to  a  few  articles 
of  Indlspensablo  necessity,  284;  views  on  tho  publlo 
lands,  284 ;  should  cense  to  be  a  source  of  revenue  soon 
OS  pri>otieablc,  284;  tho  federal  tltlo  should  be  extin- 
guished in  tho  States,  "S! ;  donations  or  sales  at  barely 
rciicbursinK  prices  Is  Ih?  wise  policy  of  the  govornmont, 
284;  after  a  fixed  day  the  surrender  of  that  unsold 
should  take  place,  834;  advantages  of  this  course.  2S4 : 
removal  of  tho  Indians  nearly  consummated,  285;  ob- 
stacles to  the  removal  of  the  Indian  tribes,  286  ;  the  re- 
movals seized  upon  by  party  spirit,  285;  Congress  ap- 
pealed to  and  rei\ised  to  intervene,  285 ;  tho  Supreme 
Court  appealed  to  and  rcfhsed  the  application,  285 ;  the 
case  of  the  missionaries,  285;  the  case  of  Tassells,  285  ; 
interference  In  the  affairs  of  Georgia,  2S6 ;  an  intima- 
tion given  of  the  insoIvcBcy  of  the  bank  and  the  inse- 
cnrlty  of  the  public  deposits,  286;  this  inti  nation  re- 
ceived with  scorn  by  the  friends  of  the  banli  296 ;  con- 
duct of  the  bank  In  relation  to  tne  payment  of  five  mil- 
lions of  the  three  per  cent,  stock,  3S6;  thi.  ...ttltndo  ol 
South  Carolina,  286 ;  opposition  to  the  rev  «nua  iawsi 
286. 

Message  to  28d  Congres^  871 ;  the  state  of  the  flna.iees, 
871;  remarks  relative  to  an  economical  administration, 
871 ;  reasons  for  the  removal  of  the  publie  deposits, 
871 ;  amendments  to  the  constitution  recommended,  873; 
remarks  on  conventions,  873. 

ComUnation  ngatnst  General  lAic^E^son.— Incident  ia 


iW 


INDEX  TO  VOL.  f. 


tlio  ritro<>r  of  Mr.  ri>\,  liwlfr  In  tli«  IIihim  of  (Vimiiiiina, 
4iHi:  iitiliiii  kcnlriKt  <l<'n.  .luckiuin,  4(IU;  tlidr  iniircnipnU 
IaI^k  It  |H<r«iiiinl  Hiiil  vlinlli'llvii  cliarnrtpr,  4(l<);  |H>wi>r  of 
tlii<  liiiiik  til  liMiliirn  illatrf.**,  4ii|;  Hpi'dkcTK,  4<>l ;  tint 
biiniiii'M  III  till-  cniiiMnHtliin  iIIvIiIimI— lilitri'u  anil  |>niil<' 
tin-  iiliji'i't,  401;  tlii>  frliiiil.4  of  Ocmral  >lui'k<iin,  401; 
l|ii'i'i'li  iif  Mr.  Cliiy  oil  tlii>  ri'innvitl  of  tliu  iIi'IumIIii,  4iri. 

■■In  tlii>  inlilst  of  II  ri<voliitliin,  liUlicrtn  IiImikIIi'iik, 4li'2; 
tbu  Juilloiary  liiu  not  bri'n  i-.\i'iii|iti'i|  from  Ibo  prcvull- 
Inir  Twe  for  Innovation,  402 ;  a  liiri;u  proportion  of  tli.i 
good  ami  cnlliflitrni'il  uion  of  tbu  Union  Bra  ylcMlnv  to 
lvntliiii>nt!i  oril('ii|iiinili!ncy,  4lf2 ;  at  tliu  cloiw  of  lant  lU'n- 
•Ion  tb»!  powi'r  iif  C'onijre«g  over  tbu  pume  vim  li'ft  nn- 
toiicbcil,40;l;  aflAr  all  tbo  tcAtlinonlfi  of  tbo  aafuty  of 
tbo  public  iiioni'y,  wlio  woubl  biivo  anpposvU  tbat  tbi< 
place  woubl  biive  biun  changcil?  40H;  by  virtue  of 
wboso  will,  power,  (lIutatloD,  were  tbe  ilopoMts  re- 
inovi'iiy  404;  tbo  President  bos  do  power  over  tbe 
Public  Treasury,  404;  aonie  of  the  triincndous  consu- 
quencc.4  wblch  may  an.«u«  from  tbis  bigh-handed  meas- 
ure, 40v>;  wbat  security  bavo  the  proplu  aj^alnst  tbo  law- 
leM  comluvt  of  tbo  President?  405;  tbo  Instnnce  of 
Osar,  40S;  wbat  Is  It  our  duty  to  doV  406;  remarks 
In  reply,  40fl. 

"Tbo  flrst  of  tbo  resolutions  n  direct  linprocbment  of 
tbo  I'reiildent,  400 ;  wo  are  trying  an  impeaubment,  4U<I ; 
tbe  Senate  sboubl  consider  well  before  tboy  proceed 
furtbcr,  407;  tbo  rlgbt  of  tbe  President  to  dismiss  bis 
secretaries,  407 ;  two  otbor  Impeachments  going  on  at 
the  same  time,  407;  tbe  President  on  trial  for  abl^'b 
crime,  407;  for  a  misdemeanor,  40S;  tbo  Secretary  of  tbo 
Treasury  on  trial,  408 ;  the  charge  of  being  tbo  In-itru- 
inontof  tbo  President,  40!) ;  people  callod  upon  to  rise 
»nd  drive  tbe  Oothe  f^om  tbo  cnpitol,  409 ;  tbu  bank  was 
not  tbo  Treasury  of  the  United  States,  409;  fourteenth 
article  of  tbe  bank  charter,  409;  the  legal  e.xistonco  of 
(ho  Treasury  brought  out  by  tbe  debates,"  410. 

Union  of  Clay  and  Calhoun  against  Jackson,  411 ; 
speech  of  Calbonn,  4U ;  gives  Clay  assurance  of  aid, 
411;  tbu  robbery  of  tbe  Treasury,  411 ;  tbo  revolution 
not  to  go  backwards,  413;  entirely  owing  to  tbo  military 
and  nullifying  attitude  of  South  Carolina  that  the  com- 
promigo  was  pa.isod,  412;  a  political  coalition  to  act 
•gainst  Gon.  Jackson,  412 ;  opposition  to  tbe  "usurpa- 
tions" of  tbe  President,  418;  contempt  and  scorn  at  tlie 
Secretary's  reasons  for  removing  tbo  deposits,  418 ;  tbe 
removal  of  Secretary  Buane  an  abuso  of  power,  418 ; 
Calhoun's  indcpendenca  of  the  bank,  414;  Clay  disclaims 
all  connection  with  tbo  bank,  414;  the  list  of  Congres- 
flunal  borrowers  or  retainers  largo,  415. 

Message  to  Congress  in  1884,  477;  relations  with 
France,  477;  tbo  indemnity  stipulated  in  tbe  treaty  has 
not  been  paid,  477;  extracts,  477;  question  of  waiting 
on  the  action  of  France,  or  of  action  on  our  part,  referred 
to  Congress,  478;  United  State*  should  insist  on  a  prompt 
execution,  478 ;  consequences  considered,  478 ;  collision 
with  Franco  to  be  regretted  on  account  of  her  position 
with  regard  to  liberal  Institutions,  478;  condition  of  tbe 
finances,  479;  fl-eedom  from  public  debt,  479 ;  seizure  of 
tho  dividends  due  tbe  United  States  on  stock,  by  the 
bank,  479;  other  proceedings  of  the  bank,  4S0;  criminal- 
ity of  the  bank  in  making  the  distress,  480;  bank  louet 
commenced  at  this  period,  4S0 ;  selling  the  stock  in  tbe 
bank,  4S0 ;  law  relative  to  public  deposits,  480;  increase 
of  t)ie  gold  currency,  481 ;  reform  In  the  Prosideotiol 
election,  481. 

Meeting  of  twenty-fourth  Congrest,  668;  choice  of 
Speaker,  669;  message  of  the  President,  669;  "relations 
with  France,  569;  origin  of  our  claims  against  France, 


6«M»;  exti'nt  of  tbe  Injiirlr*  wo  rpri'|r<:.|,  ,V»;  (g  ,»^ 
iinlnti'mipli'd  ni'k'ntlallnn  fur  twenty  year*,  nr, .. 
•hurt  lime  »bi<n  Franco  wasnverwbilini'.i  by  ti,,  , 
t«ry  |K>wer  of  fnlteil  Kuropi-,  tUKI;  iubjcrl  l.r,,.,,,) . 
In  tbo  liiewnge  of  lHi9,  fi'O;  exi'i'pllnMi  Ink,  „  (,,  , 
liii».>iWi>  by  tbu  Krenrb  Uoverninint,  fiTO;  11... ju,;,,.,, 
tbe  elitlms  recognized  and  tb«  amount  MlpiiUt,.,!  [„  , 
treaty  of  IWJI,  670;  Hi  raliflnitlon,  670;  iliUy,  ,f, 
French  Oovernmrnt  In  their  octlim  upin  tin.  ,1,1,1,^, 
ll«  fuiniimnt  beretofiiro  stated,  670;  rxpi'rtntli.niir,,,^. 
»d  on  tbu  promises  of  tbo  French  Oiivernini'n;  not  r 
Ued,  671 ;  consultation  with  Congriss  relatlv,,  i,,  ,„, 
ures  for  reprisal,  671 ;  rogardvil  as  an  Invilt  by  t 
French  Government,  671 ;  recall  of  tbilr  MlnUtir  v 
•iispenslon  of  all  dlplomatlo  Intercoumo,  5;i;  |„. 
vindicated  tbe  dignity  of  France,  tboy  next  ppicff. 
t4i  llluatrato  hcrjustlce,  671 ;  bill  paaaed  In  tbi<  Chauj 
of  Deputiea  to  make  the  appropriations  nc'ot><iviry 
carry  Into  effect  the  treaty,  671 ;  a  atlpulatlun  tlmt  n 
monuy  should  nut  be  paid  until  it  was  asccrtalnnl  t< 
no  steps  had  been  authorized  by  ConRrcM  of  a  ho»! 
character  towards  France,  671 ;  tbis  point  ascprtiio, 
672;  subsequently  the  bill  amended  to  re(|iilro  •  viti 
factory  explanation  of  tbe  President's  nicssnirc,"  1 
tbe  apology  repulaod  by  the  President  as  a  titnin  i>n 
national  character,  672;  li^urioui  effects  of  the  lii» 
tlie  fortlflcatlun  bin  In  tbe  previous  Con;rps»,  (72 ; 
hnmane  policy  which  governed  the  United  Statii  In i>. 
removal  of  the  Indians,  678 ;  the  revival  of  the  got  I  c<: 
rency  and  Its  influence  on  tho  Industry  of  tho  cuuntr 
678;  Increase  of  apccio  in  tbe  country,  67.1;  tlw  tran' 
portatlon  of  the  malls  by  railroad  and  tbo  extortion 
tbe  eompanloa,  674 ;  the  transmission  by  mail  l.ito  1 
slave  States  of  incendiary  publications  tending  to  ot. 
servile  insurrection,  674 ;  reform  in  the  niud>.>  of  elect::; 
tho  two  flrst  officers  of  the  Republio,  675. 

Foreign  Diplotnacy:—^o»i  alarm*  felt  from  this  fti 
uf  bis  administration  by  the  opponents  of  bU  cl«otl< 
601 ;  no  part  more  successful,  beneficial,  and  honorall, 
601. 

The  British  West  India  trade  recovered,  603. 

The  French  Indemnity  treaty,  602 ;  efforts  prevliMi«i 
for  redress,  602 ;  the  message,  602 ;  Bives  sent  as  Miai: 
ter,  602;  the  treaty,  602;  further  proceedings,  COS, 

The  Danish  treaty  of  indemnity  for  spollationi 
American  commerce,  608;  consisted  of  illegal  cclzii 
and  confiscations  of  American  vessels  in  DanUh  [Kirti 
during  the  time  of  the  British  orders  In  Council  and  ibi 
French  decrees,  603;  negotiations  of  J.  Q.  Adams' 11) 
ministration,  608;  subsequent  success  of  the  negolii 
tions,  60a 

Neapolitan  Indemnity  treaty  for  Bpollations  on  Amtil 
can  commerce,  608 ;  previous  efforts  to  obtain  Mtm 
ty,  608 ;  cause  of  delay,  604;  embarrassments,  601;  tii 
cess,  604. 

Spanish  Indemnity  treaty  for  causes  of  complalot  iloi 
1819,  604;  Spanish  blockades  of  ports  of  South  Amcrli 
colonies,  604;  state  of  negotiations,  604;  success,  609, 

Busston  commercial  treaty,  none  before  negntliKJ 
606 ;  many  previous  efforts,  605  ■  every  thing  else  graii 
but  a  commercial  treaty,  605;  final  success  of  nep& 
tions,  606. 

Portuguese  Indemnity  for  seizures  during  tbebloti 
ofTorcelra,606;  treaty  made,  606 ;  Inability  of  ronij 
to  pay,  606 ;  time  extended  and  payment  made,  M 

Treaty  with  the  Ottoman  Empire  made  in  ISSl.M 
flrst  treaty  with  that  power,  606;  still  further  trcttj 
relation  to  our  commerce  needed,  607;  stipuIattoiu,iil 
auccess,  607. 


INDEX  TO  VOL.  I. 


x\ 


I*  InlurlM  wo  roiTlTi.l,  fMW;  tn  tflm  ^  | 
ciriitlntl.ni  f'T  twciitjr  ynr\  ,.\,,y 
Kr«nro  wiuiiivcrmli'ltiii'il  ly  \\„  i,... 
tilli'il  Kuri>I»",  f-'W !  »iilijfrt  lirmigt.i  -^l 
i.f  iH'tV,  Mtt;  pxi-i'lptlom  t4li.ii  ti>i|«l 
Kronrli  (lovorniiKiit,  fi'O;  tl,.')u»ilrc  ,|l 
rnlzi'il  nml  tlio  ainmint  KtlpiiUtiMl  in  v  A 
5Tu;  Hi  rtttiflciitliin,  f>7«;  iMayi  (ft  ,1 
mcnt  In  tlu'lr  actlrni  npiTi  llii>  mit.J.rt  ,( 
irptiifcir«  »t»t«<li  f''"!  "il'''''t'itl"n»fi.ii:  !. 
l(io»  of  Uio  Fri'licli  UDViTiiiiii'tit  not  r  . . 
jitntinn  with  ConffTiM  r^lailvi.  tu  ui.  ,.. 
ul,  Ml;  rogarilml  M  an  linult  Ly  n. 
imcnt,  671 ;  recall  of  tliclr  MitiUtcr  v. 
all  <ll|iloiiiatlo  InttTonuriic,  571 ;  lir  ■ 
dignity  of  Frnnre,  they  mxt  |irwfi-.;.. 
r Juntlce,  671 ;  bill  paasod  In  th(>  Chain'. 
)  make  the  appropriations  n(T,'»«ry  t>L 
ct  the  treaty,  571 ;  a  »tipululli,n  timt  lul 
not  be  paM  until  It  was  asccrtalnoil  t!  tl 
)cen  authorlieil  by  Concriss  of  a  hc.o  ' 
ards  France,  671 ;  tbia  point  Bswrlaln 
ntly  the  bill  amended  to  require  t  nii..| 
nation  of  the  rresldenfa  nunxso,"  :/ 
ipulBod  by  the  Presldont  as  a  »t»ln  on  thol 
ioteT,872;  Injurious  effects  of  the  !..,( 
in  bill  In  the  previous  Congress,  672 ;  !!n 
y  which  governed  the  United  States  In  \U 
e  Indians,  678 ;  the  revival  of  the  gul  I  cnr-j 
influence  on  the  Industry  of  tli«  cuuniryl 
of  apeclo  In  the  country,  t73;  the  tranJ 
the  malls  by  railroad  and  tho  extortion  A 
3S,BT4;  the  transmission  by  mail  btothj 
of  Incendiary  publications  tending  to  os<; 
■ectlon,  674;  reform  in  the  niodo  of  deciitJ 
officers  of  the  Republic,  67S.  1 

XpJoimicy.— Most  alarm- felt  fyom  this  fir^ 
ilstratlon  by  the  opponents  of  l.ls  electl.  l 
more  successful,  beneficial,  and  hononiuJ 

h  West  India  trade  recovered,  m. 
•h  Indemnity  treaty,  602 ;  efforts  prevl.in.lj^ 
502 ;  the  message,  602 ;  Klvcs  sent  u  Minisj 
I  treaty,  602;  further  proceedings,  003. 
sh  treaty  of  Indemnity  for  spoliations  cii 
ommerce,  608;  consisted  of  lllegiil  Mimr.< 
itlons  of  American  vessels  In  Danish  poro 
:lme  of  the  British  orders  In  Council  «nd  th  j 
rees,  608;  negotiations  of  J.  Q.  Adams' »a| 
1,  608;  subsequent  success  of  tho  negolii 

in  indemnity  treaty  for  spoliations  on  Anml 
ree  608;  previous  efforts  to  obtain  Indemiil 
aso'of  delay,  604;  embarrassments,  6M;  su(| 

ndemnlty  treaty  for  causes  of  complaint  iJ 
Jpanlsh  blockades  of  ports  of  South  AmM 
14-  state  of  negotiations,  604;  fucces^6(l^ 
commercial  treaty,  none  before  negotto 
previous  efforts,  605  •  every  thing  else  gnaU 
nerclal  treaty,  605;  flnal  success  of  ncgci 

ese  Indemnity  for  seUures  during  theWocl 
u  606;  treaty  made.  606;  Inability  of  Port. 
•  time  extended  and  payment  made,  ft* 
ith  the  Ottoman  Empire  made  in  lS31,i 
with  that  power,  606;  still  further  trostj^ 
our  commerce  needed,  607;  Btlpulatloi»,« 
■7. 


lUoewal  at  the  treaty  with  Mufoeou,  tm 
Treaty  with  »Um,  «in. 
Treaty  with  HulUn  of  MiiM-al,  (hH. 
LMt  me«i<M{»,  6M;  ri>rii|i|tulatl<>n  of  thi-  »iiii|ilrlnii« 
lUM  uf  tbiiiipi  at  home  ami  alir<>a<l,  ftt4;  th>'  'li'|><i<|t  lU't, 
tM;  thedUtritmtlon  •eht-mv,  AmS;  fff«<-ts,  iv<.  ;  Imiiuik'k 
(,f  tiiC  Treasury  circular,  An6;  attark  u|K>n  tht>  ilrciilnr  In 
t'ungreis,68fl;  Hemlnole  hostilities  In  Kloridit,  iWtl;  tli,' 
stock  In  tho  Ilsnk  of  the  I'oltcd  (States,  A<i7;  the  dilwy 
uf  appniprlatluna,  6SM;   mall  rontmcts  with  nillr<>si^ 
(8M ;  supervision  over  the  Imllao  tribes,  6!>l) ;  the  uiudu 
of  I  be  Presidential  election,  609. 

Farewell  address  of  I'resldent  Jicksiin,  782;  on  dis- 
union, 782  i  his  apprehonsloni,  78.1. 

(.'onclusinn  of  his  ailuilt|lstratlon,  78!) ;  remarks  and  re- 
flections, 788,  784;  appenrsnce  at  the  Inauguration  of 
Ysn  Iluren,  786;  his  reception,  785;  his  retirement, 
785;  bis  deoeasp,  786;  his  tirst  appearance  to  tho  writer, 
786;  first  Interview,  786;  Intercourse,  786;  Mrs.  iJaek- 
ion,  787,  789 ;  his  character,  737,  788 ;  elected  Mijor- 
Oeneral  In  Tennessee,  78>l;  nephews,  789. 
I  hciton  and  CalAoun,  rupturt  2«(if<(n.— Pamphlet  of  Mr. 
Calhoun  relative  to,  107 ;  lu  title,  167 ;  Its  contents,  167 ; 
the  case  as  It  was  made  out  In  the  pamphlet  an  Intrigue 
on  the  part  of  Van  Buren  to  supplant  a  rival,  108;  this 
ease  confronted  by  Jackson,  166 ;  hbi  previous  opinion 
of  Calhoun,  168;  the  reply  of  Jackson  never  published 
beretiirore,  168 ;  how  It  came  Into  the  possession  of  Ben- 
tun,  168;  letter  of  Kendall,  168;  contents  of  Jackson's 
exposition,  168;  ]ustlflcatlon  of  himself  under  the  law  of 
nations  and  the  treaty  with  Spain  for  taking  military 
possession  of  Florida,  168;  do.  under  the  orders  of  Mon- 
roe and  Calhoun  as  Secretary  of  War,  168;  a  statement 
of  Mil  Calhoun's  conduct  towards  him  In  all  that  affair 
of  the  Seminole  War,  lie.,  (69;  "Introduction,  169;  ex- 
tracts from  orders,  169;  letter  of  Calhoun,  169;  Jack- 
wn's  letter  to  Monroe,  169 ;  manner  of  the  reception  of 
the  letter,  170;  reply  by  John  Eheo,  170 ;  circumstances 
under  which  Jackson  entered  Florida,  170 ;  conduct  of 
the  Spanish  authorities,  171;  the  impressslons  nnder 
which  Jackson  acted,  171 ;  his  dispatch  to  the  Secretary 
of  War,  172;  acted  within  the  letter  and  spirit  of  his  or- 
ders, and  In  accordance  with  the  secret  nndorstandlng  of 
the  Government,  In  taking  possession  of  St  Marks  and 
Pensacolo,  178 ;  letters  to  the  Secretary  of  War,  172 ;  no 
replies  of  disapprobation,  172;  statements  of  a  Georgia 
jonmal,  178;  no  reason  to  doubt  Mr.  Calhoun's  approval, 
178;  ftarther  evidence,  178;  letter  of  Col.  A.  P.  Hayne, 
i78;  his  Impressions  derived  fh>m  Mr.  Calhoun,  174; 
Informed  that  Calhoun  was  the  instigator  of  the  attacks 
npon  htm,  174;  and  that  Crawford  was  unjustly  blamed, 
174;  statement  of  Mr.  Cobb,  174;  Inquiries  of  Col.  Ham- 
ilton of  Mr.  Calhoun,  174 ;  private  letter  of  Gen.  Jackson 
to  Mr.  Calhoun,  174;  Calhoun's  reply,  175;  recapitula- 
tion, 176;  how  the  suspicions  of  Gen.  Jackson  were 
awakened  against  Mr.  Calhoun,  175 ;  statement  of  Mr.  T. 
Bin  ;iild,  175;  the  statement  of  Mr.  Crawford  obtained, 
175;  Inqntry  relative  to  Its  correctness, of  Calhoun,  175; 
bis  reply,  175 ;  note,  175 ;  united  testimony  of  tho  Cab- 
inet, 176;  toast  of  Calhoun  by  Gen.  Jackson,  177 ;  the 
report  on  the  resolutions  of  censuro  in  the  House,  177 ; 
Its  bitterness  dne  to  Mr,  Calhoun,  177;  proceedings  of 
Mr.  Leacock,  177;  Calhoun's  secret  communications  to 
bim,  178;  report  of  Mr,  Leacock,  178;  a  darker  shade 
■dded,  178;  sueoess  of  Calhoun's  management  thus  far, 
179;  the  mask  worn  by  Mr,  Calhoun,  1X9 ;  'farther  state- 
ments," 180 ;  calamitous  events  followed  this  rupture, 
180;  Crawford's  words  relative  to  the  production  of  the 
private  letter  of  Jackson  to  Monroo  in  the  Cabinet 
meeting,  130. 


Jitekton,  iiUfmi4*il  a—<u*intttUtn  </— Tit*  l'r>»liWnl  »\.t 
lalilnri  attrnd  tlio  I'.meral  «t  M  llliwii  It  l>*«U,  >Vil; 
rlri'uiiiitanr.-ii  of  tho  atlrnii.t  to  dnHit  'li*  I'rnldi  1 1 
^'JI  ;  till'  aMailunt  kncirliiMl  >l<iwn  and  wi'iirial,  .Wl ;  tl.t 
lirUitii'r,  .Vil;  tk«  pUlnl.,  .V^l ;  iirlxinrr  naiuiiii'd  l.y 
|iliy«l'l»ii»  rt'latlv*  to  tlio  iumiiiiIik'wi  u(  bis  iiiIimI,  ."'JJ, 
ri'|»prl  of  |iliy»lrl«ii»,  .Vrt;  a  cli»..i«,.,|  niliiit  a<'l<i|  U|«.ii 
liy  a  iffni'rai  oiitrry  iwiiln>l  apulilic  iu»u. 5i.t;  ii<>t  Irn.l, 
liut  tri'uti'ii  an  ln<uiii<,  tiH. 

Jiukmin,  I'rmtilmt,  .Sriiillfriill  i  onitfrniulHoH  ((f.—Way 
and  I'alhciun  tho  liadliu  nplrlti  In  tbli  iii«a(ur<>.  4^.1; 
the  rdstilullun  powi'd,  4il;  IrriUvumv  of  tli«  ri'Miliilii.n 
to  any  right  or  duly  of  the  hinuti',  4i'l;  Itn  ilT.'et,  4^:1, 
eciinpoauro  of  I'ri'Aldfiit  tluckuin,  4'/t;  niunui  uf  liii 
Ml  nd.i,  4'J4 ;  nilM-lilcrof  tho  ll^trl's^  4^1 ;  tho  I'mti'st  »r 
the  Presldfnt,  4'.'.'i ;  its  rnntent*,  4'J5;  (•»truitit,  4'i.'>;  "it 
wants  both  the  furni  andaulMtuneeof  a  iciti^liitivx  iiiiiik. 
ure,4'A"V;  tho  whole  lihraiHM)liii;yJudk'UI,4iS;  lt«cliiiii!«», 
4'J■^;  In  subilanco  an  iiniii'Oi'binent  of  tlio  rri"<iili'iit, 
4'J5;  this  linpeai-binent  originated  in  tlio  Henatu  Kltlinut 
the  alii  or  eonenrrenoo  of  tlio  llnuee,  4!i6;  Senators  fmni 
three  States  voted  contrary  to  the  sense  of  their  IcuMu- 
tures,  426;  word.t  of  tho  Protest,  4'^7;  an  appeal  ti  Iim 
private  history  fur  the  patrlotUni  and  integrity  uf  la 
life,"  4'^7;  tho  excitement  which  ensued  up<in  its  rtuil- 
iug  in  the  Senate,  427, 

Notice  of  the  Expunging  resolution  given,  428;  re- 
marks, 428;  "Instance  of  tho  llouso  of  Commons,  42t( ; 
the  question  brought  before  the  Aineriean  people,  42x; 
motion  to  reject  tho  President's  message,  Is  the  ques- 
tion, 429;  tho  charges  oftho  resolution,  4'.^  ;  speeches  lu 
support  oftho  resolution,  48U;  three  eharaelers  in  whieli 
the  Senate  can  act,  48(1;  one  of  the  most  dllUeult 
and  delicate  tasks  in  tho  convention  was  to  select  a 
court  for  the  trial  of  impeachments,  430 ;  it  Is  an  objuct 
not  more  to  be  desired,  than  ditllcult  to  bo  obtained, 
481 ;  further  remarks,  481 ;  tho  Star  Chamber  I'ourt, 
4!12;  what  occasion  has  thu  Senate,  sitting  an  a  court  of 
impcoobment,  for  tho  power  of  execution,"  482 ;  motion 
carried,  432 ;  reasons  for  tho  Senate's  refusal,  4i>t). 

JEfFKHBON,  Thomas,  rejects  the  treaty  of  1807,  1;  Ills  iih'it 
of  a  commercial  communivation  with  Asia,  14;  bis  inter- 
view with  the  traveller  Ledyard,  14;  seeks  discov- 
ery of  the  Columbia  river,  14;  projects  tho  expedition 
of  Lewis  and  Clarke,  14 ;  views  on  tho  cession  of  Texas, 
lU;  letter  to  Dr,  Breckenrlilge,  16;  as  a  statesman,  'i^; 
remarks  on  future  French  affairs,  81 ;  remarks  on  tbu 
road  from  Georgia  to  New  Orleans,  48 ;  deceose  of,  b7 ; 
character,  67,^;  bis  connection  with  the  doctrine  of 
nullification,  148. 

Jksbup,  Gen.,  second  to  Mr.  Clay  In  the  duel  with  Kundolph, 
70 ;  his  statement,  70, 

JoBNNT,  the  servant  of  Randolph,  anxiety  for  his  master  ut 
the  duel  between  Randolph  and  Clay,  75, 

JonNSON,  CnABLES,  on  reference  of  tho  Bank  memorial  to  a 
select  committee,  235. 

JoHNSOX,  Hbnbt,  Senator  flrom  Louisiana,  7;  governor,  T. 

Johnson,  Ricuabd  M.,  Senator  trom  Kentucky,  7 ;  votes  for 
the  Missouri  Compromise,  8 ;  Judge  of  Supreme  Court,  8. 
On  committee  of  bank  Investigation,  241;  reports  on  Im- 
prisonment for  debt,  292. 

Joint  Committt*  of  both  Houses  on  the  admission  of  Mis- 
souri, 9. 

Jokes,  Francis,  Eepresentatlvo  from  Tennessee,  7, 


Kendall,  Amos,  letter  to  Calhoun,  168;  Postmaster  Gen 

erai,  181, 
Kino,  Rufcs,  Senator  from  New  Toik,  7 ;  appointed  Mlnlstei 


It 


in 


INDKX  TO  VOL.  I. 


I<i  KiigUml,  AT ;  lunirHrvIc*  tn  tb«  (InTfromant,  tr>  ;  bU 
liiuuiii^rii,  r>i ;  ilri'w,  &7  ;  ruurti-tjr  l<vlw<'vn  bliii  ur.'l  Vta 
lliinii,  ri7;  III*  •uin{i''tl<>ii<  til  nctiBlur  llonlun,  '>'« ;  bit 
■Uti'iiii'nlcirtbi'iH'iiiliiitiiiliirUiurrxiliiUouarjr  |i«rluil,M. 

KiN''.  William  It.,  hiiiulur  friiin  AIuImiiia,  7  ;  vnU'i  fur  tbu 
Mlnuiurl  ('oiii|ir<iiiilM-,  s;  un  tliii  Kxpiiiiiiliiti  ri'iulutloiii 
of  Aliihaiim,  Ti'A '''^lU''^?. 

KiKu,  •liiiiK  I'.,  nil  •liiilliliin  iH'tUluui,  (18,  ai7;  un  tb«  Imlu- 
|H'iiili'tK'ii  of  Tuiv,  6M. 

Kbkmkii,  *Uc)kiik,  itviiwi'il  autbur  of  »n  aiiuiiyiuiiui  publl- 
calliiii  lyulust  tiny  ;  71, 


LxrkiKrtKhtu rM/.— An  AlMcnoo  ufflirtjr  yean, 29;  maiini'r 
«f  IiIh  ren'|itii>n,i{y;  aililri-M  iirH|icak«r  Clay,  8U;  httlxy- 
ftte  tn  tliu  I'rpri'iice  of  punUTlly,  8u;  a[i|iru|irlaUun  uf 
iiiuni'y  uml  Inn  1  to  LufayotU*,  Hu ;  the  Kraota  o|ip«i(tHl 
Hii;  roiwiina,  8U;  advucatu)!.  Hi ;  hU  aaorlllcra,  81 ;  vluwa 
i>r.l('irpr:«iD,  HI ;  ruturu  of  Lofuyutta  to  France,  81. 

Lan.han,  .Iam»:«,  t/it  catf  i/.—Ou  the  expiration  of  the  Son- 
iitiii'liil  term  uf  Luniiniii,  tbu  LcKlsluturo  uf  Cunorctluiit 
tn\\\ng  tu  vk'Ut,  tbu  tiovurnur  a|>|iuint<iil  bim,  M;  debutu 
un  tbu  viillillty  uf  tbu  apiHilutniunt,  fitf;  not  •  caau  in 
» lileli  a  Kovuriiur  cun  Oil  u  vacuncy,  tbe  vacancy  furu- 
Kuun,  nut  /uijipentil,  66  •  j>rece<lenta  ru|Hirtoil  to  tbo  H»'ii- 
atu,fitt;  umuitisfnctory,  M;  inutiun  to  admit,  rujvrtud,  fill. 

Lawrinck,  IticiiAHP,  atteni|its  tu  luuassinalo  rrvalili'Uf. 
.'iK'kaun,  Mil, 

Lkakk,  Waltkii,  voto.H  for  tbc  Mluourl  Cumprotiil^p,  S. 

Lkiiyaiu),  Juiin,  ntti'iniits  tbo  Ulnuuvury  uf  tbu  Culiiuilibt 
rWur,  14. 

Lkti'Iiku,  lloHKUT  v.,  iiiovoi  tbo  coinpromlao  tariff  bill,  800. 

Lkwih,  (if  Nutth  Cnrolinn,  on  the  admission  of  Arkausas,  (tU'i. 

LiviNciBToN,  KuwAUD,  Suoritary  ofgtato,  181, 

Lloyd,  Kuwahd,  Senator  I'rorii  Maryland,  7 ;  governur,  T ; 
votes  fur  tbo  MImuui'I  '  'oinprumlse,  8. 

I.ouAN,  William,  vcti  s  1,t  tbe  Missouri  Compromise,  8, 

LuwNUKs,  William,  Ueprcscntat've  fVom  South  Carolina, 
T;  H'c'ii^btuf  bill  opinions,  i;  on  the  ooromlttvo to  whom 
wiu  referred  tbo  application  of  MUsourl,  9;  decease,  18; 
bis  character,  19. 

Luwuie,  Walter,  votot  for  tbo  Missouri,  Compromise,  8. 


in 


Mapaulay,  bis  description  of  reuiovait  from  ofttee,  162. 

Uacun,  Nathaniel,  Senator  from  North  Carolina,  7;  votes 
for  tbe  Missouri  Compromise,  8 ;  opposes  tbo  grants  to 
Lnfayotto,  30;  h!«  voto  for  Vice-President  in  1824,  ^•"': 
answer  relative  to  the  autborsbip  of  tbu  report  on  '.'i 
I'anaina  mission,  68. 

Ketlroment  of,  1U;  Ills  temperament,  114;  flxcl  t'.ie 
tiniu  for  bis  retirement  long  before,  114;  bis  reslg  '  I.  n 
114;  his  death,  114;  bis  character,  114;  sketch  ":  k  ; 
life,  115 ;  enters  tbe  army,  115;  refuses  to  leave  the  camp 
for  the  legtslatlve  assembly  of  his  native  State,  115;'tbo 
battle  of  0>aiford,  US;  Macon's  civil  life,  116;  his  po- 
litical ^trinclplos,  116;  disregard  of  wealth,  117;  bis 
frii-idsbips,  117;  his  executor,  117;  co<1lcll  to  his  will, 
ir> ;  hk  charity,  118;  his  dress,  118;  his  dislntcrestoil- 
sesR,  ir- .'  his  simplicity,  113;  letter  on  the  Military 
Academy,  182 ;  his  diiractcr,  534. 

Uadison,  Tames,  yields  in  favor  of  the  second  bank,  8;  on 
tbo  re;,  ilailon  of  commerce,  l.W;  bi.t  veto  of  an  Internitl 
improvciucut  bill,  167;  Ills  letter  on  slavery  agitation. 
609;  remarks,  623;  decease  of— timo  of  his  death,  678; 
remarks  of  Ur.  AVlthorspoon,  678;  his  Ulent,  677;  his 
writings,  679;  cbaracteristlos,  679. 


p«blbb*s  •  quarta  voluMs  uf  U»lu,| 


<•< 


MrOtiai,  J.  (' 
Icttans  1 1». 

Manui'm,  Willi*  I'.,  on  the  branrb  Mint*,  Vii) 

Maacv,  Wil.  am  U,  tot  Vau  llurt'D  m  ^,ii  i.i  I 

Ulhi,  VID, 

Mahiiali.,  >loiiK,  I'blt'f -InntlrM,  7;  a<lnilnUl»ra  ilia  mil,  ., 
oiHce  to  •lurks  III,  II'  ;  deeer.M  of  Chief  Juilhi',  i,,, 
bla  rbarai"  r,  U  !;  his  kjiei'i  h  In  Ihu  ca<iu  bt.luMi„u 
Uobbina,  tin). 

M(l)i'rrii%  Uioaoii,  diovm  amvndniunt  In  iIm  eoniiiii;. 
tluo,  87;  vkprvsMs  thu  views  uf  ths  Pmith  on  ili,  ,.. 
vised  tariff,  IW);  un  revUlon  uf  the  tariff,  luij;  ^a  ii,, 
t'uuuiiltte*  uf  Itank  Inveatlgathm,  211, 

.MulNTuaH,  William,  Cblvfuf  Creek  luilluos,  M;  iitgoiUt>« 
a  treaty,  M. 

McLank,  Lovia,  Kepresentatlvo  from  Itelawai>'.  7;  ^t 
Minister  tu  Kugland,  .127 ;  Suervlary  of  i  i«  TiuMir/ 
UL 

MoLkam,  Juiin,  ruttinastor  Uener  I    1;  i  o.,  nat. 
eral,  &H;  appointed  Jutllcu  oi  IL     .Mpre'no  Cuiirt,  i 

MvKiNNiY,  TuoMAs  L.,  supuiluleoi'ii  V  vl  ''<<  ]ivii>n  r^, 
tury  system,  21. 

Mki(.s,  It.  J.,  coadjator  vl.ii  i  :iiy  on  the  ill.  lourl  i|u„. 
tlon,  lU. 

ilnnorial  ut  \\\>-  Ilank  Din  r:urs  to  CumcresH  n  Ittlve  to  i> , 
removal  oi  iuh  publlo  deposits,  )i',i;  if  ihe  rijui.i 
Uuvurniiient  Uiructurs  of  the  Hunk  to  Congreu,  Unu. 

Mrrokr,  v.ii.\hlh  1-  inton,  Krpreseiitativn  from  Vlrxiiiin,: 

Mtinayt  on  tbe  South  Carolina  proceedUiKs,  8o>);  rrliii.' 
to  llio  distribution  uf  the  protteeds  of  tbe  sale  of  |iu.,li. 
lands,  UtiO;  to  twunty-tbird  Cuiigresa,  809;  on  ilie  ... 
numluatlou  of  tbe  Hank  Itlrectura,  >lsi). 

McTCALrK,  TliuMAt,  Itcpreaeutallve  frum  Kentucky, ' ;  |  t- 
ernor,  T. 

mMgan,  admission  of,    8e4  Arkantat. 

MUUary  Acadtmy.—H umerous  desertluns  in  tbe  army,  h.'; 
ditHculty  to  And  a  remedy  for  tbe  evil,  182 ;  letter  rmi 
Mr.  Macon,  182;  not  a  government  in  the  world  lo  to- 
friendly  to  tbe  rights  of  tbe  peo;.lu  as  ours  since  the  »■ 
tallshmcnt  of  the  West  Point  Institution,  182;  otUccn 
rise  ttom  the  ranks  In  all  countries  of  Europe,  lil;  rr. 
turns  to  Parliament,  188;  how  Is  It  In  our  servlcst '.%;; 
dinieulty  of  obtaining  a  commhuion  for  a  cltliion  la  i!,t 
regular  regiments,  188;  case  of  Uermann  Thorn,  K; 
admitted  to  service  In  Austria,  188;  ease  of  Kit  Cu^jd. 
188 ;  rejected  because  he  did  not  come  through  the  Wni 
Puint  gate,  188;  tblsrulo  of  appointment  bocomo  t:.< 
law  of  the  land,  188 ;  popular  opposition  to  tbo  lusili.' 
tlon,  184 ;  It  is  sold  Washington  was  the  fouudor  uf  lU 
Institution,  184;  the  Institution  of  his  day  a  ymU 
ferent  affair,  184;  explained,  184;  all  was  right  un;ii 
1812,  184;  extract  fk'um  the  act  of  1812, 184 ;  the  di'cv;,. 
ti  >n  )t  tbe  clause,  184;  otiier  de^JeI  tioni  which  follov 
"'Is  establls'-.'  '■■'•  M  mainly  u  school  forthegn^ 
:>i  '  .J  education  .  .iioie  who  have  lufluence  to  gtij 
there,  184;  gratultuus  instruction  to  the  children  or  t. 
living  is  a  vicious  principle,  185;  vital  ottJeotloiutatUj 
Institution,  186;  a  monopoly  of  tba  appointments  lo 
effected,  186;  the  President  and  the  academy  sra  ihi 
real  appointing  power,  and  the  Senate  an  offlos  fur  l: 
registration  of  appointments,  186;  act  of  1812  rotis : 
constitutionality  on  flctioni,  186;  the  title  of  the  aetil< 
titlous,  186;  Its  title,  186;  our  academy  an  Imltatloa  < 
European  miUUry  schools,  186;  tha  remedy  forthei.| 
evils  Is  to  repeal  the  act  of  1812, 18& 

Attempted  Inquiry  <n(o.— Organtiod  under  tb« 
of  1812  688;  movemenU  against  early  commenced,  Sfc 
committee  appointed,  888;  report  688;  no  atttiiU( 
given  to  It,  683;  other  motions,  688;  debaU,  (M: 
monopoly  for  tbo  gratuitous  education  ot  the  soni  oT" 


IXI»KX  TO  Vor.    I 


«** 


iin  tbo  bninrb  MloU,  M" 

,  fur  Van  Uurvn  m  it.bi        ut  k.ii< 

U'f -liintl"'.  T  ;  ulnilnUUri  tba  ntil,.,, 
I,  II'  ;  iWe*r.i»  lit  t'blvf  JiitUii',  i;<; 
•  ;  III*  kJMiv'b  In  Iha  MtoufJuuiUt 

iiiiiN«i  sim'tKliiuint  to  tl>ii  ciitiititi. 
u*  lliu  vli-wi  uf  til*  Kiiiitb  iiii  tliii  t" 

un  rvvUbiD  (>r  tbu  tsrttr,  W) ;  ua  ili 
tiik  lnvu*tlg>tlon,  Ull. 
,  CbUr  uf  Crevk  luUluD*,  t» ;  tttfpxWt « 

'prrwlitntlvo  fniiii  IK'l«w»t.',  Tj  » m 
l»ncl,.WT;   Buerut»ry  or  r    ,.  ii*.,, 

•tinuter  Ocnor  I    I;  1  ih.  nru, 
uil  Jiiitlcuoi'  tl"'  ^luprcuio  Court,  l. 
1  L.,  lUiMiiluUiDi'ii  ,  lit     .■   Iiv'i'-  v. 

uior  vl  li  I   'ly  on  lUe  WLiourl  qun. 

,nk  Din  itoro  to  ConiprtM  wUtlve  to  tl  < 
|)UbUo  <l<'|«wlta,  u:i);    <t  ilie  rcjin.i 

riictor*  of  tbe  Bmik  to  CniiurcM,  m. 
KNTOM,  KcprtMiiitiitlvfl  from  VlfKlnln.: 

utb  C'orolln*  prociiodlnuit,  8<il);  roll  tin 

uu  of  the  prooi'ctU  of  tbe  ulu  of  pu^hc 

iweiity-tbirU  Coii(|ri'M,  IWtf;  on  llie  -<■ 

bi>  lU'ilt  Klrectom, "!»«. 

,  KeiirfiseutttUvt;  from  Koiilucky, ', ;  j  t- 

n  of.    8e*  Arkarua*. 
,— NumorousUeBortlons  In  tbe  army,  l>j; 
1  ■  remedy  for  tbe  evil,  IH'i ;  lott«r  from  I 
;  not  •  government  in  tbo  world  k  ud- 
rlghu  of  the  peo|.lo  m  cure  ulnco  the  »• 
bo  West  Point  lustltutlon,  182;  olllcttij 
kniu  In  ftU  countrle*  of  Europe,  l*i;  ti-  f 
ment,  188;  how  to  It  In  our  iervket  ;<.■. 
talning  a  commliwlon  for  a  citizen  In  tU 
nts,  188;  CM8  of  Uermann  Thorn,  \<\ 
■vlc«lnAu»tTla,188;  euo  of  Kit  t»r*.ii,l 
ocaute  he  did  not  come  through  tbo  Wrsi  I 
)■  tfclsrilo  of  tppolntmant  bocomotUi 
1, 188 ;  popular  opposition  to  the  Instlu-I 
iold  AVaeblngton  WM  the  fouuiloroftui 
4;  the  Institution  of  hl«  day  a  very  If- 1 
181;  explained,  184;  all  was  right  unilll 
raot  ttom  the  act  of  1812, 184;  the  dee.;.- 
ius«,184;  other  d*^»lt;ona  which  follow! 
blls''  •'■'■*  '*  malr.ly  u  school  for  the  jn-l 
tlon     .  -lioae  who  have  Influence  to  (Ht 
rtuitous  Instruction  to  the  children  ot  ttj^ 
ous  principle,  185  J  vital  obJooUons  to  tl. 
5;  a  monopoly  of  the  appointmentu  kc.J 
tho  President  and  the  academy  sre  ih* 
ig  power,  and  the  Senate  an  ofBoe  for  ml 
{  appointments,  18«;  act  of  1812  rosmJ 
Ity  on  fictions,  18«;  the  title  of  the  ncti^J 
ts  titlrt,  180;  our  academy  an  ImltiitloD  4 
lltary  schools,  186;  the  romody  fortliei.| 
tool  the  act  ofl812,18«. 
In^iry  <ii«fl.-Organliod  nnder  the  i 
movemcnU  against  early  oomm«nced,»l 
ppoluted,  688;    report  688 ;  no  sttcauoH 
683;  other  motions,  688 ;  debate, 
tho  gratuitous  education  of  the  soni  ofU 


i«eh  aM  litaeaftel,  Mf .  "me  rale  skwiM  aprly  la  the 

srmyas  spiillca  l<i  mrmUf,  -f «'«nirr«i«,  (UO;  furthfir 
rtrnrls  l<i  obtain  an  lnti^llintl"n.  IH<).  «ltaek  nn  Iho  aii- 
|.r.>|irlallon  r««>rtr  I  !■<,  Ml :  rrn\u\»'(  trraaklln  I'i.r  • , 
llll;  "KniiiniUnf  ..|i|..,.    i,,,,.  '-4I  :  wh;  has  l»<l«    '•   •    u- 

(tiioo  bt'cn  rioUti.ir  041 ;  ri.xn  ba  mMilila«  wtf^ri 
<.mn'«  the  mmt  iili,  1.  iitsupport  In  IpylNff  frto*^  MJ; 
ftfliialvvncja  of  Ibn  Inst.'  itlon,  tli  ;  tlw  Ury  aratl- 

ftiiy  not  calpulal«<l  In  in  4  lli«  army  iiiv.iie.  Hi- 
Iha  liiilltullun  In  th«  llinrs  uf  Wanlilngton,  .li>-.,  ami  ihe 
liiilltutlon  a*  It  Is  niiw,  MM;  ttnuM'-nf,  f><|iii'ai|.in  In 
Ur«at  Britain  examlaail,  6(4;  further  re  1.. ark*."  6l.\ 

A  rlaiise  In  the  s|i|iropriallnn  bill  flir  tbe  purrhajui  of 
forty  horses,  Ac,  erection  of  a  biill.llnjr,  a  rl'lliiu  hmim. 
In  bstl  weather,  Tli;  stru<k  out,  IVi;  o|ipoa|tlou  to  lla 
rittoratlon.  TU.  T18;  further  debato,  714. 
I  Wnwari,  admUnion  o/— Kxcltlnu  ijui-fillon  of  si'Mbm  of 
t->nKre»sof  ISiO-'il,  8;  the  atato  ailiiilttoM  without  r.- 
itrtRtlon,  8;  the  compromliip,  8;  work  of  the  South,  S; 
iiDsnlmlty  of  the  Trvtldcnt's  cablnot,  8;  unanimity  of 
the  Senate  on  tbe  comproinlao,  8;  Its  cimatltutlonallty 
failed  In  question,  8;  Sonalors  voting  for  It,  8;  vote  In 
the  House,  8 ;  tbe  incresae  of  sbive  Statns  avowt'd  to  bo 
a  question  of  political  power  between  tho  two  sections 
of  i^e  Union,  8;  provision  in  tbe  Missouri  Constitution 
forbldolng  Lrgialatlvo  Interference,  8 ;  clause autborlting 
the  prohibition  of  the  emigration  of  ft'oe  people  of  color, 
»;  iUtreatment  by  Congress,  9 ;  tho  real  point  of  objec- 
tion, » ;  application  for  admission  presented  and  referred, 
l»;  report  of  committee,  9;  resolution  rejected,  9 ;  Itsfiitu 
In  tho  Senate,  9;  House  reject  tho  resolution  of  tbe  Sen- 
ate. 9;  Joint  committee  ordered  and  appointed  In  both 
Houses,  9;  report,  9;  adopted  in  the  House,  9;  In  the 
Sciate,  10;  compllanco  of  the  General  Aswrnbly  of 
Missouri,  10;  defeat  of  tho  attempt  to  restrict  a  State 
from  having  slaves  If  she  chose,  10 ;  the  rcol  strinrglf, 
object  of,  10;  the  objectionable  clause,  how  since  re- 
garded, 10;  excitement  of  thn  occasion,  10 ;  a  federal 
movement,  10;  sentiments  of  the  northern  democracy, 
10;  a  movement  for  the  balance  of  power,  10. 
jWrnn/i  r«8<rftt«(>»«.— Not  now  discussed,  8(10;  the  old 
confederation  wos  a  league  with  a  legislature  actlns  on 
sovereignties,  861 ;  the  Federalist  on  tbo  defects  of  the 
old  system,  861 ;  on  the  cerUln  destruction  of  the  Tnlon 
when  the  sword  ts  once  drawn  between  tho  members, 
m ;  advantage  of  working  If  tba  laws   operate  on 
citizens  and  not  on  States,  861, 
|jfi.Wttr<  Question,  eatention  o/-ObJect  to  extend  the 
boundary  on  tho  Missouri  river,  626;  difflcultlos,  628; 
thn'cfold,  626;  a  bill  for  tbo  alteration  of  the  compromise 
line  and  tho  extension  of  the  boundary  reported,  02" ; 
iMssed  both  Houses,  627;  this  was  the  answer  which 
aorthorn  members  gave  to  the  imputed  design  of  abol- 
i-lilng  slavery,  «2T. 
|UiTcni5n,  GaoEUE  E.,  on  reference  of  tho  bnnic  memorial, 

to  a  select  committee,  234. 
|K«NnoB,  .Tamm,  negotiates  tho  treaty  of  1807, 1 ;  efforts  for 
the  declaration  of  war  In  1812,  6;  President,  7;  letter 
showing  the  unonlmlty  of  his  cabinet  on  tho  Missouri 
qnnMon,  8 ;  his  letters  to  Jackson  on  the  cession  of  Tex- 
as. 15;  ditto  to  Jefferson,  16;  cause  of  these  letters,  17; 
veto  08  iMWBal  Improvement  bill,  22;  veto  of  Cumber- 
Isnit  road  bill,  167 ;  decease  of,  his  place  in  history,  879 ; 
uu  character,  679 ;  pen  Ins,  679;  discretion,  679;  founda- 
tior  of  his  polltleal  career,  690;  remarls  of  Jefferson, 
«W);  his  career,  6S0. 
hoNBoa  doctrine.  «7. 
llooBi,  Oabkibu  anecdote  respiting  the  rejection  of  Van 


B«r»B  aa  MInlMfr  M  »:n«laB<l.  »IB;  a«alaal  Van  •-.r.s 
»•  Mlhl.i,.r  In  »:n<la».|.  219. 
Mokki^  I  n»««a,  n|)  at".lli|..n  petltkna,  tU 


I    I 


X*v  Miifi-n.  Mn-nnl  trmh  wit/,  ~.\n 

olf  UBW;  1,il.  tl  .  l,,l,rr..Hrw  Ut««^  »wmiri  and  n  , 
••  W..K.fn  Inl.  laal  |'r.,n#«...."  41 .  «knHieb  of  Int.  rmr 
<-..nii(..r<-^',  41 ;  a  l,ui  |,r»u(f^jt  tMattk*  HeliaU  to  i.|.n  » 
r..a<l  *'>4  I.,  ,m.».l  proUTlLr-  iwsihal  llw  •a^a<(»a,  t  ; 
aUlemvM  of  IVU  reUllvel.,  j...  Ira.lf,  41;  |iraiv^<i>l« 
for  Iha  conalMKUoii  <,f  t  roml,  4.. ;  remafkaof  Mr  Jatt. 

' ">  t'l'.  roiKl  from  »;«.rKla  in  N.w  Urieaiw,  M;  1. 

fonliin  jHirt  ..f  the   r»<i>4  th..  |>.>int  .,f  dlrth-illy,  4. 
lo.n.d   to  KlrlkB  ■    jt  th*  -xtra  territorial   (lau-t  <4  ll.» 
imlli.nal  hlirh»i.;      48;   vh'wt  of  Wenalora,  4.H     <4; 
p;i>«.'d,  44;  ri.11,1  lo  New  Mexico  built  uieler.X.. 
mlnUtrnthiri   u 
Nii.r«,  .loiiN  M      „i  cjio  In.l.pendenee  of  TexM,  *K 
Xoiii.r,  iIamu,  \>  ■(,.»  for  t|,«  MjMoiirl  l.'ompr>"mfc)e.  •<, 
.YulH/ralhin     Kvent  -1  \u  origin,  ».'> ;  the  ai4imin.a  right    ' 
aMliite  tounnulan  a-tofconjjreiw,  llli,  11,  wtinn  Inf 
del.iit.',  IDS;  nJlii,.lr.ru  to  tho  eonduet  of  .V     ,    Knirlan  , 
In  |Nl2,  IHt;  iM«,.ilin.-<  In  Smali  Carolina  m   (ho  Tarul, 
IDS;  re«.lv»-  pasaeil.  UJit;  their  defence,  Mi;  th»  doc- 
trine sunuiu-l  up,  u^-  .•onnter  explanation,  I'ill,  tbe 
Virginia  re*.liitl.,ii,  law;  how  the  Mouth  faMliim  doe- 
trine  would      ,vo  operated  In  New  EnKliind,  l;W;  the 
doctrino  has     ,  foundation  In  the  .onKtltutlon  or  In  \  ir. 
ginia  reiiolui,   .,,,  r,.;  "the  chanieter  of  the  gwv.rn- 
ment,  1H9;  eii   reniiiey  of  the  ooniitltution  and   Uwii, 
140;"  Intt-rprotii     .ri  of  the  Virginia  resolutions  dlapiiled, 
140;  remarks,  I    1;   Hartford  Convention,  Uo;  pli-dt-o 
of  forcible  resist    :,•»  to  ony  attempt  to  enforce  une..ti. 
atltutlonal  lows,  HO;  remarks,  141;  Webster  1  perota. 
tlon,  141;  remarks    f  Henton,  142;  his  Blown,  ,»  to  he- 
lleve  In  any  desl«n     <  subvert  the  Union,  142. 

Anniversary  of  .1  tterson's  birth-day,  148 ;  u  ibscilp- 
tlon  dinner,  148;  the  ifiiests,  14.S;  tho  regul^  toast.*, 
148;  conversation  v  ir.'.l  by  them,  148;  toa.H  of  the 
President.  148;  toast  1  Calhoun,  148;  remarks  relative 
to  .Mr.  Jefferson,  148.  ids  vlndlcotlon,  148;  resolves  ol 
Virginia,  149. 

Ordinanvt  in  Soufh  Cdniniia.—Tha  fate  of  the 
i^iueriean  system  was  «.;ded  by  the  elections  of  1^82, 
297;  the  course  of  yon  u  Carolina,  207;  words  of  the 
ordinance,  297,  29S ;  It  |,i,i«-od  tho  State  In  the  attitude 
of  open  and  forcible  resl.-ianco  to  tbe  laws  of  tbe  United 
States  to  toko  .  tfect  In  -ho  February  following,  298; 
offlclally  communicated  to  the  President,  293;  his  oath 
ofofflee,  298. 

Proclamation  again»l  nu«{/ffn«on.— Proceedings 
of  the  South  Carolina  conv.ntlon  stated,  299;  the  ordi- 
nance founded  not  on  the  iiHlofesslblo  right  of  resisting 
acts  which  are  plainly  nnconstltutlonal  and  too  oppres- 
sive to  be  endured,  299 ;  but  on  the  position  that  1  State 
may  declare  the  acts  of  Conirross  void  and  prohibit  tli.'ir 
execution,  800;  two  appeals  ttmn  an  unconstitutional 
act,  800;  words  of  tho  social  compact,  800;  If  this  doc- 
trine had  been  established  nt  an  early  day  the  Union 
would  have  been  dissolved  In  its  Infancy,  800;  our  con- 
stitutional history  shows  it  wo'uld  bavo  been  repuillated 
if  proposed  for  a  feature  of  our  Government,  300;  tho 
constitution  declares,  Ac,  801 ;  a  low  repealed  by  a 
small  majority  of  tho  voters  of  a  singlo  State,  801 ;  the 
constitution  forms  a  government,  not  a  league,  801 ;  ad- 
dress to  the  members  of  tho  convention.  802. 
J/eixaffe  on  Uie  SoiM  Carolina  pi'octeiliiigii.—'S^ 


ITIII 


INDEX  TO  VOL.  I. 


tira  in  tlie  annual  mpMaK'<  8'>8'  tontlnnttion  and  an- 
fcravation  nf  tbt-  iirocri'dinK'.  S*)B ;  (pcrtal  meuacr,  81)8 ; 
'•orillnnnco  transinlttcd  by  tlio  Governor  of  South  Caro- 
lina, HO));  hope  Indiilicod  that  l>y  explninInK  tlio  reconi- 
■iicndatlons  proponed  to  t'onirroM,  tlie  aiilhnrltlos  of 
South  Carolina  might  recede,  8()8 ;  hence  iiroclamallon 
Issued,  808;  the  reasonable  ex[)ectatlons  not  realized. 
8118;  neither  the  recommendations  of  the  Executive  nor 
the  disposition  manifeatcd  by  Conin'Pss,  nor  the  une- 
quivocal expreasion  of  pnblio  opinion,  have  prmlucod 
any  relaxation  in  the  measures  of  opposition,  803;  the 
flute  authorities  actively  orpanlzlni;  their  military  re- 
sources, 804 ;  proclamation  of  the  Governor  has  openly 
defied  the  authority  of  the  Executive  of  the  Union, 
804;  determination  of  the  authorities  of  South  Caro- 
lina, 804 ;  seta  on  the  part  of  South  Carolina,  804,  805 ;  no 
sutlicient  cause  for  such  procecdlnf;s  on  the  part  of 
South  Carolina,  800;  she  still  claims  to  be  a  component 
part  of  the  Union,  806 ;  the  duty  of  the  Execntive,  807 ; 
recommendations  of  the  President,  807 ;  Importance  of 
the  crisis,"  807. 

Deep  feeling  of  discontent  in  South  Carolina  ope- 
rated upon  by  politicians,  803;  this  feeling  Just  and 
reasonable,  and  operated  upon  by  politicians  for  per- 
sonal and  ambitious  objects,  809;  twofold  aspect  of  his 
proclamation  and  message,  808 ;  one  of  relief  and  jus- 
tice In  reducing  the  revenue ;  and  the  other,  flrm  and 
mild  in  enforcing  the  laws  against  offenders,  SOS ;  two 
classes  of  discontented — the  honest  and  the  politicians, 
808 ;  bills  proposed  in  Congress,  803. 

Revenue  Collection,  or  Forct  Bill.—^\\\  to  secure  the 
execution  of  certain  laws  in  South  Carolina,  S-SO ;  re- 
marks, 880;  "contains  no  novel  principle,  880;  pro- 
Tislon  for  removal  of  the  Custom  House,  880;  legtslatlun 
necessary,  880;  secession  on  one  hand,  and  nulllflcatlun 
on  the  other,  88t ;  state  of  uffairs  in  South  Carolina,  881 ; 
the  bill  confers  on  the  President  the  power  ot  closing 
old  ports  of  entry  and  opening  new  ones,  881 ;  a  promi- 
nent cause  which  led  to  the  revolution,  881 ;  empower- 
ed to  employ  the  land  and  naval  forces  to  put  down  all 
abettors.  832;  no  ambiguity  about  this  measure,  S-t'i; 
the  President  Is  charged  by  the  constitution  with  the 
execution  of  the  laws,  882;  the  President's  measure, 
b'82 ;  the  resemblance  between  this  bill  and  the  Boston 
Fort  bill,  883 ;  the  war  is  waged  against  the  measures  of 
the  administration,"  833 ;  the  support  of  Mr.  'Webster, 
8-S3. 

NiMiJication  resolutlont. — Kcsolutions  on  the  pow- 
ers of  the  government  introduced  Into  the  Senate,  834; 
counter-resolutions  offered,  884;  source  whence  Mr, 
Calhoun  obtained  the  seminal  Idea  of  nullification  as  a 
remedy  in  s  government,  88S;  Virginia  resolution  of, 
98,  99 ;  the  essential  idea  derived  (i'om  the  Boman  tribu- 
nltlan  veto,  835;  considered  a  cure  for  all  the  disorders 
of  a  Roman  State,  886;  remarks,  835;  "the  Boman 
system,  836;  operation  of  the  Roman  veto,  885;  the 
right  of  a  State  to  interfere,  886;  governments  of  seve- 
ral States  might  be  cited  as  an  argument  against  this 
view,  836;  the  tendency  to  conflict  In  this  action,"  836; 
Calhoun's  opinion  of  the  defects  of  our  form  of  govern- 
ment, and  the  remedy  for  these  defects,  887;  the  defect 
of  an  uncheckedauthorlty  of  the  mn)orlty,  887 ;  the  rem- 
edy an  authority  in  the  minority  to  check  that  majority 
and  to  secede,  aS7 ;  example  of  Jewish  history,  837 ;  its 
squint  ♦  '  the  Virginia  resolutions,  337 ;  circumstances 
ander  which  this  remedy  contended  for,  887;  object  to 
create  or  find  this  remedy  In  our  system,  887;  nullifica- 
tion, resistance,  secession,  found  by  Calhoun  In  the 
Virginia  resolutions,  83T ;  all  that  wag  intended  by  the 


Virginia  resolutions,  belnir  merely  an  ap|*al  to  piblit 
opinion,  8!J7 ;  debate,  8.1;      •  what  vu  the  c<  tiiW.r,  „ 
Virginia  In  the  meniorabk;  era  of  Us  anil  99,  H-'i^- [,„ 
real  Intentions  and  \>oUcy  were  proveil  not  by  dicUn. 
tlons  and  speeches  merely,  tut  by  facln,  f«H;  t|„.  ,.,f.. 
stitutlun  does  not  providi  for  events  which  niiiit  \^ 
preceded  by  its  own  distraction,  88S;  secewlon  an.)  n\,i. 
lillcatinn  revolutionary,  83'^;  its  tendency  Is  to  broak  cd  I 
the  constitution  as  to  all  the  other  JIates,  &','J ;  U  etriku 
a  deadly  blow  at  the  vital  principle  of  the  whole  I'ninr^ 
889;  it  arrests  the  power  of  the  law,  absolves  thr^citi-  j 
zen   from  dnty,  and  elevates  another  authority  tutu- 
prenie  command,    339;   the    laws    must  be   rr|it.a|(,|  j 
throughout  the  whole  Union,  or  executed  in  Caruiia;,  u 
well  as  elsewhere,  839. 

"  Nature  of  our  federal  government,  3.39;  a  union  Ir  I 
contradistinction  to  a  league,  839 ;  It  is  not  a  r  impact  or 
confederacy  between  the  people  of  the  several  Stales  la 
their  sovereign  capacities,  3:i9 ;  no  State  authority  hu 
power  to  dissolve  these  relations,  840;  the  constitution, 
acts  of  Congress,  Ac,  the  supreme  law,  840 ;  an  attenij  1 1 
of  a  State  at  nullification  a  direct  usurpation  of  th'.'  jii>t 
powers  of  the  federal  government,"  840 ;  some  other  I 
cause  than  the  alleged  one  at  the  bottom  of  this  desire  I 
of  secession,  840  ;  ambitious  and  personal  proceeilinL:)  I 
intimated  as  involved  in  the  proceedings  of  South  Cam.  | 
Una,  340 ;  expression  of  Calhoun,  840 ;  a  contest  between 
power  and  liberty,  841;    the  freedom  and  the  tlave 
property  of  the  South  Involved.  841 ;  exclusion  of  pa. 
trlotio  men  of  the  South  from  the  Presidency,  ii\ ;  or.- 1 
tradlcted  by  all  history  of  our  national  elections,  Stl ; 
protective  tariff  not  the  solo  or  main  cause  of  the  Suctb  | 
Carolina  discontent,  84^;  remarks  on  this  point,  S4I: 
"another  subject  connected  with  this  which  will  prevent  I 
the  return  of  peace  and  quiet,  341 ;  the  force  bill  a  prr.c.  | 
tical  assertion  of  one  theory  of  the  government  against  j 
another,  841 ;  the  bill  cannot  be  acquiesced  in,  unit" 
the  South  Is  dead  to  the  sense  of  liberty,"  841;  tk.«J 
lio.sltions  not  sustained  by  Southern  sentiment,  342- 
See  Tariff,  Keduction  of  duties. 


Ordinance  o/1787,— Authorship  clolmed  for  Nathan  Diiif,| 
1.33 ;  claimed  for  Jefferson,  188 ;  history  of  the  cage,  l*!;l 
Its  ultimate  passage  the  work  of  the  South,  133;  extractsl 
from  the  Journal  of  Congress,  184  ;  remarks  on  t!i«| 
claim  for  Dane  of  authorship,  184;  "origin  of  the  meas-f 
urc,  184;  an  attempt  to  transfer  the  honor  to  theSonib,! 
186 ;  proposed  a  second  time,"  136 ;  statements  compar.] 
cd  with  facts,  186, 1.36. 

Oregon.  Territory. — Proposition  for  the  settlement  of.  fi^'J 
made  r.t  the  session  of  1820-21, 18 ;  causes  that  loii  tfi  iiT 
13 ;  committee  moved,  18 ;  carried,  18 ;  the  coinniiti't| 
13;  report,  18;  proceedings  In  the  House,  13;  cor,!, 
quences  of  neglect  by  the  Government,  18  ;  advintajej 
from  Its  settlement,  13;  historical  facts,  14. 

Joint  occupation  of. — Astoria  captured  during  tbJ 
war  of  1812, 109;  not  restored  under  the  treaty  of  GhetiJ 
109;  convention  for  Joint  occupation  concluded  at  L«| 
don,109;  words  of  the  convention,  109;  article  written  b.4 
Benton  on  the  subject,  109;  our  traders  driven  outoftl* 
country,  110;  other  effects  of  the  Joint  occupation,  lIDl 
resolutions  against  the  ratification  of  the  subseqr.Fiil 
treaty  relative  to  continuance  of  the  joint  occupttiou 
111. 

Otis,  IIarxison  Gbat,  Senator  bum  Massichnset:*,  T, 


ISDKX  TO  VOL.  I. 


lis 


It,  beln.'  merely  »n  »I>|*»'  'o  I'iI'mJ 
lie,  B3;  "wh*!  WM  tlie  t<  niUir;  i, 
H'niorabli.'  era  of  9S  an<l  09,  Hii;  l,»t 

jiolicy  were  proved  not  bjr  (licl»r». 

uierily,  lut  by  tnct»,  SHS;  ll„- ,„r.. 

jirovUlfi  for  events  wliiih  niii.i  u  1 
m  distraction,  88$;  secewlon  aii.l  ml. 
nary,  889;  lt«  tendency  Is  to  bri'ali  up 
I  to  all  tlie  other  ■3tate^  &!» ;  It  slriku 
he  vital  prinelple  of  the  whole  ^;llll,^^ 
s  power  of  the  law,  absolves  the  clti. 
and  elevates  another  authority  to  m. 

839 ;   the    laws    must  be   rf [icalM  ] 
hole  Union,  or  executed  in  Caroiiai.  u 
,889.  I 

r  fidoral  government,  3.39 ;  a  union  ir. 
to  a  league,  839 ;  It  is  not  a  r  ,ni|iact  nr  I 
een  the  people  of  tho  several  States  In 
apaclties,  8:i9 ;  no  State  authority  tu 
)  these  relations,  840;  the  con»tltuti"n, 
4c.,  the  supreme  law,  340 ;  an  nttemi.t 
iflcatlon  a  direct  usurpation  of  lh>!  ju>i  ! 
ederal  government,"  840 ;  eoiiio  (ptljc:  I 
illceed  one  at  the  bottom  of  this  desire  I 
;  ambitious  and  personal  proceediiiia  I 
olved  in  the  proceedings  of  South  Ctro- 1 
iston  of  Calhoun,  810 ;  a  contest  between 
■rty,  841;   the  freedom  and  tho  slave  | 
South  Involved,  841 ;  exclusion  of  pi. 
he  South  from  the  Presidency,  M ;  or.. 
,  history  of  our  national  elections.  841 ;  I 
f  not  the  solo  or  main  cause  of  the  Scratli  I 
itent,  U\;  remarks  on  this  point,  841  ;1 
ct  connected  with  this  which  will  prevent  I 
pace  and  quiet,  341 ;  tho  force  bill  a  prto-  \ 
of  one  theory  of  the  government  against  I 
he  bill  cannot  be  acquiesced  In,  unli<?j 
;ad  to  the  sense  of  liberty,"  811 ;  ti.nj 
mstalned  by  Southern  sentiment,  342-  ^ 
iuction  o/dutiea. 


.—Authorship  claimed  for  Nathan  Date, 
jr  Jefferson,  138 ;  history  of  the  case,  ISt; 

aesn-'e  the  work  of  the  South,  183;  exttKti 
irn^l  of  Congress,  184  ;   remarks  on  tk« 

^  of  authorship,  184;  "origin  of  the  me«. 
ttcmpt  to  transfer  the  honor  to  thcSontb, 
a  second  time,"  185;  statements  conipar. 

185, 1.36. 

-Froposltlon  for  tho  settlement  of,  fir*, 
ossion  of  1820-21, 18 ;  causes  that  led  to  it 
e  moved,  13 ;  carried,  18 ;  tho  commili«, 
I-  proceedings  in  the  House,  13;  con* 
gleet  by  the  Government,  18  ;  advtntiBi 
ment,  18;  historical  facto,  14. 
naUon  o/.-Astoria  captured  durin?  tfc 
)9  •  not  restored  under  the  treaty  of  Gliett 
Ion  for  Joint  occupation  concluded  at  Ion 
ds  of  the  convention,  109 ;  article  written  bt 
subject,  109;  our  traders  driven  outotlki 
.  other  effects  of  the  Joint  occupation,  IWl 

gainst  tho  ratification  of  the  subseqnen 
to  continuance  of  the  joint  occnp.ti'«i 

Seat,  Senator  from  Mawachnset  A  7. 


fit*"!,  Wil.iAM  -V  .  votes  fnr  the  Mtiwnuri  Cciini.r(mil«e,  <. 
/•jn./wd  ,Viiul<in.—\  master  »ui>jii-t  In  Its  day,  (.^;  cave 
ri-e  to  gravii  qucfitions,  (W;  iK'.«lgn>(l  (w  a  popular  iinivi- 
mint  to  turn  the  tlilu  running  against  Ad.iiii.s  M;  the 
t'iinifTe!«  at  rununui,  C5;  dtbalo  In  tho  Siuiite  on  the 
nomlnatiiin  of  iiiinl>tiT«,  C5  ;  Invited  by  tho  South 
American  Stiites  to  send  deputies,  fii ;  motion  to  debate 
the  question  with  o|]en  doors,  05 ;  reference  to  tho  I'resi- 
dent,  05;  his  answer,  05;  Indignation  of  the  Senate,  Wi; 
iMiniination?  confiniKil,  CO;  patri>na>;e  distributed  to  ad* 
veeates  of  tho  me.isiiro,  CO;  tho  ba-nia  of  tho  ngreoinent 
f.T  tho  Congress,  the  existing  state  of  war  between  all 
the  new  States  and  the  mother  country,  6fl ;  Its  object,  6(1 ; 
robtlons  of  tho  United  Stiitos,  CO;  message  of  the  I'resi- 
ilt-nt  relative  to  objects  of  tho  Congress,  07;  the  Monroe 
doctrine,  67 ;  extract  from  Adams'  message  respecting 
l;,  07;  entirely  conllned  to  our  own  borders,  67;  other 
objects— advancement  of  religious  liberty,  07;  proofs  of 
our  good  will,  67 ;  rofcrenco  of  the  message,  07 ;  adverse 
report,  07 ;  e.tpresslvo  of  the  democratic  doctrines  of  the 
day,  67;  its  general  principle  that  of  good-will  and  friend- 
ship, but  no  entangling  alliances,  63 ;  remarks  of  commit- 
tee on  religious  freedom,  OS;  tlielr  views  on  the  Monroe 
doctrine,  63 ;  our  present  unconnected  and  friendly  posi- 
tion regarded  as  most  beneflcial  to  tho  republics,  69 ;  tho 
advantages  of  friendly  relations  without  entangling  alli- 
ances, 69 ;  right  of  tho  Tresldent  to  Instltiito  the  ndsslon, 
69;  rel.ttlons  with  llaytl,  on  what  principle  established, 
69 ;  excitement  produced  by  tho  proposed  mission,  09. 
Paper  road  to  the  ciibinct  by  General  Jackson  relative  to 

tho  removal  of  tho  public  deposits,  876. 
Palronage,  Executive,  reduction  o/C— Committee  appointed 
to  report  on  tho  expediency  of  reducing,  80;  the  com- 
mittee, SO;  report,  SO;  the  six  bills  reported,  80;  extract 
ftom   tho   report,  80  ;    "  grounds  of  the  committee's 
opinion,  80;  multiply  the  guards  against  the  abuse  of 
power,  81 ;  tho  extent  of  patronage,"  81 ;   subsequent 
Increase  of  patronage,  81 ;  remarks  on  the  bills  reported, 
81,  82. 
Pabkott,  Jons  F.,  votes  for  tho  Missouri  Compromise,  8. 
I  Piiscc,  Franklin,  on  abolition  petitions,  015. 
PixcKNET,  CiiARi-ES,  Representative  from  South  Carolina,  7. 
I  PisKNET,  William,  Senator  from  Maryland,  7  ;  negotiates 
the  treaty  of  1807, 1 ;  votes  for  the  Missouri  Compromise, 
8 ;  decease,  19 ;  rank  as  an  orator,  19 ;  speeches,  19 ;  on  the 
Missouri  controversy,  19;  abilities,  20;  manner  In  which 
Eandolph  announces  his  death,  20 ;  character,  20. 
I  Pleasants,  James,  Senator  from  Virginia,  7;  governor  7; 

votes  for  the  Missouri  Compromise,  8. 
[PoixDEXTEB,  George,  against  Van  Buren  as  Minister  to 

England,  215;  on  tho  protest  of  General  Jackson,  427. 
I  Pole,  James  K.,  on  the  non-payment  of  tho  three  per  cents., 
2?9;  on  continuing  the  deposits  In  the  bank,  289;  chosen 
Speaker  of  the  House,  669. 
Omidenlial  election  of  1824.— The  cnndhlates,  44 ;  how- 
brought  forward,  44  ;  number  of  electoral  votes,  44  ; 
vote  for  each,  44 ;  candidates  for  the  Vice  rregldency, 
45 ;  vote,  4.5. 

In  the  House. — Tho  theory  and  practical  workli.g  of 
the  constitution  in  tho  election  of  President  and  Vice- 
President,  46 ;  first  election  in  the  House  that  of  Jeffer- 
son and  Burr,  46;  ballotlngs,  47 ;  effect  on  the  constitu- 
tion, 47;  second  election  In  tho  House  that  of  1824,  47; 
proceedings,  47 ;  tho  democratic  principle  finally  victo- 
rious, 47;  conduct  of  certain  Individuals,  43;  Clay  ex- 
presses to  Benton  his  Intention  to  vote  for  Adams  be- 
fore the  election,  43;  letter  of  Clay  to  Benton,  43;  evi- 


dences of  CUy's  derlarmtlon,  4.S;  thia  election  put  an  end 

to  caucus  n<'ininatl<>ns  by  iiuiiiber^  of  Congress,  49,  ■ 
dilTerent  iiicHle  of  c>'iie,iiirulini:  puMie  opiiiii.u  ii.li'pled 
4'J  ;  its  ilegeueratlnn,  4'J;  tn  iirioiiiaious  tmd)  where  ih» 
election  is  now  virtiiully  n.aiie,  49;  this  tiestruetive  t< 
the  rik'hts  and  sovereignty  of  the  people,  Vi  ;  the  reiia- 
dy,  49. 
PrmiiUntiiil  tltilion  (/1>J-..— The  enipliil:>tes  111;  result 
111 ;  vote  of  the  free  Slates  fur  the  slave-hnidlru'  eaiidl 
dates,  111 ;  ehctiioi  of  .laekson  a  triiiiii|ph  of  lieiimcratii 
jirlnciple.  111;  errors  of  Muns.  <le  Ti.e.|Ue\ille,  II.'; 
charge  of  viiilent  temper  against  Juekson,  UJ;  "  medi- 
ocre talent  aud  no  capacity  to  t'overn,"  IIJ;  "oppi«eil 
by  a  majority  of  enlightenoil  ciasse.,"  ll;t;  "raised  to 
the  Presidency  solely  by  tho  neidiiution  of  the  victory 
of  New  Orleans,"  1 1.3.    .Sec  juiye  '.Ni. 

I'rmi.liiitial  election  of  IstO.— The  canclidates,  638 ; 
Vice-President  elected  by  tho  Senate,  Ov! ;  detail*, 
6S3,  6>t. 
PiiKSToN,  William  ('.,  on  French  affairs,  501. 
I'rotectkm  to  American  Industry,  orU-ln  of  the  question,  .3. 
I'rotevtiie  SijKtim.—l'hn  periodical  reason  for  Its  discussion, 
205 ;  tho  session  most  prolidc  of  party  topics  a:i  1  party 
contests  of  any  ever  known,  200;  tho  reason, '.'('.(J;  the 
subjects,  200;  tho  bank  and  tariff  two  heading  meas- 
ures, 200 ;  i)roposal  of  the  Prcfldenfs  message,  200 ;  the 
liroposition  of  Mr.  Clay,  200;  tho  seven  years  before  the 
Tariff  and  the  seven  years  after,  200 ;  the  one,  calamity ; 
the  other,  prosperity,  200;  remarks,  200;  tho  seven 
years  of  caluinity  Immediately  followed  the  establish- 
ment of  tho  bank,  200 ;  protection  an  Incident  before 
1810,  afterwards  an  object,  267;  origin  and  progress  ol 
the  protective  pcdicy,  207. 

"  It  began  on  the  4th  of  July,  17s9.  The  second  act 
on  the  statute  book,  207;  prosjierlty  consequent  on  the 
French  revolution,  267 ;  state  of  things  after  tho  peace 
In  1815,207;  subject  again  brought  up  In  1S20,  267; 
summary  of  the  policy,"  267. 

Other  speakers  In  favor  of  tho  policy,  20s;  those 
against  it,  i(f>\  bearing  of  tho  question  on  the  harmony 
and  the  stability  of  tho  Union.  209. 

A  crisis  arrived,  208  ;  dl*«atisfaction  of  all  the  South, 
208;  objects  of  tho  IJevolution,  208;  munufacturera 
should  be  supported  Incidentally,  2flS. 

"This  system  an  overruling  neces.sity,  209 ;  the  dan- 
ger to  Its  existence  lies  In  tho  abandonment,  anil  not  in 
the  continuance  of  tho  American  system,  209;  great 
excitement  In  South  Carolina,  209;  tho  Union  necessary 
to  tho  whole  and  to  all  Its  parts,  269  ;  the  nuijority  must 
govern,  209;  can  it  be  believed  that  two-thirds  of  tho 
people  would  consent  to  the  destruction  of  a  pulley  'le- 
lleved  to  be  indispensably  necessary  to  their  prosperity  V 
209. 

An  appalling  picture  dissolution  of  tho  Union  present- 
ed on  either  hand,  270 ;  formerdeslgns  of  bringing  Jack- 
son forward  for  the  Presidency,  270;  views  entertained 
in  South  Carolina,  270;  views  of  tho  Democratic  party^ 
270;  "cannot  feel  Indifferent  to  the  sufferings  of  any 
portion  of  tho  American  people,  270 ;  what  Is  tlio  cause 
of  Southern  distress?  271;  other  causea  which  exist," 
271;  tho  levy  and  expenditure  of  the  federal  govern- 
ment the  cause  of  Southern  decadence,  271 ;  expor- 
tation of  American  manufactures,  272 ;  this  fact  urged 
to  show  tho  excellonco  of  American  fibric",  and  that 
they  are  worthy  of  protection,  i"2 ;  also  urged  to  show 
their  Independence  of  protection,  272  ;  "  .\merlcan  cot- 
tons now  traverse  the  one-half  of  the  circumference  of 
the  globe,  272;  effect  of  these  duties  to  create  monopo- 
lies at  home,  272;  the  Custom  House  returns,"  272 ;  the 


i:x 


I.VDEX  TO  VOL.  I. 


tiriMlK'rity  attributed  to  the  Tiiriirs  of  1S24  snd  1S2«. 
'JTii  real  Ottunc  of  the  ri'vlvfd  [ircmiKTlty,  278;  remarks 
iiW;  (May'n  rorniirks  on  his  own  fallinf;  powem  an<l  a'l- 
vancL-d  aK<'i278;  coiii|iliim-nti<  on  his  reuiarks,  2*!<;  npnr- 
ring  tetnccn  Ocn.  Mniltli  and  Mr.  Clay  on  the  a/u  of 
the  latter,  2T'<,  274;  the  neriousnosn  of  .Southern  rcaltt- 
nnc'«  to  the  Tariff.  274;  an  appenl  to  all  to  meet  the 
Houth  In  a  spirit  of  conrlliation,  271. 

rrjte.it  of  Gen.  .Jaekiion  on  the  vote  of  ccnstiro  In  the  Sen- 
ate, 425. 

Vvhlie  (lintre*!.— From  the  moment  of  tho  removal  of  the 
deiioaltR,  the  plan  uf  the  bank  was  to  force  thuir  return, 
and  with  It  a  renewal  of  Its  charter,  by  opcratln;;  on 
the  bnxincsa  of  tho  country  and  the  alarms  of  the  peo- 
ple, 415;  course  to  bo  pursued,  415;  flrst  step  to  get  up 
distress  ine<  ilnjra,  415;  meR-.orial  sent  to  Confess,  415; 
sjiecchcs  on  their  presentation.,  415;  remarks  of  Mr.  Ty- 
ler on  presenting  a  memorial  from  Virginia,  410;  do.  of 
Mr.  Kobbins  on  presenting  a  memorial,  416;  do.  of  Mr. 
Webster  on  presenting  a  memorial,  41T,  418,  419;  do.  of 
Mr,  Southard  on  presenting  a  memorial,  417;  do.  of  Mr. 
Clay  on  presenting  a  memorial,  418 ;  do.  of  Mr.  Kent  on 
presenting  a  memorial,  418;  Clay's  apostrophe  to  the 
Vice  President,  charging  htm  with  a  message  of  prayer 
and  supplication  to  the  President,  420;  the  Vice  Pres- 
ident takes  a  pinch  of  Mr.  Clay's  snuff,  420;  resolution 
of  a  public  meeting  relative  to  the  message  to  bo  con- 
veyed by  the  Vice  President,  420. 

All  this  Is  a  repetition  of  what  was  heard  In  1811,  421 ; 
extracts  from  Debates  of  Congress,  421 ;  the  two  dis- 
tresses proved  the  same  thing,  421 ;  agitation  and  com- 
motion in  the  large  cities,  421;  gaining  a  municipal 
election  In  New  York,  421 ;  extracts  relative  to  every- 
day occurrences,  421 ;  amounts  of  money  expended, 
422. 

Report  of  the  Secretary  of  the  Treasury  on  the  Fi- 
nances, 462;  call  made  at  the  height  of  the  panic,  462; 
showed  an  Increase  In  every  branch  of  the  revenue,  in- 
stead of  a  decline,  462;  test  of  tho  prosperity  of  the 
United  States,  462 ;  the  distress  confined  to  the  vtctimg 
of  tho  Bank,  or  fictitious  and  artificial,  462 ;  attempt  to 
quietly  put  tho  report  aside,  462;  preparation  made  to 
defeat  this  move,  462;  tho  entire  reading  demanded, 
4G2;  speech  of  Mr.  Benton  on  Its  conclusion,  462;  the 
speech,  462 ;  "  assertions  and  predictions  nnder  which 
the  call  bad  been  made,  462 ;  a  report  to  make  the  pa- 
triot's heart  rejoice,  463 ;  It  had  been  called  for  to  be  given 
to  the  people,  and  the  people  should  have  it,  468;  the 
statements  of  the  report  examined,  463 ;  evidence  of 
commercial  prosperity,  404;  Increased  Imports,  increased 
shipping,  increased  sales  of  public  lands,  464;  it  has  been 
paid  that  trade  is  paralyzed,  405 ;  the  odium  of  all  tbu 
distress  fails  on  the  bank,  405;  tho  prosperity  of  the 
country,  466;  recapitulation  ot  the  evidences,  467 ;  the 
alarm  is  over,  the  people  are  tired  of  it,  407 ;  the  spectre 
of  distress  could  never  be  made  to  cross  the  Mississippi, 
467;  the  bank  is  now  a  nuisance,"  463;  report  laid  on 
the  taJ)Io  and  printed,  409.  ^<!e  Tari^. 
^uhlic  Lund  Dehtora. — Tho  credit  system  tncn  prevailed, 
1 1 ;  debt  for  lands  sold  to  the  Government,  12 ;  situation 
of  the  public  land  debtors,  12;  system  on  which  tho 
I.tnds  were  sold,  12 ;  subject  referred  to  In  tho  President's 
message,  X2;  tho  measure  of  relief  devised,  12;  the  cash 
system  and  reduced  price  adopted,  12;  the  pre-emption 
ri;:ht  Introduced,  12;  opposed,  12;  carried,  12;  tho 
graduation  principle  pressed,  12. 

t'HiiUc  /.(»7irf».— Burke's  bill  for  the  sale  of  the  Crown  lands 
presented  In  tho  British  House  of  Commons,  102;  its 
s]'|iU'.'hUuj)  to.this  country,  102;  his  remarks,  1U2;  sales 


of  land  by  a  government  to  Iti  ciilzeni  a  fiUo  jk.),,, 
102;  movements  to  obtain  a  gradiiatiim  nf  iiri<  r>  ;,l| 
recommendation  of  Jackson's  ini«»a?i',  lui;  the  rcvioi, 
derived  from  the  sale  of  lands  a  trifle  c'im|>:ir<'d  nith  t! 
revenue  derivable  from  tho  samo  lamls  tliroiiuh  Mt>. 
ment  and  cultivation,  103;  sale  of  land  Iprln,-!!  n<i  tk..,-, 
intlon,  cultivation  produces  population,  liKl;  rciiiRrks  n 
favor  of  donation  of  lands,  IU3;  r.\auiple  of  ilie  .Ulai.'i,. 
states  In  liavor  of  donations,  104;  retuark.n  niralnst  i|i, 
ret<ervatii>n  of  saline  and  mineral  lands,  101;  tli,-je  ij,,,], 
sold  In  Missouri,  105;  system  of  renting' mines  nbnli^|l,ll 
105;  case  of  "Granny  White,"  105;  the  exiini|p|o  of  ,;! 
nations  In  favor  of  giving  land,  106  ;  proclaiiiaticin  of  t!.« 
King  of  Persia  in  1S28, 106 ;  Wiistcrn  States  aufTcror!. ',/ 
this  land  policy,  106;  change  In  public  sentiment,  lnr. 

A  proposition  to  inquire  Into  the  cxpedieney  of  limit. 
Inp  tho  sales  of  land  to  those  In  market— to  sll^pcnJ  tl.e 
surveys,  Ac.,  130 ;  "a  proposition  that  would  check  ciiil. 
gration  to  the  new  States  of  the  AVest,  130;  limit  sell!,.. 
menfs,  130 ;  deliver  up  large  portions  to  the  ilominlon  c.( 
wild  beast.'*,  131 ;  remove  the  land  record.s,  131 ;  ncvir 
right  to  Inquire  Into  tho  expediency  of  doing  wrons.l.ji' 
Inquiry  is  to  do  wrong,"  131;  charge  upon  the  Ku.<t  nf 
Intending  to  check  the  growth  of  the  West,  1.32;  hlsturv 
of  the  first  ordinance  for  the  sale  and  survey,  15i;  J, 
make  clean  work  is  like  requiring  your  guest  to  cat  all 
the  bones  before  he  should  have  more  meat,  132;  l!,c 
propriety  of  selling  at  auction  prices  and  at  an  arbitrary 
minimum  for  all  qualities,  132;  system  adopted  byi;i 
nations,  133 ;  tho  British  and  Spanish  colonies  fo-tcn  I 
nnder  (i  very  different  system,  183 ;  indcllQlto  postpoiic- 
ment  moved,  183. 

Dintribution  to  the  Staten.—hm  to  reduce  the  [irlce 
ordered  to  a  third  rendlng,*275 ;  pre-emption  ostablisho.l, 
275;  plan  to  distribute  tho  proceeds  reported,  275 ;  ro- 
I>ort,275;  " inexpedient  to  reduce  the  price,  or  tocc'.o 
the  lands  to  tho  States,  275;  sound  policy  enjoins  iLe 
preservation  of  the  existing  system,  S7S;  govcrnnicnli 
no  more  than  individuals,  should  bo  intoxicated  by  picv. 
perity,  275;  should  husband  their  resources,  276;  tie 
proposal  to  divide  the  proceeds  among  the  States,  276;  s 
bill  for  this  purpose  reported,"  270. 

Impropriety  of  originating  sucli  ■  bill  In  a  Committtii 
of  Manufactures^  870;  referred  to  the  Committco  i>n 
Public  Lands,  270;  a  connter  report,  270;  "this  view 
fundamentally  erroneous,  270 ;  the  Committee  on  Manu- 
factures regard  the  Federal  domain  merely  as  an  nbjoct 
of  revenue,  270;  quotation  from  the  speech  of  Bnrko, 
270;  these  sentiments  the  inspiration  of  political  vir 
dom,  277;  expectations  from  the  public  lands,  277;  re. 
suit  of  an  experiment  of  ucar  fifty  years,  277;  the  bill  to 
divide  the  proceeds  is  wholly  Inadmissible  in  princlile 
and  erroneous  in  Its  details,  277;  it  proposes  to  chtx 
injuriously  and  fatally  for  the  new  States  too  character 
of  their  relation  to  tho  Federal  Government  on  tlils  sub- 
ject, 277 ;  its  effects,  277 ;  the  details  of  the  bill  arc  pr^. 
nantwith  injnstico  and  unsound  policy,  273;  ItniaUs 
no  distinction  between  those  States  which  did  or  did  n^  t 
make  cessions  of  their  vacant  land  to  the  Federal  Guv- 
ernmcnt,  27S ;  it  proposes  benefits  to  some  States  w!ii  h 
they  cannot  receive  without  dishonor  nor  refuse  wii!;. 
out  pecuniary  prejudice,  278;  these  lands  were  grantu! 
to  pay  the  debts  of  the  lievolutionary  War,  273;  otter 
objections,  278;  postponed  in  the  House,  279. 

Dlntrihntion  of  proefeds.—R\\\  renewed,  a62;  »r 
gumcnts  In  Its  favor,  802 ;  provisions  of  the  bill,  *'.': 
advantiiges  of  settling  the  question  and  disposing  of  iLt 
public  lands,  868;  revenue  from  sales  consld"red,  8W, 

A  measure  dangerous  In  itself  and  uncoiistltutii'c.->! 


INDEX  TO  Vf>r..  I. 


XV 


imrnt  to  Iti  ciiizcai  t  fiUo  im.Ik^ 
I  (ibtnin  a  trrnduatinn  (if  |irl<i>,  ;.ii 
Mnokson'.H  mi«»iizi'.  111);  thu  rfviDi;„ 
ilo  of  IhikIs  a  trillc-  cfitnpurcil  «ltli  i!  „ 
from  tho  »nine  lomls  tliriiui:!i  iu  u;,.. 
m,  lO-'l;  Kill!  of  land  1irin.;»  irn  [k.;,-, 
iroducfs  p<i[iulatlon,  liri;  reinarku  :n 
if  lanils,  1U8 ;  exnuipli'  of  tlje  Atlar,-!.; 
(loimllons,  104;  roruarks  iiiriiliidt  t|., 
c  and  mineral  lands,  101;  thi'.ic  laii<li 
15;  system  of  rcntin;;  mines  nb•lli^llH|, 
uny  Wlilte,"  ]()5;  the  exam |.lo  (if  a.| 
irlvInK  land,  106  ;  proclnumtidn  nft!.* 
S28, 106 ;  W'c'Stern  States  sufTerc r>  >./ 
iO;  change  In  public  sentiment,  In;. 
inquire  Into  the  cxpodlenoy  of  limit. 
d  to  tlioso  In  market— to  suspend  tU 
"a  proposition  that  would  check  en;!- 
States  of  the  West,  130;  limit  sell!.- 
sr  up  largo  portions  to  the  ildminUm •( 
remove  tho  land  records,  1:M  ;  ni'v.r 
to  tho  expediency  of  doing  wronc,  lol ; 
vrong,"  lai ;  charge  upon  the  Kast  nf 
i  tho  growth  of  the  West,  132;  hlstury 
ince  for  the  sale  and  survey,  lOi;  vi 
is  like  requiring  your  guest  to  cat  a'.l 
he  should  have  more  meat,  13-2;  the 
ig  at  aaction  prices  and  at  an  arbitrary 
qualities,  182 ;  system  adopted  by  ill 
British  and  Spanish  colonies  fo-tcrv  I  I 
ircDt  system,  133 ;  indcftutto  postiionc 

0  the  StaUil. — Bill  to  reduce  the  iirice 
Ireading,*2i5;  pre-emption  cstablishcil, 
ribute  tho  proceeds  reported,  275 ;  re- 
)cdicDt  to  reduce  the  price,  or  to  cc'.o 

Btotcs,275;  sound  policy  enjoins  tlie 
ho  existing  system,  276;  governmenti 
llvlduals,  should  be  Intoxicated  by  pros- 
lid  husband  their  resources,  276;  the 
i  the  proceeds  among  tho  States,  S;));  > 
)se  reported,"  270. 

'originating  such  •  bill  In  a  Commltleo 
',  276;  referred  to  the  Committee  im 
0;  a  counter  report,  276;  "this  view 
Toneous,  276 ;  the  Committee  on  Mann- 
lie  Federal  domain  merely  as  an  olijott 

quotation  from  the  speech  of  Burke, 
mcnta  the  inspiration  of  politi(Ml  ui-- 
tations  from  the  public  lands,  277;  re- 
ment  of  ucar  fifty  ycors,  277 ;  the  bill  t.i 
eds  is  wholly  Inadmissible  in  princiile 

1  Its  details,  277 ;  it  proposes  to  chmx 
atally  for  the  now  States  tno  choracur 
to  the  Federal  Government  on  this  suh- 
•cts,  277 ;  the  details  of  the  bill  are  pri-;- 
tlco  and  unsound  policy,  47S;  ItniaUi 
jtwcen  those  States  which  did  or  did  in  t 
t  their  vacant  land  to  the  Federal  Gov- 
;  proposes  boneflta  to  some  States  whloli 
cive  without  dishonor  nor  refuse  with- 
rejudlcc,  278;  these  lands  were  gninlod 
)  of  the  Revolutionary  War,  2T3;  otlift 

postponed  In  the  House,  279. 
of  procfeds.—'RlM  renewed,   «62;jr 
favor,  802;   provisions  of  the  bill,*''i; 
ittling  tho  question  and  disposing  of  tin 
5;  revenue  from  sales  considered,  8W. 
anirerous  In  Itself  and  unconstitutionsl 


IM;  bill  pomed  th«  t<enato.  M4;  pused  In  the  Houm 
with  amendments,  864;  Senate  concur  on  the  la.it  nl;.'ht 
of  the  session,  864;  retaine<l  by  the  President,  864:  re*- 
rem,  8M;  dennnrlations  of  tlie  I'rcM,  86,1;  next  sesshm 
hill  returned  with  dbjoetions,  8<W ;  "  first  principles  of 
the  wh(de  subjert,  S6!i ;  tho  praetlee  of  the  Government, 
W'.'i;  an  entire  subversion  of  ono  of  the  compacts  by 
whleh  the  United  States  became  possessed  of  the  West- 
ern domain,  866 ;  these  ancient  compacts  are  Invaluable 
niiinumrnts  of  an  age  of  patriotism  and  virtue,  806; 
other  principles  Inserted  in  tho  bill,  866;  the  objcrt  to 
create  a  surplus  for  distribution,  807 ;  a  more  direct  rond 
to  consolidation  cannot  be  devised,  367 ;  dinicult  to  pi'r- 
ceivewhat  advantages  will  accrue  to  the  States,  H6>i; 
the  true  policy  Is  that  the  public  lands  shall  cease  as 
soon  as  practicable  to  bo  a  source  of  revenue.  86.S ;  state- 
ment of  revenues  derived  from  tho  public  lands,"  868 ; 
remarks  on  this  veto  message,  369. 


R 


I  CiBooiPH,  Joiiy,  Representative  ft-om  Virginia,  7;  opposes 
Clay  on  the  Missouri  question,  10;  decease  of,  478;  place 
of  his  death,  473;  his  career,  478;  how  ho  should  be 
Judged,  478 ;  never  enjoyed  a  day  of  perfect  health,  473 ; 
insanity  at  periods,  478;  conversation  on  that  point, 
474;  his  parliamentary  life,  474;  friendship  with  Macon, 
474;  disposition,  474 ;  feelings  on  slavery,  474;  as  a  duel- 
list, 475;  religions  sentiment,  475. 

I  ftdlef,  Mr.  WehgUr'i  plan  o/— Renewal  nf  the  charter  of 
tho  bank  for  six  years,  488 ;  to  give  up  the  exclusive  or 
monopoly  feature,  483;  further  particulars,  483;  leave 
asked  to  bring  in  the  bill,  433;  opposition  fVom  Clay  and 
Calhoun,  483;  reastms  for  Calhoun's  position,  484;  his 
object  to  "unbank  the  banks,"  484;  remarks,  4»1;  ulti- 
mate object  to  arrive  at  a  motalllc  currency,  485 ;  this  an 
object  of  the  administration,  485;  conversations  among 
Senators,  435 ;  motion  for  leave  to  bring  In  a  bill  laid  on 
the  tabic,  435 ;  excuse  for  this  movement,  486. 

No  previous  opportunity  to  show  the  people  the  kind 
of  currency  they  were  entitled  to  possess,  486;  the  Gov- 
ernment intendod  to  be  a  hard  money  Government, 
486;  evidences  on  this  point,  437,433;  tho  quantity  of 
specie  derivable  from  "irclgn  commerce,  added  to  the 
quantity  of  gold  derivablo  from  our  mines,  were  fully 
sufficient  to  furnish  the  people  with  an  abundant  cir- 
culation of  gold  and  silver,  43S,  489 ;  tho  value  now  set 
upon  gold  Is  unjust  and  erroneous,  440;  these  laws  have 
expelled  it  from  circulation,  440;  nature  and  effects  of 
this  false  valuation,  441,  442,  443 ;  Intention  and  meaning 
of  tho  constitution  that  foreign  coins  should  pa.sa  cur- 
rently as  mo'  ey,  and  at  their  ftill  value,  within  the 
United  States,  444;  the  plan  presented  for  the  support 
Gf  public  credit  in  1791,  449 ;  four  points  presented,  445; 
facts,  445;  injuries  resulting  flrom  tho  exclusion  of  for- 
eign coins,  446 ;  what  reason  can  now  bn  given  for  not 
preventing  It?  447 ;  a  review  of  the  present  condition  of 
the  statute  currency  of  the  United  States,  443;  three 
distinct  objections  to  the  Bank  of  tho  United  States  as  a 
regulator  of  the  currency,  449 ;  a  power  that  bejongs  to 
tho  Government,  449;  it  cannot  be  delegated,  449;  it 
ought  not  to  bo  delegated  to  any  bank,  450 ;  dtlTers  (Vom 
Mr,  Calhoun  in  the  capacity  of  the  bank  to  supply  a 
general  currency.  451,462;  circulation  of  the  bank  In 
.i>33, 453;  objections  to  prolonging  the  existence  of  the 
present  bank,  454 ;  the  conduct  of  tho  present  bank, 
454;  that  of  the  first  bonk,  455;  the  spirit  which  seems 
to  have  broken  out  against  the  State  bonks  deprecated,  [ 


4T<C;  a  »in«i'  paper  rirculalldn  one  of  the  greatot  prle>-. 
•ones  that  can  BtHlrt  a  roimniinlty,  4.^7;  restoratl.m  m 
the  iri'ld  onrrf ney  hai  preat  Ii;l1i:cnie  In  p(ittlng  Jowa 
a  small  note  circulation,  4.'w.     .v.-  I'ulli-  Dintrtiu. 

RemornU  fi;,m  rjJfTci-.- Krror  (if  lie  T.K'.iuevllle,  1,10;  M» 
statement,  I,W;  ca-se  of  Ad.'mi.i'  ailiiilni-l ration.  I.Vt; 
no  distinct  (larty  lines,  l,'i9;  nn  e;i.-.' preseiitid  to  l.iiii 
f.ir  pdlltleal  removal,  liiO;  so  In  the  iiiiln  with  .liicksdii, 
160;  extent  of  removals  by  hini,  liVi;  bis  el.-etlon  4 
chang..  of  partit\s  160;  he  f..|l(iwid  tlie  exainpio  of.Ief 
ferson,  160;  the  elrrumstanees  dlMelTer-on,  liU);  tho  four 
years'  limitation  law  not  then  in  fiirce,  101 ;  fiindamenlal 
principle,  161;  his  letter  to  Miinroe,  161;  (Id.  to  Gov- 
ernor Giles  on  removals,  161 ;  do.  to  r.llirldiru  Gerry,  101 ; 
do.  to  Mr.  Lincoln,  161 ;  .TelTersdn's  law  of  removals,  101 ; 
Bald  ho  had  never  done  Justice  to  bis  own  party  In  this 
respect,  102;  clamor  against  Jack.son,  102;  tho  praetieo 
of  removals  for  opinion'  sake  beoomlns  too  conmion,  162 ; 
description  of  MiicauLiy,  162;  tho  evil  become  worso 
since  the  time  of  De  Tocquevllle,  liW;  an  evil  in  our 
country,  162;  Jefferson's  rule  affords  tho  remedy,  102; 
remarks  upon  it,  103. 

Report  of  Government  Bank  Directors,  374. 

Btiolutionn  of  Webster  relative  to  the  CompromLse,  SI7; 
relative  to  the  report  of  tho  Secretary  of  the  Treasury 
on  the  removal  of  tho  public  deposit,",  Ac  ,  394,  893, 

RiiCA,  John,  liopresentatlve  from  Tennessee,  7. 

Jiitera  <iml  //urfcor*.— Internal  Improvement  of,  how  based, 
4 ;  how  restricted,  4- 

RiVES,  Wn.i.UM  C,  on  tho  mear.lnff  of  tho  Virginia  resolu- 
tions, 837;  on  the  independence  of  Texas,  66S, 

Roberto,  Jonatuan,  votes  for  the  X  .«ourl  Compromise, 
8L 

RonERTSoy,  George,  Representative  from  Kentucky,  7. 

Rowan,  John,  on  revision  of  the  tarllf,  95. 

Rush,  Riciiari),  Secretary  of  the  Treasury,  65;  negotlatoi 
for  joint  occupancy  of  Oregon,  109. 

S 

Salt  Tacp,  repeal  o/.—TMs  lax  an  odious  measure,  143; 
fluctuations  In  the  ta.v,  143;  efforts  to  repeal  It,  143; 
"the  English  salt  tax  and  manner  of  its  repeal,  144 ;  the 
enormous  amount  of  tho  tax,  144;  contrary  to  every 
principle  of  taxation,  144 ;  tho  distribution  of  this  tax 
on  different  sections  of  the  ITnion,  144;  tho  Northwest, 
144;  the  South,  146;  the  West,  145;  provision  curers 
and  exporters  were  entitled  to  the  same  bounty  and  al- 
lowance with  exporters  of  flsh,  145 ;  the  provision  trade 
of  tho  West,  145;  the  repeal  of  tho  salt  duty  tho  greatest 
favor  to  this  trade,  146 ;  tho  domestic  manufacture  haa 
enjoyed  all  possible  protection,  140 ;  time  enough  been 
had  for  tho  trial,  140 ;  the  American  system  without  a 
gross  departure  from  its  principles  could  not  cover  thi* 
duty  any  longer,  146;  every  argument  that  conld  ba 
nsed  hero  bad  been  used  In  Kn^'land  in  vain,  147;  the 
petition  of  the  British  manufacturer.'-,  147;  effect  uf  an 
era  of  free  trade  in  salt,"  117. 

This  tax  a  curso,  154;  a  mystery  in  salt,  1.M;  bill  to 
abolish  offered,  155;  tho  fisheries,  l.'iS;  "tho  tax  on 
alum  salt,  the  foundation  of  all  these  bounties,  l.V) ;  dif- 
ferent acts  of  Congress  reeite(l.  15."i,  156 ;  reasons  for 
abolishing  the  duty  on  alum  salt.  1'A ;  an  article  of  in* 
dispensable  necessity  to  tho  provision  trade  of  the 
United  States,  166;  no  salt  of  the  kind  made  In  the 
United  States,  166 ;  the  duty  enormous  and  quadruples 
the  price,  150;  It  is  unequal  in  its  operation,  l.V!;  menus 
of  drawing  an  undue  amount  of  money  IVom  tho  public 
treasury,  157;  a  i)raetlcal  viohtlon  of  ono  of  the  moat 


txli 


INDEX  TO  VOL.  1. 


equlutlu  claiiiM'!!  in  the  Ciitittltutlon  of  tie  UntUiil 
Htatcs,  l&T ;  it  now  rcsU  on  a  fiilse  buU,  157 ;  Ita  Tvpeul 
u  ill  nut  tiiatcrinlly  diiiilulali  tlio  revenue  Dor  delay  the 
extlDKuinlinii'iit  ul'  the  public  debt,  l&T ;  't  belongs  to  an 
uuhiijipy  period  In  the  rnstory  of  the  government,"  l-'iT. 
Auiiiuut  paid  by  it  into  the  treasury,  TU;  quantity 
imported,  714 ;  Ita  iin|M>rt  from  Knglond,  715;  effect  of 
the  tux,  710;  Hh  direct  Injuries,  71tt;  the  burdens  »p- 
|M*ur  in  the  most  oilious  light,  716;  testimony  of  I)r, 
Young,  717. 

BANroui),  Natiiax,  Senator  Oom  New  York,  7;  candidate 
fur  Vice  rresidency  in  1824,  4& 

BcoTT,  John,  Deieguto  from  Missouri,  S  ;  presents  the  appli- 
cation of  iMIssouri  for  admission  Into  the  Union,  9. 

Se<il  of  Colonel  JUnlon,  origin  of  it,  77. 

Hectnaion  of  a  State— origin  of  the  doctrine,  4;  Senate  in 
favor,  84 ;  do.  against,  S4. 

tiSBOEANT,  John,  liepreseutative  from  Pennsylvania,  7;  on 
the  committee  to  whom  was  referred  the  application  of 
Missouri,  9;  nominated  minister  to  Panama,  6C ;  renom- 
inated for  the  Vice  Presidency,  282 ;  candldaie  fur  the 
Vice  Presidency,  2S2. 

Setieb,  A.MHBOSK  II.,  on  tbo  cession  of  the  public  lands,  709. 

SuAW,  II.,  Kcpresentative  from  Massachusetts,  V;  votes  fur 
the  admission  of  Missouri,  9 ;  coadjutor  with  Clay  on 
the  Missouri  question,  10. 

Sierra  Leone,  origin  of  the  colony  of,  8S. 

BiLSHEE,  Nathaniel,  Ilepresentatlve  f^om  Massachusetts, 
T. 

Slavea  deported,  BrltUh  IiidemnUy  /br.— Controversy  re- 
specting slaves  carried  olf  in  the  war  of  1812  concluded 
In  1S27,  8S;  similar  controversy  under  the  treaty  of 
17S8, 88 ;  origin  of  the  colony  of  Sierra  Leone,  88 ;  subject 
referred  to  the  Emperor  Alexander,  83;  arbitrament 
disputed,  8S;  payment  made,  SS;  statement  of  the  case, 
8S ;  the  reference,  89 ;  views,  89 ;  the  third  treaty,  89 ; 
the  payment,  90 ;  tbo  c.\ample,  90 ;  question  of  restitu- 
tion arising  under  the  Kevolutlonary  war,  90 ;  number 
carried  off,  90 ;  the  commissioners  at  Ghent,  91 ;  French 
spoliation  claim,  91 ;  contrast  with  the  claim  for  de- 
ported slaves,  91 ;  proof  that  Northern  men  will  ("iO  Jus- 
tice to  the  South,  91. 

Blattry,  effect  of  iu  txiatence  or  non-easutence  on  different 
States. — "  The  ghost  of  tbo  Missouri  question,  180 ;  the 
line  drawn  between  the  free  State  of  Ohio  and  the  slave 
State  of  Kentucky,  130;  views  of  leading  men  North 
and  South  Indispntibly  the  same  in  the  earlier  periods 
of  our  government,  130;  the  sublime  morality  of  those 
who  cannot  bear  the  abstract  contemplation  of  slavery  a 
thousand  miles  off,  136 ;  the  morality  of  the  primitive 
Christians,"  130 ;  conduct  of  the  Free  States  at  the  first 
Introduction  of  the  slavery  topic  into  Congress,  187; 
further  remarks,  133. 

Slavery  in  Vie  Dittnct  of  Columhia,  Abolition  of, — Memo- 
riol  of  Society  of  Friends  In  Pennsylvania,  676;  source 
whence  the  memorial  emanated,  576;  previous  proceed- 
ings on  these  memorials,  676;  motion  to  reject  when 
presented  fur  reception,  570 ;  this  point  the  origin  of  a 
long  and  acrimonious  war  iu  the  two  Houses  of  Con- 
gress, 576 ;  reception  and  condemnation  would  quiet  the 
question,  676;  moved  to  postpone,  577;  remarks  of 
Senator  Benton,  577 ;  "  character  of  the  petitioners,  677 ; 
the  abolitionists,  677 ;  publications  and  prints,  677 ;  in- 
tended to  inflame  the  passions  of  slaves,  677 ;  cause  of 
the  massacre  of  San  Domingo,  577;  conrse  of  the  French 
Dociety,  57S;  the  conspiracy  in  Louisiana,  678;  these 
societies  had  already  perpetrated  more  mischief  than 
the  Joint  remainder  of  all  their  lives  spent  In  prayers  of 
contrition  and  works  of  retribution,  could  e%-er  atone 


for,  679 ;  the  conduct  of  the  great  bo<ly  of  lli*  |„„pi,  ^ 
the  free  SUtea,  679 ;  object  la  to  give  that  vut„  »(,„.}, 
will  have  the  greatest  elTect  in  putting  down  tlK««.,. 
clet  at,  679 ;  past  action  of  the  Henate,"  679. 

SUirery  U{iittition.—'V\u\e  of  iU  rise,  6;  unceosin;?  fffurlt  to 
alarm  the  South  by  Imputations  OKuinst  tin!  Nurtli,  ..r 
unconstitutional  designs  on  the  subject  of  tIsvcrT.  ftry 
letter  of  Mr.  Madison  t.>  Mr.  Clay,  6*)9 ;  letter  to  K.N 
ward  Coles,  609;  nullillentlon  in  a  new  dingulte  (t>j- 
publications  to  alarm  the  South,  610 ;  the  "  Crislo "  cii,. 
the  subject  of  a  Southern  Convention,  610;  the  ronduci' 
of  Mr.  Calhoun,  610;    petitions   fur    the  aboiiti„[,  <^ 
slavery  in  the  district  of  Columbia,  611 ;  Caihour.'n  ro 
marks,  611;  extreme  ground  taken,  611;  his  (li)ct.-in> 
611 ;  reply  of  Mr.  Morris,  612;  Bedford  Brown  in  ttu\l 
to  Mr.  Calhoun,  612 ;  King  charges  upon  the  remark!  uf 
Calhoun  the  effect  of  Increasing  the  slavery  a^-iti>ti(>.i 
618;  Calhoun,  In  reply,  charges  that  any  otiie r  conrie 
will  divide  and  distract  the  South,  614;  remarks  of  .Mr. 
IIIU  relative  to  the  views  of  Northern  States,  014;  p«t|. 
tlons   In  the    House,  615;   remarks   of  Mr.  Franklin 
Pierce,  615;  course  of  the  Telegraph  newspaper,  CI5 
the  Herald  of  Freedom  newspaper,  616 ;  Calhonn  sendil 
a  paper  to  the  Clerk's  desk  to  be  read,  containing  an  at- 
tack upon  a  member  of  the  other  House,  61G;  apolnjr  I 
by  the  presiding  olBcer  for  permitting  it  to  be  rcaii,  I 
616;  remarks  of  Mr.  Benton  at  the  request,  and  in  de-l 
fence  of  Mr.  Pierce,  617;  the  statement  of  Mr.  Cal-| 
boun  involved  him  in  the  solecism  of  sending  fortli  in-  [ 
cendiary  publications  through  theactlonof  the8eiist>,l 
617 ;  remarks  of  Mr.  Benton  on  this  point,  617 ;  renarlij  I 
of  Mr.  King  on  the  strange  scone  of  Southern  Senators  I 
attacking  their  Northern  friends  because  they  dcfendcil  | 
the  South,  617;  increase  of  abolitionism  denied,  618; 
treatment  of  Onorge  Thompson,  618;   Airthor  atiti«.| 
ments,  619;  remarks  of  Mr.  Webster,  619;  rcftualdtl 
Mr.  Calhoun  to  vote  on  the  motion  to  reject  the  prajnl 
if  petitioners,  619;  his  remarks,  619;  an  unjustiltablr  I 
assumption,  620;  memorial  of  the  Society  of  Friendi,  I 
620;  further  remarks,  620. 

Action  of  the  House  on  abolition  petitions,  621 ;  reio-l 
lutlon  presented  by  Mr.  Pinkney,  621 ;  votes,  621 ;  ci.ni.{ 
mitteo  ordered  and  report,  621;  report  adopted,  6^1;  I 
remarks  of  Mr. 'J.  Q.  Adams  on  the  reception  of  tbest  I 
petitions,  622 ;  action  of  early  Congresses  on  this  sub-l 
ject,  623;  Madison  on  abolition  petitions,  628;  his  con- 1 
sistent  course,  623;  South,  the  point  of  danger  from  | 
slavery  agitation,  623. 

Sloan,  Jouk,  Bepresentative  from  Ohio,  T. 

SuiTH,  Bebmabd,  Bepresentatlvo  from  New  Jersey,  9;  Tot(t| 
for  the  admission  of  Missouri,  9. 

Smru,  Samiiel,  Bepresentative  fl'om  Maryland,  7;  on  thil 
committee  to  who)n  was  referred  the  api>Ucation  of  Mii-I 
souri,  9;  for  Van  Buren  as  Minister  to  England,  216;  oil 
the  British  West  India  Trade,  123;  on  the  expense  off 
government,  280;  on  the  protective  policy,  2(i8;  oatlit| 
compromise  tariff  bill,  816,  827. 

Smith,  William,  Senator  from  South  Carolina,  7;  Jadge,? 
votes  for   the    Missouri  Compromise,  8 ;    moves  lol 
be  excused  ttom  voting  on  the  measure  for  the  rt-l 
lief  of  public  land  debtors,  as  he  was  one,  12;  i;iciiii| 
refused,  12. 

Smttui,  Alezandeb,  Bepresentative  from  Virginia,  7. 

SOVTHABD,  Samuel  L.,  Senator  from  New  Jersey,  7;  Secn-I 
tary  of  the  Navy,  55;  on  the  Expunging  resolutloP,Si9;| 
on  the  independence  of  Texasi,  669. 

Speakers  in  the  House  in  favor  of  protection,  S2;  ditti 
against,  83. 

Sjitcie  OircxUar,— Ita  issne  marked  tlie  firmness,  forei 


INDEX  TO  VOL  I. 


XkM 


let  of  the  KTMt  boiljr  of  lb*  (xopUw  I 
I;  object  1»  to  give  that  vutn  wblphi 
tMt  eRt'ct  In  puttlnx'lown  tli<Mt«->,. 
ctlon  of  the  Hcimte,"  BTl*. 
ime  of  it»  rise,  6;  unceasing  elTnrli  to  I 
y  liii|iutatloDii  avulnn  tin- Nurtli,  ,.r| 
csIkhs  on  the  suljiat  of  slavery.  f>n\ 
Istjn  t.>  Mr.  Clay,  609 ;  letter  to  K.|. 
nulllllcfttlon  ln»  new  dlnifuiw,  Oi'j;l 
,rin  the  South,  610 ;  tlio  "  CrlslV  61i); 
mthern  Convention,  610;  Itio  oonduti  I 
610;  petitions  for  the  abolltloii  i,(| 
trlot  of  Columbia,  611 ;  CalUour.'s  ro 
eme  grouud  taken,  6U;  his  doctrinal 
Morris,  612 ;  Bedford  Brown  In  n\ij  I 
M ;  Klnj!  charsfes  upon  the  remarks  of  I 
;t  of  Increasing  the  slavery  BKltatibn, 
reply,  charges  that  any  other  course  I 
Istrnct  the  South,  614 ;  remarks  of  Mr. 
le  views  of  Northern  States,  flU;  pell. 
ouso,  616;  remarks  of  Mr.  Franklin 
•go  of  the  Telegraph  newspaper,  015;  I 
jedoui  newspaper,  616 ;  Calhoun  sendt 
erk's  desk  to  be  read,  containing  an  at. 
ibor  of  the  other  House,  610;  apolojy 
;  officer  for  permitting  It  to  bo  read,  I 
Mr.  Benton  at  tho  request,  and  In  it- 1 
lorcc,  61T ;  the  statement  of  Mr.  Cal- 
ilm  In  the  solecism  of  sending  forth  in- 1 
itlons  through  the  action  of  the  8en«t',  I 
Mr.  Benton  on  this  point,  61T ;  remarkj  | 
the  strange  scene  of  Southern  Senators  I 
Northern  friends  because  they  dcfendd  I 
;  Increase  of  abolitionism  denied,  618;  I 
I'oorgo  Thompson,  618;  ftirthor  state- 1 
narks  of  Mr.  Webster,  619;  refiual  otl 
vote  on  the  motion  to  reject  the  prsytrl 
119;  his  remarks,  619;  an  unjuatiflablf  I 
);  memorial  of  the  Society  of  Friemis,  I 
narks,  620.  I 

House  on  aboliUon  petitions,  621 ;  reso-l 
1  by  Mr.  PInknoy,  621 ;  votes,  621;  m\-\ 
and  report,  621;  report  adopted,  6il;l 
J.  Q.  Adams  on  the  reception  of  thea  I 
action  of  early  Congresses  on  this  sub- 1 
son  on  abolition  petitions,  628;  his  con-r 
623;  South,  the  point  of  danger  from  j 
>n,  623. 

esentatlve  ftom  Ohio,  T. 
{cpresentatlvofrom  New  Jersey,  9;  votaj 
on  of  Missouri,  9.  1 

epresentatlve  from  M»rjland,7;  on  thil 
whom  was  referred  the  opi)llcatlon  of  MU-I 
an  Buren  as  Minister  to  England,  216;  oil 
est  India  Trade,  125 ;  on  the  expenses  ofl 
80;  on  the  protective  policy,  2t)3;  oattsi 
iriff  bill,  816,821.  I 

Senator  from  South  Carolina,  7;  Judge,  i;| 
i  Missouri  Compromise,  8;  moves  wl 
rom  voting  on  the  measure  for  tho  nl 
land  debtors,  as  he  was  one,  12;  vim^ 

DKB,  Eepresentatlve  from  Virginia,  7. 
EL  L.,  Senator  from  New  Jersey,  7;  8etis-| 
ivy,  60 ;  on  the  Expunging  rcsolutlot,5is;l 
)endence  of  Texnis  669. 
House  In  favor  of  protection,  82;  (UK 

-lU  issue  marked  the  firmness,  fore 


and  ducitlon  of  Ueneral  Jackson,  676;  It*  purport,  676 ; 
ritent  of  the  land  sale*,  677 ;  remark*  on  the  evil  which 
required  the  siwclu  circular,  677 ;  bcnellts  of  (iippreM- 
log  it,  677 ;  a  view  of  the  actual  condition  of  the  paper 
currency,  67!i;  bill  which  was  the  basis  of  the  remark* 
rejected,  67:4;  President  decide*  to  Issue  the  order,  67s. 
Hi'solutlon  to  rv*clnd  the  Treasury  Circular  offered, 
694;  remarksof  Senator  Ewlng,  604;  origin  of  the  order, 
695;  its  legality,  606  ;  remarks  of  Senator  Uenton,  CO.'); 
a  little  panic  696 ;  letter  of  .Mr.  lliddle,  696 ;  Clay's  speec  b 
at  Lexington,  696;  illegality  of  the  treasury  order 
examined,  696;  the  now  distress,  697;  Mr.  Biddlo's 
description  of  It,  697 ;  movement  to  produce  a  general 
suspension  of  specie  payments,  697 ;  remarks  of  Senator 
Benton,  697 ;  reply  uf  Senator  Crittenden,  69^;  ditto  of 
Senator  Webster,  699;  other  s|icakera,  700;  subject  re- 
ferred, 700;  report,  700;  action  of  tho  Senate,  700; 
cause  of  Mr.  Benton's  speech,  700;  bis  speech  on  the 
proceedings,  701,  702;  explosion  of  tho  banks  foretold, 
103;  reply  of  Senator  Walker  to  Benton,  708, 704 ;  Mr. 
Calhoun's  reason  for  not  voting  on  the  recision  bill, 
706;  bill  passed  In  the  Senate,  706;  amendment  of  the 
House,  706;  lost,  706;  veto,  700, 

giivKNSON,  Akdbrw,  chosen  Speaker,  121 ;  elected  Speaker, 
209;  chosen  Speaker  of  the  House,  871. 

Stobbs,  Uenbt  K.,  licprcsentatlve  from  New  York,  7. 

ijTOKBS,  MoMTroBT,  Senator  from  North  Carolina,  7;  Oov- 
eruor,  7;  votes  for  tho  Missouri  Compromise,  8. 

groBY,  JosBPU,  Justice  of  Supremo  Court,  7. 

Supreme  Court,  its  Judges  and  officers,  781. 

Knirr,  Bekjauin.  onpoeos  tho  admission  of  Arkansas,  627. 


TiXBT,  RooEB  B.,  Attorney  General,  181 :  nomination  as 
Secretary  of  the  Treasury  sent  in  near  close  of  tho 
session,  470 ;  Immediately  rejected,  470 ;  resigns,  470 ; 
spp4)lnted  Chief  Justice,  781;  vote  In  the  Senate,  731. 

TJriffand  .^merican/S^«(eni.— Beginning  of  the  question, 
82 ;  protection  looked  for  among  the  incidental  powers, 
82;  the  design  was  to  make  protection  the  object,  and 
revenue  the  Incident,  82 ;  revision  of  the  tariff  pro- 
{losed,  82 ;  public  distress  tho  leading  argument  for  tho 
new  tariff,  82 ;  remarks  of  Mr.  Clay,  82. 

"  Public  distress  of  the  whole  country  the  most  promi- 
nent object  of  attention,  82 ;  its  evidences,  82 ;  Its  ex- 
tent, 82;  •  truthful  pifitun,*'  82. 

Other  speakers,  82,  the  distress  disputed,  83;  its 
cause  the  paper  system,  88 ;  no  neoenity  for  protection, 
88;  Webster's  remarks,  83;  other  speakers  In  opposi- 
tion, 88;  passage  of  the  bill  in  the  House,  84 ;  closeness 
oftbe  vote,  84;  moved  to  refer  to  finance  committees 
In  the  Senate,  84 ;  lost,  84 ;  referred  to  committee  on 
manufitctures,  84;  passed  the  Senate,  84;  Increase  of 
revenue  a  motive  with  some  fHends  of  tho  bill,  84 ; 
views  oftbe  candidates  for  the  Presidency,  84;  position 
of  various  States  on  the  bill,  84. 

RevMon  of. — Date  of  a  serious  division  between  the 
North  and  Soutli,  96;  the  work  of  politicians  and  manu- 
facturers, 95 ;  productions  of  different  States  favored  by 
additional  duties  on  their  rival  Imports,  95 ;  remarks,  95 ; 
"in  vain  that  It  is  called  the  American  system,  95;  as  a 
tax  for  the  support  of  Government,  it  is  to  b«  supported ; 
Iffvrany  other  purpose,  it  is  to  be  reprobated,  95 ;  the 
surrender  of  individual  opinion  to  the  interest  of  the 
State,"  95;  the  bill  contained  a  vicious  principle,  95; 
the  tariff  an  issue  in  the  Presidential  contest,  96;  man- 
DtlMturers  warned  not  to  mingle  their  interests  in  poli- 
tic*, 96;  change  of  policy  In  the  New  England  State^96; 


"she  held  bark,  9(1;  deiiounriMl,  9)1;  tliv  pn-MHt  iiims* 
uro  called  X  New  Knisland  ono,  9>1;  toim  uf  tlioM  »lii 
a<inilni!itered  the  (iovernnieiit,"  9ii;  tli<>  i|iie!itloD  no<« 
both  [xilitiral  and  iweiloiml,  1»; ;  Ih,-  duty  <>ii  In.lljp.,  97 ; 
remark.*  on  ihu  inotlun,  97  ;  "  lil«ti>ry  of  iu  priHluitiou, 
97;  reasons  f'>r  eticDuraKliiK  lt.<  liniiio  priHluctiun,  let; 
reasons  fur  a  uiii'riiiiiuus  vote,  Ot;  burdens  iin|H>M-d  by 
every  tarliroii  VlrciiiU  and  tho  Cisrol  11)0,1,"  99  ;  ■•objeet 
to  niuke  the  bill  consinl.  iit,  though  op|H>aed  t.>  the  prlii 
olple,  99 ;  no  boon  aitked  i  ,r  tho  South,  99 ;  rapacity  ot 
the  country  to  produce  It,  lot);"  u)otion  loot,  llHI;  * 
nominal  duty  Imimseil,  loo ;  this  rewirdcd  as  nn  Insult 
by  tho  South,  100;  Southern  views  of  tho  bill,  lOu; 
Bcbeu)o  of  this  Tariff,  where  conceived,  lul ;  the  bill  • 
regular  appendage  of  presidential  elections,  lul ;  change 
between  the  prosperity  of  tho  North  and  the  South, 
lol ;  cauio  to  which  attributed,  lul;  its  Jusilce,  lol; 
f'xllng  of  the  mass  of  democratic  members,  102. 

lltduction  of  Dutitt.—lL  cerUIn  an)ount  ruduced  at 
the  previous  session,  808;  a  step  In  the  right  direction, 
80S;  further  reduction  ex|>cctud,  8o8  ;  Verplanck's  bill, 
808;  tho  fluanclol  history  of  tho  country  since  the  into 
■wur, 800;  asatlsfoctory  statement, SO'J;  carryini; back  tho 
protective  system  to  tho  year  of  its  eoiDiuencement,  3()9 ; 
abundant  protection  to  real  manufacturers,  8i»9 ;  bound 
to  be  satisfactory  to  tho  South  Carolina  school,  809 ;  bill 
lingered  in  the  Honse  under  inturmlnublo  debates  on 
systems  and  theories,  809;  suddenly  knocked  over  by  a 
new  bill,  S09 ;  moved  to  strike  out  all  after  the  enacting 
clause,  and  to  Insert  a  new  bill,  called  the  cou)promlso, 
809;  delay  asked  for  by  Northern  members,  810;  ro- 
markc,  810;  "one  short  hour  ogo  collecting  our  papers 
to  go  home,  810;  a  now  bill,  proposed,  and  tho  cry  of 
'question 'raised,  310;  hasty  legislation  deprecated  In 
matters  of  great  importance,  810 ;  this  matter  assumes  an 
Imposing  attitude,  810;  a  bill  to  tranciulliue  feellngn, 
810;  It  Is  said  the  next  Congress  will  be  hostile  to  the 
tariff,  311;  the  discontent  has  a  deeper  sent  than  the 
tariff,"  811 ;  the  seductive  and  treacherous  nature  of  com- 
promise legislation,  311 ;  bill  passed  at  once,  PI  1 ;  a  bill 
without  precedent  in  the  annals  of  legislation,  812;  the 
manner  of  procuoding,812;  the  degree  to  which  It  w/u  a 
compromise,  812;  list  oftbe  voters,  812. 

Clay  asks  leave  to  introduce  a  bill  called  a  "  compro- 
mise measure,"  813 ;  remarks,  813;  "two  great  objects 
in  view,  814  ;  the  first  object  looks  at  the  tariff,  813;  It 
stands  in  imminent  danger,  813;  It  must  fall  at  the  next 
session,  818 ;  be  productive  of  calamitous  consequences, 
813 ;  can  be  placed  on  a  better  foundation  now,  than 
at  the  next  session,  313;  the  majority  of  the  dominant 
party  is  ail  verso  to  the  tariff,  318;  the  father  of  the  sy*- 
tera  charged  witi  its  unnatural  abandonment,  813;  a 
wish  to  separate  It  I'rom  politics,"  814 ;  tho  principlo  of 
the  bill  a  series  of  annual  reductions  of  one-tenth  per 
cent,  &c.,  814 ;  other  features  of  the  bill,  814 ;  remarks  on 
the  number  of  years  the  protective  policy  has  to  run, 
and  the  guaranties  for  its  abandonment,  814;  a  stipula- 
tion to  continue  nine  years,  and  no  guarantee  for  Its 
abandonment, 814;  moral  guarantees, 814 ;  "this  project 
has  not  the  elements  of  success,  815 ;  a  violation  of  the 
constitution,  as  tho  Senate  have  no  power  to  originate  a 
revenue  bill,  815 ;  after  they  are  defeatetl,  and  can  no 
longer  maintain  a  conflict,  they  come  to  make  the  best 
bargain  they  can,  316 ;  the  tariff  is  In  Its  luitt  gasp,  316 ; 
whM  has  the  tariff  led  us  to  already?  316;  what  evi- 
dence that  the  manufacturers  will  not  come  at  tho  end 
of  tho  time,  and  ask  more  protection  than  over,"  316 ;  "a 
measure  for  harmony,  815;  the  unhappy  divisions  of 
North  and  South  attributable  to  this  bill,  315;  further 


«MV 


INDEX  TO  VOL.  I. 


rriimrka."  HIR;  falllMlity  of  pnlltU-al  opinions,  SIS; 
riny'H  vli'Wii,  H16;  t'allinun"*  views,  819  ;  CUy'i  ilctrr- 
iiiinutlon  ri'IntlTc  tn  a  rcni'llnn,  810;  manner  In  wliirh 
the  tiill  was  ri'cclvcci  liy  tlin  piiMIc,  818  ;  Nllc«'«  lJe(rl«- 
ttT,  MA;  ciincliiAlonnortho  mannructurorg, 810;  posltinn 
(if  Wctistor,  81(1;  not  rnniinltcil  on  tlic  Mibject,  «Ifl; 
"tlio  bllla  w('ll-iinilorAtn(Ml  surrender  of  ttio  power  of 
illscrluilnnlliin,  or  a  stipiilatiiin  nut  to  nse  that  jiower 
lor  a  rerlain  period,  817;  If  tlic  tariff  is  in  danirer,  It  is 
because  the  pcoplo  will  not  lanctiun  it,  817;  resolutions 
relative  to  tho  bill,"  817. 

I'riibablo  reasons  for  Webster's  exclusion  ttom  all 
knriwlcd({«  of  tho  compromiso  bill,  818;  coincidence  of 
bis  views  with  those  of  Oenvrnl  Jackson,  818;  a  reduc- 
tion of  tho  tnrtir  to  a  stable  condition  frustrated  by  the 
compromise  bill,  818 ;  objections  urged  against  the  bill, 
81A;  attitude  of  Bouth  Carolina  tnrmount«£  tho  objec- 
tions, 818 ;  would  remove  all  cause  (if  discontent  ft'om 
hor,  818 ;  Houso  bill  Introduced  during  tho  discussion  on 
(he  question  of  leave,  819;  ditto  passed,  819;  share  of 
tho  manufncturing  states  in  this  compromise,  819 ;  an 
inc'dcnt  showing  that  measures  may  bo  passed  on  other 
reasons  than  thoir  merits,  819;  remarks,  819;  "an  ex- 
traordinary augmentation  of  duties  in  a  bill  which  was 
to  reduce  duties,  819;  two  or  three  little  factories  In 
Connecticut  nmst  bo  protected,  819;  contrary  to  the 
whole  tenor  and  policy  of  the  bill,  820 ;  a  view  of  tho 
circumstances  which  had  attended  tho  duties  on  these 
woollens,"  820. 

Another  incident— tho  character  of  protection  openly 
claimed  fur  this  bill,  820;  remarks  of  various  Senators 
on  this  point,  821 ;  silence  of  Calhoun  on  this  point,  821. 

The  constitntlonallty  of  originating  this  bill  in  the 
Senate,  821 ;  purely  a  question  of  privilege,  and  the  de- 
cision of  it  belonged  alone  to  the  other  House,  821 ;  no 
Committee  of  Woys  and  Means  In  the  Senate,  821 ;  it  Is 
not  the  loss  a  money  hill  from  its  object  being  protec» 
tlon,  821 ;  amendment  proposed  relative  to  the  draw- 
hack  on  manufactured  Imports,  821;  instance  refined 
sugar,  322 ;  lost,  822 ;  carried,  so  far  as  relates  to  sugar,  in 
after  years,  822. 

Motion  to  substitute  home  valuations  for  foreign  or 
Imported  goods,  822 ;  strenuously  opposed  by  Calhoun 
822 ;  insisted  upon  by  friends  of  the  bill,  822 ;  moved  to 
lay  tho  bill  on  the  table,  822 ;  adjournment  moved  and 
carried,  822;  Calhoun  recedes,  822;  the  conditions,  822; 
their  fallacy,  823;  debate  on  this  point,  828;  "a  home 
valuation  deemed  necessary  by  the  friends  of  the  pro- 
tective system,  823 ;  believed  that  after  nine  years  most 
of  the  manufacturers  will  be  sufficiently  grown  to  pro- 
tect themselves  under  a  twcnty-flve  per  cent  duty. 
823;  it  would  be  an  increase  of  duties,  823;  essentially 
necessary  in  order  to  prevent  ond  detect  frauds,  828 ;  It 
will  bo  an  entering  wedge  for  future  measures,  828;  for 
tho  sake  of  conciliation,  the  bill  Is  brought  forward,  824; 
the  objections  to  the  motion  insurmountable,  824;  tho 
bill  will  sovo  South  Carolina  from  herself,  824;  you  can- 
not have  the  folr  twenty  per  cent  without  adopting  (he 
principle  of  home  valuation,  825;  the  unequal  operation 
of  the  home  valuation,  825 ;  not  possible  to  maintain  our 
institutions  nnd  our  liberties  under  the  continuance  of 
this  controversy,  828 ;  proposed  to  lay  tho  bill  on  the 
table,  826;  further  debate,  827 ;  motioi  withdrawn,  827; 
amendment  moved,  827 ;  ndjournmej.t  moved,  827;  car- 
ried, 827;  amendment  that  no  valuation  be  adopted 
which  will  operate  unequally  in  different  parts  of  the 
I'nion  considered,  827;  requirement  of  tho  constitution, 
827 ;  merchont  pirt  to  great  Inconvenience,  827 ;  the  bill  is 
declared  to  be  permanent,  827 ;  home  valuation  iuproc- 


tlrsble  and  nnpree«<lente<l,  and  unknown  in  any  |m^ 
latlon,  ffiW;  without  the  auuranre  that  the  princi||(.,,i 
not  be  dlnturbed,  bill  should  be  opposed,  RW;   tion, 
valuation  tending  to  a  violation  of  tho  conMitntliin,:;.,. 
Injurious  and  almost  fatal  to  tho  fouthern  [>o^t^;)£|' 
create  great  additional  expense,  829;   an  inrre«.v  ,i| 
duties  In  a  new  form,  829;  the  fate  of  the  bill  dfiKnil, 
on  the  fiito  of  the  amendment,  829;  two  rnnditlun*  .,f  | 
the  vote  of  Mr.  Calhoun,  8«9;   amendment  fliim;  ^, 
ki>mo  valuation  adopted,"  830;  a  new  prinelplu  t;,iij 
adopted  at  the  expense  of  the  constitution,  il-'i". 

(■ompromiKt,  nfcrtt  hlHtory  o/:— Calhoun  ami  f  i„v  i 
rival  candidates  for  the  Presidency,  842 ;  leaders  is  i><|. 
posito  political  systems,  842 ;  cause  of  their  fricndflil'p 
842 ;  rupture,  843 ;  a  question  between  them,  which  l;*!  I 
tho  upper  hand  of  tho  other,  842;  Letcher  concvlve8th» 
Idea  of  a  compromise  to  release  South  Carolina  frcm 
her  position,  842;  determination  of  Jackson  to  srnM 
Calhoun  for  high  treason>848;  conferenc  is,  M3;  ft^fp,,. 
ment  with  the  manufacturers,  848;  action  of  Mr.  Cl.iv.  I 
ton,  848;  amendments  which  were  agreed  to,  843;  ram.  I 
ncr  of  the  passage  of  the  home  valuation  amcndmpiit  I 
844;  Calboun'«  remarki,  844;  his  vote,  844;  Johc  M. 
Clayton  master  of  both,  844. 

Act  </ 1883.— Compromises,  844;  act  of  1883  a  bre.aiti  I 
of  all  the  mies  and  principles  of  legislation,  84,'5;  booh. 
ccptlon  of  rival  politicians  who  had  ihllcd  in  the  pmu  I 
of  agitation,  and  threw  it  up  for  the  game  of  paclflcailnD,  I 
845 ;  how  could  this  measure  be  effected  in  a  country  >. 
vast  and  intelligent,  845;  Benton's  view  of  tho  comiJt , 
misc,  846;  vices  of  the  act,  846;  mischiefs  done  toil,, 
frame  of  tho  government,  847.    Ste  Protectitt  %;«.  i. 

Tatxall,  Col.,  on  the  treaty  with  tho  Creeks,  04;  sHoail 
to  ISandolph  in  the  duel  with  Clay,  '2. 

Taylor,  Jodk  W.,  Representative  from  New  Yorl;, 
Speaker,  7 ;  votes  for  the  Missouri  compromise,  3. 

Taylob,  John,  decease  of,  a  perfect  and  complete  repuMi- 1 
can  statesman,  45;  demeanor,  46;  dress,  45;  hu  c).ir.| 
acter,  45:  writings,  45;  presented  the  Virginia  Eoh.Iu. 
tlons  of  1798, 46 ;  on  the  Virginia  resolutions,  851. 

Tatlob,  O.  K.,  on  the  Virginia  Resolutions,  850. 

Territories.— tbeit  rights  under  the  constitution,  4. 

Texas,  Independence  o/— Memorials  on  the  subject,  bO;! 
effects  of  the  victory  of  San  Jacinto,  665 ;  remarks,  W;  I 
reference  to  Committee  on  Foreign  Affairs  moved,  fiUi,\ 
if  Texas  has  a  government  de  facto,  it  is  the  duty  of  thtl 
government  to  acknowledge  it,  666;  moderation  jnJ  I 
deliberation  counselled,  666;  acknowledgment  and  ii\\ 
mlfMon  advocated,  667;  new  theatre  for  the  tlarer;! 
agitation  revealed,  667 ;  a  design  to  make  Texas  sn  elt'.[ 
ment  in  the  Presidential  election,  667;  tho  former  ctA 
sion  of  Texas,  667;  the  course  of  Calhoun,  667;  remaikjl 
of  Bedford  Brown,  668;  remarks  of  Mr.  Kives,  (t,vl 
national  faith  should  be  preserved  inviolate,  668 ;  report  I 
in  favor,  669 ;  "  the  balance  of  power  and  the  perpetni.| 
tlon  of  our  institutions,"  ao  a  reason  for  admission,  6 
resolutions  of  recognition  passed  both  Houses,  670;  re-l 
marks  of  Senator  Benton,  670;  the  separation  of  thei«o| 
countries  among  the  fixed  order  of  events,  672;  tbJ 
Alamo,  678;  humanity  of  Mexican  ladies,  674;  caluumyl 
on  the  canseof  tho  revolt,  674;  the  revolt  has  llluitnt(d| 
the  Anglo  Saxon  ch'  roctor,  675^ 

TnoHAS,  Jesss  B,,  Totes  for  the  Missouri  Compromise,  S. 

TnoHAS,  Fbakcib,  on  Committee  of  Bank  Investigation,  2(1 1 
on  the  admission  of  Arkansas,  681. 

Thompson,  Suitu,  Secretary  of  the  Navy,  7, 

Tompkins,  D.  D,,  Vice  President  7. 

TiionN,  Lieut,  his  fate,  109. 

Thorn,  Hermann,  application  for   a   commission  In  Ib| 
army,  ISS. 


INDEX  TO  Vi»L  I. 


x%» 


MirntiMl,  tnd  unknown  In  any  \n\M 
t  th«  *Murmnrethatthpprlnci|lKiiii 
bill  ahoulil  b«  npiHicoil,  ttW;  li"ii,« 

0  a  Tiulatlon  of  tlio  conatUntli.n.i.'j; 
at  faul  ti»  tho  Couthorn  ^M^^t^  atj , 
lonal  f'xpcnur,  W9;  an  Inrrea.v  d 
m,  829 ;  tbe  fate  uf  tb<i  bill  flriKtiiU 

1  aiiicnilnu'nt,  8'2«;  two  rondltluns  ..f 
Calhoun,  8i«9;  ainendniont  flxlni:  i 
idlittiil,"  830;  a  new  [irinclplu  tuiu 
pnso  of  th<>  conntUutlon,  ICJ". 
LT«t  hlotovy  o)'.— Calhoun  and  f  !ny 
ir  the  Prcaldenny,  842 ;  leaden  Ic  ci;,. 
Btcm^  842 ;  cauM  of  their  friendflilp, 

a  qucation  between  them,  wblcli  bk.| 
tho  other,  842 ;  Letcher  concelvcuths 
mine  to  rolcaae  Bouth  Carolina  hom 
;  dctemnlnatlon  of  Jackson  to  am•^t 
trea«on>  848 ;  conferenc  !9, 848;  iwrc- 
lanufocturcra,  848;  action  of  Mr.  I'l.n;. 
icnts  which  wore  agreed  to,  843 ;  mas. 
[0  of  the  homo  valuotlon  amcndmi'iit, 
emarka,  »M ;  his  vote,  844 ;  John  M. 
f  both,  844 

iompromlaes,  844;  act  of  1883  a  brcvli 
nd  princlplos  of  legislation,  845;  a  con- 
poUtlolana  who  had  foiled  In  the  (ranrn 
threw  It  up  for  the  game  of  paclflcatlciii, 
this  measure  be  effected  In  a  country  w 
ent,  845;  Benton's  view  of  tho  cuuipr  i- 
of  the  act,  846;  mischiefs  done  toilio 
ornroent,  84T.    Stt  ProUctitt  .SyiU::i. 
he  treaty  with  the  Creeks,  64;  moiA] 
the  duel  with  Clay,  72. 
Kcprosentatlve   from  New   York,  ;; 
es  for  the  Missouri  compromise,  8. 
Mkse  of,  a  perfect  arid  complete  reputii- 
48;  demeanor,  46 ;  dress,  45;  his  cUr- 
ings,  45 ;  presented  the  Virginia  Ecfolu- 
i ;  on  the  Virginia  resolutions,  851. 
lie  Virginia  Kesolutlons,  880. 
r  rights  under  the  constitution,  4. 
net  o/— Memorials  on  the  subject,  m; 
tetory  of  Son  Jacinto,  665 ;  remarks,  6r4; 
immlttee  on  Foreign  Atfalrs  moved, ««; 
jovemment  d«  facto,  it  is  the  duty  of  ihi 
)  acknowledge  It,  666;  moderation  anil 
)nnselled,  666;  ocknowlodgmcnt  and  el- 
ated, 66T;   new  theotre  for  the  slavery 
aled,  667 ;  a  design  to  make  Texas  an  ck 
residential  election,  667 ;  tho  former  cci 
667;  the  course  of  Calhoun,  667;  renuikil 
rown,  668 ;  remorks  of  Mr.  Klves,  K;;! 
should  be  preserved  inviolate,  663;  rfpoit] 
"  the  balance  of  power  and  the  perpctni- 
stltutlons,"  aa  a  reason  for  admission,  M9; 
recognition  passed  both  Houses,  610;  rt. 
jtor  Benton,  670 ;  the  separation  of  the  two 
long  the  fixed  order  of  events,  672;  tht 
hr.manlty  of  Mexican  ladles,  674;  calumay 
of  tho  revolt,  674 ;  the  revolt  has  lUustntri] 
ron  ch'  racier,  675. 

..,  votes  for  the  Missouri  Comprotnise,  S. 
8,  on  Committee  of  Bank  Investigation,  ill 
«lon  of  Arkansas,  681. 
B,  Secretary  of  the  Navy,  7. 
,  Vice  President.  7. 
is  fate,  109. 
RH,  application  for   a   commission  lo  t«| 


tftamry  notft,  rp«)rte<l  to.  1 ;  ili'free  of  dvprectatlun  In 

Hei'Dil  year  uf  tliu  war  of  l'<12,  I. 
Trtii>l/  o/l^w?.— Cauiw  i.f  Ita  rejection  without  rcft'rence  to 

the  Senate,  1. 
frtiil>j-miikitt{/  ixnctr.—\U  extent,  4. 
TrKily  "/Indian  fprlnm,  fiS. 

TiiMBi.1!.  Daniri.,  Kepri'sentatlve  (W)m  Kentuck),  7. 
TrrkCK,  UauaoK.  Ucpreaeutatlvo  from  VIriilnIs,  7. 
fn.r.B,  JoH»,  Keprcfcntotlve  from  VIriflnIo,  7;  on  the  force 

Mil,  Hill;  dcfumls  the  i!enate  investigating  comtiil   ee's 

riiiort,  4»fl 


Tax  lirREW,  Marti!«,  remarks  on  tho  treaty  with  tho  Creeks^ 
60;  Secretary  of  :<tate,  119;  appointed  Minister  tu  Kng- 
land,  ISl ;  rrsltcns  bis  seat  In  thu  cabinet,  Isl ;  his  rcjcu- 
tlon  OS  Minister  to  England,  214;  candidates  for  the 
succession  to  Oencral  Jackson,  214 ;  effect  of  Van 
IJuren's  appointment  aa  Secretary  of  State,  214 ;  a  stvp- 
plng-stone  to  tho  Presidency,  214 ;  appointed  nilni.ster, 
and  left  for  London,  214;  charged  with  breaking  up  tho 
cabinet  for  the  purpose  of  ousting  tho  friendt  of  Calhoun, 
214;  his  nomination  sent  to  tho  Senate,  and  rejection 
certain,  soon  as  n  cose  could  bomadooutfor  Justltlcatlun, 
?14;  causes  of  objection,  215;  rejection  was  not  enough 
—a  killing  off  In  the  public  mind  intended,  215 ;  the 
speeches,  215;  anecdote,  215;  the  speakers,  215;  apos- 
trophe of  Madame  liolnnd,  215;  oh  politics!  how  much 
bamboozling  Is  practised  In  thy  name, 215;  tie  votes,  215; 
speakers  for  the  nomination,  216 ;  grounds  upon  whieh 
the  objections  were  based,  216;  quotation  from  McLano. 
216;  report  of  Mr.  Oallatln  containing  a  refutation  of 
tho  objections  relative  to  the  British  trade,  216;  tho 
original  of  Van  Buren's  letter  of  instrnctlons,  210 ;  un- 
published (Speech  of  Van  Ituren,  217;  tho  AVashlngton 
ground,  217;  Jackson,  author  of  tho  instructions,  217. 
letter  of  General  Jackson  to  Von  Bnren  after  tho  latter 
became  President,  217 ;  comi»IoteIy  disproving  a  dis- 
honorable imputation,  217  ;  Calhoun's  fHendshIp  for 
Jackson,  21S;  the  NewTork  system  of  proscription,  21S> 
illcnce  of  Benton,  reason  for,  218;  his  letter  to  Van 
Buren,  21S;  tho  rejection  In  England,  219;  Its  effects 
upon  Mr.  Van  Buren,  219;  remark  of  Calhoun,  219;  the 
tie  votes,  219 ;  tho  ii^unctton  of  secrecy  removed,  219 ; 
relative  to  removals  under  Jackson,  218 ;  elected  Vice 
President,  282. 

I  Vw  Dtkk,  Nicholas,  votes  for  the  Missouri  Compromise,  8_ 

1  Ytto  vfMaytviUe  Road  JWH.— Third  veto  on  tho  subject  of 
Internal  Improvements,  167 ;  history  of  these  vetoes,  167 ; 
they  embrace  all  tbe  constitutional  rcosoning  on  tho 
question,  167. 
Ytto  oftht  bank,  effect*  o/— This  a  general  caption  for  tho 
opposition  newspapers  throughout  the  country,  2S0;  the 
ruin  of  the  country  mode  to  appear,  280;  extrocts  iVom 
Journals,  281;  the  programme  of  the  bonk  ond  its 
branches,  281 ;  wicked  attempt  on  the  part  of  a  moneyed 
corporation  to  govern  the  election,  2S1. 

I  Vikflanck's,  Gvlian  C,  bill  for  the  reduction  of  duties,  SOS. 

I  yirginla  rtiolutiont,  suggestlvo  of  nullification  to  Mr.  Cal- 
houn, 885 ;  debate  of  1880,  the  down  of  tho  Ideas  of  nulll- 
lleation,  847 ;  tho  VlrBlnio  resolutions  quoted,  847 ;  nul- 
liHcatlon  doctrines  avowed,  847;  resolutions  of '9S  ap- 
jwuled  to,  847 ;  the  resolutions,  848 ;  their  vindication, 
848;  from  their  text,  848;  the  right  and  duty  of  Stote 
interposition  claimed,  848;  forcible  or  nullifying  Inter- 
position not  meant,  848;  the  constitution  suggests  several 
modes  ivf  Interposition,  848 ;  to  iotcri>oso,  does  not  mean 
to  nullify  and  sot  at  nought,  849. 


Tbii  rotem|M>ranroua  Intorprrtatinn, .tlJ;  whir* found, 
849;  «|M'uker»  In  thu  Vlririnla  I^irlslature,  Mi  ;  i)piiii..fn 
advanced  by  the  ■n<'okcr!<,  X*\  X.\ ;  tlin  i>|.|...«  r%  ,.f  i.i.- 
rmdutliiin  did  not  cbariiK  upon  tli<  'ii,  upr  iln  Ir  i>iiii 
iK.rtir^  la  any  nniiniT  lonti  ud  f"r  Hiiy  priiicipln  likf 
tl)at  of  niilUiUulli.il,  :i.VJ  ;  n^poiiM  ■<  of  ?iijiti.  l,cj;ijl«tur. ... 
report  on  the,  Xi-i;  extrtt<l»,  1».J;  inuiiii  ruli..K  of  tho 
powers  v\hicli  in  tlio  in  iiiins  arc  cliiiiiicd  for  llie  Mat.., 
:U!;  vicvisof  then  in.'  i.iiinwlio  o-ioided  the  rewilii- 
tlon,<,  fCiJl;  rciiinrk  of  MmliM.n,  "nVI;  of  MunriM'  in  l-'«i, 
i!.*n;  tbe  passage  of  the  scditioii  law,  :i|;  coiulmt  »(  the 
peo|il.i  of  Virginia,  iVA. 

Tbe  res(duticins  Ul.sabuwd  of  nulllflcatlim  by  their  .lu. 
thor,  1151;  the  letters  of  Mmilaoii,  ;i.V.;  exlriictH  froMi  his 
Ultir  to  .Mr.  Kverett,  UM;  reasons  for  rijcciin..;  in  Vm 
lonKtltntion  fanciful  ami  liiiprncticaldo  thcori.s,  ".Vi; 
wimt  the  constitution  aiiopts  in  u  occiirily  cd'  tbe  rli;hti 
ami  powers  of  llie  states,  8ufl;  coiiipKlcncM  of  tluMi 
provisioni)  for  tho  security  of  tho  States,  iCm!;  on  tha 
doctrine  of  nullillcatlon,  l!5t);  letter  to  Joseph  C.  ('iihcll, 
850,  ll,'i7,  809;  to  Daniel  'Wibster,  ilOfl;  to  Juuies  Kobcrt 
son,  .%0 ;  to  N.  P.  Trist,  8:i7,  35'.* ;  to  C.  E.  llayne.n, ;»: ; 
to  Andrew  Steven.son,  8,')7;  from  a  nieuioruiiduiii  on 
nullltlcal.on,  858,  3i9 ;  note,  .S,'rf ;  to  Mr.  Town.s..'iii!,  i;V.l ; 
furtlicr  e.\tract.H,  300 ;  reiuiirks,  yCO. 
Vote  afittin.'it  tho  ratllleatlon  of  the  treaty  of  ISlS,  17;  on  re- 
pairs of  Cumberland  road,  2J;  on  the  till  to  nmko  n  roail 
to  Now  Mexico,  44 ;  on  tho  bill  to  occupy  tho  Cidiinihli; 
river,  50;  on  the  nomination  of  Clay  as  Secretary  ol 
State,  55;  on  tho  noinlnullons  to  the  Punaiiui  iiil.s.sion, 
00;  entreaty  with  tho  Cherokee.^,  KM;  on  leave  to  otlVr 
a  resolution  of  inquiry  rdativo  to  rechurter  of  tho  bank, 
21)5;  on  tho  rccharter  of  tho  bank,  2.'>0;  do.  In  tho 
II0U.SO,  250;  on  selling  the  stock  of  the  United  States  in 
bank,  295;  on  the  coiiiproiiiiso  tariff  bill,  812;  on  tlio 
eompromiso  bill,  SiiO ;  on  tlie  bill  to  distribute  tlie  ajiles 
from  public  lands,  304  ;  on  tho  resolution  ol  iiuiiilry  Into 
tho  fitness  of  the  persons  nominated  for  bank  directors, 
8S5;  on  tho  resolution  relative  to  tho  report  of  the  Sec- 
retary of  tho  Treo-sury,  395;  on  the  resolution  comleinn- 
Ing  President  Jackson,  423;  on  Webster's  plan  of  reliet', 
4.55;  on  laying  tho  expunging  resolutions  of  Alabama  on 
the  table,  52S;  on  tho  branch  mints,  .Vj3;  on  tho  deposit 
bunk  bill,  553;  on  tho  fortitlcatlon  bill,  .'>55;  on  tho  in- 
cendiary publication  bill,  58S;  on  tho  reception  of  aboli- 
tion petitions,  019;  on  abolition  petition  of  Society  of 
Friends,  621;  on  abolition  petitions  In  tho  House,  021; 
on  the  Cherokee  treaty,  025;  on  tho  aduilaslon  of  Arkan- 
sas, 031 ;  on  the  distribution  bill,  051 ;  on  recognizing  tho 
Independence  of  Texas,  070;  on  tho  reclsion  oftheipecio 
circular,  7U5;  on  tho  substltuto  tu  liiuil  distribuiiu.., 
708;  on  striking  out  tho  deposit  clause  from  tho  ap- 
propriation bill,  711. 

W 

■Walkeb,  Joiik  AV.,  Senator  from  Alabama,  7;  Judge,  7; 
votes  for  tho  Missouri  Compromise,  S ;  on  tho  independ- 
ence of  Texas,  005 ;  on  the  specie  circular,  703. 

War(>/'1812.— By  whoso  exertions  tho  declaration  was  ob- 
tained, 6 ;  Its  great  results,  0. 

■Wasiiinoios,  Judge,  of  Supremo  Court,  8. 

Watmouoii,  Joun  G.,  on  tho  Committee  of  Dank  investiga- 
tion, 241. 

Wayne,  James  M.,  moves  o  reference  of  the  bank  memorial 
to  a  select  committee,  234;  on  the  bank  investigation 
288;  oppuinted  Judge  uf  ihe  Supreme  Court,  569. 

Weusteb,  Damei.,  denies  the  public  distress,  S3;  on  the 
protective  system,  90;  on  revision  of  the  tariff,  96    on 


IXTI 


INDEX  TO  VOL.  I. 


Ih<i  oriltnanro  of  I7><7,  VH;  on  tho  rotxlurt  u(  the  tree 
Htati'ii  on  ulavi-ry,  1H7;  In  reply  to  Unyne,!^;  <lobat« 
with  ilayne,  1H\  140;  op|HiafH  Vnn  liurcn  u  Minister  to 
Kniiliinil,  2IS ;  on  the  ruvharter  of  the  bank,  24)),  244 ;  on 
tliu  pnMpi'ct  of  I'lilillc  dIatrbM,  2M ;  on  the  force  bllU 
»:)'.> ;  on  niilllflcHtlon,  8)IS;  un  the  French  iipolliitlon  bill, 
4SS,C4)ri;  on  the  KxpiinvlngrrioliitlonlUU;  on  the  bill  to 
iinpproMlncrnillary  pnbllcotlona,  5*14 ;  on  French  alTslrs. 
M)4,  tM\  on  abolition  petltluni,  <19;  on  the  ipeoie  circu- 
lar, 099. 

WiiiTK,  Iliinii  L.,  on  the  entrance  of  the  banit  directora  into 
the  polltlPHi  Add,  2M. 

WicKi.iKKF,  CitARi.M  II.,  OH  tho  Committee  of  I))ulry,  29T. 

VTiLKiNi,  William,  on  the  force  bill,  830. 

WiiUAHi,  JouN,  Senator  from  Tennosse),  T, 


WiLMAMP,  I.rwia,  ItcprpM-otatlvu  from  North  Carolina,  T 
Father  of  the  Ilouw,  7. 

WiLLiAMK,  T.  H.,  votc«  for  tho  Mlitaoiirl  Comprnmlm-  u 

WiKT,  William,  Attorney  Gi'ncrnI,  7,  M;  ooiiniH>|  \„',  ,i 
Chrrokee  Imllanii,  169;  camlldate  fur  the  I'ri-il.n' 
V-ii;  cleceimo  of,  475 ;  rank  as  a  lawyer,  4in;  l(.«»,in,  i, 
Ills  lift',  47.1;  rarly  condition,  47S ;  authorship,  4;c;  tj,,,, 
of  hii  death,  476;  remurki  of  Mr.  Webster  ut  bar  luc 
ln«,  478.  ' 

WoouiiURV,  I.ITI,  Secretary  of  the  Navy,  ISI. 

Wbioiit,  8ILA1,  on  the  French  Spoliation  bill,  4.s». 


YsLL,  Archibald,  on  the  ceulon  of  the  public  laadt,  Tit 


the  cession  of  the  public  ludt,  7||, 


APPLETONS' 

AMERICAN   CYCLOr^^DIA. 

yjiJr  BE  VISED  EDITION. 

Entirely  rewritten  by  the  ablest  writers  on  every  subject.     Printed  from  new  typo, 
and  illustrated  with  Several  Thousand  Engravings  and  Maps, 


The  work  originally  published  under  the  title  of  TitR  Nf.w  Amkrican  Cvrtnp.rniv 
was  completed  in  1863,  since  which  time  the  wide  circulation  wliiih  it  has  attained  in  all 
parts  of  tne  United  States,  and  the  signal  developments  which  have  taken  place  in  every 
branch  of  science,  literature,  and  art,  have  induced  the  editors  and  publishers  to  submit 
it  to  an  exact  and  thorough  revision,  and  to  issue  a  new  edition  entitled  TiiK  American 

CYCLOP.«niA. 

Within  the  last  ten  years  the  progress  of  discovery  in  every  department  of  knowl- 
edge has  made  a  new  work  of  reference  an  imperative  want. 

The  movement  of  political  aflfairs  has  kept  pace  with  the  discoveries  of  science,  .ind 
their  fruitful  application  to  the  industrial  and  useful  arts  and  the  convenience  and  re- 
finement of  social  life.  Great  wars  and  consequent  revolutions  have  occurred,  involving 
national  changes  of  peculiar  moment.  The  civil  war  of  own  country,  which  was  at  its 
height  when  the  last  volume  of  the  old  work  appeared,  has  happily  been  ended,  and  a 
new  course  of  commercial  and  industrial   activity  has  been  commenced. 

Large  accessions  to  our  geographical  knowledge  have  been  made  by  the  indefatigable 
explorers  of  Africa. 

The  creat  political  revolutions  of  the  last  decade,  with  the  natural  result  of  the  lapse 
of  time,  nave  brought  into  public  view  a  multitude  of  new  men,  whose  names  are  in 
eveiy  one's  mouth,  and  of  vhose  lives  every  one  is  curious  to  know  the  particulars. 
Great  battles  have  been  fought  and  important  sieges  maintained,  of  whith  the  details 
.are  as  yet  preserved  only  in  the  newspapers  or  in  the  transient  publications  of  the  day, 
but  which  ought  now  to  take  their  place  in  permanent  and  authentic  history. 

In  preparing  the  present  edition  for  the  press,  it  has  accordingly  been  the  aim  of  the 
editors  to  bring  down  the  information  to  the  latest  possible  dates,  and  to  furnish  an  ac- 
curate account  of  the  most  recent  discoveries  in  science,  of  every  fresh  production  in 
literature,  and  of  the  newest  inventions  in  the  practical  arts,  as  well  as  to  give  a  succinct 
and  original  record  of  the  progress  of  political  and  historical  events. 

The  work  has  been  begun  after  long  and  careful  preliminary  labor,  end  with  the 
most  ample  resources  for  carrying  it   on  to  a  successful  termination. 

None  of  the  original  stereotype  plates  have  been  used,  but  every  page  has  been 
printed  on  new  type,  forming  in  fact  a  new  Cyclopredia,  with  the  same  plan  and  com- 
pass as  its  predecessor,  but  with  a  far  greater  pecuniary  expenditure,  and  with  such  im- 
provements in  its  composition  as  have  been  suggested  by  longer  experience  and  enlarged 
knowledge. 

The  illustrations,  which  are  introduced  for  the  first  time  in  the  present  edition,  have 
been  added  not  for  the  sake  of  pictorial  eflect,  but  to  give  greater  lucidity  and  force  to  the 
explanations  in  the  text.  They  embrace  all  branches  of  science  and  of  natural  history, 
and  depict  the  most  famous  and  remarkable  features  of  scenery,  architecture,  and  art, 
as  well  as  the  various  processes  of  mechanics  and  manufactures.  Although  intended 
for  instruction  rather  tnan  embellishment,  no  pains  have  been  spared  to  :nsure  their 
artistic  excellence;  the  cost  of  their  execution  is  enormous,  and  it  is  believed  they  will 
find  a  welcome  reception  as  an  admirable  feature  of  the  Cyclopedia,  and  worthy  of  its 
high  character. 

This  work  is  sold  to  subscriber"  only,  payable  on  delivery  of  each  volume.  It  will 
be  completed  in  sixteen  large  octavo  volumes,  each  containing  about  800  pages,  fully 
illustrated  with  several  thousand  Wood  Engravings,  and  with  numerous  colored  Litho- 
graphic Maps. 

Price  and  Style  of  Bindlnco 


If.  extra  CUlT:,  per  vol,  .  ,  .  $a.00 
In  llbrarff  lenther,  per  vol,  .  ,  0.00 
Inhalf  turkey  moroeeo,  per  vol.  ,    7.00 


In  halfruxaia,  extra  gilt,  per  vol.  H.OO 
In  full  mor.  ant.  gt.  edges,  per  vol.  10.00 
In  fnll  Tuaeta  per  vol 10.00 


Five  volumes  now  ready.  Succeeding  volumes,  until  completion,  will  be  issued 
once  in  two  months. 

*»•  Specimen  pages  of  the  American  Cyclop/EDIA,  showing  type,  illustrations, 
etc.,  will  be  sent  gratis,  on  application. 

FIRST-CLASS  CANVASSING  AGENTS  WANTED. 

.\ddress  the  Publishers,  D.  APPLETON  &  CO.,  M9  &  551  Braadway,  N.  T. 


"« 


THE  POPULAR  SCIENCE  MONTHLY, 

Conducted  by  Prof.  E.  L.  TOUMJJ^S. 

TiiK  ropi'i.An  Science  Moxtiilt  was  Btnrtcd  to  promote  tho  difTuilon  o{  valunble  tcU 
entitle  knowlcilgc,  in  a  readable  and  attractive  form,  among  all  clasnoa  of  the  cummunitr, 
and  has  thus  fur  mot  a  want  supplied  hj  no  other  pcriodiual  in  tho  United  Htatcs. 

The  great  feature  of  tho  magazine  is,  that  its  contents  are  not  what  science  woi  ton 
or  more  years  since,  but  what  it  m  to-day,  fircsh  from  the  stu^j,  tho  laboratory,  and  tlm 
experiment :  clothed  in  the  language  of  the  authors,  inventors,  and  scientists  thomscWcn, 
wliich  comprise  the  loading  minds  of  England,  France,  Germany,  and  the  United  8tato!t. 
Among  popular  articles,  covering  the  whole  range  of  Natcral  Science,  wo  have  the 
latcHt  thoughts  and  wordj  of  IIorlMirt  Spencer,  and  Professors  Huxley,  Tyndall,  and  K.  A. 
Proctor,  bince  the  start,  it  has  proved  a  graiif^ng  success  to  every  friend  of  seicntiflu 
progrcHS  and  universal  education;  and  those  who  believed  that  science  could  not  be 
made  any  thing  but  dry  study  are  disappointed. 

Tho  press  all  over  the  land  is  warmly  commending  it.  Wo  subjoin  a  few  cncomiumii 
from  those  recently  given : 


**  That  there  Is  ■  place  for  Tni  Popvl  Aa  Boiinob 
MoNTULT,  no  one  can  doubt  wlio  ho*  watched  the 
■tead  V  Increuae  of  Interest  In  scli-otillo  Inroitlgatlon 
manlretted  In  thli  country,  not  only  by  a  loluct 
oloaa,  but  by  the  entira  oomiaunlty,''— a«w  Hork 
Wimet. 

"A  Jonmal  which  promtaeR  to  bo  of  eminent 
value  to  the  cause  or  popular  eduoutlun  In  thia 
country."— ^iW  York  JriouM. 

"  It  Is,  beyond  comparlaon,  the  beat  attempt  at 
loumaliam  of  the  kind  ever  made  In  this  country." 
— y/o»M  Journal. 

"The  initial  number  Is  admirably  constituted." 
—Evening  liaO, 

"  We  think  It  Is  not  too  mneh  to  say  that  thh  is 
the  best  first  number  of  any  mosazlne  evnr  pub- 
lished In  America."— iViw  York  World. 

"It  Is  Just  what  Is  wanted  by  the  c  itIo:ii  and 
progressive  mind  of  this  country,  and  nvi^'t  to  be 
widely  circulated."- iV*w  York  Evtnlng  Xjt. 

"  It  Is  the  first  suocessftil  attempt  In  thin  countr' 
to  popularize  science  In  the  pogos  of  a  monthly."-^ 
Jf.  Y.  School  Journal. 

"  Not  the  loss  entertalntnir  because  it  I*  instrue- 
Mta-^—PMlaaelpMa  Agt. 

"Thi  Montult  has  more  than  iUlflllod  all  the 
promises  which  the  publishers  made  In  the  pro- 
spectus of  publication?'— iVio^ara  Falk  Gazelle. 

"It  places  before  American  readers  what  the 
ablest  men  of  science  throuj^hout  the  world  write 
about  their  meditations,  speculations,  and  dlscov- 
erles."— 7Vori(f<n««  Journal, 


"This  is  a  hlffhiy-anspleloas  begtnnlni;  of  a  uiiv 
ftal  and  mu''b-nevded  enterprise  In  the  way  of  pul>- 
Ucatlon,  for  which  the  public  owe  a  spoclal  debt  of 
ohllf^tton  t'>  Mesira.  D.  Appleton  &  Co."—Bo»ton 
QoMeltt. 

"Thift  n(<w  enterprise  appeals  to  all  who  are  in- 
terestwt  L".  lli'«  lauduhle  emirt  of  dUfUsluK  that  In- 
formation '.Tlilcb  is  best  calculated  to  expitnd  th>< 
mind  and  Improve  the  conditions  and  enhanco  the  < 
worth  of  Mter—Ootiien  Age. 

"Just  the  publication  needed  at  the  present 
^j."— Montreal  Gazette. 

"  This  now  matrazine,  In  our  estimation,  has  moM 
merit  than  the  whole  brood  which  have  precudud 
IV—Oewego  IHtti. 

"  In  our  opinion,  the  right  Idea  has  been  hapjillv 
hit  In  the  plan  of  this  new  monthly."— i(i<2r<</u 
Courier. 

"This  Is  one  of  the  venr  best  peric-llcals  of  Its 
kind  published  lo  the  world.  Its  corps  of  contribu- 
tors comprise  many  of  the  ablest  mtnda  known  to 
science  and  literatore.  It  Is  doing  a  sreat  and  noblu 
work  In  popularising  science,  promoting  the  growth 
of  reason,  and  leveling  the  battlements  of  old  su- 
perstitions reared  in  the  childhood  of  oar  race  be- 
fore it  was  capable  of  reasoning."— 7*^4  American 
Medical  Journal,  St  Louis,  Mo. 

"  This  magazine  Is  worth  Its  weight  in  gold,  for 
Its  service  in  raucating  the  people."—  The  American 
Journal  of  Sdueation,  Bt  Louis,  Mo. 

"This  monthly  enablef  us  to  utilize  at  least  sev- 
eral years  more  of  life  than  it  would  be  possible  were 
we  obligeJ  to  wait  Its  publication  in  boolt-form  at 
the  hands  of  some  compiler."- ?%<!  Writing  I'eacher 
and  BuHnei*  AdverUur,  New  York. 


The  Popclar  Science  Monthly  is  published  in  a  large  octavo,  handsoraoly  printed 
on  clear  type,  and,  whoti  the  subjects  admit,  fully  illustrated.  Each  number  contains 
128  pages. 

Terms:  $3  per  Annum)  or  Fifty  Cents  per  Number. 

Postage  free  to  all  Subscribers  in  the  United  States,  from  January  1,  1875. 

A  new  volume  of  the  Popdlar  Science  begins  with  tho  numbers  for  May  and  Novem. 
ber  each  year.    Subscriptions  may  commence  from  any  date.    Back  numbers  supplied. 

Jfow  Beadtf,  Vol:  I.,  II.,  III.,  IV.',  r.,and  VI.,  ofTh«  Papular  Seienee  3tonth~ 
Ju,  embracing  the  Number*  from  1  to  88  (May,  1872,  to  April,  1815),  6  vols.,  8vo.  Cloth,  |3.fl0  per  vol 
Ilalf  Morocco,  lO.flO  per  vol 

for  Sale,  Bhutinn  Caaea  for  Tola.  I.,  II.,III.,  IT.,  V.,  and  VI.,  of  The  Popular 
Sflrnee  Monthly.  These  covors  ore  prepared  expressly  for  binding  the  volumes  of  Thb  Populab 
Bgience  Montoly  as  they  appear,  and  will  be  sent  to  Subscribers  on  receipt  of  price.  Any  binder  can 
attach  the  covors  at  o  trifling  expense.    Price,  50  cents  each, 

AGENTS  ■WANTED. 

ADDBES3  J).  APFLETOJf  S"  ^0.,  Publishers, 

<  S49  ae  551  Broadway.  New  York 


VIONTHLY. 


!  ilifTugion  of  vahmkle  ici' 
3Ia88<!8  of  the  cumniunity, 
iho  United  State*. 
not  what  ■ciuiico  itai  ton 
f,  tho  laboratory,  and  tim 
and  Bciuntistfl  thcmguWcii, 
r,  and  the  United  Statcx. 
*L  SciENCB,  wo  haTO  the 
iuxley,  Tyndall,  and  H.  A. 
)  every  friend  of  Bvicntiflc 
lat  Boience  could  not  bo 

subjoin  a  few  encomiumit 

•nspkioni  bcKlnnlnf;  of  »  uar- 
«Dturprta6  In  the  wav  of  pub- 
9  publlo  owe  a  >pocial  dfbt  of 
£>.  Appletoo  &  Co."— Bottoii 

Hse  sppeslii  to  nil  who  are  In- 
t>le  etiurt  of  dtirusloK  that  tn- 
bost  calculated  to  ex|)i>ii(l  thi> 
e  oondlttoDt  and  enhiuico  the' 

iatlon  needed  at  the  proseut 

tutu. 

iae,  In  onr  eatlmatlon,  has  moro 

le  brood  which  have  precudcd 

the  right  Idea  ha»  boon  hapiillv 
thii  new  monthly."— />!<?<«<' 

to  very  beat  periollcala  of  Iti 
eWorld.  Ita  corps  of  contrlbu- 
of  the  Bbleat  minda  known  to 
J.  It  is  doing  a  great  and  noblo 
>  science,  promoting  tho  growth 
Ing  the  battlements  of  old  i>u- 
1  the  childhood  of  our  race  be- 
)f  reasoning."— 2'A«  American 
L  Louis,  Mo.  , ,  , 

la  worth  Ita  weight  in  gold,  for 
Dg  the  people."—  T/u  Atnerican 
on,  St.  Louis,  Mo. 
nablea  ua  to  utilize  at  least  sev- 
fe  than  It  would  be  possible  were 
Its  poblicatton  in  book-form  at 
mvttet.^—T/uWHting  Teacher 
rfUer,  New  York. 


jctavo,  handsomrily  printed 
)d.    Each  number  contains 

;»er  Number. 

from  January  1,  1875. 

imbers  for  May  and  Novem. 

Back  numbers  supplied. 
I  Papular  Selenee  jaontlt- 
vols!;8vo.    Cloth,  13.60  per  vol 

,  and  rX.,  of  The  Popular 

t  the  volumes  of  Thb  P<>pdla« 
«c»lpt  of  price.    Any  binder  can 


70.,  Publishers, 

1  Broadway.  New  York 


